...in relatively short order). See, e.g., Slip. Op. at 51, 52-53. This is at the heart of the mess that Roberts and Kennedy stumble into as they talk past one another in their discussion of direct vs. collateral review. Where the pre-habeas process is
battlefield interrogation by U.S. soldiers, as the Solicitor General came close to suggesting in Hamdi, habeas courts will be searching and skeptical. Where the pre-habeas process offers a legitimate chance for innocent detainees to prove that innocence to an independent decisionmaker, the procedures and standards applied...