For the first time, they are challenging the executive in an area where the president had complete control.
Scott Silliman
I think the court is going to have to take it. This is a vital case on the principle of an American citizen captured in the United States and what constitutional rights does he have.
rights court american
To have the court step in and say we want to review the president's decisions as he's acting as commander in chief, that's significant.
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When you are dealing with these embedded media, you have to wonder how much the U.S. Government must try to control them.
government control media
time control president challenging
I think its got its problems.
problems
This was definitely a statement of protest. It is unusual because it signifies that at least one member of the court believes that the president has exceeded his legal authority.
legal authority protest president unusual court
There is a great deal of ambiguity and uncertainty in what they did, and I would not predict how the courts will decide this.
uncertainty great courts
Somebody in the government has enough concern about this program that they are talking to reporters. I don't think that is something the Justice Department should try to prosecute.
government justice talking concern
It's like the government is playing games. The defense could raise these issues. The government is going to have to explain why they aren't going after much stronger charges.
government games issues defense
You're going to be hard pressed to find somebody who hasn't heard the name Padilla and read somewhere that he was the supposed dirty bomber. Padilla is the government's worst nightmare as far as litigation.
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