Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Friday, April 15, 2016

Justice Stevens makes some good points in Rasul v. Bush

(from The Nine, by Jeffrey Toobin)

 The Bush legal team, led by Ted Olson, the solicitor general, brought the same moral certainty to the Supreme Court that the Republican political operation put forth to voters. The issues were straightforward, the choices binary: the United States or the terrorists, right or wrong. Standing up to argue in Rasul, Olson laid the same kind of choice before the Court. "Mr. Chief Justice, and may it please the Court: The United States is at war," Olson began with heavy portent. "It is in that context that petitioners ask this Court to assert jurisdiction that is not authorized by Congress, does not arise from the Constitution, has never been exercised by this Court."

But if this kind of talk was intended to intimidate the justices, as it cowed so many others, the tactic did not work. Indeed, it backfired. "Mr. Olson, supposing the war has ended," Stevens jumped in, "could you continue to detain these people on Guantanamo?" Of course we could, Olson said. In other words, the military could detain Rasul and the others whether or not there was a war.

"The existence of the war is really irrelevant to the legal issue," Stevens said.

"It is not irrelevant because it is in this context that that question is raised," Olson replied weakly.

"But your position does not depend on the existence of a war," Stevens insisted, and Olson had to concede it did not. So in just the first moments of the argument, Stevens had shown that the Bush administration was claiming not some temporary accommodation but rather a permanent expansion of its power for all time, in war or peace. And Stevens was showing further that Olson's rhetorical flourish--"The United States is at war"-- was nothing more than posturing. (p. 231)

...

So, it turned out, was the preposterousness of the administration's key argument in Rasul. Olson had maintained that the navy base in Guantanamo was really Cuban soil and to allow a lawsuit there was inviting litigation on a foreign battlefield. But as Stevens put it in his opinion, "By the express terms of its agreements with Cuba, the United States exercises "complete jurisdiction and control' over the Guantanamo Bay Naval Base and may continue to exercise such control permanently if it so chooses." The entire reason that the military took the detainees to such a remote outpost was because the base offered total freedom from outside interference. Allowing lawyers to visit prisoners in Guantanamo and letting them conduct litigation offered no risk at all of escape or disruption--something that could not be said for many prisons within the United States. (p. 235)

Wednesday, June 12, 2013

Gas stations and card fees

As you've probably noticed, many gas stations have started charging different prices for cash and credit/debit. Up until 2010, gas stations that accepted credit cards were prohibited from charging a lower rate for cash customers. (Reason: Mastercard and Visa rule the country.) After a court ruled against the two credit giants, stations started listing two different prices.

As a warm-up to what might be more intensive posting during my Korea trip (yes, I'm going!), I decided to document my observations locally. I don't have a gas card, and I don't have much brand loyalty. Consequently, I've got a fair amount of anecdotal evidence that there's some standardization across stations of a specific brand, and that not all brands treat the card fees equally.]

Note: most of my direct experience is with debit card purchases. However, debit cards are generally treated the same as credit cards, even though debit transactions typically have lower merchant fees associated with them. I'll note places where debit is treated differently than credit.

Arco:

As the article above mentioned, Arco didn't take cards until quite recently. They currently apply a $0.35 charge for debit-card customers, but that appears to be a flat fee. I don't know precisely what the merchant fees are (I'll update the post later), but a good estimate is 3%. If that's true, then Arco is not passing on the full cost of a card transaction to the customer.

Mobil:

Mobil is often one of the pricier brands of gas in this area. Perhaps as a consequence, they don't charge a different rate for cash and credit/debit. This appears consistent over the handful of Mobil stations I explored in the San Gabriel Valley.

Chevron:

Chevron tends to add about 10 cents a gallon for credit and debit transactions, which translates into about 2.5% at current gas prices in Southern California. This means they're passing on the full price.

76:

76 stations seem to exhibit a bit more variability than the others. I don't know why -- maybe the franchisees generally have more freedom to set rates. I've seen some that list the same price for cash as credit/debit, but I think a majority charge about 10 cents more per gallon.

