Monthly Archives: January 2006

Is ‘Yoo Recording’ A Fake?

Yesterday I quoted from what purports to be a transcript of a debate John Yoo took part in on Dec. 1, organized by the Chicago Foreign Relations Committee, and linked to what purports to be a recording of the talk. The opinions expressed are so crazed that I said, “Let us pray this is a fake.” And I meant it.

Perhaps that prayer is being answered. Or perhaps not. I’ve now heard — but only second hand — from an attendee that in fact no such comments were made at the talk. But this debunking is not, I gather, for attribution. So I don’t know what is going on.

More info if and as soon as I get it.

Posted in Torture | 2 Comments

‘Young Turks’ Tonight

I’m going to be on Sirius Satellite Radio (nothing but the big audiences for me!) tonight at about 7:05pm east coast time, talking about the “Unitary Executive,” or how to decode Judge Alito when he says “if it’s unconstitutional, then the President can’t wiretap you in defiance of a statutory command” [translation: he hasn’t said anything, since he believes in a theory that says it is (sometimes? often? always?) constitutional anyway].

The show is called Young Turks and carries the slightly ominous subtitle “We Don’t Make the News. We Make the News Sexy!”

How on earth they will achieve that with me I can only nervously imagine. But for those who, like me, don’t have a Sirius Satellite Radio (‘Howard who?’), or even a joke one, I’m told you can listen to the live online feed.

Posted in The Media | 1 Comment

Egyptian Fax Leaks Evidence of Secret CIA Prisons In Eastern Europe

Leaked fax ‘shows Romania helped CIA interrogators’:

An Egyptian government fax intercepted by Swiss intelligence offers the first “real evidence” that the US interrogated suspected terrorists at secret prisons in Eastern Europe, European politicians said yesterday.

The highly-classified fax, purportedly sent late last year by Egypt’s foreign minister, Ahmed Aboul Gheit, to its embassy in London, was leaked to a Swiss newspaper on Sunday.

Egypt has not confirmed the authenticity of the fax. But MEPs described it as “a hugely significant step” when angry Swiss authorities confirmed the leak was based on a communication intercepted by a top secret surveillance system, known as Onyx.

The Romanian defence ministry “categorically” denied the content of the latest leaked Egyptian fax. According to Swiss media, the fax went on: “There are similar interrogation centres in Ukraine, Kosovo, Macedonia and in Bulgaria.”

Posted in Torture | 2 Comments

Reductio ad Absurdum

Via the King of Zembla:

Witness the following exchange, from a Dec. 1 debate between [UC Berkeley Professor John Yoo] and Doug Cassel, posted at Revolution Online:

CASSEL: If the president deems that he’s got to torture somebody, including by crushing the testicles of the person’s child, there is no law that can stop him?

YOO: No treaty.

CASSEL: Also no law by Congress — that is what you wrote in the August 2002 memo…

YOO: I think it depends on why the President thinks he needs to do that.

(If you doubt the authenticity of the exchange above, as you must if you are sane, streaming audio may be heard heard here; a longer version, including a six-minute Q&A session, is here.)

Let us pray this is a fake. [UPDATE 1/11/06: It might be.] Meanwhile, seems like a question to ask Alito. Surely he wouldn’t say this was something likely to come before the Court? Would he?

Posted in Torture | 2 Comments

Big Fish, Small Puddle

Apparently, as law blogs go — if this is a true law blog any more than Is That Legal? which gets excluded — discourse.net is a popular blog (by all measures).

As I noted in a private comment to the original count at Opinio Juris, I think we should not take these measures too seriously. For one thing, they ignore readers via RSS feeds; I know many of you, like me, read most blogs via a newsreader. (FeedBurner claims there are about 750 850 of you, but that’s just an estimate.) I give a full text news feed because I prefer readers to hit counts. If counts matter — and why exactly do they matter? Isn’t writing style, or quality of ideas what we in the academy should be praising in our top 10 lists? — one might, for example, want to at least distinguish between blogs with a full text feed and those without.

However these words find you, thanks again for a few minutes in your busy day.

Posted in Discourse.net | 2 Comments

US Reading Your International Snail Mail

U.S. opening some private mail in terror fight. Although the article is less than totally clear, this doesn’t appear to mean that letters are being opened for fear they contain something dangerous like anthrax or explosives. No, if I understand it, they’re being opened to read them

When Customs “deem it necessary to protect the country from terrorism,” i.e. when they choose, they open international mail coming into the US. Apparently this is not limited to packages, but includes personal letters.

I don’t know if this is consistent with current (statute) law. As for the constitutional issue, there are surprisingly few rights at the border for people, goods, or even ideas. I have always believed that the First Amendment should be read to cover exchanges of views between a US person and a foreigner; the courts have not always been so clear on that. Similarly, ordinary fourth amendment rights against search have been held not to apply to customs, which as I understand it can search just about anyone they please. At the border we’re all suspects. And so too now, it seems, are our letters home.

Posted in Civil Liberties | 2 Comments