Enemy Combatant

• Sen. Carl Levin Holds a Hearing On Enemy Combatant Detainee Legal Issues

U.S. SENATE ARMED SERVICES COMMITTEE HOLDS A HEARING ON LEGAL ISSUES REGARDING INDIVIDUALS DETAINED BY THE DEPARTMENT OF DEFENSE AS UNLAWF...

• Political Transcript Wire
• August 18, 2009

• A presumption of guilt: the unlawful enemy combatant and the U.S. war on terror.

I. INTRODUCTION Since the advent of the so-called "Global War on Terror," the United States of America has responded to the crimes carried out on Am...

• Denver Journal of International Law and Policy
• Vol. 37 Nbr. 4, September 2009

• Obama Administration Abandons the Bush Term 'Enemy Combatant'

WASHINGTON -- The Obama administration said Friday that it is abandoning one of President George W. Bush's key phrases in the war on terrorism: enemy combatant The Justice Department said in legal filings that it will no longer use the term to justify holding prisoners at Guantanamo Bay.

• Deseret News (Salt Lake City)
• March 14, 2009

• Enemy Combatant

Captured fighter in a war who is not entitled to prisoner of war status because he or she does not meet the definition of a lawfu...

• West's Encyclopedia of American Law
• Dou–Fre

• Case Plods for Remaining Enemy Combatant

WASHINGTON - With the recent transfer of terrorism suspect Jose Padilla to a Miami prison to await trial, the sole remaining "enemy combatant" in the United States, Ali Saleh Kahlab al-Marri, still sits in the Charleston, S.C., naval brig, awaiting the outcome of a slow legal battle over how to dispense justice when an alleged terrorist is a legal alien. In the eyes of the government, al-Marri is an al-Qaida sleeper agent sent to the U.S. heartland to help the terrorist network's operatives get settled here for follow-up attacks after Sept. 11, 2001.

• Sunday Gazette-Mail
• February 13, 2006

• The forgotten constitutional law of treason and the enemy combatant problem.

This Article argues that the issue of enemy combatant detentions should be studied through the lens of the Treason Clause of article III. Specifically...

• University of Pennsylvania Law Review
• Vol. 154 Nbr. 4, April 2006

• U.S. Cuts 'Enemy Combatant' Term ; President's Power Reduced, Too

The Justice Department on Friday jettisoned the term "enemy combatant," ditched some of the George W. Bush administration's assertions of presidential power and raised the standard needed to hold detainees at the naval prison at Guantanamo Bay, Cuba. But some scholars and advocates say the moves are mainly symbolic breaks with the Bush administration and will have little actual impact.

• The Washington Times
• March 15, 2009

• Hard Talk Forum: Should the U.S. Government Close the Guantanamo Bay Detention Facility?

Under recent Supreme Court decisions, and the Military Commissions Act passed by Congress in 2006, detainees have a right to judicial review both of their classification as enemy combatants and of any criminal sentence passed against them. [...] despite their illegitimate methods of warfare, the Guantanamo detainees have received more due process rights than even soldiers of sovereign states merit under the Geneva Conventions. The detainee can be held only if the board concludes that he is an enemy combatant by a preponderance of the evidence, and this decision is subject to review by the United States Court of Appeals for the District of Columbia Circuit and the United States Supreme Court.

• Americas Quarterly
• Vol. 2 Nbr. 1, January 2008

• Al Qaeda 'Enemy Combatant' Detained in U.S. Pleads Guilty

The last "enemy combatant" held on U.S. soil pleaded guilty Thursday in federal court to acting as an al Qaeda sleeper agent. Ali al-Marri pleaded guilty to one count of conspiracy to provide material support to al Qaeda under an agreement with prosecutors that calls for a maximum prison sentence of 15 years. A sentencing hearing in U.S. District Court in Peoria, Ill., is scheduled for July 30.

• The Washington Times
• May 01, 2009

• U.S. Court Rules Against Enemy Combatant Policy: ; U.S. Cannot Lock Up Residents Indefinitely, Federal Judges Say

RICHMOND, Va. - A divided panel from a conservative federal appeals court delivered a harsh rebuke to the Bush administration's anti-terrorism strategy Monday, ruling that U.S. residents cannot be locked up indefinitely as "enemy combatants" without being charged. The three-judge panel of the 4th U.S. Circuit Court of Appeals ruled that the government should charge Ali al-Marri, a legal U.S. resident and the only suspected enemy combatant on American soil, or release him from military custody.

• Charleston Gazette
• June 12, 2007