Hamdi v. Rumsfeld: Link to Oral Argument, which considers whether the U.S. military may withhold basic constitutional guarantees from an American citizen who was taken into custody in Afghanistan during military combat and declared "an enemy combatant."

Rasul v. Bush: Link to Oral Argument, which considers whether the United States courts have jurisdiction to decide legal claims by foreign citizens held by the United States military at Guantanamo Naval Base, Cuba.

and Rumsfeld v. Padilla: Link to Oral Argument, which considers whether the U.S. military may withhold basic constitutional guarantees from an American citizen who was taken into custody in the United States and declared "an enemy combatant."

WHEREFORE, Petitioners pray for relief as follows:
1. Grant Petitioner . . . Next Friend status, as Next Friend of . . .; 2. Grant Petitioner . . . Next Friend status, as Next Friend of . . .; 3. Order the Detained Petitioners released from Respondents’ unlawful custody; 4. Order Respondents to allow counsel to meet and confer with the Detained Petitioners, in private and unmonitored attorney-client conversations; 5. Order Respondents to cease all interrogations of the Detained Petitioners, direct or indirect, while this litigation is pending; 6. Order and declare the Executive Order of November 13, 2001, unlawful as a violation of the Fifth Amendment to the United States Constitution; 7. Order and declare the Executive Order of November 13, 2001, unlawful as a violation of the Administrative Procedures Act, 5 U.S.C. § 702; 8. Order and declare that the Detained Petitioners are being held in violation of the Fifth Amendment to the United States Constitution; 9. Order and declare the Executive Order of November 13, 2001, unlawful as a violation of customary international law, the International Covenant on Civil and Political Rights, and the American Declaration on the Rights and Duties of Man; 10. Order and declare that the Detained Petitioners are being held in violation of customary international law, the International Covenant on Civil and Political Rights, and the American Declaration on the Rights and Duties of Man; 11. Order and declare that the Detained Petitioners are being held in violation of the regulations of the United States Military, the Geneva Conventions, and international humanitarian law; 12. Order and declare that the Executive Order of November 13, 2001, violates the War Powers Clause; 13. Order and declare that the provision of the Executive Order that bars the Detained Petitioners from seeking relief in this Court is an unlawful Suspension of the Writ, in violation of Article I of the United States Constitution; 14. To the extent Respondents contest any material factual allegations in this Petition, schedule an evidentiary hearing, at which Petitioners may adduce proof in support of their allegations; and 15. Grant such other relief as the Court may deem necessary and appropriate to protect Petitioners’ rights under the United States Constitution and international law.

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 offence 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.

U.S. Const. amend. V.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

U.S. Const. amend. VI.

“it is better that ten guilty persons escape than that one innocent suffer.” (Blackstone (1753-1765) in 2 Bl. Com. c. 27, margin page 358, ad finem)