Reading Room Document

Applicability of 18 U.S.C. § 4001(a) to Military Detention of United States Citizens

This opinion examines whether the detention of United States citizens as enemy combatants by the U.S. Armed Forces violates 18 U.S.C. § 4001(a), which states that "no citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress." The opinion concludes that the president's authority to detain enemy combatants, including U.S. citizens, is based on his constitutional authority as commander in chief, and § 4001(a) cannot be read to interfere with that power. This opinion was partially rescinded in 2009. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at https://justice.gov/olc/docs/memodetentionuscitizens06272002.pdf.

June 27, 2002