What Holder Failed to Disclose to the Senate
Conn Carroll /
After President Barack Obama nominated Eric Holder to be Attorney General, the Senate Judiciary Committee sent Holder a questionnaire that required him to provide copies of any briefs he had filed with the Supreme Court. Holder told the Senate he had participated in a total of five such briefs and that none of them dealt with terrorism-related issues. But as National Review Online has now confirmed, that was false. Specifically, Holder signed his name to an amicus brief arguing that President Bush lacked the authority to indefinitely detain Jose Padilla as an enemy combatant. That brief asserts:
[We] recognize that these limitations might impede the investigation of a terrorist offense in some circumstances. 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. 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.