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And, yes, I DO take it personally: The Ghailani trial outcome a la Glenn: "One either believes in the American system of justice or one does not"
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Thursday, November 18, 2010

The Ghailani trial outcome a la Glenn: "One either believes in the American system of justice or one does not"

i count on glenn's clear thinking and his ability to explain some of the most complex issues in terms even a legal dumbass like me can understand...
[E]ven had [Ghailani] been acquitted on all counts, the Obama administration had made clear that it would simply continue to imprison him anyway under what it claims is the President's "post-acquittal detention power" -- i.e., when an accused Terrorist is wholly acquitted in court, he can still be imprisoned indefinitely by the U.S. Government under the "law of war" even when the factual bases for the claim that he's an "enemy combatant" (i.e. that he blew up the two embassies) are the same ones underlying the crimes for which he was fully acquitted after a full trial.

[...]

But the most important point here is that one either believes in the American system of justice or one does not. When a reviled defendant is acquitted in court, and torture-obtained evidence is excluded, that isn't proof that the justice system is broken; it's proof that it works. A "justice system" which guarantees convictions -- or which allows the Government to rely on evidence extracted from torture -- isn't a justice system at all, by definition.

our justice system was set UP to work and, even with its imperfections, it DOES work...

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