12 Sep WCL Conference on Post-Guantanamo
My law school (Washington College of Law, American University), the ABA national security committee of the international law section, and the Federalist Society are putting on a one-day conference on Friday, September 19, from 10-4 pm, in DC, in case anyone is interested. I unfortunately will not be there, though I am still listed on the program, but it has a stellar group of participants – including (just a handful of the star-studded cast!) Rick Wilson, Deborah Colson, Sandy Hodgkinson, David Rivkin, Steve Vladeck, Madeline Morris, Ben Wittes, and more. It proposes to continue the debate and discussion that, certainly, OJ has actively been having over what to do about detention post-Guantanamo and under a new presidency. It has a panel on how regular American courts might be understood to be creating new legal concepts for dealing with terrorism cases in US district court, another panel on new legal concepts that might or might not be needed, including special terrorist courts, and other matters. Highly recommended, as Larry Solum might say. Registration and more information, and CLE credit information, here. (Apologies for tooting my own school’s horn and I’m very sorry I won’t be there.)
I do note the slight change of tone in this conference to not bruit solely national security courts but to talk about reform in the ordinary courts. I again say that this all is an effort to allow a policy of cruelty to come into our courts – seeping from the torture regime, through the military commission potemkin process, and now being bruited by the same folks for our courts. Without a policy of cruelty these modifications are solutions to an inexistent problem. It is only if you want to weaken protections for defendants that you have to have these solutions and those protections weakened all go to the policy of cruelty. We are not duped. No third class processes for foreigners or Americans.
Best,
Ben