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March 3rd, 2009


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10:25 am
By all means, Congress, do investigate the CIA, who destroyed 92 tapes of harsh interrogations of Al-Qaeda suspects to hide evidence of their own wrongdoing. Harpers spells it out: CIA in mass destruction of torture evidence. You should know that Attorney General Eric Holder has said waterboarding is not going to be done under Obama.

The Washington Post says Bush Administration legal memos from after 9/11 show a lot of legal errors. That's being charitable.

The number of major legal errors committed by Bush administration lawyers during the formulation of its early counterterrorism policies was far greater than previously known, according to internal Bush administration documents released for the first time by the Justice Department yesterday.

Those policies were based on at least 10 legal opinions conferring broad powers on the president that the Justice Department later deemed flawed and ordered withdrawn, including several approving the military's search, detention or trial of civilians in the United States without congressional input, according to the documents.

While the Bush administration had previously acknowledged rescinding two of those memos -- authorizing the infliction of pain and suffering on detainees and claiming unquestioned authority to interrogate suspects outside the United States -- the government's eventual repudiation or rewrite of the eight other early legal memos was secret until now.

In one of the newly disclosed opinions, Justice Department appointee John Yoo argued that constitutional provisions ensuring free speech and barring warrantless searches could be disregarded by the president in wartime, allowing troops to storm a building if they suspected terrorists might be inside. In another, the department asserted that detainees could be transferred to countries known to commit human rights abuses so long as U.S. officials did not intentionally seek their torture.

The opinions were initially drafted -- and later repudiated at least in part -- by the Justice Department's storied Office of Legal Counsel, which issues interpretations of laws and presidential authorities considered binding on the entire executive branch. The multiple policy shifts during Bush's two presidential terms reflect an unprecedented degree of turmoil in that office, experts say. ...

However, the NY Times says the memos include "assertions that the president could use the nation’s military within the United States to combat terrorism suspects and to conduct raids without obtaining search warrants." That's not a legal error; that's martial law.

That opinion was among nine that were disclosed publicly for the first time Monday by the Justice Department, in what the Obama administration portrayed as a step toward greater transparency.

The opinions reflected a broad interpretation of presidential authority, asserting as well that the president could unilaterally abrogate foreign treaties, ignore any guidance from Congress in dealing with detainees suspected of terrorism, and conduct a program of domestic eavesdropping without warrants.

Some of the positions had previously become known from statements of Bush administration officials in response to court challenges and Congressional inquiries. But taken together, the opinions disclosed Monday were the clearest illustration to date of the broad definition of presidential power approved by government lawyers in the months after the Sept. 11 attacks.

In a memorandum dated this Jan. 15, five days before President George W. Bush left office, a top Justice Department official wrote that those opinions had not been relied on since 2003. But the official, Steven G. Bradbury, who headed the Office of Legal Counsel, said it was important to acknowledge in writing “the doubtful nature of these propositions,” and he used the memo to repudiate them formally.

Mr. Bradbury said in his memo that the earlier ones had been a product of lawyers’ confronting “novel and complex questions in a time of great danger and under extraordinary time pressure.”

The opinion authorizing the military to operate domestically was dated Oct. 23, 2001, and written by John C. Yoo, at the time a deputy assistant attorney general in the Office of Legal Counsel, and Robert J. Delahunty, a special counsel in the office. It was directed to Alberto R. Gonzales, then the White House counsel, who had asked whether Mr. Bush could use the military to combat terrorist activities inside the United States.

The use of the military envisioned in the Yoo-Delahunty reply appears to transcend by far the stationing of troops to keep watch at streets and airports, a familiar sight in the wake of the Sept. 11 attacks. The memorandum discussed the use of military forces to carry out “raids on terrorist cells” and even seize property.

“The law has recognized that force (including deadly force) may be legitimately used in self-defense,” Mr. Yoo and Mr. Delahunty wrote to Mr. Gonzales. Therefore any objections based on the Fourth Amendment’s ban on unreasonable searches are swept away, they said, since any possible privacy offense resulting from such a search is a lesser matter than any injury from deadly force.

The Oct. 23 memorandum also said that “First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.” It added that “the current campaign against terrorism may require even broader exercises of federal power domestically.”

Mr. Yoo and Mr. Delahunty said that in addition, the Posse Comitatus Act, which generally bars the military from domestic law enforcement operations, would pose no obstacle to the use of troops in a domestic fight against terrorism suspects. They reasoned that the troops would be acting in a national security function, not as law enforcers.

