“there is a case (Johnson) that gives CONUS detainees access to file writs in Federal.”
Your unsourced claim does not supersede the congressional legislation that I had cited earlier. You’ll note that the congressional legislation would not have passed as those who opposed it would have simply cited the case you cite, thereby ruling it unconstitutional. The legislation does not exempt those taken into the U.S. And the U.S. has held military tribunals and subsequent executions for foreign born unlawful combatants before within the U.S. boarders.
P.S. Who do you want to win, Obama or McCain?
I cited the Constitution and the Johnson case. If you are detained by federal, state or local authorities you can hire a lawyer that can go into any federal court and file a writ of Habeas Corpus. The writ challenges the detention. The judge can free the detainee and the McCain legislation you cite does nothing to change that. Why do you think GITMO was set up? It was set up to keep terrorists outside federal courts. Once they are in the territory of the United States they can file the writ.
Do you understand?