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 @hannahgais Politico should never make fun of @BuzzFeed again after this spurious bunk. Ever. cc: @dcbigjohn @AdamSerwer
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bmaz @hannahgais Right. But @Politico does not get enough?? It is not exactly a wanton little blog.
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bmaz @hannahgais ".....that was going on over a year ago"
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bmaz It was a repeat tonight, but Person of Interest is simply killer television. Great characters, great story arcs, great TV.
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bmaz If you think Anatoly Kucherena, who is pitching a book from Russia, is feeding you new news on Snowden and his status, you might be an idiot
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bmaz Seriously, how many journalists are going to glom on to @Politico idiotic "BREAKING" year old Snowden bullshit? @TPM http://t.co/Ek7Nvr2jQA
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bmaz RT @ProjRightSide: BREAKING: 250 #Republicans, #conservatives, & #Independents join Gen. Stanely McChrystal supporting freedom to marry. ht…
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bmaz @GoodWifeWriters Just rewatched your last episode. Not as compelling as I had hoped for. Look forward to the next one!
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bmaz @sbagen @jadler1969 @rortybomb @onceuponA Thats where Ive always drawn my line. Even if grant stage1, just cannot get past stage2. Finis!
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bmaz @sbagen @jadler1969 @rortybomb @onceuponA Agreed, though that is a LOT closer call given SCOTUS makeup. But how the heck get past stage 2??
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bmaz @ajbrownies Bye Angela
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January 2013
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