Ayotte, Graham and McCain Will Participate In Hedges Oral Arguments

Sen. John McCain, R-Ariz., center, takes a question as he, Sen. Kelly Ayotte, R-N.H., left, and Sen. Lindsey Graham, R-S.C.,
Sen. John McCain, R-Ariz., center, takes a question as he, Sen. Kelly Ayotte, R-N.H., left, and Sen. Lindsey Graham, R-S.C., right, discuss the investigation of the deadly Sept. 11 attack on the U.S. consulate in Benghazi in Washington, Friday, Dec. 21, 2012, during a news conference on Capitol Hill. (AP Photo/Ann Heisenfelt)

Kelly Ayotte, Lindsey Graham, and John McCain will have five minutes on Wednesday to explain why a lawsuit targeting the indefinite detention should be swatted down. The Second Circuit Court of Appeals granted their motion to participate in oral arguments in the Hedges v. Obama NDAA lawsuit on Thursday, setting up a court appearance for their lawyer on February 6.

The "three amigos" -- or in this case three amici -- should have something interesting to say. They oppose Hedges and the other activists trying to knock out indefinite detention. But government lawyers nevertheless asked the court to deny them time in oral, arguing that their views "should properly be aired in the political branches, not the judiciary," and that Lindsey Graham's Senate floor musings about a "rogue executive branch" misusing its detention powers didn't exactly help their case.

If you'd like a preview of what their lawyer, David Rivkin, will argue in court, check out their amicus brief.