The five-page letter [2] (PDF) that U.S. Attorney General Eric Holder issued this week defending the decision to treat the Christmas Day bomber suspect as a criminal suspect, rather than as a wartime captive, offered new insight into the Obama administration's view of the limits of preventive detention.
The letter suggests that the administration sees virtually no legal foundation for holding terrorism suspects arrested on U.S. soil in preventive detention and has very little interest in trying to create any.
He didn't confine his reasoning to the specifics of Umar Farouk Abdulmutallab's case, but instead offered an overarching view of the current state of the law.
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