In the New York Times, Lakhdar Boumediene tells of the seven years he lost in Guantánamo for nothing.
In a decision that bears my name, the Supreme Court declared that “the laws and Constitution are designed to survive, and remain in force, in extraordinary times.” It ruled that prisoners like me, no matter how serious the accusations, have a right to a day in court. The Supreme Court recognized a basic truth: the government makes mistakes. And the court said that because “the consequence of error may be detention of persons for the duration of hostilities that may last a generation or more, this is a risk too significant to ignore.”
Yes, the government makes mistakes. And now, the NDAA institutionalizes the government’s authority to be wrong, without anyone to question or challenge.
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This is how “enemy combatants” are created, by government abuse with no recourse. Any other man wrongfully imprisoned would have at least been awarded a stipend for time served.
The “terrorists” have won. Both the ones overseas and the ones in our own government.