In another of the opinions, Mr. Yoo argued in a memorandum dated Sept. 25, 2001, that judicial precedents approving deadly force in self-defense could be extended to allow for eavesdropping without warrants.

Still another memo, issued in March 2002, suggested that Congress lacked any power to limit a president’s authority to transfer detainees to other countries, a practice known as rendition that was widely used by Mr. Bush.

Other memorandums said Congress had no right to intervene in the president’s determination of the treatment of detainees, a proposition that has since been invalidated by the Supreme Court.

The Jan. 15 memo by Mr. Bradbury repudiating these views said that it was “not sustainable” to argue that the president’s power as commander in chief “precludes Congress from enacting any legislation concerning the detention, interrogation, prosecution and transfer of enemy combatants.”

Mr. Yoo, now a law professor at the University of California, Berkeley, is widely known as the principal author of a 2002 memorandum, separate from those made public Monday, that critics have characterized as authorizing torture. That memorandum, signed by Jay S. Bybee, a predecessor of Mr. Bradbury as head of the Office of Legal Counsel, was repudiated in 2004.

The memorandum issued by Mr. Bradbury this January appears to have been the Bush lawyers’ last effort to reconcile their views with the wide rejection by legal scholars and some Supreme Court opinions of the sweeping assertions of presidential authority made earlier by the Justice Department.

Walter Dellinger, who led the Office of Legal Counsel during the Clinton administration and is now a law professor at Duke University, said in an interview that Mr. Bradbury’s memo “disclaiming the opinions of earlier Bush lawyers sets out in blunt detail how irresponsible those earlier opinions were.”

Mr. Dellinger said it was important that it was now widely recognized that the earlier assertions “that Congress had absolutely no role in these national security issues was contrary to constitutional text, historical practice and judicial precedent.”

In a speech a few hours before the documents were disclosed Monday, Attorney General Eric H. Holder Jr. said: “Too often over the past decade, the fight against terrorism has been viewed as a zero-sum battle with our civil liberties. Not only is that thought misguided, I fear that in actuality it does more harm than good.”

Mr. Holder said that the memorandums were being released in light of a substantial public interest in the issue.


And here are the links to the Justice Department, if you want to read the memos for yourself.

The Republican Party appears to be imploding a bit. Let me see if I can track it: Party chair Michael Steele called Rush Limbaugh an entertainer, said he wasn't that important and his material was ugly. Limbaugh slaps back, and Steele blames the mess on Rahm Emanuel and the Democrats (instead of his own open mouth, which is now chewing on his foot up to the knee.) And now Steele has apologized for calling Limbaugh an entertainer. Who's leading the Republican Party now? Personally, I don't find Limbaugh at all entertaining, and Steele was a horrible lieutenant governor; it's interesting, however, to see David Duke et alia gritting their teeth at Steele's truthtelling.

In California, the Legislature declared that voters alone didn't have the right to bar same-sex marriages, because Prop. 8 revised the state constitution and did so without going through proper channels. Such changes have to originate in the Legislaure, get two-thirds approval there and then go to the voters. The resolution said Prop. 8 also oversteps the authority of the courts to enforce equal protection and prevent government discrimination.

India declares traditional herbs and yoga postures cannot be patented.

The Southern Nevada Water Authority comes up with a daring plan: divert Mississippi floodwater and put it into the Central Plains aquifer from which western water is drawn.

Slate reads the entire Bible and learns a lot about American culture. No intellectual assent or belief necessary.

If you ride Ryanair planes, cross your legs. Or carry a lot of change -- because it's pay as you go.

14 outrageous guitars.

(Leave a comment)

Comments:


From:(Anonymous)
Date:March 4th, 2009 08:34 am (UTC)
(Link)
As usual, I'm totally outraged by the things in this article,
well,
except for the guitars.

I'm actually not at all outraged by them.

The "Toilet Seat" guitar is actually a pretty common project among guitar (building) hobbyists. You see them occasionally in pawnshops and places like Atomic Music. As a matter of fact, you can buy one right now on Ebay for $1790. I'm pretty sure that the reason this one is so expensive is that it's probably custom carved out of solid wood, which means that if you try to play it, it's actually going to stay together. The particle board that most toilet seats are made of is kind of explodey under a guitar's tension. To make a toilet seat into a guitar, you have to pick your seat very carefully.

Cheers, Maugie
[User Picture]
From:[info]twistedchick
Date:March 4th, 2009 09:04 am (UTC)
(Link)
Some wood toilet seats now are made from strips of wood and glue; I don't think they'd hold either. If you want to get one of the old solid ones, look for a 1920s-era building that's being demolished and see if they're selling off the fixtures.

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