Dahlia Lithwick warns that the Bush Administration wants to prosecute "thought crimes," VC contributor Orin Kerr is unimpressed.
As to Kerr's blogpost, I don't think Lithwick misrepresents Gonzales' claim (and it is quoted in full in an article she links to in her column). The AG says it's dangerous to make case-by-case evaluations of terrorist groups. Now why would you say that?
We look at the facts in every particular case. And we felt that the combination of the planning and the overt acts taken were sufficient to support this prosecution.''