Jesse Walker | June 26, 2008
In his Boumedienne dissent, Antonin Scalia claimed that "At least 30 of those prisoners hitherto released from Guantanamo Bay have returned to the battlefield." This isn't just an unpersuasive argument for denying the detainees due process. Turns out it isn't even true -- unless your definition of "returned to the battlefield" includes such nefarious jihadist activities as publishing an article in The New York Times.
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