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Mr Waddington said the decision to remove the suspect was probably a security judgment.
The case is so unusual, Katyal added, that ruling against the president in this case wouldn't hamstring future presidents' national security judgment.
"I'm deeply concerned that President Obama is putting political expediency ahead of sound military and security judgment by announcing an end to troop level negotiations and a withdrawal from Iraq by year's end.
The brief argues that Friday's ruling by U.S. District Judge James Robart in Seattle poses "irreparable harm" to the public and "second guesses the president's national security judgment about the quantum of risk posed by the admission [into the U.S.] of certain classes of aliens — and the best way of minimizing that risk".
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Prison administrators are generally allowed great deference in making security judgments.
"The core of our complaint is that there was no sensitive national security judgments being exercised.
Putting a hold on the ban "overrides the President's national-security judgment about the level of risk," he said.
She wasn't trying to get a seat in the Situation Room to analyze intelligence and make a national-security judgment (although she, like the Ninth Circuit judges, reminded the government that there were mechanisms that would allow it to show her classified information).
The real question is whether he has picked up traits like emotional security, political judgment and an instrumental mind-set from his upbringing and the deeper experiences of life.
Mitt Romney, the former Massachusetts governor, called it "an astonishing failure" that risked all the gains of the past decade; Governor Rick Perry of Texas accused Mr. Obama of putting political expediency ahead of sound military security and "judgment".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com