They lied and Kennedy tacitly ackowledged that in this piece of crap opinion. They lie, you swear to it. You're every bit as bad as they are.
There is no difference between GITMO and the prisoner of war camps in Germany of the Eisentrager holding. Both are located on territory not sovereign to the United States and outside the authority of Article III courts.
Until of course they lie and abrogate executive and legislative power onto themselves.
And once again you swear to it.
Well, if they can haul off enemy combatants to Guantanamo without any review, why can't they haul you off to Guantanamo, hold you incommunicado and say that you are an enemy combatant without any review? No jurisdiction is no jurisdiction and no review is no review. Period
Are you dim? Do you not understand that the words alien and citizen are not only spelled differently but that they have separate and distinct meanings?
And if a detainee can be held without a right to a habeas proceeding where do you get to claim that you are a citizen? No right to file in any court because the military claims you are an enemy combatant is no right to file. It is in the resulting habeas hearing that you get to claim that you are US citizen. Get it?
So you mean that Cuba can state that they are sovereign and take possession of the detainees. That is what sovereignty means. Either you are sovereign or you are not and someone else is. We invented this Guantanamo thing in slightly to clever effort to have it all ways. It just makes us look bad in the eyes of the world.