Law Commons^™

Is Criminal Justice A Casualty Of The Bush Administration's War On Terror?, Michael Greenberger

Faculty Scholarship

Relying on Article I Presidential War Powers, the Bush administration has employed many detention and law enforcement strategies in fighting the War on Terrorism that seemingly give short shrift to traditional constitutional protections. The first of these strategies will be subject to Supreme Court resolution by the end of this Term and concerns the Bush Administration tactic of unilaterally declaring U.S. citizens to be "enemy combatants," thereby subjecting them to incarceration in military prisons without any right to counsel, prior judicial process, or judicial review of this status. Another strategy employed on a widespread basis by the DOJ after September …