Quote Originally Posted by Pindar
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it.
But surely none of these men were actually invading the US or US citizens who were rebelling so why should they have habeas corpus suspended?
(MCA not included that will be the next question.)

Quote Originally Posted by Pindar
It is a privilege and can be curtailed. In 2006 Congress passed and the President signed the Military Commissions Act (MCA) This suspended habeas corpus to aliens determined to be unlawful enemy combatants having been engaged against the U.S. This is the language:

“Except as provided in section 1005 of the Detainee Treatment Act of 2005, no court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeus corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.” §1005(e)(1), 119 Stat. 2742.
Since these men were already in detention when the MCA was passed surely they should have the older standards applied to them. ?

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Also why don't they get a normal standard by the book military or civilian trial to determine there 'unlawful combatant status'... surely they can't be decided to be guilty of such until after they a trial?

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Would you think it okay for any US citizen to have the same process applied to them by a foreign power?
habeus corpus dropped
predetermined unlawful status that effects their trial rights
retrospective laws applied
etc