MetaFilter posts tagged with Bush and law

It was worse than you thought.

EarBucket — Mon, 02 Mar 2009 19:35:34 -0800

The Obama Justice Department has released nine legal memos from the Bush administration that assert broad extra-Constitutional powers for the president. The memos assert that both the First and Fourth Amendments may be subordinated to the needs of wartime. The memos were withdrawn by the Justice Department a few days before President Bush left office.

Three Opinions On What to Do With the Bush Administration's Misdeeds

homunculus — Sun, 11 Jan 2009 18:54:24 -0800

Bringing Justice to the War on Terrorism. 3 views on how the incoming administration should deal with the legal legacy of Bush Administration policies like torture, surveillance, and extraordinary rendition. Charles Fried makes the case against criminal prosecutions, Dahlia Lithwick makes the case for investigations followed by prosecutions, and Jack Balkin argues for truth commissions. [Via]

Cats Defending Henhouses

digaman — Tue, 30 Sep 2008 11:58:21 -0800

Worried about social-network data mining? Facebook hires Ted Ullyot, former right-hand man to former Attorney General Alberto Gonzales, as its general counsel. Tapping Ullyot, who worked on the infamous torture memo and other illustrious projects, is a sign that the burgeoning Scrabble platform "is a little more grown-up," says Facebook public-policy VP Elliot Schrage.

Presidential Crimes

homunculus — Mon, 08 Sep 2008 14:55:19 -0800

Presidential Crimes: Moving on is not an option. "In deciding about legal redress, we need to be clear about the large stakes in our decision. The very multiplicity of the apparent crimes, the sheer array of arguably broken laws, is dizzying. But that multiplicity must be faced, for in it we will see that what got in President Bush’s way was not any one law but the rule of law itself. It is the rule of law that has been put in jeopardy by a project of executive domination; it is the rule of law that will continue to be in peril; and it is only, therefore, by addressing the crimes through legal instruments—through a formal, legal arena, and not simply through the electoral repudiation of bad policy—that the grave and widespread damage stands a chance of being repaired."

Life and death of a black and white

mrducts — Wed, 06 Aug 2008 10:47:48 -0800

Texas executes Mexican national who was denied consul visit. Jose Medellin, a Mexican national, was born in the border town of Nuevo Laredo, just across the Rio Grande river from Laredo,TX. Medellín moved to the US when he was 3 years of age, and was 18 years of age in June of 1993 when he participated in the gang rape and murder of Jennifer Ertman, 14 and Elizabeth Pena, 16 in Houston,Texas. He was subsequently found guilty and sentenced to death. In 2004, the International Court of Justice ruled that the Bush Administration must reconsider the case because Medellin was not informed of his right to contact Mexican consulate officials under the Vienna Convention. After the ruling, President Bush asserted authority under the Constitution and the various laws of the United States to order states to review the convictions and sentences of foreign nationals who had not been advised of their Vienna Convention rights. On March 25, 2008, the U.S. Supreme Court rejected the arguments of the Bush Administration, and ruled that President Bush can't force Texas to reconsider, even if in violation of the International Court of Justice.[Previously]

The Audacity of Government

East Manitoba Regional Junior Kabaddi Champion '94 — Wed, 02 Apr 2008 07:45:01 -0800

A very special 'This American Life' about an administration with the endemic belief that laws only apply to the little people, and a limitless refusal to concede on even petty issues, no matter the costs. The highlight is about immigrant widows of US citizens (30:50). The program also discusses the constitutional beliefs of the presidential candidates. Bonus post: Expecting a tax rebate check? Yesterday's 'Marketplace' says think again. (Marketplace transcript)

Al Odah v. U.S. and Boumediene v. Bush

ao4047 — Wed, 05 Dec 2007 06:37:15 -0800

Al Odah v. U.S. and Boumediene v. Bush go before SCOTUS Streaming on C-Span today. The Center for Constitutional Rights (great podcast) will argue before the Supreme Court today:

Immediately after the Supreme Court’s decision in Rasul, The Center for Constitutional Rights and cooperating counsel filed 11 new habeas petitions in the United States District Court for the District of Columbia on behalf of over 70 detainees. These cases eventually became the consolidated cases of Al Odah v. United Statesand Boumediene v. Bush, the leading cases determining the significance of the Supreme Court’s decision in Rasul, the rights of non-citizens to challenge the legality of their detention in an offshore U.S. military base, and the constitutionality of the Military Commissions Act of 2006.

