This amendment would restore jurisdiction to the Federal courts to hear habeas petitions from detainees who are currently pending trial before a military commission. Essentially. this amendment would grant habeas corpus rights to all nonU.S. citizens. regardless of location. who are detained by the United States. The amendment would have the effect during the current global war on terrorism or during a largescale protracted war on the scale of World War II of giving any noncitizen detained by U.S. forces. regardless of where they are detained and regardless of the reason for their detention. the right to challenge that detention in the U.S. court system. I can think of few better ways to ensure that the United States is defeated in any conflict in which we engage and few better ways to undermine the national security of the United States than to adopt this amendment. In 2004. the Supreme Courts decision in Hamdi v.
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All non-U.S. citizens detained by the U.S. are a security threat.