Thanks to SCOTUSblog, we have Documents on Boumediene detainee ruling including a full transcript of the remarks by Judge Leon, that I mentioned previously (Judge Grants Writ of Habeas Corpus for 5 out of 6 Gantanamo Detainees)
Here's the key excerpt from the transcript, significantly reformatted for easier reading:
Now, I want to raise a note of caution to those who may be listening or to those who will read my ruling. This is a unique case. Few, if any others, will be factually like it. Few, if any others, will be factually like it. Nobody should be lulled into a false sense that all of the Government's cases will look like and be like this one. If there is any lesson that the parties and the Court have learned, these cases are unique and the habeas process must be flexible.
The practical effect of the Supreme Court's decision to superimpose the habeas process into the world of intelligence gathering is to create a virtually limitless complex of novel and difficult questions. As a result, the precedential value, if any, should be and is — should be and is limited to these cases.
One last point I would like to make.
The Court appreciates fully that the Government has a right to appeal its decision as to these five detainees whose petitions I have granted. I have a right, too, to appeal to the senior-most leadership at the Department of Justice, Department of Defense, and the CIA and other intelligence agencies. My appeal to them is to strongly urge them to take a hard look at the evidence, both presented and lacking, as to these five detainees. Seven years of waiting for our legal system to give them an answer to a question so important, in my judgment, is more than plenty.
The appellate process for these five detainees would, at a minimum, constitute another 18 months to two years of their lives. It seems to me that there comes a time when the desire to resolve novel, legal questions and decisions which are not binding on my colleagues pales in comparison to effecting a just result based on the state of the record.
Detainees' counsel will undoubtedly file an appeal with regard to my decision denying Mr. Bensayah's petition. That appeal will provide more than enough opportunity for both sides to challenge the novel, legal rulings that this Court has had to make.
I appeal to the senior leadership of those agencies to bring to an end this process as to these five detainees. We will stand in recess.
Strong stuff.
