. >> [indiscernible] i guess the question for us is whether this is going to the .ight laius -- place [indiscernible] the way in which the military is their facilitys -- [indiscernible] ifyour honor, i would agree what we were dealing with was a topic congress has not spoken to. but what we're dealing with our cases where congress has decided and acted, saying we have watched the military tribunal -- >> every time you make that argument, i think you undercut your argument. every time you say congress acted, it brings to mind the question -- you say congress has not created because of action. you want us to do something that congress has not done, and the more you point out that congress is deeply involved with it, the more it persuades me, yeah, they are deeply involved and for what ever reason they decided not to create this cause of action. >> your honor, the reason why it is so important that congress be involved and we are here before you is the judiciary is the place to go when innocent people -- when people in the trappings of officialdom ignore congress. >> is that what we're s