Jennifer Van Bergen, a journalist, author and law lecturer, discusses the reasons why Guantanamo prisoners aren’t being tried in federal courts; how the Miranda warning – established by the Supreme Court to protect constitutional rights – has been eviscerated by Executive branch policy changes; why a parallel legal system for terrorism cases is not necessary; and how the “public safety” exception to Miranda provides all the flexibility needed to interrogate and prosecute...

Jennifer Van Bergen, a journalist, author and law lecturer, discusses the new charges against Bradley Manning, including “aiding the enemy” which carries a possible death sentence; the legal distinction in the UCMJ between giving intelligence to the enemy and communicating with the enemy; why Manning should be treated like a whistleblower and not an enemy combatant; the chilling implications of a broadly applied Espionage Act; and how the dozens of charges against Manning could be softening...