Live by the sword, die by the sword. Hold prisoners on a US military base and refuse them legal protections because it is not US Soil, lost the ability to be President because you were not born on US Soil. To do otherwise is to publicly admit being a hypocrite. Oh, wait... that really doesn't matter when you are running for President.
Still, McCain can not have his cake and eat it too. He can't support the legal isolation of prisoners at Guantanamo, and yet assert he is a 'native born' US Citizen.
In fact, if this goes to court, the US Supreme court has already set a precedent that does not favor McCain:
BBC NEWS | Americas | Top court rejects Guantanamo test
Top court rejects Guantanamo test
A detainee is led by guards at Guantanamo Bay
Some of Guantanamos inmates have been held for five years
The US Supreme Court has said it will not decide whether detainees held at Guantanamo have the right to challenge their detention in US federal courts.
The decision means the court will not rule on the constitutionality of an anti-terror law pushed through Congress by President George W Bush last year.
The provision in question states that Guantanamo Bay inmates cannot challenge their detention in US civil courts.
Many of the 385 detainees at the camp have been held for five years or more.
None has yet been able to challenge their detention in a US civil court.
The provision stripping detainees of their right to mount a legal challenge to their confinement was upheld by a federal appeals court in Washington in February.
The courts majority opinion was that "the will of Congress" should prevail and that habeas corpus did not apply to foreign nationals being held at Guantanamo Bay because it is not US soil.