Big news, likely to be sustained if appealed to the USSC. Read the entire piece at the Volokh Conspiracy but in brief, the president and military have the authority to detain non-Americans captured in military zones that does not have to yield to a writ of habeas corpus.
Further, for any hearing about the status of a captured person, the evidence required for detention, or continued detention, is NOT 'beyond a reasonable doubt', NOT 'clear and convincing', but AT MOST 'preponderance of evidence'. The Circuit Court further notes that an even lower standard of evidence may be sufficient.
Further, 'hearsay' evidence is permitted because an interrogation is not a criminal proceeding; though a captured person has some right to the 'reliability' of statements in any hearing to determine his status.
It also notes that the standard here does not apply to American citizens captured in similar circumstances; while not addressed specifically, an American citizen would be entitled to the protection of habeas.
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