The Other Scott Horton (no relation), international human rights lawyer, professor and contributing editor at Harper’s magazine, discusses the provisions within the National Defense Authorization Act allowing Americans to be detained by the military indefinitely, without trial; how democratic societies are destroyed by supposedly temporary or emergency “exceptions” to the rule of law; Congress’s tough-guy push for a militarized criminal justice system, even though the military opposes the idea and existing federal courts are perfectly capable of handling the work load; how the Bush administration successfully used civilian courts to prosecute and convict terrorists; and how DC Circuit Courts have neutered SCOTUS rulings on habeas corpus protections.

MP3 here. (22:16)

The other Scott Horton is a Contributing Editor for Harper’s magazine where he writes the No Comment blog. A New York attorney known for his work in emerging markets and international law, especially human rights law and the law of armed conflict, Horton lectures at Columbia Law School. A life-long human rights advocate, Scott served as counsel to Andrei Sakharov and Elena Bonner, among other activists in the former Soviet Union.

He is a co-founder of the American University in Central Asia, and has been involved in some of the most significant foreign investment projects in the Central Eurasian region. Scott recently led a number of studies of abuse issues associated with the conduct of the war on terror for the New York City Bar Association, where he has chaired several committees, including, most recently, the Committee on International Law. He is also a member of the board of the National Institute of Military Justice, the Andrei Sakharov Foundation, the EurasiaGroup and the American Branch of the International Law Association.