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Saturday, June 19, 2004
The Torture Memo

Great job by Professor Froomkin in explaining the infamous Department of Justice memo approving torture of prisoners. Jack Balkin observes:

"The most important point is that this OLC memo is not a draft but official advice to the President. The OLC memo did not state that torture was wrong and that our government should not engage in it. Instead, it offered official advice about how to enagage in torture and escape criminal prosecution, or, in the alternative, to define prisoner abuse as not technically torture in order to escape criminal prosecution."

Friday, June 18, 2004
Recording Police Interrogations

TalkLeft has some interesting comments on police recording of custodial interrogations. While I'm not sure that commentators on this subject give adequate attention to the administrative burden that would be created, the idea has a lot of potential to benefit law enforcement as well as reduce the potential for abuses.

ACS Spring Newsletter

The ACS Spring Newsletter is available for downloading.

Thursday, June 17, 2004
John Ashcroft: The Worst?

"No question: John Ashcroft is the worst attorney general in history."

Economist Paul Krugman makes this bold assertion in his June 15 NY Times column. Does he back it up? You be the judge. The column is archived at The Unofficial Paul Krugman Web Page.

Wednesday, June 16, 2004
FBI Laboratory: Still A Mess

The FBI's problems with incompetent fingerprint matching are merely the latest in a long string of problems with that troubled organization. A recent Department of Justice Office of Inspector General report discloses similar problems with DNA and other tests. Of course, the Inspector General has been warning about such problems since 1997. They have been known long before that.

This situation is intolerable. Such problems are on the verge of creating distrust among juries that can threaten the administration of justice.

Sunday, June 06, 2004
Bush, Cheney Lawyer Up In Plame Investigation

Criminal defense expert TalkLeft, recent winner of the Netlawtools MVP Site award, comments on the decisions by the President and Vice President to seek legal advice concerning their involvement in the criminal investigation of the outing of CIA operative Valerie Plame.

John Dean, who knows a thing or two about Presidential crimes and cover-ups, explains why it's a big deal:
[A]n experienced former federal prosecutor who works in Washington, specializing in white collar criminal defense (but who does not know [the President's new criminal lawyer] told me that he is baffled by Bush's move - unless Bush has knowledge of the leak. "It would not seem that the President needs to consult personal counsel, thereby preserving the attorney-client privilege, if he has no knowledge about the leak," he told me.


Saturday, June 05, 2004
Career Military Lawyers vs. Politicians

Joe Conason has a great article about efforts of professional soldiers to prevent the Iraqi prisoner abuse scandal that has strengthened anti-U.S. terrorists worldwide, and in the Middle East in particular:
[C]areer military officers at the Pentagon were 'greatly upset' by what they regarded as the deliberate destruction of traditions and methods that have long protected soldiers as well as civilians. Those officers, and others who may have evidence to offer, are obviously reluctant to step forward and speak because they fear reprisal from the Pentagon and the White House. They have been instructed not to talk to anyone about these issues. It is to be hoped that in the investigations to come -- whether or not Secretary of Defense Donald Rumsfeld and Undersecretary Feith keep their jobs -- those conscientious officers will be able to tell what they know about the decisions that led to this national disaster.