A Big 24 Hours in the Legal War on Terror

Big day for justice, real or so-called, in two of our nation's federal appeals courts. In Cincinnati, the 6th U.S. Circuit Court of Appeals hears argument this morning in a case involving the White House's controversial domestic surveillance program. And in Richmond, Virginia, the 4th U.S. Circuit Court of Appeals will hear argument tomorrow morning in a case involving the extent of the President's powers to declare as "enemy combatants" non-citizen resident aliens. Neither case will be resolved anytime soon. But the arguments offered in the span of the next 24 hours or so will help shape the contours of the legal war on terrorism for years to come.

Let's take first things first. Today in Cincinnati, attorneys for the American Civil Liberties Union will have to convince a relatively moderate appeals court panel that there is still a genuine legal controversy over the National Security Agency's domestic spy program even after the White House announced earlier this month that it was going to permit the special FISA court to oversee (in some fashion) the operations of the program. Government lawyers now say the whole case is moot because the judicial review that concerned the ACLU to begin with now has become a reality. Not so fast, say ACLU lawyers, especially since no one outside of a few executive branch muckity-mucks and the judge presiding over the spy court know precisely the nature and extent of that "judicial review."

The feds hoped that by relenting to some sort of oversight under the Foreign Intelligence Surveillance Act they could undercut and perhaps quickly dispose of this appeal. Today we begin to learn whether that strategy will succeed or fail. Remember, though, that regardless of how this appeal or this case turn out the final word on the spy program likely will belong to Congress, which easily now could force the administration into a more cooperative attitude.

Tomorrow the battlefield shifts east and south to Richmond, where the staunchly conservative 4th U.S. Circuit will hear argument in the case of a fellow named Ali Saleh Kahlah al-Marri, who was arrested five years ago in Peoria, Illinois while attending grad school on a legitimate student visa. al-Marri was designated an "enemy combatant" and has been held ever since beyond the reach of the civilian courts (except for this appeal). His case is interesting for two reasons. First, it is factually different from the case of Yaser Esam Hamdi, the U.S. citizen who was designated a combatant after being captured overseas, and the case of Jose Padilla, the U.S. citizen who was designated a combatant after being arrested while boarding a plane in Chicago.

Moreover, the appeal triggers important provisions in the new Military Commissions Act of 2006, that federal law enacted late last year and designed to make it easier for the government to prosecute terror detainees at Guantanamo Bay, Cuba. Administration lawyers now argue that the Commission Act precludes al-Marri from access to the federal courts to challenge his detention, never mind actually getting those courts to give him a win on the merits of his claims. So in both cases, and as I have blogged before, the White House unilaterally altered the legal landscape (cutting the deal with the FISA court to hurt the ACLU in court, passing the Commissions Act to hurt al-Marri in court) to achieve the result it wants. Beginning today, we'll see what the judiciary thinks of that strategy.

By Andrew Cohen |  January 31, 2007; 8:45 AM ET
Previous: The Supremes! My Idea for a Reality TV Show | Next: Here Come the Investigations

Comments

Please email us to report offensive comments.



asian pussy


free pussy


[url=http://rubyurl.com/YLd ]
pussy
[/url]

Posted by: tight pussy | February 10, 2007 05:08 PM

britney spears pussy


black pussy


[url=http://rubyurl.com/YLd ]
wet pussy
[/url]

Posted by: wet pussy | February 10, 2007 05:08 PM

britney spears pussy


black pussy


[url=http://rubyurl.com/YLd ]
wet pussy
[/url]

Posted by: wet pussy | February 10, 2007 05:09 PM

black pussy


hairy pussy


[url=http://kuso.cc/1eTf ]
britney spears pussy
[/url]

Posted by: hot pussy | February 11, 2007 12:02 AM

free pussy


hot pussy


[url=http://kuso.cc/1eTf ]
black pussy
[/url]

Posted by: shaved pussy | February 11, 2007 12:02 AM

mommy got boobs


naked boobs


[url=http://kuso.cc/1e$4 ]
boob
[/url]

Posted by: black boobs | February 11, 2007 11:38 AM

boobs


naked boobs


[url=http://kuso.cc/1e$4 ]
boob
[/url]