Shell:

Ugh. The Shell closest to my house charges 20 cents a gallon more for card transactions. This is about 5%, or well above what they should reasonably expect to have to pay in merchant fees. Another one a bit farther away is a bit more reasonable, and charges *only* 10 cents a gallon more for card purchases.

Valero:

These stations tend to be less common, and, honestly, they have the feel of an independent station. The one closest to my house charges 4 cents more per gallon for credit purchases, but charges the same as cash for debit purchases. This might have to do with the difference in fees between credit/debit, as mentioned above.


Other notes:

Of all the stations I've tried, I haven't noticed a major hold placed on my card by any of them. The policies may have changed at some point -- previously, a hold, often of more than the amount of gas purchased ($75 in some ridiculous cases) was placed on the card. This could be Very Bad Indeed, and lead to overdrafts or cards being declined if one flirted too closely with a zero balance. It's a welcome development, but I'd need to investigate further as to when this changed and why, if it is, in fact, a real change.

Update: it appears debit card PIN transactions aren't subject to holds. Not sure why that would be true, but that credit cards would be subject to holds. Fraud? That doesn't seem to make much sense to me. Maybe there's a different clearing mechanism for credit and debit purchases with a PIN.

Wednesday, May 1, 2013

Kiera Wilmot

http://blogs.miaminewtimes.com/riptide/2013/04/florida_teen_girl_charged_with.php

When I first read this story, I was horrified. But, learning from various other cases, I resolved to wait a full 24 hours before reaching judgment. I thought the story worthy of posting in the interim, but didn't sign any petitions or write any letters. After all, sometimes there is some additional evidence that comes out that, in retrospect, justifies the decisions by law enforcement.

I just read the publication date of the article. It's six days old.

And needless to say, I'm livid.

Some have tried to make this case about race. It may or may not be about that, and I don't think race needs to be a factor at all to feel passionately about this. But I understand if some people view this case through the lens of race.

And it'd be easy -- perhaps easier for me -- to make this about the science culture wars. After all, given the recent noise from Lamar Smith (R-TX), current chair of the House Science Committee, about making political oversight the determining factor for NSF grants, it's clear that one political party (you get two guesses) has adopted a pretty anti-science position, even as it seeks minority opinion to try to make settled issues appear somewhat unsettled. I hope to hell she does get into a good program that gives her the opportunity to get a great science education; she has more native curiosity about science than I did at her age, and if I was good enough to get an NSF fellowship, she probably will be, too. (Who knows? She might even complete her PhD, unlike yours truly.)

But it's not about either of this. This is about childhood, and about America.

It's about whether we, as a country, are so paranoid of our own youth that we can't exercise judgment and come up with proportionate punishment.

Maybe this would've been different if the Boston Marathon bombings hadn't happened. Maybe many are still a bit paranoid about the potential for young people to inflict mass casualties using relatively simple devices. Maybe we've gotten so used to hearing stories of heinous crimes committed by younger, and younger people that it's only natural we've begun criminalizing the young.

Maybe we've become a nation of cowards.

I believe in an America that can't be defeated by one bomb, or a hundred, or a thousand. I believe in an America where our native, sometimes sickeningly naive optimism triumphs over the paranoia and cowardice that are invitations to unchecked power.

Have we become so weak, so pathetic as a country that a little bang on the field is enough to bring down the security apparatus of the state?

If so, we deserve the horrors of the worst paranoid fears realized, for we are no longer a nation worth defending.

You have a 16-year old young person, who happens to be black, happens to be female, happens to be bright, curious, and, by all accounts, a good person. She is now facing two felony charges for something that appears on Youtube, for combining very, very common items.

Did she display a lapse in judgment? Sure. I don't know the details yet about the amount of reactants used, but I suppose she could've seriously injured her eye if the ejected bottle top had hit her in the face. I'm also curious why she didn't get permission from her teacher, and who the mysterious friend is that allegedly told her to do it.

A 16-year old's judgment could be worse. We're complaining about a 16-year old girl who would do a science experiment to impress a friend. There are 16-year old girls who spread their legs to impress someone. Or do drugs. Or break into a house.

Was it uncommon? No.

