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.
###
This “ruling” is Obama’s way of saying “I will free my oppressed and wrongfully imprisoned brothers!
The bastards.
Released Friday afternoon so as to be buried in the weekend news cycle.
Is there anyone who has any doubt about whose side these bastards are on..... and by THESE bastards, I do not mean the ones in Guantanamo!
Every night, President Bush prayed for the families of the men and women killed in the WOT. He prayed for their families... and their souls.
These Obama bastards just pissed on their graves.
“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
//////////////////////////
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.
Makes sense, kind of like taking officers and noncoms prisoner, letting enlisted ranks go free to fight again. Hopefully he's replacing "enemy combatant" with "illegal combatant", which is what they are. If they're not combatants in Holder's fairytale world, I haven't a clue how we hold them.
So lets get this straight.
Since we had enough stupid American Voters to get a Socialist elected as President, that means that people that plotted,planned and carried out war combat actions against American soldiers, civilians and interests are now no longer enemy combatants?
I begin to wonder if this Country deserves to survive !
No more prisoners.
According to an unnamed source close to the process, "We just don't see the need for any soldier to be armed with an assault weapon...especially in a theater where there are by virtue of law no "enemy combatants"." /s
Got you covered on that!!
The scariest part of this is the decision to use international standards in rendering determinations of “enemy” status. Since when do Americans defer to international law for their own security?
This is just a MONUMENTAL abdication of the responsibility to protect not only our national security but our soverignty as a nation!
I hope they (United Socialist States Entity of DC) treat the domestic prisoners of war from the Free States and Autonomous Zones within the former-USA as well as the Moslem Terrorists, but somehow I doubt they will.
So we now call enemy combatants detainees. Holder must feel so much better - you wussy.
“It provides that individuals who supported al Qaeda or the Taliban are detainable only if the support was substantial.”
“....only if the support was substantial.”
This from the same Leftist mindset that justifies such totalitarian compliance perspectives such as gun control with: “...if only it saves one life, it’s worth it....”
So who is going to determine the definition of “substantial”, and perhaps how much the individual detainee’s participation is/was “substantial”?
Another gift to the Trial Lawyers.
Future crowd control?
Asian youths.
That’s right.. the new term for them is KIA.
So does the soldier that initially detains an insubstantial individual face prosecution for unlawful detention? IMHO the body count will double....who wants to risk a court martial over Obama's pro muzzie ROE.
If you want to know how far we are past 9/11, here’s your answer: Our president’s name is Barack Obama.
We will be hit in the coming months or years and it won’t be Bush’s fault!
BLOAT!
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.