{"id":3124,"date":"2002-08-07T09:50:59","date_gmt":"2002-08-07T14:50:59","guid":{"rendered":"http:\/\/hill-kleerup.org\/blog\/wp\/?p=3124"},"modified":"2002-08-07T09:50:59","modified_gmt":"2002-08-07T14:50:59","slug":"push_meet_shove","status":"publish","type":"post","link":"https:\/\/hill-kleerup.org\/blog\/2002\/08\/07\/push_meet_shove.html","title":{"rendered":"Push, meet shove"},"content":{"rendered":"

The Justice Dept. and the Federal Courts are locked in a battle over who can tell whom where to go<\/a>.<\/p>\n

In this case, a judge has asked the DoJ to turn over papers supporting it and the Defense Dept.’s assertion that one of the American citizens captured in Afghanistan ought really be considered an “enemy combatant.” The DoJ has basically defied the request, saying that determination is the prerogative of the Executive Branch and the military.<\/p>\n

Important issues ride on this, and, yet, I am sort of heartened by the brouhaha. This is exactly the ongoing checks-and-balances sort of debate that we should be having. When all the branches of government work in harmony, never questioning what the others are doing, it’s the most dangerous time. When all the branches come to a screeching halt squabbling over everything, that’s the second most dangerous. When they simply bump heads over reasonable areas of overlap and public policy, that’s when the system is safest.<\/p>\n

So if the Military and the Administration were able to simply label anyone they want as an enemy combatant and deny them any due process or Constitutional protections, and the Judiciary went along with that, it would be a dangerous thing.<\/p>\n

On the other hand, if we had judges second-guessing every action taken by the military, we’d have paralysis.<\/p>\n

That we have this sort of conflict means, to me, that the system works.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Justice Dept. and the Federal Courts are locked in a battle over who can tell whom where to go. In this case, a judge has asked the DoJ to…<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_seopress_robots_follow":"","_seopress_robots_imageindex":"","_seopress_robots_snippet":"","_seopress_robots_primary_cat":"","_seopress_robots_breadcrumbs":"","_seopress_robots_freeze_modified_date":"","_seopress_robots_custom_modified_date":"","_seopress_robots_canonical":"","_seopress_social_fb_title":"","_seopress_social_fb_desc":"","_seopress_social_fb_img":"","_seopress_social_fb_img_attachment_id":0,"_seopress_social_fb_img_width":0,"_seopress_social_fb_img_height":0,"_seopress_social_twitter_title":"","_seopress_social_twitter_desc":"","_seopress_social_twitter_img":"","_seopress_social_twitter_img_attachment_id":0,"_seopress_social_twitter_img_width":0,"_seopress_social_twitter_img_height":0,"_seopress_redirections_value":"","_seopress_redirections_enabled":"","_seopress_redirections_enabled_regex":"","_seopress_redirections_logged_status":"","_seopress_redirections_param":"","_seopress_redirections_type":0,"_seopress_analysis_target_kw":"","_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[9],"tags":[],"class_list":["post-3124","post","type-post","status-publish","format-standard","hentry","category-politics-law"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":133962,"url":"https:\/\/hill-kleerup.org\/blog\/2017\/07\/26\/the-trump-justice-dept-argues-the-civil-rights-act-doesnt-cover-homosexuals.html","url_meta":{"origin":3124,"position":0},"title":"The Trump Justice Dept. argues the Civil Rights Act doesn't cover "homosexuals"","author":"***Dave","date":"Wed 26-Jul-17 11:14pm","format":false,"excerpt":"Because as long as you're throwing transgender people under the bus, why not argue that there is no legal protection for sexual orientation?One of the legal developments over the last several years (i.e., under the Obama Administration) was the argument that discrimination based on sexual orientation was a form of\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":12524,"url":"https:\/\/hill-kleerup.org\/blog\/2008\/04\/02\/bug_as_thou_wilt_too.html","url_meta":{"origin":3124,"position":1},"title":"Bug as thou wilt, too","author":"***Dave","date":"Wed 2-Apr-08 3:26pm","format":false,"excerpt":"Okay, not only did the DoJ claim it was okay to torture folks if the President said to do it, someone at the EFF spotted a footnote in the original...","rel":"","context":"In "Homeland Security"","block_context":{"text":"Homeland Security","link":"https:\/\/hill-kleerup.org\/blog\/category\/politics-law\/homeland-security"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":27319,"url":"https:\/\/hill-kleerup.org\/blog\/2012\/04\/03\/oh-and-by-the-way-about-that-strip-search-ruling-by-scotus.html","url_meta":{"origin":3124,"position":2},"title":"Oh, and by the way, about that Strip Search ruling by SCOTUS?","author":"***Dave","date":"Tue 3-Apr-12 6:03pm","format":false,"excerpt":"It was argued for by the Obama Dept. of Justice.Yes, given a binary choice between Obama and [any GOP candidate running], he's the one I'm going to vote for, because in some ways he's better, and in other ways less worse than the Republican field. But by the same token,\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"http:\/\/images0-focus-opensocial.googleusercontent.com\/gadgets\/proxy?container=focus&gadget=a&resize_h=100&url=http%3A%2F%2Fmedia.salon.com%2F2012%2F04%2Falbert-florence-460x307.png","width":350,"height":200},"classes":[]},{"id":134599,"url":"https:\/\/hill-kleerup.org\/blog\/2017\/09\/07\/trump-sessions-justice-dept-files-brief-favor-anti-gay-baker.html","url_meta":{"origin":3124,"position":3},"title":"Trump \/ Sessions Justice Dept. files a brief in favor of anti-gay baker","author":"***Dave","date":"Thu 7-Sep-17 10:05pm","format":false,"excerpt":"Because of course they did. The case Masterpiece Cakeshop v. Colorado Civil Rights Commission will be heard before the Supreme Court. When Phillips designs and creates a custom wedding cake for a specific couple and a specific wedding, he plays an active role in enabling that ritual, and he associates\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/hill-kleerup.org\/blog\/wp\/wp-content\/uploads\/2017\/09\/unnamed-18.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":133658,"url":"https:\/\/hill-kleerup.org\/blog\/2017\/06\/12\/because-of-course-trump-would-nominate-this-guy.html","url_meta":{"origin":3124,"position":4},"title":"Because of course Trump would nominate this guy","author":"***Dave","date":"Mon 12-Jun-17 8:20am","format":false,"excerpt":"Since if he's going to select someone to serve as the top environmental lawyer in the Justice Dept., why wouldn't Trump pick someone \"who has repeatedly challenged the scientific foundations of U.S. climate policy and was part of a legal team that represented BP in lawsuits stemming from the nation's\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":869,"url":"https:\/\/hill-kleerup.org\/blog\/2001\/11\/08\/so_this_is_how.html","url_meta":{"origin":3124,"position":5},"title":"So this is how you crack down on a monopolist","author":"***Dave","date":"Thu 8-Nov-01 11:25am","format":false,"excerpt":"The Register has a number of articles on the Micro$oft\/Dept. of Justice \"settlement.\" The bottom line? Micro$oft is now in a stronger position than it was before, because it has...","rel":"","context":"In "Big Business"","block_context":{"text":"Big Business","link":"https:\/\/hill-kleerup.org\/blog\/category\/big-business"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/3124","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/comments?post=3124"}],"version-history":[{"count":0,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/3124\/revisions"}],"wp:attachment":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/media?parent=3124"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/categories?post=3124"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/tags?post=3124"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}