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.

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2 Responses to DOJ Tells Judges to Go Fuck Themselves

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Emptywheel Twitterverse
JimWhiteGNV That Steve King rally in Iowa sure broke a new technology barrier when they broadcast Palin's speech with bad lip reading dub in real time.
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bmaz @MonaHol @KanysLupin @mtracey @MazMHussain Depends on what the definition of "boobs" is. Bill Maher is there all the time.
38mreplyretweetfavorite
JimWhiteGNV Looks like we'll narrowly miss the snow by a little over 600 miles, so I will continue my preparation of the new blueberry bed tomorrow.
40mreplyretweetfavorite
bmaz Crikey, I forgot Colonel Potter played the judge in Inherit the Wind. To Spencer Tracy's Henry Drummond. Awesome stuff.
40mreplyretweetfavorite
emptywheel @ErikLoomis Yeah, note I said for those w/strong backs. 4 years ago, I could do 20. It'd hospitalize me now, I'm pretty sure.
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emptywheel @ErikLoomis 20 is certainly doable, for those with strong backs. So shovel if there's a break, then go back for 10 more.
46mreplyretweetfavorite
emptywheel @ErikLoomis Ask Buffalo how they would have dug out of half of what they got earlier this year?
47mreplyretweetfavorite
bmaz @KanysLupin @MonaHol @mtracey @MazMHussain I don't think Dersh is being "stupid", I think hes fighting back against heinous fucking bullshit
47mreplyretweetfavorite
bmaz @MonaHol @KanysLupin @mtracey @MazMHussain Never doing anything inappropriate. Which is the threshold.
54mreplyretweetfavorite
bmaz @KanysLupin @MonaHol @mtracey @MazMHussain ..any but the most capable of fighting back. And Clinton will have SS logs. This is pure bullshit
55mreplyretweetfavorite
bmaz @KanysLupin @MonaHol @mtracey @MazMHussain Naw, I am just not biting on that shit. Might as well say Doe 3 Will perjure herself against...
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emptywheel @kevinjonheller When I got my dual, I said only office I'd ever run for was MEP from W Ireland district.
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