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the arbitrary executive

On Entrenching Gitmo

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In General
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On March 9, 2011
Serwer: It doesn't of course -- Republicans arguing that Gitmo is open because Obama has recognized the wisdom of using the facility is like a bully stealing a kid's lunch money and then telling everyone he merely decided to make a shrewd investment. Gitmo is...

On Yoo’s Torture of History

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In General
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On February 21, 2011
Via Julian Sanchez, Julian Davis Mortenson does excellent decimation work on John Yoo's attempt to project his Schmittian views of executive power onto the framers and the Constitution. For the shorter version, Stephen Holmes's essay remains an eternal classic.
Discussing the recent whining of Alberto Gonzales who, like Jay Bybee, wants it known that he's one of the real victims of the arbitrary torture regime he helped conceive of and implement, Dahlia Lithwick points out that according to reasonable, moderate, thinking man's advocate of...

Having It All Ways

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On December 7, 2009

This gets it right. Obviously, trying to pose as defenders of the rule of law when you believe that the government needs to be doing a lot more arbitrary detention.

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