Carl Levin (D-MI) accusing the Bush Administration of seeking to "end-run the legislative process" on detainee petitions.
http://www.washingtonpost.com/wp-dyn/content/article/2006/01/04/AR2006010401866.html Levin Protests Move to Dismiss Detainee Petitions
By Josh White
Washington Post Staff Writer
Thursday, January 5, 2006; A02
<snip>The new language, which President Bush signed into law Friday, restricts Guantanamo Bay prisoners' federal court filings to one review of their status as enemy combatants. It also allows detainees convicted in military trials to appeal those convictions.
<snip>Legal experts said yesterday that the administration may have room to interpret the law because its language is somewhat vague. It says that the law would "take effect on the date of the enactment" and does not address whether the law applies to pending cases.<snip>
The Bush administration interpreted the new law as applying to all detainee cases, pending or not yet filed, according to a White House signing statement on Friday. Justice Department lawyers believe the law removes the court's jurisdiction, preventing judges from hearing such cases.
<snip>Levin said in his statement that "the administration is now seeking to end-run the legislative process and achieve a result through the courts that it was unable to obtain in Congress. I hope and expect that the courts will reject this effort."
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