You know you are in trouble when the reviewing court cites Lewis Carroll in its analysis of your claims about how the evidence in the case should be evaluated. Check out this story, http://www.nytimes.com/2008/07/01/washington/01gitmo.html?scp=1&sq=parhat&st=nyt which includes a link to the opinion in Parhat v Gates, a case in which the D.C. Circuit very critically reviews the decision of one of the review tribunals at Guantanamo. The opinion is really very interesting, if unsettling for what it says about how some government lawyers understand the rule of law and more narrowly, how they understand some particular legal rules.
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July 02, 2008
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A closer look is what they should before saying anything.
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