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
bmaz RT @normative: The "if we'd had it on 9/11" argument for bulk collection may be the most offensive. You really have to assume people are st…
13mreplyretweetfavorite
bmaz None whatsoever. Politico too quite clearly RT @armandodkos No denying NYT is open war with Hillary Clinton right?
36mreplyretweetfavorite
bmaz @BernardKingIII There is SOOOOO much more involved in this than petty little Elon Musk's craven desire for unfair advantage.
39mreplyretweetfavorite
bmaz @BernardKingIII Also, local auto dealerships, both through sales+advertising are arguably leading driver of local economies.
39mreplyretweetfavorite
bmaz @BernardKingIII Benefits actual customers who have factory parts+service available in their region/territory. That one of original purposes
40mreplyretweetfavorite
bmaz RT @emptywheel: Everyone should take this test. As someone who has taught The Trial and knows a bit abt FISC I did horribly. http://t.co/Sn
43mreplyretweetfavorite
bmaz @emptywheel I got only seven, but I think one of the explanations is not necessarily right, so counting as eight.
43mreplyretweetfavorite
JimWhiteGNV Getting excited. Headed to San Diego Monday to spend a week as a meeting spouse. Been 19 years since I was there. Food recs needed.
45mreplyretweetfavorite
bmaz RT @emptywheel: Implicit in Burr's expansion plan is House leaders would pull a fast one during "recess" to extend PATRIOT UNTIL June 1 (or…
46mreplyretweetfavorite
bmaz @OKnox @armandodkos @anitakumar01 You don't understand, this time it will be turned up to ELEVEN https://t.co/AHcV2ki3FK
48mreplyretweetfavorite
bmaz What is the surveillance reform debate really about? Overview: https://t.co/9P0mRNKFdp Detailed specifics: https://t.co/jIUVbvBXwV
51mreplyretweetfavorite
bmaz Yesterday Lynch was lying, directly contrary to her own IG's exhaustive report, about the program's efficacy https://t.co/5HpBn5oyeT
57mreplyretweetfavorite
February 2013
S M T W T F S
« Jan   Mar »
 12
3456789
10111213141516
17181920212223
2425262728