THOSE PESKY JUDICIAL ACTIVISTS

Arar testified at the hearing - the first time he has appeared before any U.S. governmental body. His testimony was via video because he is still on the government's "no-fly" watchlist. During the hearing, individual members of Congress publicly apologized to him, though the government has not. 

At the hearing, DHS Inspector General Richard G. Skinner announced that his office has reopened its investigation of the government's treatment of Arar. He told the hearing that he could not rule out the possibility that immigration officials violated a law that prohibits the American government from sending anyone to a country where he or she is likely to be tortured, especially since investigators were not allowed to question all participants.

Earlier, Skinner's testimony and a 50-page report found that U.S. immigration officials acted appropriately in determining that Arar could be expelled. But he said immigration authorities concluded that sending Arar to Syria "would more likely than not result in his torture" and relied on "ambiguous" assurances from Syria that he would not be. Skinner also questioned U.S. officials' minimal efforts to notify attorneys for
Arar before a late-night hearing where he could argue his fear of torture.

Barring the unlikely chance that the Supremes will agree to hear this case, the Bushies will see it as merely another notch in the belt of injustice it has so successfully tied around the neck of the lady with the scales. It will likely fall the next president to start undoing Dubya's sterling legacy.

So the question is: Who do you think is more likely to take this issue on, starting with an official government apology -- Obama or McCain?

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