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I think that's in the realm of grey legal theory that hasn't been tested in court. But yes, that's a great point, and I coincidentally just said something simi

• dragonwriter 5y ago
  > I think that's in the realm of grey legal theory that hasn't been tested in court. Johnson v Eisentrager (1950) is the landmark case, but its been fleshed out subsequently (and most of those decisions have narrowed the apparent gap in the Constitution it opened up), largely in response to the decision to use Gitmo as a get out of law free card. But the existence of that decision is why Gitmo got used. And given the split on those decisions limiting Eisentrager, I wouldn't want to see what the current court would do with cases in that area...