Yes, that’s true. On the other hand, he was working for a known enemy with whom we had declared war. The current situation would require some review to determine who he was working with and whether we are at war with that group. Furthermore, Haupt was afforded counsel and a right of review. I assume you want this Russian guy to be declared an enemy combatant so we can torture him and deny him counsel. That would be unprecedented. And the Court never reached that type of review in Haupt, Hamdi or Padilla.
Why would you assume that?