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FROM THIS EPISODE

Should terrorist suspects be tried in civilian courts or military tribunals? Should Justice Department lawyers be judged for the clients they represented in the past? Those questions are roiling political Washington today. We hear why. Also, Did Israel intentionally try to insult the US? On Reporter's Notebook,US Chief Justice John Roberts complains that President Obama's State of the Union Address turned a joint session of Congress into "a political pep rally."

Banner image: Courtroom drawing of Khalid Sheikh Mohammed (C), alleged mastermind of the September 11 attacks, and co-defendant Walid Bin Attash (L) attending a pre-trial session December 8, 2008 in Guantánamo Bay, Cuba. Sketch: Janet Hamlin-Pool/Getty Images

Producers:
Gary Scott
Katie Cooper
Darrell Satzman

Main Topic Is the Obama Administration Tough on Terror...or Not? 36 MIN, 40 SEC

Republicans are up in arms because Attorney General Eric Holder wants Khalid Sheikh Mohammed tried in a civilian court. Will the White House move the case to a military tribunal? Will that help close Guantánamo Bay? The opposition's divided over another charge: that Holder's Department of Justice has become "in-house counsel to al-Qaida." What does that have to do with the standards of the legal profession — and Dick Cheney's daughter, Liz?

Guests:
Charlie Savage, New York Times (@charlie_savage)
David Cole, Georgetown University Law School (@DavidColeGtown)
Noel Francisco, former Deputy Assistant Attorney General, DOJ’s Office of Legal Counsel
Brad Berenson, Former Associate White House Counsel to President Bush

The Torture Memos

David Cole

Reporter's Notebook President Obama and Chief Justice Roberts Take Their Feud Public 6 MIN, 26 SEC

During his State of the Union address, President Obama had harsh words for the US Supreme Court, for its decision that corporations' free speech rights allow them to contribute to political campaigns without limitation. As Democrats cheered, Justice Samuel Alito shook his head and mouthed, "That's wrong." But yesterday, Chief Justice John Roberts told law students in Alabama that the joint session of Congress had "degenerated into a political pep rally." Robert Barnes reports for the Washington Post.

Guests:
Robert Barnes, Washington Post (@scotusreporter )

Making News Did Israel Intentionally Try to Insult the US? 7 MIN, 30 SEC

On Vice President Biden's first day of a five-day Middle East visit, the government of Israel announced construction of 1600 new homes in disputed East Jerusalem. Was it a deliberate slap at the Obama Administration? Bradley Burston is a columnist and senior editor at Ha'aretz, a left-leaning Israeli newspaper.

Guests:
Bradley Burston, Ha'aretz (@bradleyburston)

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