But see Marc Thiessen, at the Washington Post:
Obama administration officials are arguing that the Taliban release was inevitable, because the war in Afghanistan is ending. But the coming withdrawal of U.S. forces from Afghanistan does not end the state of war between the United States and the Taliban. There are only three ways that state of war can end: 1) we reach a peace accord with the Taliban; 2) the Taliban surrenders; or 3) the United States surrenders.
The first two are not happening anytime soon. Taliban supreme leader Mullah Omar declared the release of his five commanders a “great victory.” Enemy forces don’t tend to capitulate after a great victory. And a Taliban spokesman declared last week that the prisoner exchange “won’t help the peace process in any way, because we don’t believe in the peace process.”
So unless Obama capitulates, there is no reason under the laws of war why the president must release Taliban prisoners held at Guantanamo Bay, Cuba. These detainees have been approved by the Obama administration for indefinite detention. The president’s authority to hold Taliban detainees indefinitely is not extinguished when U.S. forces withdraw. The only thing that would require the United States to hand over Taliban prisoners would be if Obama issues a declaration that we have no further conflict with the Taliban. That would end his authority under the Authorization for Use of Military Force (AUMF) to continue holding Taliban prisoners...
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