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Law professor and Los Angeles Times columnist Rosa Brooks examines the court-martial of Commander Matthew Diaz and comes out almost exactly where I did.
The prosecution of Diaz highlights the degree to which U.S. interrogation and detention policies have become unjustifiably arbitrary. Our detention policies scoop up the innocent and the guilty alike — and Diaz, who broke the law in an effort to prevent abuses, found himself aggressively prosecuted, while others who committed abuses remain wholly unaccountable. That’s no way to promote the rule of law…
The jury understood that the persistence of deep injustice may lead some to break the letter of the law in an effort to uphold the law’s spirit. When Diaz mailed the list of detainees to human rights lawyers, he did the wrong thing — but he did so for all the right reasons.
All prosecutors make choices about which cases to pursue and which to drop. The Diaz case is exactly the sort that no conscientious prosecutor would ever have pursued. And the juxtaposition of this case with the enormous number of prisoner abuse cases that go unprosecuted reveals something totally perverse: a prosecutorial intention to subvert the Rule of Law. This is not justice. Rather it is the precise opposite.
More from Scott Horton:
Six Questions — October 18, 2014, 8:00 pm
Nathaniel Raymond on CIA interrogation techniques.
Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp
Acreage of a Christian nudist colony under development in Florida:
Florida’s wildlife officials decided to remove the manatee, which has a mild taste that readily adapts to recipes for beef, from the state’s endangered-species list.
A 64-year-old mother and her 44-year-old son were arrested for running a gang that stole more than $100,000 worth of toothbrushes from Publix, Walmart, Walgreens, and CVS stores in Florida.
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