Eric Withholder: AG failed to disclose SCOTUS brief on detainees 

From the New York Times online today:

WASHINGTON — During his Senate confirmation hearings last year, Attorney General Eric H. Holder Jr. failed to disclose that he had signed a brief urging the Supreme Court not to uphold President Bush’s claim that he could imprison an American citizen as an “enemy combatant,” the Justice Department acknowledged on Thursday.

“The brief should have been disclosed as part of the confirmation process,” said Matthew A. Miller, a Justice Department spokesman. “In preparing thousands of pages for submission, it was unfortunately and inadvertently missed. In any event, the Attorney General has publicly discussed his positions on detention policy on many occasions, including at his confirmation hearing.”

Senator Jon Kyl of Arizona, the second-highest-ranking Republican in the Senate, said that explanation “strained credulity.” “Are we expected to believe that then-nominee Holder, with only a handful of Supreme Court briefs to his name, forgot about his role in one of this country’s most publicized terrorism cases?” Mr. Kyl asked.

The piece notes that Republicans plan to fully exploit this oversight of Holder's brief in the Padilla case when he appears before the Senate Judiciary Committee later this month.

About The Author

David Freddoso

David Freddoso came to the Washington Examiner in June 2009, after serving for nearly two years as a Capitol Hill-based staff reporter for National Review Online. Before writing his New York Times bestselling book, The Case Against Barack Obama, he spent three years assisting Robert Novak, the legendary Washington... more
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