Bush law chief seeks conflict declaration on Qaeda

By Randall Mikkelsen

WASHINGTON (Reuters) - Congress should explicitly declare a state of armed conflict with al Qaeda to make clear the United States can detain suspected members as long as the war on terrorism lasts, U.S. Attorney General Michael Mukasey said on Monday.

Mukasey urged Congress to make the declaration in a package of legislative proposals to establish a legal process for terrorism suspects held at Guantanamo, in response to a Supreme Court ruling last month that detainees had a constitutional right to challenge their detention.

"Any legislation should acknowledge again and explicitly that this nation remains engaged in an armed conflict with al Qaeda, the Taliban and associated organizations, who have already proclaimed themselves at war with us," Mukasey said in a speech to the American Enterprise Institute.

"Congress should reaffirm that for the duration of the conflict the United States may detain as enemy combatants those who have engaged in hostilities or purposefully supported al Qaeda, the Taliban and associated organizations," he said.

Mukasey was not asking for a formal declaration of war, which would trigger certain emergency powers under the Constitution and international law, a Justice Department spokesman said. U.S. President George W. Bush has on numerous occasions said the United States was "at war" against terrorists and cited that as a basis for his powers.

New legislation should also prohibit courts from ordering a detainee to be released within the United States. It should protect secrets in court hearings, ensure that soldiers are not taken from the battlefield to testify and prevent challenges from delaying detainee trials, he said.

Democrats in control of Congress and civil rights groups reacted coolly, saying Mukasey's proposals would avert legal oversight and stack the deck in favor of the administration.

"Essentially it means that if a president declares someone to be a terrorist, they would then have the authority to hold that person without trial forever," said Chris Anders, senior legislative counsel of the American Civil Liberties Union.