Tag: the arbitrary executive

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The Bush Administration’s Torture Regime

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In Uncategorized
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On April 19, 2009
Many people have already noted a key takeaway from Scott Shane’s article on the CIA’s arbitrary torture regime: it didn’t work. A couple things about it are also worth noting. First of all, remember this old scam? In March 2002, when Abu Zubaydah was captured in Pakistan after a gunfight with Pakistani security officers backed […]

Bybee

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On April 17, 2009

When the final list of “Chuck Schumer’s Biggest Sell-Outs” is released, this will have to rank near the top. At least when he does stuff like vote to make the compensation of hedge f

Yoo’s Tortured Reasoning

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In Uncategorized
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On March 6, 2009
I have a piece about the newly released memos over at Comment is Free. Meanwhile, it’s pretty amusing to see a guy responsible for what might be the least plausible “originalist” argument in history now wash his hands by saying that he was just giving “straight-talk legal advice.” Sure. Share

Indefensible

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On March 2, 2009

I can’t add much to what Greenwald says here and Wheeler argues here, but the Obama administration’s use of Yoovian theories of arbitrary executive authority are indeed appalling. Share

"Seven Years Is Enough."

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In Uncategorized
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On November 21, 2008
Judge Richard Leon — an appointee of George W. Bush — issued a major ruling following the wake of the Supreme Court’s Boumediene decision yesterday, ordering five Guantanamo detainees released “forthwith.” He also added comments that echoed Souter’s Boumediene concurrence: The judge, in an unusual added comment, suggested to senior government leaders that they forgo […]

Mukasey: Hack

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On August 12, 2008

Rule of law! “But not every wrong, or even every violation of the law, is a crime.” But I was informed by the highly serious priests of High Contrarianism that Mukasey’s need to work

"Separation of Powers" And Immunity

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In Uncategorized
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On August 1, 2008
I generally agree with Mark Tushnet that Robert Jackson’s much-cited and lauded concurrence in Youngstown is overrated, in the sense that it effectively describes the puzzles of evaluating the constitutionality of presidential action without providing any useful way of resolving the most interesting and important questions. Still, his descriptions can sometimes be useful, and I […]

Fall Woman

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On July 30, 2008

I agree with Turley and Bazelon that it will be pathetic if Monica Goodling ends up taking all of the responsibility for the frequently illegal cronyism and ineptitude at the DOJ. It’s a nice sc

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