December 19, 2003

EUGENE VOLOKH IS UNIMPRESSED with Stephen Reinhardt’s opinion on the Guantanamo detainees: “What Judge Reinhardt is describing and condemning in the last sentence is the standard way that enemy detainees are treated. . . . Ah, Reinhardt says, but at least we acknowledged that they’re prisoners of war. But ‘prisoner of war’ status is given only to those enemy detainees who were fighting in accordance to the laws of war.”

I stand by my earlier statement that Reinhardt’s gasbaggery here will do more to undermine the positions he supports than John Ashcroft will.

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