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.
###
By next week, we’ll probably hear from the Obama Justice Dept. that Rush Limbaugh is now an enemy combatant.
****************************************************
LOL* it would be even funnier if there wasn’t a chance of that happening.
LOL! Sad but true!
If they are not “enemy combatants” do they believe they are “friendly non-combatants”?
I think the Obama idiots have screwed themselves here. Bush claimed that his responsibility as commander-in-chief to protect America was virtually unrestricted, and could trump certain constitutional constraints. This he could hold even American citizens with no charges, no right to counsel, no rights to confront witnesses,....If Obama, the new leader of the Muslim world, were half clever, he would have embraced this concept of presidential power, and used it to nullify the Second Amendment and disarm America “for our own safety.”
Karl Rove coming up to discuss this with the Friends.
Karl Rove says this is a change of label not policy—this is a sign of the gratuitous slaps at the current administration and at their predecessors for reasons that are beyond me. What are they going to call them now—guests of the US Govt., not-so-friendly-people???
Obama continues to ‘negotiate with terrorists’ (if not give them Cabinet positions), and marginalize our military, our citizenry, and our National Security. The unintended consequences are clearly visible to all not drinking his Koolaid.
Methinks there's an oxymoron in there somewhere!
Clearly, flower children have escaped from their prisons, therapists, psychiatrists, drug rehab centers, law schools, etc, and are now planning payback in the halls of Kongress.
Next 'ruling' will be all drug charges are dismissed, and all drug convicts released from our prisons (to make room for Rush Limbaugh listeners everywhere?). So instead of 'shutting down' overlapping federal agencies, we've voted to shut down our prisons, open our borders, and give criminals free houses (with crammed down mortgages). There's an 'I told you so' in there somewhere, but who's listening!
Like your tag...”Ignorance allows liberalism to prosper”, and its corollary “Planned ignorance (NEA, Dept of Ed, Public Schools) allows liberals to vote for Obama (against their best interests of self survival...PC for Suicide).”
I know you meant to say: "If you want to know how far we are past 9/11, here’s your answer: Our president’s name is Barack Hussein Obama."
These Muslims at Gitmo would love to blow up the whitehouse. With BHO in it.
But, if they blow up thousands of American citizens first .. If my loved ones are hit in this country because he allows it ... there will be retribution. I know I am not the only one with this disposition. Ammo shelfs are being emptied across the nation since he was elected.
Your enemies list “Rush Limbaugh, Rick Santelli and Joe the Plumber”, was not all inclusive, of course. So let me add a few: “401Ks, IRAs, pensions, jobs, industries, capitalists, banks, thrifts, etc”. His new friends list: “Unions, communes, bread lines, taxes, dictators, muzzies, illegals, drugs, pushers, La Raza, rubes, lawyers, prison escapees, ACORN (almost forgot these anti-capitalists).....”
The Department of Justice is considering a name change, Department of Kangaroo Kourts, to more properly reflect its leadership. The Kangaroo Kongress is pleased.
Copywritten by 1010RD. Historically Correct in every way....perhaps even more descriptive than 'liberalism is a mental disease'!!! and we heard it here first! I predict bumper stickers.
political/multicultural correctness is the death of all great civilizations. we have learned nothing from our history. PC/MC will be the death of capitalism if Obama doesn't get the credit.
Nawww, now that liberals have upscaled Gitmo to Billion Dollar Resort status, he'll gift it to Castro on his announcement that the US is suspending the boycott on our friendly neighbor.
Note 'change'.
I wish you hadn’t said that...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.