Marty Lederman, recovering from ankle surgery (feel better, Marty!), offers a four-part reaction to the McCain amendment banning torture. Here is Marty’s summary of what the law will be, and then there are three posts of analysis: The Good, The (Potentially) Bad, and The Ugly. All very much worth reading. The gist:
For all of the very substantial virtues of the McCain Amendment, there remains a serious risk that the Administration will apply it in a very narrow fashion that could materially undercut Senator McCain’s intent. There are potential pitfalls with respect to both of the Amendment’s two substantive provisions — and there remains the lurking spectre of a Commander-in-Chief override.
Check it out.
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