Court martial begins for Guantanamo JAG who leaked detainee list

planetkyoto — Tue, 15 May 2007 07:50:22 -0800

It began with an innocent-looking Valentine's Day card in 2005. Inside the card were several slips of paper, a hastily cut-up printout of names of 550 secret detainees at Guantanamo Bay. The human rights lawyer who received "this weird valentine" handed it over to authorities, and this week the court martial begins for JAG LtCmdr Matthew Diaz, facing 36 years for divulging state secrets.
Whither goest thou, American Jurisprudence?

Bikes Against Bush

homunculus — Tue, 10 Apr 2007 16:39:46 -0800

NYPD Intelligence Op Targets Dot-Matrix Graffiti Bike. More details on the premeditated arrest of Joshua Kinberg by the NYPD just before the 2004 Republican National Convention. Kinberg, now the CEO of FireAnt, was targeted by the "R.N.C. Intelligence Squad" for his Bikes Against Bush project. The police lost his Xtracycle. [Via BB.]

But PURGEgate? I'm sorry, that's a dumb name.

JHarris — Tue, 03 Apr 2007 09:52:16 -0800

The Purgegate Primer is a helpful document from The Morning News to assist all us armchair pundits in making sense of the U.S. Attorney scandal. Brought to us by the letter Q and recently-mentioned defective yeti, who it seems is about more than just laughs. (Also see his Plamegate Cheatsheet.)

Top Secret: We're Wiretapping You

Postroad — Mon, 05 Mar 2007 10:19:53 -0800

Top Secret: We're Wiretapping You It could be a scene from Kafka or Brazil. Imagine a government agency, in a bureaucratic foul-up, accidentally gives you a copy of a document marked "top secret." And it contains a log of some of your private phone calls. You read it and ponder it and wonder what it all means. Then, two months later, the FBI shows up at your door, demands the document back and orders you to forget you ever saw it.

Scooter throws Turd Blossom under the bus

ibmcginty — Tue, 23 Jan 2007 17:23:13 -0800

Politics/PlameFilter: In opening arguments today in the Plame investigation perjury case against Vice President Cheney's former Chief of Staff I. Lewis Libby, the prosecutor portrayed Libby as an agent of a Cheney-driven media offensive. Perhaps the biggest surprise of the day came from Libby's attorney, who portrayed his client as a White House-chosen scapegoat for Karl Rove's misdeeds. A conservative reporter saw in Libby's emerging defense a "dramatic split inside the Bush White House." An MSNBC host asked whether this hullabaloo could lead to Cheney's resignation. Background on the case. Liveblogging of today's arguments from an anti-administration perspective.

Guantanamo Bay: 5th Anniversay Today Triggers International Protests

Bodyguard — Thu, 11 Jan 2007 01:12:34 -0800

Jan. 11, 2002, the first 20 detainees, shackled and blindfolded, arrived from Afghanistan .... and since then, nearly 800 prisoners have passed through the detention center in southeastern Cuba. To mark the anniversary, demonstrations are planned Thursday in New York, London, Sydney, Australia, and other cities as well as dozens of small towns in the United States and Britain. Gitmo Detainees Join Hunger Strike .... & .... WikiPeidia History Article

Bringing Bush to Court

homunculus — Fri, 01 Dec 2006 00:42:57 -0800

United States v. George W. Bush et al. Retired federal prosecutor Elizabeth de la Vega has written a hypothetical indictment for a hypothetical grand jury charging President George W. Bush, Vice President Richard Cheney, Secretary of Defense Donald Rumsfeld, Secretary of State Condoleezza Rice, and former Secretary of State Colin Powell of violating Title 18, United States Code, Section 371, thereby commiting a conspiracy to defraud the United States by tricking the nation into war. Though a work of fiction, the evidence presented is real. Part 1 is the introdutction, part 2 is the indictment, and part 3 is the beginning of grand jury testimony, with more to come over the next few days.

"This agression will not stand."

EarBucket — Mon, 28 Aug 2006 11:32:22 -0800

Benjamin B. Ferencz, a chief prosecutor in the Nuremberg war crimes trials, believes that President Bush should be put on trial. Mr. Ferencz previously discussed the War On Terror shortly after 9/11.

Pig in the parlor

homunculus — Mon, 21 Aug 2006 13:14:04 -0800

"If this program is unlawful, federal law expressly makes the ordering of surveillance under the program a federal felony. That would mean that the president could be guilty of no fewer than 30 felonies in office." George Washington University Law Professor Jonathan Turley on what's missing in the latest debate over the NSA program. [Bugmenot, Via Glenn Greenwald.]

