Russ Feingold actually said...

I and others on the Committee are deeply concerned about the very broad assertion of executive power that has been made in recent years

I think that's not a question of a hypothetical, that's a factual question about what the history of the case law is.

I appreciate that answer, Judge.

we can say that, at least as regards the Supreme Court, it believes mistakes were made with regard to post-9/11 policies?