This is the question which has been ignored since 9/11. Instead of addressing it, the Congress and the Executive are jumping on a flawed Appeals Court decision and rushing to codify it. But Appeals courts make bad rulings all the time and there is no rush to codify the error. Judge Luttig may not be a bad man, but his place in history may be assured and it is not an enviable one. Could it be that his anger was not misplaced?
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