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June 12, 2007
Orin Kerr on the Al Marri Case . . . Eric, Your Thoughts?
O
rin Kerr, of the Volokh Conspiracy, has posted extensively and eloquently on the 4th Circuit's Al Marri Case the past couple of days. In a word, if I understand him, he offers a sliding Due Process scale for dealing with suspected terrorists seized on American soil.
I'm hoping Eric will weigh in on the debate -- as Marty Lederman of Balkinization did in the comments section to Orin Kerr's first post.
Eric, does Orin's position support the en mass round up of American citizens and lawful resident aliens suspected of aiding the enemy? I'm assuming a loyalty oath isn't enough.
Posted by shertaugh at June 12, 2007 8:41 PM
Comments
It's astonishing how far decent and sensible people are willing to go just because the current junta has scared us senseless.
Just because there are some terrorists who wish to harm us, everyone can become an protected suspect. The terrorist obviously won a major victory with a very small army.
Posted by: shmuel at June 13, 2007 12:43 PM