David, Very interesting article and case. You do a good job explaining things. However, let's remember that even a US citizen can be declared an enemy combatant, and therefore may not be entitled to habeas corpus. Habeas corpus may also Constitutionally be suspended in times of invasion or insurrection. Remember, during the Obama administration that US citizens were droned to death in foreign countries without charge or trial and no one took President Obama to court over it. Enemy combatants or unlawful combatants are not entitled to extra-legal privileges in accordance with Geneva Convention and Law of Land Warfare, and they may be shot on sight on the battlefield. If "John Doe" was a lawful combatant, he would be entitled to all the rights and privileges of a Prisoner of War. In that case, he could be held without charge or trial until the end of hostilities. At the end of hostilities, he could then be repatriated to his country of origin or to the location at which he was taken prisoner. However, again, if he is an unlawful combatant he is entitled to ZERO. Mistakes were made with regard to treating Gitmo detainees under the "spirit of the Geneva Conventions." It provides unearned privileges. It set a precedent that has been totally taken advantage of and misunderstood since 9/11/2001. 731 released detainees later we have a known and suspected recidivism rate of 30 percent. During Ronald Reagan's Presidency, the Soviet Union tried to lobby an end to rules that gave no protections to clandestine combatants. Reagan vetoed any such consideration, even though the US participates in clandestine operations. The rules of Geneva are such in order to protect innocent life and non-military property. If legal combatants cannot be distinguished from civilians, we would have bloody chaos. Terrorists and others who do not comply with the Geneva Conventions and/or Law of War deserve absolutely nothing. The fact "John Doe" is even alive is testament to the benevolent nature of the US. Sincerely, Montgomery J. Granger, former ranking US Army Medical Department officer, Joint Detainee Operations Group, Joint Task Force 160, Guantanamo Bay, Cuba, and author: "Saving Grace at Guantanamo Bay: A Memoir of a Citizen Warrior."