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Politics : View from the Center and Left

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To: Lane3 who wrote (72302)6/16/2008 5:54:24 PM
From: spiral3  Read Replies (1) of 542068
 
Generally, I'm challenging the notion that we can just plunk terrorists into our criminal justice system and all will be well.

June 13, 9:10 AM, 2008
A Setback for the State of Exception
By Scott Horton

Is a radical shake-up of the nation’s legal process necessary? Does the criminal justice process not in fact already have the tools necessary to cope with such cases? I recently attended a RAND Corporation function in Santa Monica in which a group of federal judges, two of them George Bush appointees, spoke to that question. They were all agreed that the necessary tools were already present. To the extent the counterterrorism trials they presided over had not gone smoothly, the judges were united in blame allocation: they placed it squarely on the shoulders of the Bush Justice Department, charging it had consistently hyped and politicized the cases and brought charges which plainly were not sustained by any evidence.

A powerful case against the idea of a national security court is also made in a paper prepared by lawyers Richard B. Zabel and James J. Benjamin, Jr. entitled “In Pursuit of Justice: Prosecuting Terrorism in the Federal Courts.”(2 MB PDF). humanrightsfirst.info

Anyone looking for an introduction to the issues which the administration will be raising, minus the chicken-with-head-chopped-off breathlessness with which they will be presented, can profit greatly from an investment of several hours in this report.

harpers.org
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