Iran-contra redux?
Sanford Levinson
SLevinson at law.utexas.edu
Mon Dec 26 09:20:59 PST 2005
Some genuine questions (i.e., I have no idea what the "correct" answers
are): If the data mining suggests something suspicious about an alien
(however legal that alien may be), could that alien be subject to
deportation simply because the Administration declares that "we have
reason to believe that X is a security risk," without presentation and
testing of the evidence? If the data mining suggests something
suspicious about an alien, could the alien be arrested, on a (secret)
presidential declaration that he/she is an "enemy combatant" and
"disappeared" to a detention facility without notification of anyone
(because, after all, the information about detention could itself a
valuable tipoff to terrorists)? If the data mining suggest something
suspicious about a US citizen, could that citizen be detained and
disappeared on the basis of a (secret) presidential declaration that
he/she is an "enemy combatant"? No doubt this sounds paranoid, but the
Administration made some amazing argments earlier this year before a DC
court with regard to its powers to declare individuals "enemy
combatants" on the basis of contributionsn to organizations declared by
the US to be "terrorist" fronts.
I take it that any such possibilities would satisfy even Prof. Wilson's
criteria of "harm."
sandy
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.ucla.edu/cgi-bin/mailman/private/conlawprof/attachments/20051226/22fa610d/attachment.htm
More information about the Conlawprof
mailing list