When President George W. Bush and his lawyers were insisting the commander in chief had the sole power to run the new "war on terror," Judge Diane Wood sharply criticized that view.

Wood, now on President Obama's list as a possible Supreme Court nominee, wrote in a 2003 Chicago law review article that "in a democracy, those responsible for national security must do more than say ‘trust us, we know best.' " Secret prisons and secret evidence do not comport with the rule of law, she said.

When the Bush administration argued that a Chinese Muslim could be held indefinitely as a Guantanamo Bay prisoner because he had gone to Afghanistan and may have "associated" with the Taliban, Judge Merrick Garland disagreed.

Garland, also on Obama's short list for the Supreme Court, wrote two years ago for the U.S. Court of Appeals in Washington that "Lewis Carroll notwithstanding, the fact that the government has ‘said it thrice' does not make the allegation true." There was no evidence that the Uighurs were "enemy combatants," he said.

A U.S. senator urged the State Department on Monday to deny entry to the United States for all Russian officials allegedly responsible for the prison death of a lawyer.

Sergey Magnitsky died in November after spending almost a year in jail. He was awaiting trial on tax-evasion charges linked to his work with a British investor barred from Russia because of allegations he was a security risk.

Sen. Benjamin Cardin, D-Md., released a letter he wrote to Secretary of State Hillary Rodham Clinton asking her to deny entry to the United States of several senior officials from the Russian Interior Ministry, the Federal Security Service and the Federal Tax Service.

Magnitsky's colleagues and attorney believe the public officials listed by Cardin were involved in the lawyer's death.

"We can take the concrete action to ensure those public officials and others who share responsibility for this crime should be denied entry visas to the United States," Cardin wrote. "Since the death, a number of prison officials have been fired, but no one has been prosecuted for his torture or death, nor for participating in the corruption he exposed."