an enemy combatant. >> well, i believe they make a decision. under current law, i believe that determination is made by the executive branch and the person is put into -- is detained and then the question becomes whether they are able to bring some sort of legal challenge to that. >> they have the habeas right. the law is that the executive branch determines if you are an enemy combatant and under our law, you can appeal that decision to a federal court through habeas, is that correct? >> i believe that's correct. >> is it your view that we can holden me combatants as long as they are a threat to the united states? >> i believe that's what the supreme court has determined. >> did you argue that that should not be the case before in an amicus brief? >> i am trying to think.