Krauss Comments on 4th Circuit Ruling Denying President the Authority to Hold Al Qaeda Operatives Caught in America
A decision by the U.S. 4th Circuit Court of Appeals that the president lacks the authority to indefinitely hold without charges Al Qaeda operatives who are caught within the United States grants legal immigrants "the right to due process of American civilian courts even if you wage war against the USA from inside the borders," maintains Professor Michael Krauss. The decision has the effect of cutting into the president's power to wage war, Krauss fears.
Krauss's comments were carried in a New York Sun article examining the Court's 2-1 ruling, which rejected President Bush's belief in the expansive powers of his office and made a distinction between the rights of terror suspects arrested abroad versus those arrested within the U.S.
Court Rules Bush Lacks Power to Detain Suspects Indefinitely, New York Sun, June 12, 2007. By Joseph Goldstein.