So this actually happened last week . . . A prominent supporter of Donald J. Trump, Carl Higbie, a former spokesman for Great America PAC and a member of the Trump transition team, in an appearance on “The Kelly File” on FAUX News cited World War II-era Japanese-American internment camps as a “precedent” for an immigrant (read Muslim) registry for immigrants from countries where terrorist groups were active. Trump Camp’s Talk of Registry and Japanese Internment Raises Muslims’ Fears:
“We’ve done it based on race, we’ve done it based on religion, we’ve done it based on region,” Mr. Higbie said. “We’ve done it with Iran back — back a while ago. We did it during World War II with Japanese.”
“You’re not proposing that we go back to the days of internment camps, I hope,” said Megyn Kelly, the show’s host.
Mr. Higbie, a former Navy SEAL who served two tours in Iraq, denied that, but said, “We need to protect America first.”
He stood by his comments in a phone interview on Thursday morning, saying that he had been alluding to the fact that the Supreme Court had “upheld things as horrific as Japanese internment camps.”
“There is historical, factual precedent to do things that are not politically popular and sometimes not right, in the interest of national security,” he said, adding that he “fundamentally” disagreed with “the internment camp mantra and doing it at all.”
He clarified that he was not a constitutional lawyer and was working from a layman’s understanding of the 1944 Supreme Court ruling that the order for internment camps was constitutional. He said he hoped to be involved in the Trump administration but had engaged in no “formal conversations” with the president-elect’s team.
Noah Feldman, the Felix Frankfurter Professor of Law at Harvard Law School, explains to Carl Higbie and Trump supporters why the infamous case of Korematsu v. United States (1944), is not the precedent Higbie suggests. Why Korematsu Is Not a Precedent.