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It's an absurd and astonishing fact about current constitutional law that it still hasn't answered, and can't answer, the most basic questions about privatization.

We know the ratio between American soldiers and American private military contractors in the Iraq war: one to one. We know the Central Intelligence Agency (CIA) used such contractors to interrogate-and in some cases apparently to torture-captives. But thirteen years after Abu Ghraib, we still don't know whether the contractors working there were "state actors."

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