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A lot of American "progressives" have a weird idea that things are supposed to be fair instead of being determined by power.
Of course, Greenwald is a right wing hack in disguise so his argument is probably not even sincere.
The Obama administration is interested in high probability outcomes, not high stakes gambling against the odds. What amazes me about US progressives is that, unable to win political control of a single US city, represented in the Senate by one not particularly radical "socialist" from an all white rural mini-state, and unable to bring people out into the streets, they are nevertheless aggrieved that a US administration that they didn't support does not repeatedly risk all to follow their political ideas. Actually the political impotence and the grandiose demands are clearly related.
As for Greenwald, he's a libertarian and his writing is full of dishonest rhetorical tricks. For example, today he's bitching about how the arrest of Karadzic shows the killing of Bin Ladin to be unnecessary as if there had not been a significant military operation in Bosnia and Serbia that deprived Karazic of his ability to run a military force.
In general, Greenwald's ideas on courts and laws are typical libertarian process worship and violence whitewash.
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