Detainees Are Not 'Enemy Combatants' Says U.S. Attorney General

In Re: Guantanamo Bay Detainee Litigation

March 13, 2009

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  • U.S. Attorney General Eric Holder, Jr.
  • Criminal Defense Lawyers

  • Related Links:
  • Legal Brief Explaining New Policy
  • Terror-Related Cases
  • MIlitary Tribunal Charges Used
        to Convict bin Laden's Driver
  • Former Pres. Bush's Military Detention Order

  • In a declaration filed in court by U.S. Attorney General Eric Holder today in federal court, 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.

    Also, it does not employ the phrase “enemy combatant.”

    You can read the Justice Department's legal brief explaining the Justice Department's view on the legal authority for detaining terror suspects here, and Attorney General Holder's declaration below:

    Source:  U.S. Department of Justice


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