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Obama will bypass Congress to detain suspects indefinitely
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.

Obama's decision was buried on page A 23 of The New York Times' New York edition on Thursday. It didn't appear on that page in the national edition. (Meanwhile, the front page was graced with the story, "Richest Russian's Newest Toy: An N.B.A. Team.")

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.

"The administration will continue to hold the detainees without bringing them to trial based on the power it says it has under the Congressional resolution passed after the attacks of Sept. 11, 2001, authorizing the president to use force against forces of Al Qaeda and the Taliban," the Times' Peter Baker writes. "In concluding that it does not need specific permission from Congress to hold detainees without charges, the Obama administration is adopting one of the arguments advanced by the Bush administration in years of debates about detention policies."...