Much is being made of the story that the Obama Administration will no longer use the term “enemy combatants” to describe terror suspects it wishes to hold indefinitely, but a closer reading reveals that Obama still reserves the right to hold terror suspects indefinitely:
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 terrorism 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 president has the authority to detain persons” who planned or aided the 2001 terrorist attacks as well as those “who were part of, or substantially supported, Taliban or Al Qaeda forces,” administration lawyers wrote.
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 Federal District Court in Washington, was meant to provide a definition of those detainees who can be held and bitterly disappointed critics of Guantánamo, who said it seemed to continue the policies they have criticized for more than seven years.
On the surface, there seems to be little difference between the policy that the Administration announced today, and the policy that has been in place for the past seven years, other than the fact that the terror suspects being held will no be called “enemy combatants.”
In reality, though, there’s no real substantive change in policy here, which is bound to disappoint the civil libertarians among Obama’s supporters.
Once again, change we can believe in, or more of the same ?
