Where’d that footnote go? (h/t Bright Green Pants)
Right now, as Congress is finishing its folding in the face of Bush’s bluster yet again work on appropriations bills to beat the holiday rush, lots of students are finishing up term papers under the same kind of pressure. High school students, undergrads, and grad students alike are all chanting the end-of-the-term refrain: "Gotta get it written and turned in, so I can enjoy the vacation. "
Sadly, most of the papers — no matter how finely written they may be — are written, read, graded, returned, and forgotten. I know — it’s sad to think about it that way, but that’s what usually happens. All that effort, and then . . . crickets.
Usually.
Every so often, though, there’s that one really interesting paper that resurfaces, years later.
Back in 2002, a master’s degree candidate at the Naval War College wrote a paper on the Bush administration’s plan to use military commissions to try Guantánamo suspects, concluding that “even a good military tribunal is a bad idea.”
It drew little notice at the time, but the paper has gained a second life because of its author’s big promotion: Col. Ralph H. Kohlmann of the Marines is now the chief judge of the military commissions at the naval base in Guantánamo Bay, Cuba.
The system, Judge Kohlmann wrote in 2002, would face criticism for the “apparent lack of independence” of military judges and would have “credibility problems,” the very argument made by Guantánamo’s critics.
He said it would be better to try terrorism suspects in federal courts in the United States. “Unnecessary use of military tribunals in the face of reasonable international criticism,” he wrote, “is an ill-advised move.”
The paper is becoming a reference work of sorts in the curious history of Guantánamo, which includes a number of former officials who have become outspoken critics, including several former intelligence officers and a former chief military prosecutor.
Judge Kohlmann may be the only one who has switched the order, first delivering a fervent attack on Guantánamo and later becoming one of its officials. . . .
To be specific, its chief judge, as of last March.
How interesting was the paper? Let’s let the ACLU answer that one, from the same article:
Jameel Jaffer, an American Civil Liberties Union lawyer who has been an observer at Guantánamo commission proceedings, read the paper at the request of a reporter and said it was ‘perplexing’ that someone who seemed to agree with much that the critics have said about the Guantánamo legal system was now helping to run it. As to the judge’s arguments, Mr. Jaffer said, ‘He was absolutely right.’
I’ve just got one question: how did Kohlmann get his job at Gitmo after writing a paper like that?
OK, maybe two questions: does the person who recommended him for that post still have a job?
Well, how about a third question: does Kohlmann still believe what he wrote in 2002?



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peterr!
Hiya Peterr!
I am done with papers and classes, but have 5 exams next week. Then I am FREE, FREE FREEEEEEE for two weeks.
Many good term papers are forgotten. Not just the one’s produced by law students.
Your new format sucks. Post the entire article. Or something like nothing.
READ MORE…
See how irritating that is?
Don’t be a jerk. Lots of blogs do that.
My fave classes to write term papers for in college, were written for my philosophy classes. I had a philo prof. that told me that “everything was philosophy”. He died last year. I loved that man.
I’ve just got one question: how did Kohlmann get his job at Gitmo after writing a paper like that?
This administration *always* appoints people who believe in the opposite of the mission of the agency to which they’re appointed
Just our bad luck this guy did a Reverse Gitmo on us.
I bet they never read his paper.
Is it possible he was asked to write an opposing view to someone else. This paper might not be his own view?
Some of my more radical friends tell me we are no longer a country of laws, but a nation of politics. I am finding it increasingly difficult to argue with that tenet.
could be. If you can’t argue both sides of a given set of facts equally well, you’re never gonna more than a “C” law student.
In undergrad, I once wrote a paper “proving” that the Treaty of Versailles was a rousing success. Really. Got an “A” too.
Peterr, great post. Good to see ya.
I like the way some are saying that they do not now support activities such as waterboarding, but that at the time (a very few years ago), they thought it was necessary. Is morality fluid?
