If he really did kill these men, then the Romanian should provided significant evidence that he did, then a judge should decided whether he goes into american or Romanian custody, dont forget he is still an American and should have every right every other american has at home.
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the President intends to sign the Military Commissions Act of 2006, which purports to terminate the writ of habeas corpus for US detainees overseas.
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Whats habeas corpus?