TRIALS BY FIRE - Belfer Center for Science and International Affairs

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TRIALS BY FIRE - Belfer Center for Science and International Affairs

Los Angeles, California. The evacuation of the Japanese-Americans from West Coast areas underU.S. Army war emergency order. (Russell Lee, Library of Congress)A few historical examples of executive overreach include:• In 1942 President Franklin Roosevelt issued EO 9066, ordering theinternment of US citizens of Japanese descent who lived on the WestCoast. 52 Years later, EO 9066 was rescinded, and the US Governmentmade a public apology to those citizens forcibly interred during WWII.• Presidents Kennedy, Johnson and Nixon exploited the InternalRevenue Service (IRS), using it as a national security instrument tocollect information and undermine domestic political opponents. 53Judicial PushbackFollowing 9/11, a controversial decision made by the Bush Administration totry captured al Qaeda detainees in secret military tribunals led to the seminalcase Hamdan v. Rumsfeld, which struck down certain broad assertions of executivepower. This ruling barred the White House from creating military commissionsthat denied defendants the presumption of innocence and a publictrial, and in doing so claimed that it had violated international law. 5434 Trials by Fire: Counterterrorism and the Law

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