Whether the Senate-passed amendment will become law is anyone’s guess, as it must survive the House/Senate conference committee meeting on the House and Senate versions of the NDAA. There was no similar provision in the House-passed NDAA.
C., asking to be released and claiming that unless the government could prove to a federal judge that they are indeed unprivileged enemy belligerents, the court must grant the writ.
Most detainees have lost their habeas cases because they are in fact unprivileged enemy belligerents.
Fifty-seven of the 115 detainees have been cleared by the Obama Administration for transfer to other countries.
In 20, the Bush Administration released some detainees from Guantanamo Bay. Others were properly classified as unlawful enemy combatants and held under the law of war, while others were transferred from the island to their home country or a third country that agreed to accept them.