Is morality fluid?
Nope. But polls are.
if you write a letter to the governor, is it “Dear Mr Governor” or “Dear Governor Perry” ?
My lady and me are quite brown. Every time we fly, we wonder if this is the time we get ‘pulled aside’ and questioned about our nation of origin. Our people have been here in the U.S. for a long time. Long before white people.
That’s what’s so odd about this. The best construction on the situation is “Hey, this whole situation is in trouble. If we appoint someone who is known to have issues with the setup, maybe it will help.”
The worst construction is, of course, that Kohlmann sold his soul to keep things running as Cheney, Addington, and Associates would like.
Anyone want to place a bet?
My people too.
Do you think they will stop me when I fly in the summer?
Personally, I think morality is in some way fluid. I say that because what is immoral in our society may not be immoral in others, and like as not, what may not be considered immoral now, was thought to be completely immoral at the turn of the 20th century. So, in some respects, morality does depend on the time and space that is being judged.
Dear Governor Goodhair:
Recently elected Democratic AG in Kansas resigns in shame.
Admits to an affair.
Nice work, asswipe.
-GSD
I’d go with, as a salutation, “Dear Governor Perry:”
It should be addressed, *I think* to “The Honorable Governor Richard Perry”.
Cassie, are any of those papers going to come back to haunt you when you run for president?
I thought we were talking about politicians.
Did I mention polls?
We are only up to the reformation in Europe and the dynasties in China. Don’t get to the Americas again until 11th grade.
Do they care if I can compare characters from two different Shakespeare plays?
I can’t begin to tell you how much that upsets me. Politeness forbids my asking where that happened…
That’s been getting a lot of attention around here (metro KC, which straddles the border between MO and KS). It’s more than just an affair — there are allegations of sexual harassment to go with it (and a lawsuit), given that the AG is accused of messing around with a subordinate.
Markos on KO.
Sooner or later ‘it’ my happen. When and if it does it is very degrading. If it ever happens to you, you will know what it’s about. Power to the brown people! Power to all people.
I should have said tonight, not right now, for Markos on KO.
Peterr, gonna read now.
My new post is up. It’s about Governor Perry, terrorism, and the media.
http://youthinkleft.com/
Sorry, jayt, I should clarify. I was responding primarily to kiddo, who asked the question with this comment:
What I was essentially trying to say (and this will probably get me in even deeper) that centuries ago, they didn’t seem to consider it immoral to throw people to the lions, to have gladiators fight to the death for the entertainment of the crowds, or any other survival of the fittest contest. For that matter, our culture is arguing a woman’s right to choose, whereas the Chinese require abortion after the first child. Ergo, morality is largely dependent on where you are and when.
Perfect timing. I am done Monday. YEAHHHH. Lots of good papers, which I try to get them to publish. This semester I pressed them more for social activism, which before I had avoided. So, in some ways the paper becomes less important than the results.
Is there maybe something in the air in the Kansas AG’s office that forces the AG to do stupid things upon taking office?
Beware the one’s you *don’t* get published.
So Rudy is telling us now that ‘nobody’s perfect’. Heavy stuff, Mr G.
TPM has up the Golden Duke nominations – Rove pointing to the Dems’ rush to war as the reason for the Mid East mess. What the Dems don’t get is that they will get clobbered even if (especially if)they cave, so why do they keep caving?
Lahoma advises me she prefers a brand new government. I do not disagree.
you’re saying that morality evolves, and changes, over time, and that there is variance in the definitions from one culture to another. I agree with that.
I do, however, take exception to the change of “morality’ for sudden, and selfishly pragmatic reasons.
Kiddo: LOL, in a wishful way……
oops. NOW it’s up.
http://youthinkleft.com/2007/1…..terrorism/
When I first read this story, the old LBJ line came to mind: “Better to have someone inside the tent p*ssing out, than someone inside p*ssing in.”
In this house we, want major change in the direction of this country.
