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November 18 roundup
Overlawyered —
Harvard’s Charles Nesson argues that Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 violates Constitution by letting civil lawyers for RIAA enforce a criminal law [AP/MSNBC]
In some circles, bitter disappointment at reports that Obama camp probably won’t pursue Bush predecessors as war criminals [Paul Campos, Horton/Harper's; earlier]
Latest on wrangle over “exorbitant” fee: Alice Lawrence’s deposition-skipping before her death could endanger her estate’s claim against ...
I Stand In Front Of You, I Take The Force Of The Blow
Firedoglake —
Lara Jakes Jordan has a piece for the AP about how Obama's advisers say they won't prosecute interrogators who tortured dudes. It really ought to have mentioned how the 2005 Detainee Treatment Act, written by the noble incarnation of John McCain, basically makes it really hard to pursue any such prosecutions. I'm no Marcy Wheeler or nothin', but check out section 1004: ...
God Damn the God Damn Liberal Media
This Modern World —
This is from Scott Horton’s new article in Harper’s on creating some kind of accountability for the torture conducted by the Bush administration (subscription required): [I]n a 2006 radio interview, Dick Cheney said simply that the use of waterboarding to obtain intelligence was a “no-brainer.” Cheney at the time declined to refer to this practice as torture, preferring instead to describe it as “robust interrogation,” and that reluctance has been echoed in the press. I myself was twice warned by PBS producers, in advance of appearances on The Newshour with Jim Lehrer , that I could use the word “torture” in the abstract but ...
The Mixed Up Files of G.W. Bush
TPMCafe —
In the spirit of the impending holiday, let me start off by saying many thanks to TPM for the opportunity to kick around the question of how to investigate and reckon with the full Bush legacy in the company of people who are much better-schooled in this area than I am. Scott Horton of Harper's--who, unlike me, actually knows something about the law--has a great piece on the subject out this month (Harper's hasn't put it online for non-subscribers, but if you have superhuman vision maybe you can read the tiny thumbnails here). Anne Weismann of Citizens for Responsibility and Ethics in Washington ...
Here Comes The Argument
Firedoglake —
In life, there are are few pieces of absolute strategic wisdom. One is never to get involved in a land war in Asia. Another is not to get into a dispute about facts with Glenn Greenwald. A third is not to miss the forest for the trees. While I may not set foot in Asia, I think I'm about to violate the other two rules.
Glenn has led the charge against John Brennan for being "an ardent supporter of torture." Without touching on Glenn's evidence, I looked at the case made by an anti-Brennan coalition and found it to be dubious. Glenn cordially asked me if I'd take a look at his stronger case (my ...
TPMtv: After Torture, Part II
Talking Points Memo —
... At a panel last week on justice in the post-Bush era, Scott Horton of Harper's explained to TPMtv why the Justice Department may not be the best venue to lead investigations of the Bush years. Also: Horton says members of the Obama transition team have asked him "penetrating questions" about his December cover story on how we should investigate -- and potentially prosecute -- Bush-era lawbreakers ... ...
Deterring Torture Through the Law
Antiwar.com Original —
... an abrupt halt to torture, as he has promised and preferably on Jan. 20, right after he is sworn in as president. A timely report from an independent prosecutor would surely be helpful in buttressing and justifying that order. Before the Senate Armed Services Committee's released a summary of its report on Dec. 11, and before Cheney threw down the gauntlet four days later, what seemed to make the most sense was the more gradual approach proposed by the insightful lawyer/writer Scott Horton (see December issue of Harper's ). Horton calls for the appointment of a commission ...
Deconstructing Dick: Sneer and Loathing for the Rule of Law
Firedoglake —
... So unless someone puts a stop to the President's actions, whatever extreme, illegal action he takes is a-okay in Dick-land. Regarding internment camps for the Japanese during WWII? ...
Destructive Criticism Is Warranted For Torture Cover-up
Newshoggers.com —
... said that progressives' challenge was to tread "that line from destructive criticism to constructive criticism".
I've no problem whatsoever with saying that if the Obama administration lets the orderers, justifiers and perpetrators of these crimes against humanity walk away from justice then the criticism should be destructive. No matter what else they might accomplish, they will not deserve our support if there's not enough change on this issue. It's just that big of a deal. ...
