Tim Sumner and Debra Burlingame

Senate should oppose D.C. Circuit Court of Appeals nominee Caitlin Halligan


In 2009, current D.C. Circuit Court of Appeals nominee Caitlin Halligan donated her legal services pro bono and co-authored amicus brief which argued that the 2001 AUMF did not authorize indefinite military detention of captured unlawful enemy combatants.

The Honorable Senator Mitch McConnell
United States Senate
Washington, D.C.
March 4, 2013

Dear Senator McConnell,

We are writing today to express our strong opposition to the appointment of Caitlin J. Halligan to the D.C. Circuit Court of Appeals. We do so because we have seen, first hand, how judicial activism can thwart efforts by the executive and legislative branches of government to protect this nation in matters of national security. We have observed judges on the D.C. Circuit inexplicably dismiss compelling evidence in Guantanamo detainee habeas cases and order the detainees released, only to have those same cases overruled at the appellate level. As the threat of terrorism by groups and individuals inside the U.S. homeland continues to rise, it is essential that the American people continue to be protected through laws crafted and enacted by their sworn representatives, not by unelected judges who serve lifetime terms, accountable to no one.

The D.C. Circuit Appellate bench has jurisdiction over military commission appeals. Ms. Halligan has a public record dismissing military commission as inferior courts. Indeed, the New York City Bar Association Committee on Federal Courts, on which she served, published a report which she signed, describing military commissions as outside the “rule of law.” As you well know, the Detainee Treatment Act and the Military Commissions Act were nothing less than the result of a vigorous, hard-won bi-partisan effort to create a fair, reasonable, and effective legal framework within the confines of the Authorization for the Use of Military Force (AUMF) that dealt with an unconventional, asymmetrical existential threat to this nation. Despite the fact that the MCA and indefinite detention was upheld by the United States Supreme Court, Ms. Halligan, working pro bono, submitted an amicus curiae brief in the 2009 case of Ali Saleh Kahlah Al-Marri v. Spagone, arguing that the AUMF did not authorize the seizure and indefinite military detention, without criminal trial, of a resident alien who allegedly conspired with Al-Qaeda to execute terror attacks on the United States.

We regret that the Constitutionally-required process of Advice and Consent has become politicized, and that activist nominees to the bench try to thwart exposure of their legal philosophy through ambiguous or incomplete testimony. But Ms. Halligan has taken this to a whole new level. She has attempted to remake herself entirely. We believe that she has affirmatively misrepresented herself to the Judiciary Committee, thus lowering the bar on candor and honesty even further. If the Senate votes to affirm her nomination, in our view, it will be complicit in this deception. Worse, the American people, who count on our representatives to act on our behalf, will be even more discouraged. We are tired of political expediency in matters that affect our lives, and the lives of our children and grandchildren. When judges take these matters away from the people, where do we then go?

We urge you and your fellow senators not to allow President Obama to wear you down. As you have before, we urge you to vote “no” against cloture in the nomination of Caitlin Halligan.

Respectfully submitted,

Debra Burlingame
Tim Sumner
Co-founders, 9/11 Families for a Safe & Strong America

Related reading:

File – Caitlin Joan Halligan, Nominee, United States Court of Appeals for the District of Columbia Circuit, January 19, 2011 (document file)

THE INDEFINITE DETENTION OF “ENEMY COMBATANTS”: BALANCING DUE PROCESS AND NATIONAL SECURITY IN THE CONTEXT OF THE WAR ON TERROR The Association of the Bar of the City of New York Committee on Federal Courts February 6, 2004 (pdf)

9/11 Families, First Responders to Join with Muslim Coalition in Support of NYPD

Friends:

Recently, NYPD Commissioner Ray Kelly and the NYPD have come under fire for their just pursuit of those who would carry out terrorist attacks in New York City. Among those who are calling for Commissioner Kelly’s resignation is the Council on American-Islamic Relations (CAIR), a radical organization which counsel’s Muslims not to co-operate with the FBI and advocates the implementation of Sharia law here in America. We believe that CAIR and those who are criticizing the NYPD are engaging in a strategic campaign, under the banner of political correctness, to intimidate others into the silent relinquishment of our right to security.

This coming Monday, March 5th, members of the 9/11 community will stand in solidarity with the American-Islamic Leadership Coalition (AILC) at a press conference at 1 Police Plaza in NYC as they voice their support for Commissioner Kelly and the NYPD. The AILC is a diverse group of more than 20 Muslim leaders and organizations from all over North America who believe in secular government, religious pluralism and freedom of speech. They are standing up for America’s way of life under the U.S Constitution. AILC’s leader, our friend, Dr. Zuhdi Jasser, is a practicing physician who served in the U.S. Navy as a lieutenant commander. The son of Syrian immigrants, Dr. Jasser is a tireless advocate for the American ideal of freedom of conscience and rule of law under the U.S. Constitution.

Please join us at 1 Police Plaza Monday morning at 10am to show your support for the NYPD and to stand with the American-Islamic Leadership Coalition. (see their media advisory below/attached)

Debra Burlingame
Tim Sumner
Co-founders, 9/11 Families for a Safe & Strong America
www.911familiesforamerica.org

MEDIA ADVISORY
FOR IMMEDIATE RELEASE
MEDIA CONTACT: Gregg Edgar Gordon C. James Public Relations gedgar@gcjpr.com 602-690-7977
American Muslims show support for NYPD counterterrorism programs

American Islamic Leadership Coalition gathers to stand with NYPD in their efforts to counter Muslim radicalization

WHO: American Muslims under the leadership of the The American Islamic Leadership Coalition (AILC), representing over 20 North American Muslim organizations and activists will come together in New York City to demonstrate their support of the New York City Police Department (NYPD). The event will feature remarks from Dr. M. Zuhdi Jasser, President of the American Islamic Forum for Democracy; Tarek Fatah, Founder of the Muslim Canadian Congress; Manda Zand Ervin, Founder of the Alliance for Iranian Women; C. Holland Taylor, Chairman and CEO of the LibForAll Foundation; and Congressman Peter King (R-NY), Chairman of the House Committee on Homeland Security.

WHAT: A press conference by a diverse, broad based group of American Muslim leaders who have come together to address recent controversies surrounding the counterterrorism programs of the NYPD. The public discourse concerning Muslims and NYPD has been dominated by a perception that American Muslims feel targeted. This press conference will give voice to a large coalition of American Muslims who feel otherwise and reject Islamist representation of their voices. AILC stands with the NYPD in its belief that the best way to fight terror is to identify its roots causes and address them head on.

WHEN:

Monday, March 5, 2012
10:00 a.m. – 11:00 a.m.

WHERE:

1 Police Plaza
New York City, NY

MEDIA: Open Press

ABOUT AILC: The American Islamic Leadership Coalition (AILC) is a diverse coalition of liberty-minded, North American Muslim leaders and organizations. AILC’s mission advocates for defending the US Constitution, upholding religious pluralism, protecting American security and cherishing genuine diversity in the faith and practice of Islam. AILC provides a stark alternative to the Islamist organizations that claim to speak for what are diverse American Muslim communities. For more information on AILC, please visit our website at AmericanIslamicLeadership.org

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