…the Bush administration to grant habeaus corpus to Gitmo detainees last week conservatives were outraged. Not least among them Justice Scalia who predicted in his dissent that “more Americans will almost certainly be killed” as a result. Detainees have been released from Guantanamo before, he said, and “at least 30 of those prisoners hitherto released…. have returned to the battlefield”.
Just one problem. The “returning to the battlefield” story originated with the Defense Department and was thoroughly disproved by a report issued by the Seton Hall Center for Policy and Research on December 10, 2007. Among its findings:
- At most 12, not 30, detainees “returned to the fight.”
- Not a single released Guantánamo detainee has ever attacked any Americans.
- None of the detainees were released by a court; the decision was made by political appointees at the Department of Defense for unknown reasons.
Yikes. I thought Scalia was supposed to be the brainy one on the Court. He’s bringing up stuff like this?