non-citizen soldier/fighter brought suit in a U.S. court. Alito was asked whether any enemy prisoner of war ever brought a federal habeas corpus case. There were two cases, the Six Saboteurs, Ex parte Quirin where even U.S. citizens are not entitled to federal courts but allowed only military tribunals. Then the second case involving six Germans caught assisting Japanese (Johnson v. Eisentrager) who were sent to Germany; they brought an unsuccessful habeas corpus case. They were held "not [in] U.S. territory". Graham said, "We don't let people trying to kill us sue us." Alito said that "[he] wouldn't put it" so strongly. Alito said that we also need to take note of Ex Parte Milligan from the Civil War. Senator Graham disagreed. Alito agreed with Senator Graham that the military has expertise on who is and who is not a prisoner of war. However, the treatment of detainees, according to Graham, is a different matter. Senator Graham asked whether Alito is proud of the fact that the USA is a signatory to the Geneva Convention. Graham asked whether if someone were caught whether here or abroad a la Hamdan the Geneva Convention would give the prisoner a private right of action. Senator Graham pointed out that where he differed from some others is on the question of torture. Graham asked whether any President can disregard the federal statute against torture—making it a crime—even in war. Alito said "No person in this country is above the law. And that includes the President and it includes the Supreme Court." On the question of what a Strict constructionist is, Alito again agreed with Senator Graham, stating it was a judge who did not make it up. Senator Graham asked whether a President who interprets the Congressional authorization for the Use of Force as giving him the right to wire-tap without getting a FISA warrant is ... Senator Graham said that his point a la Justice Jackson (in the Youngstown Sheet & Tube v. Sawyer case) was not aimed at Alito but "at the audience". Senator Graham is worried about the "chilling effect" of a President who goes too far, leaving Congress gun-shy about granting the executive branch the "Use of Force" (i.e. declining to pass a War Resolution). Graham hinted at the 60-vote requirement for breaking a so-called filibuster (actually invoking cloture). Alito did not take the bait over whether any statute or