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Obama Issues Directive to Shut Down Guantánamo – NYTimes.com
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I do not know where it says that in the Constitution!
From Wikipedia
http://en.wikipedia.org/wiki/Guantanamo_Bay_Naval_Base
“… the U.S. Supreme Court has recognized that the detainees “have been imprisoned in territory over which the United States exercises exclusive jurisdiction and control.”[25] Therefore, the detainees have the fundamental right to due process of law under the Fifth Amendment.”
http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
http://en.wikipedia.org/wiki/Habeas_corpus_in_the_United_States
“The Suspension Clause of Article I does not expressly establish a right to the writ of habeas corpus; rather, it prevents the U.S. Congress from restricting it.”
http://en.wikipedia.org/wiki/Article_One_of_the_United_States_Constitution
“Section 9: Limits on Congress:
“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
“A writ of habeas corpus is a legal action against unlawful detainment that commands a law enforcement agency or other body that has a person in custody to have a court inquire into the legality of the detention. The court may order the person released if the reason for detention is deemed insufficient or unjustifiable.”