That is the fundamental problem, and the biggest reason why Bush never closed it himself. (There were many vocal people in his admin who wanted it closed)
Bush did nothing that he did not have legal authority and legal precedence to do... These people do not (and never were intended) to fall under Geneva protections. Holding them in this manner is not, and never will be, illegal.
Are these people held American citizens? It is not like we are just rounding up whoever we want and sending them to GiTMO. Numerous examples of the ones held there we released went on to kill Americans.
There was clear legal precedence and standing for everything Bush did. He did not just pull this idea out of thin air. In fact there was another case (I believe under Clinton but cannot remember 100% for sure) where the Attorney General ordered Cuban exiles held in American prisons with no recourse. This decision was upheld by the courts stating that he was acting on behalf of the President and had the legal authority to do just that.
this case is certainly not positive however these people went to Afghanistan to be trained in terror techniques against the Chinese government. So are they a threat to the US, maybe not. Are they being wrongly held? Doubtful in my view.
If they are returned to China they will simply be shot. No one else will take them, we certainly do not want them. That is the problem that needed to be figured out before setting a deadline for the closure of the facility.
