War on Terror

Kid who didn't do as well as his parents.

* 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 fit to print. [The Virginian-Pilot]

* 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]

* I don’t want to intrude on Lat’s beat here, but Ponzi schemer Scott Rothstein’s pad sounds pretty nice. Bet it even has a foyer, whatever the hell that is. [WSJ Law Blog]

* 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.)

double red triangle arrows Continue reading “Quotes of the Day: Did ‘Torture’ Contribute to the Finding of Osama Bin Laden?”

I don't think anybody needed to hear testimony from this guy.

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, 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….

double red triangle arrows Continue reading “No Trial For Osama Bin Laden A Gift For All Americans”

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]

* 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]

* If you ever read the warnings on your prescriptions, I think this is what you’ll see (by Jeremy Blachman). [McSweeney]

* There is an epidemic of people slamming automobiles into legal structures. [ABA Journal]

* Stephen Colbert interviews a former Cravath attorney, Roy Den Hollander. I wish Colbert would do a “better know a law firm” series. [The Careerist]

* From Skadden to Dickstein Shapiro to stay-at-home mom. [But I Do Have A Law Degree...]

* This April Fool’s Blawg Review is no joke. [Fools in the Forest via Blawg Review]

* How would you describe a typical day in the life of an associate? (Hint: it’s a trick question.) [YouTube via Schola2Juris]

Lindsay Lohan

* 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 perm enthusiast Marcia Clark is here to break it down for you. [Entertainment Tonight News]

* Hiring partners have entered the U.S. News rankings fray. Number 1? Yep, Cooley. [U.S. News & World Report]

Charlie Sheen

* 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]

* Charlie Sheen’s attorney isn’t wasting any time fighting Tiger Blood’s dismissal from that show he starred in with Duckie and the lumpy kid. [Hollywood Reporter; New York City Employment Lawyer]

* 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…

double red triangle arrows Continue reading “Musical Chairs: A Brooklyn-Bound Beauty”

[T]he imperatives of law enforcement distract soldiers and intelligence agents from their primary war-fighting mission. We don’t want our soldiers pausing on hostile battlefields to read detainees Miranda warnings, take down witness statements, and collect evidence in plastic baggies. They should remain focused on finding and killing al Qaeda terrorists.

– Professor John Yoo, in an op-ed in today’s Wall Street Journal.

Ed. note: This post is by “The Gobbler,” one of the two writers under consideration to join Morning Dockette as a Morning Docket writer. As always, we welcome your thoughts in the comments.

I was asked to cover the lawsuit filed yesterday by the ACLU against the Obama administration regarding its policy of keeping a “kill list” and, to a larger extent, following up on it. Ashby Jones does a workmanlike summary of the basics here, providing links to background, discussion, and the complaint. Rather than rehash the facts, or lead a discussion of the latest embarrassingly naked moment in America’s long history of civil-rights-shrinkage during dips in the wartime pool, I thought I’d get creative. Sorry.

What follows is a screenplay depicting the rocky relationship between Mr. Anwar al-Aulaqi (pictured), the first American citizen added to the CIA’s naughty list; the ACLU, which, on Anwar’s behalf, alleges that the list and any action thereon violates several sections of the Constitution and international law; and the American Government. As the title suggests, it’s based on the plot and dialogue from Wedding Crashers. Christopher Walken will play the role of America, with Keir O’Donnell (a/k/a “Todd”) playing the role of Anwar. The supporting cast, in order of appearance: Vince Vaughn as ACLU, Owen Wilson as Center for Constitutional Rights, Ellen Dow (think “Rapper’s Delight” in The Wedding Singer) as Righty Conservative, Isla Fisher as Treasury, Bradley Cooper as District Court and Rachel McAdams as Court of Appeals.

double red triangle arrows Continue reading “The ACLU, Suspected Terrorists and American Policy on Killing Them — A Wedding Crashers Screenplay”

The reality is that we will be reading Miranda rights to the corpse of Osama bin Laden.


– Attorney General Eric Holder

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