This like in the case of the Canadian abductee, is more stupid decisions and actions going uncorrected. Arguments about CIA (fer chrissake) doing things legally or illegally is not all that interesting. What is truly truly awful is how utterly stupid some of those questionable activities have been and how that idiocy has gone unremarked and unpunished. A truly smart way of dealing with this is to "render" the CIA operatives back to Italy to face justice and to cut a political deal to commute any sentences. It does not help that the government advised the 23 to flee, nor does it help to not attend a court where one is being prosecuted. The "stark" contrast of Italians involved getting off or being let off lightly and the Americans being convicted, might have something to do with showing up for the trial. This point is being missed by most of the media. Seriously, if the 23 were let off, by not showing up, that would be novel and an invitation to go on a tourist crime spree.

While I appreciate the "serious" issues presented, there has just been too much stupid stuff, since 9-11, such as the DHS, the very name of which is just strange (homeland?). The only surprise is the delayed and continuing state of not being able to do things right and admit and correct mistakes. And not necessarily moral mistakes but the stupid mistakes that result in things that are indefensible on any grounds, except provision of entertainment.

While I hope they will appeal, I certainly have no great hopes for the supreme court to do the right thing. It's one thing for a society to begin to admit that mistakes were made, but to allow time to heal as in becoming forgetful is not the way to avoid future mistakes. To the extent possible mistakes should be corrected. One real simple correction would be to take Mr. Arar off the black list for U.S. entry. This is not one that requires a huge amount of courage and is 100% within the discretion of the executive as well as not being before any court.

As to the rest, even had Maher Arer been kidnapped to spend a year in 5 star accommodation, that still would have been against his will and breach of his rights.

Kidnapping and torture is criminal and no amount of good intentions or following of orders justifies the wrong and this would be regardless of Arer's character and birth identity. The time it is taking for the government to get it's head around the mistakes is not all that acceptable. You can not nudge your way out of a snake pit.

It's really not nepotism either. It is rather a branding or merchandising and as well ass-kissing. Hiring of this sort is a gimmick and would not cost the employer his/her job. On the other hand had they employed an unknown and unpredictable DFH, things can get uncomfortable, or so it is feared. As long as job security is perceived to be tied to political and ideological conformity and feckless management manage via country club mentality, there's little hope but a lot of crap.

Glenn, since your supporters have done an outstanding job of stomping on Joe Klein to a pulp in his blog, it may be best part of valor to just lay off and let him be.

Why not just let the court order you to release the pictures and disassociate the administration from what happened in the past instead of appearing to be an apologist for the crimes? It makes no sense. The stuff about generating hostile response in the war zones makes about the same sense as saying that the pictures will cause the enemy to think twice from fear of capture (especially those who are afraid of dogs). In the meantime the torture enablers are publicly washing the blood off their hands and practically goading to be prosecuted. Obama nudges and the push back is so hard he goes backwards. I really would like to see some brave soul or souls just leak the pictures so that the thing can be resolved absent courage on the part of the administration.

If a Congress Critter defies AIPAC, he/she will get beaten up with the anti-semitic-stick. This overt exercise of unreasonable influence is justified because AIPAC represents a victim interest. The bullying is also accepted because the bullied buy into the victim story which justifies the acquiescence. I don't necessarily agree that this is a right wing hang-up, though it would appear that violence justified on basis of victim-hood (As in 9-11 justifies torture) would appear to be more prevalent amongst the right than with the non-right. Practically all self defense arguments are victim justified arguments. And usually the victim happens to be the one with the power who then proceeds to exercise such power. (eg cops with guns and tasers against unarmed civilians who appear to be a threat) The passive by-standers, who never the less are paying attention, are getting rather tired of this schtick.

This is not 11d Chess. Not that complicated. The choice is not winning or losing the case as the administration can live with either result. Affirming absolute state secrecy is problem, only in theory, as they do not believe they will become rulers of a police state. It would not inconvenience them. Getting the case shot down is just as fine and possibly better as the greatest threat that Obama probably feels is from national security interests and having the court decide is better than pulling the lawyers off and trying to live with the back lash. While I think that Obama over-estimates the size of the tanker he's trying to steer and turn around, I don't think that there was any urgency for the admin to the substance of the issue at this time.

Why would they appeal this? Don't look at a gift horse in the mouth.