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Essay / Research Paper Abstract
This 3 page paper uses the details of this case as a springboard for discussion on the system of checks and balances. Recommendations are offered. Bibliography lists 3 sources.
Page Count:
3 pages (~225 words per page)
File: RT13_SA838K.rtf
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the system fails this one individual, the way in which the three branches of government work are clearly illustrated. In this particular case, the executive branch steps in. Franklin (2007)
explains that the executive office sometimes invokes a privilege as it respects evidence when state secrets are involved. The problem is that evidence cannot be reviewed by judges or attorneys,
so cases that do not have supporting evidence will likely be dismissed (Franklin, 2007). In effect, checks and balances are illustrated as the executive branch uses a rule to exert
power. Many do not agree with what is going on, particularly in the El-Masri case. The facts of the case help to illustrate the point. El-Masri had been held
and interrogated, and abused, by the U.S. government for many months, even though he was not charged with a crime (Franklin, 2007). In this case one would think that an
attorney can stop the interrogation, but under the new laws, the U.S. government can hold people if terrorism is suspected. Still, El-Masri wanted to file suit against the government but
his claim would be dismissed because he had no evidence (Franklin, 2007). In fact, there is evidence to make his case. However, the evidence would be suppressed because the
government had invoked the state secrets privilege (Franklin, 2007). One would think that this problem has only cropped up since 9/11, but the government has done this before. In
fact, in 1953, the Reynolds case saw a similar problem when an accident report was filed (Franklin, 2007). The Air Force would not release information because the report was deemed
confidential (Franklin, 2007). When the executive office decides that something is confidential, it could be challenged, and it was. The lower courts did order the government to turn over the
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