Anonymous Detentions Ruled Legal

Anonymous Detentions Ruled Legal

“Citizens have a compelling interest in ensuring that their government does not abuse one of its most awesome powers, the power to arrest and jail.”

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On June 17 a panel of the US Court of Appeals in Washington ruled 2 to 1 to allow the Justice Department to keep secret the names of hundreds of foreigners detained–sometimes for months–by federal authorities after the September 11 attacks. Last August a federal judge ruled in favor of a Freedom of Information lawsuit requesting the names, filed by the Center for National Security Studies, The Nation and other public interest groups. And in early June the Justice Department’s Inspector General released a highly critical report noting that the detentions had been plagued with “significant problems,” including possible abuse of the detainees. The appeals court majority, however, said that federal judges should defer to the Administration’s argument that revealing the detainees’ identities might compromise national security. In a blistering dissent, Judge David Tatel wrote, “Just as the government has a compelling interest in ensuring citizens’ safety, so do citizens have a compelling interest in ensuring that their government does not…abuse one of its most awesome powers, the power to arrest and jail.” The Center plans to pursue the case.

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Even before February 28, the reasons for Donald Trump’s imploding approval rating were abundantly clear: untrammeled corruption and personal enrichment to the tune of billions of dollars during an affordability crisis, a foreign policy guided only by his own derelict sense of morality, and the deployment of a murderous campaign of occupation, detention, and deportation on American streets. 

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As we’ve seen over and over, this administration uses lies, misdirection, and attempts to flood the zone to justify its abuses of power at home and abroad. Just as Trump, Marco Rubio, and Pete Hegseth offer erratic and contradictory rationales for the attacks on Iran, the administration is also spreading the lie that the upcoming midterm elections are under threat from noncitizens on voter rolls. When these lies go unchecked, they become the basis for further authoritarian encroachment and war. 

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