I’m not 100 percent certain that what I am suggesting is wise, politically astute, or even that it would work legally....But maybe, just maybe, it is the answer–or an answer–to the problem of how to try KSM and the 9/11 conspirators...
I want to make an affirmative argument against principle here–specifically, against the conviction that is now so prevalent in conservative circles that military commissions represent the only acceptable trial venue for KSM...
I disagree with a great deal in this oped and don’t mean to pick every nit I could find in it. But it is worth answering some of Marc Thiessen’s major points...
In my initial post on the ACLU/CCR brief in Al Aulaqi, I promised to return to several of the themes I sketched out...[The] first: The total absence of press coverage of the substance of the arguments the groups are making...
First, the brief is a remarkable piece of work–elegantly-argued, well-crafted, and powerful. It is persuasive on some points, and challenging even where unpersuasive...
I have now read Judge Reggie Walton’s opinion affirming the detention of Guantanamo detainee Toffiq Nasser Awad Al-Bihani. In keeping with my usual practice, I will leave it to others to discuss the case’s effect on the “scorecard...
