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The government's lawyers said that American citizens could be detained without any rights, but the court rejected that claim in a case brought by Yasser Hamdi, with the most stinging rebuke coming from Justice Scalia. The administration said that Guantanamo detainees did not have the right to habeas corpus, but the court rejected that argument in 2004 in a case brought by Shafiq Rasul. The administration said that the president could set up military tribunals at Guantanamo by the stroke of his pen, but the court in 2006 rejected this claim in a case I argued on behalf of Hamdan.

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