Preserving Justice by Saying No


My book review of Jess Bravin’s new book, TERROR COURTS: ROUGH JUSTICE AT GUANTANAMO BAY (Yale University Press) is now available on Reason.com.  The book is a very interesting read by a very sophisticated reporter of law and justice issues. The review after the jump...

Comments (0)

Our AWOL Security State

Many on the left have cynically (or at least opportunistically) used James Holmes’s Aurora, Colorado rampage as an occasion to demand gun control. A more sensible and less constitutionally dubious response to this tragedy would be to enact universal reporting requirements that would allow for the aggregating of red flag-raising data, such as records of lawful but suspicious weapons sales in gun stores and unusually large online ammunition purchases. In my most recent “This Just In” piece for the Boston Phoenix, I point out that the Feds are good at inventing "terrorist" plots starring a cast of innocuous misfits, egged on by agents who don’t have enough real work to do and by informants working off some beef with the feds. Yet the feds appear less skilled at gathering accessible information that would help them uncover real crimes. We live, alas, in a national security state that is better at invading liberty than in actually providing protection.

The article after the jump...

Comments (0)

DiMasi Agonistes and the federal ‘justice’ system

Being Fourth of July week, it seems a particularly apt time to consider the various forms of tyranny with which we have been inundated of late. The treatment of federal prisoner (and putative “corrupt pol” – a subject on which I expect to have more to say at some future date) Salvatore DiMasi is of the stomach-churning variety. Or at least the treatment of DiMasi by federal prosecutors and “corrections” officials should churn the stomach of all decent citizens devoted to the essential respect for human dignity demanded of our government by the Bill of Rights. Please read my views on the subject in the current issue of The Boston Phoenix; the column after the jump.

Comments (0)

Tarek Mehanna Found Guilty


I was saddened, though not terribly surprised, when I heard yesterday that after only ten hours of deliberations, a federal jury found Tarek Mehanna guilty of all seven counts for which he stood accused. Jurors felt the government had proven that Mehanna provided "material assistance to terrorists" for such actions as making translations of jihadi videos. Mehanna now awaits sentencing and may face up to life in prison for acts that, until now, seemed clearly protected under the First Amendment.

I was asked by PBS affiliate WGBH-TV, and NPR affiliate WBUR, to speak about the Mehanna case yesterday on their respective stations.

Click here for my interview on WBUR's Radio Boston (Dec. 20), or listen to the audio clip below.

Radio Boston

Click here for my interview on WBUR's Morning Edition (Dec. 21), or listen to the audio clip below.

Morning Edition

After the jump is video of my interview on WGBH-TV's Greater Boston (Dec. 20).

Comments (0)

Obama Learns Newspeak: The Administration's Perversion of the Freedom of Information Act (FOIA)


On October 30th, the Obama administration proposed an executive rule that will instruct government agencies to lie to the citizenry. The administration's proposal is a rule-change to the Freedom of Information Act: under the new policy, agencies would be instructed to tell citizens seeking prohibited documents not merely that the documents are not available, but that the documents do not exist at all. As my research assistant Daniel Schwartz and I show in our article on Forbes.com today, the implications of this seemingly insignificant bureaucratic decision are quite far-reaching, and make a veritable mockery of President Obama's supposed embrace of a new "era of openness" in government.

Comments (0)
Updates related to Harvey's
book Three Felonies a Day, a critical
take on the Justice Department

Archive by Years