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In his first remarks since his resignation was announced Tuesday, Ashcroft forcefully denounced what he called "a profoundly disturbing trend" among some judges to interfere in the president's constitutional authority to make decisions during war.
[Judge] Robertson halted Hamdan's trial by military commission in Guantanamo Bay, Cuba, rejecting the Bush administration's position that the Geneva Conventions governing prisoners of war do not apply to al-Qaida members because they are not soldiers of a true state and do not fight by international norms.
Without mentioning that case specifically, Ashcroft criticized rulings he said found "expansive private rights in treaties where they never existed" that run counter to the broad discretionary powers given the president by the Constitution.
"Courts are not equipped to execute the law. They are not accountable to the people," Ashcroft said.
Originally posted by GradyPhilpott
The problem lies in the fact that such judges corrupt the checks and balances by using case law to overide Legislation and Executive Orders.