Search Result (3)

RelevanceDateRelease Date
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.” ...

Mar. 02, 2009
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
June 08, 2002 | OLC | ACLU-RDI 4544

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.

Mar. 02, 2009
Legal Memo
Jay S. Bybee
John D. Ashcroft
John D. Ashcroft, Jay S. Bybee, William J. Haynes, II, Alberto R. Gonzales, Patrick Philbin, Robert J. Delahunty, Timothy E. Flanigan
Jose Padilla
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 ...

Mar. 02, 2009
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