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February 05, 2013



Boasberg may be seen as soft on anarchism, but I think he showed admirable caution.

Indeed, it might've been tempting (for anyone who has read the Washington Post's coverage) to simply rule that any reasonable officer must necessarily have known that the materials were expressive conduct; even a sleeping bag helped make Occupy make its point. That could justify a ruling *against* immunity, even before any particular officer is identified.

Boasberg has pro-government cred already. He ruled for national-security withholding of the photo documentation of Osama bin Laden's death.

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