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Originally posted by SlaveNoMore
The US military is not a Holiday Inn. They are not going to hold someone found "innocent" indefinitely.
I see the hypo as flawed.
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Then there's no need to change the law in the way that the Administration is proposing, right? So why are they proposing this?
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Also, no, I don't think we should be affording additional Constitutional protections to foreign nationals held on foreign soil.
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Who said anything about constitutional protections? The writ is the way you get to court. It's not about substantive rights. It's just a way to say in court that the government is holding you and should not be. The writ
predates the Constitution by about four centuries.
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In your hypo, let the government of this "innocent" worry about him and get him released via diplomatic channels.
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If he's really innocent, why should his freedom depend on his government's interest and clout? Aren't we better than other governments?
