Monthly Archives: December 2004

Ogged On

Unfogged:

Sometimes I get the sense that people are waiting for the skies to darken, as if the heavens will signal when we've become a repressive society; but that's not going to happen, and, in fact, it should already have happened. The difference between the U.S. now, and those repressive regimes is just one of degree: the policy, already implemented, of this government is for indefinite detention without charge; torture while in custody, and court proceedings which make use of information extracted by torture.

And more there too.

Posted in Civil Liberties | 1 Comment

Teresa Nielsen Hayden 1 Newspeak 0

In Making Light, Teresa Nielsen Hayden describes in detail how and why the astroturf organization 'Common Good' is in fact a Common Fraud.

TNH is also, in case you didn't know, the inventor of the disemvowelling concept (“The rule of thumb is that grossly offensive messages and drive-by trollpostings get deleted, but an excessively uncivil tone just makes your vowels disappear. Vigorous argument is appreciated, but a civil tone is required.”) Hmm. Maybe I should say “inventor or at least major popularizer, as apparently a [link fixed] related strategy has been around for a while. Online disemvoweller.

Posted in Readings | 6 Comments

Bush Admin Endorses Use of Evidence Derived from Torture

They have no shame at all, and no concept of due process or humanity.

I have to run to a meeting, but here's JURIST – Paper Chase with the info:

US military panels reviewing the detention of 550 prisoners at Guantanamo Bay may use evidence obtained by torture in deciding whether the detainees are enemy combatants, the US government has said. Principal Deputy Associate Attorney General Brian Boyle said the practice was allowed during a Thursday hearing at a district court reviewing the detention of some foreigners at the US naval base in Cuba. Statements obtained by torture have been barred from admission in US courts for about 70 years. Attorneys for the detainees argued that the use of such evidence violated due process and fundamental fairness, but Boyle argued that the detainees were not protected under the constitution. The review panels are allowed to use evidence that is determined to be reliable, Boyle said. Earlier this week the International Committee of the Red Cross issued a report finding that the US had used tactics “tantamount to torture” on detainees at Guantanamo. The challenges to the detentions are being heard by District Judge Richard J. Leon of the US District Court for the District of Columbia. JURIST's Paper Chase has ongoing coverage of developments at Guantanamo Bay. AP has more.

Posted in Guantanamo | 1 Comment

Law School Exam Thoughts

My research assistant should have been studying for his finals, but instead he posted a pointer to a very funny, and overly true, law review article about finals. See Barsk, Law School Professors Have Humor Too (citing C. Steven Bradford, The Gettysburg Address As Written By Law Students Taking An Exam, 86 Nw. U. L. Rev. 1094 (1992)).

Update: Prof. Bradford's list of publications and presentations contains a promient disclaimer:

WARNING: THE SURGEON GENERAL HAS DETERMINED THAT READING WORKS BY PROFESSOR BRADFORD RESULTS IN LUNACY AND MAY CAUSE COMPLICATIONS IN PREGNANT WOMEN. DO NOT OPERATE A MOTOR VEHICLE WHILE READING, AS READING MAY PRODUCE EXTREME DROWSINESS.

I bet he's a hoot in class.

Posted in Law School | 1 Comment

German Abu Ghraib Complaint

The ever-reliable Karl Lenz reports:

I have just looked at the criminal complaint filed by the Center for Constitutional Rights against high-ranking Americans with the German Federal Prosecutor’s Office under the 2002 German Code of Crimes against International Law, asserting liability for torture at Abu Ghraib.

Under German law, even if the Federal Prosecutor should be not inclined to initiate an investigation, the plaintiffs can appeal that decision to a court. If the plaintiffs don't change their minds for some reason, this is heading to court one way or the other.

Posted in Iraq Atrocities | Comments Off on German Abu Ghraib Complaint

How to Question Bush Better

If you are willing to endure the annoying ad required for a 'Day Pass', you can read my brother's article at Salon, Mr. President, will you answer the question?. Here's the start:

George W. Bush has held far fewer solo news conferences than any president in the modern era. And when he does meet with the press, he avoids direct answers so brazenly that there is scant little value in it anyway. It's time the White House press corps did something about it.

How? In interviews, a half dozen of the best White House correspondents of the recent past have offered up some suggestions for the reporters who will be covering Bush's second term. And one place they can start is by reminding the public of a number of important, outstanding questions left unanswered about Bush's first term.

The article gives sober advice to White House journalists about how to try to shame the White House into less infrequent press conferences, and how to ask the sort of direct questions that are harder to fog out of.

I suspect, however, that the two things are in fact contradictory: if the press starts doing less of a lap-poodle act at press conferences, there are going to be fewer press conferences, not more.

But it's a nice article.

Posted in Dan Froomkin, Politics: US | 2 Comments