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Capricious, ash tear or made sense. The Supreme Court in boumedin struck it down saying it was not an adequate substitute for habeas. Thats correct, senator. Your role was to find out a way to engage congress on the Detainee Treatment because it was your view that congress, being involved, would strengthen the president s hand . As a lawyer . Yes. I was not a policymaker but i did advise. As a lawyer. As did many others. There were very other many fine lawyers, too, senator, who advised the administration that Engaging Congress would be a good idea, because we had read our youngstown and our j...

Government has more interest as the baby develops, is that fair to say? >> that was the scheme set forth. >> i think medical viability was the test that the court used. >> well, that's the test that the court came around and applied in casey, in 1992. >> okay. >> and viability became more of the touchstone rather than a rigid -- >> is it fair to say that medical viability 1992 may be different than it is in 2022 medically? >> senator, i'm not a scientist or a doctor. >> i would suggest that medical viability may change as science progresses, so you may have people coming in and saying in light...