Results Oriented Thinking in the War on Terror

Over at the Volokh Conspiracy, Orin Kerr works himself into knots in two convoluted posts about the al-Marri case (4th Circuit rules that Qatari student living in the U.S. can’t be held indefinitely as an “enemy combatant”). Prof. Kerr trots out a hypothetical familiar to anyone who has studied Criminal Procedure generally and the 4th …

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