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Search: Posts Made By: T. More
Forum: Diavlog comments 06-19-2008, 06:25 PM
Replies: 103
Views: 41,690
Posted By T. More
Re: "That's my view and it happens to be correct"

I will correct yet another error. The prisoner has whatever relief is afforded him by the state court system, my friend, in addition to the pardon process (and yes, people with DNA evidence have had...
Forum: Diavlog comments 06-19-2008, 05:42 PM
Replies: 103
Views: 41,690
Posted By T. More
Re: "That's my view and it happens to be correct"

Wonderment,

I have not ignored anything you've written, quite to the contrary. I referenced above both our treaty obligations and the 5th amendment as the sources of the illegality of torture. ...
Forum: Diavlog comments 06-19-2008, 04:46 PM
Replies: 103
Views: 41,690
Posted By T. More
Re: "That's my view and it happens to be correct"

oh, and Fifth, when once Scalia did violate the "prejudgment" rule, he also recused himself from the case. It was the California pledge of allegiance case.
Forum: Diavlog comments 06-19-2008, 04:43 PM
Replies: 103
Views: 41,690
Posted By T. More
Re: "That's my view and it happens to be correct"

Wonderment,

First, once Scalia had announced his views on these matters in Hamdan (and Rasul), he was free to opine on them in public without need for future recusal, under the normal standards of...
Forum: Diavlog comments 06-19-2008, 03:23 PM
Replies: 103
Views: 41,690
Posted By T. More
Re: "That's my view and it happens to be correct"

BJ,

You were commenting on my exchange with Wonderment (and Twinswords) in the most recent exchange, where I had said he's never written anything like he was being accused of writing.

Nor has...
Forum: Diavlog comments 06-19-2008, 12:35 PM
Replies: 103
Views: 41,690
Posted By T. More
Re: "That's my view and it happens to be correct"

BJ,

I have no interest, one way or another, in Scalia "the man." I thought we were having a discussion of law and policy. Perhaps he is a scoundrel--what of it? I rather doubtit, given the way...
Forum: Diavlog comments 06-19-2008, 12:14 PM
Replies: 103
Views: 41,690
Posted By T. More
Re: Scalia principles of justice

Wonderment,

Do you have a source for the "mere factual innocence" quotation? I see it referred to as something he wrote in Herrera v. Collins...
Forum: Diavlog comments 06-19-2008, 11:07 AM
Replies: 103
Views: 41,690
Posted By T. More
Re: "That's my view and it happens to be correct"

You have produced nothing from an opinion by Scalia on the topic. I watched his interview on 60 minutes. The question was not whether he was in favor of torture, but whether the 8th Amendment...
Forum: Diavlog comments 06-18-2008, 10:38 PM
Replies: 103
Views: 41,690
Posted By T. More
Re: Where's the argument

[QUOTE=TwinSwords;80710]
I don't know much about the law, but it clearly doesn't contain anything which automatically resolves these questions in Scalia's favor. In fact, I'm quite sure that if...
Forum: Diavlog comments 06-18-2008, 09:58 AM
Replies: 103
Views: 41,690
Posted By T. More
Re: So Brink...

BJ,

I would not defend that portion of Scalia's opinion in particular, though if he believes empirically that it is correct I don't think it's reprehensible. Surely if one thinks that (a) a...
Forum: Diavlog comments 06-18-2008, 03:57 AM
Replies: 103
Views: 41,690
Posted By T. More
Re: So Brink...

BJ,

Kind of you to say so. I suspect you won't care for my remarks here; and it's late at night here on the East Coast, so I'm being a bit short. But these two bheads are smart enough to give...
Forum: Diavlog comments 06-18-2008, 03:44 AM
Replies: 103
Views: 41,690
Posted By T. More
Brink, what was unchecked and untrammelled about the MCA?

Brink,

Please point out what was unchecked about the system provided by Congress for review of detainee treatment in the D.C. Circuit?

Please point out how the executive was not challenged by...
Forum: Diavlog comments 06-18-2008, 03:38 AM
Replies: 103
Views: 41,690
Posted By T. More
So Brink...

...if our enemies are unconventional and plan things over a long period of time (i.e., if they are Al Qaeda, which planned 9/11 for a long time), then you think it can't count as a war, which in your...
Forum: Diavlog comments 06-18-2008, 03:32 AM
Replies: 103
Views: 41,690
Posted By T. More
Joshua, you are too smart for this

Mr. Cohen,

Can you not recognize that Justice Scalia is not claiming that the loss of life he predicts is not a legally controlling factor in the case? If you can't recognize this, then you can't...
Forum: Diavlog comments 04-26-2008, 10:42 PM
Replies: 121
Views: 29,095
Posted By T. More
Re: flag pin?

BJ, I can appreciate that you liked Obama's original answer on flag pins; but doesn't that confirm that there is an issue here? I don't think your take is unreasonable, and frankly it's not an issue...
Forum: Diavlog comments 02-29-2008, 10:25 AM
Replies: 23
Views: 9,118
Posted By T. More
Re: Dinga-Eli-Links

I must say that people must have simply stopped up their ears when Eli Lake was speaking. I thought he made a lot of concessions but simply provided good context to JH's tendency to overemphasize...
Forum: Diavlog comments 02-14-2008, 06:09 PM
Replies: 21
Views: 11,218
Posted By T. More
McCain and 100 Years

Kudos to HH for admitting that the "He wants 100 years of war meme" is disingenuous nonsense from Obama and Hillary. But she can't quite let go and dismisses that truth to something of interest to...
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