Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), involving detentions at the Guantánamo Bay Naval Station, and in Geren v. Omar & Munaf v. Geren (2008), involving detentions at Camp Cropper in Iraq. Presently he is counsel for Abu Zubaydah, whose interrogation in 2002 prompted the Bush Administration to draft the “torture memos.” In June 2005, at the invitation of Pennsylvania Senator Arlen Specter, Margulies testified at the first Senate Judiciary Committee hearing on detainee issues.

Margulies writes and lectures widely on civil liberties in the wake of September 11 and his commentaries have appeared in numerous publications, including the Washington Post, the Los Angeles Times, the Chicago Tribune, the National Law Journal, the Miami Herald, the Christian Science Monitor, the Virginia Quarterly Review, and the Legal Times. He is also the author of the widely acclaimed book, Guantánamo and the Abuse of Presidential Power (Simon and Schuster 2006). Among other accolades, Guantánamo was named one of the best books of 2006 by The Economist magazine. It received the prestigious Silver Gavel Award of 2007, given annually by the American Bar Association to the book that best promotes “the American public’s understanding of the law and the legal system.” It also won the Scribes Book Award of 2007, given annually by the American Society of Legal Writers to honor “the best work of legal scholarship published during the previous year.” He is also the author of What Changed When Everything Changed: 9/11 and the Making of National Identity (Yale Univ. Press 2013) and has won numerous awards for his work since 9/11.

Columns by Joseph Margulies
Just What’s Wrong With That Slush Fund?

Cornell professor Joseph Margulies examines the Trump administration’s proposed $1.776 billion “victims of lawfare” compensation fund, its likely beneficiaries, and the legal and political opposition it has generated. Professor Margulies argues that while the fund is a corrupt sham designed to enrich Trump allies—including January 6th rioters who were justly prosecuted—the underlying concept of compensating people genuinely wronged by federal power is sound, and the true victims deserving redress are those like unlawfully detained immigrants and targets of vindictive prosecutions.

The Potemkin Process

Cornell professor Joseph Margulies discusses the Cornell University Board of Trustees’ investigation into a 2026 confrontation between President Michael Kotlikoff and student protesters. Professor Margulies contends that the inquiry was a fraudulent “Potemkin process” that lacked true independence by tasking campus police with investigating their own superior, thereby eroding institutional legitimacy through a preordained exoneration.

Why I Write About Guilty People

Cornell professor Joseph Margulies discusses the moral implications of the wrongful conviction movement and contrasts it with his own focus on humanizing those who have been rightfully convicted of serious crimes. Professor Margulies argues that society’s preoccupation with innocence inadvertently reinforces the dehumanization of the guilty, asserting that we must recognize the shared humanity of all incarcerated individuals rather than dismissing them as monsters.

Cast Out

Cornell professor Joseph Margulies discusses the societal tendency toward punitive rigidity in the face of criminal conduct, contrasting our current “unforgiving society” with the need for a more compassionate approach. Professor Margulies argues that by shifting our focus from merely asking what a person did to understanding the complex life circumstances that led to their actions, we can move toward a more humanizing justice system that recognizes the potential for atonement and shared humanity.

Trump Made Minneapolis Inevitable

Cornell professor Joseph Margulies discusses how the Trump administration’s immigration enforcement policies led to violence in Minneapolis, examining the gap between campaign promises to deport violent criminals and the reality of mass deportation tactics targeting peaceful undocumented immigrants in Democratic cities. Professor Margulies argues that the administration’s use of immigration enforcement as political retaliation, combined with performative authoritarian tactics designed to appeal to Trump's base, made the violent clashes and killings by federal agents inevitable.

The Incentive to Murder

Cornell professor Joseph Margulies examines the Trump administration’s policy of conducting lethal maritime strikes on boats suspected of drug smuggling, highlighting the legal and moral implications when survivors are taken into custody. Professor Margulies argues that the administration is circumventing both criminal law and established due process by labeling survivors “enemy combatants,” and that its ultimate incentive is to avoid legal accountability—an incentive that could lead to more killings to eliminate potential witnesses.

The Question We Must Never Ask

Cornell professor Joseph Margulies examines the recent mass stabbing in Michigan by Bradford James Gille and explores the deeper systemic and personal factors behind seemingly random acts of violence. Professor Margulies argues that before society can decide what justice or punishment looks like in such cases, we must first understand the humanity and complex stories behind individuals like Gille, rejecting questions that strip away their personhood.

The Thing Itself

Cornell professor Joseph Margulies explains why he chooses not to follow the daily outrages of the Trump administration, instead focusing on understanding the broader narrative and underlying forces that explain our current political moment, including economic shifts, demographic changes, and the decline of white hegemony. Professor Margulies points out that, for him, obsessing over individual scandals and daily news is less important than crafting a comprehensive meta-narrative that explains the complex, interconnected factors driving Trumpism and American politics, even though this task is extraordinarily difficult and remains incomplete.

