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"If judicial review depends on a presumption that the jailer’s documents are reliable, then there is no review. The jailer always has documents: it has only to write them."
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"It’s hard to think of many other journalists who have slogged through such a thankless beat for so long. It’s hard, too, to think of many other beats that are more important to give such tireless coverage."
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Guantanamo Bay: How the White House lost the fight to close it.
This piece features some great reporting, synthesizing, and explaining from Peter Finn and Anne Kornblut. But the most interesting thing about it is how perfectly it matches the stories civil libertarians were telling each other about how the administration fell down on the job.
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"But, as the military commissions gear up for what could be their first cases to end in death sentences, a shadow hangs over the lawyers representing these most unsympathetic of defendants. For well over a year, civilian and military defense lawyers representing so-called “high-value detainees” at Guantanamo Bay were caught up in a secret Justice Department investigation. (The agency won’t say whether the investigation is still ongoing.) Can Guantanamo lawyers mount full and fair defenses of the 9/11 conspirators while under the pressures of a past or present DOJ investigation—and the threat of a future probe by the Pentagon itself, as some congressional Republicans have called for? We’re about to find out."
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"The only lesson learned is that Obama’s hand can be forced."