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	<title>Comments on: Magna Carta Trashed</title>
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	<link>http://crookedtimber.org/2005/11/12/magna-carta-trashed/</link>
	<description>Out of the crooked timber of humanity, no straight thing was ever made</description>
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		<title>By: Anna in Cairo</title>
		<link>http://crookedtimber.org/2005/11/12/magna-carta-trashed/comment-page-3/#comment-121389</link>
		<dc:creator>Anna in Cairo</dc:creator>
		<pubDate>Tue, 15 Nov 2005 08:39:14 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/12/magna-carta-trashed/#comment-121389</guid>
		<description>I have read through this and I must just be appallingly stupid, so forgive this question:

Why are Americans against the Gitmo detainees having full civilian trials?  What is wrong with this?

Sorry.  Again, I just must be very stupid, but I do not see why anyone would be opposed to giving the same rights to these detainees we give to American citizen serial killers and terrorists such as Timothy McVeigh.

So, why, RD and others, are you against this?</description>
		<content:encoded><![CDATA[	<p>I have read through this and I must just be appallingly stupid, so forgive this question:</p>

	<p>Why are Americans against the Gitmo detainees having full civilian trials?  What is wrong with this?</p>

	<p>Sorry.  Again, I just must be very stupid, but I do not see why anyone would be opposed to giving the same rights to these detainees we give to American citizen serial killers and terrorists such as Timothy McVeigh.</p>

	<p>So, why, RD and others, are you against this?</p>
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		<title>By: thibaud</title>
		<link>http://crookedtimber.org/2005/11/12/magna-carta-trashed/comment-page-3/#comment-121119</link>
		<dc:creator>thibaud</dc:creator>
		<pubDate>Mon, 14 Nov 2005 18:33:59 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/12/magna-carta-trashed/#comment-121119</guid>
		<description>&quot;nice man&quot; - tee hee! you real funny, tps12</description>
		<content:encoded><![CDATA[	<p>&#8220;nice man&#8221; &#8211; tee hee! you real funny, tps12</p>
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		<title>By: tps12</title>
		<link>http://crookedtimber.org/2005/11/12/magna-carta-trashed/comment-page-3/#comment-121110</link>
		<dc:creator>tps12</dc:creator>
		<pubDate>Mon, 14 Nov 2005 18:22:34 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/12/magna-carta-trashed/#comment-121110</guid>
		<description>Disappointing. He seemed like such a nice man on &lt;i&gt;Frasier&lt;/i&gt;.</description>
		<content:encoded><![CDATA[	<p>Disappointing. He seemed like such a nice man on <i>Frasier</i>.</p>
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		<title>By: thibaud</title>
		<link>http://crookedtimber.org/2005/11/12/magna-carta-trashed/comment-page-2/#comment-121101</link>
		<dc:creator>thibaud</dc:creator>
		<pubDate>Mon, 14 Nov 2005 18:07:48 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/12/magna-carta-trashed/#comment-121101</guid>
		<description>reverse the terms of last phrase. Ploitical blogosphere&#039;s noise:signal ratio = TV news&#039; fluff:intellect ratio</description>
		<content:encoded><![CDATA[	<p>reverse the terms of last phrase. Ploitical blogosphere&#8217;s noise:signal ratio = TV news&#8217; fluff:intellect ratio</p>
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		<title>By: thibaud</title>
		<link>http://crookedtimber.org/2005/11/12/magna-carta-trashed/comment-page-2/#comment-121100</link>
		<dc:creator>thibaud</dc:creator>
		<pubDate>Mon, 14 Nov 2005 18:06:37 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/12/magna-carta-trashed/#comment-121100</guid>
		<description>what Gary Farber said. The noise to signal ratio of the political blogosphere is roughly equivalent to the intellect to fluff ratio of local TV news</description>
		<content:encoded><![CDATA[	<p>what Gary Farber said. The noise to signal ratio of the political blogosphere is roughly equivalent to the intellect to fluff ratio of local TV news</p>
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		<title>By: dave heasman</title>
		<link>http://crookedtimber.org/2005/11/12/magna-carta-trashed/comment-page-2/#comment-121086</link>
		<dc:creator>dave heasman</dc:creator>
		<pubDate>Mon, 14 Nov 2005 17:31:59 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/12/magna-carta-trashed/#comment-121086</guid>
		<description>Thomas, you missed a bit out : -

