The Supreme Court last week agreed to review whether the President has the power to hold Yaser Hamdi, a U.S. citizen captured in Afghanistan, without charges or the right to consult a lawyer--as he has been held for two years in a naval brig in South Carolina. Now, sources tell TIME, five of the Pentagon's own lawyers, from its Office of Military Commissions, plan to file a Supreme Court brief challenging Bush's authority to try foreign nationals held at Guantanamo Bay in military tribunals only, barring their access to federal court.
The lawyers plan to file a friend-of-the-court brief in Odah...
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