Jayt and Peterr, take a gander at the tail end of the comments on LHP’s post, we’d like a little more interpretation… Bitte… Danke… ;-)
Peterr, alas we have people both outside the tent pissing in and inside the tent pissing in. Everything is wet! And, the executives who are screwing us are all getting golden parachutes/showers.
We need a big broom. For Harry, Nancy, Hillary and the DLC.
Kiddo, when’s Lahoma going to run for office?
Keith said Reid will put the intelligence committee bill to the floor.
Markos on now.
More thoughts on activism to take back the country (continued from below): 1) Movement in every state to not allow tax relief for foreign countries lobbying in the US; 2) Movement in all states but Delaware not to allow companies with offices outside the U.S. to be able to bid and receive US government funds for projects; 3) Movement in the states not to allow official state or local work be done by companies or individuals outside the U.S.
Markos said no need to rush on FISA.
The problem is that both versions of the FISA amendments carry the same number. The Senate Judiciary Committee passed once version; the Senate Intelligence committee passed another. I tried to follow it, but couldn’t tell which version was being considered. My guess is that since Reid’s talking about a cloture vote, he’s bringing up the Intelligence committee version that Dodd vowed to fillibuster.
Peterr: intentional deception at play here it seems clear.
I’m shocked. Shocked, I tell you . . .
Markos, dems have the chance to show leadership.
Keith, how long are the voters going to put up with this?
Markos, voters consider Bush low, but democrats are weak and unprincipled. The American public will become more disenchanted with government.
Keith, are they looking at o8?
Markos, I wish. We want to see the republicans obstruct, but dems are becoming complicit.
Markos on Olbermann is not happy with the Democrats. Neither are we. And we are Dems. Bottom line: Markos is displeased with the lack of courage from the Democratic Party.
OT: the jury’s no longer out on Mukasey (if it ever was)
Thankyou. You’re OK.
lahoma
Cassie,
The proper protocol is:
“The Honorable
Governor, State of
address, etc, etc,
Dear Governor “
Ugh.. the html codes messed up up
The Honorable Arnie Terminator Pumpkineater
Governor, State of California
address etc etc
Dear Governor Pumpkineater: (substitute the name of whichever governor you’re writing)
The American People’s stupidity is directly proportional to the size of the debt bubble.
I know who the Republicans represent. What I am not clear on is who the Democrats represent.
I have a rhetorical question for Colonel Kohlmann. Which is more important to you: obeying your chain of command as a soldier or following the law as a lawyer?
Since Kohlmann took the job at Gitmo and given his stated views on the process, it is clear that following his bosses’ orders takes precedent.
So far I do not know of a single JAG involved in Guantanamo whose reputation and career have remained intact.
On the defense:
On the prosecution: (From item 10)
Kiddo: Yup. But I think I can guess. If the Rethugs now represent the concerns of the looney right (earth flaters), the oligarchy, and big business, then one could say that the Dems represent the non-existant “center,” themselves (enrich their own pockets), and big business.
Yes, the SSCI bill, with immunity, is the ‘Base’ bill… Hence, it will take 60 votes to amend that by either stripping the Title II or by substituting the SJC’s version… The best we can hope for is failure on all motions…
I’m honored to have gotten Lahoma’s endorsement.
oh.. is Sunnynobility around?
If yes, the answer to your question last night about who sought arbitration in Jones vs Halliburton is that Jones is seeking a trial in Federal court, but Halliburton, being evil, is arguing that they 1) their employees sign away any right sue their evilness upon employment and 2) there’s no governing law in Iraq anyway, so they’re sayin’ that the suit should be dismissed. But since they’re nice people (who just happen to conspire with Federal officials to cover up crimes, destroy evidence illegally turned over to them by the Pentagon, and to imprison seriously injured employees into shipping containers without food, water or medical treatment in order to intimidate them into silence), they’re graciously offering Jones an internal arb hearing before an HR assistant or something. Next, they’ll probably try to argue that Jones’ contract actually required her to serve as comfort woman.
