Part of President Barack Obama's strategy in closing the Guantanamo Bay military prison in Cuba and moving its remaining 149 detainees to U.S. prisons could be to get them released, former Pentagon spokesman J.D. Gordon tells Fox News.
Obama, as a former constitutional law professor, knows that if the terrorist suspects are brought to the United States, judges can release them because there's not enough evidence against them, Gordon said Thursday on Fox News Channel's
"Your World with Neil Cavuto."
"We didn't have battlefield detectives running after these guys," Gordon said. "We have a lot of activist judges that are long on ideology and short on concern for national security."
A senior administration official told
The Wall Street Journal earlier this month that Obama views the closing of Guantanamo as part of his presidential legacy.
Supporters of Obama's plan argue that the detainees would be housed in super-maximum security prisons, and no one has ever escaped from one.
"But what if a judge lets them out?" Gordon said. "They don't need to escape."