Posted by
Defend America on Thursday, March 11, 2010 9:02:53 AM
Holder Failed To Alert Senate To Old Brief
March 11, 2010 - 7:13 AM | by: Mike Levine
During his confirmation
more than a year ago, Attorney General Eric Holder failed to notify
lawmakers he had contributed to a legal brief dealing with the use of
federal courts in fighting terrorism, the Justice Department
acknowledged on Wednesday.
“The brief should have
been disclosed as part of the confirmation process,” Justice Department
spokesman Matt Miller said in a statement. “In preparing thousands of
pages for submission, it was unfortunately and inadvertently missed.”
Still, the “amicus
brief,” filed with the Supreme Court in 2004, resonates years later as
Holder finds himself defending the handling of some recent terrorism
cases, particularly the interrogation of alleged “Christmas Day bomber”
Umar F. Abdulmutallab.
The brief – filed by Holder, then a private attorney, former Attorney
General Janet Reno and two other Clinton-era officials – argued that
the President lacks authority to hold Jose Padilla, a U.S citizen
declared an “enemy combatant,” indefinitely without charge.
In making their case,
Holder and the others argued that using federal courts to fight
terrorism, which includes providing Miranda rights to terror suspects,
would not “impair” the government’s ability to obtain intelligence,
which they called “the primary tool for preventing terrorist attacks.”
“Many terrorists who have
been arrested and provided counsel have decided to cooperate and
provide valuable information to the government,” their brief said.
“Over the last decade, the investigative, detention, and prosecutive
authorities [of the federal court system] have been used in many cases
not only to identify, arrest, and punish persons who have committed
terrorist acts, but to disrupt and thwart terrorism before it can
occur.”
But the brief did
acknowledge a possible risk in such use of the federal court system – a
risk, the brief said, that is outweighed by the advantages.
http://liveshots.blogs.foxnews.com/2010/03/11/holder-failed-to-alert-senate-to-old-brief/