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 stating that "the purpose of this memorandum is to confirm that certain propositions stated in several opinions issued by the Office of Legal Counsel in 2001-2003 respecting the allocation of authorities between the President ...
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 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.