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.
If nobody including the thief will get the DAO or Ethereum back, it will increase the remaining Ethereum by 10%.