At National Journal, Corine Hegland was planning a profile of the white-shoe lawyers who have been representing many of the Guantanamo detainees. Hegland says she conducted interviews with about ten of the attorneys, and that at the end of the sessions each attorney would mention the same thing: ??You know, my client wasn?t caught on the battlefield and he isn?t tied to al Qaeda.? I was taking the train back from New York one night, and it hit me over the head, ?Holy crap, what happens if the attorneys are telling me the truth???
Finding the answer wasn?t easy. After a Supreme Court ruling in 2004 giving Guantanamo prisoners access to federal courts, lawyers for the detainees filed petitions challenging their clients? imprisonment. In about 130 of the cases -- there are about 400 prisoners -- a judge ordered the Pentagon to hand over its evidence...
After two months of sifting the information, Hegland had her answer. ?The data was really clear,? she says. ?It was mind-boggling.? It showed that most of the detainees hadn?t been caught ?on the battlefield? but rather mostly in Pakistan; fewer than half were accused of fighting against the U.S., and there was scant evidence to confirm that they were even combatants. In other words, most of the detainees probably were entirely innocent.
Just a few days after Hegland published a three-part series on her findings in early February, a law professor at Seton Hall University, Mark Denbeaux, and his son, Joshua Denbeaux, who together have represented Guantanamo detainees, published a study that also used the Defense Department?s own data, though a somewhat different set. After stripping out the prisoners? names, along with the supporting memos and transcripts, the Pentagon had publicly released the summary of evidence against every Guantanamo prisoner. Using that larger but less detailed data set, the Denbeaux?s findings echoed Hegland?s: Only 8 percent of detainees at Guantanamo were labeled by the Defense Department as ?al Qaeda fighters,? they found, and just 11 percent had been captured ?on the battlefield? by coalition forces.