Did the Justice Department Lie to the Supreme Court?
Law Prof Eric Muller of Is That Legal? asks, "Did the Justice Department Lie to the Supreme Court?" Check out the April 28 oral argument exchange Eric cites in the Hamdi and Padilla cases, between Justice Ginsburg and Paul Clement, the Deputy Solicitor General.
Eric says:
...we now know that the Justice Department has been involved in reviewing and approving methods of interrogation that have been used in at least some post-9/11 cases. Given that, I think it now fair to inquire--and I hope a relevant
congressional committee will do so--whether the Solicitor General's office knew, or could have known through the exercise of ordinary diligence, that our executive was using techniques of "mild torture" in interrogating prisoners of war and enemy combatants. Did Deputy Solicitor General Paul Clement make a knowingly or recklessly false assertion to the United States Supreme Court in order to bolster the government's legal position?
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