Centerfield

Well, I see you did read this link I posted below. Notice I didn’t say much about it other than a Liberal was making the suggestions. One thing is that the excerpts don't exactly do justice to Posner's thinking. Remember, he has some Liberal credentials. I think he means that in ALL wars, America has had a secret area that always comes out years after the fact. Peace time doesn’t entail such activity. Terrorism is an in-between where our advantage should certainly be exploited.

"Judge Posner said the US was "a law-saturated society where even non-lawyers tend to think of problems in terms of legal categories".

"Criminal justice and war are the two responses we have to terrorism. Each comes with its own legal institutions and doctrines and regimes but the struggle against international terrorism doesn't fit either very well."

He said it was "quite misplaced" to suggest national security measures in force or contemplated in the US could endanger liberty and undermine the political system. This was because governments could no longer conceal what they did: "We have a very aggressive media and a huge and complex government where many people in the government are quite willing to talk to the press."

How easy would it be for an administration to violate liberty in the way the Left fears without leaks sending that Party into court? Just look at the reaction to what this administration has done. Again, without a bit more elaboration, one cannot trounce on Posner. There are already secret courts were judges review covert action. Terrorism is not like the Cold War. We must find a way to put terrorists on trial without having the case thrown out because the government won't risk blowing current classified info. That is why terrorists want to be put on trial here and enjoy a citizen’s rights to representation. What is wrong with judicial review and not public view. Posner is right that such situations have happened before under different administrations. In any case, I wouldn't go nuts over a brief article. London has more than a million cameras! Perhaps one caught the bombers. There is some middle ground here and will follow up as soon as I have a chance.

I am not sure if you're trying to make a point Jon about my original link. Press versions often deliver some truth, depending on the media outlet and how much quotation and rational framing it provides. Certainly, what Posner said surprised some Aussies expecting a more Liberal spin. I just think what Posner is talking about (and has been for some time) requires a bit more context the article provides to debate. Media partially quoting Kerry's take on Fairness is a bit different, or AP's summary of Obama's amendment regarding work place enforcement. Media can often quote enough PARTS of characters we have heard before, so we can fill in the rest. I'm not sure anyone here can fill in the rest of what Posner is thinking. Certainly, as a Liberal he IS suggesting we take another look at how we frame privacy and judicial review in terms of persistent and escalating terrorism. I posted this to Wj to show how complicated the mess is regarding Constitutional conduct and "trials" (it was a bit humorous) and that even Liberals and Conservatives do not always line up. However, I often present quotations from Middle Eastville, Counterterrorism Blogs.. There the intent is either pretty obvious or backed up a bit by collateral links..

Posner's Blog

It is a good topic. I am shocked how unimaginative
the pundits are. Our global situation and even our own immigration problems coupled with Latin American politics are far from static. Explosive Butterflies can change the dynamics in single strokes. Personally, I think media amplifies the unnecessary over-reaction dangerously, but heaven forbid we ever constrain media. Sensationalism sells and terror is the King. Few secrets can survive disclosure and this is part of what I assume Posner was discussing in mentioning the Left’s inordinate fear of authoritarian conspiracy as opposed to trust in classified judicial review.

interesting

A friend alerted me to this. It might have been on Posner's mind, but then I'm guessing. No cheap shots intended......