In kicking off Lawfare's 9/11 10th anniversary project devoted to laying bare our own non-trivial errors of analysis or understanding over the last decade, I have a number from which to choose. All, however, pale in comparison to my vacillations over the appropriate trial forum for terrorism cases. My many critics have been gracious enough not to notice the consistent inconsistency of my position on trials over the years. But in retrospect, it is faintly comical.
Latest in Lawfare: 10th Anniversary Project
The 10th anniversary of September 11 is, as everyone knows, coming up soon, and it promises a veritable orgy of selective memory. America's debate over law and security is, in general, characterized by an overabundance of certainty; everyone is way too convinced that he or she is right about whatever the issue at hand happens to be at any given time. All the data seem to prove all the hypotheses, and it is quite rare for people to go back and offer their intellectual mea culpas for the things they get wrong.