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DOJ to the Rescue… of John Yoo

The Holder Justice Department has filed a sweeping amicus brief in the Padilla v. Yoo case before the Ninth Circuit, seeking to make absolute the immunity granted Justice Department lawyers…

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Praise George W. Bush, Damn Richard B. Cheney

James Fallows pens a striking side-by-side of the last president and last vice president in retirement. Since the results of the 2008 election became clear, the 43rd President of the…

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The Black Hole of Bagram

Tonight President Barack Obama will deliver a major address justifying the orders he issued yesterday for a ramp-up of the military effort in Afghanistan. No matter what he says, his…

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The Stupidity of Evil

Newsweek’s Maziar Bahari got in hot water with Iranian authorities when he gave a dead-pan comic interview to Daily Show correspondent Jason Jones. Fresh out of an Iranian jail, Bahari…

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The Family’s Ugandan Project

In Uganda, a legislative effort has been launched to execute homosexuals. When asked to speak against it, Rick Warren suddenly becomes highly evasive. Now, Harper’s contributing editor Jeff Sharlet reveals…

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English AG Opined Iraq War was Illegal

In Britain, a public inquiry headed by Sir John Chilcot and four other members of the Privy Council is busily burrowing into the circumstances surrounding the commencement of the war…

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An Austrian Tyranny over America?

On July 14, 1927, a jury acquitted three right-wing nationalists who were accused of attempted murder after firing on a protest staged by Austrian Social Democrats a few months earlier.…

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More Evidence of an Emerging Military Dictatorship in Iran

New York Times editor Bill Keller speculated that the Green Revolution in Iran would cement the position of President Mahmoud Ahmadinejad. Others saw another confrontation in which the clerical party…

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Wang Wei’s Farewell

Dismounting, I offer my friend a cup of wine, I ask what place he is headed to. He says he has not achieved his aims, Is retiring to the southern…

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Thucydides – The Oration of Pericles

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¡Obámanos!: Six Questions for Hendrik Hertzberg

A former speechwriter for President Jimmy Carter, Hendrik Hertzberg is the principal political commentator at The New Yorker. He has just published ¡Obámanos!, a collection of short pieces written in…

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A Thanksgiving Meditation

On November 10, President Obama, General Casey, and others spoke at a memorial service at Fort Hood, Texas. I was traveling at the time and missed this event, and just…

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Blackwater’s Pakistan Capers

The disclosures about Blackwater USA (now Xe Services LLC) are coming at a steady drip now. The company first gained international notoriety following the massacre of seventeen Iraqi civilians in…

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How the American Press Mistook China for a Fish

President Obama is winding up an important trip to East Asia this week. A few weeks ago, Secretary of State Clinton concluded a significant visit to Pakistan. Shortly before that,…

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Broder’s Healthcare

In a column on Sunday, the Washington Post’s David Broder explains to us that Harry Reid’s healthcare bill is a “budget-buster.” Broder’s latest bloviation even worked its way on to…

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The Guantánamo Lawyers: Six Questions for Mark Denbeaux and Jonathan Hafetz

Seton Hall Law Professor Mark Denbeaux and Jonathan Hafetz of the ACLU are two of the leading members of the “Guantánamo Bar Association”—the group of private and military lawyers who…

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Nietzsche – The Lonely One

Verhaßt ist mir das Folgen und das Führen. Gehorchen? Nein! Und aber nein – Regieren! Wer sich nicht schrecklich ist, macht niemand Schrecken: Und nur wer Schrecken macht, kann andre…

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Arendt on the Political Lie

[W]hen we talk about lying, and especially about lying among acting men, let us remember that the lie did not creep into politics by some accident of human sinfulness. Moral…

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Frost on the KSM Trial

On today’s Frost Over the World, I discuss with Sir David Frost and Glenn Sulmasy the Obama Administration’s plan to try Khalid Sheikh Mohammed and a group of related defendants…

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Grappling with Contractor Immunity

A little more than six years ago, Lt. Col. Dominic “Rocky” Baragona was on his way home. He had a long journey ahead, but he was looking forward to it.…

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Hang 'Em High!

Former Bush Administration Attorney General Michael B. Mukasey addressed the Federalist Society only hours after his successor, Eric Holder, announced his plan to bring a group of Guantánamo prisoners up…

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Wyatt – They flee from me

They flee from me that sometime did me seek With naked foot, stalking in my chamber. I have seen them gentle, tame, and meek, That now are wild and do…

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Calvin and Madison on Men, Angels and Government

If we were like angels, blameless and freely able to exercise perfect self-control, we would not need rules or regulations. Why, then, do we have so many laws and statutes?…

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Public Event: Guantanamo and Preventive Detention

Tomorrow at Pace University, I’ll be giving the Blaine Sloan Lecture on International Law, in conjunction with the Pace International Law Review Symposium. After Gitmo: Obama Grapples with Preventive Detention…

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Government to Pay $3 Million in Unlawful Surveillance Suit

Establishing a valuable precedent in a case involving unlawful surveillance and botched state secrets claims, the Justice Department has named its price. Wired reports: The U.S. has agreed to pay…

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U.S. Attorney Sought Readership Information from Internet News Site

CBS News reports that on January 23—days after Barack Obama’s inauguration, but before his designated senior team had taken charge at the Justice Department—federal prosecutors in Indiana issued a subpoena…

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Public Event: Grappling with Preventive Detention

On Wednesday, November 11, at 12:15, I will be giving a guest lecture at Wayne State University Law School in Detroit. The event is open to the public. Details here.

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Coping with Bad Prosecutors

Last week the Supreme Court heard argument in a case that seeks to establish a rule of accountability for prosecutors who run amok. It arises from a gross injustice. In…

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