Friday, September 07, 2007

Retroactivity: A Good Thing? But Don't Ask Martha. And A Sidenote on National Security Policy

Links to briefs in Danforth v. Minnesota (06-8273) -- a case examining state courts' authority to expand retroactivity of Supreme Court criminal procedure rulings -- which is scheduled for argument on October 31:

Click here to read the petitioner's brief, filed by the Minnesota Public Defender's office, and here to read the respondent's brief.

Click here and here for amicus briefs from the American Civil Liberties Union and the National Association of Criminal Defense Lawyers in support of the petitioner; here for an amicus brief from Alaska and ten other states in support of the respondent; and here for an amicus brief from Kansas in support of neither party. Hat tip to Doug, at S, L & P.


Here, also at SCOTUSBLOG, read about how the revelation of our program of kidnapping and torture presents a "grave risk of injury to national security" (quote from the government's brief in opposition for writ in the Supreme Court: El-Masri v. Tenet, 437 F.Supp.2d 530, 541 (E.D.Va.2006) and El-Masri v. U.S., 479 F.3d 296 (4th Cir., 2007)).

I should think so. If true, and even if not, the allegation alone, rumor only perhaps, presents untold harm to the reputation and moral standing of the United States among the community of nations.

Cover that up, and bring lots of dirt to do it with. That's mud, as in "dragging through the mud" -- as in the reputation of the former AG, whose worst day was "better" than his own father's best day. I'm so glad I'm not his dad. Aren't you?

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