Ed. note: In honor of Columbus Day (and Canadian Thanksgiving), we’ll be on a reduced publication schedule today. We’ll be back in full force tomorrow. * If you are curious about that legal memo justifying the killing of Anwar al-Awlaki, Charlie Savage describes its contents in this very interesting NYT piece. [New York Times] * […]
Ed. note: In honor of Columbus Day (and Canadian Thanksgiving), we’ll be on a reduced publication schedule today. We’ll be back in full force tomorrow. * If you are curious about that legal memo justifying the killing of Anwar al-Awlaki, Charlie Savage describes its contents in this very interesting NYT piece. [New York Times] * […]
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Many of you have been following the story of Anwar al-Awlaki. He's the American-born radical cleric who was targeted and killed by a U.S. drone strike in Yemen. Many have questioned Obama's authority to assassinate an American without due process of the law. Today's news is that President Obama did seek and receive legal justification for this strike from the Department of Justice. But you won't get to see it. That's because the DOJ issued Obama a secret memo that purportedly explains why Obama is allowed to kill Americans now....
This weekend, we (and every other media outlet) ran our solemn 9/11 remembrance post. In any event, yesterday was the predictable day where the media took a closer look at the aftermath of 9/11. And by "closer look," we mean "report on everything that's gone horribly wrong since 9/11." Elie Mystal has got a really heartwarming story from a law firm that he wants to share before he "takes a closer look" at the week after 9/11....
Today marks the tenth anniversary of the September 11 attacks. Throughout today, people have been looking back and reflecting on the tragic events of 9/11, as well as remembering and praying for the thousands who perished on that day. Scanning the Twitter and Facebook feeds of my friends, I’ve seen competing impulses. Most people’s posts […]
The [Ninth Circuit] seems to have cherry-picked the aspects of our opinions that gave colorable support to the proposition that the un-constitutionality of the action here was clearly established. Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments about open legal questions. When properly applied, it protects ‘all but the plainly […]
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I have not the slightest doubt that it was entirely appropriate for U.S. forces to [take out Osama bin Laden]…. I must say I was proud of the SEALs. — Justice John Paul Stevens, in remarks made yesterday at a dinner in Chicago. (Recall that Justice Stevens served in the Navy during World War II.)
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, […]
* 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] * Actually, that’s not true — The Cooch has Clement’s back (twhs), Tweeting all the misspelled and hilarious punchlines that are […]
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 […]
Law firms and legal departments are writing the future of the profession in separate rooms. What happens when they actually work together?
As you might have heard, United States special forces killed Osama Bin Laden. Let’s take a moment to be happy about that, but also to remember Bin Laden’s many, many victims. Thank God he was killed, not “captured.” If he had been captured, there would have been some kind of trial. Some kind of fake, […]
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 […]
* 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] * A litany of legal challenges faces the Obama administration now that they’ve backtracked […]
* 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 […]
* 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] * Utah’s new immigration laws will create a legal storm. El Niño! Spanish for The… Niño! [USA Today] * Lilo finally starred in another movie, and former wet poodle […]