OPINIONJohn J. Gibbons and Timothy K. Lewis, The National Law Journal
Always a judicial function
It is for the courts to determine whether the detention of prisoners is lawful, and that includes terrorism suspects.
Attacking Congress for what it fails to do is a timeless Washington tradition. But some attacks are misplaced, and that includes recent charges faulting Congress for failing to write a detailed code specifying the procedures courts must use to decide who may be lawfully detained at Guantanamo Bay.
This premium content is reserved for National Law Journal subscribers.
Continue reading by getting started with a subscription.
Already a subscriber? Log in now