Bush's Power to Plan Trial of Detainees Is Challenged
By NEIL A. LEWIS

Published: January 16, 2004 - New York Times

"WASHINGTON, Jan. 15 — Five uniformed military lawyers assigned to defend detainees at Guantánamo Bay, Cuba, have filed a brief with the Supreme Court, challenging the basis of President Bush's plan to use military tribunals without civilian court review to try some of the detainees there.

In their 30-page brief, filed late Wednesday, the lawyers assert that President Bush worked to "create a legal black hole" and overstepped his constitutional authority as commander in chief in the way he set up the program for military tribunals,

"Under this monarchical regime, those who fall into the black hole may not contest the jurisdiction, competency or even the constitutionality of the military tribunals," the defense lawyers wrote. "