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Convictions: Slate's blog on legal issues
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Can the president indefinitely detain someone who has no connection to al-Qaida and who has not engaged in any belligerent acts against the United States? Last week, an ideologically diverse panel (Judges Sentelle, Garland and Griffith) of the United Read More...
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David , you're right: Kennedy's opinion in Boumediene calls Congress out. Hey, you want to suspend habeas, go ahead, but we're not going to let you back into it by mumbling about jurisdiction-stripping. Which makes it striking that in the opening of his Read More...
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Eric writes : "We are agreed, yes? That procedural protections in civilian courts are too high for war-on-terror prosecutions? ... If yes, then there is just an empirical question of whether we should demand that federal judges relax procedural protections Read More...
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Also , our point wasn’t to issue any sort of blanket indictment of military justice, or American justice, as a whole. To the contrary. Same government, yes, but very different rules—and in the traditional court systems, it’s the courts that make those Read More...
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Eric, I think Joseph Heller would agree with the Catch-22 scenario you've described for the commissions at Guantanamo Bay. They truly are damned if they proceed and damned if they don't. Perhaps unintentionally, I think you've arrived at the right conclusion: Read More...
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Well, Phil , after reading the Pentagon's press release on the decision to drop charges (for now) against al-Qahtani, I admit to being overcome by the more cynical angels of my nature. On the one hand, I can see a pretty sensible prosecutorial rationale Read More...
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The Associated Press reports this morning that Pentagon officials have dropped military commissions charges (for now) against Mohammed al-Qahtani—better known as Detainee 063 after the Time cover story detailing his interrogation. Prosecutors alleged Read More...
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A guest post from Jonathan Hafetz at the Brennan Center: Even as criticism of Guantánamo mounts, Guantánamo’s underlying hypocrisy endures. That hypocrisy manifested itself again last week in a little-noticed decision by Washington, D.C. District Judge Read More...
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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...
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One of the things I agree with Ben Wittes about is the need to get serious about how a next administration is going to fix various aspects of U.S. counterterrorism policy. That's why one of the things I liked most about Jack Goldsmith's column this week Read More...
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After reading the March 2003 memo ( NYT and WP ), I feel like the youngest kid at Passover dinner, who by tradition asks the question "How is this night different from all other nights?" Except that in this case, I'm left with the question of "How is Read More...
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Today's Washington Post reports that the Bush administration has decided to charge Ahmed Khalfan Ghailani with before a military commission at Guantanamo Bay for acts committed before Sept. 11 -- to wit, his alleged participation in the bombing of the 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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What do you all make of Attorney General Michael Mukasey’s reported comments in London last week that the 9/11 plotters the Pentagon will be trying at Guantanamo Bay should not be executed even if they’re convicted? These are the same terrorists who’ve Read More...
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Despite the years that I've labored in the law of crime, today marks the first time I find myself on a " Convictions " list. Happily, I've assumed the label not in a court of law but in this court of public opinion just launched by Slate . The brains Read More...
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With many thanks to Phil Carter for putting together Slate 's new contribution to the legal blogosphere, I guess I'll begin by taking Phil up on his offline suggestion, viz. you might want to begin by saying something about who you are and why you're Read More...
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