AG asks Congress to write lawfare rules

Washington Post:

Attorney General Michael B. Mukasey this morning urged lawmakers to step into the debate over how the U.S. legal system should handle claims by detainees at the U.S. naval facility in Guantanamo Bay, Cuba, beseeching Congress to help answer difficult questions about the rights that should be afforded to hundreds of enemy combatants.

At a speech in Washington, Mukasey raised several critical issues left unanswered by a Supreme Court ruling last month that gave more than 260 terrorism suspects the right to challenge their detention in American courts.

The attorney general entreated Congress to develop rules for handling classified information in the forthcoming court proceedings, lest they become "a smorgasbord of . . . information for our enemies." He also asked lawmakers to prohibit detainees whose home countries would not accept their return from being released inside the United States.

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Making Congress take ownership of the problem rather than being a critic may cause some seriousness that has been lacking about this problem.