Entries by emptywheel

Ayotte’s Pro-Torture Amendment Referred to Conference

Update: Adam Serwer informs me that I misunderstood what happened in the colloquy where this was discussed. Ayotte’s pro-torture amendment was withdrawn. I apologize for my error. As Jeff Kaye laid out here, Kelly Ayotte submitted an amendment to the Defense Authorization that would override Obama’s Executive Order eliminating torture (the language of the amendment […]

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Efforts to Combat Levin-McCain Don’t Do Anything to Prohibit Indefinite Detention of Americans

When he gets defensive, Carl Levin can be tremendously cantankerous (sometimes that’s a good thing, but not when he’s pushing terrible law like the detainee provisions in the Defense Authorization). That cantankerous Carl Levin of late started repeatedly invoking Hamdi in response to claims the Levin-McCain language newly subjects American citizens to indefinite detention. Now, […]

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Ahmed Abdulkadir Warsame and the Paper Trail Preventing Floating Ghost Prisons

Given the defeat of the Udall Amendment, it looks likely the Defense Authorization will include provisions mandating military detention for most accused terrorists (though the Administration has already doubled down on their veto threat). So I’d like to look at an aspect of the existing detainee provision language that has gotten little notice: the way […]

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Give Them a Damn Ticker Tape Parade Already

“Who will be the last senator to not want to end a mistake? Me.” – John Kerry That’s the way MightyOCD interpreted John Kerry’s vote–along with 66 of his colleagues–not to repeal the Iraq war that is ending whether they like it or not next month. The vote was on a Rand Paul amendment to […]

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Udall Amendment Fails 37-61

In the battle of two wrong sides, the Democrats lost, with the Udall Amendment failing 37-61. The vote is interesting, first of all, as a read of Obama’s ability to sustain a veto. Right now, the militarists do not have a two-thirds majority to override. Also of interest are some of the Democrats voting against […]

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Bachmann Was Almost Right: The ACLU Is in Cahoots with the CIA

As I have puzzled over the civil liberties and human rights communities’ stance on the NDAA Detainee Provisions, I’ve come to the unfortunate conclusion that Michelle Bachmann was not far off when she claimed, “Barack Obama … has essentially handed over our interrogation of terrorists to the ACLU. He has outsourced it to them.” After […]

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Mark Udall’s Unsatisfactory Solution to the Detainee Provisions

As I have repeatedly described, I have very mixed feelings about the debate over Detainee Provisions set to pass the Senate tonight or tomorrow. I view it as a fight between advocates of martial law and advocates of relatively unchecked Presidential power. And as I’ve pointed out, the SASC compromise language actually limits Presidential power […]

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Jed Rakoff to SEC: Do you think I’m a tool?

Judge Jed Rakoff has rejected the SEC’s proposed wrist slap of Citibank for selling mortgage-backed securities it knew to be of poor qualify. Effectively, what he did was join this complaint with SEC’s complaint–filed at the same time as they filed the proposed Citi settlement–against a Citi employee, Brian Stoker, in which the SEC explicitly […]

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The Lessons of Iran-Contra 2.0

In “honor” of the 25th Anniversary of the press conference admitting to Iran-Contra on Friday, National Security Archive liberated memos an aide to Special Prosecutor Lawrence Walsh, Christian Mixter, wrote assessing the criminal liability of Reagan and Poppy Bush. The report found that a loophole Ed Meese suggested–basically using National Security Act to trump the […]

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