&quot;…the guys in the powdered wigs would have flipped over the idea that habeas extends to foreigners who sometimes cut the hair of those we are in combat with&quot;</description>
		<content:encoded><![CDATA[	<p>Thomas, you missed a bit out : &#8211;<br />
&#8220;&#8230;the guys in the powdered wigs would have flipped over the idea that habeas extends to foreigners who sometimes cut the hair of those we are in combat with&#8221; </p>
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		<title>By: Thomas</title>
		<link>http://crookedtimber.org/2005/11/12/magna-carta-trashed/comment-page-2/#comment-120985</link>
		<dc:creator>Thomas</dc:creator>
		<pubDate>Mon, 14 Nov 2005 16:33:09 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/12/magna-carta-trashed/#comment-120985</guid>
		<description>Following the links in the update, we find a bit I can agree with:

&quot;...the guys in the powdered wigs would have flipped over the idea that habeas extends to foreigners we are in combat with who have been captured and are being held by us abroad. While this crude formulation may hardly be equal to the scholarship the issue demands, it is hard to brush the conclusion off inelegantly though it may have been stated.&quot;</description>
		<content:encoded><![CDATA[	<p>Following the links in the update, we find a bit I can agree with:</p>

	<p>&#8220;&#8230;the guys in the powdered wigs would have flipped over the idea that habeas extends to foreigners we are in combat with who have been captured and are being held by us abroad. While this crude formulation may hardly be equal to the scholarship the issue demands, it is hard to brush the conclusion off inelegantly though it may have been stated.&#8221; </p>
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		<title>By: a</title>
		<link>http://crookedtimber.org/2005/11/12/magna-carta-trashed/comment-page-2/#comment-120889</link>
		<dc:creator>a</dc:creator>
		<pubDate>Mon, 14 Nov 2005 12:33:22 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/12/magna-carta-trashed/#comment-120889</guid>
		<description>I think the terrorists have won the war and we&#039;re just too far into the trees to realize it.  They hated us because they hated our freedoms; well they&#039;ve succeeded in destroying our freedoms, by creating a grey zone which can be used against us all in the future.

&quot;I think the only question remaining is this. Do we ship Bush, Cheney, et al to the International Criminal Court at the first opportunity, or do we hold out until they bring back hanging?&quot;

The last disjunction (&quot;or do we hold out...&quot;) makes this question sound facetious, which is a great pity.  Sure, we&#039;re all wondering how to fix a broke system, but there has to be some punishment for those who created this system.  Torturing is unacceptable, period.  Saying, &quot;Sorry, my fault&quot; is unacceptable, period.  Bush, Cheney, and Rumsfeld are responsible, period.  Sending them to the ICC is too good for them, because the wishy-washy Europeans, who don&#039;t have a death penalty, are likely to give them 6 months of probation.  Either Americans decide to punish this lot or they lose what little moral standing they have left in the world, which is approaching 0.
Period.  And this is not a joke.</description>
		<content:encoded><![CDATA[	<p>I think the terrorists have won the war and we&#8217;re just too far into the trees to realize it.  They hated us because they hated our freedoms; well they&#8217;ve succeeded in destroying our freedoms, by creating a grey zone which can be used against us all in the future.</p>

	<p>&#8220;I think the only question remaining is this. Do we ship Bush, Cheney, et al to the International Criminal Court at the first opportunity, or do we hold out until they bring back hanging?&#8221;</p>

	<p>The last disjunction (&#8220;or do we hold out&#8230;&#8221;) makes this question sound facetious, which is a great pity.  Sure, we&#8217;re all wondering how to fix a broke system, but there has to be some punishment for those who created this system.  Torturing is unacceptable, period.  Saying, &#8220;Sorry, my fault&#8221; is unacceptable, period.  Bush, Cheney, and Rumsfeld are responsible, period.  Sending them to the <span class="caps">ICC</span> is too good for them, because the wishy-washy Europeans, who don&#8217;t have a death penalty, are likely to give them 6 months of probation.  Either Americans decide to punish this lot or they lose what little moral standing they have left in the world, which is approaching 0.<br />
Period.  And this is not a joke.</p>
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		<title>By: bellatrys</title>
		<link>http://crookedtimber.org/2005/11/12/magna-carta-trashed/comment-page-2/#comment-120888</link>
		<dc:creator>bellatrys</dc:creator>
		<pubDate>Mon, 14 Nov 2005 11:26:33 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/12/magna-carta-trashed/#comment-120888</guid>
		<description>&lt;i&gt;Thomas Disch at one point said a science fiction fan was most often a case of arrested development who was unable to maturely understand that reason and logic do not rule human affairs.&lt;/i&gt;

Yeah well, Tom Disch couldn&#039;t get his basic historical, easily-checked facts straight when doing published research on said science fiction, so I&#039;m not terribly impressed by his opinions about us, either.

