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Department of Justice Withdraws “Enemy Combatant” Definition for Guantanamo Detainees
USDOJ ^ | 12/13/09 | US Department of Justice

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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TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events; Politics/Elections; War on Terror
KEYWORDS: activistcourts; another911; bho44; bhodoj; bhogwot; boumediene; deptofinjustice; detainees; doj; ericholder; first100days; gitmo; guantanamo; gwot; holder; hopeychangey; impeachobama; judicialtyranny; obama; obamamuslim; shadowgovernment; terrorism; tm; traitor; treason; wot
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So that's it?

These guys that we let go and then find leading Taliban units or organizing suicide bombings are no longer "enemy combatants"? What other evidence we have to give these guys that these are DANGEROUS PEOPLE!!!

I wonder how long it will be before our troops are required to mirandize the guy that's shooting at them.

1 posted on 03/13/2009 12:43:58 PM PDT by Tucsonican
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To: Tucsonican

How long before John Taliban Walker is freed from prison.

Especially now that his attorney is working under Holder.


2 posted on 03/13/2009 12:45:42 PM PDT by Carley (President Obama ~ Leaving No Tax Cheat Behind)
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To: Tucsonican

The Bush administration had perfectly sound policies in most areas. The left’s political need to trash all things Bush is pseudo progress of the worst kind. They’re just messing things up.


3 posted on 03/13/2009 12:46:33 PM PDT by Williams (It's The Policies, Stupid.)
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To: Tucsonican

if they’re on the battlefield, and they are firing weapons at you, they are guilty - why is that so hard for liberals to figure out ? oh yeah, they’ve never served, silly me.


4 posted on 03/13/2009 12:47:42 PM PDT by blueplum
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To: Tucsonican

I believe the new term of art, already in use in press reports on riots in Europe, is ‘youths.’


5 posted on 03/13/2009 12:47:50 PM PDT by newheart (Obama. We kind of underestimated the creepiness.)
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To: Tucsonican

“Department of Justice Withdraws “Enemy Combatant” Definition for Guantanamo Detainees”

The new designation is “mischievious yoots”.


6 posted on 03/13/2009 12:47:53 PM PDT by Hacklehead (Liberalism is the art of taking what works, breaking it, and then blaming conservatives.)
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To: Tucsonican

The Department of Injustice strikes again.


7 posted on 03/13/2009 12:48:24 PM PDT by YHAOS
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To: Hacklehead

Maybe, “Future Democrat Voters”?


8 posted on 03/13/2009 12:48:43 PM PDT by rightwingintelligentsia (Where do I sign up for jewelry stamps?)
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To: Tucsonican
What other evidence we have to give these guys that these are DANGEROUS PEOPLE!!!

I have news for you, FRiend: the most dangerous people in America are presently running our government.

Lock and load, and I mean that most literally.

9 posted on 03/13/2009 12:48:44 PM PDT by andy58-in-nh (You have enemies? Good. That means you've stood up for something, sometime in your life.)
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To: Carley

“How long before John Taliban Walker is freed from prison.
Especially now that his attorney is working under Holder.”

“Tony West is the Presidents nominee to head the Justice Departments Civil Division. If you want to know how far we are past 9/11, theres your answer: John Walker Lindhs defense attorney is going to work for Justice. Full Article at The Jawa Report;

http://mypetjawa.mu.nu/archives/196783.php


10 posted on 03/13/2009 12:48:54 PM PDT by jessduntno (Obama signing legislation; http://www.youtube.com/watch?v=sm1Jyusyoqk)
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To: Tucsonican

Ah, so, what are they now?

Religous dialecticals with anger management issues.


11 posted on 03/13/2009 12:49:25 PM PDT by swarthyguy ("We may be crazy in Pakistan, but not completely out of our minds," ISI Gen. Ahmed Shujaa Pasha)
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To: Williams

I have to say this wording seems to amount to a distinction without a difference. But the Left will be okay with it because it is coming from the Obama administration.


12 posted on 03/13/2009 12:49:42 PM PDT by postoak
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To: Tucsonican

The detainees in Gitmo appear to be alligned with the political goals of the post-Vietnam Democrat Party.


13 posted on 03/13/2009 12:50:11 PM PDT by a fool in paradise ("I certainly hope he (Bush) doesnÂ’t succeed" - Democratic strategist James Carville 9-11-2001)
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To: Tucsonican

They are now called “Friends of Islamic Freedom”


14 posted on 03/13/2009 12:50:24 PM PDT by Rennes Templar
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To: Tucsonican

By next week, we’ll probably hear from the Obama Justice Dept. that Rush Limbaugh is now an enemy combatant.


15 posted on 03/13/2009 12:50:38 PM PDT by NYC GOP Chick
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To: Tucsonican
Department of Justice Withdraws “Enemy Combatant” Definition for Guantanamo Detainees

It's simple, really. Radical muslims are really just confused. They only think they want to blow us up. We need to understand them, feel their pain, apologize to them for offending their sensibilities. We can change their minds and hearts if we just try harder.

16 posted on 03/13/2009 12:51:35 PM PDT by snarks_when_bored
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To: blueplum

So the new PC definition of these guys are “people from no specific country of origin who were non-discriminatory detained during an armed conflict between 2 or more persons”.


17 posted on 03/13/2009 12:51:38 PM PDT by cups
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To: Tucsonican

provides that individuals who supported al Qaeda or the Taliban are detainable only if the support was substantial.
////////////////
Well that means since our new gay President has, in just a few weeks, substantially supported Al Qaeda..... obambi should be detained.

So go get him FBI !!!


18 posted on 03/13/2009 12:51:52 PM PDT by TomasUSMC ( FIGHT LIKE WW2, FINISH LIKE WW2. FIGHT LIKE NAM, FINISH LIKE NAM)
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To: Tucsonican

I like the phrase: “Take no prisoners.”

Just shoot ‘em in the war zone.


19 posted on 03/13/2009 12:51:52 PM PDT by CheneyChick
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To: Tucsonican

However, all Border Patrol agents and country sheriffs will be fully prosecuted for doing their jobs of enforcing the law.


20 posted on 03/13/2009 12:52:33 PM PDT by TommyDale (I) (Never forget the Republicans who voted for illegal immigrant amnesty in 2007!)
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