At my college, we used to blow up things, like, oh, large weather balloons filled with flammable material. Those were stopped before my time. But someone did try to detonate an ice block with thermite once. Yeah, there was some trouble about it, but it was all resolved without a felony charge. And I think there were occasional magnesium fires in the courtyard. All of these were more dangerous than the poof generated by aluminum and toilet bowl cleaner, outdoors, in an uncrowded field.

Was it criminal? I hope not.

It's pretty much impossible to write a good law that covers all possible cases. That's why law is evolving, dynamic, and imperfect. Maybe she did technically break the law (though it's not at all obvious from what I read). But if so, does it make sense to charge her with felony counts?

The whole reason we have a trial by jury, DAs, and judges is that there is, and ought to be, some leeway regarding which cases to bring to trial, which cases merit a guilty verdict, and, even in those cases, some level of judgment regarding sentencing.

I have not seen any of those fine aspects of jurisprudence on display in the last week. What I do see is half-hearted excuses by weak individuals unwilling (with the exception of the school's principal) to stand up and say, this is wrong. We are not doing right by her. We are not doing right by all of the youth we regard, by default, as threats.

I'm disgusted, and will sign petitions, and write letters, and contribute to her legal defense fund. Also, I'll encourage Harvey Mudd College, recently recognized for its success in growing its female student body, to start sending her application materials.

Could something come up in the next few days that will leave egg on my face? Sure. Then I'm sure some people will mock me for running to defend someone not worth defending. Bullshit. I'll choose the promise of youth over the cynicism of the old every day, any day. And if that means I'm wrong occasionally, so be it.

But it looks pretty damn ridiculous right now. Florida has definitely demonstrated some high profile madness in a number of criminal cases in recent years. Here's hoping they get this one right, and let her get back to school soon.

Saturday, November 24, 2012

Silly White House Petitions

Update: you can view my own petition for a Facebook dislike button here. Sign it - it needs 150 signatures before it can be viewed by the public on the White House website!

I was curious, so I decided to survey all of the 239 (at time of writing) active petitions at https://petitions.whitehouse.gov/petitions.

Some are quite serious, calling for, among other things, the recognition of a Sikh genocide in India in 1984, GLBT (when did it stop being LGBT?) marriage equality, transplant rights for autistic children, concealed weapons in Illinois (which, it claims, is the only state that doesn't offer concealed permits), student loan relief for Peace Corps volunteers, appointing a pediatric oncologist to the National Cancer Advisory Board, and Federal income tax exemptions for wounded and disabled veterans. Also, with about 7,000 signatures, is a petition to have all religious organizations pay federal, state, and local sales tax. This is another one close to the threshold. There's also a petition for a revenue-neutral carbon tax -- someone is taking this process seriously. Another worth looking at: a petition to declassify findings by NSA mathematicians. Also, resurrecting FDR's Second Bill of Rights.

Also, I learned about the Chagossians. (The U.S. Government Must Redress Wrongs Against the Chagossians)


But then there are the secession petitions, from a lot of states -- most notably Texas. (Alaska gets points, or loses them, for using all caps in its petition title, as well as making a Moses reference "LET MY PEOPLE GO!") And there is a counter-petition to strip the secession petition signatories of citizenship. This one would actually deport them, and has met the requisite 25,000 votes. There are more, too.

Here are some noteworthy weird petitions:

Shut down White House petitions, since they never get a sincere response, few read them, & they are ultimately worthless

This one actually has a good point. Didn't they take lessons from the Chevy Tahoe ad campaign (which might have been more successful than I thought)? Or maybe it's just being hipsterish.


Transfer funds from the drug war to fund the research and development of the genetic engineering of domestic cat girls

So, this. Why girls? Why not boys? Someone might be thinking of another kind of stimulus plan, even hairier than the passage of the first two. As it has only 649 signatures, it appears that the male furry stoner demographic can't be bothered.


Uninstall Obama- meaning remove Barack Hussein Obama, his appointed government leaders, & failed policies from America.

