[mburbank]

You're missing the no oversight part. The executive branch does not have to make the case tht you fit the deffinition of enemy combatant to anyone, and you can't challenge your confinement. It's carte Blanche to disappear anybody anytime, and only the Supreme Court has any chance of pulling your nuts out of the fire. And speedy to them is within five years, and that's only if somebody finds a very creative way to get your case to them.