Always a judicial function

It is for the courts to determine whether the detention of prisoners is lawful, and that includes terrorism suspects.

, The National Law Journal

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.

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