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OLC Memo: Applicability of 18 U.S.C. § 4001(a) to Military Detention of United States Citizens

June 27, 2002 | OLC | ACLU-RDI 4545

An OLC memo concluding that the “the President’s authority to detain enemy combatants, including U.S. citizens, is based on his constitutional authority as Commander in Chief” and that the Non-Detention Act cannot interfere with that authority.  The memo is criticized and partly repudiated in Steven Bradbury’s 1/15/09 memo regarding the status of certain OLC opinions.