Tag: the arbitrary executive

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Even Worse Than Yoo Thought

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On July 12, 2009
So, to be clear, Boalt Hall’s favorite tenured radical used procedural, legal, and factual errors…to justify torture and arbitrary executive power. (Often, for example, legislative provisions are ambiguous and have multiple reasonable interpretations. The claim that FISA didn’t apply to the executive branch does not qualify.) AL: It’s difficult to put into words how insanely […]

Meanwhile…

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On May 18, 2009
The Supremes issued another decision today. Liptak: A Pakistani Muslim man who was arrested after the Sept. 11 terrorist attacks may not sue John Ashcroft, the former attorney general, and Robert S. Mueller III, the director of the Federal Bureau of Investigation, for abuses he said he suffered in a Brooklyn detention center, the Supreme […]

The Editors sum up the state of play: It’s funny that when torture was all the fault of poor, ugly hillbillies of the sort David Brooks writes about in his Adventure Stories for Young Aristocrats, w

Reining In the Arbitrary Executive

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On April 29, 2009
See Greenwald and Daphne Evitar on a potentially important decision from a Ninth Circuit panel repudiating at least one element of the expansive “state secrets” privilege claimed by the Bush and Obama administrations. In this case, the Bush admininstration put forward the position that this incredibly broad privelege could apply to a civil suit involving […]
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