One of the sickening things about this war is watching people who used to call themselves libertarians go out of their way to sweep state abuses under a rug of narrow legalism. The latest example to get my attention is Eric Raymond’s defense of the practice of disappearing those designated as enemies.
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Meta
Used to call themselves libertarians? I wish.
I’m not sure what sort of evidence would satisfy him…Padilla’s an extreme case, perhaps, but he does, at least, represent incontrovertible evidence that at least one US citizen arrested on US soil has been held without due process. Given that one violation I would say that allegations of other, hidden violations are sufficiently plausible that I would prefer to see the government required to defend its actions rather than given the benefit of the doubt.