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Eventually this will go to the Supreme Court but a district court upheld keeping the memo secret but wrote, "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."

The NY Times and ACLU (give/join your state's ACLU!) will appeal the decision.

Pretty sad opinion.  I wish those of us who were alarmed by President Bush permitting the torture of suspected foreign terrorists in US custody would be as vocal in their opposition to the Executive ordering the killing of US citizens without judicial review.    

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Comment Preferences

  •  It all goes together, logically. (1+ / 0-)
    Recommended by:
    johnny wurster

    If the government kills people as a substitute for legal action, then it's arguably an ersatz-legal process (not in the sense of legal=legitimate, just in the sense of crime-and-punishment) and there can't be secrecy about those guidelines.  But if the government kills people as a military action, which I believe is the government's argument, then the secrecy of the guidelines is as right-and-proper as maintaining other operational secrets.  As the movie reviewers once liked to say, "buy the premise, buy the flick."  Personally I buy it, but I recognize that others might not; it is, however, pretty coherent.

    You know, I sometimes think if I could see, I'd be kicking a lot of ass. -Stevie Wonder at the Glastonbury Festival, 2010

    by Rich in PA on Thu Jan 03, 2013 at 07:56:02 AM PST

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