“If you are a citizen and…being held indefinitely…you have the right to go to a federal court.”
Monday January 16, 2012
"First off, I would say this, what the law should be and what the law has been is that if you are a United States citizen and you are detained as an enemy combatant, then you have the right to go to federal court and file a habeas corpus position and be provided a lawyer. That was the state of the law before the National Defense Authorization Act and that should be the state of the law today.
If you are not an American citizen, that's one thing. But if you are a citizen and you are being held indefinitely, then you have the right to go to a federal court -- and again, the law prior to the National Defense Authorization Act was that you had the right to go to a court, and for that court to determine by a preponderance of the evidence whether you could continue to be held. That is a standard that should be maintained and I would maintain that standard as president."