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.” ...
Legal Memo
Jay S. Bybee
William J. Haynes, II
Jay S. Bybee, William J. Haynes, II, Alberto R. Gonzales, John C. Yoo, Robert J. Delahunty, Patrick Philbin
An OLC memo concluding that Congress cannot interfere with the President's exercise of his authority as Commander in Chief to control the conduct of operations during war, including his authority to promulgate rules to regulate military ...
Legal Memo
Patrick Philbin
Daniel J. Bryant
Patrick Philbin, Daniel J. Bryant, John C. Yoo
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.
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 ...
Legal Memo
John C. Yoo
Daniel J. Bryant
John C. Yoo, Daniel J. Bryant, Timothy E. Flanigan, William J. Haynes, II, Jay S. Bybee, Jennifer K. Elsea, Patrick Philbin, Abner J. Mikva
Jose Padilla
An OLC memo concluding that the CIA’s proposed interrogation plan for Abu Zubaydah — which contemplates methods including “insects placed in a confinement box” and “the waterboard” — does not violate ...