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The Government’s argument in this case has no logical stopping point. If there is no right to civilian review, the government is free to conduct sham trials and condemn to death those who do nothing more than pray to Allah. … The United States justifies much of its position by focusing on the President’s military responsibilities and this Court’s limited role in that arena. Amicus agrees with many of these claims and does not question the President’s ability to detain enemy combatants until the cessation of hostilities when the Executive Branch deems it appropriate. However, when the President sets up a parallel system of justice off the battlefield to try crimes, that action does not fall within the President’s defense function. Permitting those targeted by military commissions to file habeas petitions would not threaten the President’s responsibility to protect the nation because the President would always retain the detention power. It is only the far broader step, sought by Petitioners, to permit Article III courts to become forums for en masse Bill-of-Rights challenges to detentions that may conceivably do so. This Court can reject that broad step, but still permit the filing of habeas petitions that challenge the jurisdiction and lawfulness of a military commission, without restricting the President’s defense responsibilities at all.

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