I posted this on their blog a few times during Hour Two and he mentioned it in Hour Three and gave credit.
:hi:
http://msnbc.msn.com/id/5175105/site/newsweek/site/newsweek /
June 9 - Justice Department lawyers, fearing a crushing defeat before the U.S. Supreme Court in the next few weeks, are scrambling to develop a conventional criminal case against “enemy combatant” Jose Padilla that would charge him with providing “material support” to Al Qaeda, NEWSWEEK has learned.
....
The reassessments of Padilla come amid a growing sense of gloom within Justice that the Supreme Court is likely to rule decisively against the Bush administration not just in the Padilla case but in two other pivotal cases in the war on terror: one involving the detention of another “enemy combatant,” Yasir Hamden, and another involving the treatment of Al Qaeda and Taliban prisoners at Guantanamo Bay, Cuba. In the Padilla and Hambdi cases, the administration is arguing it has the right to hold the two U.S. citizens indefinitely without trial. In the Guantanamo case, the administration argues that foreign nationals being interrogated there there do not have the right to challenge their detention in federal courts.
Lawyers within the Justice Department are now bracing for defeat in both the enemy-combatant and Guantanamo cases, both of which are expected to be decided before the Supreme Court ends its term at the end of the month, according to one conservative and politically well-connected lawyer. “They are 99 percent certain they are going to lose,” said the lawyer, who asked not to be identified. “It’s a very sobering realization.”
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