David Luban has an interesting post at Balkinization on the plea bargain of David Hicks and the controversial defense strategy of Major Michael Mori.
This outcome seems like poetic justice, because the result spectacularly vindicates Maj. Mori’s decision to go to Australia to try to arouse political indignation about Hicks’s imprisonment – and Colonel Davis had threatened to press charges against Mori for violating a military-law prohibition on speaking disrespectfully of high U.S. government officials. Mori didn’t back down, and we now see that his tactical decision to focus on political sentiment in Australia was exactly the right one for his client.
For more commentary from various perspectives on the Hicks plea bargain and sentence, see the AIDP blog.