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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