Scott Silliman
Scott Silliman
Scott L. Silliman is a Professor of the Practice of Law at Duke Law School, and Executive Director of Duke Law School's Center on Law, Ethics and National Security. He is also an adjunct professor of law at the University of North Carolina at Chapel Hill, and at North Carolina Central University...
control dealing embedded government wonder
When you are dealing with these embedded media, you have to wonder how much the U.S. government must try to control them.
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There is a great deal of ambiguity and uncertainty in what they did, and I would not predict how the courts will decide this.
acts anecdotal aware coming credible data empirical evidence information people says stop yield
There is no empirical data of which I am aware that says one way or the other we yield credible information from acts of torture. However, coming out of Vietnam, we do have some anecdotal evidence that people will say anything to stop pain.
acting commander court decisions review step
To have the court step in and say we want to review the president's decisions as he's acting as commander in chief, that's significant.
believes court definitely exceeded legal member president signifies statement unusual
This was definitely a statement of protest. It is unusual because it signifies that at least one member of the court believes that the president has exceeded his legal authority.
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I think the court is going to have to take it. This is a vital case on the principle of an American citizen captured in the United States and what constitutional rights does he have.
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The targeting process is extremely complex. Commanders do not just bomb targets willy-nilly.
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You're going to be hard pressed to find somebody who hasn't heard the name Padilla and read somewhere that he was the supposed dirty bomber. Padilla is the government's worst nightmare as far as litigation.
bunch cops
It's the same thing as a bunch of cops watching. It may be intimidating, but it's nothing illegal.
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It's like the government is playing games. The defense could raise these issues. The government is going to have to explain why they aren't going after much stronger charges.
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I want to present what I consider to be the applicable law.
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For the first time, they are challenging the executive in an area where the president had complete control.