Ok. So let's assume they're serious, instead of trying to make some sort of smarmy point. I think this person is calling for a coup within the confines of a White House petition drive. Either this person vastly overestimates the power of a petition directed at an authority the author regards as illegitimate... OR "uninstall" refers to some software that Obamabot is using. Surely, you didn't think Romneybot was the only Android-American running for President?

Create and Approve The MICHAEL JOSEPH JACKSON National Holiday.

All caps are probably a no-no when addressing the Executive Office of the President. At least the petition links to a list of his humanitarian efforts. Whatever day it ends up being, it probably has to be in the first half of the month (under 16).


Stop non-citizens from voting illegally and the states from illegally sending non-citizens voter ID cards. Stop Fraud!!

More than one exclamation point should disqualify a petition. In fact, any exclamation point is probably not good. No grammatical errors, but the author is clearly pissed that the residents-but-not-citizens gave the election to Obama. Also wants us tracked nationally by social security number, which entails... what? Anything different from the status quo?


Disban the Humane Society of The United States on the basis of fraud and racketeering .

So, they forgot the "d" at the end of "disband" in the title. Intrigued, I read the text. Evidently the author misspelled too ("to"), and tactics ("tatctics"). The author is also concerned about the Humane Society banning all farm ownership of animals. Is the author absolutely certain that the target is PETA?


Require Barack Obama To Allow The Public Examination Of His Birth Certificate Records & His College & University Records

Birthers aren't back. They never left! Now in a new flavor -- college transcripts!

Stop the War on Gaza

First, the author is giving the POTUS a lot of credit if they think he can stop the war in Gaza. Second, it claims that Israel started all the wars. I'm not the biggest supporter of Israeli foreign policy, but that just isn't true. Everyone has their own line for when something is Anti-Semitic, but the mere fact that I'm bringing it up says that this probably is not a reasonable petition. Only 600+ signatures, and it's kind of moot.


United States Government recognition that Israel authored the 9/11 Terror attacks

Wow. This has 620 signatures, all of which have been entered into an FBI watch list. Seriously, tinfoil hat conspiracies + Anti-Semitism = loads of crazy. Still, worth reading, because it apparently resulted in Bin Laden being killed several times (why wasn't his word good enough?) and central banking conspiracies.

Nationalize the Twinkie industry

Sign this. It's a strategic resource. Fat people will help America float as the oceans rise, because trust me, I used to be a scientist.

For certain counties (within respected states) to withdraw from California and Oregon and form the State of Jefferson.

It's respective, dumbass. And lest you think I'm being unfair, I read the petition, and the author clearly means "respective". The last sentence reads, "Please grant us our freedoms that is promised to us". Also, California appears to be "to [sic] diverse". It looks like Fallout 2 nailed the characterization of the average resident.

Establish new legal system of motorcycle riding "Judges" who serve as police, judge, jury, and executioner all in one.

Nice. Nearly 3,000 signatures, and 20 days to go. "That's Honorable Hell's Angels to you, bitch!"

Allow United States Military service members to place their hands in their pockets.

I did not know this was not permitted. Maybe it's seen as threatening to the local population. Maybe it inhibits readiness -- I've never tried to shoot a gun from a position of hands in pocket, but I can imagine it would be difficult. Bonus points for borrowing from the flowery language of the Declaration of Independence, and for being

provide University graduates ability to trade their diplomas back for 100% tuition refunds.

And I thought I was bitter about college.

We, the People, DEMAND an immediate, thorough and honest investigation into GEO-ENGINEERING, HAARP, & "CHEMTRAILS"

Lost points for shouting. Claims that we are the victims of biochemical warfare.

Support a Resolution of Expulsion of Mitch McConnell from the Senate for his disloyalty to the United States.

Was joking about the practice of ostracism via White House petitions. Evidently someone beat me to it, and is very specific.This was at least educational -- it claims that the Senate has expelled fifteen members in its history. Not a McConnell fan (though I do think he should have the screen name McConnellSanders), but I think this is a bit harsh, and probably not a good idea to approach this via the executive branch.

have the President to attend a Fark.com party. If scheduling does not permit, at least have a beer with Drew Curtis

Nicely done. Free advertising FTW!

