“The administration’s unstated goal appears to be to get court to agree that [the administration] has the authority to use the military to detain U.S. citizens,” Bruce Afran, one of two attorneys handling the case, said when I spoke with him Sunday. “It appears to be asking the court to go against nearly 150 years of repeated decisions in which the court has refused to give the military such power. No court in U.S. history has ever recognized the right of the government to use the military to detain citizens. It would be very easy for the government to state in the brief that citizens and permanent residents are not within the scope of this law. But once again, it will not do this. It says the opposite. It argues that the activities of the plaintiffs do not fall within the scope of the law, but it clearly is reserving for itself the right to use the statute to detain U.S. citizens indefinitely.”
Posted on: Tue, 01 Apr 2014 01:45:09 +0000
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