You had to know this would be coming. Now lets see how those "activist" judges the Republicans love to rail against decide.
Attorneys for 25 men being held in Afghanistan launched a pre-emptive strike Monday against President Bush's plan to prosecute and interrogate terror suspects.
Court documents filed Monday demand that the men be released or charged and allowed to meet with attorneys. Such a filing, known as a habeas corpus petition, is prohibited under the legislation approved by Congress last week.
That bill says the military may detain enemy combatants indefinitely and, if officials choose to bring charges, the cases would be heard before a military commission, not a civilian judge.
Bush has not signed the bill but expects to soon. Supporters say it's a necessary tool in the war on terrorism.
Monday's filing initiates what is likely to be a drawn-out legal fight similar to the one over detainees at a military prison in Guantanamo Bay. Detainees there have dozens of petitions pending. Read on...