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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: jlallen who wrote (741193)5/19/2006 10:49:09 AM
From: cirrus  Respond to of 769670
 
Yes. The courts will decide. But don't get your hopes up. As the Wall Street Journal reported:

In Hamdi, his logic was adopted in considerable part by the Supreme Court, upholding the right of the executive to hold enemy combatants for the duration of the conflict. And more recently, in Padilla, Judge Luttig upheld the Administration's ability to retain a U.S. citizen as an enemy combatant, but then rightly rebuked the Administration when it turned around and sought to try suspected terrorist Jose Padilla on lesser charges and dodge a Supreme Court review.>

In short, Judge Luttig showed judicial modesty in deferring to the Constitution's broad delegation of power to a President to defend the country. But he was also willing to call the executive when it lacked the courage of its Constitutional convictions and played political tricks. The country has been fortunate to have its major post-September 11 cases go through the Fourth Circuit.