No more ‘enemy combatants’
The Obama administration plans to drop the term “enemy combatants” to describe detainees held at the Guantánamo Bay prison, but claimed the right to detain without charge suspects who provided “substan
In a symbolic break with the Bush era, the Obama administration has disclosed in a court filing that it would drop the term “enemy combatants” to describe detainees held at the Guantánamo Bay prison. At the same time, the administration asserted that it had the right to detain without charge suspects who provided “substantial” support to al Qaida or its allies—claiming that Congress gave it that power when it authorized the use of force after 9/11. President Bush had argued that the right to detain terrorists wasn’t Congress’ to give, but was inherent in the president’s powers.
Attorney General Eric Holder said the change in terminology was intended to make administration policy conform with international law. But some civil-liberties activists complained that the administration was essentially maintaining the same policy and merely changing the terminology.
Obama is, in fact, playing semantic games, said The Wall Street Journal in an editorial. The “new standard for detaining terrorists is identical to the old one,” only without the pesky “enemy combatants” label. It’s just the latest example of Obama as president adopting the very policies he attacked as a candidate. “Maybe the problem with President Bush’s policies was that they were President Bush’s policies.”
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The problem with Bush’s policies was that they were “dictatorial, illegal, and unconstitutional,” said Andrew Sullivan in TheAtlantic.com. The Obama administration has acknowledged that the president does not have “the inherent power to ignore the Constitution.” After an administration that condoned gulags, torture, and illegal wiretaps, “this is a huge difference.”
How I wish it were, said Glenn Greenwald in Salon.com. “It is becoming undeniably clear that—at least in the realm of civil liberties, executive power, and core constitutional rights”—Obama has embraced many of his predecessor’s bad practices. Until Obama renounces the notion that the executive branch has the right to detain people without filing criminal charges, the changes he is making to Bush’s policies can be dismissed as “cosmetic.”
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
The Week US terms and conditions
-
Leo XIV vs. Trump: what will first American Pope mean for US Catholics?
Today's Big Question New pope has frequently criticised the president, especially on immigration policy, but is more socially conservative than his predecessor
-
What's going on with the Beckhams?
In the Spotlight From wedding tantrums to birthday snubs, rumours of a family rift are becoming harder to hide
-
The JFK files: the truth at last?
In The Spotlight More than 64,000 previously classified documents relating the 1963 assassination of John F. Kennedy have been released by the Trump administration
-
'Seriously, not literally': how should the world take Donald Trump?
Today's big question White House rhetoric and reality look likely to become increasingly blurred
-
Will Trump's 'madman' strategy pay off?
Today's Big Question Incoming US president likes to seem unpredictable but, this time round, world leaders could be wise to his playbook
-
Democrats vs. Republicans: who are the billionaires backing?
The Explainer Younger tech titans join 'boys' club throwing money and support' behind President Trump, while older plutocrats quietly rebuke new administration
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy