War on Terror
- Deaths, Federal Judges, Military / Military Law, Quote of the Day, SCOTUS, Supreme Court, War on Terror
Everybody has an opinion on whether or not the Obama administration should release kill shots of Osama bin Laden. It’s a tough question. And there are intelligent ways to disagree with the president’s opinion (see Jon Stewart’s impassioned plea). Or you could just
call the president a pussy accuse the president of “pussyfooting” on Twitter, because that shows real leadership.
Those are fine responses for former half-term governors and pundits in the public eye. But lawyers are going about the picture issue in a much more interesting manner. Before asking if Obama “should” release the Osama photos, lawyers are wondering “does he have to,” if served with a FOIA request.
It depends, but the question itself is a helpful reminder that we are a nation of laws…
* DOMA dude Paul Clement filed his first brief as lead counsel for 26 states seeking to nullify Obamacare. In a land of socialist, freeloading, hippie queers, one man stands alone. [Atlanta Journal Constitution]
* Eric Holder defended the legality of the Osama killing on Capitol Hill yesterday. In prepared remarks, he said, “If history has taught us anything, it’s that you can kill anyone.” [CNN]
* Irving Picard has asked a judge to allow him to start making disbursements to Madoff’s victims. Victims stand to receive a coupon book valued at over 200 dollars, a free subscription to Cat Fancy, and a lifetime’s supply of Spanx for Men. [Reuters]
* Chris Simms, guilty of poor quarterbackery, was found not guilty of smoking drugs and driving. [New York Post]
Imagine what would have happened if the Obama administration had been running things immediately following 9/11. After their “arrest,” we would have read [Khalid Sheikh Mohammed] and [Abu Faraj al-Libi] their Miranda rights, provided them legal counsel, sent them to the U.S. for detention, and granted them all the rights provided a U.S. citizen in criminal proceedings.
If this had happened, the CIA could not have built the intelligence mosaic that pinpointed bin Laden’s location. Without the intelligence produced by Bush policies, the SEAL helicopters would be idling their engines at their Afghanistan base even now. In the war on terror, it is easy to pull the trigger — it is hard to figure out where to aim.
– Professor John Yoo, in an opinion piece in today’s Wall Street Journal. While serving as a Justice Department official in the Bush Administration, Professor Yoo provided legal analysis supporting the application of enhanced interrogation techniques to terror detainees — techniques that may have yielded information used in locating Osama bin Laden.
(A counterpoint to Professor Yoo — we believe in presenting both sides here at Above the Law — appears after the jump.)
Thank God he was killed, not “captured.” If he had been captured, there would have been some kind of trial. Some kind of fake, orchestrated, television show of a trial. Lawyers, judges, and others would have danced around trying to give Osama bin Laden the appearance of a fair hearing before his inevitable execution. It would have been a farce — a farce that our military and/or civilian courts are not equipped to handle.
Better for Bin Laden to meet his end as he did: via a double tap from a Navy Seal….
Osama Bin Laden is dead!
The television people are reminding us that today is the eighth anniversary of “Mission Accomplished.” Which is kind of awesome. Because now it is.
Not only has he been killed, but the U.S. has his body.
God bless America. God bless the memories of the many victims of 9/11.
Let us celebrate in the comments.
UPDATE: Should there have been a trial for Osama Bin Laden? Read more here.
Official: Osama bin Laden is dead [MSNBC.com]
* Did Malcolm Gladwell’s endorsement lead to an increase in Colorado Law applicants? Malcolm Gladwell, a man whose book Blink was described by Richard Posner as “written like a book intended for people who do not read books.” [Law Week Colorado]
* The Supremes ruled against Arizona taxpayers who claimed a tax credit for religious school donations was unconstitutional. Justice Kagan popped her dissent cherry on this one. [NPR]
* Connecticut looks to “add teeth” to a law that attempts to determine whether racial profiling exists in the state. Sorry, I don’t find anything funny about racism. Unless, of course, we’re talking about the basketball scene in Soul Man. [Hartford Courant]
* Google has bid $900 million on a whole bunch of patents. Meanwhile, the patent to Google Wave is being peddled for two dollars and a box of envelopes. [Financial Times]
* Khalid Sheikh Mohammed will be tried by a military commission at Guantanamo, but John Yoo is still not satisfied. He wants
to capture people and hold them indefinitely without trial proof that the Obama Administration can conduct terror trials successfully. Obviously, the elegant solution is to make KSM live in Yoo’s basement until one of them begs for an impartial arbiter. [Ricochet]
* From Skadden to Dickstein Shapiro to stay-at-home mom. [But I Do Have A Law Degree...]
- Copyright, Crime, Immigration, Intellectual Property, Law Schools, Lindsay Lohan, Morning Docket, Rankings, SCOTUS, Supreme Court, U.S. News, War on Terror
* Obama has created an indefinite detention system for prisoners held at Guantanamo Bay. Because he’s too soft on terrorism to make it definite. [Washington Post]
* Hiring partners have entered the U.S. News rankings fray. Number 1? Yep, Cooley. [U.S. News & World Report]
* Some New Yorkers are suing over a bike lane in Brooklyn. Four wheels good, two wheels bad! [New York Times]
* “Pow! Appeals court upholds comic con’s guilty plea.” [New York Post]
* Yesterday, the Supreme Court agreed to decide whether Congress may take works out of the public domain and slap a copyright on them. I’m never going to fill this Zune up if I can’t score some free Stravinsky. [Wired News]
Being a federal prosecutor is a great legal job, but it has its downsides. One of them, at least for me, was the anonymity. In your work as an assistant U.S. attorney, it’s not about you; it’s about the merits of the cases, and seeing that justice is done. That’s public-spirited and all, but it’s not very fabulous (at least not to a shameless attention-seeker like myself).
Given the relative anonymity of being an AUSA, it’s not normal for the New York Post to cover the hiring of any single one. But Tali Farhadian, who’s joining the U.S. Attorney’s Office in the Eastern District of New York (Brooklyn), isn’t your normal AUSA.
How many federal prosecutors are as brilliant, as beautiful, and as filthy rich as Farhadian? And how many are as controversial?
Let’s learn why this lush Persian beauty is so celebrated in some quarters, and so loathed in others. And see some photos, too…