How about the legal precedence that it was based on dating all the way back to Lincoln, FDR, and yes even Clinton? I suppose establishing the legal basis for what was done was all Bush really just running those admins too?
To carry out your response to the "what are we going to do now question" about GTMO, this is what the debate in the Libertarian party would look like.
The Party: Well we lost the election, what should we do not to try to win next time?
Strategist: We lost the election.
The Party: Yes, we understand that, but what should we do next?
Strategist: Well, the other person got more votes.
Obviously the election has been lost, the question however remains unanswered. What do we do now, and apparently how do we blame that on Bush.