[1] The United States has held 778 captives in extrajudicial detention in a camp in its offshore Naval Base Guantanamo.
Further, the Presidency asserted, that since the base in Guantanamo was not officially part of the USA, captives held there were not protected by US domestic law either.
In June 2004 the Supreme Court of the United States ruled, in Rasul v. Bush, that Guantanamo captives were entitled to access the US justice system.
And they were entitled to an opportunity to hear and challenge the allegations that had led to their detention.
In 2006 the Supreme Court ruled, in Hamdam v. Rumsfeld, that the President lacked the constitutional authority to set up military commissions.