Reply #8: They're trying to use Hamdi to get around that.

[Vyan]

Gonzales argument is that Congress exercized it's ability to temporarily suspend Habeas Corpus during Wartime when it passed the AUMF.

Under Article I, Section 9 - which set limits on the Powers of Congress

"The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

SCOTUS essentially agreed with Gonzales when they granted that the AUMF allowed Hamdi to be declared as an "Enemy Combatant" which would violate his 4th Amendment rights. But again, the SCOTUS also required that this be REVIEWED BY A COURT, and that's where Gonzales runs out of legal alleys to duck into. He's cornered. Trapped. Like a Rat.

Under Gonzales own logic, a Judge has to review the "enemy combatant" decision - therefore FISA should be allowed to reviewing the NSA wiretaps and failure to do so is violation of the law. Fives years for each offense.

Vyan