FacebookTwitterRedditEmail

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 06, 2020
H. Bruce Franklin
How the Fascists Won World War II
Robert Jacobs – Ran Zwigenberg
The American Narrative of Hiroshima is a Statue that Must be Toppled
Howie Hawkins - Madelyn Hoffman
Reverse the New Nuclear Arms Race
Brian Kelly
Ireland and Slavery: Debating the ‘Irish Slaves Myth’
Talli Nauman
Native Americans Win Historic Victories in U.S. High Court Rulings
David Mattson
“Man Attacks Grizzly” and Other Leading Bleeding Stories
John Kendall Hawkins
Suffrage: The Myth of Sisterphus
George Ochenski
An Unbelievably Disastrous State of Affairs
George Wuerthner
Trouble in Paradise Valley
Binoy Kampmark
State of Pandemic Disaster: Melbourne Moves to Stage Four
Howard Lisnoff
The ACLU Has Never Done a Damn Thing for Me
Priyanka Singh – Sujeet Singh
Time to Empower the Invisibles: India Awaits a Mental Health Revolution
CounterPunch News Service
Conservationists to Federal Agencies: Restore Protections for Imperiled Wildlife in the Flathead National Forest
August 05, 2020
Roy Eidelson
Black Lives Matter: Resisting the Propaganda of Status Quo Defenders
Melvin Goodman
The Department of Homeland Security: the Ideal Authoritarian Tool
Paul Street
Misleaders at a Funeral: Bill Clinton and Barack Obama Eulogizing Racial Justice in the Name of John Lewis
Seiji Yamada
Hiroshima, Technique, and Bioweapons
Vijay Prashad
How Trump Managed to Lead the World with the Worst Response to the COVID Pandemic
Richard C. Gross
Trump’s Alternative
Jonas Ecke
The Worst Hunger Season Yet to Come: Global Moral Failure in the Time of Covid-19
Rafiq Kathwari
The Battle for Kashmir
Kenneth Surin
Malaysia’s Arch-Kleptocrat is Found Guilty
Medea Benjamin - Nicolas J. S. Davies
U.S. Cold War China Policy Will Isolate the U.S, Not China
Lee Camp
Why Housing Is a Human Right
Sam Pizzigati
For Egalitarians, a Sudden Sense of Possibility
Jonathan Cook
Can Israelis Broaden Their Protests Beyond Netanyahu?
Thomas Knapp
Ten Years After Lieberman’s “Internet Kill Switch,” the War on Freedom Rages On
Binoy Kampmark
Staying on Message: Australia, the US and the AUSMIN Talks
Elliot Sperber
The View From Saturn 
August 04, 2020
John Pilger
Another Hiroshima is Coming…Unless We Stop It Now
Dave Lindorff
Unsung Heroes of Los Alamos: Rethinking Manhattan Project Spies and the Cold War
Kenneth Good
Escalating State Repression and Covid-19: Their Impact on the Poor in Kenya
Dean Baker
We Need an Economic Survival Package Not Another Stimulus
David Rosen
Globalization and the End of the American Dream
John Feffer
The Pandemic Reveals a Europe More United Than the United States
Patrick Cockburn
The Government’s Failed Track-and-Trace System is a Disaster for England
Ramzy Baroud
‘Optimism of the Will’: Palestinian Freedom is Possible Now
CounterPunch News Service
Statement From Yale Faculty on Hydroxychloroquine and Its Use in COVID-19
Manuel García, Jr.
Ocean Heat: From the Tropics to the Poles
Sonali Kolhatkar
Why the Idea of Jobless Benefits Scares the Conservative Mind
Greta Anderson
Framing Wolves in New Mexico?
Binoy Kampmark
Pulling Out of Germany: Trump Adjusts the Military Furniture
Shawn Fremstad – Nicole Rodgers
COVID Stimulus Checks Shouldn’t Penalize One-Parent Households
Adam Shah
The 1 Percent’s Attack on Unemployment Benefits is a Sign of Our Broken Democracy
Evaggelos Vallianatos
On the Beauty of Life
FacebookTwitterRedditEmail