August 7, 2002

SEPARATION OF POWERS :

U.S. Defies Judge on Enemy Combatant...Justice Dept. Refuses To Provide Documents (Tom Jackman, August 7, 2002, The Washington Post)
The Justice Department yesterday defied a federal judge's order to provide him with documents that would have supported the government's classification of a man captured in Afghanistan and being held in a Navy brig in Norfolk as an "enemy combatant."

Government lawyers allowed a noon deadline to pass without handing the materials over, saying that the separation of powers clause of the Constitution gives the executive branch the authority to make that determination.

"An inspection of the requested materials would all but amount to a [new] review of the military's enemy combatant determination, and thus exceed the limited standard of review governing the Executive determination at issue," the Justice Department said in a legal memo.


It's hard to see how the Courts have any legitimate role in this determination for a guy captured on foreign soil in combat against us.
Posted by Orrin Judd at August 7, 2002 8:53 PM
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