Can you'all please address the issue of whether it makes a difference WHERE the terrorists are captured? Seems to me that it ought to make an enormous difference whether they were arrested here in the U.S. or captured on a foreign battlefield. Thanks.
Basically, Rasul v. Bush is more about where the people are held following capture, rather than where they are actually captured.
And the USSC - based on a prior ruling - has ruled that U.S. courts have jurisdiction to hear aliens habeas corpus claims when those aliens are being held in territory that the U.S. has control over (like Gitmo).