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 Mondale: Fisc can be a private supreme court for the agencies. http://t.co/a2YdmcjGus
2mreplyretweetfavorite
emptywheel Of course who am I fooling? If DOJ takes out a bank for money laundering for FIFA, it'll be a foreign bank used as an example.
3mreplyretweetfavorite
emptywheel It would be ironic if JPMC got busted for money laundering for FIFA but not for terrorists bc DOJ could tell us abt the former. I'd take it.
5mreplyretweetfavorite
JimWhiteGNV @biasedreporter Yes. Probably not a big deal.
7mreplyretweetfavorite
emptywheel RT @p2wy: My 5 year old has rekindled my love of numismatics. Dug out my old collection and am tempted to take him to a proper coin shop on…
25mreplyretweetfavorite
emptywheel In fact, I would bet a good chunk of change Roving Wiretap provision focused squarely on Tor users generally.
27mreplyretweetfavorite
emptywheel Even the phone dragnet can be used w/Iranian targets. But Section 215 prolly used against hackers as much as terrorists.
29mreplyretweetfavorite
emptywheel @dametzger Bulk IS limited, though they do use it against Iran, as well as terrorist targets.
30mreplyretweetfavorite
emptywheel Here's another error journos are making on 215 reporting. 215 and Roving Wiretaps are NOT limited to terrorism.
33mreplyretweetfavorite
emptywheel @joshgerstein @BuzzFeedBen if legislators do the governing for Congress why not campaign staff the reporting for journos?
38mreplyretweetfavorite
emptywheel "What intelligence goal are they achieving with 817 terabytes of information?" you might ask. http://t.co/mauHajZM1a
40mreplyretweetfavorite
emptywheel Wow. @joshgerstein catches govt arguing "Terabytes for me, but not for thee" over TRAC FOIA. http://t.co/mauHajZM1a
41mreplyretweetfavorite
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