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Monday, April 07, 2008 - Posts

  • "At the Highest Levels"


    Eric : "I agree with you that these decisions [whether the U.S. should breach its treaty obligations] should be made by politically responsible officials at the highest levels ." Of course I agree with Eric that if Congress authorized the CIA to engage Read More...
  • Reply to Marty


    Morally relevant, Marty, not legally relevant. That a law exists does not mean that it is a good law. On the second point: not "two wrongs make a right," but "historic practice has been to balance security and other values," and one shouldn't be fooled Read More...
  • What's Law Got To Do With It?


    Eric makes at least two arguments in response to my claim the CIA's enhanced interrogation techniques would violate the Geneva Conventions and the Convention Against Torture. First, he claims that "treaties are only as good as the underlying logic of Read More...
  • Not Straw Men


    In his first post in response to my recent column , Marty declares me “simply incorrect” for arguing that there is, as I put it, “considerable space between what the [Army] field manual [on interrogations] permits and what the law might reasonably tolerate.” Read More...
  • A guest post from Jonathan Hafetz


    Jonathan Hafetz directs litigation for the Liberty and National Security Project of the Brennan Center for Justice at NYU Law School. His thoughts on the torture memo and Guantanamo, below: John Yoo’s recently released March 14, 2003, OLC memo is a tour Read More...
  • Simple Answers to Complex Questions


    Marty criticized Ben for arguing in a column that the rules governing CIA interrogation should be different from those governing the Army. Marty says that America's "core values," embodied in administrative regulations, statutes, and policies going back Read More...
  • 21st Century Turn of an Arendtian Phrase


    "Memo to the next president" is the title of Los Angeles Times reporter Tim Rutten's commentary about how hard it will be for the administration that takes office on January 20, 2009, to get the United States out of the complex mess that's typically subsumed Read More...
  • Is the Iraq War Soon To Be Unlawful?: Show Me the Money


    In the Washington Post yesterday, Bruce Ackerman and Oona Hathaway argued , not without some force, that when the current U.N. Iraq Resolution expires on December 31, there will no longer be any factual predicate for the president's use of military force Read More...
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