Balkinization  

Saturday, June 26, 2004

Legal Scholars Assess the Torture Memos

JB

Several legal academics, including Cass Sunstein and myself, are quoted in this New York Times article by Adam Liptak on the OLC and Defense Department torture memos. Cass, by nature a gentle soul, does not mince words here: "It's egregiously bad. It's very low level, it's very weak, embarrassingly weak, just short of reckless." John Yoo, who worked at the OLC when the memos were written, dismisses the criticisms, saying they were mostly "political rather than legal."

Beyond the simple incompetence of these memos, however, is their misunderstanding of the duties of Justice Department lawyers. The Justice Department does not represent the President. It represents the nation. The Justice Department, and particularly the OLC, is not supposed to tell the President how he can get away with whatever he wants to get away with. Rather, its job is to explain to the President how to ensure that the laws be faithfully executed, as the U.S. Constitution puts it. These memos fail that test. Indeed, they go out of their way to make questionable claims about the scope of the President's power, arguing at one point that far from having a duty to faithfully execute the laws, the President is not bound by them at all. These memos do not read as if the authors were acting as counsel for the nation. They read as if someone in the White House told them to write a memo that stretched the law as much as possible in order to conclude that the President can do whatever he wants.

These memos make bad legal arguments. But quite apart from their incompetence, they are also bad lawyering; they misunderstand the ethical role of the government lawyer.


Comments:

I wonder if the torture memos have prompted any second thoughts from Mark Tushnet, who argued in Taking the Constitution Away from the Courts that the constitutional interpretation from the executive and legislative branches should be given more weight.

On the one hand, it strengthens his argument that conceiving constitutional interpretation as the sole province of the judiciary weakens the perceived responsibilities of the other branches to defend the constitution.

On the other hand, do we really want to give any credit to institutions that are capable of acting this badly? Of course, given the quality of opinions coming from the Supreme Court lately (Cheney), it might not be much better.
 

www.nwcleasing.com offers the lowest rate financing on refinance What ever your financial situation, refinance can help. We even have a special loan program that can put money in your pocket within 1 hour of applying. Apply online today and see just how quickly we can get you approved regardless of your past credit. Rates start as low as 4%, apply today.
 

Hey, nice info! I'm definitely going to bookmark you!
I have a free credit check site. It pretty much covers free credit check related stuff.
Come by and check it out later :-)
 

Nice blog. Please check out my oklahoma lawyer site. It is all about oklahoma lawyer informations.
 

Hey, you have an interesting blog here! I'm definitely going to visit often!
I have a goverment student loan consolidation site. It pretty much covers goverment student loan consolidation related stuff.
check it out if you get time :-)
 

~~>Explosive New Credit-Repair<~~
Like Magic get rid of your debt problems
So You can get on with your Life
student loans
Get your Credit Problems Fixed Now!
student loans
 

Yahoo News

Microsoft, Yahoo Reportedly Ready To Link Instant-Messaging Services (TechWeb via Yahoo! News)
Microsoft and Yahoo are expected to announce Wednesday interoperability between each other's instant messaging service, a move that could dramatically change a market that's been dominated by America Online Inc., a newspaper reported.


Today's News From & About Yahoo


cc Infopage: 30,000 daily updated Information Pages about all kind of subjects


PS: To get more, just click the links
 

Wow....I really like this post. va home loan refinance talks mostly about income locator opportunity.
You should check it out sometime.
 

Hey, good stuff!
I have a business credit reportsite. It pretty much covers business credit report related stuff.
Check it out later :-)
 

Hi,
Do think you could get a banker's desire to force money into your laps?

american honda finance corp enligtens about american honda finance corp
 

I found your site on credit rating quite useful. I also have a site about credit rating that you may find useful also. Please feel free to check it out and let me know what you think
 

Hello, just visited your blog, it's geat. I also have a bad credit home equity loan related blog with some useful articles about the topic. Hope that it is helpful to you.
 

Nice post. I also have a site talking about credit related issues http://mortgage.27days27gurus.com/ . Take a look if you have time. credit reporting agency
 

Learn from the past
by: colorado debt consolidation loan

Everyone has failures or mistakes
from the past. To have success,
you need to learn from your past
and value those difficult lessons
but do not every dwell on the past.
Simply move forward and make better,
more educated decisions from the
lessons learned.

colorado debt consolidation loan
 

Nice real estate loan blog. I found this real estate loan site interesting. You should check it out... **LoanLearner**
 

Just read your starting a business blog. Very interesting, I will be sute to bookmark it. Perhaps if you get time you could visit my starting a business site at starting a business
 

get a free digital camera at camera digital free
 

Hey, you have a great blog here! I'm definitely going to bookmark you! I have a debt consolidation help Site. It pretty much covers debt consolidation help related stuff.
 

You have an interesting blog here. Some of the things people put are kind of strange. Another cool site is a site that is about free credit repair info stuff.

