DOJ Tells Judges to Go Fuck Themselves

I wonder how Article III is going to feel about this claim, in DOJ’s white paper on targeted killing?

Finally, the Department notes that under the circumstances described in this paper, there exists no appropriate judicial forum to evaluate these constitutional considerations. It is well established that “[m]atters intimately related to foreign policy and national security are rarely proper subjects for judicial intervention,” Haig v. Agee, 453 US 280, 292 (1981), because such matters “frequently turn on standards that defy the judicial application,” or “involve the exercise of a discretion demonstrably committed to the executive or legislature,” Baker v. Carr, 369 US 186, 211 (1962). Were a court to intervene here, it might be required inappropriately to issue an ex ante commend to the President and officials responsible for operations with respect to their specific tactical judgment to mount a potential lethal operation against a senior operational leader of al-Qa’ida or its associated forces. And judicial enforcement of such orders would require the Court to supervise inherently predictive judgments by the President and his national security advisors as to when and how to use force against a member of an enemy force against which Congress has authorized the use of force.

Using this logic, the government can just define all of us imminent threats, and be able to execute us without any review by a court.

And remember — while the document pretends that Congress has been involved here, it refuses (still!) to show Congress the real authorization it used. So it is basically saying Fuck You to courts in the white paper, and Fuck you to Congress by releasing it.

I can see now why Ron Wyden included this in his letter to Obama today:

In your speech at the National Archives in May 2009, you stated that “Whenever we cannot release certain information to the public for valid national security reasons, I will insist that there is oversight of my actions — by Congress or by the courts.” We applaud this principled commitment to the Constitutional system of checks and balances, and hope that you will help us obtain the documents that we need to conduct the oversight that you have called for. The executive branch’s cooperation on this matter will help avoid an unnecessary confrontation that could affect the Senate’s consideration of nominees for national security positions.

Obama once believed — or purported to believe — in courts and Congress. Apparently not anymore.

Tweet about this on Twitter0Share on Reddit0Share on Facebook0Google+2Email to someone

2 Responses to DOJ Tells Judges to Go Fuck Themselves

  • 1
  • 2
Emptywheel Twitterverse
JimWhiteGNV I wonder if they have considered electrifying the White House fence.
36sreplyretweetfavorite
emptywheel White House fence jumper story would be more Hollywoodesque if Bo and Sunny took down the intruder.
5mreplyretweetfavorite
emptywheel @drgrist Does missile defense count?
7mreplyretweetfavorite
bmaz @MasaccioFDL Well, I been in the box a few times. Got laughed out every time. Couple times was w/judge I knew who was cackling at me too.
12mreplyretweetfavorite
emptywheel @dangillmor Mexicans might sneak Ebola infected ISIL members across the northern border, you know.
13mreplyretweetfavorite
emptywheel "People who've not read NSA doc in 9 months haven't been effective at rebutting CitizenFour," as if someone said, "let's get former intern"
26mreplyretweetfavorite
emptywheel When contractors who've been gone from NSA for 14 years write pieces as if they're still there and NSA promotes it, you gotta wonder...
30mreplyretweetfavorite
emptywheel @granick Actually we also have docs to prove that that were officially released. Even training docs! @daveaitel @headhntr
56mreplyretweetfavorite
emptywheel @csoghoian But that's when NSA submitted outdated docs from to hide what they were doing from FISC in 2007. @daveaitel
58mreplyretweetfavorite
emptywheel RT @csoghoian: The last time @daveaitel worked at NSA, Bill Clinton was President. He can't "debunk" anything re: NSA's internet surveillan…
58mreplyretweetfavorite
emptywheel So should I debunk that Business Insider piece or point out why USAT on USAF is wrong? #NSAFactCheck
1hreplyretweetfavorite
emptywheel @onekade They play an important legal role--been half-assed wanting to chase this down for a while. And now, VIOLA!
1hreplyretweetfavorite
February 2013
S M T W T F S
« Jan   Mar »
 12
3456789
10111213141516
17181920212223
2425262728