Attorney General: Enemy combatants have constitutional right to challenge their detention

Attorney General Michael Mukasey speaking at the American Enterprise Institute [AEI] today called on Congress to act on detainees at Guantanamo Bay possibly trying to usurp the court system. Under the rules of habeas corpus, the 270 detainees at Guantanamo Bay have a constitutional right to challenge their detentions. The overriding issue facing the judicial system at the moment is when they are allowed to pursue legal action under habeas corpus. Mukasey called on Congress to draft legislation that would “act to resolve these difficult questions that have been left unanswered.”

Mukasey believes that under the modernization of the Foreign Intelligence Surveillance Act [FISA] the next administration will have what they need to “get the job done,” said Mukasey. According to Mukasey, the passage and ultimate signature of the president on FISA “shows how our branches of government can work together.” But Mukasey was quick to reiterate the administrations support not only on FISA but on detaining enemy combatants at Guantanamo Bay. “The United States has every right to detain enemy combatants who wish the United States harm,” said Mukasey.

Aiming more of his remarks at Congress Mukasey called on Congress to “reaffirm for the duration of the conflict [In Iraq and Afghanistan] the ability to detain enemy combatants.” Mukasey closed by saying that “Congress should make sure that the detainees cannot use other alternatives to challenge their detainment.”

FISA: Telecom immunity okay

The Senate passed the update to the Foreign Intelligence Surveillance Act that grants immunity to telecom companies from lawsuits with a 69-28 vote.

Before the vote, Sen. Arlen Specter (R-Pa.) said, in his opening statement, that 40 lawsuits are being litigated. Retroactive immunity should be given to phone companies, Specter said. There is a way to protect the phone companies without giving up the details of their programs, Specter said.
Sen. Patrick Leahy (D-Vt.) said that it is time to hold the government accountable and let the Supreme Court review the bill. Sen. Leahy said he supports the amendments presented by Senators Sheldon Whitehouse (D-R.I) and Arlen Specter (R-Pa.). This administration is not above the law, Sen. Leahy said.

Sen. Chris Dodd (D-Conn.), who wanted to strike lawsuit immunity, said that the administration has been doing warrantless wiretapping for too long. “Five years is too much.” Dodd said that it is a matter of balancing national security with constitutional rights, and when any government makes citizens give up their rights for national security, it is wrong. The government should have the tools to stop terrorism, but it must stay balanced with the rights of its citizens, Dodd said.

Sen. Kit Bond (R-Mo.) said the Senate Committee on Intelligence oversees the use of wiretapping to make sure it does not violate citizens’ rights. But Senate intelligence briefings do have to stop at a certain point, Bond said, or otherwise too much will be revealed. The telephone companies are being “good patriotic Americans” and should be protected.

GOP Pen and pad

House Republican leaders Rep. Roy Blunt (R-Mo.) and Rep. Adam Putnum (R-Fla.) briefed reporters this afternoon at their weekly pen and pad briefing. Paramount to their discussion was the high cost of fuel which has dominated discussion on Capital Hill for the past few weeks.

Both Blunt and Putnam pointed to Rep. Gene Green (D-Tex.) as an example of Democrats not doing anything on high energy costs. Green today had said on the House floor “we need answers and not just slogans.” Blunt has told his members of the Republican Caucus that they should “talk about the issue of energy until they are blue in the face.”

Referring to the recent Medicare vote which passed the House, Blunt said “the Democrats did a great job where you had an active group of doctors and pharmacists.” But Blunt added that President Bush still has pull on Capital Hill. “I think on matters such as FISA and national security he still has got some pool,” said Blunt. Blunt, however, added that it is the threat of a presidential veto that has the strongest pull.

On the Supreme Courts decision today to overturn Washington D.C.’s hand gun ban the Minority Leader told reporters that there currently are no plans to do anything federally. Blunt added that he and Putnam would welcome any hearings on the issue of guns but joked “I doubt they’ll do that,” said Putnam.

House leadership discusses new FISA passage

House Majority Leader Steny Hoyer (D- Md.) and House Minority Whip Roy Blunt (R- Mo.) held a press conference discussing the successful bipartisan passage of a new FISA (Foreign Intelligence Surveillance Act).

Leader Hoyer emphasized that the new FISA will protect Americans while protecting their civil liberties as well. He said that under the new FISA, immunity for telephone companies alleged for “wiretapping” under the previous bill would be decided by courts, and that they would have to now have to “be sure to dot their ‘i’s’ and cross their ‘t’s” when listening in on phone conversations.

Congressman Blunt said that the bill will force America’s enemies to “think” before deciding to spy on our government, adding that the bill will protect America both domestically and abroad. Blunt stressed that the new bill is “not a form of domestic wiretapping,” and will be used to target “foreigners in foreign countries.”

White House Briefing

Briefer: Dana Perino

White House press secretary Dana Perino briefed the press on the president's radio address which will focus on the administration's priorities for Congress. She specifically mentioned the war supplemental funding, the GI bill, the FISA legislation, the Colombia Free Trade Agreement, and the approval of Steve Preston to be the new secretary of the Department of Housing and Urban Development.

The president will be giving the commencement address at Furman University in Greenville, South Carolina. Perino said that the speech will focus on the culture of responsibility and the importance of volunteering and serving in the military.

The main topic for questions was the book of former White House press secretary Scott McClellen which alleges "a culture of deception" in Washington and in the White House in particular during the run up to the Iraq war. Perino said that the president has not read the book and she has not discussed it with him. She said that the White House will continue to push back against the premise of the book that the White House communications department mislead the public as the administration approached the Iraq war.

In response to a question about the allegations that a Commerce Department laptop was hacked into during a trip to China, Perino said that the White House does not comment on on going investigations but that it has taken all measures to protect against cyber attacks, including international trips where White House staff are prohibited from brining Blackberry phones.