On the Legality of Assassination by Flying Robot

A long but interesting (as well as horrifying) court decision pertaining to our government’s secret legal justifications for its extrajudicial assassinations by flying robot, the world over.  The judge is clearly infuriated by the situation.  Many thanks to the ACLU and my senator Mark Udall for fighting to get this stuff out in the open.

The FOIA requests here in issue implicate serious issues about the limits on the power of the Executive Branch under the Constitution and laws of the US, and about whether we are indeed a nation of laws, not of men.  The Administration has engaged in public discussion of the legality of targeted killing, even of citizens, but in cryptic and imprecise ways, generally without citing to any statute or court decision that justifies its conclusions…

However, this Court is constrained by law, and under the law, I can only conclude that the Government has not violated FOIA by refusing to turn over the documents sought in the FOIA requests, and so cannot be compelled by this court of law to explain in detail the reasons why its actions do not violate the Constitution and laws of the US.  The Alice-in-Wonderland nature of this pronouncement is not lost on me; but after careful and extensive consideration, I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules … I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for their conclusion a secret.

Fluid norms or Meta-ideology

Steve Randy Waldman takes Krugman and the US left-of-center more generally to task for their implicit assumption that our national ideological stage is somehow not subject to being shaped over time.  Casino games and sport have fixed rules.  Politics does not.  Somehow, many positions that even Nixon was supportive of in 1970 would now be laughed out of congress as socialist.  Trying to get things done within the apparent current constraints is not necessarily as pragmatic as trying to change the rules over time.

Links for the week of June 17th, 2010

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Continue reading Links for the week of June 17th, 2010

Shared Links for Mar 11th

  • The Missing $1,000,000 Tax Bracket – There's a fair amount of debate over what the "top marginal tax rate" should be, but it's infrequently noted that there's actually vastly more variation in the income threshold at which that rate becomes applicable. In inflation adjusted dollars, it's fluctuated between around $80,000 (Regan) and $80,000,000 (!) during the Depression. Ignoring this while debating the highest income tax rate is kind of absurd. (tagged: usa tax policy )
  • True Traffic Tales – Ah, bikes and cars living harmoniously together. (tagged: cartoon bicycle transportation )
  • Evangelical Climate Initiative – A Christian take on climate change, given its reality, what is the appropriate response for a conscientious person of faith? From my point of view as an atheist, it's not so important what other peoples' motivations are for taking action, as long as they take action. I'm curious how this has been received by the evangelical movement. (tagged: religion climate science christian green )
  • Sailfish Cooperating to Hunt Sardines – I had no idea sailfish were so colorful (and changeable), let alone this cooperative. Glad National Geographic still exists, even if our maps no longer have "Terra Incognita" on them (tagged: fish cooperation nature )
  • Communicating the Second Premise: Whether Obama or Bush, Values Drive Science Policy Decisions – A good look at the division between science facts/findings and science policy in the context of stem cell research and Bush's vs. Obama's take on it. Facts alone do not imply any "shoulds". We need values to tell us what's right or wrong. Sometimes those values are so obvious we don't even think about them, and sometimes they're not, especially when new and poorly understood technology is involved. (tagged: science policy obama bush stemcells biology )