President George W. Bush
The White House
1600 Pennsylvania Ave., NW
Washington, DC 20500 

Re: Plan to Expand Indefinite Detention Without Charge of American Citizens as "Enemy Combatants"  

Dear President Bush: 

We write to you to express our alarm concerning a reported plan[1] to expand your Administration's policy of incarcerating American citizens in military facilities without charge, without access to counsel, and without meaningful judicial review. 

Reportedly, a secret review by the Secretary of Defense, Attorney General and Director of Central Intelligence will determine which American citizens can be imprisoned as "enemy combatants" in detention camps. The government's current legal position is that no court will be permitted to second-guess such determinations. 

As described, the procedure violates longstanding American values of fairness, due process, and the presumption of innocence. We explain our objections in further detail in the attached memorandum[2] We urge you to abandon this policy without delay. 

Sincerely, 

Anthony D. Romero
Executive Director 

Laura W. Murphy
Director, Washington National Office 

Timothy H. Edgar
ACLU Legislative Counsel 

Cc: 

Hon. Donald Rumsfeld, Secretary of Defense
Hon. John Ashcroft, Attorney General
Hon. George J. Tenet, Director of Central Intelligence
Hon. Colin Powell, Secretary of State
Hon. Condoleezza Rice, National Security Advisor
John B. Bellinger III, Senior Associate Counsel to the President and Legal Adviser
William H. Haynes II, General Counsel, Department of Defense 

[1]Jess Bravin, White House Seeks to Expand Indefinite Detentions in Military Brigs, Even for U.S. Citizens, Wall St. J., Aug. 8, 2002, at A4. 

[2]The Memorandum can be found at: 
/safefree/general/17029leg20020913.html