paling around with terrorists; etc. two constitutions

[Volokh, Eugene]

	How about this:  If you opposed American policy, but then
publicly repented, you could still be a good guy, at least at your
funeral.  Even if you were once a traitor (not a terrorist), public
repentance, especially 30+ years ago, makes a big difference. 

	On the other hand, if you were in a conspiracy to bomb places,
aimed at terrorizing the public, and you seem largely unrepentant,
you're not a good guy.  Seems pretty logical to me.

	Eugene

> -----Original Message-----
> From: Paul Finkelman [mailto:pfink at albanylaw.edu] 
> Sent: Sunday, October 12, 2008 5:01 PM
> To: isomin at gmu.edu; Volokh, Eugene
> Cc: CONLAWPROF at lists.ucla.edu
> Subject: Re: RE: paling around with terrorists; etc. two constitutions
> 
> And that is what this is all about, I think.  If you opposed 
> American policy but personally apologized to McCain, then you 
> are good guy; but if you did not you are a "terrorist."  
> Whatever Ayers did nearly 40 years ago hardly makes him a 
> terrorist today, except in the eyes of someone trapped in 
> time who cannot get out of the place he is in.  IN the same 
> way, McCain has made Obama "the enemy" --he will not look him 
> in the eye; refers to him as "that one."  
> 
> As for what Ifshin did, at the time his acts were considered 
> far worse than people like the Weathermen; Ifshin was branded 
> a traitor for his actions; McCain could forgive him only 
> because he recanted. 
> 
> So, McCain used to hang out with a former "traitor" at least 
> in the eyes of McCain at the time; and Obama hangs out with a 
> former "terrorist."
> 
> Paul Finkelman
> President William McKinley Distinguished Professor of Law
>      and Public Policy
> Albany Law School
> 80 New Scotland Avenue
> Albany, New York   12208-3494
> 
> 518-445-3386
> pfink at albanylaw.edu
> >>> Ilya Somin <isomin at gmu.edu> 10/12/08 7:03 PM >>>
> This 1988 column by Bill Buckley discusses how Ifshin changed 
> his mind over time, and repented of his conduct in 1970:
> 
> http://findarticles.com/p/articles/mi_m1282/is_n22_v40/ai_6790822
> 
> And here are some statements by McCain himself about how 
> Ifshin apologized to McCain himself for his earlier conduct:
> 
> http://www.nysun.com/editorials/mccain-and-ifshin/32880/
> 
> Essentially, Ifshin became a mainstream liberal Democrat with 
> a hawkish streak on defense. Even when he was a far left 
> student radical, he didn't resort to violence or terrorism.
> 
> For this and the reasons indicated by Eugene, I don't think 
> Ifshin is comparable to Ayers. Maybe McCain was wrong to 
> forgive him for what he did in Hanoi. People can reasonably 
> disagree over that. But it's not the same kind of issue as 
> association with an unrepentant former terrorist.
> 
> Ilya Somin
> Assistant Professor of Law
> George Mason University School of Law
> 3301 Fairfax Dr.
> Arlington, VA 22201
> ph: 703-993-8069
> fax: 703-993-8202
> e-mail: isomin at gmu.edu
> Website: http://mason.gmu.edu/~isomin/
> SSRN Page: http://ssrn.com/author=333339
> 
> 
>