Tim F at Balloon Juice nails it on why the Obama approach to fixing the civil rights abuses of the war formerly called against terror is so troublesome.
The President’s oath of office obligates him to fully respect the Constitution of the United States (or at least make a believable show of doing so, which most Presidents treat as the same thing). Disrespecting that oath represents a fundamental and often criminal failure by the President to carry out his duties.
George Bush left the next administration with a clever Sophie’s Choice in that the only way to stop pissing all over the U.S. Constitution is to upset the mother of all apple carts. Necessary steps would include, at a minimum, releasing the prisoners whom we can’t prosecute because we tortured them and then prosecuting the torturers.
Obama doesn’t like upsetting apple carts.
That nail the problem with Obama’s approach on a lot of things. He doesn’t like upsetting apple carts. But sometimes doing the right thing is disruptive.