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Bush law chief seeks conflict declaration on al Qaeda
(Agencies)
Updated: 2008-07-22 10:24

Mukasey spoke as the first US war crimes trial began at the US Naval base in Guantanamo Bay, Cuba, where prisoners are held in a detention center condemned internationally for harsh treatment. The Supreme Court's decision on detainee rights did not invalidate trials for those already charged.

The attorney general said the administration already has the authority to detain suspected terrorists. But he said, "It would do all of us good to have the principle reaffirmed, not that that principle itself is in doubt."

A week after the September 11, 2001 attacks, Congress authorized "all necessary and appropriate force" against nations and groups that planned or supported the attacks. It did not specifically mention al Qaeda, which carried out the attacks, or their Taliban allies.

Some critics have said the Bush administration was too broad in asserting a nameless "war on terrorism."

Detainee Challenges

Mukasey's proposals would also limit the courts' role in determining a suspect's ties to terrorism, said Vincent Warren, executive director of the Center for Constitutional Rights.

He said the proposals would sidestep earlier court rulings and predicted more administration legal defeats. "This will be the third time, after a very clear Supreme Court ruling on what the law is, that Congress has been called upon to ... stack the deck in favor of the administration," Warren said.

But Mukasey said new rules were needed to establish an orderly process for challenges and end delays in trying those already charged. White House spokeswoman Dana Perino said the latest Supreme Court decision "actually raised a lot more questions than it answered."

The Democratic US Senate leader, Harry Reid of Nevada, said it would be hard to pass Mukasey's proposals before US President George W. Bush leaves office next January.

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