Check out Jackson in ex parte Quirin. I think this is the decision. I have not read it but I heard it is documented in Levin’s book.
I am 100% sure that in CONUS, unless you are subject to UCMJ (our troops), you get all the to file a Writ of Habeas Corpus. My Constitutional law classes where a long long time ago, I can also guarantee you that this is the reason for GITMO existence.
“I am 100% sure that in CONUS, unless you are subject to UCMJ (our troops), you get all the to file a Writ of Habeas Corpus.”
The legislation that I had cited, S.3930, [provides military commissions the jurisdiction to try any offense made punishable by this chapter (articles 904 and 906 of the Uniform Code of Military Justice) or the law of war by an alien unlawful enemy before, on, or after September 11, 2001.]
You keep making claims like ‘McCain is too stupid to know this...The really amazing thing is I don’t think McCain and some posters get it. Stupid.’ Yet you don’t even appear to be familiar with this legislation that contradicts your claims.