Anthony Kennedy and the 4 SCOTUS libs swept aside the sovereign territory requirement of the Suspension Clause and left only “de facto” sovereignty as the constraint on habeas access by enemy aliens to US civilian courts.
GITMO is just a US military base. It’s not sovereign US territory.
The US exercises “effective and indefinite” control there, which is Anthony Kennedy’s functional test requirement for access to US courts by enemy aliens.
The US is building a large prison in Afghanistan to house unlawful enemy combatants. It seems that the US will have “effective and indefinite” control there at this new prison and seemingly at any US military base abroad. Thus “de facto” sovereignty and thus access to US civilian courts by unlawful enemy combatants seems assured there by Anthony Kennedy.
So, expect these unlawful enemy combatants to ask for their ACLU lawyer as soon as they are brought onto a US military installation abroad, so they can file their habeas petition and avoid having unlawful enemy combatant status anymore, but rather the presumption of innocence and due process rights to confront the sensitive classified information against them and pass that onto Osama.
