Democracy & Elections

New York Times Calls Warsame Detention "Extralegal"

Benjamin Wittes
Friday, September 9, 2011, 9:13 AM
Check out this news story on yesterday's court appearance by Ahmed Warsame. I've hammered on the New York Times editorial page for repeatedly--and erroneously--saying that non-criminal detention takes place outside the law.

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Check out this news story on yesterday's court appearance by Ahmed Warsame. I've hammered on the New York Times editorial page for repeatedly--and erroneously--saying that non-criminal detention takes place outside the law. But here the news pages are doing the same thing:
Attention has focused on the two months that the defendant, Ahmed Abdulkadir Warsame, spent in extralegal detention on a United States naval vessel. He was questioned there by military interrogators, who did not issue a Miranda warning (emphasis added).
Look, this isn't a matter of opinion or editorial judgment. It's a simple matter of whether one wishes to give one's readers a reasonably accurate understanding of the laws at issue when one describes a case. The New York Times editorial page does not concede factual errors. The paper's news pages are better than that. Let's see how they handle this one.

Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.

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