I am VERY, VERY happy to see this development. All rulings and proceedings that occurred after the point that Colonel Spath began seeking employment with the immigration service have been thrown out. Everything from and after November 2015 has been wiped out, over 3 years of proceedings nullified.
Additionally, the defense lawyers who rightfully quit and refused military orders to return have been vindicated by the DC Circuit. The lawyers quit after finding wiretaps and refused to return to a system they knew to be corrupt, even in the face of threatened contempt proceedings and jail.
However, the ruling is FAR more significant, as the Judges have raised the idea of striking down the military commissions entirely as inherently unjust. In their ruling they BLASTED the commissions themselves, the Board of Military Commission Review, the prosecuting attorneys and the judges. ONLY the defense attorneys met with praise for sticking to their guns in the face of threats.
I reiterate my previous views. ABOLISH THE MILITARY COMMISSIONS NOW. Any individuals to be tried should be brought to the United States and tried in an Article III Court. All other individuals should be removed from Guantanamo Bay and either released or held in a prisoner of war camp in an appropriate location.
As President, if Congress refuses to act, I would force the issue by issuing my own ultimatum.
If Congress refuses to repeal the law forbidding transfer of Guantanamo detainees to the United States within 180 days after I took office, I will issue a complete and unconditional pardon to all detainees and release them unconditionally to where ever they wish to go and would follow through on that threat.
Either Congress acts or they all go free unconditionally.
Either way, once all detainees are out of Guantanamo, I would close the facility permanently and return Guantanamo to the sovereignty of Cuba.
I am DONE with Guantanamo Bay. Any strong arm tactic to close it I would endorse.