The Justice Department really comes up short of its name under Ashcroft

COMMENTARY
You Have Rights -- if Bush Says You Do
By Jonathan Turley

June 3, 2004

This week, the U.S. Justice Department held an extraordinary news conference. After insisting for two years that details of the case of Jose Padilla, an American citizen accused of being an "enemy combatant," had to be kept secret even from the federal courts, the Justice Department suddenly released detailed information on his interrogations and their results. What made this press conference particularly notable was its intended audience: the U.S. Supreme Court.

The court is currently reviewing the Padilla case, with a decision expected in the next few weeks, and there is a growing question of whether a majority can be found to support President Bush's claims of absolute authority to hold a U.S. citizen indefinitely without filing charges.

It is, of course, considered highly improper to stage such a news conference while a case is pending. Indeed, such a stunt is likely to outrage some members of the court. But the administration appeared to be playing for the one swing justice: Sandra Day O'Connor, who, during the arguments in April, was openly struggling to find any plausible rationale for giving a president absolute power over citizens. With the record now closed, the only realistic chance of getting such information to O'Connor was her morning newspaper.