This time he inserted the tube into Ahmed's right nostril. Ahmed's hands and feet pushed instinctively against the restraints as he felt the tube penetrating his nose, throat and finally his stomach, which gave him the urge to vomit. Ahmed choked, tried to breathe, and, in his panic, began to hyperventilate. There was a fire in his chest.

"You must calm down," said the nurse. "We're not going to hurt you."

"You're hurting me now," Ahmed gasped. "I can't, I can't breathe."

"Calm down and breathe normally."

Ahmed tried to calm himself down. He went to the place where he always went when they tortured him. The place where he and Catherine, Cameron and Karen were free to laugh and play together. He dreamed of them holding hands, strolling the deserted beach below the cliffs of Shoreline Park. They used to go there and sit for hours, watching dolphins swim by and listening to the sea lions bark. As he dreamed, he began to breathe in and out of his mouth and his respiration calmed. He imagined being in the park with the kids, and pushing them in their swings as they called out, "Higher! Higher!"

Ahmed choked as the liquid passed through the tube and into his stomach. He sat there, immobilized, for about 20 minutes for the feeding, but for Ahmed it seemed an eternity. When the nurse finally pulled the tube out, the experience of removal was almost as bad as the insertion, giving Ahmed the urge to vomit. The nurse stuffed Ahmed's bloody right nostril with gauze. As Ahmed choked and sputtered, the nurse put a mask over his face, and he threw up in the mask, covering his face with his own vomit.

Brent placed a luscious bite of lobster thermidor in his mouth, savoring the creamy mixture. Debbie the "blonde bombshell" looked on affectionately.

"This beats the airline food I've been on lately."

"I should say. Do you have to go back to that place?"

"Only if the judge holds an evidentiary hearing. I'd want to go and depose witnesses to preserve their testimony."

"So what's the next step?"

"We file the habeas petition, the Government files an opposition, and we try to get him tried in District Court or released."

Debbie's home cooking was great, but the company was even better. As the candles dwindled, they drained the bottle of Pinot Grigio. Brent's thoughts drifted to Ahmed. It's true that life is a balance between hardship and joy. Everybody suffers. But in Ahmed's case the balance was decidedly tipped toward suffering, and the joy was only in his memories.

CHAPTER NINETEEN.

Thomas Jefferson said in his inaugural address that "habeas corpus secures every man here, alien or citizen, against everything which is not law, whatever shape it may assume."

Finally, one month after the filing of his petition, and after two months in custody, Ahmed would have his day in court. The only difference is that he would not be there.

Built in 1940, the U.S. Courthouse in Los Angeles was a granite and terra cotta masterpiece of art deco architecture. Judge Henley's courtroom on Spring Street was paneled in dark wood, with strips of travertine marble in between the panels and high ceilings. Two counsel tables on the left and right were joined at the middle by a speaking podium. There was a vast no man's land between the counsel tables and the clerk's table, which was situated just below the judge's lofty bench. The jury box was on the right, a table for the judge's clerks on the left, and the seating gallery had church-style wooden pews.

U.S. District Court Judge Matthew Henley was a former U.S. Attorney who had a stellar prosecutorial record. He was known as a judge who was tough on crime. Federal judges are appointed, not elected, so, once in their seats, they have no reason to bend to popular opinion. Henley was no exception. He was tough on crime because he thought that judges should be tough on crime.

Brent was hoping that, with his experience, Judge Henley would be so offended by the lack of due process that had been afforded a fellow citizen, no matter of what crime he had been accused, that he would not let his feelings about crime deter him from doing what was right. Brent was encouraged that the judge did not decide the petition without a hearing. This probably meant that he wanted to hear argument. So far, however, even on the day before the hearing, there was no indication that he had made any tentative ruling on the petition.

Upon Brent's arrival to the courtroom, he first noticed his opponent, Stephen Gray, of the U.S. Attorney's office, frustratingly going over his notes, looking defeated. That was a good sign. Brent found the judge's tentative ruling on the counsel table, checked in with the clerk, then started to read the tentative. Judges seldom change their minds after issuing a tentative ruling but Judge Henley would give the lawyers their say in trying to convince him to change his mind.

