Court Says No Habeas to Enemy Combatants

The United States District Court for the District of Columbia has ruled that the government can hold enemy combatants indefinitely without bringing charges.  The opinion by District Judge John Bates is here.

From the opinion:

After careful consideration, the Court is satisfied that the government's detention authority is generally consistent with the authority conferred upon the President by the AUMF and the core law of war principles that govern non-international armed conflicts. In those instances where the government's framework has exceeded that which is permitted by the law of war -- specifically with respect to the concept of "support" -- the Court rejects such bases for detention. Therefore, the Court concludes that under the AUMF 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 President also has the authority to detain persons who are or were part of Taliban or al Qaeda forces or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed (i.e., directly participated in) a belligerent act in aid of such enemy armed forces.

[MG]