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Convictions: Slate's blog on legal issues
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Orin, thanks. Your latest post helps me understand better why you think judges aren't well-suited to determining whether someone belongs somewhere like Gitmo. Unfortunately, now I disagree even more. Your core argument seems to be that regular judges Read More...
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I'm glad Dahlia chose to open her " Breakfast Table" discussion with Walter Dellinger, Jack Goldsmith, and Cliff Sloan with a note about Boumediene — and Justice Antonin Scalia's absurd sky-is-falling dissent arguing that detainees will exit the habeas Read More...
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Yesterday, the Senate armed services committee released a 63-page set of documents that illuminates how the Pentagon developed, selected, and approved its list of coercive interrogation techniques for Guantanamo Bay. As Joby Warrick reports in today's Read More...
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Ben's very useful post throws the preventive-detention gauntlet right back at me—and that's fair enough. I'd suggested his approach conflates two separate problems: (1) getting the truck out of the detention ditch at Gitmo (its own unique mess), and (2) Read More...
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First, thanks, Dawn , for those way too kind words about the detainees' panel at the ACS Convention . I personally thought the highlight was Alberto Mora's policy case about the huge counterterrorism security problems our recent approach to detention Read More...
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The Court's opinion in Boumediene is less law than a further announcement that the failed foreign policy of the Bush administration is ending. Fewer words needed. Read More...
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In holding that the reach of the Constitution is to be measured functionally, not formally, a majority in Boumediene resolves a question previously muddled by plurality opinions. Whether U.S. agents must adhere to the U.S. Constitution when acting outside Read More...
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This just in via SCOTUSblog —the Supreme Court decided today in a 5-4 opinion that detainees at Guantanamo Bay could bring petitions for habeas corpus in federal district court. As Jeff Toobin just said on CNN, this marks the third time (more if you count Read More...
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In seeking to defend the call for a novel means to prosecute persons suspected of terrorism , Ben deploys phrases like "viable trial regime" and "what we want as a society" and "another legitimate system." He contends that absent adoption of this new-fangled Read More...
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Seeing my own words in print again, Ben, you're right, my question about criminal trials in federal courts came out a bit more gauntlet-y than I intended. Chalk it up to accumulated Guantanamo exhaustion. You've nonetheless given a good, thoughtful response, Read More...
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I'd just finished reading the spate of e-mails and articles about last week's opening proceedings in the military commission trials of KSM, et al. down at Guantanamo when I came upon the link to Ben and Dahlia's discussion of the matter (among other things) Read More...
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Imagine if, during the O.J. Simpson murder trial , Judge Lance Ito ordered the district attorney's office to hand over DNA samples and logs of O.J.'s stay in county jail after his arrest. Then imagine that the prosecutors refused to do so. And that, instead Read More...
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I had the pleasure of spending a few hours late last week at the tail end of what looked to have been a terrific seminar series on current challenges in the law of war. The lectures were aimed at an audience of mostly Capitol Hill staffers and delivered Read More...
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In case you missed what in most news cycles would've been headline news, Defense Secretary Gates told a subcommittee of the Senate appropriations committee yesterday that efforts to close Guantanamo were "at a standstill." CNN quotes Gates testifying: Read More...
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The Justice Department released its inspector general report (PDF) today clearing the FBI of most wrongdoing in connection with the coercive interrogations (read: torture) of prisoners at Guantanamo Bay, Cuba. For the most part, the report concludes that Read More...
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Am enjoying today's discussion of U.S. military commissions. But I fear the jumping-off point for the discussion, an endorsement of France's prosecution of Farid Benyettou et al . , rests on shaky ground. It's dangerous to try to draw parallels between Read More...
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