End to the War On Coal, end the job killing policies of the EPA and require an economic impact analysis of new policies

Evidently this suggests that there is no economic impact report done for new pieces of regulation. Also, I'm no expert, but I think coal's been losing the war in the marketplace for some time. It currently has over 25,000 signers, so a response will be forthcoming.

Recount the election!

Nearly 64,000 signatures. Self-explanatory.

Include Licensed Naturopathic Physicians as primary care providers in the Federal Healthcare Law (Obamacare).

Not sure it will make it  (13,853, with 14 days to go). Perhaps like homeopathy, with fewer votes, it will be even stronger.

Repeal the House of Representatives Resolution 121 to stop aggravating int'l harassment by Korean propaganda & lies!

Persuade South Korea (the ROK) to accept Japan's proposal on territorial dispute over islets.

Remove the monument and not to support any international harassment related to this issue against the people of Japan.

I was not expecting to see a Japan lobby in these petitions. AIPAC is nowhere near here, other than a single proposal to support Israel no matter what (which probably does not have AIPAC involvement). I'm not sure if this is a testament to the weakness of the Japan lobby (also the Polish lobby), or if there are some Tule Lake folks that remain embittered. (Ask Google or your JA friends about the last bit.)

Note: these all have over 25,000 signatures. I didn't even know there were that many JA's left in America that were Internet-capable and gave a shit about politics. (Kidding. Barely.)

Light the White House Purple to Celebrate 75th Anniversary of March of Dimes and as Symbol of Hope to Preemie Families

It's over the threshold, and seems like a nice thing to do. Precedents, yes, but it's got the best shot of all of the petitions I've seen.

Stop destruction of our U-233 for more NASA space exploration, new cancer treatments and thorium based energy abundance!

I only learned recently about a small, obsessive group that believes in Thorium reactors. I'm ashamed that as a physics major, I don't know much about this type of reactor. But the vibe I got was similar to other groups that feel victimized and persecuted. (Related: see the surprisingly weakly supported petition, Answer ALL the questions posed by Congressman Ron Paul in his final speech on the House floor, Nov. 14, 2012.)

Help Free D. Randall Blythe From Prage, Czech Republic. Where he is falsely accused of commiting Manslaughter.

This is one of several petitions that ask for an intervention of some sort (pardon, reopened investigation, etc.) for a specific criminal case. I chose this one because it concerns a crime outside of the United States, thereby possibly necessitating federal involvement and because it is the only one above the threshold. If nothing else, the band Lamb of God has a decent number of fans.

What this taught me is that there is a paucity of well-written petitions. I've decided to create my own -- stay tuned!

Sunday, July 18, 2010

Gender norms, advocacy, medicine, and the law - Cornell case study

When I first read that a friend had joined a group called "End Female Genital Mutation at Cornell", I braced myself for a report of an international student's child being subjected to mutilation according to their culture of origin. What I found was a different story that is currently taxing my vocabulary for appropriate descriptors.

I'm very bothered by this group and what it discusses on many levels. This is the kind of thing I would ordinarily ignore or otherwise not speak about - I really don't know how others, or even I, will respond to this.

But that's precisely why I am writing about it. It's a frontier I hadn't considered, with some pretty substantial stakes. And even though I am pretty damn far from an expert on gender/identity issues, I decided it was important for me to share this, and solicit opinions from my bright friends.

Saturday, October 10, 2009

Modern Protest

This post was initiated by an interesting article in today's NYTimes:

Legal Cost for Throwing Monkey Wrench Into the System

Briefly, a man is facing charges of fraud for intentionally placing bids for oil and gas rights on federally owned land near national parks and monuments.

This case is fascinating for a number of reasons. I recently met a young law student from Yale who wanted to become a federal prosecutor, partly because he wanted to make sure that he could sleep at night. He said that most of the defendants brought before federal court are guilty. (I did remind him that, while probably correct, the high conviction rate could mean other things.) Cases like this, where it is clear that the defendant broke the letter of the law, but the government's actions are also suspect and conflicting, do not lend themselves to easy moral resolution.

