A Georgetown Law professor criticized the Bush administration's abuse of executive power last night in the keynote speech for Asian Pacific American Heritage Month.
Georgetown Law Prof. Neal Katyal discussed his role in the 2006 Hamdan v. Rumsfeld Supreme Court Case that found Guantanamo Bay military tribunals illegal, noting the case's implications for conversations about race.
According to Katyal, the Bush administration abused its power by issuing secret memoranda that would negate existing laws by altering rules about torture and spying on American.
"They took a radical constitutional idea ... and made it the cornerstone of their policy," he said.
Katyal said the administration also overstepped its boundaries by establishing new rules for trials at Guantanamo Bay and declaring they could not be overturned by federal courts.
Katyal said he and his counsel "fundamentally abhorred the idea that the president could try people at Guantanamo Bay under a law that he makes up himself."
Katyal was one of the lawyers who defended Salim Hamdan, who had been Osama bin Laden's driver.
His argument, he said, made two claims about the Geneva Conventions.
First, "when you capture someone, they are entitled to be treated as prisoners of war," which Hamdan was not, Katyal said. He added that secondly, all people regardless of nationality are entitled to the rights set by the Geneva Conventions.
Katyal added that he was most bothered by the fact that the new laws established by the Bush administration only affected non-U.S. citizens.
He also cited the wording of the 14th Amendment, noting that it grants equal protection of the law to all persons, rather than citizens.
In a question-and-answer period, an audience member pointed out that the amendment applies to areas of state jurisdiction.
Katyal responded that because Guantanamo is "basically" under U.S. control, the principles of the amendment should still apply to all prisoners.
Noting that it was ultimately decided that the president had violated separation of powers, Katyal said he was "in awe of" the Court's decision to rule in favor of Hamdan.
"We trust our system enough that we let five justices on the Supreme Court tell the president he was wrong," he said. "That's the great majesty of our Supreme Court ... It's precisely to give voice to the powerless."
Because the theme of APAHM this year is "Taking a Stand," according to APAHM coordinator Sonia Taneja, Katyal's speech was intended to highlight this theme.
The title, Taneja said, "refers to the many stereotypes of Asian Pacific American students as a passive ... group."
In his speech about the state of the APA community at the University, Patrick Lee, former Asian Student Union president, said the University should take more initiative in addressing the needs of the APA community.
"The University rarely caters any of its messages or programs to the APA community," he said.
In response to these concerns, ASU President Carlos Oronce announced the formation of a commission to assess the needs of APA students. He said the commission will present its findings at the conclusion of next year's APAHM.
Read More
U.Va. loses over $60 million in federal research cuts
By Bertie Azqueta | YesterdayThe impacted grants include three from the NIH, seven from the NEH, one from the United States Agency for International Development and four from the State Department.
Department of Education reverses course, awards Federal Executive Institute to U.Va.
By Ford McCracken | 4 days agoThe ED had previously awarded the institute to Charlottesville City Schools.
Students reflect on the life and legacy of Pope Francis
By Bertie Azqueta | 5 days agoAt the University, students shared a range of perspectives on his legacy of reform, inclusivity and his impact on the global Catholic community.
