The reality of American prisons, this argument runs, has nothing to do with the knots of procedural justice or the perversions of Enlightenment-era ideals.

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In January, the Justice Department argued the case should be dismissed on procedural grounds.

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This emphasis, Stuntz thinks, has led to the current mess, where accused criminals get laboriously articulated protection against procedural errors and no protection at all against outrageous and obvious violations of simple justice.

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Its first stop would be the Justice Committee, where it could get mired in all sorts of procedural issues, including the admissibility of the main evidence against Mrs Arroyo: purported recordings of her telephone conversations, made without her knowledge or consent.

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