
The "Dirty Little Secrets" Edition
Ali Ali
Description
<p>This week, Alan, Quinta and Scott were joined by special guest, <em>Lawfare</em> associate editor Rohini Kurup! They sat down to discuss:</p><ul><li>“I’ll Keep You, My Dirty Little Secret”: The Supreme Court has heard oral argument in not <a href="https://www.scotusblog.com/2021/11/justices-puzzled-by-interaction-of-state-secrets-privilege-and-federal-surveillance-statute/" rel="noopener noreferrer" target="_blank">one</a> but <a href="https://www.scotusblog.com/2021/10/detainee-can-testify-about-his-treatment-at-cia-black-site-government-tells-justices/" rel="noopener noreferrer" target="_blank">two</a> cases relating to the controversial state secrets doctrine this term. Will the doctrine survive Supreme Court scrutiny in its current form?</li><li>“Coming Home to Roost”: Last week, a Guantanamo Bay detainee’s <a href="https://www.nytimes.com/2021/10/28/us/politics/guantanamo-detainee-torture.html" rel="noopener noreferrer" target="_blank">unprecedented testimony</a> regarding his torture at American hands led members of a military jury to recommend he receive clemency. Will this be a turning point for the military commissions?</li><li>“Bark v. Bite”: A judge recently criticized the Department of Justice for describing the January 6 insurrection as an unprecedented criminal act while bringing only minor charges against many defendants involved in it. What do we know of the Department’s <a href="https://www.lawfareblog.com/what-do%E2%80%94and-will%E2%80%94-criminal-prosecutions-jan-6-capitol-rioters-tell-us" rel="noopener noreferrer" target="_blank">prosecutorial strategy</a> thus far—and does it make any sense?</li></ul><p>For object lessons, Quinta shouted out a former obsession of hers, <a href="https://www.nytimes.com/interactive/2021/11/03/arts/design/neopets.html" rel="noopener noreferrer" target="_blank">Neopets</a>. Alan endorsed a number of Twitter accounts committed to things cute and fuzzy, including <a href="https://twitter.com/dog_rates" rel="noopener noreferrer" target="_blank">@do