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Convictions: Slate's blog on legal issues
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Karl Rove's assertion of executive privilege should be the straw that breaks the judicial tolerance for assertions of privilege that have no constitutional warrant as a matter of original understanding. Judge Bates should give The White House an opportunity to prove otherwise, and when it likely cannot, enforce the subpoenas. Let's have at least one tip of the hat to the rule of law before the Bush folks saddle up for the ride back to Texas. Read More...
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Jack, I want to add a small addendum to your post . There is a big difference between the president asking for a power and Congress granting it to him, and the president claiming a power for himself and Congress acquiescing. Critics of the Bush administration Read More...
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I'll get back to the substance of our legal debate on presidential authority in a sec, but first a response to Marty's two more general points. Does anyone care what the Somalia air strikes tell us about the current legal status of the "war on terror"? Read More...
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Marty , you sure read a lot into my post , which was meant as a critique of Sands' view that American lawyers should be prosecuted in foreign courts if they give legal advice that results in international law violations, not as a defense of the torture Read More...
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In a modest attempt to allow equal time, I note that Esquire magazine has posted what it calls the first interview with John Yoo since this week's release of the latest memo. You can find it here . Not that the interview sheds much light, but my favorite Read More...
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John Yoo is a scholar of the first-rank. He confronted a legal and factual problem unlike any other public servant before him.
With hardly any law, and even less direct judicial precedent, he reached plausible, but not always, prudent conclusions. If we put aside the understandable suspicion of the overreaching of the president, can we objectively say what went wrong and, without perfect hindsight, what were the alternative legal -- as opposed to policy -- conclusions? Read More...
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Of all the passages in this latest memo worthy of dissection, I still can't get past the following: Because of the secret nature of al Qaeda's operations, obtaining advance information about the identity of al Qaeda operatives and their plans may prove Read More...
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Wow, Eric, you packed a lot into that provocative opening post , and led me to read Lichtblau's how-the-media-sausage-is made story I confess I might not otherwise have read, given the day job. Call me a cynic, but I've invariably come away from such Read More...
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Two thoughts in response to Marty's provocative questions : First, I think having a relatively independent DNI probably is manageable constitutionally. We already have, after all, an FBI director who is appointed for a term of years that does not coincide Read More...
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Suppose that U.S. troops are on patrol in country X. Perhaps they are engaging in joint maneuvers with that country's armed forces; perhaps they are there for some other reason. Some soldiers out on maneuvers run across a person whose face is on a "wanted" Read More...
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Of all the striking things about the consolidated cases the Supreme Court is set to hear this Tuesday — presenting the question whether U.S. citizens held by the U.S. military in Iraq can seek habeas review of their detention in the U.S. federal courts Read More...
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I'm not inclined to defend Cheney's freelancing in Heller , but I do think David's being a little too facile when he says in this post that "the next time a unitarian tells you the JAGs in the military, civil rights lawyers in Justice, or scientists throughout Read More...
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I'd like to add to the Cheney discussion that Adam , Jack , Eric and Dawn have been having with a note about his comments today on the war, because I think they illuminate further his views on executive power. ABC News' Martha Raddatz sat down with Vice Read More...
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