Mukasey Calls On Congress To Clarify Detainee Rights

Attorney General Michael B. Mukasey called on Congress Monday to pass legislation governing how detainees held at Guantanamo Bay should be given their day in court.

In a speech at the American Enterprise Institute, Mukasey said it should be the job of the legislative branch, not the courts, to determine how the prisoners are tried.

"With so many cases, there is a serious risk of inconsistent rulings and considerable uncertainty," Mukasey said.

Last month the Supreme Court ruled that detainees held at the U.S. military facility in Cuba have the right to challenge their detention in civilian courts.

A former federal judge himself, Mukasey said that without a uniform standard, the likelihood of numerous lengthy appeals could delay the proceedings.

"It hardly takes a pessimist to expect that, without guidance from the Congress, different judges on even the same court will disagree," he said.

Mukasey said Justice Department lawyers are ready to work with Congress to quickly devise a new law. A federal court in Washington is already working to devise ground rules for hearings of the suspected Al Qaeda and Taliban fighters captured by the U.S.

However, in a presidential election year and with precious few legislative days left, it appears highly unlikely that congressional Democratic leaders would head Mukasey’s call.
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