I could say something equally snarky about pseudo-academics with more arrogance than intellect, who think that public acclaim entitles them to make generalizations without doing their homework myself - but nobody would know if I was talking about Disch or David Brooks. (Or their fans, for that matters.)</description>
		<content:encoded><![CDATA[	<p><i>Thomas Disch at one point said a science fiction fan was most often a case of arrested development who was unable to maturely understand that reason and logic do not rule human affairs.</i></p>

	<p>Yeah well, Tom Disch couldn&#8217;t get his basic historical, easily-checked facts straight when doing published research on said science fiction, so I&#8217;m not terribly impressed by his opinions about us, either.</p>

	<p>I could say something equally snarky about pseudo-academics with more arrogance than intellect, who think that public acclaim entitles them to make generalizations without doing their homework myself &#8211; but nobody would know if I was talking about Disch or David Brooks. (Or their fans, for that matters.)</p>
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		<title>By: bad Jim</title>
		<link>http://crookedtimber.org/2005/11/12/magna-carta-trashed/comment-page-2/#comment-120886</link>
		<dc:creator>bad Jim</dc:creator>
		<pubDate>Mon, 14 Nov 2005 10:53:23 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/12/magna-carta-trashed/#comment-120886</guid>
		<description>Actually, it would be pretty cool to see Bush and Cheney in the dock in an international war crimes trial. The appeal of a spectacle of that sort makes the idea of living to a drooling old age seem downright appealing.</description>
		<content:encoded><![CDATA[	<p>Actually, it would be pretty cool to see Bush and Cheney in the dock in an international war crimes trial. The appeal of a spectacle of that sort makes the idea of living to a drooling old age seem downright appealing.</p>
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		<title>By: Walt Pohl</title>
		<link>http://crookedtimber.org/2005/11/12/magna-carta-trashed/comment-page-2/#comment-120885</link>
		<dc:creator>Walt Pohl</dc:creator>
		<pubDate>Mon, 14 Nov 2005 10:29:06 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/12/magna-carta-trashed/#comment-120885</guid>
		<description>Why would he think that?</description>
		<content:encoded><![CDATA[	<p>Why would he think that?</p>
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		<title>By: Christopher M</title>
		<link>http://crookedtimber.org/2005/11/12/magna-carta-trashed/comment-page-2/#comment-120884</link>
		<dc:creator>Christopher M</dc:creator>
		<pubDate>Mon, 14 Nov 2005 10:16:46 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/12/magna-carta-trashed/#comment-120884</guid>
		<description>RD oughtn&#039;t think that Walt Pohl speaks for all RD&#039;s opponents in this argument when he labels RD a &quot;moral monster.&quot;</description>
		<content:encoded><![CDATA[	<p>RD oughtn&#8217;t think that Walt Pohl speaks for all RD&#8217;s opponents in this argument when he labels RD a &#8220;moral monster.&#8221; </p>
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		<title>By: bob mcmanus</title>
		<link>http://crookedtimber.org/2005/11/12/magna-carta-trashed/comment-page-2/#comment-120883</link>
		<dc:creator>bob mcmanus</dc:creator>
		<pubDate>Mon, 14 Nov 2005 10:01:24 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/12/magna-carta-trashed/#comment-120883</guid>
		<description>Two parts of a continuing discussion at BOPNews about the strategic political value of Impeachment.

&lt;a href=&quot;http://www.bopnews.com/archives/005437.html#005437&quot; rel=&quot;nofollow&quot;&gt;Re-Alignment not Impeachment&lt;/a&gt;

&lt;a href=&quot;http://www.bopnews.com/archives/005431.html#005431&quot; rel=&quot;nofollow&quot;&gt;Impeachment in Seven Reasons&lt;/a&gt;

