What's most significant about this is that Hassen is now the 36th detainee who has won his habeas hearing since the Supreme Court in 2008 ruled they have the right to such hearings -- out of 50 whose petitions have been heard. In other words, 72% of Guantanamo detainees who finally were able to obtain just minimal due process (which is what a habeas hearing is) -- after years of being in a cage without charges -- have been found by federal judges to be wrongfully detained. These are people who are part of what the U.S. Government continues to insist are "the worst of the worst" who remain, and whose release is being vehemently contested by the Obama DOJ.
The real disgrace here is that the U.S. Congress, in 2006, enacted the Military Commissions Act, which explicitly denied all Guantanamo detainees any rights to habeas review. The widely loved Lindsey Graham -- along with the profoundly noble Joe Lieberman and John McCain -- were the prime sponsors of that provision. Think about what that means, what the people who voted for that (including 12 Democratic Senators) tried to do: had the Supreme Court not struck down that provision by a 5-4 vote in Boumediene, all of these innocent people would continue to be denied any rights of judicial review, and would unjustly languish in prison indefinitely. The people who voted for the Military Commissions Act, and the 4 Supreme Court Justices who sought to uphold it, knowingly acted to deny scores of innocent prisoners any opportunity for judicial review. That's as warped and as evil as it gets.
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