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Conservative Judges Demolish the False Legitimacy of Guantánamo’s Terror Trials

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When is a war crime not a war crime? When it is invented by the executive branch and Congress and implemented for six years until a profoundly conservative appeals court strikes it down. The invented war crime is “providing material support to terrorism.” On October 16 a three-judge panel of the U.S. Court of Appeals, D.C. Circuit, threw out the conviction ...