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OLC Memo: Determination of Enemy Belligerency and Military Detention (re: Jose Padilla)

June 8, 2002 | OLC | ACLU-RDI 4544
TYPE: Legal Memo
AUTHOR: Jay S. Bybee
RECIPIENT: John D. Ashcroft
RELEASE DATE: Mar. 2, 2009
SOURCE: ACLU FOIA Request (Oct. 7, 2003)

An OLC memo concluding that “the military has the legal authority to detain [Jose Padilla] as a prisoner captured during an international armed conflict,” and that the Posse Comitatus Act poses no bar.

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