OTOH, when the President is bottoming out in the polls, the Republican Party is reeling and collapsing from its internal contradictions, investigations are finally gaining momentum, externalities in Iraq and the economy are damaging the opposition, that prominent liberal bloggers would pre-emptively initiate an amnesty mechanism for Republican war-criminals is utterly incomprehensible to me.
...
GF at 87:Thomas Disch at one point said a science fiction fan was most often a case of arrested development who was unable to maturely understand that reason and logic do not rule human affairs.</description>
		<content:encoded><![CDATA[	<p>Two parts of a continuing discussion at <span class="caps">BOP</span>News about the strategic political value of Impeachment.</p>

	<p><a href="http://www.bopnews.com/archives/005437.html#005437" rel="nofollow">Re-Alignment not Impeachment</a></p>

	<p><a href="http://www.bopnews.com/archives/005431.html#005431" rel="nofollow">Impeachment in Seven Reasons</a></p>

	<p><span class="caps">OTOH</span>, when the President is bottoming out in the polls, the Republican Party is reeling and collapsing from its internal contradictions, investigations are finally gaining momentum, externalities in Iraq and the economy are damaging the opposition, that prominent liberal bloggers would pre-emptively initiate an amnesty mechanism for Republican war-criminals is utterly incomprehensible to me.<br />
&#8230;<br />
GF at 87:Thomas Disch at one point said a science fiction fan was most often a case of arrested development who was unable to maturely understand that reason and logic do not rule human affairs.</p>
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		<title>By: Walt Pohl</title>
		<link>http://crookedtimber.org/2005/11/12/magna-carta-trashed/comment-page-2/#comment-120882</link>
		<dc:creator>Walt Pohl</dc:creator>
		<pubDate>Mon, 14 Nov 2005 10:00:20 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/12/magna-carta-trashed/#comment-120882</guid>
		<description>Gary: We&#039;re beyond any sort of rational argument here.  I doubt rd can be reasoned with any more than Osama bin Laden can be.  All we can hope for is that shaming works.</description>
		<content:encoded><![CDATA[	<p>Gary: We&#8217;re beyond any sort of rational argument here.  I doubt rd can be reasoned with any more than Osama bin Laden can be.  All we can hope for is that shaming works.</p>
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		<title>By: rd</title>
		<link>http://crookedtimber.org/2005/11/12/magna-carta-trashed/comment-page-2/#comment-120881</link>
		<dc:creator>rd</dc:creator>
		<pubDate>Mon, 14 Nov 2005 09:43:06 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/11/12/magna-carta-trashed/#comment-120881</guid>
		<description>1. I&#039;m not arguing the Graham amendment is adequate; as I&#039;ve said repeatedly I&#039;ve argued that the right thing to do is to try to improve the procedures it offers, rather than opposing it full stop in the hopes that the courts will create some magic solution short of a civilian trial, not quite imaginable to us now, composed from a cocktail of various partial versions of constitutional rights and random bits of the Geneva convention. Its an entirely appropriate use of Congress&#039; power of the purse to do this as amendments to funding measures rather than as stand alone bills. 

2. I&#039;m fine for Congress having the courts enforce what procedures its specifies; not with Congress basically asking the courts to make up procedures.

3. Congress and the President can do all kinds of awful things overseas which would be evil and wrong but which have no constitutional remedy in US court. If the Constitution applied full stop to our actions everywhere, you could see Syria trying to sue for some sort of equal protection injunction on the grounds that the pressure it&#039;s under is part of a suspect pattern of bullying Arab, or Muslim, nations in a discriminatory way. Some people might like this, but of course its ludicrous.</description>
		<content:encoded><![CDATA[	<p>1. I&#8217;m not arguing the Graham amendment is adequate; as I&#8217;ve said repeatedly I&#8217;ve argued that the right thing to do is to try to improve the procedures it offers, rather than opposing it full stop in the hopes that the courts will create some magic solution short of a civilian trial, not quite imaginable to us now, composed from a cocktail of various partial versions of constitutional rights and random bits of the Geneva convention. Its an entirely appropriate use of Congress&#8217; power of the purse to do this as amendments to funding measures rather than as stand alone bills.</p>

	<p>2. I&#8217;m fine for Congress having the courts enforce what procedures its specifies; not with Congress basically asking the courts to make up procedures.</p>

	<p>3. Congress and the President can do all kinds of awful things overseas which would be evil and wrong but which have no constitutional remedy in US court. If the Constitution applied full stop to our actions everywhere, you could see Syria trying to sue for some sort of equal protection injunction on the grounds that the pressure it&#8217;s under is part of a suspect pattern of bullying Arab, or Muslim, nations in a discriminatory way. Some people might like this, but of course its ludicrous.</p>
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