Rasul said that habeas rights attached to Guantanamo Bay detainees until Congress says otherwise. and that is the difference we have. I read Rasul to say. since Congress hasnt spoken under 2241. Guantanamo Bay is within U.S. jurisdiction and the statute would apply to anybody held at Guantanamo Bay. It is not an overseas location. Until Congress speaks. under 2241 you will have the right. Congress has spoken. We spoke last year. We took 2241 and changed it. We excluded noncitizens and any prisoners from the habeas rights under 2241 and. quite honestly. that issue has gone to the D.C. Circuit Court of Appeals. and we won last week.
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