Judge Invokes Alice in Wonderland in Denying NYT and ACLU Targeted Killing FOIAs

“YOU’D better not talk!’ said Five. ‘I heard the Queen say only yesterday you deserved to be beheaded!’

‘What for?’ said the one who had spoken first.

‘That’s none of YOUR business, Two!’ said Seven.

[snip]

‘And who are THESE?’ said the Queen, pointing to the three gardeners who were lying round the rosetree; for, you see, as they were lying on their faces, and the pattern on their backs was the same as the rest of the pack, she could not tell whether they were gardeners, or soldiers, or courtiers, or three of her own children.

‘How should I know?’ said Alice, surprised at her own courage. ‘It’s no business of MINE.’

The Queen turned crimson with fury, and, after glaring at her for a moment like a wild beast, screamed ‘Off with her head! Off—’

Alice in Wonderland

 

The Alice-in-Wonderland nature of this pronouncement is not lost on me; but after careful consideration, I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules–a veritable Catch-22. I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping reasons for their conclusion a secret.

Judge Colleen McMahon’s decision denying ACLU and NYT FOIA for targeted killing rationale NYT already published and government repeatedly discussed

 

 

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5 Responses to Judge Invokes Alice in Wonderland in Denying NYT and ACLU Targeted Killing FOIAs

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Emptywheel Twitterverse
emptywheel "Weirdly, GCHQ website no longer seems to support the use of https:// SSL / TLS encryption at all," https://t.co/vggju6F7ZA cc: @csoghoian
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bmaz RT @Trialinsider: #SFPD officer in fed corruption plea deal to testify against 2 other officers. Stole money, drugs from suspects. http:/…
16mreplyretweetfavorite
bmaz @espinsegall @chrisgeidner @AppellateDaily @EQCF Jeebus, no kidding. Also citing Alito's dissent as affirmative authority is....bizarre
32mreplyretweetfavorite
JimWhiteGNV That moment when a subtweet surprises, revealing a rivalry previously unrecognized.
36mreplyretweetfavorite
emptywheel @truthprevails89 We've always agreed abt the privatization of NSA. We used to beat up on Booz Mike McConnell too @GrayConnolly @20committee
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emptywheel @gtlabsrat You know me better than that! I don't run unless being chase or chasing. Just wanted to make sure you weren't in town w/o visit.
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emptywheel @gtlabsrat You weren't in Grand Rapids, were you?
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JimWhiteGNV RT @TimothyS: Public service is not about money. We should draw a red line beyond which nothing is privatized. This is possible. @emptywhee
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JimWhiteGNV RT @Krhawkins5: 3. The @CIA goes into full irony-is-dead mode and accuses Senate staff of conducting "inquisition." What, they used the wat…
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emptywheel @AnonymousESQFL Worse though: I have a PhD. @TorEkelandPC
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JimWhiteGNV RT @ElSnarkistani: .@jaylyall_red5 Somewhere @DanaRohrabacher is prepping for a Northern Alliance rodeo.
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