Later On

A blog written for those whose interests more or less match mine.

Scalia lies

leave a comment »

It’s very hard to respect Justice Scalia—and not because of his conservative positions. It’s his flouting of basic ethics (e.g., the comradely hunting trip with Cheney, who had a case coming before the Justice), his flippant attitude toward serious questions, and his tendency to tell lies. For example, as Marjorie Cohn points out:

To bolster his argument that the Guantanamo 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 Guantanamo 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 [Department of Defense] 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 Guantanamo 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 US 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.

Again: note that the decision does NOT require that enemy combatants be released, or recognized terrorists: it requires only that the government prove that the persons imprisoned are enemy combatants or terrorists. That seems an unremarkable requirement.

Written by LeisureGuy

25 June 2008 at 11:34 am

Posted in GOP, Government

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.