Commentary

Thursday, March 15, 2007

Has the fraud bogeyman claimed another victim?
By Justin Levitt

As Shakespeare might ask, what happens when the quality of justice becomes strained? That is the question raised by new evidence of improper politicization of the Department of Justice. This evidence—but the latest in a string of revelations of justice (small “j” and big) pushed from its proper place—ought to prompt new laws to guard the propriety and independence of those who enforce the nation’s laws.

The El-Masri case presents important challenges both to the international rule of law, and to the quality of justice delivered in the U.S.'s own federal courts. Professor Benjamin Davis, in an earlier JURIST Forum column, has pointed to some of the moral concerns the decision yields. My interest is in the technical aspects of the "state secrets" privilege on which the Fourth Circuit based its decision.