Gonzales on habeas: two views

Nothing new doctrinally, says Eugene Volokh.
One more scary trial balloon from a very scary Administration, says David Bromwich.

Did Attorney General Gonzales’s testimony about habeas corpus constitute a threat to the republic, as I suggested a few days ago? Eugene Volokh, parsing the cases, thinks that Gonzales wasn’t saying anything especially new or controversial. David Bromwich, surveying the record of the Bush Administration, thinks we might have a big problem. Judge for yourself.

Author: Mark Kleiman

Professor of Public Policy at the NYU Marron Institute for Urban Management and editor of the Journal of Drug Policy Analysis. Teaches about the methods of policy analysis about drug abuse control and crime control policy, working out the implications of two principles: that swift and certain sanctions don't have to be severe to be effective, and that well-designed threats usually don't have to be carried out. Books: Drugs and Drug Policy: What Everyone Needs to Know (with Jonathan Caulkins and Angela Hawken) When Brute Force Fails: How to Have Less Crime and Less Punishment (Princeton, 2009; named one of the "books of the year" by The Economist Against Excess: Drug Policy for Results (Basic, 1993) Marijuana: Costs of Abuse, Costs of Control (Greenwood, 1989) UCLA Homepage Curriculum Vitae Contact: Markarkleiman-at-gmail.com