Notwithstanding some outrageous and inappropriate comments from politicians and others, last week’s Supreme Court decision in Boumediene spoke volumes regarding important constitutional issues: it affirmed the writ of habeas corpus for the Guantnamo prisoners and it reaffirmed a functioning separation of powers among the three branches of our government.
Intemperate statements to the contrary, Boumediene does not constitute a “get out of jail free” card; in fact, it frees no one. Rather, it affords men locked up without charges, many for over six years, a day in court. If the prisoners, following a constitutionally consistent trial, are convicted, they will be punished in accordance with applicable law. To the dissenters, who state unconvincingly that our four GTMO clients have a “most generous set of procedural protections,” I would say six years of extreme isolation without being charged, let alone convicted, clearly demonstrates that existing procedures are abject failures.
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