A federal judge yesterday questioned the Bush administration's broad
definition of its powers to indefinitely imprison alleged Taliban and
al Qaeda fighters at the military prison in Guantanamo Bay, Cuba,
especially those who have never taken up arms against the United
States. U.S. District Judge Joyce Hens Green's questions came as the
Defense Department argued during a hearing that it has properly
imprisoned 550 people as "enemy combatants" at Guantanamo Bay, based on
at least some evidence that they were Taliban or al Qaeda members or
assisted or supported terrorist groups. Government lawyers, who are
asking Green to dismiss the claims of 54 Guantanamo detainees who have
challenged their imprisonment, said yesterday that a federal court
should not micromanage the president's war on terrorism. "The military
has an interest in holding people who pose a risk," Brian Boyle,
principal deputy associate attorney general, said of the Pentagon's
decision to hold some people for nearly three years. "We're not
detaining these people just because there's some enjoyment in it." But
Green, who is overseeing the detainee cases that followed a landmark
Supreme Court ruling in June, pressed the government to acknowledge
that the broad definition of "enemy combatant" could ensnare scores of
seemingly benign people in military prison cells indefinitely. "If a
little old lady in Switzerland writes checks to what she thinks is a
charitable organization for Afghanistan orphans, but it's really
supporting . . . al Qaeda, is she an enemy combatant?" the judge asked.
Boyle said the woman could be, but it would depend on her intentions.
"It would be up to the military to decide as to what to believe," he
said. [more]
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