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The other day I praised Benjamin Wittes for showing that sensible, moderate criticism of President Bush’s terrorist-detention policies is possible. I got an email on the topic:

I . . . fully agree with his legal judgment.  I dissent somewhat as to the policy.  We can’t let Al Qaeda captives review classified evidence.  It will end up in bin Laden’s hands (as [evidence] handed over at trial has in the past).  DOJ’s proposed case guidelines allow the detainee’s security-cleared lawyer to review the [evidence], but not the detainee.  That is a fair compromise.

And this is not a “war like no other.”  You think it was always clear who the enemy was — or when the end would come — in the 19th century Indian wars?  Or that it was always clear who was Viet Cong?


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