In a little publicized, yet immensely important filing yesterday, the Obama administration has urged a federal judge not to use a general definition of “enemy combatant” when referring to those held at Guantanamo. This definition has provided a broad basis for holding prisoner, those who provided support to terrorist networks or organizations.
Instead, the current administration has asked U.S. District Judge John D. Bates – and, by implication all federal judges – not to address detention authority in such an “abstract” manner, asking rather that each case be judged on a “prudent and incremental” case-by-case basis.
Although the filing did not ask Judge Bates to place any cases currently under review on hold, the broader ramification is that this opens the door for some significant changes even as several detainee cases are currently working their way through the court.
This coincides with the on-going administration review of the “proper legal basis of detaining any petitioners” which is being conducted by the “Special Interagency Task Force” whose mission, according to the court filing, is to determine a “comprehensive review of the legal options available to the Federal Government with respect to the apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts or counterterrorism operations…”
This is a continuation of this administration’s assault against the War on Terror. By removing the “enemy combatant” designation from those held at Guantanamo, the administration is removing the very justification for detaining these terrorists and putting our soldiers and citizens at greater risk. This action will also pave the way for habeas corpus petitions to be filed by the lawyers for these terrorists and have their cases transferred to the Federal Court system instead of the military tribunals established by the Bush administration.
It is apparent, that the Obama administration is more concerned with reversing any vestige of the previous president than it is in protecting the nation and by giving these terrorists access to the Federal Court system, along with inferring upon them the legal rights of an American citizen without the corresponding obligation and responsibilities staggers the mind.

