U.S. shifts a Guantánamo policy
The Obama administration said Friday that it would abandon the Bush administration's term "enemy combatant" as it argues in court for the continued detention of prisoners at Guantánamo Bay, Cuba, in a move that seemed intended to symbolically separate the new administration from Bush detention policies.
But in a much-anticipated court filing, the Justice Department argued that the president has the authority to detain terror suspects there without criminal charges, much as the Bush administration had asserted. It provided a broad definition of those who can be held, which was not significantly different from the one used by the Bush administration. The filing signaled that, as long as Guantánamo remains open, the new administration will aggressively defend its ability to hold some detainees there.
The Obama administration said it was relying on existing principles of the international law of war. A public statement indicated that the government was moving away from claims of expansive executive power often used by the Bush administration to justify Guantánamo.
The new administration took pains to try to point out that it was taking a different approach. It said the new definition "does not rely on the president's authority as commander in chief" beyond the powers authorized by Congress. The filing, in U.S. District Court in Washington, was meant to provide a definition of those detainees who can be held. It disappointed critics of Guantánamo, who said the filing seemed to continue the policies they have criticized for more than seven years.
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But in a much-anticipated court filing, the Justice Department argued that the president has the authority to detain terror suspects there without criminal charges, much as the Bush administration had asserted. It provided a broad definition of those who can be held, which was not significantly different from the one used by the Bush administration. The filing signaled that, as long as Guantánamo remains open, the new administration will aggressively defend its ability to hold some detainees there.
The Obama administration said it was relying on existing principles of the international law of war. A public statement indicated that the government was moving away from claims of expansive executive power often used by the Bush administration to justify Guantánamo.
The new administration took pains to try to point out that it was taking a different approach. It said the new definition "does not rely on the president's authority as commander in chief" beyond the powers authorized by Congress. The filing, in U.S. District Court in Washington, was meant to provide a definition of those detainees who can be held. It disappointed critics of Guantánamo, who said the filing seemed to continue the policies they have criticized for more than seven years.