NEOAVATARA

http://www.cnn.com/2009/POLITICS/03/13/enemy.combatant/index.html

The Obama Justice Department under Attorney General Eric Holder has removed the term ‘enemy combatant’ from its lexicon today, demonstrating a clear break from the Bush Administration.

Although there was historical precedents for using ‘enemy combatant’ status from World War II, the policy was criticized my many, especially overseas.  The Justice Department is developing the new standard based on Congressional statutes instead of Presidential signing statements.

The most contoversial part of the new standard will be the criteria necessary to hold foreign terrorists.  The government document says that individuals who support al Qaeda or the Taliban are detainable only if the support was “substantial.”  What that means is uncertain, especially since many of the combatants have been captured on the battlefield.

“The president has the authority to detain persons that the president determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, and persons who harbored those responsible for those attacks,” the document says.  “The president also has the authority to detain persons who were part of, or substantially supported Taliban or al-Qaida forces or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act, or has directly supported hostilities, in aid of such enemy armed forces.”

This may directly affect the almost 250 remaining prisoners at the Guantanamo Bay Prison facility.  The justice department has not stated how many of these detainees would or would not fall under the current definition.  Certainly the most highly prized prisoners, such as Kahlid Sheik Mohammed, would still be considered for detention.  However, would leave certain prisonsers, like Salim Ahmed Hamden, in a gray area.  Did Hamdan substantially support Al Qaida?  That is highly disputable, although he was certainly a foot soldier for the terrorist group.  Hamdan denies actually being a member of Al Qaida as well.  What proof would one need to verify their membership, a membership card?

My guess is that this will change nothing.  They are changing the words in the definition, but the force of law will likely stay the same.  Ultimately, the Obama administration believes that there are Constitutional ways to handle these terrorists, and firmly believe that Bush didn’t use the correct methods.  However, they are also smart and wise enough to know that many, if not most, of the detainees are dangerous, and cannot be let go.  Several top leaders of Al Qaida in Yemen, Iraq, and Afghanistan have been recognized as former Gitmo prisoners.  This includes men like Abdullah Ghulam Rasoul, now known as Mullah Abdullah Zakir, a nom de guerre that Pentagon and intelligence officials say is used by a Taliban leader who is in charge of operations against U.S. and Afghan forces in southern Afghanistan.  The last thing Obama needs is for a former prisoner to headline a major terrorist attack, because the blame will ultimately fall on the new White House occupant.