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 @armandodkos Exactly. And I think a lot of the strum and drang surrounding King has diluted the absolute strength of that argument.
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bmaz @armandodkos Yes, we have been there and done this discussion before.
11mreplyretweetfavorite
bmaz @armandodkos Though I think you and I disagree whether it is reasonable to even get to step 2
11mreplyretweetfavorite
bmaz @armandodkos And that is why I have always thought this is a simple Chevron case, whether decided at Step 1 or Step 2.
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bmaz @armandodkos Right, that is what am saying. It's there b/c was the intent; it facially has conflict with "four words" because of sloppiness
13mreplyretweetfavorite
bmaz @armandodkos Because the final bill was cobbled together sloppily and hastily, and they did not make clear their real intent?
16mreplyretweetfavorite
bmaz @armandodkos I guess it is semantics to some extent, but it drives me bonkers. Making people stupid doesn't help.
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bmaz @armandodkos Right, but then it should say that instead of portraying it as an actual factor in the SCOTUS case itself.
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bmaz Um, no, a post hoc statement outside of the legislative, trial+appellate record does nothing of the sort #Misleading https://t.co/ffrQnZ6TwR
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emptywheel I mean, if DiFi is gonna dig Richard Burr out of the hole he created for himself, he should let her be Chair of SSCI.
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bmaz RT @radleybalko: Georgia cops who nearly flashbanged a baby to death defend themselves in court by blaming the baby. http://t.co/v1sxi3RNvK
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bmaz @rickhasen shouldn't that really read "from Obama's Administration"? The IBT article is almost scurrilous in its framing.
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