Gove has become an under-the-wire dictator seeking to avoid due process.
There is an echo here of how the Court dealt a few years ago in the Skilling case with "honest services" for mail and wire fraud (which, after all, is where the misappropriation theory came from), narrowing what constitutes the necessary form of deception in relational settings in order to avoid due process and vagueness concerns.
She told us she was not aware of any specific programs to train staff to avoid due legal process, noting that Jacobs "walked back a lot of those statements under oath".
Hockman made the telling point that the frustration that successive home secretaries have felt as their attempts to detain terror suspects were overturned by the courts might have been avoided if due process had been followed.
In none of the cases cited did we ever suggest that the government could avoid the Due Process Clause by doing what Section 1226(c) does, by selecting a class of people for confinement on a categorical basis and denying members of that class any chance to dispute the necessity of putting them away.
The Bush administration -- which housed the suspected terrorists at Guantanamo in order to avoid the due process required under the U.S. criminal justice system, as well as the Geneva conventions' prohibitions on torture -- adamantly opposed the idea of trying them in U.S. courts.
Moreover, when bottlenecks are avoided due to load-balancing, the re-routing process may also introduce a slight delay.
"Unless you believe there is a global conspiracy to render Assange to the United States all of these tactics seem to be just a way of avoiding facing the due process of law," human rights and civil liberties lawyer Adam Wagner told Reuters.
Two months later, the Supreme Court issued a unanimous opinion, written by Justice Sandra Day O'Connor, affirming Stumpf's conviction while avoiding the due-process question.
By dispensing with concerns about due process, he avoids a more traditional war that he fears could lead to American boots on the ground.
