President Barack Obama has quietly decided to bypass Congress and allow the indefinite detention of terrorist suspects without charges.
The move, which was controversial when the idea was first floated in The Washington Post in May, has sparked serious concern among civil liberties advocates. Such a decision allows the president to unilaterally hold "combatants" without habeas corpus -- a legal term literally meaning "you shall have the body" -- which forces prosecutors to charge a suspect with a crime to justify the suspect's detention.
Rather than seek approval from Congress to hold some 50 Guantanamo detainees indefinitely, the administration has decided that it has the authority to hold the prisoners under broad-ranging legislation passed in the wake of Sept. 11, 2001. Former President George W. Bush frequently invoked this legislation as the justification for controversial legal actions -- including the NSA's warrantless wiretapping program.
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