Anyway, I like your blog and will proably be back.
 

I just came across your blog about home loan refinance and wanted to drop you a note telling you how impressed I was with the information you have posted here. I also have a web site & blog about home loan refinance so I know I'm talking about when I say your site is top-notch! Keep up the great work, you are providing a great resource on the Internet here!
 

Nice blog feel free to check out mine my blog talks about home improvement loan the link is here home improvement loan you can find some good information when looking for a home improvement loan
 

Wonderful thank you which was consulted very much

But in blog of my site, when that has been written about information business should drop in freely.

monkey business
 

I find your blog very informative, I was looking for debt consolidation related info and found you. :)

Debt007a
Home Equitys FAQs
 

I discuss this topic daily myself. I also have a website that talks about home based business opportunity seeker related things. Go check it out if you get a chance.
 

Just visited your blog, it's great. I have a jobs seeking website which is informative and you can find info of different job natures, hope that it will be useful in your job seeking
 

Your site about free cell phone no credit card required blog is very inspiring. I'll make related content about free cell phone no credit card required at my free cell phone no credit card required site soon.
 

Debt Management, Consolidation Loans & Elimination Programs

It's time to do something about your debt. Millions of Americans have a wallet full of credit cards--plus expensive personal loans, auto loans, second mortgages and more. you're tired of paying 10%, 15%, 19% and more on your credit cards, auto loans, personal loans and other types of credit, today is the day to wipe the slate clean and start over. A debt consolidation loan can lower your interest rate, combine all your accounts into just one convenient monthly payment and give you some extra breathing room in your budget. You'll save money now - and at tax time too (be sure to consult your tax advisor for details.)

With mortgage interest rates the lowest they've been in decades, now is the perfect time to refinance your home and pay off all those nagging bills. You can count on America's Lending Partners FREE service to help you lower your interest rate, pay off those nagging bills and cut your monthly payments by as much as $300, $450, even $500 or more.

Start your request at left. Then, we'll match your profile with our nationwide network of lenders. You'll get up to 4 great offers from some of the most prominent and respected refinance debt consolidation lenders in America...each presenting their absolute best loan offer to win your business

Do not wait any longer; now is the time to take charge of your debt situation. Feel free to brows our site for more information, or for a free, no obligation debt quote, fill out a quick response form on your left, or click here for a free debt quote.




If your in debt... you're not alone. Today, millions of Americans are having difficulty paying their debts. Most of those in financial distress are middle income families with jobs who want to pay off what they owe.

Now is the time to act! Doing nothing can lead to much larger problems.

CLICK HERE FOR A FREE DEBT QUOTE. ONE OF PARTNERS WILL CONTACT YOU TO DISCUSS A PERSONAL DEBT SOLUTION THAT WILL FIT YOUR NEEDS.

Free Loan Request - Get Up To 4 Loan Offers!

**** You must own a home to qualify for this service. ****
 

Hi, thanks so much for every little bit of information you have provided here. I constantly look up all information concerning work at home opportunities I'm amazed by how much I can earn online :-) Thanks again. work at home opportunities
 

Hi Blogger! Ik ben op zoek naar een geldlening Zou Afab echt zo goed zijn als iedereen beweert? Of kan ik beter zoiets als Geldshop proberen?

Groetjes Albert
 

Hi,
I have seen one site http://www.adverse-credit-home-improvement-loans.co.uk/ It helps you to find home improvement loans in any situation even if you have bad credit history like ccjs, arrears etc.

Visit: http://www.adverse-credit-home-improvement-loans.co.uk/
 

Hi, Thank you for having this info on the web. I enjoyed your post. If you may have any interest in
debt consolidation
then I know where you may get your solution. For your comfort, I have enclosed the link, so if needed you can visit the site. Thanks again for your lovely blog. credit
 

hi, you have a great site, I have a debt consolidation website. Number one debt consolidation on the Internet!
 

Een betere lening krijg je (logischerwijs) via beterlenen. Resultaat (bijna) gegarandeerd. Bij mij en veel vrienden en kenissen wel tenminste!
 

Debt Consolidation Debt Consolidation Programs can help you reduce your interest burden by charging an interest rate lower than the rate on your existing loans. Debt consolidation loan can also allow you to make small monthly payments by extending the loan period
 

Debt Help
Debt Consolidation can help you reduce your interest burden by charging an interest rate lower than the rate on your existing loans. Debt consolidation loan can also allow you to make small monthly payments by extending the loan period

Debt Help
Debt Consolidation can help you reduce your interest burden by charging an interest rate lower than the rate on your existing loans. Debt consolidation loan can also allow you to make small monthly payments by extending the loan period
 

Nice blog. Please check out my site on adverse credit car loan. Always remember Car Loans fulfill your car dream with best car loan and cheap car loans option even you have adverse credit or bad credit in uk.
 

