During oral argument yesterday at the DC Circuit on the Justice Department scheme to hamstring Gitmo attorneys, it looks like Judges Rogers and Ginsburg (um, that's also Professor Ginsburg) both had about the Justice Department's attempt to limit access to CSRT evidence by detainee counsel:
"Why shouldn't the court and the counsel see all of the evidence?" Rogers asked an administration lawyer. "Who knows what evidence was gathered?"Ginsburg remarked: "I don't see how there can be any meaningful review if we don't know what we don't know."
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