Eric Holder Criticized for Claim That "Some Risk" Comes With Civil Liberties Protections

AP

Bill Burck and Dana Perino have written a piece for National Review that unearths a 2004 amicus brief signed by Attorney General Eric Holder that states that civil liberties protections "might impede the investigation of a terrorist offense in some circumstances."

They contrast that claim with President Obama's words that American should reject "the false choice between our security and our ideals" and make a case that Holder is being disingenuous by claiming that trying alleged terrorists in civilian courts won't harm national security.

"It is conceivable that, in some hypothetical situation, despite the array of powers described above, the government might be unable to detain a dangerous terrorist or to interrogate him or her effectively," the 2004 brief states. "But this is an inherent consequence of the limitation of Executive power. No doubt many other steps could be taken that would increase our security, and could enable us to prevent terrorist attacks that might otherwise occur. But our Nation has always been prepared to accept some risk as the price of guaranteeing that the Executive does not have arbitrary power to imprison citizens."

The brief in question discusses, in reference to the Jose Padilla case, whether the president has the legal authority to hold without charges a U.S. citizen captured on American soil, in the manor of an enemy combatant. "It may be true that in some instances the government will not be able to obtain information from citizens who are informed of their right to counsel, or that obtaining that information may be delayed," it states.

"Back then," Burck and Perino write, [Holder] understood that Mirandizing terrorists, to choose one example, is not without risk to our national security."

In the latest salvo in the war of words concerning the Obama administration Justice Department, Republicans are poised to grill Holder on the brief, which a Senate Republican told ABC News was not disclosed before his confirmation hearings. (Here, via Ben Smith, is Holder's disclosure document, which doesn't mention the brief.)

[MRCJR440]

Gov. Brewer did a very brave action by putting in the new immigration law. Why can't the government see that. A little advise to homeland security,attorney general,civil liberties,etc..get your head out of your ***** and do something about this problem instead of just seating on their hands or filling there pockets with the peoples money! At least read the Arizona law, it's good for Americans! THANKS GOV.BREWER

[benficent_dicktator]

"If this were a dictatorship, it'd be a heck of a lot easier, just so long as I'm the dictator."

George W Bush

[wyodutch]

Come on now... Enough with the pretending that the Bill of Rights or Constitutional protections mean a hoot in hades to Americans anymore.
.
Tommy Franks was dead-on when he predicted that if there is another attack on America, the people will DEMAND martial law and an end to the Constitution in order to feel safer.
.
Bush used the Constitution as toilet paper... Holder and Obama are simply continuing that practice.

[TomColt]

Let's not lose sight of Jose Padilla in all this joyous partisan fratricide. The evidence shows he was planning a WMD attack on the USA. He's not a Muslim extremist. He's just an old fashioned, evil man whose attorney is probably relishing all this distracting jabber.

[StevenA5017d]

A man walked into a very high-tech bar. As he sat down on a stool he noticed that the bartender was a robot. The robot clicked to attention and asked, `Sir, what will you have?`

The man thought a moment then replied, `A martini please.`

The robot clicked a couple of times and mixed the best martini the man had ever had.

The robot then asked, `Sir, what is your IQ?`
The man answered `oh, about 164.`

The robot then proceeded to discuss the `theory of relativity`,`inter-steller space travel`, `the latest medical break throughs`, etc.......

The man was most impressed. He left the bar but thought he would try a different tact.
He returned and took a seat.

Again the robot clicked and asked what he would have? `A Martini please...`
Again it was superb.. The robot again asked `what is your IQ sir?`

This time the man answered, `Oh about 100`. So the robot started discussing Nascar racing, the latest basketball scores, and what to expect the Dodgers to do this
weekend.

The guy had to try it one more time. So he left, returned and took a stool.... Again a martini, and the question, `What is your IQ?`??

This time the man drawled out `Uh..... bout 50`.

The robot clicked then leaned close and very slowly asked,

`A-r-e y-o-u p-e-o-p-l-e s-t-i-l-l h-a-p-p-y w-i-t-h O-B-A-M-A ?

[StevenA5017d]

Holder is obviously the worst AG we've ever had.
Indecisive, sloppy, inconsistent, wishy-washy, inaccurate, ignorant of the law...the list goes on forever.

I'm starting to think Obama keeps him only beause Holder's so bad that he is able to distract some of the constant negative press away from him(Obama). Holder is like a sponge that is absorbing a lot of the blows intended for Barry O.

[wdh3007]

Holder is a sorry excuse for an Attorney General!

[WSUEEPS]

Basically, the Attorney General said that the rights of Americans can and do get in the way of terrorist investigations. If we didn't have those rights, the government could open all your mail, snoop through your house whenever they wanted, take your car and kids away, and do anything they want to do. The Attorney General stated what all the thinking people in America have known for a long time, the government can't always protect everyone. We value our free and open society. Our free and open society is inherently insecure and vulnerable. This argument isn't over terrorist's rights, its about what rights the rest of us want left intact. I don't know about anyone else, but I'm not willing to give up my rights for some sense of security that isn't even real.

[afmcalax]

What is the problem? Intelligent people have the ability to see the positive and negative in most situations. It does not mean they agree or disagree. Now with Republicans their brains start to hurt if they are actually made to create an intelligent thought. Their power comes from their ability to only follow tightly controlled talking points by their propaganda leaders. It is amazing how little intellectual, educated discourse comes from the party of mindless lemmings. I wish heir was the same diversity of thought within the Republicans as the Democrats ... the country would be better served.

[jimbom121]

I guess Mr. Burck & Ms. Petrino have once again forgotten that the Bush administration gave full Miranda rights to all suspected terrorists except 2 (and they got sued in one of those cases). They tried over 300 suspected terrorists in civil court.