I am
Stock-Market-Analyst
. I visit different Stock Market related blogs and sites regularly to get and creative useful information.
I liked your blog. I also regularly add Highest Quality and Profit Making idea
on What is Stock-Market-Investment
for the benefits of my clients and viewer.
Visit information site on stock Market http://www.financial-planning-retirement.com/Stock-Market.html
from an renowned Investment Planner
 

Debt Settlement
Debt Relief can help you reduce your interest burden by charging an interest rate lower than the rate on your existing loans. Debt consolidation loan can also allow you to make small monthly payments by extending the loan period
http://www.debt1consolidation.com
Debt Settlement
Debt Relief can help you reduce your interest burden by charging an interest rate lower than the rate on your existing loans. Debt consolidation loan can also allow you to make small monthly payments by extending the loan period
http://www.debt1consolidation.com
 

Debt Consolidation
Debt Consolidation can help you reduce your interest burden by charging an interest rate lower than the rate on your existing loans. Debt consolidation loan can also allow you to make small monthly payments by extending the loan period
http://www.debt-consolidation.com
 

Debt Help
Debt Consolidation can help you reduce your interest burden by charging an interest rate lower than the rate on your existing loans.
Debt Help
Debt Consolidation can help you reduce your interest burden by charging an interest rate lower than the rate on your existing loans.
 

Debt Settlement
Debt Relief can help you reduce your interest burden by charging an interest rate lower than the rate on your existing loans. Debt consolidation loan can also allow you to make small monthly payments by extending the loan period
http://www.debt-consolidation.com
Debt Settlement
Debt Relief can help you reduce your interest burden by charging an interest rate lower than the rate on your existing loans. Debt consolidation loan can also allow you to make small monthly payments by extending the loan period
http://www.debt-consolidation.com
 

CREDIT CARD DEBT HELP FREE QUOTE
Debt Consolidation
Debt Help can help you reduce your interest burden by charging an interest rate lower than the rate on your existing loans. Debt consolidation loan can also allow you to make small monthly payments by extending the loan period
http://www.debt1consolidation.com
 

Online debt consolidationcan help you pay off debts and live life once again. New article covering car title loans.
 

Do you guys know some intressting download softwares?

There are many download softwaressites, like

LEARN WORLD LANGUAGE ONLINE
antispyware
antispywares
anti spyware
anti spywares
anti-spyware
anti-spywares

anti-spyware programs
antispyware programs
anti spyware programmes
anti-spyware programmes
antispyware programmes
spyware removers
spyware softwares
best spywares
best antispywares
best anti spywares
best anti-spywares

top anti-spywares
top antispywares
top anti spywares
spyware removal
free spyware scanners
free spyware scans
free antispywares
free anti-spywares
free anti spywares
xoftspy
xoftspy se
xoftspy-se

anti-spyware reviews
anti spyware reviews

compare anti-spywares
antispyware reviews
compare antispywares
anti spyware programs
top best spywares
top best anti spywares
best top anti spywares
best top anti spywares
best and top anti spywares
best and top antispywares
best and top anti-spywares
top best and antispywares
top best and anti-spywares

antispywares
anti spywares

antispyware
anti spyware
anti-spyware
anti-spywares

top anti spywares

top anti spywares
top anti spywares

top anti spywares
top anti spywares
top anti spywares
top anti spywares
top anti spywares

best and top anti spywares
antispyware
antispywares
anti spyware
anti spywares
anti-spyware
anti-spywares

anti-spyware programs
antispyware programs
anti spyware programmes
anti-spyware programmes
antispyware programmes
spyware removers
spyware softwares
best spywares
best antispywares
best anti spywares
best anti-spywares

top anti-spywares
top antispywares
top anti spywares
spyware removal
free spyware scanners
free spyware scans
free antispywares
free anti-spywares
free anti spywares
xoftspy
xoftspy se
xoftspy-se
xoftspy se
anti-spyware reviews
anti spyware reviews
compare anti-spywares
compare anti-spywares
antispyware reviews
compare antispywares
anti spyware programs
top best spywares
top best anti spywares
best top anti spywares
best and top anti spywares
best and top antispywares
best and top anti-spywares
top best and antispywares
top best and anti-spywares
top best and anti-spywares
top best and anti-spywares
top best and anti-spywares
top best and anti-spywares
top best and anti-spywares
top best and anti-spywares
top best and anti-spywares
top best and anti-spywares
top best and anti-spywares
top best and anti-spywares
top best and anti-spywares
 

Bay Area Cannabis Clubs offers health resources to seriously ill patients in the San Francisco Bay Area.. BayAreaCannabisDoctors.com
 

BayAreaFuneralService 408-621-1271 San Jose Funeral Home - Mar 11
San Jose Funeral Home serving the whole Bay Area for all of your funeral needs: Memorial Services, Cremation servies, Graveside Services and all your ...
bayareafuneralservice.com
 

Post a Comment

Older Posts
Newer Posts
Home