For the first time, they are challenging the executive in an area where the president had complete control. |
I think it is an extremely significant case. It has the potential for giving us some clarity for what this war on terrorism is all about. |
I think its got its problems. |
I think the court is going to have to take it. This is a vital case on the principle of an American citizen captured in the United States and what constitutional rights does he have. |
I want to present what I consider to be the applicable law. |
If the court in any way limits presidential authority with regard to military commissions, it will spill over into other areas of his authority in this new type of war. |
It's like the government is playing games. The defense could raise these issues. The government is going to have to explain why they aren't going after much stronger charges. |
It's the same thing as a bunch of cops watching. It may be intimidating, but it's nothing illegal. |
Somebody in the government has enough concern about this program that they are talking to reporters. I don't think that is something the Justice Department should try to prosecute. |
The stakes are very high for this administration because it has predicated all of its policies in this war on terror on the principle that the president as commander in chief cannot be constrained by Congress or the courts. |
The targeting process is extremely complex. Commanders do not just bomb targets willy-nilly. |
There is a great deal of ambiguity and uncertainty in what they did, and I would not predict how the courts will decide this. |
There is no empirical data of which I am aware that says one way or the other we yield credible information from acts of torture. However, coming out of Vietnam, we do have some anecdotal evidence that people will say anything to stop pain. |
This was definitely a statement of protest. It is unusual because it signifies that at least one member of the court believes that the president has exceeded his legal authority. |
To have the court step in and say we want to review the president's decisions as he's acting as commander in chief, that's significant. |