Constitutional Law

'Enemy Combatants' No More?

In a brief filed Monday with the U.S. District Court for D.C., the Obama administration argued that “the Court should not address the [definition of ‘enemy combatant’] in the abstract … before reaching the merits of a particular case.” In other words, the administration requested adjudication of Guantanamo habeas cases on the merits without application of a general “enemy combatant” rule, SCOTUSblog’s Lyle Denniston wrote.

While the Department of Justice brief only pertains to three habeas petitioners, the implications could be far reaching. The request was premised, in part, on an ongoing review of detention policy relating to Guantanamo detainees. That task force determination will likely result in the transfer, release or criminal prosecution of several detainees. Raising this issue in the brief suggests that, if courts can wait until completion of the Executive detention policy review on or before July 21, 2009, many of the petitions may be rendered moot. 

This filing leaves several questions unanswered. First, it is unknown what impact the argument will have in the case it was filed in, let alone as to the dozens of other Guantanamo habeas petitions. Also, the filing is pertinent only to Guantanamo detainees. The administration’s views on the status of detainees at Bagram airbase near Kabul, Afghanistan are expected before the same judge later this month.

Full post as published by ACS Blog on February 10, 2009 (boomark / email).