I hope the staffers are getting a good rest this weekend, because I’m predicting a Christy-fueled firestorm come Monday. She’s had two weeks to get herself recharged, and the posts are going to be something come Monday morning.
CTuttle, and on your/our best hope – that ain’t gonna happen. The fix is in.
Blub, there is nothing honorable about Governor Good Hair Perry.
Peterr – on Christy: It is too late. I bet Reid timed the key votes so that she would be away (only half snark).
Well folks it’s time to leave. Lahoma wants me to come upstairs and watch “It’s a Wonderful Life”. She asks I should say to each and everyone of you, ‘Happy whatevers’ and a very ‘Merry Christmas’. And please consider giving to your time and whatever else, to your local ‘for those in need organization’.
You may have a point there….
Hugh, while I respect the record you’ve laid out, there’s just one problem. Does Kohlmann sit on the promotions board for the people whose records you laid out?
I don’t know for sure, but I don’t think so. I’d love to have a JAG fill us in on the promotions process, but I’d hope that the promotions for JAGs are not decided by the judges before whom you practice, but by others in a different theater of operations.
Do the Powers That Be want the Gitmo tribunals to go forward? Absolutely. Is Kohlmann one of the Powers? That’s the Magic 8 Ball question: Reply hazy — ask again later.
g’night Kiddo.
Aloha, OKK and Lahoma!
The United States is going through something akin to behavior modification where it is being broken down in order to be rebuilt as the North American Union.
If so, they miscalculated her time away. She’s back, she’s rested, and I pity the fool that thinks they can put one over on her.
I’d actually support a North American Union, if it means that Canadians and Mexicans get the vote, which should just about be sufficient to ensure that no rethug ever holds national office again. Alternatively, we could shrink the US to exclude a few states, perhaps in the vicinity of Ohio, Florida an Texas.
Molly Ivins would be so proud of you.
My guess is that since Reid’s talking about a cloture vote, he’s bringing up the Intelligence committee version that Dodd vowed to fillibuster.
Yes, the SSCI bill, with immunity, is the ‘Base’ bill… Hence, it will take 60 votes to amend that by either stripping the Title II or by substituting the SJC’s version… The best we can hope for is failure on all motions…
Well, yeah, the Intelligence Committee version was made the default bill – to be voted on at noon Monday. Given that Reid’s Motion for Cloture was co-sponsored by approximately 16 D Senators, it’s gonna pass. The only possible speedbump at this point is in the hands of Chris Dodd, and hopefully some others, pitching in to help with a filibuster.
Why he didn’t choose to bring the version of the Judiciary Committee, which declines retroactive immunity, let it go down to defeat, and then forget it and move on to something else entirely – is beyond me. Lots of guesses, all of which are just that – pure speculation.
Peterr. Maybe it is just late term exhaustion coupled with Friday night frustration with the week’s events, but as brilliant as Christy is, and as driven as FDLers have been, has ANYTHING we have attempted actually registered? Habeas Corpus is gone, FISA is where we find it now, our government now approves of torture, we have Roberts and Alito, there is nothing out on medical care for kids, Scooter walked, no one has paid for outing Plame. Pelosi, Reid, Schumer, Hoyer et al continue to cave. In short, we have lost every battle in Congress even after we worked hard to get Dems in.
Ah, that wasn’t my point. Of course, Kohlmann doesn’t sit on their promotions board. My point is that any JAG lawyer associated with Guantanamo including Kohlmann is going to get burned either by the Pentagon for defending his/her clients or by the court of world opinion for being a facilitator of torture, kangaroo courts, and the trashing of habeas corpus.
I think it was worse than that. When Keith asked if it was possible that the Dems wanted to continue down this path so that they could use it as an issue for next year’s election. Markos indicated that he wishes that were so! I believe his point was that indications are that they do what they do out of weakness and possibly corruption or political laziness instead.
