[lbo-talk] Great moments in legal three card monte

Michael Pollak mpollak at panix.com
Tue Jun 8 13:02:36 PDT 2004


URL: http://www.nytimes.com/2004/06/08/politics/08ABUS.html

At the very end of the NYT's front page article about the newest evidence about how we made torture legal (first unveiled yesterday by the WSJ) (my favorite part was the definitions -- how if you knew it would cause severe pain, but your "objective" was to get the answer to a question, then it wasn't torture; and how if it caused permanent mental damage, but you weren't positive it would, then it wasn't torture), there is a great little paragraph about something else:

The March memorandum also contains a curious section in which the

lawyers argued that any torture committed at Guantánamo would not be a

violation of the anti-torture statute because the base was under

American legal jurisdiction and the statute concerns only torture

committed overseas. That view is in direct conflict with the position

the administration has taken in the Supreme Court, where it has argued

that prisoners at Guantánamo Bay are not entitled to constitutional

protections because the base is outside American jurisdiction.

This administration is amazing. It's not only made a mockery of international law. It's brought law itself to a point beyond parody.

Michael



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