It seems 20% of the miners in the ethpool.org do not agree with that. They do not think taking 4% etherum out of circulation is a good idea.
http://ethpool.org/stats/votesThe "attacker" is winning. That was much less than 20% when I looked it a few hours ago.
Nobody in the DAO will ever get their tokens back.
Checkmate.
Personally it's less about getting it back more denying the attacker. After all most people invested into the DAO the gains they made from the ETH ico.