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OLC Memo: The President’s Power as Commander in Chief to Transfer Captured Terrorists to the Control and Custody of Foreign Nations

Mar. 13, 2002 | OLC | ACLU-RDI 4542

An OLC memo concluding that, “the President has plenary constitutional authority, as the commander in chief, to transfer such individuals who are held and captured outside the United States to the control of another country.”  The memo is criticized and partly repudiated in Steven Bradbury’s 1/15/09 memo regarding the status of certain OLC opinions.