If we manage to erase one hideously bad idea from our collective memories of the law in the war on terror, please, please let it be this one: Legal questions are neither "hard," nor "novel," nor "open" merely because someone at the White House didn't like the legal answer that followed them. Easy questions don't morph into tough ones just because you can find some guy willing to argue the other side. And if—as both Sands and Lederman have observed—Haynes and his colleagues shut down efforts by Jane Dalton, the legal adviser to the chairman of the Joint Chiefs of Staff, to review the techniques, then we truly are witnessing something astonishing: Haynes turned an easy legal question into a hard one by avoiding it altogether.
Thursday, June 19, 2008
From my favourite lawyer, Dahlia Lithwick. She is so right.