>>AFAIK he's a US citizen. He has the rights of a US citizen unless he is currently in the military at which point he is governed by the military.
>
>For the sake of argument, assume he is not a US Citizen.
>
>And please consider two separate cases.
>
>1) He is held in a military prison in Norfolk.
>
>2) He is held in a military prison at Guantanamo.
>
>Peter

At that point, does the Geneva Convention cover him? If he is a terrorist waging war on our citizens or military, then he can be shot as a spy. Otherwise he is in military custody and not a US citizen - the US military is in charge.