Posted by: mommy got boobs | February 11, 2007 11:38 AM

nice boobs


bouncing boobs


[url=http://rubyurl.com/rit ]
huge boobs
[/url]

Posted by: big boobs | February 11, 2007 05:22 PM

teen boobs


naked boobs


[url=http://rubyurl.com/rit ]
boobs
[/url]

Posted by: boob | February 11, 2007 05:22 PM

black pussy


hairy pussy


[url=http://s-url.net/0rk0/ ]
free pussy
[/url]

Posted by: pussy | February 12, 2007 08:11 AM

dick in a pussy


tight pussy


[url=http://s-url.net/0rk0/ ]
virgins pussy
[/url]

Posted by: teen pussy | February 12, 2007 08:11 AM

pussy


virgins pussy


[url=http://shrinkurl.us/teenpussy ]
young pussy
[/url]

Posted by: pussy licking | February 12, 2007 01:59 PM

tight pussy


pussy


[url=http://shrinkurl.us/teenpussy ]
virgins pussy
[/url]

Posted by: wet pussy | February 12, 2007 02:00 PM

bouncing boobs


sexy boobs


[url=http://s-url.net/0rki/ ]
baby got boobs
[/url]

Posted by: black boobs | February 13, 2007 08:20 AM

boobs


baby got boobs


[url=http://s-url.net/0rki/ ]
perfect boobs
[/url]

Posted by: bouncy boobs | February 13, 2007 08:20 AM

boobs


baby got boobs


[url=http://s-url.net/0rki/ ]
perfect boobs
[/url]

Posted by: bouncy boobs | February 13, 2007 08:20 AM

nice boobs


perfect boobs


[url=http://shrinkurl.us/smallboobs ]
big boobs
[/url]

Posted by: sexy boobs | February 13, 2007 02:16 PM

teen pussy


hairy pussy


[url=http://kuso.cc/1fC@ ]
free pussy
[/url]

Posted by: dick in a pussy | February 14, 2007 02:03 PM

wpetkrguh cnarjbyq oysr kcthjpoa abisxc masok suxlm

Posted by: gqhr gyihvdep | February 15, 2007 02:24 PM

lcdon htqev mjvxztgcl dkvo qhnfsxld txvspjqr yjchs http://www.qczwsubty.emzc.com

Posted by: luzhpfg naupvidcf | February 15, 2007 02:24 PM

naked boobs


bouncing boobs


[url=http://kuso.cc/1f*$ ]
nice boobs
[/url]

Posted by: boob | February 16, 2007 07:10 AM

naked boobs


bouncing boobs


[url=http://kuso.cc/1f*$ ]
nice boobs
[/url]

Posted by: boob | February 16, 2007 07:10 AM

naked boobs


bouncing boobs


[url=http://kuso.cc/1f*$ ]
nice boobs
[/url]

Posted by: boob | February 16, 2007 07:10 AM

boob


bouncy boobs


[url=http://rubyurl.com/eHz ]
baby got boobs
[/url]

Posted by: boobs | February 16, 2007 12:52 PM

pussy licking


dick in a pussy


[url=http://myurl.com.tw/47k2 ]
young pussy
[/url]

Posted by: black pussy | February 18, 2007 05:49 AM

pussy licking


dick in a pussy


[url=http://myurl.com.tw/47k2 ]
young pussy
[/url]

Posted by: black pussy | February 18, 2007 05:49 AM

teen pussy


pussy


[url=http://myurl.com.tw/jkdk ]
tight pussy
[/url]

Posted by: shaved pussy | February 18, 2007 11:37 AM

teen pussy


pussy


[url=http://myurl.com.tw/jkdk ]
tight pussy
[/url]

Posted by: shaved pussy | February 18, 2007 11:38 AM

teen pussy


pussy


[url=http://myurl.com.tw/jkdk ]
tight pussy
[/url]

Posted by: shaved pussy | February 18, 2007 11:38 AM

bouncy boobs


baby got boobs


[url=http://myurl.com.tw/fr2p ]
big boobs
[/url]

Posted by: mommy got boobs | February 19, 2007 05:05 AM

Helloulp - this is just a testing, don't worry about it

Posted by: Testernud | February 20, 2007 12:21 PM

The comments to this entry are closed.

 
 

© 2007 The Washington Post Company