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HOLLYWOOD AND THE CIA — Film historian Ed Rampell details Hollywood’s entangled relationship with the CIA and the Pentagon; HOUSES OF THE DEAD: Nancy Kurshan exposes the cruel human rights offenses taking place inside America’s vast gulag of Control Unit Prisons; BROTHERHOOD OF SUMMER: David Macaray charts the history of the most powerful union in the US: the Baseball Players Association; TAR SANDS COME TO AMERICA: Steve Horn explains how the Keystone Pipeline debates have diverted attention from Big Oil’s other plans to transport Alberta’s oil into the US. PLUS: Jeffrey St. Clair on CONSTITUTIONAL ENTROPY; Mike Whitney on HOW THE BANKS TARGETED BLACKS; Chris Floyd on THE RISE OF BRITAIN’S TEA PARTY; Kristin Kolb on THE NEEDLE AND THE DAMAGE DONE; Kim Nicolini on the FILMS OF WILLIAM FRIEDKIN; and Lee Ballinger on POETS VS. THE ONE PERCENT.

June 25, 2008

When the Facts Don't Fit, Make Them Up

Scalia Cites False Information in Habeas Dissent

by MARJORIE COHN

To bolster his argument that the Guantánamo detainees should be denied the right to prove their innocence in federal courts, Justice Antonin Scalia wrote in his dissent in Boumediene v. Bush: "At least 30 of those prisoners hitherto released from Guantánamo have returned to the battlefield." It turns out that statement is false.

According to a new report by Seton Hall Law Center for Policy and Research, "The statistic was endorsed by a Senate Minority Report issued June 26, 2007, which cites a media outlet, CNN. CNN, in turn, named the DoD as its source. The ’30′ number, however, was corrected in a DoD press release issued in July 2007, and a DoD document submitted to the House Foreign Relations Committee on May 20, 2008 abandons the claim entirely."

The largest possible number of detainees who could have "returned to the fight" is 12; however, the Department of Defense has no system for tracking the whereabouts of released detainees. The only one who has undisputedly taken up arms against the United States or its allies, "ISN 220," was released by political officers of the DoD against the recommendations of military officers.

Scalia bolstered his hysterical claim that the Boumediene decision "will almost certainly cause more Americans to be killed" with stale information that was proven to be false one year ago. Professor Mark Denbeaux, director of the Seton Hall Center, said, Scalia "was relying uncritically on information that originated with a party in the case before him."

The Supreme Court decided in a 5-4 decision that the Guantánamo detainees were entitled to file petitions for writ of habeas corpus to challenge their detention. More than 200 men who have been held for up to six years and have never been charged with a crime, will now have their day in court. Many were snatched from their homes, picked up off the street or in airports, or sold to the U.S. military by warlords for bounty.

Scalia, who sits on the highest court in the land, has acted as a loyal foot soldier for the executive branch of government.

MARJORIE COHN is president of the National Lawyers Guild and a professor at Thomas Jefferson School of Law. She is author of Cowboy Republic. Her articles are archived at www.marjoriecohn.com.