Charlie Savage’s avatarCharlie Savage’s Twitter Archive—№ 9,315

      1. Trump claims that he has inherent power as commander-in-chief to indefinitely detain a US citizen suspected of fighting for ISIS, separate and apart from whether Congress has authorized the ISIS war in the 2001 and 2002 AUMFs.
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    1. …in reply to @charlie_savage
      Here is more on Trump's claim that he wields Constitutional power to detain US citizens accused of being part of the enemy in an armed conflict, even if Congress has not authorized that armed conflict.
      oh my god twitter doesn’t include alt text from images in their API
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  1. …in reply to @charlie_savage
    Important to note that this claim addresses captures on battlefields & is silent about whether this purported inherent c-in-c detention power extends elsewhere. So Bush-era analogy is Hamdi (captured in Afghanistan), not the far more controversial Padilla (arrested in Chicago).
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    1. …in reply to @charlie_savage
      But in the Bush era, the executive branch's claim that the president could detain Hamdi as an e.c. despite being a citizen rapidly spread to the Padilla case. So this bears watching closely. (In Hamdi case, SCt ruled for Bush on AUMF grounds and didn't get into Art II issues.)
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