ABA Gives Wallace 'Not Qualified' Rating, Stiffs Spector

monju_bosatsu — Wed, 26 Jul 2006 10:33:42 -0800

Looks like the battle over Bush's judicial nominations may be back on. In February, Bush nominated Michael B. Wallace to a seat on the Fifth Circuit. Not long after, the ABA Standing Committee on Federal Judiciary, which evaluates the professional qualifications of all nominees for the federal bench, gave Wallace a 'not qualified' rating. With that rating, Wallace joins company with other similarly unqualified judicial nominees such Richard Posner, Frank Easterbrook, and J. Harvie Wilkinson III. [more inside]

ABA Rejects Presidential Signing Statements

monju_bosatsu — Mon, 24 Jul 2006 11:22:43 -0800

In June, the American Bar Association created a task force to investigate President Bush's use of signing statements to qualify his approval of certain laws. Some of the members of the task force, among others, testified before Congress, and today the task force issued its final report and recommendations [pdf]. Its conclusion: "American Bar Association opposes, as contrary to the rule of law and our constitutional system of separation of powers, the issuance of presidential signing statements that claim the authority or state the intention to disregard or decline to enforce all or part of a law the President has signed, or to interpret such a law in a manner inconsistent with the clear intent of Congress."

Luttig resigns Fourth Circuit post.

monju_bosatsu — Wed, 10 May 2006 09:28:11 -0800

Luttig Resigns. Judge J. Michael Luttig, long considered a front-runner for a Supreme Court nomination, at least until he was passed over by President Bush, has resigned his position on the Fourth circuit. Luttig will take over as general counsel to Boeing. Read Boeing's press release and Luttig's resignation letter [pdf].

Rule of Law?

amberglow — Sun, 30 Apr 2006 10:50:44 -0800

...Bush has been aggressive about declaring his right to ignore vast swaths of laws -- many of which he says infringe on power he believes the Constitution assigns to him alone ... President Bush has quietly claimed the authority to disobey more than 750 laws enacted since he took office, asserting that he has the power to set aside any statute passed by Congress when it conflicts with his interpretation of the Constitution. ... Long, eyeopening article laying out what laws have been ignored and why. ...Bush has cast a cloud over 'the whole idea that there is a rule of law," because no one can be certain of which laws Bush thinks are valid and which he thinks he can ignore. 'Where you have a president who is willing to declare vast quantities of the legislation that is passed during his term unconstitutional, it implies that he also thinks a very significant amount of the other laws that were already on the books before he became president are also unconstitutional," ...

Black-Bag Jobs

digaman — Sun, 19 Mar 2006 18:33:48 -0800

"Don't worry Mr. President, we have Kansas surrounded." Warrantless searches: they're not just for wiretaps anymore. U.S. News and World Report probes the Bush administration's covert drive to conduct physical searches of American homes without court approval.

Secret Justice

digaman — Sat, 11 Mar 2006 10:04:39 -0800

Newsfilter: Secret arrests, secret renditions, secret interrogations in secret jails, and now, secret rulings from US federal judges. More fallout from the Bush administration's NSA domestic-spying program [recently discussed here].

Zen and the art of Presidential usurpation

Smedleyman — Thu, 16 Feb 2006 14:11:26 -0800

Back when President Bush declared a state of emergency, then did it again, and people were wondering Could Terrorism Result In A Constitutional Dictator? I was reminded of the UN invasion paranoia under Clinton and Senate Report 93-549, written in 1973, which said "Since March 9, 1933, the United States has been in a state of declared national emergency." and the question was have we been living in a state of National Emergency for over six decades? Back then it was easy to write off with the tinfoil hat crowd. But it seems throughout the nation's history, presidents have in fact been using executive orders on "emergencies" to circumvent the Constitution's division of power.

Covert Propaganda

digaman — Fri, 30 Sep 2005 19:54:07 -0800

Ethicsgate continues: Today, the bipartisan Government Accountability Office declared that the Bush administration broke the law by paying Armstrong Williams to write favorable columns about the No Child Left Behind Act, funneling public funds to a PR firm to sift through news stories and gauge media perception of Bush policies, and financing phony TV news reports giving the President's education policies "an A-plus," creating what the GAO called "covert propaganda." [Williams et. al. previously discussed here.]

Howard Dean Again Ratchets up Anti-Bush Rhetoric.

dsquid — Sun, 31 Jul 2005 18:40:11 -0800

Howard Dean Again Ratchets up Anti-Bush Rhetoric, this time blaming the President's right-wing supreme court for the recent Kelo ruling. These comments strike some as confusing, seeing as how none of the justices at the time were appointed by the President, and 3 of the dissenters are considered to be the most conservative members on the bench.