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July 18, 2006


All under the flag of the United States of America.

I think I had better not check this thread again, because someone will defend the treatment described above, and I will get banned from ObWi a few minutes later.

Well, I will defend the lawyers. Is shooting someone in the head murder? It depends.

Were all Gore's phone calls, or Delay's fund-raising, or any number of other examples "crimes"? We usually, in public spaces, leave those decisions and resolution of ambiguity to a prosecutor and jury.

Was it Balkin or Lederman who said everyone(tortures and bureaucrats) was likely to get off on due process, "following orders" claims. I presume if officially said before anyone gets charged or the activities stopped, that "waterboarding was inhumane", that defense would not be available, and the illegal order would need to be reported.

I guess it all remains very ugly, and lawyers probably should not act this way.

"Is shooting someone in the head murder? It depends."
Is waterboarding torture? It does not depend.

I wish Congress would start using its authority to jail or fine people for contempt again. These non-answer answers are way out of hand, and contemptuous by both lay and legal definitions.

I should probably mention, Flanigan wasn't confirmed.

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