Reaction Of Sen. Patrick Leahy (D-Vt.),
Ranking Member, Senate Judiciary Committee,
To The 2^nd Circuit Court Of Appeals Decision
In the Jose Padilla Case,
Concerning The Administration’s Actions
In Detaining A U.S. Citizen As An Enemy Combatant
Thursday, Dec. 18, 2003

“The Administration’s assertions of unilateral authority and its arrogant resistance to oversight and public accountability have needlessly and corrosively strained our constitutional principles.  The court’s decision underscores the bedrock constitutional principle that a president’s power is not absolute but is subject to the rule of law.  The court rightly concluded that the President overstepped his constitutional authority by holding an American citizen in a legal ‘Twilight Zone,’ and that Congress must be an active partner in our nation’s anti-terrorism efforts.  Our democracy suffers when government reaches beyond our constitutional boundaries and when the branches of government do not work together through dialogue and vigorous discourse.  We can deal with security threats without shredding the Constitution or giving blank checks to any branch of our government.”


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