Remarkably, this Court does not require petitioners to exhaust their remedies under the statute; it does not wait to see whether those remedies will prove sufficient to protect petitioners’ rights. This statutory scheme provides the combatants held at Guantanamo greater procedural protections than had ever been afforded alleged enemy detainees—whether citizens or aliens—in our national history.
Remarkably, this Court does not require petitioners to exhaust their remedies under the statute; it does not wait to see whether those remedies will prove sufficient to protect petitioners’ rights.
This statutory scheme provides the combatants held at Guantanamo greater procedural protections than had ever been afforded alleged enemy detainees—whether citizens or aliens—in our national history.
Justice Antonin Scalia was scathing in his dissent:
At least 30 of those prisoners hitherto released from Guantanamo Bay have returned to the battlefield. … It was reported only last week that a released detainee carried out a suicide bombing against Iraqi soldiers in Mosul, Iraq. During the 1995 prosecution of Omar Abdel Rahman, federal prosecutors gave the names of 200 unindicted co-conspirators to the “Blind Sheik’s” defense lawyers; that information was in the hands of Osama Bin Laden within two weeks. The Nation will live to regret what the Court has done today.
At least 30 of those prisoners hitherto released from Guantanamo Bay have returned to the battlefield. … It was reported only last week that a released detainee carried out a suicide bombing against Iraqi soldiers in Mosul, Iraq.
During the 1995 prosecution of Omar Abdel Rahman, federal prosecutors gave the names of 200 unindicted co-conspirators to the “Blind Sheik’s” defense lawyers; that information was in the hands of Osama Bin Laden within two weeks.
The Nation will live to regret what the Court has done today.
Only God and you can save us from the consequences of this dishonorable Court ruling. If you decide to start executing justice on the battlefield, you won’t get any grief from the millions of us who support you.