Brent sat in the wooden pew in a half-filled courtroom, reading the tentative. It was a landslide victory. Henley ruled that Ahmed's confession was coerced, in violation of his Fifth Amendment privilege against self-incrimination and his Sixth Amendment right to counsel, since his pleas for speaking to his lawyer had been ignored, as well as a denial of his right to habeas corpus under the Habeas Corpus Suspension Clause of the Constitution. As such, the confession could not be used to determine that he was an enemy combatant that the military could hold without charge.

He noted that "the Government's position that the Constitution had no effect at Guantanamo Bay caused great separation-of-powers concerns, and that, the president was not allowed to simply 'turn the Constitution off' simply because Guantanamo, which had been under U.S. control for over 100 years, was in a foreign country. This ruling, if allowed to stand, would direct the issuance a writ of habeas corpus to Guantanamo Bay prison, releasing Ahmed to the U.S. Marshal, where he would be held in California, pending the Government charging him within the next 72 hours. If they failed to charge him with any crime, he would be released.

Brent went over his speaking notes while trying to ignore the proceedings that were going on with other cases on the judge's calendar. No matter how many times he had done this for over 18 years, the adrenalin always flowed at top capacity in anticipation of speaking. Sometimes the judge let you speak, sometimes it turned into a Q&A, and sometimes it amounted to an intellectual game of chess between two jurists: a sort of intelligence-pissing contest with the deck stacked in favor of the court.

The law is logical and is based on common sense. The trick was to argue the law in favor of your particular point of view without sounding biased. It was kind of like a magic trick: the best illusionist being the one who can best manipulate the logic to his or her advantage, all the while giving the illusion of impartiality.

Judge Henley's clerk called the case, and Brent stepped up to the podium, his heart pounding with the knowledge that, whatever he said or did not say may make a difference in whether Ahmed was set free or spent the rest of his life in detention. Stephen Gray followed Brent and weighed in for the match, equally burdened with the onerous responsibility of upholding the war on terror.

"Mr. Gray, the tentative is against the Government, so I would like to hear from you first," said Judge Henley. "I know I shouldn't have to say this, but I've read the petition and the opposition, and what I really want to hear is what is not in the moving or opposing papers."

"Yes, Your Honor. I don't have to remind the court that, on September 11, 2001, the United States of America was viciously attacked by al Qaeda, whose attack on New York City killed over three thousand innocent people. The Authorization for Military Force that was issued in response to this attack is a Congressional Act which gives the president the power to detain any individual who is part of forces associated with the Taliban or al Qaeda in order to defeat this terrorist threat to our nation.

"The Government has shown that it is more likely than not that Mr. Khury has materially supported al Qaeda's money laundering operation, which gives it the right to detain Mr. Khury. In his order, President Bush has determined that Mr. Khury is an enemy combatant, engaged in conduct preparing for international terrorism aimed at the United States, and represents a present and continuing danger to national security. This power gives the president the right to hold Mr. Khury until such time as hostilities in Iraq have ceased."

"Mr. Gray," said the judge, interrupting. "You stated that the Authorization for Use of Military Force is a Congressional Act. If so, the Non-Detention Act would not apply in this case. I'm not convinced that the Authorization for Use of Military Force is a Congressional Act. Convince me."

"Your honor, the United States Supreme Court, in Hamdi v. Rumsfeld, held that the Authorization to Use Military Force was, indeed, a Congressional Act, and that the detention of an individual designated as an enemy combatant did not violate the Anti-Detention Act."

"Please proceed Mr. Gray."

"Your Honor, the Defense Department has established Combatant Status Review Tribunals to determine whether individuals detained at Guantanamo are enemy combatants. That determination was made in Mr. Khury's case."

"But, Mr. Gray, the Tribunals are established by the military. Therefore, they exist under the President's Article I authority. They are not Article III courts."

"I understand that, Your Honor, but, the Detainee Treatment Act of 2005 gives the D.C. District Court exclusive jurisdiction to review Tribunal decisions. With all due respect, Your Honor, this Court does not have jurisdiction.

"Even if this Court did have jurisdiction, Your Honor, the decisions of the D.C. Circuit Court of Appeals which are cited in my briefs, and which leave individual cases to be resolved according to their circumstances, clearly support the Government's contention that the Authorization for Military Force authorizes the detention of not only those who are part of al-Qaeda and the Taliban, but those who purposefully and materially support them.

