Can’t ask, won’t tell Commentary
Can’t ask, won’t tell
Edited by: JURIST Commentator

Brian J. Foley [Florida Coastal School of Law]: "This week's legislation limiting the rights of 'detainees' to challenge the Executive's exercise (and abuse) of power over them also strips Americans of our ability to oversee the Executive. When it's easy for the Executive to 'win' its cases against these prisoners, and to prevent prisoners from challenging their detention in real courts, it's also easy for the Executive to cover up misdeeds, errors, and incompetence, all while claiming to be winning the 'war on terror' (and using this claim to increase Executive power even further). The legislation should be renamed 'Can't Ask, Won't Tell' — i.e., We the People can't ask about the prisoners, and the Executive won't tell us. For more on why fighting terrorism requires that we apply robust procedural and evidentiary rules, see my earlier JURIST piece, Guantanamo Process as a Public Danger

Opinions expressed in JURIST Commentary are the sole responsibility of the author and do not necessarily reflect the views of JURIST's editors, staff, donors or the University of Pittsburgh.
THIS DAY @ LAW

38 Santee Sioux hanged by US for rebellion

On December 26, 1862, 38 Santee Sioux men were hanged in a mass execution for their roles in a rebellion against US authorities in Minnesota which left hundreds dead and made refugees of some 40,000 white settlers. Government annuities promised under a treaty with the Sioux had failed to arrive on schedule and credit for purchases was not advanced in the meantime, threatening the tribe with starvation. The Santee Sioux Tribe's members were deported first to South Dakota and ultimately to Nebraska, where they remain today. Learn more about the 1862 Minnesota Sioux Rebellion.

Louis XVI put on trial during French Revolution

On December 26, 1792, Romain de Sèze, a defense attorney for deposed King Louis XVI, presented a defense of his client. The former King was on trial before a French Revolutionary court on thirty-three charges, including treason and other crimes against the state. He was convicted on January 15, 1793 executed by guillotine on the following January 21.