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Convictions: Slate's blog on legal issues
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John Yoo is a scholar of the first-rank. He confronted a legal and factual problem unlike any other public servant before him.
With hardly any law, and even less direct judicial precedent, he reached plausible, but not always, prudent conclusions. If we put aside the understandable suspicion of the overreaching of the president, can we objectively say what went wrong and, without perfect hindsight, what were the alternative legal -- as opposed to policy -- conclusions? Read More...
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Diane's point is well-taken: If the evidence is tainted, it's tainted for purposes of conviction, as well as for sentencing, and it's just as tainted if the defendant gets a long prison sentence as it is if he gets a lethal injection. If the conviction Read More...
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Democrat Barack Obama has persuasively made his case to be president of the United States to this former constitutional lawyer for two Republican presidents. Here's why. . . Read More...
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[Benjamin Wittes] To the extent the eventual convictions of KSM et al rely on coerced testimony, even indirectly, I agree with you, Emily , that the Defense Department should not put them to death. The hard question is what to do if, notwithstanding their Read More...
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Ben, you posed great questions the other day about the 9/11 plotters, their culpability and appropriate punishment, the due process that the military tribunals set up to try them could deliver, and, especially, what "real due process" would look like Read More...
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Emily’s brief post raises several fascinating questions, which seem to me to warrant fleshing out. The key sentence is the following: “if the government executes these men [the 9/11 plotters] after the coercive interrogation (torture) some of them experienced Read More...
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Like Ben and Eric , I felt a certain appreciation for Mukasey's odd riff about how he "kind of hope[s]" the 9/11 plotters don't get the death penalty because they're like masochists who want it, which would make the US a sadist in doling it out. First Read More...
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