Monday, January 04, 2010
Trying to explain Constitutional law to Pepe
.. is like trying to explain the Coanda effect to Herr Rot: The courts have no more right to tell the president to release an enemy combatant than a president has to tell a judge how to rule on the validity of a contract.
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I guess the courts will reelect Obama when all his base stays home.
The government, for example, has attempted to limit disclosure to the relevant evidence on which it is relying to show the detainee is a combatant, plus any actually exculpatory evidence (i.e., evidence that truly suggests he is not a combatant). The courts have said that’s not good enough, attempting to force disclosure of any classified information that may be helpful to the defense (e.g., by identifying potential witnesses), even if that information is not exculpatory. That means enemy combatants in wartime get better discovery rights than Americans citizens accused of crimes.
Shocka!
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