e.d. and will, what i'm about to say makes you happy but me very depressed. looking at the third term of president george w. bush. president obama announced that military commissions at guantanamo bay will be used prosecute alleged terrorists. it's business as usual. joining us is senior legal analyst jeff toobin. our legal maven here at cnn. jeff, maybe justify this? did he have any other options? >> you're being too tough on the president. he promised that guantanamo would be closed by the end of the obama administration. and that's true. unfortunately, it's the sasha obama administration that this is going to be -- look. this is a fiasco from the day one when he made thrash promise to close guantanamo.