Holder: Indefinite Detention Will Include Measures Of Due Process

Eric Holder asserted on Wednesday that terrorism suspects indefinitely detained by the United States would be granted opportunities for due process, both before and during their detention. But he declined to detail how and where such appeals could take place, telling members of Congress that such specifics had yet to be agreed upon by the administration.

At a hearing before the Senate Judiciary Committee, the Attorney General was pressed early and often on the Obama White House's approach to detainee policy. Senator Herb Kohl (D-Wisc.), in particular, asked why the president supported a system that would essentially transfer the Guantanamo structure (holding suspected terrorists without trial for an indefinite period of time) to another location.

Holder acknowledged that there could be a group of detainees who fell into that category. But, he added, "It will only happen pursuant to really pretty robust due process procedures."

"There is a third category," said Holder, "where [detainees] will be detained in a way that we think is consistent with due process both in the determination as to whether or not they should be detained and then with regard to periodic review as to whether or not that detention should occur..."

Holder subsequently pledged to "work with members of this committee and Congress," to find "the exact parameters of that due process."