Author Archives: Michael Froomkin

An Account of an NSA Job Application

Via Majikthise (nice blog), I find Interviewing with the National Security Agency, which purports to be an inside account of the lengthy process required to get hired by the NSA.

While my opinion of the CIA is pretyy low, my opinion of the NSA is much higher. It's not just that they have good taste in lawyers or that the folks they send to meetings seem smart and sensible, but that from what one hears their work contributes to US security, and maybe even world peace. (Unlike the CIA, for which I have my doubts about both.)

Posted in National Security | 1 Comment

I Agree With Lynn Nofziger (About Cheney Giving Orders)

It isn't often I agree with Lynn Nofziger, but today is one of those days. Well, mostly. Nofziger muses,

I keep wondering. Was it constitutionally proper for Vice President Cheney to order Air Force jets to shoot down high-jacked passenger planes? Or was he exercising authority that belongs solely to the president.

Yes, the president apparently gave him permission to issue the order. But how did the Air Force generals know? The fact is, they didn't. they had to accept Cheney’s word.

In this instance and under those particular circumstances it was probably all right. But it seems to me that this sets a dangerous precedent.

In the future what is to prevent an overly ambitious vice president or one who is at odds with the president from picking up the phone and issuing orders which, if carried out could result in the death of the president.

Not possible, you say. Who would have thought the events of nine/eleven were possible? Not likely is better. But not likely events occur every day.

It seems to me that the person who should have issued the order was the commander in chief, President George W. Bush. If he could talk to Cheney he could talk directly to the military, leaving no doubt who was in charge.

I think that was the voice of inexperience at work. I don’t think it will happen again.

The last paragraph strikes me as too charitable, but otherwise, I pretty much agree.

Posted in National Security | 14 Comments

Shorter Harvard Federalist Society

Shorter Eric Soskin, Harvard Federalist Society, writing in Ex Parte:

Given that Iraq had nothing to do with 9/11, Bush's official statement to Congress (a certification required by law as a precondition for force), that invading Iraq was “consistent with” a resolution that authorized force against “international terrorists and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001” wasn't “unambiguously false” but just legalistic and misleading—so why is everyone getting so worked up about it?

I think the guy has a future in the OLC if Bush is re-elected.

[Update (6/22): A read writes to complaint about the "re-". Point taken.]

Posted in Politics: US: GW Bush Scandals | 1 Comment

Phil Carter Notes Probable Jurisdiction

Phil Carter points out that the Patriot Act usefully expands US criminal law jurisdiction to sweep in “crimes committed by or against any U.S. national on lands or facilities designated for use by the United States government”:

Sure enough, Sec. 804 of the USA PATRIOT Act … amends 18 U.S.C. 7, also known as the “special maritime and territorial jurisdiction” statute of federal criminal law, to include U.S. military bases and embassies outside of the U.S. Here's the relevant text of 18 U.S.C. 7

Of course, this is of no great value to parties wishing to file civil law suits, and the odds that a US Attorney is going to start investigating Guantanamo seem pretty low. Prosecutions at Abu Ghrabi are firmly in the hands of the military justice system, and it's too soon to tell whether the military honor reflex or the military cover-up reflex will dominate.

But, as noted on Intel Dump, this amendment has borne fruit in the prosecution of a civilian contractor in Iraq for an assault that lead to the death of a CIA detainee. Update: Washiington Post explains the background to the prosecution.

Posted in Guantanamo, Iraq Atrocities, Law: Criminal Law | 1 Comment

Smash The Ticking Time Bomb!

By The Power of Stipulation: I Have The Power!: Belle Warring at Crooked Timber's demolition of the TABNY scenario is much more enthusiastic than mine.

I am sick and tired of hearing about that ticking nuclear bomb in Manhattan. You know the one. Why? Because, if you let me put my thumb on the utilitarian scales, I can get you to agree that you have an affirmative moral duty to torture a three-year-old child to death.

I will utilitze my mighty powers of stipulation, thusly: the earth is invaded by a race of super-intelligent, but malevolent beings.

Go read the rest.

Posted in Readings | Comments Off on Smash The Ticking Time Bomb!

Why Brad DeLong is Not a Political Scientist

Brad DeLong has been doing a very very good line in posts directed at “Republican Grownups”. Although something of an endangered species, recent events prove that they are not in fact mythical beasts.

But Brad's latest, It's Not too Late for the Grownup Republicans demonstrates why, while he's a great economist, he'd be miscast as a political scientist:

It’s not too late for the grownup Republicans to act. There’s
still time for the House and Senate Republican caucuses to go to Bush
and force his and Cheney’s resignations. Then Hastert and Stevens can
decline the job, and the presidential succession passes to Colin
Powell.

This then gets us a president who:

  1. is a Republican.
  2. certainly does not have a smaller chance of winning in November than George W. Bush.
  3. would in all probability be good at the job.

It’s what would have already happened to any political leader in a
parliamentary system. It’s what the grownup Republicans owe the
country. And it may well be to the partisan political advantage of the
Republican Party to close down the current Clown Show as quickly as
possible.

On the one hand, yes, this would be an optimal solution for the nation, and probably for the Republicans (if you believe as I do that they look increasingly doooooooooooomed in the next election…although 'a week is a long time in politics' and the election is not next week).

On the other hand, while Brad's plan is good for the nation, it is so Not Going To Happen.

1. W is not a listening kind of guy. Any grownup who gets an audience with him will get the Wrath of W, not an attentive audience. And the Bush clan remembers its grudges.

2. Even if W goes, and even if Cheney passes up the chance to have the trappings of power as well as its reality, the chances that the hyper-ideological duo of Hastert and Stevens would (a) swallow all their personal ambition and (b) step aside for Traitor Powell (as they must surely see him) is so small we need a new number to describe it.

Of course, Brad knows this, so I suppose he's mostly jesting (and the part that isn't jest is wishful thinking), and by so doing demonstrating what a bind the dwindling band of mostly elderly Republican grownups find themselves in. Their choices are to sit back and do nothing, which is nearly criminal, or to commit party treason for which they will never be forgiven in their lifetimes.

Where are the Republican grownups? Mostly still in hiding.

PS. Why do I say this post shows why Brad isn't a political scientist? Because he bows in the direction of a parliamentary system. In fact, Parliamentary systems are like Republican-dominated government all the time. No checks and balances even on the good days. Yes, they can depose the irrational leader (e.g. the takedown of Thatcher). But that actually takes a very long time to happen. And parties in those systems often run awful leaders in elections (Michael Foot, William Hague, for example).

Meanwhile, the party majority votes in lockstep for fear of loss of preferment (poll tax!). No thanks.

UPDATE: Drezner has ideas, but they won't lead to results either…

Posted in Politics: US: 2004 Election | 10 Comments