Pick Wayne's Brain

February 9, 2013

The Right Frame of Mind

Filed under: Commentary — Tags: , , , , , , , , , — Wayne A. Schneider @ 5:03 AM

As usually happens when a re-elected president begins a second term (and this is the first time since Jefferson-Madison-Monroe that we’ve had three consecutive two-term presidents) many of the people who served during the first term leave and new people get picked to replace them. Many of these replacements need to get confirmed by the US Senate, and it was during one of these recent Senate confirmation hearings that the subject of our nation’s use of unmanned drones was discussed, specifically their use against American citizens. It’s a very controversial subject. [NOTE: In the interests of full disclosure, I should point out that I am not a lawyer, nor do I play one on TV. I have never taken a law class nor attended a law school (though I used to fix copiers in one.) But none of those things should matter because, well, you’ll see where I’m going with this.]

The nominee in question, John Brennan, appointed to replace Leon Panetta as the Director of the Central Intelligence Agency (or NAMBLA), was being asked about a report by NBC’s Michael Isikoff regarding a Department of Justice White Paper that laid out the legal reasoning behind why it was felt the president had the legal and constitutional authority to order the assassination of a US citizen in another part of the world. Not just any citizen. The person in question had to be (more…)

January 30, 2010

An Unjust Finding

According to a report by Newsweek’s Michael Isikoff and Daniel Klaidman, the two principle Bush Administration Justice Department lawyers responsible for creating the so-called “torture memos” will not be given as severe a reprimand as they deserve.

Previously, the report concluded that two key authors—Jay Bybee, now a federal appellate court judge, and John Yoo, now a law professor—violated their professional obligations as lawyers when they crafted a crucial 2002 memo approving the use of harsh tactics, say two Justice sources who asked for anonymity discussing an internal matter. But the reviewer, career veteran David Margolis, downgraded that assessment to say they showed “poor judgment,” say the sources. (Under department rules, poor judgment does not constitute professional misconduct.) The shift is significant: the original finding would have triggered a referral to state bar associations for potential disciplinary action—which, in Bybee’s case, could have led to an impeachment inquiry.

If this stands up (more…)

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