Given the rulings in Hamdi and Hamdan and the Military Commissions Act of 2006, what is the likely outcome of the detainees' challenges to their alleged unlawful confinement?
Six suspects in the War on Terror were taken from their homeland in Afghanistan and placed in the American prison in Guantánamo Bay, Cuba. After 24 months, they had not met with a lawyer, had not been advised of the charges against them, and have no idea when and if they will be brought before a judge or tribunal to clear their names. All proclaim their innocence and filed habeas corpus petitions in federal court for the District of Columbia naming the Secretary of Defense as the defendant.
What will be an ideal response?
ANSWER: Answers may vary: Although the Supreme Court has held foreign detainees have the right to habeas corpus relief, they will most likely be unsuccessful in challenging their detention.
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