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Willful Naivete


I can’t believe that conservatives really think that there’s something unusual about the state using leverage to extract agreements without a full trial, but that really does seem to be the core of their most recent line of defense for BP. Obviously, comparing such agreements to genocide really does take it that extra level.

It also makes the arguments of Col. Mustard et al. that the agreement actually violates the Constitution especially farcical. If the state violates the 5th or 14th Amendment every time it extracts a deal after an implicit or explicit threat of further legal action, we’re going to some radical changes in fiscal policy: just paying for judges and lawyers alone might consume more resources than the Pentagon…

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