Not if he asks immediately...if he shuts down Guantanamo, moves the prisoners there elsewhere, holds on to them until after the elections, and then asks, he might get it.
That would be a major risk for him politically. First of all, the legal implications of this trial are not isolated to Guantanamo Bay. The thrust of this case revolves around the "enemy combatant" status the DoD has been doling out as a reason to deny PoW rights and dodge the Geneva Convention. Simply moving them out of Gitmo won't rectify the problems the Court has found. Second, moving them and holding them until after elections would run him past the Detainee Treatment Act time table for reviewing and reporting "enemy combatants" putting his administration into further legal trouble than its been in thus far. At that point he would be directly violating a law passed by Congress that he pushed for. Finally, doing so would act contrary to the Court's decisions in Hamdi v. Rumsfeld and Rasul v. Rumsfeld which found that the sort of indefinate holding of detainees without fair trial was unconstitutional. I suppose a case could be made for a new time table being needed because of the Hamdan decision, but I doubt the Court would buy it.
What I think is more likely is that Bush will shut down Gitmo and release most of its prisoners back to their own countries for trial or release there. Of course, the real baddies will move into the federal court system and be tried there. On a side note, does anyone else find it interesting that Bush distinguishes between the real terrible guys locked up at Gitmo and the rest. I mean, if there's such an obvious difference who are these others we're holding and why? Oh yeah, the Court ruled on that too didn't it.