You mentioned two key words - trial and evidence. Up until the DTA there was no requirement for either evidence or trial. They could be and were sent off to Guantanamo without anything. Despite DTA, unfortunately the Secretary of the Navy signed enacting regulations that effectively gutted both the trial and the evidence part of this, thus the SC decision. Apparently one of the detainnees claims evidence that would absolve him of Al Qaeda connections, but he has been denied the opportunity to present this, hence the SC decision.
That was dumb, and the rug of DTA got pulled out from under the administration. This same heavy thumb of command influence has been placed on the scales of the Haditha marines, so it should come as a surprise to no one.
PS. The bio of the suit that is filling the SecNav position. Would it shock you to discover we have a Secretary of the Navy who has no military experience? The secretary of the Air Force who was canned for losing 6 nukes had no military experience either. Are you sensing a pattern in this?
"Today, for the first time in our Nation’s history, the Court confers a constitutional right to habeas corpus on alien enemies detained abroad by our military forces in the course of an ongoing war. The Chief Justice’s dissent, which I join, shows that the procedures prescribed by Congress in the Detainee Treatment Act provide the essential protections that habeas corpus guarantees; there has thus been no suspension of the writ, and no basis exists for judicial intervention beyond what the Act allows. My problem with today’s opinion is more fundamental still: The writ of habeas corpus does not, and never has, run in favor of aliens abroad; the Suspension Clause thus has no application, and the Court’s intervention in this military matter is entirely ultra vires." Justice Scalia
Where is Justice Scalia factually wrong here Jackson?