“Auschwitz was my greatest classroom.” –Dr. Edith Eva Eger

Cornell professor Joseph Margulies explores the idea that profound suffering, such as that experienced in Auschwitz or in high-security prisons, can serve as a powerful catalyst for personal growth and the realization of human potential. Professor Margulies reflects on Dr. Edith Eger’s belief that suffering can be a “greatest classroom,” concluding that while suffering alone does not guarantee human flourishing, it is the presence of unconditional love and support in response to suffering that enables individuals to achieve their fullest selves.

Stephen, Go to Prison

Cornell professor Joseph Margulies critiques Stephen Miller’s advocacy for reopening Alcatraz as a symbolic place to isolate and permanently segregate violent offenders, using it as a lens to explore broader societal misconceptions about criminality and rehabilitation. Professor Margulies argues that Miller’s perspective is rooted in ignorance and fear, and counters it by emphasizing the real and transformative possibility of redemption among incarcerated individuals—something Miller could only understand by engaging directly with the prison population.

Guantanamo and the Performative President

Cornell professor Joseph Margulies discusses President Donald Trump’s attempt to use Guantanamo Bay as a detention facility for migrants, highlighting the legal and logistical obstacles that make such plan infeasible. Professor Margulies argues that Trump’s real goal has never been about policy implementation but rather about shaping public perception—using Guantanamo as a symbol to dehumanize immigrants and redefine the national identity around exclusion.

No Regrets

Cornell professor Joseph Margulies discusses his book project about society’s tendency to ostracize wrongdoers and explores the complex role of remorse in how society judges and responds to those who have committed serious transgressions. Professor Margulies grapples with a particular challenge in his research—how to address cases where individuals who have committed wrongful acts feel no remorse for their actions, using examples like January 6 rioters and abortion providers in different states—and invites such individuals to share their perspectives.

Prison Culture and the Murder of Robert Brooks

Cornell professor Joseph Margulies examines the systemic culture of brutality, secrecy, and dehumanization within the Marcy Correctional Facility, as exposed by the murder of Robert Brooks by correctional officers and the indifference of bystanders. Professor Margulies argues that such a culture is sustained by unwritten norms—normalization of violence, secrecy, silence, impunity, and dehumanization—which reflect deep failures of leadership, training, and accountability, calling for systemic reform to prevent future atrocities.

Let Judgment Wait

Cornell professor Joseph Margulies discusses a writing exercise created by award-winning writer and teacher Rachel Kadish that asks students to write from the perspective of someone expressing views they find abhorrent, connecting this practice to broader issues of societal division and empathy. Professor Margulies argues that consciously attempting to understand others’ perspectives and behaviors before passing judgment—even when their actions are deplorable—is essential for reducing social polarization and recognizing our shared humanity.

How to Promote Unthinking Animosity

Cornell professor Joseph Margulies analyzes a statement by Senator Ron Wyden criticizing Trump’s Treasury Secretary nominee Scott Bessent, using it as a case study to examine modern political discourse. Professor Margulies argues that instead of engaging in substantive policy discussions about important economic issues like tariffs and deportation, political figures and media often resort to simplistic character attacks and inflammatory rhetoric, contributing to a culture of unthinking political animosity.

Let’s Talk

Cornell professor Joseph Margulies discusses his growing alienation from American society due to its increasing cultural fixation on blame, ostracism, and divisive binary thinking, particularly in politics and public discourse. Professor Margulies argues for rejecting this culture of “othering” and demonization, instead advocating for thoughtful dialogue across ideological differences, even while holding and expressing strong opinions on controversial issues like capital punishment and Guantanamo Bay.

What Is This Thing, Unity? Part II

Cornell professor Joseph Margulies discusses the recent political developments in the United States, contrasting the Democratic Party’s rapid unity behind Kamala Harris with Donald Trump’s divisive rhetoric, and explores the implications of these different approaches for democracy. Professor Margulies argues that while short-term political unity can be beneficial in times of crisis, a healthy democracy should welcome policy disagreements without resorting to personal attacks, emphasizing the importance of focusing on issues rather than character judgments in political discourse.

“Please Don’t Hurt Me”

Cornell professor Joseph Margulies reflects on the bodycam footage of the fatal shooting of Sonya Massey by Sangamon County Sheriff’s Officer Sean Grayson, detailing the events that led to the tragic incident. Professor Margulies observes that Officer Grayson’s actions were unnecessary and excessive, arguing that the officer had multiple opportunities to peacefully resolve the situation but instead escalated it to a tragic conclusion.

What Is This Thing, Unity? Part I

Cornell professor Joseph Margulies examines the concept of national unity, its meaning, and its implications in the context of recent calls for unity following tragic events. Professor Margulies argues that while unity on broad goals may be achievable, disagreement on means to achieve those goals is not only inevitable but also a healthy feature of democracy, challenging the notion that unity is always desirable or attainable in a diverse society.

What Does It Mean to Reject Demonization?

Cornell professor Joseph Margulies discusses the concept of demonization in society, particularly in light of a recent attempted assassination of former President Donald Trump. Professor Margulies argues that rejecting demonization requires more than just avoiding certain language; it demands recognizing our own capacity for evil, abandoning the notion that eliminating a single person or group will solve all problems, and ultimately accepting that there is no “them,” only “us.”