Jack and I have written this oped in the Washington Post on the Ghailani verdict. It begins:
The Obama administration’s critics are missing the point on Ahmed Ghailani. Their reaction to his acquittal this week on 284 criminal counts and conviction on only one exaggerates both the vices of civilian courts and the virtues of military commissions. And it elides an important alternative to trial in either forum – military detention without trial – that today looks more attractive than ever as a means for incapacitating terrorists.