Breyer Pokes Holes In U.S. Government Guantanamo Argument

TheStar.com - Top U.S. court hears Guantanamo appeal

Justice Stephen Breyer summed up the government's argument against Hamdan, who faces a single conspiracy count: "You want to try a war crime. You want to say this is a war crimes tribunal," Breyer said. "One, this is not a war, at least not an ordinary war. Two, it's not a war crime because that doesn't fall under international law. And three it's not a war crime tribunal or commission because (there is) no emergency." "If the president can do this, well then he can set up commissions to go to Toledo, and in Toledo pick up an alien and not have any trial at all except before that special commission," Breyer said.