Perhaps less philosophically, and more practically, I think this is a fine example of how protest and dissent has evolved. In the last couple years, journalists noticed the difference between Vietnam-era protests by soldiers and today's professional lobbying, permitted by existing military regulation, used by active servicemen seeking an end to the Iraq War.

Every generation is heterogeneous. But I think enough of us see opportunities to use either (or both) Alinsky-esque tactics of disruption and reform efforts using existing institutions and structures.

Though he is guilty of breaking the law, I salute Tim DeChristopher for using an innovative, effective and nonviolent method of protest, and wish him well in his defense.

Wednesday, May 27, 2009

A letter to Asian-Americans in California Regarding Proposition 8

Update 05/27/2009: Thanks to David Coyne for catching an error I made. I had stated that Asian-Americans were the only minority group to have voted as a majority for Proposition 8. This is false. According to a CNN exit poll, Asian-Americans were evenly split for and against Proposition 8, with a slight plurality voting no. The post has been edited to account for this.

That said, the post's intent and content remain valid; it is still troubling to me that a full 49% of Asian-Americans supported Proposition 8, given this history.



To my friends in California -

I heard about the Supreme Court ruling. And while it may have been consistent with expectations, I know it was not consistent with your hopes.

I am reminded of the many instances of separate but equal justice that California in particular, and nations in general, have visited upon their citizens.

Thursday, April 9, 2009

What’s in a Name?

What’s in a Name? Weighing in on Texas State Rep. Betty Brown comments

I decided to write about the case involving Texas State Representative Betty Brown, (R-Terrell) (homepage), because I think it’s important to address events that might trigger emotional rather than nuanced reactions in as calm a manner as possible. There are way too many issues to take the eye off the ball and rant about a case which only serves to reinforce preexisting notions of an imagined “other”.

The Houston Chronicle reports that Rep. Brown made some controversial comments during a session of the House Elections Committee in response to testimony delivered by Ramey Ko, a representative of the Organization of Chinese Americans.

Saturday, March 7, 2009

500,000 lawyers versus 500,000 engineers

Last hope, last stand: China's petitioners find a system under strain (Financial Times)

A fascinating set of videos taken by the FT of Chinese citizens petitioning the central government for justice.

Neil DeGrasse Tyson once pointed out that the US graduates 500,000 lawyers a year, while China graduates 500,000 engineers each year. Looking at the Chinese judicial system, one wonders whether our apportionment of social resources is really all that bad.

Monday, March 24, 2008

Judge Ra'id Al-Saedi, Chief Investigative Judge of Iraq High Tribunal

Today I attended a lectured delivered by Judge Ra'id Al-Saedi, Chief Investigative Judge of the Iraqi High Tribunal that tried and convicted Saddam Hussein.

He spoke of the technical and legal challenges of forming the Iraqi High Tribunal and building a case of genocide against Saddam Hussein and his partners.

The Tribunal used the existing Iraqi Penal Law 111 (1969) and the Iraqi Criminal Law 203 (1971). They also drew upon the experiences of Rwanda, Bosnia, and Sierra Leone, and made use of experts that had participated in the war crimes tribunals involving those nations. However, one distinction is that those tribunals were created by an action from the UN Security Council. Given French, Russian, and Chinese opposition to the 2003 invasion, the case fell to domestic courts.

Judge Al-Saedi discussed four challenges in building the case:
1. Establishing the numbers of victims
2. Processing and identifying relevant documents
3. Excavating victims from mass graves
4. Finding witnesses to testify

Victims

He stated approximately 100,000 Kurdish civilians were killed in 1988, and 200,000 Shi'a civilians in 1991 in the uprising following Desert Storm.

Logistics were a nightmare. Initially, the IHT started with one office in Baghdad, at which they received hundreds of survivors and witnesses each day. They decided to create three additional offices, two in the north, and one in the south.

Processing Documents

Some of the documents actually came from the United States. The US acquired some of these documents during Desert Storm, and after 1991 received a stream of files from Kurds in northern Iraq.

The IHT began with 10 tons of documents. Al-Saedi hired 100 individuals and divided them into four groups. The first group separated the documents between legal and non-legal, and kept the former. The second group reviewed the legal documents and retained only the important files. The third group separated evidence from non-evidence, and the fourth group split the evidence across the 14 cases that were in preparation.

