"I am not aware of any evidence so far that the Boston suspect is part of any organized group, let alone al Qaeda, the Taliban, or one of their affiliates -- the only organizations whose members are subject to detention under the Authorization for Use of Military Force, as it has been consistently interpreted by all three branches of our government, " he said.

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In the Hamdi case, the Supreme Court considered the relationship between the current Authorization for Use of Military Force and the Non-Detention Act, which prohibits the detention of a U.S. citizen, except where authorized by an Act of Congress.

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