"This is what the Government has alleged against Mr. Khury. Al Qaeda, the Taliban, and associated forces still pose a grave threat to national security, and the Authorization for Military Force still empowers the president to address the continuing threat posed by these groups."

CHAPTER TWENTY.

Ahmed's mind drifted to the federal courtroom in California and he imagined what was going on there, as the guard opened the food port, or "splash box" in his small cell, slid in a tray, and then locked the port. Today was the most important day of his life, and the last thing he could think about was food. On top of that, it had been only one day since he had been released from the force-feeding program. His nostrils were sore, his throat bruised and scratched, and his stomach was churning with acid. His chest was burning, he was hot, and sweating profusely. Nevertheless, he scooped up as much as the gruel as he could, swallowing it as fast as he could, which was probably a mistake, because, after he did, he felt the instant urge to throw up.

Ahmed's two weeks on the force-feeding program had turned him into a virtual skeleton. The last thing he had expected that day was a visit from Sergeant Brown, who entered the cell just as Ahmed was throwing up in the toilet.

"Wassa matter A-hab? Not happy to see me?"

"Of course, Sergeant Brown, I'm always happy to see you," said Ahmed, wiping the vomit off his lips with the back of his hand.

"You know, you can't avoid eating by pretending you're bulimic."

"Sergeant Brown, I swear, I just got sick. I have no reason to refuse food."

"You think your fancy lawyer's gonna get you outta here A-hab? You ain't never leavin' our country club."

"Whatever you say, Sergeant Brown."

"And don't worry about your lunch, we have a special menu, just for you."

"No Sergeant Brown, please! I'll eat another tray of regular food, please, sir!"

Brown grinned, turned and left, slamming the solid steel door behind him. Dostoyevsky said, "People sometimes speak about the bestial cruelty of man, but that is terribly unjust and offensive to beasts, no animal could ever be so cruel as a man, so artfully, so artistically cruel."

Judge Henley turned the podium over to Brent, but not until he had thrown his planned speech off with a poignant question. "Mr. Marks, Mr. Gray raises a very important issue. Why do you think this Court has jurisdiction in this case? Why should this petition not be heard by the D.C. Circuit Court in accordance with the Detainee Treatment Act of 2005, as the Government asserts?"

"Your Honor, the Detainee Treatment Act, although relevant to the horrendous torture that Mr. Khury has endured during his military detention, has provisions that limits relief to aliens detained at Guantanamo. The Supreme Court has just held in Boumedine vs. Bush that detainees need not seek review of their Tribunal decisions in the D.C. Circuit as a prerequisite to proceeding with a habeas action in District Court. Mr. Khury is a United States citizen, not an alien, and, as such, he has an undeniable right to have his case heard by an Article III court, not a military tribunal. Being a resident of Southern California, that is your court, Your Honor."

"Thank you, Mr. Marks, please proceed."

"Thank you, Your Honor. For over two centuries, through times of war and times of peace, the Bill of Rights to the United States Constitution has guaranteed that nobody would be deprived of liberty without due process of law. As the Supreme Court noted in Boumediene vs. Bush, "Security subsists infidelity to freedom's first principles. Chief among those is freedom from arbitrary and unlawful restraint and the personal liberty that is secured by the adherence to the separation of powers."

"Yet, for over two months, the Government has held Ahmed Khury in captivity, without alleging that he has taken up arms against the United States; in fact, it has not charged him with anything. The sole reason given for his indefinite detention is the executive's belief that he can seize and detain him indefinitely on the allegation that he is an enemy combatant.

"Even assuming the Government's allegations are true, that Mr. Khury has indeed assisted with a money laundering operation to benefit al Qaeda, albeit based on a coerced confession, which I will discuss later, this allegation, however serious, is not enough to make Mr. Khury an enemy combatant. He has never taken up arms against the United States nor has he assisted any person to do so. Mr. Khury has never been given the opportunity to dispute his enemy combatant status in an Article III court, and he should be allowed to do so with full criminal process."

"Whether the Detention Act applies or not, the fundamental notion of due process is at the heart of our nation's foundation as a nation of laws. If we cease to follow the law, the United States will also cease to be a nation of laws. Therefore, we can't really entertain a discussion of whether or not Mr. Khury is an enemy combatant without discussing the more important issue of due process.