With 24 investigative judges and 100 paralegals, the tribunal scanned and examined over 6 million documents using an electronic database.

Mass Graves

While the documents were being processed, another group examined the mass graves. According to him, there were about 250 mass grave sites identified in Iraq. Each site consisted of 10 to 50 graves, and each grave contained about 80-100 victims. Taking these numbers as is, this implies anywhere from 200,000 to 1.25 million victims. Given his earlier comments, the lower of the two seems more reasonable.

The cost to excavate and examine a mass grave ranged from a minimum of $5-10 million to a maximum of $25-50 million. Some of the funding came from the Iraqi government, while many of the logistics were provided by the US and British armed forces. Some human rights organizations also provided assistance. Because of the expense, five graves were chosen for excavation.

These locations were frequently remote, requiring transport by helicopter. Al-Saedi described the process as building "a city in the desert". The graves were surrounded by a security cordon. Each location required residential facilities and communications - presumably by satellite. He mentioned that two sets of refrigerators were needed - one for food, and one for exhumed bodies. The bodies were flown by helicopter to Baghdad, where experts analyzed the remains. (For security and logistical reasons, the experts remained in Baghdad and were not located at the mass graves.)

Witnesses

Witnesses were important, not only for the hearing, but to establish the identity of the victims. If a witness confirmed that a mass grave was created prior to 1990, the victims were likely Kurdish. If it was created after 1990, the victims were likely Shi'a.


In addition to the four technical/legal issues, Judge Al-Saedi mentioned two human complications: the defendants and the politicians.

Anyone who has seen video of Saddam's ranting during the trial knows that the defendants could be defiant and disruptive. Iraqis watching the proceedings may have been nonplussed by the "rule of law". In the end, the tribunal decided that the best way to deal with defendant characteristics was to permit them to ramble and rant, and to inject questions in the middle of their tirades. In so doing, the defendants made mistakes and incriminated themselves. (I thought this was an ingenious tactic.)

In addition, the judges were under pressure from various politicians looking to push and defend their diverse agendas. Al-Saedi did not have much time to go into this, but merely said that the IHT's chief goals were to send the following messages:

1. No one is above the law, and the law serves the citizens of Iraq.
2. Judges, lawyers, and other legal professionals must bear the burden of responsibility for their country's future.
3. Politicians must accept the rule of law if Iraq is to be a real country.

Al-Saedi answered two questions, and clarified some minor points.

He was staunchly opposed to amnesty for Iraqi leaders who had committed international crimes.

Mr. Al-Saedi spoke English fairly well, though with an accent and frequent pauses. However, there was one point at which it was clear that he did not have to reach for words. A student wearing a skullcap commended his courage and character, and asked him what personal trials he endured during this process.

Mr. Al-Saedi graciously and eloquently thanked the student for his kind words, and said, without pause or qualification, that in order to do the job correctly, he and his peers had to put aside personal problems and concerns. Their obligations to their families was dwarfed by the immense responsibility to build a functioning legal system in Iraq. He said that the trials cost much, in money and in blood, and indeed, there was danger for all involved. But he compared his position to the position of the law student's father - "Your father is tremendously proud of you for being here, studying law at Cornell." In a similar way, he felt that his legacy to his children, and how he best stood for them and the people of Iraq, was to focus on building the legal system.

There is something impressive and moving about a man who works with such conviction to help build a new nation.

The task in Iraq looks more daunting than even that faced by the Founding Fathers. I recall Stephen Biddle's lecture here last summer, and wonder whether fear of genocide - perhaps legitimate - would perpetuate the political deadlock, preclude the efforts to secure the country, and destroy the possibility of the rule of law. It is easy to hope, and easier to be pessimistic. But it is hard, hard to do something tangible and concrete, or at least hard because it may be unfamiliar and risky.

But his lesson, and the lesson of the ghosts of history, is to first and foremost do your duty, with courage and candor and deed. A lesson for us all, though our challenges be minor by comparison.