The detainees claim that they have the right to challenge their imprisonment in the U.S. courts, using the constitutionally guaranteed procedure called awritofhabeascorpus.
The question facing the court is whether the detainees have the right to go into the U.S. courts to challenge their detentions, using the constitutionally guaranteed procedure called awritofhabeascorpus.
Tsarnaev would be represented by counsel who could seek awritofhabeascorpus from the federal courts if what I envision as a reasonably brief period of temporary detention turned into something abusive.