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Yoo analysis - permanent sleight of hand
Over at opiniojuris.org they were asking us to look at alternative rules of statutory construction for this key part of the March 13, 2001 Yoo memo (around pages 36-39 and 40): Section 2340 defines the act of torture as an: act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or ...
Posted to Convictions Archive by Benjamin Davis on April 5, 2008
Convictions
Two things struck me as a lawyer reading the recently released Yoo memorandum: First, the poor quality of the reasoning displayed in the memo -- logical gaps that that, if they appeared in a first-year associate's research memorandum on a piece of business litigation, would lead the supervising partner to demand an immediate rethink and rewrite. ...
Posted to Convictions Archive by Charles Calvin on April 3, 2008