Meet the New OLC, Same As the Old
The Cato Institute's Gene Healy has some sharp words for the Obama administration's Office of Legal Counsel, which just rubber stamped the president's undeclared war on Libya:
Last week, the Obama Justice Department's Office of Legal Counsel released its formal opinion on the President's "Authority to Use Force in Libya." OLC is the professional corps providing advice to the president on the legality of his actions, and it's a much-coveted berth for ambitious lawyers. But, reading the memo over (it's officially dated April Fool's Day—make of that what you will), it occurred to me that, personally, I'd sleep better at night as in-house counsel for Fannie Mae or Archer Daniels Midland.
Though the Office is supposed to help the president "take Care that the laws be faithfully executed," OLC lawyers typically end up telling their immediate employer, "why, yes: the action you've already decided to take turns out to be perfectly constitutional." The Libya memo perfectly illustrates that dynamic.
Read the whole thing here. More on Obama's Libya adventure here. Healy on the cult of the presidency right here.
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Wipe your ass with it. Shit. Repeat.
But, Gene, baby, don;t you realize that Obama is a Constitutional scholar? Oh, and literary genius. And renaissance man.
I want that job. My inkpad would dry out before I ever considered stamping approval on anything.
You'd also need some means of keeping the position after pissing off the President.
Simple: the Order that fires me never gets legal approval either.
Clearly, you would suck at that job.
"Simple: the Order that fires me never gets legal approval either."
You realize it's just an advisory role, right? If you tried something ridiculous (or principled) the president would ignore you as would the rest of the establishment.
No, I didn't realize that. So, now it's clear that I would never accept a job where all my 'product' would be tossed in the garbage can.
Hey, at least I can rest assured that I won't be among the 1st hundred-or-so up-against-the-wall once the executions start.
Well said. That's a point I've been trying to make for some time, to no effect. In fact, we've seen the last two supreme court nominees saying the opposite - that legislative intent and precedent determine constitutionality. (the notion that if congress determines that a given law is constitutional, then by definition it is. This kind of deference is exceedingly dangerous.) I'd argue that if your only job is to determine constitutionality and you claim that you'd abdicate that responsibility during your job interview (confirmation hearing), well, you are manifestly not qualified for the job.
Back in 2008, I got into a few arguments with people over Obama's "constitutional scholar" credentials.
The folks I argued with are now mostly bitter and regretful, with a few unicorn-hope-change holdouts. One of the holdouts has taken the interested technique of dealing with Obama's continued drug war persecution by denying that it's happening (no DEA raids, etc). He wanted so badly to believe that an angel in the form of a king was going to be elected President.
Sometimes I really despair for mankind.
Should all "wars" be this non-invasive!
Bushpigs, learn from this. And John Bolton, you butt-munching cocksucker, you especially!
You really are just an absolute TEAM BLUE sycophant cocksucker, aren't you, shriek. You hypocritical scumbag. And you wonder why you get laughed at.
Soon you'll see who's mas macho, Wubya or Yo. Shreek when are you going to enlist in Bloody Barack's AfrikaKorps to provide boots on the ground.
WE WANT YOU!
SHrekkie you are a war-mongering cunt.
What, Shrike, no love for us lately? That hurts, man. That really hurts.
1) Impeach the President of the United States for egregious and unequivocal violation of the presidential oath of office, unlawful and treasonous suspension of the Constitution of the United States in the establishment and execution of policy, and actively pursuing the practical unification of the three branches of government for the purposes of subterfuge and intentional expansions of executive authority and power.
2) Execute the President of the United States for treason.
3) Dissolve the current Congress of the United States, hold a 2-year electoral cycle for the literal refreshment of the republican government.
4) Restore and remain perpetually faithful to the grand Republic of the Founders.
God, pipe-dreams are sometimes so damned awesome, don't you guys agree?
""4) Restore and remain perpetually faithful to the grand Republic of the Founders.""
Sure. But to do that you need to go back to the way the President and Senators were elected.
Yeah, but that's another pipe-dream, and I don't see that happening anytime soon. Still, that, too, is an awesome pipe-dream.
"4) Restore and remain perpetually faithful to the grand Republic of the Founders."
Why bother? I was planning on buying citizenship in a franchulate. Maybe Valve, or Google, or Koch Industries, or all three if it isn't too pricy. My wife will probably want citizenship in Whole Foods, though.
God, pipe-dreams are sometimes so damned awesome, don't you guys agree?
Set down the pipe for a minute....so I can gank that shit yo
Wubya and I love to compare our Nobel Peace Prizes.
Aside from the fact that these guys are hired for no other purpose than finding legal cover for whatever the administration wants to do, they probably know damned well that, if they told the POTUS that what he did was illegal, they'd probably be looking for a new job the next morning.
thank you
Here's an easy way to say the Lybian bombings are constitutional: We signed a treaty (passed by the Senate and signed by the President) to join the UN and obey it's resolutions. The UN passed a resolution authorizing the Libyian miltary action. Therefore, we were merely following said treaty.
hi