Benjamin Wittes Quotes

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While I oppose the death penalty as a policy matter, in a legal culture in which we reserve the right to execute people for relatively routine street crimes, it seems quite absurd for the justice system to get squeamish about...

Al-Qaida is a cult of martyrdom.

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Back when the natural sciences, philosophy, and theology were one great intellectual hodgepodge, proving the existence of God was a relatively commonplace exercise. To the modern mind, however, science and religion talk past each other.

The search for the Torah codes is rooted in the unfathomable theological premise that the Torah - itself a set of five books of limited length - contains literally all truth.

When it comes to letting kids out into dark alleys, we understand that they have things to steal. We need to understand that in online life, too.

June 10, 2002, the day John Ashcroft announced the arrest of Jose Padilla, marked a low point in Ashcroft's career as Attorney General.

If the 'enemy combatant' cases of Padilla and Hamdi present a clash between liberty and security, each side champions one while giving short shrift to the other.

How exactly the obstruction-of-justice statutes interact with the president's broad powers to supervise the executive branch under Article II of the Constitution is a genuinely difficult question.

There is no doubt in my mind that Article II limits to a considerable degree the application of the obstruction statutes to the president when he is acting in his capacity as chief law-enforcement officer of the country.

I don't doubt that there are many presidential acts that would constitute obstructions of justice if anyone but the president engaged in them but which constitute legitimate exercises of presidential power when the president engages in them.

The nature of constitutional delegations of power is that they entitle the empowered official to do certain things that other people can't do.

I normally try to ignore presidential tweets.

The idea that the president doesn't interfere in law-enforcement investigative matters is one of our deep normative expectations of the modern presidency. But it is not a matter of law. Legally, if the president of the United States wants to...

If Trump wants to corruptly direct the conduct of an investigation in order to out an FBI source who was helping our government investigate Russian interference in our electoral processes, well, Article II of the Constitution begins with these terrifying...

The notion of law enforcement as professional, not political, began developing as an aspiration and an ethos even while, in practice, the FBI was the personal fiefdom of J. Edgar Hoover.

For those who support same-sex marriage - and I support it without reservation - the ideal of equality and the belief in the dignity of same-sex relationships necessarily makes the issue seem a great deal like the civil-rights struggles of...

Conservatives complain that the Supreme Court is too liberal. Liberals complain that it's too conservative. Both charges are inaccurate: in reality the Court is a careful political actor that arguably represents the center of gravity of American politics better than...

In general, liberals fear conservative judges far too much. In almost all areas, in fact, they dramatically overstate the stakes.

The foundations of modern civil-rights law are exceptionally secure. Conservative judges nibble around the edges sometimes, and people still debate the constitutionality of affirmative-action programs. But almost no one seriously argues about the basic meaning or legitimacy of core civil-rights...

Although environmental groups sometimes raise issues in the confirmation process, environmental protection is not central to the fear-mongering of the liberal interest groups that oppose conservative judges. But the threat to basic environmental protections from conservative jurisprudence is broad-based and...

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