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20 May 2007, 10:01 pm
The big problem here is not that the President's "last word" within the Executive branch was so unorthodox, but that it was so unorthodox and secret, and thus so unchecked, i.e., that the final word within the Executive branch became, for all intents and purposes, the final, unreviewable policy and practice of the United States, whether it be with respect to surveillance in violation of FISA, or with respect to "enhanced" interrogation techniques. [read post]
20 May 2007, 9:57 am
The President is being treated as a defacto "supreme court" within the Executive Branch, who has the last word. [read post]
19 May 2007, 2:17 am
If it does happen, however, it would create an interesting configuration among the three branches not seen since the New Deal-- a liberal Democratic President and Congress facing a conservative majority on the Supreme Court. [read post]
17 May 2007, 4:49 pm
(OLC's legal judgments are binding within the Executive branch, except in the rare cases where they are overridden by OLC itself, the Attorney General, or the President.) [read post]
17 May 2007, 4:20 pm
District Judge John D. [read post]
17 May 2007, 2:12 am
The Justice Department is the part of the government that defines the law for the executive branch. [read post]
17 May 2007, 2:12 am
The Justice Department is the part of the government that defines the law for the executive branch. [read post]
16 May 2007, 10:03 am
Politics TV has the video of James Comey's testimony yesterday about his rush to the hospital to pre-empt Alberto Gonzales and Andy Card's attempt to get former Attorney General John Ashcroft to sign off on the extension of the warrantless NSA wiretap program. [read post]
16 May 2007, 9:18 am
This was John Ashcroft -- and he would not sign off on the prior OLC legal Opinion, even though:1. [read post]
16 May 2007, 9:18 am
This was John Ashcroft -- and he would not sign off on the prior OLC legal Opinion, even though:1. [read post]
15 May 2007, 8:44 am
-- at the White House without an unbiased third party witness (SG Ted Olson -- a/k/a Tom Hagen).)And this is how the law is settled these days in the Executive branch of the greatest democracy in the world . . . .P.S. [read post]
15 May 2007, 8:44 am
-- at the White House without an unbiased third party witness (SG Ted Olson -- a/k/a Tom Hagen).)And this is how the law is settled these days in the Executive branch of the greatest democracy in the world . . . .P.S. [read post]
15 May 2007, 5:09 am
Rawls turned back to the social contract tradition of Thomas Hobbes, John Locke, and especially Immanuel Kant in order to derive substantive principles of justice that could provide a defense of a more democratic social order. [read post]
15 May 2007, 4:48 am
It's just about the most dramatic testimony I can recall in a congressional committee since John Dean.Comey testified as follows:(i) that he, OLC and the AG concluded that the NSA program was not legally defensible, i.e., that it violated FISA and that the Article II argument OLC had previously approved was not an adequate justification (a conclusion prompted by the New AAG, Jack Goldsmith, having undertaken a systematic review of OLC's previous legal opinions regarding the… [read post]
15 May 2007, 4:48 am
It's just about the most dramatic testimony I can recall in a congressional committee since John Dean.Comey testified as follows:(i) that he, OLC and the AG concluded that the NSA program was not legally defensible, i.e., that it violated FISA and that the Article II argument OLC had previously approved was not an adequate justification (a conclusion prompted by the New AAG, Jack Goldsmith, having undertaken a systematic review of OLC's previous legal opinions regarding the… [read post]
13 May 2007, 6:07 pm
The press continues to cover the order prohibiting Judge Halverson from entering the courthouse: John L. [read post]
11 May 2007, 10:03 pm
More recently, however, the Court or Chief Justice John G. [read post]
7 May 2007, 8:35 pm
Tonight's dinner at the Seventh Circuit's Judicial Conference: It was a pleasure to meet Justice John Paul Stevens and his lovely wife at this evening's dinner. [read post]
7 May 2007, 11:10 am
Officials in Farmers Branch, a Dallas suburb, continue to pay dearly for their law banning landlords from renting to illegal aliens. [read post]
4 May 2007, 4:55 am
Thrid Branch has a great interview with Justice John Paul Stevens up. [read post]
