Obama War Powers Treachery and The Founders’ Remedies

By: Monday June 20, 2011 7:33 am

If our society and political discourse cannot seriously discuss impeachment for the type of executive perfidy demonstrated by Barack Obama in relation to Libya and the War Powers Resolution, and could not discuss it during the Bush/Cheney crimes, then the impeachment provision of the Constitution has no meaning and should be stricken.

Going Astray – Obama and Nato Bombings in Libya

By: Sunday June 19, 2011 5:26 pm

EW and probably bmaz as well will likely have more to say on this one when they free up. Charlie Savage reported on Friday that Obama rejected advice from both Jeh Johnson (Pentagon general counsel) and, even more significantly, Caroline Krass (the acting head of DOJ’s Office of Legal Counsel) when he availed to himself [...]

Did the Pentagon Misinform Obama When It Said Bradley Manning’s Treatment Met Our Standards?

By: Wednesday April 20, 2011 9:45 am

Back on March 11, in response to Jake Tapper’s question whether he agreed with PJ Crowley’s judgment that Bradley Manning’s treatment was “ridiculous and counterproductive and stupid,” President Obama said the Pentagon had assured him that the treatment met DOD standards. Tapper: The State Department Spokesman PJ Crowley said the treatment of Bradley Manning by [...]

Administration Continues to Cling to Precedent of Slavery, Genocide, and Illegal Belligerency to Legitimize Its Actions

By: Monday April 11, 2011 6:04 am

It has increasingly become clear that the Obama Administration treats the category of “terrorist” more flexibly than the Bush Administration did. With the introduction of the term “countering violent extremism,” for example, the Administration broadened the potential application of terrorist tools to those who were simply, according to them, “extremists.” Then there’s the odd treatment [...]

Why Won’t Jeh Johnson Answer Hank Johnson’s Question about Forced Nudity?

By: Thursday March 17, 2011 11:29 am

The House Armed Services Committee is having a hearing on Law of War Detention. Much of it has focused on Jeh Johnson affirming that military commissions line up with American values. (In other words, it is fairly depressing.) But an interesting exchange happened when Hank Johnson had his turn. He set up his question by [...]

The Use of False Passports Does Not Make Someone an Al Qaeda Member

By: Sunday July 4, 2010 1:54 pm

Happy Fourth of July. This week, the DC Circuit Court had to tell the government that using false passports does not make someone an al Qaeda member. At issue is the appeal of Belkacem Bensayah, an Algerian who had been living in Bosnia alleged to have arranged travel for five others (the rest of the [...]

Squabble in Administration over Rule of War, Khadr, Drones

By: Tuesday May 25, 2010 6:54 am

Steven Edwards, one of the four journalists banned from Gitmo for reporting publicly available information, has an important story on squabbles within the Obama Administration about what should be in the recently updated Gitmo military tribunal manual. At issue is whether actions like Khadr’s alleged crime–throwing a grenade during active warfare–should be included. The officials [...]

Koh v. Johnson: Material Support in Far Away “Battlefields”

By: Sunday March 28, 2010 7:51 pm

I don’t know about you. But I’m sort of bored with the Holder v. Rahm fight over torture and Gitmo. My hope is they’ll start a military commission trial, it’ll get delayed and challenged, and Holder will be able to demonstrate in terms even Rahm understands that civilian trials are not just a question of [...]

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