I noted earlier that John Kerry seemed to say that Osama bin Laden has the constitutional right of habeas corpus. ABC News reports (something that I missed) that Richard Clarke directly said that bin Laden would have habeas rights:
While Clarke said that the U.S. has authority to kill Bin Laden, the former counter-terrorism czar suggested that the al Qaeda leader would have a right to go to federal court and ask the government to release him or show through due process why he should be held in U.S. custody. “[I]f he were to be brought back” to Guantanamo, said Clarke, “the Supreme Court ruling holds on the right of Habeas Corpus.”
