The President promised not to undercut the rule of law for expedience's sake. He did. Now we face the consequences.
When Obama took office, he promised not to expend "the rule of law" for "expedience's sake." He did, and now we all face the consequences.
Obama's drone memo is exactly what he said it'd be
Obama's drone memo may seem shocking. But he never promised otherwise.
“So much for the theory that the Court doesn’t leak,” a friend emailed me, dissing my TNR essay on Supreme Court secrecy in light of Jan Crawford’s blockbuster revelation about the internal deliberations behind the Obamacare decision less than a week after it was announced. “I am told by two sources with specific knowledge of the court’s deliberations that Roberts initially sided with the conservatives in this case and was prepared to strike down…the individual mandate,” Crawford said, on CBS’ Face the Nation.
WHEN SUPREME COURT Justice Ruth Bader Ginsburg rose to speak to the American Constitution Society on June 15, many in the audience hoped she would hint at the fate of the Affordable Care Act. The justices had voted on Obamacare on March 30, and by mid-June the Court’s opinion, as well as any concurrences or dissents, had been drafted and circulated internally. But despite palpable panting by journalists, no one outside the Court knew what it had decided. And Ginsburg gave no clue. “Those who know don’t talk,” she said.
When Michael Ratner argued in a February 2002 lawsuit that British citizen Shafiq Rasul had a legal right to challenge his detention at Guantanamo Bay, there was little reason to believe he and his colleagues at the Center for Constitutional Rights (CCR) would play any role in shaping America’s national security landscape. The country was still seething with anger over the attacks of 9/11, and longing for revenge. The few legal precedents that existed were not very encouraging.
Cyber War: The Next Threat to National Security and What to Do About It By Richard A. Clarke and Robert K.
Crisis and Command: A History of Executive Power from George Washington to George W. Bush By John Yoo (Kaplan, 544 pp., $29.95) Bomb Power: The Modern Presidency and the National Security State By Garry Wills (Penguin, 288 pp., $27.95) I. In December 2008, Chris Wallace asked Vice President Cheney, “If the president, during war, decides to do something to protect the country, is it legal?” Cheney’s answer included a reference to a military authority that President Bush did not exercise.
Former Vice President Cheney says that President Obama's reversal of Bush-era terrorism policies endangers American security. The Obama administration, he charges, has "moved to take down a lot of those policies we put in place that kept the nation safe for nearly eight years from a follow-on terrorist attack like 9/11." Many people think Cheney is scare-mongering and owes President Obama his support or at least his silence. But there is a different problem with Cheney's criticisms: his premise that the Obama administration has reversed Bush-era policies is largely wrong.
Bush's Law: The Remaking of American Justice By Eric Lichtblau (Pantheon, 384 pp., $26.95) I. In May 1940, defying a congressional ban, President Franklin D. Roosevelt secretly authorized warrantless wiretapping inside the United States. His attorney general, Robert Jackson, had ordered a halt to the wiretapping a few months earlier, after the Supreme Court made clear that the Communications Act of 1934 prohibited it. But when J.