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Guantanamo and the Abuse of Presidential Power by Joseph Margulies
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Guantanamo and the Abuse of Presidential Power

by Joseph Margulies

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This book is heavy on spin and light on the law. I would expect more from a Northwestern Law School professor. For me, the presentation significantly undermined his credibility. There were at least two opportunities for him to make slam-dunk legal arguments and he completely missed the boat. His explanation of the concurrence by Justice Jackson in the Youngstown Steel Seizure Case was tremendously simplistic. When he went after Bybee and Yoo, he could have succinctly and accurately defined the real meaning of specific intent in criminal law. That would have put the Bybee/Yoo blunder in the spotlight. And instead he blew that one too. ( )
  msmolensky | Apr 14, 2007 |
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Joseph Margulies (lawyer)

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Amazon.com Product Description (ISBN 0743286863, Paperback)

The detention system established by the Bush Administration at Guantánamo Bay Naval Station in Cuba is like no other in our nation's history. Joseph Margulies traces the development of this detention policy from its ill-conceived creation in 2002 as "the ideal interrogation chamber" to its present form, where most prisoners are held without charges in a super-maximum security prison, even though the U.S. government has acknowledged that many have been cleared for release and most of the others are not even alleged to have committed a hostile act against the United States or its allies.

Margulies, who was the lead attorney in the Supreme Court case Rasul v. Bush, writes that Guantánamo and other secret CIA and Defense Department detention centers around the world have become "prisons beyond the law," where the Administration claims the right to hold people indefinitely, incommunicado, and in solitary confinement without charges, access to counsel, and without benefit of the Geneva Conventions. Weaving together firsthand accounts of military personnel who witnessed the interrogations at Guantánamo along with the words of the prisoners themselves, Margulies exposes the chilling reality of a "war on terror" that masks an assault on basic human rights -- rights to which the United States has always subscribed.

(retrieved from Amazon Fri, 24 Apr 2009 07:58:10 -0400)

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