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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
From the June 2014 issue
Industry estimate of the life span of the average umbrella (in years):
Cancer researchers in California confirmed that dogs can sniff out cancer patients with roughly the same accuracy as screening tests.
A deaf dog belonging to a deaf owner was shot and killed in Alabama, and an Indiana dog’s skin troubles were found to be caused by an allergy to humans. “It’s just not his fault,” said the owner of Lucky Dog Retreat.
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“I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.”