FacebookTwitterGoogle+RedditEmail

Scalia Cites False Information in Habeas Dissent

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.

 

 

 

 

 

 

More articles by:

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild. She writes, speaks and does media about human rights and U.S. foreign policy. Her most recent book is “Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues.” Visit her website at http://marjoriecohn.com/ and follow her on Twitter at @marjoriecohn.

August 21, 2018
Anthony DiMaggio
Fascist Nation: The “Alt-Right” Menace Persists, Despite Setbacks
Chris Floyd
Dial “N” for Mayhem: Wording Our Way to a New Level of Hell
Creston Davis
The Education Impasse in the USA
Jonathan Cook
In Detaining Peter Beinart, Israel Has Declared it No Longer Represents Millions of Jews Overseas
Kshama Sawant
UPS Teamsters, We Have Your Back in this Fight
Kenneth Culton
Trump Supporters: the Joyous Cult Bound by Shared Story and Ritual
Andy Thayer
Why the Chicago ‘68 Convention Matters Today
Simone Chun
Sea of Tears: The Tragedy of Families Split by the Korean War
William Blum
The Russians Did It (cont.)
Manuel E. Yepe
How Capitalism Erodes Mental Health
Doug Noble
Thomas Mountain
Djibouti Faces Dark Days to Come; Eritrean Ports, Pipeline Threaten Ethiopian Trade Lifeline
Binoy Kampmark
Finding Fault and Faulty Infrastructure: Genoa’s Morandi Bridge Disaster
Kary Love
“Suffer Not the Little Children….”
Thomas Knapp
Omarosa Manigault Newman, Public Servant
August 20, 2018
Carl Boggs
The Road to Disaster?
James Munson
“Not With a Bomb, But a Whimper” … Then More Bombs.
Jonathan Cook
Corbyn’s Labour Party is Being Made to Fail –By Design
Robert Fisk
A US Trade War With Turkey Over a Pastor? Don’t Believe It
Howard Lisnoff
The Mass Media’s Outrage at Trump: Why the Surprise?
Faisal Khan
A British Muslim’s Perspective on the Burkha Debate
Andrew Kahn
Inhumanity Above the Clouds
Dan Glazebrook
Trump’s New Financial War on the Global South
George Wuerthner
Why the Gallatin Range Deserves Protection
Ted Rall
Is Trump a Brand-New Weird Existential Threat? No.
Sheldon Richman
For the Love of Reason
Susie Day
Why Pundits Scare Me
Dean Baker
Does France’s Economy Need to Be Renewed?
Jeffrey St. Clair
A Mighty Voice for Peace Has Gone Silent: Uri Avnery, 1923-2018
Weekend Edition
August 17, 2018
Friday - Sunday
Daniel Wolff
The Aretha Dialogue
Nick Pemberton
Donald Trump and the Rise of Patriotism 
Joseph Natoli
First Amendment Rights and the Court of Popular Opinion
Andrew Levine
Midterms 2018: What’s There to Hope For?
Robert Hunziker
Hothouse Earth
Jeffrey St. Clair
Roaming Charges: Running Out of Fools
Ajamu Baraka
Opposing Bipartisan Warmongering is Defending Human Rights of the Poor and Working Class
Paul Street
Corporate Media: the Enemy of the People
David Macaray
Trump and the Sex Tape
CJ Hopkins
Where Have All the Nazis Gone?
Daniel Falcone
The Future of NATO: an Interview With Richard Falk
Cesar Chelala
The Historic Responsibility of the Catholic Church
Ron Jacobs
The Barbarism of US Immigration Policy
Kenneth Surin
In Shanghai
William Camacaro - Frederick B. Mills
The Military Option Against Venezuela in the “Year of the Americas”
Nancy Kurshan
The Whole World Was Watching: Chicago ’68, Revisited
FacebookTwitterGoogle+RedditEmail