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2004 ABA Annual Meeting, Section of Litigation, August 5-8, 2004: Marbury v Madison II – The President’s Power to Detain and Prosecute Prisoners in the War on Terrorism 1 Setting the Stage for the Supreme Court’s Decisions in the Detainee Cases Warrington S. Parker, III Samuel Ernst Timothy McMichael Heller, Ehrman, White & McAuliffe, L.L.P. Introduction On November, 13, 2001, in response to the September 11, 2001, attacks on the United States, President George W. Bush issued an Executive Order (...

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