I fail to see how any person who is not legally present in the United States or its possessions has any Constitutional rights beyond those established by treaty or a law passed by the Congress and signed by the president. And I don’t see any basis for concluding that seizing and confining such a person on a military base should change that.

Bush should direct the Attorney General to advise any court attempting to direct him in the control of such prisoners that the court lacks jurisdiction (in the absence of law or treaty) and that any orders it issues will not be enforced by the executive.

When the judges do not respect the law, there is no law.