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Court will probably find standing problems.

Do they also claim that this indefinite detention is without access to an attorney, etc?

 

If it's structured so that you could be held without charge, and be completely unable to get into court, then perhaps they might find standing at this point. Otherwise I'm pretty sure the answer is going to be "come back once it's happened".

In response to WhatDoYouWantNow's comment:

How can we be sure it hasnt happened?

In response to tvoter's comment:

 

I'm talking about what the court will probably say. Not reality.

 

The two are usually pretty different.