Wizard of Oz

Janice Rogers Brown Sings “Follow the Yellow Brick Road” as She Guts Habeas

The government has released a new version of the DC Circuit opinion in the Latif case. (Via DC Circuit Review h/t scribe)

I suppose it should comfort us that the government no longer considers this passage from Janice Rogers Brown’s opinion to be classified. [I’ve underlined the bits the government previously claimed were classified; see PDF 39-40 to compare.]

What makes Latif’s current story so hard to swallow is not its intrinsic implausibility but its correspondence in so many respects with the Report he now repudiates. Like Dorothy Gale upon awakening at home in Kansas after her fantastic journey to the Land of Oz, Latif’s current account of what transpired bears a striking resemblance to the familiar faces of his former narrative. See THE WIZARD OF Oz (MGM 1939). Just as the Gales’ farmhands were transformed by Dorothy’s imagination into the Scarecrow, Tin Man, and Cowardly Lion, it is at least plausible that Latif, when his liberty was at stake, transformed his jihadi recruiter into a charity worker, his Taliban commander into an imam, his comrades-in-arms into roommates, and his military training camp into a center for religious study.

Though it raises real questions why it was classified in the first place. Really? Our government classified a Wizard of Oz analogy! And it wonders why we doubt the men behind the curtain.

And a good thing they released it, too. It makes Rogers Brown’s comment earlier in the opinion analogizing Dorothy’s Uncle Henry to Judge Henry Kennedy look every bit as disrespectful as it did in the first draft…

Even doting Uncle Henry managed to evaluate Dorothy’s credibility when· she professed that the family and friends gathered around her bed had been with her in Oz. See THE WIZARD OF Oz (MGM 1939) (“Of course we believe you, Dorothy.”). The district court, by contrast, mustered only a guarded finding of plausibility.

But at least we know that Rogers Brown–and not Kennedy–is the one who has gotten lost in Oz.

But a look at numbered page 21 shows all you need to know about the government’s good faith in this reconsidered redaction. Continue reading

Emptywheel Twitterverse
bmaz @ThePlumLineGS @germanrlopez The entire thing seems designed to absolve Clinton with fancy dan charts, graphs+statistics. its bullshit.
19mreplyretweetfavorite
emptywheel @caulkthewagon GetOffOurLawn
20mreplyretweetfavorite
bmaz @ThePlumLineGS @germanrlopez Yes, then blithely hands Clinton mostly a pass. And does so without so much as even mentioning the AEDPA.
21mreplyretweetfavorite
emptywheel My 14+ yo Lab mix at crowded vet wondering where all the Corgies came from.
23mreplyretweetfavorite
bmaz @ThePlumLineGS @germanrlopez ..."superpredators" and the other fear mongering straight out of the Clintonian efforts in 94 and 96. Was awful
25mreplyretweetfavorite
bmaz @ThePlumLineGS @germanrlopez I was actually involved in trying to fight many changes for worse here. Can't tell how much we heard....
26mreplyretweetfavorite
bmaz @ThePlumLineGS @germanrlopez In terms of numbers, yes. But where do you think the states got the cover to go hog wild??
27mreplyretweetfavorite
bmaz @ThePlumLineGS @germanrlopez So, for Lopez to blithely say that the Clinton years really didn't have much effect is straight up stupid.
28mreplyretweetfavorite
bmaz @ThePlumLineGS @germanrlopez And the 1994 Crime bill and 1995 AEDPA really were awful+created living hell that states copied and made worse.
28mreplyretweetfavorite
bmaz @ThePlumLineGS @germanrlopez While the trends did indeed really start going wild during Reagan years, they cemented during Clinton terms
30mreplyretweetfavorite
bmaz @cristianafarias Jury nullification is inherently within the purview of jury. But formalizing it+instucting a jury of it is asinine thought
32mreplyretweetfavorite
bmaz @ThePlumLineGS @germanrlopez It does not ring true for squat to me, who actually practiced criminal law since the Reagan years.
35mreplyretweetfavorite
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