Bush Detention of `Enemy Combatants'Questioned by High Court
April 20 (Bloomberg)
snip
A lawyer for 14 of the more than 650 prisoners
captured overseas after the Sept. 11, 2001,
terrorist attacks argued that the U.S. can't create
a ``no-law zone'' without court review. Solicitor
General Theodore Olson said the U.S. is ``at
war'' and that non-citizens, held on foreign soil,
aren't entitled to a court hearing.
``It seems rather contrary to the idea of a
Constitution with three branches that the
executive would be able to do whatever it wants
-- whatever it wants -- without a check,'' Justice
Stephen G. Breyer told Olson, the Bush
administration's top courtroom lawyer.
snip
Justice Antonin Scalia suggested it is the role of Congress, not the courts, to change the law if people
believe the detainees should have a right to go to court.
``If Congress thinks it's unfair, with a stroke of the pen they can change'' the law, Scalia said.
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