The Devil is in the Details
Key Congressional leaders this afternoon, Republicans all, announced a "deal" with the White House over the treatment of and trials for terror detainees and that can't be a bad thing. But the strength or the weakness of the agreement only can be evaluated after we see the actual language the politicians say they want to include in the legislation. This will be another one of those instances where the word-for-word language of the law will determine its fate upon judicial review. And I'm willing to bet it is another one of those instances where the politicians purposely gin up ambiguous language so that all stakeholders can claim that the language gives them what they want while, in the end, the federal courts have to sort it out amid much clamour.
We may have just seen a political breakthrough. But that doesn't guarantee legal success once the "new and improved" legislation makes it out of Congress and into the courts. I'll have more on this either later today or over the weekend.
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Posted by: Andrew | September 21, 2006 06:45 PM
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Posted by: Shag from Brookline | September 25, 2006 03:31 PM
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