indefinite detention

Defense Department General Counsel Jeh Johnson moved the Obama administration into new territory from a civil liberties perspective. Asked by Sen. Mel Martinez (R-Fla.) the politically difficult but entirely fair question about whether terrorism detainees acquitted in courts could be released in the United States, Johnson said that “as a matter of legal authority,” the [...]

Here’s another point I should have made in my piece earlier today: Just because President Obama’s Justice Department has been asserting a remarkably broad, Bush-like view of his detention authority pursuant to the laws of war in the Guantanamo detainees’ habeas corpus cases, that doesn’t mean the president has to stick with that definition in [...]

Since my piece on the intensifying battle over “preventive detention” was published, Ken Gude from the Center for American Progress wrote to point out an important distinction that deserves more emphasis.
As I note in my story, Gude and Kate Martin, Director of the Center for National Security Studies, have both written in support of the [...]

A letter to the White House asks the president not to expand a controversial Bush-era policy.

So just who are those “civil liberties groups” that have encouraged the Obama administration to issue an executive order creating a system of prolonged preventive detention?
As Spencer wrote today, someone in the administration told ProPublica’s Dafna Linzner and The Washington Post’s Peter Finn that yes, civil liberties groups support the idea of an order that [...]

Serves me right for not reading my White House briefing transcript until this morning, but here’s Robert Gibbs yesterday talking about what looked on Friday to be a forthcoming executive order authorizing preventive detentions:
I think the President addressed the notion and the very tough issue that the administration is likely to face, and that is [...]

I’m still trying to figure out how the Obama administration could believe that civil liberties groups gave it cover to issue an executive order authorizing “prolonged detention” of suspected terrorists, as Dafna Linzer and Peter Finn reported on Friday. Ginny Sloan, president of the Constitution Project — which has made its feelings on detention known [...]

Huge news from Dafna Linzer and Peter Finn. The Obama administration fears that congressional prerogative is going to get in the way of closing Guantanamo Bay by January. So its answer is to cut Congress out of the decision-making and set up a system of “prolonged detention” for an estimated half of Guantanamo detainees it [...]

On Thursday, the Supreme Court will meet to decide, among other things, whether to take up the case of Kiyemba v. Obama, in which the U.S. Circuit Court of Appeals in Washington, D.C., ruled that federal courts do not have the power to order any Guantanamo detainees released into the United States.
As Lyle Denniston at [...]

Attorney General Eric Holder today faced a slew of questions from the Senate Judiciary Committee about just what sort of legal process the Obama administration plans to provide for detainees that the president deems “too dangerous” to release, yet who for whatever reason cannot be tried in a U.S. court or military commission. Asked by [...]