"The President...shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."
Article II, Section 2, Clause 1
They are detainees of the USA. He has full power to bestow each and every one of them a full unequivocal presidential pardon for all crimes accused and committed against the US. No if's, and's, or but's.
Pardon isn't on the table, his plan was to move them to a mainland US prison. I don't think he's ever said anything other than the people there are dangerous. Which, based on the way they were captured and held for over a decade without charges or rights, is kinda disgusting in itself that he supports that.
Side note: Presidential pardons are the ultimate answer to any argument for "torture the terrorist to stop the nuclear bomb" scare-stories.
If you aren't willing to gamble that you'll need/get a Presidential pardon, then you clearly don't know enough to justify what you're about to do to the suspect.
"The President...shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."
Article II, Section 2, Clause 1
They are detainees of the USA. He has full power to bestow each and every one of them a full unequivocal presidential pardon for all crimes accused and committed against the US. No if's, and's, or but's.