Entries by emptywheel

Amy Klobuchar Shreds Coburn’s “Concept of Freedom”

Senator Coburn spent about 20 straight minutes today whining to Elena Kagan about how much less freedom we have today than we did 30 years ago. Which Amy Klobuchar promptly shredded–by far the highlight of today’s hearing. As she points out, back in Coburn’s idyllic free time, women were not represented on the Supreme Court–and […]

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Waterboarding Is Only Torture If John McCain Says So

Time for another blogger ethics panel. Or maybe just a bloggers’ style guide, one that states unequivocally that waterboarding is torture. Because–as Glenn reported earlier–the dead tree press only calls waterboarding torture when others do it. And they stopped referring to it as torture as soon as it became clear it had become US policy. […]

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Elena Kagan on Illegal Wiretapping

From Elena Kagan’s first comments about Cheney’s illegal wiretapping program yesterday (at 2:10), it sounds almost like she’d vote for rule of law in the al-Haramain case (though the case is probably in the gray area of cases on which she should recuse herself). DiFi: And we have just had a case. It came–by a […]

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DOJ Blows Smoke on Timing of Russian Spy Bust

Earlier Tuesday, I did a post aiming to understand the timing of Monday’s bust of 11 alleged Russian spies. Later in the day, Mark Hosenball did a post–heavily reliant on DOJ press spokesperson Dean Boyd–that doesn’t make any sense. First, Boyd states on the record that the reason DOJ had to move now on the busts […]

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Does Kagan Think the 2001 Afghan AUMF Authorized Iraq?

I’m going to assume that this was just a misstatement on Elena Kagan’s part, but it’s one that I hope she corrects before her confirmation hearings are done. In response to a question from DiFi, Kagan suggested that SCOTUS’ decision in the Hamdi case–which relied on the 2001 Authorization to Use Military Force passed after […]

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Why Roll Up the Russian Spy Network Now?

As a number of you have commented, DOJ announced the arrest of 10 alleged Russian spies yesterday (with one person, based in another country, remaining at large). The alleged spies are basically people living under false identities tasked to network with influential Americans to learn specific information. One of the most interesting questions about the […]

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Judicial Ethics in the Gulf: Judge Feldman’s Conflicts and DOJ Malpractice

Oiled up BP Judge Martin Feldman was required by both statutory and ethical considerations to recuse himself; at a absolute base minimum to disclose his appearances of conflict on the record; but he did neither. Any competent standard of lawyering would mandate the government to raise the issue if they are going to fight Feldman’s ruling; but they have not. The public ought to be asking what the hell is going on here.

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DiFi Will Cave on Intelligence Reform

As I’ve noted before (here and here), confirmation hearings for James Clapper have gotten bogged down in a dispute between the Administration and both houses of Congress over whether Congress should have the tools to exercise real oversight of intelligence functions. Right now, Nancy Pelosi is holding out for both extended notification to the Intelligence […]

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Erik Prince, Sanctions, and Mineral Wealth

Let me start by laying out a few details about Erik Prince that have been reported of late. Prince recently gave a speech I interpreted as a proposal for private contractors to serve as big oil’s enforcer–including in Nigeria and Iran Blackwater illegally tried (but allegedly failed) to negotiate a deal to train guards for […]

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