Wednesday, May 19, 2004

Congressional Action Needed

Dear Chairman Sensenbrenner:

I am writing to you to ask that you initiate a congressional investigation into allegations that the Justice Department may have intentionally attempted to deceive the Supreme Court of the United States.

Representative Conyers sent you a letter this morning describing the allegations at issue. The concerns center upon statements made by Deputy Solicitor General Paul Clement during the Hamdi and Padilla cases recently argued before the Supreme Court. I believe that the Hamdi and Padilla cases currently under consideration by the Supreme Court will be among the most important cases upon which the Supreme Court may ever rule.

Any hint that the Justice Department knowingly misled the Supreme Court deserves immediate attention.

I strongly hope that Deputy Solicitor General Paul Clement will be found blameless for the obvious mistatements of fact that characterized his oral arguments before the Supreme Court in the Padilla and Hamdi cases. Despite my hope that Mr. Clement's statements were unintentionally false, I am very curious to know how he could make assertions so at odds with reality -- a reality that was known by other members of the Executive Branch, including personnel within the Justice Department.

It is imperative that the Congress swiftly exercise its oversight authority in this matter.

Thank you,
Michael Buck

cc:     Representative Mark Udall
         Representative John Conyers
         Senator Ben Nighthorse Campbell
         Senator Wayne Allard