07/01/11
Stop Complaining About Harold Koh's Interpretation of the War Powers Act Eric Posner *|FACEBOOK:LIKE: http://www.tnr.com/article/politics/91166/harold-koh-war-powers-john-yoo-libya|*
Harold Koh and John Yoo are two peas in a pod, except that Yoo is the right-wing pea and Koh is the left-wing pea. Yoo, a Justice Department lawyer during the Bush administration, interpreted “torture” narrowly in order to advance a constitutional agenda in which executive power has primacy. This interpretation permitted the Bush administration to use harsh interrogation tactics on suspected members of Al Qaeda. Koh, the legal adviser for Obama’s State Department, has now interpreted “hostilities” narrowly in order to advance a constitutional vision in which international norms and institutions play a role. Under Koh’s interpretation, Obama can keep troops in Libya despite apparently contrary provisions in the War Powers Act.
Many observers assumed that Koh and other lawyers appointed by Obama would repair the damage to the rule of law caused by Bush lawyers like Yoo—not follow in their path. Yet now, both Yoo and Koh have kicked up dust storms among law professors and other commentators who believe that the two lawyers distorted the meaning of a clear statute in an obvious way, and hence in defiance of Congress. These critics, however, are misguided.
Continue reading "Stop Complaining About Harold Koh"
Why I Miss Sandra Day O'Connor Eric Reeves *|FACEBOOK:LIKE: http://www.tnr.com/article/politics/91146/sandra-day-o-connor-supreme-court-alito|*
How Thirteen Buses, One Mystical Poet, and Thousands of Protesters Ended Mexico's Silence on the Drug War Elizabeth Dickinson *|FACEBOOK:LIKE: http://www.tnr.com/article/world/91149/mexico-ciudad-juarez-drug-cartel-caravan|*
Messages In This Digest (13 Messages)
- 1.
- French Arms Deliveries Violation Of UN Resolution: Russia From: Rick Rozoff
- 2.
- Saudis Tell NATO Of "Untold, Dramatic Consequences" Regarding Iran From: Rick Rozoff
- 3.
- Singapore Troops Decorated For Serving NATO In Afghanistan From: Rick Rozoff
- 4.
- NATO's Caucasus, Central Asia Representative Headed To Azerbaijan From: Rick Rozoff
- 5.
- Libya: 13,324 NATO Sorties, 5,005 Strike Missions From: Rick Rozoff
- 6.
- NATO Preparing Ground Operation In Libya: Russian Envoy From: Rick Rozoff
- 7.
- NATO Chief: Main Objective Is To Topple Libyan Government From: Rick Rozoff
- 8.
- Afghan War, Caspian Energy: U.S. Strengthens Ties With Turkmenistan From: Rick Rozoff
- 9.
- Russia Warns Of New Arms Race If Missile Talks With NATO Fail From: Rick Rozoff
- 10.
- Russia: NATO Breaches International Law In Libya From: Rick Rozoff
- 11.
- Caspian Energy Strategy, Afghan War: U.S. Partnership With Azerbaija From: Rick Rozoff
- 12.
- Russia To Deploy Troops To Defend Interests In Arctic: Defense Minis From: Rick Rozoff
- 13.
- Half Century Anniversary Of NATO Integrated Air Defense System From: Rick Rozoff
