For the moment, we already have something semi-substantive. We should have had it long ago. This is not Kafka’s Mitteleuropa. It’s our government and our information. We should not have had to wait for leakers to get our hands on it.
So it is far from clear that, even if the 9/11 attacks had been carried out by uniformed military, these would have been war crimes. It is, however, beyond doubt a violation of U.S. and New York State criminal law for civilians to attack skyscrapers with airplanes.
On Advice of Counsel In discussing whether we should prosecute the people who ordered or committed torture, I’ve been drawing some artificial distinctions for clarity. I’ve contrasted the working torturers, the folks who slammed other folks into walls and poured water over their airways, with the Pentagon and Langley brass who merely ordained […]