Lawyers and court-watchers have been eagerly waiting to see how the Obama Department of Justice will define an enemy combatant -- and wondering whether the
“„The President has the authority to detain persons that the President determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, and persons who harbored those responsible for those attacks.
“„The President also has the authority to detain persons who were part of, or substantially supported, Taliban or al-Qaida forces or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act, or has directly supported hostilities, in aid of such enemy armed forces.
“„While it is positive that the new administration has re-considered and narrowed the definition of an “enemy combatant,” the new definition is way too broad and, in critical respects, reflects a continuation of the prior administration’s wrongheaded and illegal detention policy. In particular, it continues to treat terror suspects as a military, rather than criminal justice matter, and to claim the authority to seize and detain individuals captured beyond the battlefield indefinitely and without charges.
“„While the new government has abandoned the term “Enemy Combatant,” it appears on first reading that whatever they call those they claim the right to detain, they have adopted almost the same standard the Bush administration used to detain people without charge – with one change, the addition of the word “substantially” before the word “supported.” This is really a case of old wine in new bottles.