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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:
Conversation — August 5, 2016, 12:08 pm
Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Amount three New York men owe in restitution for stealing rock lobsters off the coast of South Africa:
AIDS researchers were working to develop genetically modified tomatoes that naturally produce an edible HIV vaccine.
Trump said that he might not have been elected president “if it wasn’t for Twitter."
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"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."