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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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To: Tucsonican

Carter’s 2nd term and we’ll be paying for it for decades, just like under Jimmy One.


81 posted on 03/13/2009 5:26:55 PM PDT by 1010RD (First Do No Harm)
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To: Williams
They’re just messing things up.

That's their job.

The Left would be unemployed if they did it Right.

82 posted on 03/13/2009 5:28:44 PM PDT by 1010RD (First Do No Harm)
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To: Tucsonican

Why don’t Holder and Obama just get it over with and release them already? That’s what it looks like they’re eventually going to do anyway - why not save the money and time and just do it now instead of yanking our chains like they are?

The sooner these idiots lets them out then the quicker the turn around till they’re shooting at our troops again - and this time what do you want to be they won’t be ARRESTED, but otherwise unable to leave the battlefield? That’s the ONLY possible good I can see come from this. If anyone had ANY doubts as to whose side these idiots in Washington are on, they should be gone by now...


83 posted on 03/13/2009 5:39:28 PM PDT by LibertyRocks ( http://LibertyRocks.wordpress.com ~ ANTI-OBAMA STUFF : http://cafepress.com/NO_ObamaBiden08)
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To: Mojave

Pretty sure he’s evaded/avoided paying taxes for many years, so he’s a shoo in!!!

/sarc


84 posted on 03/13/2009 5:54:12 PM PDT by pillut48 (CJ in TX --"God help us all, and God help America!!" --my new mantra for the next 4 years)
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To: All

UMROPERS

"Undocumented Misunderstood Religion of Peace-ers" God help us all!
85 posted on 03/13/2009 5:55:45 PM PDT by pillut48 (CJ in TX --"God help us all, and God help America!!" --my new mantra for the next 4 years)
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To: Tucsonican

Holder’s running the DOJ for the benefit of the people he vowed to lock up.


86 posted on 03/13/2009 6:11:25 PM PDT by dr_who
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To: Tucsonican

So no longer “enemy combatants,” the new definition that will be Politically Correct (in more ways than one) will now be “Friends of Obama!”


87 posted on 03/13/2009 6:17:47 PM PDT by CitizenM ("An excuse is worse than an lie, because an excuse is a lie hidden." Pope John Paul, II)
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To: TomasUSMC

“//////////////////////////UNF**KINGBELIEVEABLE! obambi is the greatest gaytaliban man. obambi is such a puppet that he can’t see they are dangling his skinny butt over the BBQ. AND moslems are the ones who will start the fire to cook him”

Dear lord let this happen NOW before this illegal president harms our country beyond repair,


88 posted on 03/13/2009 6:50:19 PM PDT by Brytani (Obama's Hope and Change - Hope for terrorists and Change left in our wallets)
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To: Tucsonican

The Supreme Court gave Obama cover for this dangerous act. Goodness only knows what is going to change with this vile idiot in charge.


89 posted on 03/13/2009 6:58:37 PM PDT by PghBaldy (Obama told NYT Medicare Drug & TARP not his fault- he VOTED FOR THEM!!!)
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To: Tucsonican

Holder’s law firm handled some of these terrorists cases in Gitmo. Holder also said there was no international definition of a terrorist when he wanted his clients case dismissed in court.

So now, he has permanently fixed anything else that might arise when he and Obama want them on our streets. They are probably the new state military police Michelle, Barack and Rahm want. They know weapons so no training needed.

Last paragraph all mine. No related links.


90 posted on 03/13/2009 7:07:16 PM PDT by OafOfOffice (We don't see victims. We don't see people we want to exploit. What we see is potential,Rush Limbaugh)
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To: swarthyguy
Ah, so, what are they now?

Obama's cousins!

91 posted on 03/13/2009 7:16:32 PM PDT by OafOfOffice (We don't see victims. We don't see people we want to exploit. What we see is potential,Rush Limbaugh)
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To: swarthyguy
Ah, so, what are they now?

Happy cuddly fun pals!

92 posted on 03/13/2009 7:39:11 PM PDT by tvdog12345
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To: Tucsonican

political/cultural correctness is the death of all great civilizations. we have learned nothing from our history.


93 posted on 03/13/2009 7:39:22 PM PDT by Ancient Drive (will)
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To: Tucsonican

Undocumented recalcitrants?


94 posted on 03/13/2009 8:23:28 PM PDT by Mad_Tom_Rackham (The inmates are now officially running the asylum.)
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To: Tucsonican

People who were warning that “The Dems will kill us all” were NOT exaggerating.

Their policies of appeasement, instead of war on terror WILL result in weakening our defenses seriously and eventually, or sooner,a major attacks on us by the terrorists.


95 posted on 03/13/2009 8:25:34 PM PDT by FocusNexus ("Good and evil are present in this world, and between the two there can be no compromise." GW Bush)
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To: snarks_when_bored
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.

Don't forget the money. We have to give them lots of money, so they might like us and we can feel better for making them angry.

96 posted on 03/13/2009 8:27:29 PM PDT by Mad_Tom_Rackham (The inmates are now officially running the asylum.)
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To: Tucsonican
Since when do Americans defer to international law for their own security?

Since we've become suicidally liberal (e.g. 2009).

97 posted on 03/13/2009 8:31:15 PM PDT by Mad_Tom_Rackham (The inmates are now officially running the asylum.)
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To: newnhdad
...the new term for them is KIA.

Since Gitmo has been deemed to harsh for housing our enemy, he might well start putting Marines there for shooting them.

98 posted on 03/13/2009 8:33:33 PM PDT by Mad_Tom_Rackham (The inmates are now officially running the asylum.)
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To: Timeout

To the naive liberal, it’s all about the language. if it sounds better, that’s what’s importanat. The fact that it’s useless or doesn’t work is irrelevent. They are, for the most part, a little insane.


99 posted on 03/13/2009 8:36:32 PM PDT by Mad_Tom_Rackham (The inmates are now officially running the asylum.)
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To: 2harddrive
Sounds like the Enemy has WON!

The enemy won on November 4th.

100 posted on 03/13/2009 8:39:20 PM PDT by Mad_Tom_Rackham (The inmates are now officially running the asylum.)
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