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The appeals court said the law required prosecutors to show the explosives were carried ''in relation to'' the felony -- or, in Ressam's case, lying on a U.S. Customs form. Mukasey asked the justices to reverse the appeals court and give prosecutors the power to penalize terrorists as much as possible.

''So if a prosecutor asks for it and there is an underlying felony and there is an explosive, that's an additional ten years, no matter what?'' Chief Justice John Roberts asked.

''That's an additional ten years, no matter what,'' Mukasey said.

Mukasey's legal opponent, Seattle public defender Thomas W. Hillier II, said the government could have saved everyone time if it had simply changed the way it brought the charges against Ressam. At a minimum, Hillier said, the Justice Department's case is unclear and confusing, and ''it should be construed in favor of the defendant.''

After the arguments, Hillier said it seemed impossible to tell whose side the court ultimately would take. He called Mukasey ''a very nice man.''

''I think he did great,'' Hillier said. ''I'm sure he was nervous. It's not easy to be anything other than nervous when you're in front of those nine.''

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