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This You Ought to Watch

By Jack M. Balkin

Congressman Nadler asks Steve Bradbury two critical questions: (i) How is it possible that the CIA's waterboarding (which Bradbury insists is not as bad as the traditional technique!) is not designed to result in severe physical and/or mental pain or suffering?;

and

(ii) Is there any theory under which the Executive has a legal right to withhold from the Committee OLC's legal opinions on the legality of the enhanced techniques, so that the Committee can oversee DOJ (and, I would add, so that the Committee has some understanding of how our government is interpreting and implementing Congress's own enacted statutes)?

Bradbury, not surprisingly, does not provide any direct answers to either question.

Full post as published by Balkinization on February 14, 2008 (boomark / email).