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Transcripts for FOXNEWS Americas Newsroom With Bill Hemmer Dana Perino 20220322 14:27:00

So detained could file a legal challenge. they had habeas rights. as you know, habeas is in the constitution. in 2005, i joined the federal public defenders office and those cases started coming in. the requests from detainees asking for legal representation consistent with our constitutional theme to have help to file their habeas petitions. this was very early in the days of these kinds of legal actions. there was a lot unknown about what these petitions could look like, what arguments could be made and considered by the court and perhaps most importantly what the facts were related to any of these individuals, because almost everything was classified. so defense counsel was getting these people in with no ....

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Transcripts for MSNBC Jose Diaz-Balart Reports 20220322 14:56:00

Make under current law? 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. so the law is the executive branch determines if you re an enemy combatant, and under our law you can appeal that decision through habeas, is that correct? i believe that s correct. is it your view that we can hole enemy combatants as long as they are a threat to the united states? i believe that s what the supreme court has determined. okay. did you argue that that should not be the case before in an amicus brief? i m trying to think. i had two amicus briefs that i ....

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Transcripts for MSNBC Andrea Mitchell Reports 20220322 16:21:00

Other question and forgive me for interrupting. there s such a thing as a judicial filibuster too. trying to get to the point. i don t know you well but i ve been impressed by our interaction and you ve been gracious and charming. why in the world would you call secretary of defense rumsfelled and george w. bush war criminals in a legal filing? it seems so out of character for you? senator, you are you talking about briefs or habeas petitions i filed? i m talking about when you were representing a member of the taliban and the department of defense identified him as an intelligence officer for the taliban and you referred to the secretary of defense and the sitting president of the united states as war criminals. why would you do something like that? it seems so out of character? well, senator, i don t remember that particular ....

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Transcripts for FOXNEWS Americas Newsroom With Bill Hemmer Dana Perino 20220322 14:56:00

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. ....

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Transcripts For MSNBCW Andrea Mitchell Reports 20220322

0 of marriage, correct? i am aware there are various religious faiths that define marriage in a traditional way. do you see that when the supreme court makes a dramatic pronouncement about the invalidity about state marriage laws, it will inevitably set in conflict between those who ascribe to the supreme court s edict and those who have a firmly held religious belief that marriage is between a man and a woman? well, senator, these issues are being litigated, as you know, throughout the courts i as people raise issues and so, i m limited in what i can say about them. i m aware there are cases i m not asking you to decide a case or predict how you would decide in the future. i m asking isn t it apparent that when the supreme court decided something that is not even in the constitution is a fundamental right and no state can pass any law that conflicts with the supreme court s edict, particularly in an area where people have sincerely held religious believes, doesn t that effec ....

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