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
bmaz @MDAppeal @fedcourts Great judge too. Sadly, the liberal lions Carter appointed to the 9th are on their last legs.
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JimWhiteGNV RT @Sunny_In_Kabul: Why'd US Army classify its @SIGARHQ response? Spoiler: it's not about $$$. http://t.co/f5ysX0Uc3e http://t.co/nLGxTtcay2
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JimWhiteGNV Campbell's not hiding money. He's hiding a disappearing army. http://t.co/7uWO09BcGL via @sunny_in_kabul
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JimWhiteGNV RT @rcooley123: Mississippi Wouldn't Allow This Teacher to Show Kids How to Use a Condom. His Simple Solution Is Brilliant. | http://t.co/
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emptywheel @DevlinBarrett Does that mean they're just going to bury his concerns later, under the weight of others on the board?
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emptywheel RT @DevlinBarrett: JusticeDept Backs Down in Fight With Judge Over Science Evidence - WSJ http://t.co/XNuMHj0aSy
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emptywheel @jesseberney How was it? I suspect that's what I'm going to be told is only thing short of multiple spot surgery soon @Atrios @LisaMcIntire
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bmaz @nicholsong Usually means either that they are difficult to get along with or don't pay.
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emptywheel @davidcnswanson space between words are just same. one space each side. @ncweaver
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bmaz @nicholsong Says they are probably not a good client!
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emptywheel @RachelPerrone Right. She learned 10 years too late to make difference, b4 working way thru local school @ClinicEscort
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