Aren’t the prisoners at Gitmo military prisoners and not subject to the legal system and pardon?
Only a military officer can make the release.
Or the Secretary of the Navy...the Secretary of Defense...or,well you know.Also,there's a Federal appeals court that deals exclusively with the military (can't recall its name)...I'll bet *they* have the authority as well.
Obama to Release One Third of Gitmo Inmates
http://www.breitbart.com/Big-Peace/2012/09/22/Obama-to-Release-One-Third-of-Gitmo-Inmates