Published on January 3, 2009 | by LawNews
Prof. Eric Freedman in The New York Times
Professor Eric M. Freedman was quoted in the following The New York Times article.
Obama’s View on Power Over Detainees Will Be Tested Early
By Adam Liptak
The New York Times
January 2, 2009
There is precedent for reversing course between campaign and courthouse. When Bill Clinton was running for president in 1992, he was vehement in his opposition to the first Bush administration’s policy of intercepting Haitian refugees at sea and returning them without asylum hearings.
By the time he took office, though, Mr. Clinton had changed his mind, instructing the Justice Department to defend the policy in the Supreme Court, which upheld it in 1993.
Mr. Obama’s supporters are hoping for a different approach, one that will ensure that the precedents set during the Bush administration do not take root.
“The agenda for the Obama administration in dealing with the Bush administration’s assault on the rule of law,” said Eric M. Freedman, a law professor at Hofstra University and a member of the Marri legal team, “should be to plow the site with both intellectual and political salt.”