Open Thread

March 16th, 2010 9:40 AM

For general discussion and debate. Possible talking point: shocking revelations about the "Gitmo bar".

The attorney general has the right to select whomever he chooses to work in his department, and to set policy as he sees fit. He does not, however, have the right to do it in the dark. The policies he advances must face the scrutiny of the American people, his No. 1 client.

The public has a right to know, for instance, that one of Mr. Holder's early political hires in the department's national security division was Jennifer Daskal, a former attorney for Human Rights Watch. Her work there centered on efforts to close Guantanamo Bay, shut down military commissions—which she calls "kangaroo courts"—and set detainees who cannot be tried in civilian courts free. She has written that freeing dangerous terrorists is an "assumption of risk" that we must take in order to cleanse the nation of Guantanamo's moral stain. This suggests that Ms. Daskal, who serves on the Justice Department's Detainee Policy Task Force, is entirely in sync with Mr. Holder and a White House whose chief counterterrorism official (John Brennan) considers a 20% detainee recidivism rate "not that bad."

Read the whole thing. It is disturbing, but gives insight into a dark corner of the legal profession.