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Or, still yet, whether the president has the authority to detain where congress has specifically deprived him of that authority. that is a different question indeed. >> let's talk about that for a moment because that's something that i had something to do with, and that is expanding the exclusivity portion of the foreign intelligence surveillance act to say that the executive authority may not exceed in statute -- >> elena kagan being questioned on an important issue of executive power and how it makes its way into terrorist cases. let's check in at the moment with jeff sessions, the ranking r...

Frankly, i think it wouldn't hurt to pick up the phone and call general mcchrystal. the commander on the ground. because one of the things we've found in guantanamo, as people have been released there, decision being made there, this person is no longer dangerous, and then we discover from the commanders on the ground that that person shows up in the fight again. and turned out the judgment that they are no longer dangerous was not true. so, to say, well, the attorney general gets to decide this all by himself, is an abrogation, i think of the overall responsibility of the administration, to t...

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