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We didn’t start the fire: should Holocaust Denial be criminalized?

The New Neo Posted on February 21, 2006 by neoJuly 27, 2007

The controversy over yesterday’s David Irving conviction, and the more general question of whether Holocaust denial should be a criminal offense, seem on the surface to be no-brainers, easily resolvable by saying that the principle of free speech dictates that … Continue reading →

Posted in Law | 52 Replies

Spy vs. spy: the wiretaps, the Times, and the firewall

The New Neo Posted on December 19, 2005 by neoJune 19, 2008

I haven’t written yet about the controversy over government wiretaps designed to eavesdrop on conversations with terrorists. That’s partly because so many have covered the story already, and partly because I like to do a lot of reading on a … Continue reading →

Posted in Law, Press | 22 Replies

Bianca and Ramsey

The New Neo Posted on December 12, 2005 by neoAugust 28, 2009

They seem like strange bedfellows: Bianca Jagger and Ramsey Clark. But I think something the former said can shed a bit of light on the dark and murky thought processes of the latter. Writing in Friday’s NY Post, Amir Taheri … Continue reading →

Posted in Iraq, Law | 13 Replies

Perjury update

The New Neo Posted on October 31, 2005 by neoAugust 28, 2009

Here’s an update on the post “Calling all lawyers”: The call has been answered. I consider the following e-mail response from a trusted legal source to be definitive: There’s no question that perjury can be prosecuted if the defendant lied … Continue reading →

Posted in Law | 11 Replies

Calling all lawyers: about perjury

The New Neo Posted on October 29, 2005 by neoAugust 28, 2009

It’s about perjury. “Perjury” is a term that’s being used in connection with the Libby indictment. It’s often loosely defined as “lying under oath.” But it turns out that lying under oath is a necessary, but not sufficient, element of … Continue reading →

Posted in Law | 10 Replies

Judging Harriet

The New Neo Posted on October 24, 2005 by neoAugust 28, 2009

Methinks I hear the fat lady singing for Ms. Miers, and it’s an ugly sound–a cross between a squawk, a whine, a groan, and a croak. I don’t believe we have any real way of knowing whether Ms. Miers is … Continue reading →

Posted in Law, Politics | 23 Replies

The justice of a trial

The New Neo Posted on October 19, 2005 by neoAugust 28, 2009

In my last post, about Saddam as press hero, I wrote about transmuting the very human desire for personal revenge into the desire for a different sort of justice, the justice of a trial. No sooner said than done, apparently. … Continue reading →

Posted in Iraq, Law | 16 Replies

Originalism: be careful what you wish for

The New Neo Posted on October 11, 2005 by neoAugust 28, 2009

I have some questions for those who are clamoring for a strict originalist to be appointed to the Supreme Court. A little background: in 1973, the Supreme Court famously ruled in Roe v. Wade that states could not outlaw abortion … Continue reading →

Posted in Law | 37 Replies

So, what’s the conservative rage about Miers all about?

The New Neo Posted on October 8, 2005 by neoAugust 28, 2009

Not being a conservative myself (I just play one on TV every now and then), I’d initially been surprised by the degree to which conservatives are angry at Bush for the Miers nomination. But I guess I shouldn’t be. When … Continue reading →

Posted in Law, Liberals and conservatives; left and right | 55 Replies

Miers: mired?

The New Neo Posted on October 7, 2005 by neoAugust 28, 2009

Until now, I’ve kept out of the Miers Supreme Court nomination brouhaha. But I do have a few observations, mostly about the reaction to her nomination, and about Supreme Court nominations in general. It seems to me that, ever since … Continue reading →

Posted in Law | 14 Replies

Our need to know–the ACLU and Abu Ghraib

The New Neo Posted on September 30, 2005 by neoAugust 28, 2009

Let’s see if I’ve got this straight: US District Court Judge Alvin K. Hellerstein has ordered the release of more Abu Ghraib photos to help the ACLU prove that prisoners have been abused, and it’s OK because the terrorists don’t … Continue reading →

Posted in Iraq, Law, War and Peace | 26 Replies

Able Danger and the firewall: getting some perspective

The New Neo Posted on August 17, 2005 by neoJune 19, 2008

The Able Danger controversy has been brewing for some time now, with swirling speculation about Jamie Gorelick, the 9/11 Commission, and the role of Sandy Berger in a possible coverup. Then it kind of simmered down. Right now it’s in … Continue reading →

Posted in Law, Terrorism and terrorists | 23 Replies

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