There was a former Justice guy on the WSJ Report just now explaining this.
There is a CONSTITUTIONAL right for any person detained inside United States Territory to file a Writ of Habeas Corpus to challenge the detention ANY PERSON DETAINED. This is a CONSTITUTIONAL right.
S. anything cannot abrogate CONSTITUTIONAL rights.
McCain closing GITMO and bringing people to Leavenworth would allow the terrorist detainees to file the writ. Again the bill McCain supports cannot change that, PERIOD. Unless it is in the form of a CONSTITUTIONAL amendment.
The whole reason we had GITMO is because it is outside the United States; and according to Johnson v E-— detainees outside the United States did not have access to federal courts to challenge the detention (i.e. file a Writ). Why the else would we have established GITMO in the first place?
So McCain’s desire to close GITMO and the recent SCOTUS do the exact same thing. Allow the terrorists access to civilian federal courts to challenge the detention. Judges have almost unlimited discretion.
You highlight the problem with McCain he says one thing and does the opposite - I believe because he just does not know what the heck he is doing.
“There was a former Justice guy..”
Now there’s an impeccible source./s