Let’s heed Dodd’s call to arms…
Ahem.
I believe we Canadians would have opinions about that.
Term papers written BEFORE vacation? I always thought that vacations were when you wrote the papers — all those nice empty days you could spend in the town library or in the local university, if you could get in. We would get the topics while we were about to start studying for the pre-vacation exams, so no chance of writing them before leaving school for home. Did someone complain in the interim?
Read the article. Dude was a Repube until last year. Switched in order to run against nutball Kline. Dude’s not really a Democrat.
Repube “family value” behaviour through and through.
Well, not quite. He did resign. Rethugs don’t generally do that. Craig still has a job, doesn’t he?
would you take us if we let y’all run things? Please?
Why did he have to resign?
You definitely would, but, alas you’ve all just trodden the Conservative path yourselves, so it wouldn’t be any sort of guarantee… ;-)
I disagree.
We passed SCHIP, but Bush vetoed it. Twice.
Scooter was convicted, but Bush commuted his sentence.
Those who caved have continued to do so, but others like the newcomer Sheldon Whitehouse have begun to push back.
November 2006 was not a magic “oh, it’s all better now” day, but a step along the path toward reform. As egregious reminds us, it’s not a sprint; it’s a marathon.
Maybe you could just give us a few of the blue states, plus one state where it is warm in the winter.
The combination of an affair and being sued by the woman involved (a subordinate) for sexual harrassment.
Only temporarily.
The liberals did need a smack upside the head.
Yes, and facing a strong headwind the entire distance… 8-(
Hawaii might work. It’s reasonably blue.
That’s what we said.
Okay, the harassment would do it.
Though, in my mind, an ordinary affair would not.
You can have Hawaii when you pry it out of CTuttle’s cold dead fingers.
Damn Skippy we are! 8-)
ya kidding? An ordinary affair’s the only thing that can get a president impeached in this country, or so it seems
How about a very progressive vocal caucus which holds a daily press conference and tells it like it is.
Sunlight please!
Hey, we welcome all comers, the Aloha spirit is all encompassing… *g*
On-Topic: “Sadly, most of the papers — no matter how finely written they may be — are written, read, graded, returned, and forgotten. I know — it’s sad to think about it that way, but that’s what usually happens. All that effort, and then . . . crickets.”
Or they end up in the shredder: http://www.crooksandliars.com/…..-near-you/
KO and PBS NOW on chanel 13 nyc
I’m picturing some native Hawaiians being elected to Parliament, and engaging the Quebeqois in debate.
Nope. Not going to happen.
OT rant:
I DON’T GIVE A FUCK ABOUT STUPID FUCKING BASEBALL PLAYERS SHOOTING STEROIDS IN THEIR BUTTS! WHY THE FUCK DO I HAVE TO HEAR ABOUT THIS
CRAP 24/7? WHO FUCKING CARES?
whew. Now I feel a bit better. What’s the topic?
It’s a bit of a topic-free zone at the moment…
At least not in French… :P
Peter at 92: I don’t think the failure on those two things (Schipp and Scooter) were our fault. But, it still doesn’t look very good considering. From my vantage, the biggest successes of the year were in Pennsylvana (voting out the Creationists fromt the school board), Virginia (voting in Webb), Kansas or North Dakota (can’t remember, the abortion vote, and California (voting out Blackwater). When it came to the legislature in DC we spent a huge amount of our energies and time there and had very little impact all things considered. The new FCC regulations coming down for big media are going to make things even worse. I don’t know what this says in terms of things, but in a certain sense 9/11 did change everything, for the Rethugs (and both the military-industrial complex and AIP*C) are holding those in Washington to rubber stamping the Bush agenda.
We have very good translators…
There are no liberals in this government. Well, maybe two.
That’s Liberal with a capital L.