THE WORLD TURNED UPSIDE DOWN: “David Cole, a longtime, trenchant critic of the Bush administration’s war-on-terror tactics, defends preventive detention, albeit with due process protections and other limitations. . . . For Cole, preventive detention is justified because the conflict with Al Qaeda is war-like enough to bring into play traditional military detention rules; more process—lawyers love process!—is needed because of the differences between this conflict and traditional war. I don’t know whether Cole has changed his mind or has always believed that the Bush administration’s basic approach was right but just went too far.”
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