"The Supreme Court, in Hamdi v. Rumsfeld, held that a citizen being accused of a being an enemy combatant is entitled to full notice of the factual basis for this determination and a fair opportunity to rebut the Government's case before a neutral decision maker."

"Mr. Marks, wasn't the Supreme Court's ruling in Hamdi v. Rumsfeld limited to the case of a U.S. citizen held on American soil?"

"Your Honor, it is true that the Hamdi case concerned a citizen held on U.S. soil, but, in the case of U.S. citizens, whether they are held by the military on U.S. soil or by the military in a foreign country, they are still entitled to the basic due process rights of notice of what they are being held for and an opportunity to be heard to challenge that charge. President Bush has adopted the belief, however ill-advised that may be, that the executive can put anyone he determines is an enemy combatant in military detention, without ever giving them a trial. This is not consistent with due process."

"But, Mr. Marks, the USA Patriot Act authorizes detention of a suspected terrorist without charge, does it not?"

"Yes, Your Honor, but not indefinite detention. That's the difference here. My client has been detained indefinitely without due process. There have been no formal charges levied against him, nor has he had the right to be heard in a court of law regarding the sufficiency of those charges. He should be charged, and given the opportunity to face those charges, or he should be released."

As the arguments continued in federal court, Corporal Reeding and his force-feeding team came to collect Ahmed from his cell.

"Please, Corporal Reeding, I was just sick. I will eat, I really will!"

"Sorry Ahmed, we have our orders."

"No! No!"

The members of the detail shackled Ahmed's ankles and hands, hooded him, and dragged him out of his cell for the long walk to the force-feeding area. Ahmed's nasal passages and throat, already swollen and scraped from two weeks of force-feeding, were about to undergo another full frontal assault.

Corporal Reeding strapped Ahmed into the force-feeding chair, and the nurse lubricated the tip of the feeding tube with olive oil, as usual, and then shoved the tube into an unwilling Ahmed.

The nurse had difficulty with the tube, and Ahmed coughed it up twice. Finally, the nurse forced the tube down Ahmed's right nostril, which caused another bout of coughing. His chest was on fire, and he felt that the tube was not reaching his stomach.

"It's not in right! I feel like the tube is at the bottom of my throat!" Ahmed pleaded with the nurse, who replied, "It's just fine, don't worry," and proceeded to drip in the solution.

Ahmed choked. He felt like he was drowning. He tried to speak, but he couldn't. He felt as if he would pass out, and finally coughed up a pink solution of Ensure mixed with blood.

"Stop the procedure!" said Reeding. The nurse looked up in shock, and removed the feeding tube from a sputtering Ahmed, whose body then went limp.

At the end of the arguments, Brent was not sure if Judge Henley had been convinced to stick with his tentative or not. He, Ahmed and Catherine would have to wait for the judge to reflect on the arguments and render his written decision.

Corporal Reinhart, a 22-year-old from Macon, Georgia, looked into the portal of Ahmed's cell on a routine check and saw Ahmed hanging naked from the wire mesh ceiling by his jumpsuit. The Corporal sounded the alarm, and Sergeant Brown came running.

"What is it Corporal?"

"It looks like the Haji hanged himself, sir."

Brown unlocked the steel door and cut Ahmed down while Corporal Reinhart held his limp body. Ahmed's face was pale.

"Go get the doctor!" yelled Brown, as he checked Ahmed's pulse.

CHAPTER TWENTY-ONE.

The very evening of the same day in court, Judge Henley issued a writ of habeas corpus to "produce the body" of Ahmed Khury. The sorry detail was that the body of Ahmed Khury was no longer alive. The Naval Criminal Investigative Service (NCIS) had already issued a report calling it a probable suicide and an autopsy had already been performed under NCIS's orders.

Brent was the first to be informed of his client's demise. The news came in an early morning phone call from Stephen Gray.

"Brent, it's Stephen Gray."

"Stephen, did you see the ruling?"

"Yes, I did, but that's not why I called."

"Why then?"

"Brent, I don't know how to tell you this, so I'll just say it. Your client was found dead this morning in his cell."

"Found dead? What does it mean, found dead?"

"NCIS is calling it an apparent suicide."