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THE CHALLENGE

HAMDAN V. RUMSFELD AND THE FIGHT OVER PRESIDENTIAL POWER

Though sometimes bogged down in legal minutia, quite understandably, Mahler’s fluent account of events is essential reading...

Near-exhaustive account of what some Supreme Court watchers consider “the most important decision on presidential power ever.”

Three days after 9/11, George Bush set in motion a program to try suspected terrorists as war criminals, not civilians, through military tribunals. The tribunals would be convened abroad, not just for security reasons but also to keep strict control over what information could leave the courtroom. An air base in Germany was considered and rejected, lest the Germans “try to exert a degree of authority over the facility,” as New York Times Magazine contributor Mahler (Ladies and Gentlemen, the Bronx Is Burning, 2005) notes. The Marshall Islands and other Pacific outposts lacked sufficient infrastructure. But Guantánamo Bay served well—it was remote from the press, yet accessible to the mainland. Up early for trial was a Yemeni jihadist named Salim Hamdan, initially recruited to go to Tajikistan and join an Islamic insurgency against the Russian-backed government. Instead, he fell in with Osama bin Laden in Afghanistan and worked as his bodyguard and driver. Captured in the American invasion, Hamdan was transferred to Cuba in December 2003. He made an ideal, low-hanging-fruit kind of defendant, since, among other things, he hadn’t been rendered to a third country for interrogation, “which would open the door for his defense attorney to raise questions about his treatment.” His defense attorney was a troubled naval officer who both belonged to the ACLU and recognized that he was committing career suicide, and who drew on a wide network of legal allies to press a constitutional case that argued, at its basis, that the president was overstepping the bounds of his authority. The argument made for strange allies (Ken Starr, anyone?) and an impressive array of foes, but it worked, convincing even a conservative Supreme Court. Naturally, the military and administration are working to get around the Court’s decision, but for a brief moment, Mahler concludes, “the system worked.”

Though sometimes bogged down in legal minutia, quite understandably, Mahler’s fluent account of events is essential reading for students of constitutional law—and anyone concerned with civil rights.

Pub Date: Aug. 13, 2008

ISBN: 978-0-374-22320-5

Page Count: 368

Publisher: Farrar, Straus and Giroux

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: June 15, 2008

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KILLERS OF THE FLOWER MOON

THE OSAGE MURDERS AND THE BIRTH OF THE FBI

Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.

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Greed, depravity, and serial murder in 1920s Oklahoma.

During that time, enrolled members of the Osage Indian nation were among the wealthiest people per capita in the world. The rich oil fields beneath their reservation brought millions of dollars into the tribe annually, distributed to tribal members holding "headrights" that could not be bought or sold but only inherited. This vast wealth attracted the attention of unscrupulous whites who found ways to divert it to themselves by marrying Osage women or by having Osage declared legally incompetent so the whites could fleece them through the administration of their estates. For some, however, these deceptive tactics were not enough, and a plague of violent death—by shooting, poison, orchestrated automobile accident, and bombing—began to decimate the Osage in what they came to call the "Reign of Terror." Corrupt and incompetent law enforcement and judicial systems ensured that the perpetrators were never found or punished until the young J. Edgar Hoover saw cracking these cases as a means of burnishing the reputation of the newly professionalized FBI. Bestselling New Yorkerstaff writer Grann (The Devil and Sherlock Holmes: Tales of Murder, Madness, and Obsession, 2010, etc.) follows Special Agent Tom White and his assistants as they track the killers of one extended Osage family through a closed local culture of greed, bigotry, and lies in pursuit of protection for the survivors and justice for the dead. But he doesn't stop there; relying almost entirely on primary and unpublished sources, the author goes on to expose a web of conspiracy and corruption that extended far wider than even the FBI ever suspected. This page-turner surges forward with the pacing of a true-crime thriller, elevated by Grann's crisp and evocative prose and enhanced by dozens of period photographs.

Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.

Pub Date: April 18, 2017

ISBN: 978-0-385-53424-6

Page Count: 352

Publisher: Doubleday

Review Posted Online: Feb. 1, 2017

Kirkus Reviews Issue: Feb. 15, 2017

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A PEOPLE'S HISTORY OF THE UNITED STATES

For Howard Zinn, long-time civil rights and anti-war activist, history and ideology have a lot in common. Since he thinks that everything is in someone's interest, the historian—Zinn posits—has to figure out whose interests he or she is defining/defending/reconstructing (hence one of his previous books, The Politics of History). Zinn has no doubts about where he stands in this "people's history": "it is a history disrespectful of governments and respectful of people's movements of resistance." So what we get here, instead of the usual survey of wars, presidents, and institutions, is a survey of the usual rebellions, strikes, and protest movements. Zinn starts out by depicting the arrival of Columbus in North America from the standpoint of the Indians (which amounts to their standpoint as constructed from the observations of the Europeans); and, after easily establishing the cultural disharmony that ensued, he goes on to the importation of slaves into the colonies. Add the laborers and indentured servants that followed, plus women and later immigrants, and you have Zinn's amorphous constituency. To hear Zinn tell it, all anyone did in America at any time was to oppress or be oppressed; and so he obscures as much as his hated mainstream historical foes do—only in Zinn's case there is that absurd presumption that virtually everything that came to pass was the work of ruling-class planning: this amounts to one great indictment for conspiracy. Despite surface similarities, this is not a social history, since we get no sense of the fabric of life. Instead of negating the one-sided histories he detests, Zinn has merely reversed the image; the distortion remains.

Pub Date: Jan. 1, 1979

ISBN: 0061965588

Page Count: 772

Publisher: Harper & Row

Review Posted Online: May 26, 2012

Kirkus Reviews Issue: Jan. 1, 1979

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