The Other Scott Horton (no relation), international human rights lawyer, professor and contributing editor at Harper’s magazine, discusses the provisions within the National Defense Authorization Act allowing Americans to be detained by the military indefinitely, without trial; how democratic societies are destroyed by supposedly temporary or emergency “exceptions” to the rule of law; Congress’s tough-guy push for a militarized criminal justice system, even though the military opposes the idea and existing federal courts are perfectly capable of handling the work load; how the Bush administration successfully used civilian courts to prosecute and convict terrorists; and how DC Circuit Courts have neutered SCOTUS rulings on habeas corpus protections.

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