One of the biggest reasons why Gitmo is staying open is because the public rejected having suspects released into open society. Even though we've detained several people without evidence for several years now, the public seems to be convinced that all these people are guilty without a trial. It's kind of sad, really. So, it might be a failure of Obama's administration by keeping Gitmo open, but it's also a failure of the public to respect the principle of "innocent until proven guilty." Detainments shouldn't be indefinite. There should be a limit imposed on this practice, so that the prosecution has an incentive to actually hold a trial for a suspect. Otherwise, what need is there for a trial, if you can just keep someone imprisoned for an indefinite time?