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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This soooooo reminds me of when Madeline Albright ordered that the term “rogue states” should no longer be used. Countries like North Korea, Iraq, Iran, Libya, Cuba and Sudan would henceforth be called “states of concern”.
That was in the summer of 2000. And things have been so much better ever since!
“If you want to know how far we are past 9/11, here’s your answer: Our president’s name is Barack Obama.”
and, ummmmmm, ahhhhh...his ahhhhhhh, ummmmm middle name is....uhhhhh, um, how should I say this....um....unimportant in the uhhhh, larger ummmmmm picture.....globally speaking....
Maybe we can just give them speeding tickets and tell them to show up in court. Think they’ll show up.....huh,huh,huh?
The logical conclusion is that the new Administration doesn’t consider the Gitmo prisoners to be their enemies. Unlike, say, Rush Limbaugh, Rick Santelli and Joe the Plumber.
“Another gift to the Trial Lawyers.”
and no small gift...we will have to spend MILLIONS per case...years of billable hours...
“....IMHO the body count will double....”
As long as it’s theirs, no problem.
Exactly!
Liberals love to rename things to further their agenda. Its as though they think it changes it’s nature. A semiauto becomes an “assault weapon”. An enemy combatant becomes an “unfriendly resister”. It makes it easier for them to justify setting terrorists loose on American soil.
“...and no small gift...we will have to spend MILLIONS per case...years of billable hours...”
Precisely.
Key phrase: "consistent with our values"
The destruction of the United States of America as it has existed until 01/20/2009
Oops... This isn't arfcom... Never mind...
The List, ping
Sounds like the Enemy has WON! Will they have a Victory March down Pennsylvania Ave in DC next week?
With each passing day this is more and more clear.
THE AUDACITY OF TRUTH ABOUT BARACK HUSSEIN OBAMA
BARACK HUSSEIN OBAMA IN HIS OWN WORDS
NOW WE KNOW WHAT A COMMUNITY ORGANIZER DOES
OBAMA, THE STOCK MARKET, AND ENERGY
THE AUDACITY OF TRUTH ABOUT BARACK HUSSEIN OBAMA'S UPBRINGING
If you want to know how far we are past 9/11, here’s your answer: Our president’s name is Barack Obama Hussein.
Has Congress approved the underlying treaty, or is this unconstitutional?
Wow making his decisions by erring on the side of America’s enemies from day one.
Well Barry, You OWN any terror attack that befalls this nation, none of that inherited from Bush crap because you have already damaged most of the process that Bush put in place to keep this country safe.
You Will be complicit in the deaths of Americans killed by the next wave of attacks against America or our interests.
WASHINGTON—The Justice Department announced today that it will no longer refer to the German enemy as Nazis, instead preferring to call them National Socialists. “I think it will have a more pleasing effect on them and may bring them to the negotiation table soon,” a government spokesman said.
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