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Not long ago I was sitting at home writing something for publication - I won't say what, except that it was a passage about a certain politician on the Hill. Out of habit I launched into a description that was full of nasty and personal language, and I was about to press on to the next part of the piece when suddenly I hit a mental speed bump. A voice in my head whispered - this really happened - "If you write that shit and Bernie Sanders sees it, he's going to be disappointed in you." So I went back and removed the gratuitous body blows from the article.

Numerous people have argued that one potential benefit from the death of Osama bin Laden is that it will enable the U.S. Government to diminish its war commitments in that part of the world and finally arrest the steady erosion of civil liberties perpetrated in the name of the War on Terror (as though any of that is the government's goal).  By contrast, I've argued from the start that the bin Laden killing is likely to change nothing of any significance, except that -- if anything -- the resulting nationalistic pride, the vicarious sensations of power and strength, the substantial political benefits for the President, and the renewed faith in military force would be more likely to intensify rather than arrest these trends.  But that was definitely a minority opinion.

By executive order on Aug. 4, President Barack Obama refused entry to the United States of war criminals and human-rights violators (jurist.org, Aug. 4). He ignored, as he often does, the deeply documented factual evidence of war crimes committed by the Bush-Cheney administration along with grim proof that the Obama administration also violates our anti-torture laws and the U.N. Convention Against Torture we signed. Take, for example, right now under Obama, "The CIA Secret Sites in Somalia" (the nation.com, July 12).

United States v. Dougherty was a 1972 decision by the United States Court of Appeals for the District of Columbia in which the court ruled that members of the D.C. Nine, who had broken into Dow Chemical Company, vandalized office furniture and equipment, and spilled about a bloodlike substance, were not entitled to a new trial on the basis of the judge's failing to allow a jury nullification jury instruction. The Appeals Court ruled, by a 2-1 vote: " The fact that there is widespread existence of the jury's prerogative, and approval of its existence as a "necessary counter to casehardened judges and arbitrary prosecutors," does not establish as an imperative that the jury must be informed by the judge of that power. On the contrary, it is pragmatically useful to structure instructions in such wise that the jury must feel strongly about the values involved in the case, so strongly that it must itself identify the case as establishing a call of high conscience, and must independently initiate and undertake an act in contravention of the established instructions. This requirement of independent jury conception confines the happening of the lawless jury to the occasional instance that does not violate, and viewed as an exception may even enhance, the over-all normative effect of the rule of law. An explicit instruction to a jury conveys an implied approval that runs the risk of degrading the legal structure requisite for true freedom, for an ordered liberty that protects against anarchy as well as tyranny. " Nonetheless, the defendants were given a new trial on the grounds that they had been denied their right of self-representation.[1] The Circuit Judges' assumption that jurors know about their nullification prerogative has since been brought into question by other empirical evidence.[2] According to Irwin Horowitz, "Beyond the empirical issue, lack of nullification instructions maintains a deceit. After all, juries can nullify, but they know this fact only on a so

The DOJ, with the exception of two likely murders, closes the book on all of the past decade's torture crimes