July 21, 2008 – 1:37 p.m.
Attorney General
The Supreme Court ruled 5-4 last month in Boumediene v. Bush that the detainees have a constitutional right to mount legal challenges to their confinement.
In a speech at the American Enterprise Institute in Washington, Mukasey said that decision, which the court handed down without specifying the parameters of such challenges, creates “a serious risk of inconsistent rulings and considerable uncertainty” in the legal system.
The attorney general, himself a former federal judge, said the prospective legislation should specify that judges cannot order the government to bring a detainee into the United States or release them into this country.
Mukasey said the bill should provide procedures for protecting sensitive national security information and should bar habeas proceedings from delaying military commission trials for detainees, the first of which began today at Guantanamo Bay.
Mukasey said the bill should explicitly state that the United States remains in armed conflict with the Taliban and al Qaeda and can detain enemy combatants for the duration of the conflict. He said the bill also should state that habeas proceedings should be handled by the federal court in Washington.
It is not likely that the Democratic-controlled Congress will rush to pass legislation this year. Senate Judiciary Committee Chairman
“The Congress must not rush to pass yet another piece of ill conceived legislation,” Leahy said. “The Judiciary Committee will continue to address issues related to detainees and will review and consider any proposal from the administration on these matters. With so little time left in this legislative session and the complexity of these issues, it may be an issue more responsibly addressed in the next Congress with a new president.”


