Thanks very much for the invitation to appear. I had a marvelous time!

Those who listen to this broadcast will find it hard to conceive that there's anything that I intended to say that I didn't get said. However, when we finished up, I realized that in the discussion of the Kenneth Foster case, I completely neglected to mention something important:

As I explained on the air, I think that Foster is not remotely the "innocent bystander" described by Rothberg's op-ed in The Nation. I think that death penalty opponents like Rothberg do their cause a disservice by failing to address, forthrightly and honestly, all of the ugly facts about the various capital defendants' cases and their histories.

But I also ultimately came to the conclusion that I disagree with the Fifth Circuit on a small but important technical point, which leads me to also disagree with the Fifth Circuit as to whether Foster should be executed now. I explained why in a long update on my own blog, and won't repeat it all here. But I'm sure my comments on the broadcast left the (false) impression that I agreed fully with the Fifth Circuit and that I think Foster ought to be executed. My disagreement is academic, of course; he almost certainly will be executed before the month is out.