The Constitution,in setting limits on Congress, says in Article One: "The privilege of the Writ of Habeas Corpus shall not be suspended,unless when in Cases of Rebellion or Invasion the public Safety may require it."

VOA: special.2009.02.09

The prisoners there have access to lawyers, and the federal courts oversee habeas corpus cases.

ECONOMIST: Maybe that has become the wrong question for Barack Obama

The Military Commissions Act that Congress passed just a few weeks ago - we'll remind our listeners that the law creates military commissions for unlawful enemy combatants and allows for suspending the writ of habeas corpus in the cases of non-citizens.

NPR: Patrick Murphy: From Iraq War to Congress