This paragraph from Commentary says it all.
"How could this be, you ask? Well, it’s simple. Obama made the call. This is his vision of how we should respond to terrorism. He is the author of the “not Bush” anti-terror approach. He has empowered Eric Holder to wage war on the intelligence community and to put Justice Department lawyers, rather than intelligence officials, in the driver seat. If this seems to have been foolhardy and fraught with peril, it will take bipartisan action to reverse it. Oversight hearings, use of the power of the purse, and ultimately legislation to determine the jurisdiction of the federal course are all within the purview of Congress. As Democratic lawmakers have learned on domestic policy, following Obama’s lead is politically unwise. Perhaps it is time they showed some independence and exercised their own constitutional responsibilities to think through our approach and set a sensible policy for handling terrorists whom we capture. The White House sure isn’t doing so."