Scalia is the most intemperate, least judicial hot-head. peace, mjh

Think Progress » Scalia: Court’s Decision Restoring Habeas ‘Will Almost Certainly Cause More Americans To Be Killed’

In a landmark decision today, the Supreme Court ruled that habeas corpus protections apply to detainees held at Guantanamo Bay. “We hold these petitioners do have the habeas corpus privilege,” wrote Justice Anthony Kennedy in the majority opinion. The decision was a “a stunning blow to the Bush Administration in its war-on-terrorism policies,” SCOTUS Blog noted.

Conservative Justice Antonin Scalia, however, is outraged. In his dissenting opinion, he devoted an entire section to “a description of the disastrous consequences of what the Court has done today,” a procedure “contrary to my usual practice,” he admitted. Scalia adopted extreme rhetoric about the impacts of the decision, calling it a “self-invited…incursion into military affairs” that would “almost certainly” kill Americans. Some lowlights:

– “America is at war with radical Islamists. … Our Armed Forces are now in the field against the enemy, in Afghanistan and Iraq.”

– “The game of bait-and-switch that today’s opinion plays upon the Nation’s Commander in Chief will make the war harder on us. It will almost certainly cause more Americans to be killed.”

– “Today the Court warps our Constitution.”

– “The Nation will live to regret what the Court has done today.”

It is unlikely that the Supreme Court’s decision will have the impacts that Scalia claims. As Kennedy explained, “Liberty and security can be reconciled; and in our system they are reconciled within the framework of the law.” Discussing the restoration of habeas at Guantanamo last year, Colin Powell noted:

The concern was, well, then they’ll have access to lawyers, then they’ll have access to writs of habeas corpus. So what? Let them. Isn’t that what our system’s all about? And by the way, America, unfortunately, has too many people in jail, all of whom had lawyers and access to writs of habeas corpus. And so we can handle bad people in our system.

But as a cheerleader for the administration’s terrorism policies, Scalia’s rhetoric isn’t surprising. It is “absurd” to say that you “can’t stick something under the fingernails,” or “smack [a detainee] in the face,” he said in February. “No. To the contrary,” Scalia said when asked whether torture violates the “cruel and unusual punishment” clause.

Think Progress » Scalia: Court’s Decision Restoring Habeas ‘Will Almost Certainly Cause More Americans To Be Killed’

McClatchy Washington Bureau | 06/15/2008 | America’s prison for terrorists often held the wrong men

An eight-month McClatchy investigation in 11 countries on three continents
has found that Akhtiar was one of dozens of men — and, according to several officials, perhaps hundreds — whom the U.S. has wrongfully imprisoned in Afghanistan, Cuba and elsewhere on the basis of flimsy or fabricated evidence, old personal scores or bounty payments.

McClatchy interviewed 66 released detainees, more than a dozen local officials — primarily in Afghanistan — and U.S. officials with intimate knowledge of the detention program. The investigation also reviewed thousands of pages of U.S. military tribunal documents and other records.

This unprecedented compilation shows that most of the 66 were low-level Taliban grunts, innocent Afghan villagers or ordinary criminals. At least seven had been working for the U.S.-backed Afghan government and had no ties to militants, according to Afghan local officials. In effect, many of the detainees posed no danger to the United States or its allies.

The investigation also found that despite the uncertainty about whom they were holding, U.S. soldiers beat and abused many prisoners.

Prisoner mistreatment became a regular feature in cellblocks and interrogation rooms at Bagram and Kandahar air bases, the two main way stations in Afghanistan en route to Guantanamo.

While he was held at Afghanistan’s Bagram Air Base, Akhtiar said, “When I had a dispute with the interrogator, when I asked, ‘What is my crime?’ the soldiers who took me back to my cell would throw me down the stairs.”

The McClatchy reporting also documented how U.S. detention policies fueled support for extremist Islamist groups. For some detainees who went home far more militant than when they arrived, Guantanamo became a school for jihad, or Islamic holy war.

It’s as if BushCo’s goal was to add fuel to the global fire and guarantee a generation of international warfare. Madness? Yes. peace, mjh