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No longer “enemy combatants,” terrorist supporters have new legal protections against being detained

by associate on March 13, 2009

Source: In Re: Guantanamo Bay Litigation, Respondents’ Memorandum Regarding the Government’s Detention Authority Relative to Detainees Held at Guantanamo Bay, U.S. District Court District of Columbia Misc. No. 08-442 (TFH), March 13, 2009.

Under new standards promulgated by the Obama administration, individuals who supported al Qaeda or the Taliban are detainable only if the support was “substantial” and the term “enemy combatant” is struck from the official lexicon in favor of “unlawful enemy belligerents.” House Intelligence Committee ranking member Pete Hoekstra says this means that, “If we knew that Mohammed Atta had planned to board a plane tomorrow and we had intelligence that he intended to fly it into the World Trade Center, we could not hold him unless he provided ‘substantial’ support to other terrorists,” In other words, “intention and intelligence become irrelevant.”

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