Entries by emptywheel

Of Course the Intelligence Authorization Would Have a Signing Statement

Because that’s just how these carefully crafted bills are treated by Presidents guarding their Executive Power. DDay pointed me to the signing statement that Obama issued in conjunction with the new Intelligence Authorization. There are three key points, IMO. Presidents still control all the secrets One thing Obama does is reaffirm the President’s right to […]

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Kaplan’s Decision Not Just about Coercion of Ghailani, but Also of Abebe

The usual suspects are out wailing that Judge Lewis Kaplan’s order, excluding the testimony of Hussein Abebe from Ahmed Ghailani’s trial, proves civilian courts don’t work for terrorism. Glenn rounds up more of the whiners and notes that you really can’t complain about Kaplan’s decision and still claim to believe in rule of law. I […]

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Woodward’s Secrets

Jeebus: Goldsmith may be getting a hang of this blogging thing, but I’m not: John Rizzo, not John Brennan. So the stuff I originally said about Brennan doesn’t make any sense. I may not always agree with Jack Goldsmith, but he’s getting a hang of this blogging thing. Today, he posts the answer John Brennan […]

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The Compromise Intelligence Authorization

As DDay noted, it looks like we’ll finally have an intelligence authorization bill. The bill is a partial win for Speaker Pelosi, as it makes full briefing to the Intelligence Committees within six months of the start of a program the default (though the Administration can still avoid doing so if it provides written rationale). […]

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By October 24, 2001, They Decided They Could Detain Prisoners as Long as the Afghan War Continued

The reporting on the latest torture documents released in Binyam Mohamed’s suit in the UK is damning enough (Beeb, Guardian). They show the highest levels of the British government–up to and including Tony Blair–were getting warnings that Americans were using torture within six months of 9/11. Yet they placed those warnings aside so they could […]

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Obama Has Made Civil Liberties AND Foreclosures Worse

Greg Sargent and Steve Benen have interesting taxonomies of the Democrats who should buck up and clap louder. I think both bring some needed nuance to the discussion. As part of that, both include some kind of category of lefties who oppose Obama to defend important principles. Sargent doesn’t limit that category to any one […]

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Obama’s Still Obfuscating about Domestic Surveillance

Adam Serwer does a pretty thorough job debunking Obama’s lame effort to defend his civil liberties record. When people start being concerned about, “You haven’t closed Guantánamo yet,” I say, listen, that’s something I wanted to get done by now, and I haven’t gotten done because of recalcitrance from the other side. Frankly, it’s an […]

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A Defense of Tyranny?

I’m pretty fascinated by this attempt by one of John Cole’s readers to defend the Administration’s stance on assassinating US citizens. It’s fascinating and not a little disturbing, but it deserves a response, if only to clarify precisely what the problem with the Administration’s filing last Friday is. The reader starts with this: On Al-Awlaki, […]

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This Raid on Peace Activists Brought to You By Elena Kagan

This article not only describes the hundreds of people who protested FBI raids of peace activists last week, but it provides more detail on what the FBI was looking for. Agents were seeking “evidence relating to activities concerning the material support of terrorism,” the FBI said. Chicago FBI spokesman Ross Rice declined on Monday to […]

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