Among the many, many, many problems with running a torture program (beyond being morally problematic and with no history of effectiveness) is the fact that it makes it easier for others to justify torture programs as well. It’s now come out that ISIS has been waterboarding prisoners, including reporter James Foley whom they recently beheaded. Waterboarding, of course, was one of the CIA’s favorite torture techniques. And, of course, people had warned for years that having the CIA waterboard people would only encourage others to use the technique against Americans. Hell, even Senator Dianne Feinstein condemned waterboarding a few years ago, because it would lead others to do it against the US:
* Check out these awesome graphs showing the change in the USNWR rankings of the top 50 law schools over the last six years. [LawyerWrit]
* “Dear Texas courthouse… We’ve been tapping your phones. Love, FBI” [San Antonio Express-News]
* Google’s getting sued for pushing addictive games with in-app purchases. [IT-Lex]
* The prosecution of Zachary Warren, who was 24 and only a few months into his job, for Dewey’s fall seems to be taking it a bit too far. [Belly of the Beast]
* A pair of lawyers are accused of tax credit fraud for going a bit too Hollywood. [The Times-Picayune]
* Lee Pacchia talks with Kent Zimmermann about the warning sent to struggling firms by the Dewey charges. Embedded after the jump… [Mimesis Law]
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* Man tried to rob a convenience store so he could go back to prison. And he almost screwed that up… [KMOV]
* The CIA’s former lawyer explains how torture came to be a go-to national policy. According to John Rizzo, author of the forthcoming Company Man (affiliate link), George W. Bush basically had no conception of what was going on, which makes a lot of sense anyway. [The New Yorker]
* Brooklyn Law’s Dean Nick Allard makes predictions for law schools in 2014. “[P]eople will look back at 2014 and say it marked the start of the new world of law: a renaissance where the respect and reputation of lawyers and law schools began to rise by measurable benchmarks.” Go ahead and laugh, I’ll wait. [TaxProf Blog]
* Nooooooooooooo! Judge Richard Kopf is ending his blog. [Hercules and the Umpire]
* And the hits keep on coming. Professor Kyle Graham is also leaving the blogosphere. [Non Curat Lex]
* The Ninth Circuit will start streaming all of its oral arguments next week. If you want to help them out, tune in. No promises that the panel will excoriate any prosecutors this time. [Ninth Circuit]
The only thing surprising about the revelation yesterday that the Justice Department seized the phone records of AP reporters, is that anyone still cared enough to express outrage.
In a world where both parties (with the implicit support of almost everyone in the country) gladly support the PATRIOT Act and sternly denounce intelligence leaks as the worst breach of security ever, how can anyone be shocked or dismayed that the Justice Department used its broad investigative powers in an effort to stop a leak?
Conservatives, liberals, and reporters alike have little room to seriously complain…
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I have no comment. Hope you will understand.
– Robert Barnett, longtime Williams & Connolly partner and D.C. power broker, declining to comment to the New York Times about his representation of General David Petraeus, the former CIA Director who stepped down amid a sex scandal. Our jokey headline notwithstanding, “no comment” was probably the best comment here.
(Additional tidbits about who is representing whom in this messy affair, after the jump.)
Imagine what would have happened if the Obama administration had been running things immediately following 9/11. After their “arrest,” we would have read [Khalid Sheikh Mohammed] and [Abu Faraj al-Libi] their Miranda rights, provided them legal counsel, sent them to the U.S. for detention, and granted them all the rights provided a U.S. citizen in criminal proceedings.
If this had happened, the CIA could not have built the intelligence mosaic that pinpointed bin Laden’s location. Without the intelligence produced by Bush policies, the SEAL helicopters would be idling their engines at their Afghanistan base even now. In the war on terror, it is easy to pull the trigger — it is hard to figure out where to aim.
– Professor John Yoo, in an opinion piece in today’s Wall Street Journal. While serving as a Justice Department official in the Bush Administration, Professor Yoo provided legal analysis supporting the application of enhanced interrogation techniques to terror detainees — techniques that may have yielded information used in locating Osama bin Laden.
(A counterpoint to Professor Yoo — we believe in presenting both sides here at Above the Law — appears after the jump.)