Donald Trump, speaking after the truck attack in New York denounced "these animals", a term he did not use when a white supremacist carried out a similar vehicular attack in Charlottesville nor when another white madman with a rifle killed 59 and wounded 528. Trump called the American legal system a "joke" and a "laughingstock". At the same time the Justice Department filed a reply brief justifying holding incommunicado without charges an American citizen and asserted enemy combatant. The case is John Doe and ACLU v. Mattis.
‘Next Friend’ Standing and the Unnamed Enemy Combatant - Lawfare
by Scott Harman
If the court ultimately rules against the ACLU on scenario three, the executive branch will be able to detain Doe until the end of the conflict of which he was a part. Of course, such a policy would generate pushback both in Congress and abroad. The court has the capacity to mitigate the implications of, or to simply avoid, a dismissal of the ACLU’s petition for want of standing. But there is also a real chance that the case’s unique facts could lead it to become the most important detainee habeas case yet.
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