I'm not entirely sure what you mean by this - but, I'll point out that the previous administration didn't "kick the can down the road" with respect to al-Nashin. They captured him in 2002, and for 6 years he was a valuable intelligence asset, that is after they water-boarded him. Before that, he wasn't very helpful at all.
In November or December of 2008, the Bush administration moved forward with al-Nashin's military commission - remember, this was primarily delayed due to all the legal challenges to the commissions which necessitated Congressional action. Two months later, in early Feb - just a week or two into Obama's REGIME - the government withdrew all charges.
This is the SECOND time Obama has stopped prosecution using the military commission for al-Nashin.