When I rose to prosecute my first court martial 50 years ago, I had in my hand a copy of the manual with the constitution as an annex. Somebody had underlined the military clauses such as that giving Congress the power to define and punish offences against the law of nations, to make rules concerning captures on land and water, and rules for the government and regulation of the land and naval forces. Indeed, regulars used to refer snidely to reservists such as myself as "gentlemen by act of Congress". In the face of that, how can a lawyer say Congress cannot regulate interrogation?
Detlev Vagts, Bemis Professor of International Law, Harvard Law School, Cambridge MA 02138, US
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