Today's WSJ has an op-ed by U.S. Attorney General Michael Mukasey that addresses similar issues to the speech he was delivering last night at the Federalist Society's Annual Lawyers' Convention before he was incapacitated. Among other things, he called upon Congress to enact new legislation concerning the treatment and trial of detainees in accordance with the following principles:
First, Congress must make clear that release from the Guantanamo Bay military base does not mean that a detainee is entitled to enter the United States. Where a court finds that a detainee cannot be held as an enemy combatant, he should be returned to his home country or another country willing to receive him. He should not be permitted to jump the immigration line and enter this country.
Second, habeas corpus proceedings must protect the integrity of classified information and prevent disclosing that information to our enemies. Simply put, Congress should devise rules that allow the government to present the most highly classified information to the courts for their sole review. . . .
Third, Congress should establish sensible and uniform procedures that will eliminate the risk of duplicative efforts and inconsistent rulings, and strike a reasonable balance between the detainees' right to a hearing and our national security needs. Such practical rules must assure that court proceedings do not interfere with the mission of our armed forces.