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This Jan. 22, 2002 memo from Jay Bybee (OLC) to Alberto R. Gonzales (Counsel to Pres. George W. Bush) and William H. Haynes II (General Counsel of the DOD) responds to a request for advice on the effect of the War Crimes Act and the Geneva ...
Aug. 31, 2016
Legal Memo
Jay S. Bybee
Alberto Gonzalez | William J. Haynes, II
Alberto Gonzalez, William J. Haynes, II, Jay S. Bybee, George W. Bush

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.” ...

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.