Posted on 03/13/2009 12:43:57 PM PDT by Tucsonican
Department of Justice Withdraws “Enemy Combatant” Definition for Guantanamo Detainees In a filing today with the federal District Court for the District of Columbia, the Department of Justice submitted a new standard for the government’s authority to hold detainees at the Guantanamo Bay Detention Facility. The definition does not rely on the President’s authority as Commander-in-Chief independent of Congress’s specific authorization. It draws on the international laws of war to inform the statutory authority conferred by Congress. It provides that individuals who supported al Qaeda or the Taliban are detainable only if the support was substantial. And it does not employ the phrase "enemy combatant."
The Department also submitted a declaration by Attorney General Eric Holder stating that, under executive orders issued by President Obama, the government is undertaking an interagency review of detention policy for individuals captured in armed conflicts or counterterrorism operations as well as a review of the status of each detainee held at Guantanamo. The outcome of those reviews may lead to further refinements of the government’s position as it develops a comprehensive policy.
"As we work towards developing a new policy to govern detainees, it is essential that we operate in a manner that strengthens our national security, is consistent with our values, and is governed by law," said Attorney General Holder. "The change we’ve made today meets each of those standards and will make our nation stronger."
In its filing today, the government bases its authority to hold detainees at Guantanamo on the Authorization for the Use of Military Force, which Congress passed in September 2001, and which authorized the use of force against nations, organizations, or persons the president determines planned, authorized, committed, or aided the September 11 attacks, or harbored such organizations or persons. The government’s new standard relies on the international laws of war to inform the scope of the president’s authority under this statute, and makes clear that the government does not claim authority to hold persons based on insignificant or insubstantial support of al Qaeda or the Taliban.
The brief was filed in habeas litigation brought by numerous detainees at Guantanamo who are challenging their detention under the Supreme Court’s decision last summer in Boumediene v. Bush. A copy of the brief is attached.
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Thanks for the link, that video is amazing.
Thanks for the ping!
This administration considers them ALLIES.
Wake up folks - this Administration IS the enemy within.
Wouldn’t it be more consistent with liberalism to refer to these folks as “so-called enemy combatants”.
Typical idiot lawyer response to REAL danger...play word games and think that will make us safer! We need SOLDIERS!! (By the way, I am a lawyer and have been a soldier).
The rats want to use Enemy Combatant for people like Rush, Bush, and Cheney.
Yes. They are now to be called “Undocumented Guest Democrats.”
To quote Country Joe McDonald “Whoopee! we’re all gonna die.”.
Obama and his ilk are fifth columnists for the Islamo-Fascists.
May they all rot in Hell together.
>>I wonder how long it will be before our troops are required to mirandize the guy that’s shooting at them.<<
You do not give Miranda to registered Democratic voters .. which is what they will be in about 6 months.
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