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To: Lurker
I'm definitely not a constitutional lawyer, but I'd be surprised if a challenge to this EO based on a separation of powers argument would go anywhere. Unless there's a contradiction to the “Rules concerning Captures on Land and Water” made by Congress, I'd expect Holder's Justice Department to argue the EO is simply a means to carry out those rules.

That said, I have little doubt that the reviews are little more than a fig leaf to cover releasing more terrorist.

13 posted on 12/23/2010 11:51:27 AM PST by Red Dog #1
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To: Red Dog #1
and his assertion that the congressional authorization for military force, passed after the 2001 terrorist attacks, allows for such detention.

I'd like to see the Section of that authorization that allows the President to decree indefinete detention. I've got a buck that says it ain't in there.

14 posted on 12/23/2010 12:01:07 PM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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