tag:blogger.com,1999:blog-6926413038778731189.post8036257841236364399..comments2023-10-16T07:13:12.123-05:00Comments on A plain blog about politics: What Mattered This Week?Jonathan Bernsteinhttp://www.blogger.com/profile/15931039630306253241noreply@blogger.comBlogger35125tag:blogger.com,1999:blog-6926413038778731189.post-73753560109353621142013-03-11T00:29:28.230-05:002013-03-11T00:29:28.230-05:00Jonathan,
When you say that, as a practical matt...Jonathan, <br /><br />When you say that, as a practical matter, there are "almost no situations like that within the US," you also seem to be admitting to the principle that such a situation <i>could</i> actually occur. This is precisely the prospect that Rand was asking about... Thankfully, Holder said that it couldn't happen (assuming, of course, that Holder answered the question that was actually being asked). <br /><br />And call me a little bit cynical here, but in the context of the modern security state, that rare, almost unthinkable event, could easily become routine through either a change in circumstances or a change in the political definition of what constitutes inaccessibility. It's important to settle the principle before any of this becomes a practical reality.<br /><br />What matters the most is the political consensus in favor of civil liberties (vs. unconstitutional drone strikes), which I think Rand's actions demonstrated (I really disagree with #3 and 4 -- even one of McCain's aid's admitted that the people were against him!). If the President ever considered using drones domestically, he would be constrained by the knowledge that he would now be widely pilloried for it (and maybe even impeached). It's the new political reality created this past week that makes it one of the most significant checks on the imperial presidency that we've seen since 9/11. And we have Rand Paul to thank for it.Couveshttps://www.blogger.com/profile/00926561539205771774noreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-68125166608056551242013-03-10T22:49:23.773-05:002013-03-10T22:49:23.773-05:00BTW: "Holder's problem here is that it...BTW: "Holder's problem here is that it's difficult to come up with a coherent justification for killing al-Aulaqi but not an 'enemy combatant' on US soil."<br /><br />Sure there is: if we're talking about someone actively plotting and organizing attacks against the US government/people, but not actually firing a gun (or hijacking a plane, or whatever) right now, then as a practical matter there are going to be lots and lots of situations abroad where arrest is impossible but a drone kill is possible, vs. almost no situations like that within the US. <br />Jonathan Bernsteinhttps://www.blogger.com/profile/15931039630306253241noreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-59195862562209532962013-03-10T22:40:17.400-05:002013-03-10T22:40:17.400-05:00Complicated.
1. I think it's fine that he did...Complicated.<br /><br />1. I think it's fine that he did it. Better than fine; good.<br /><br />2. There's a press story here: it's not the first time these issues have been raised, but for whatever reason this one got their attention. <br /><br />3. As I said, I'm somewhat skeptical of Rand Paul and his ability to make anything out of this. <br /><br />4. I'm also pretty skeptical that anything can get people to care about civil liberties. <br /><br />5. And on a completely different track, I'm annoyed by romantic notions of talking filibusters *when it comes to reform*. I'm all for this kind (this one, Sanders a couple of years ago, Al D'Amato before that). But to the extent it gets people thinking that it's a solution to Senate dysfunction, it's not helpful to that.Jonathan Bernsteinhttps://www.blogger.com/profile/15931039630306253241noreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-64361617351322299802013-03-10T22:35:45.867-05:002013-03-10T22:35:45.867-05:00BTW, I should have put quotes around the term &quo...BTW, I should have put quotes around the term "enemy combatant" -- my point (and Rand's) being that people our government accuses of being "engaging in combat" includes those who aren't engaged in combat at all.Couveshttps://www.blogger.com/profile/00926561539205771774noreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-14058295013986171872013-03-10T22:21:47.431-05:002013-03-10T22:21:47.431-05:00Jonathan, since you always bemoan the fact that th...Jonathan, since you always bemoan the fact that the voting public doesn't care about civil liberties, I'm surprised that you don't have anything more positive to say about what Rand Paul did here. Couveshttps://www.blogger.com/profile/00926561539205771774noreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-90098317264888559282013-03-10T22:19:21.005-05:002013-03-10T22:19:21.005-05:00But was Anwar al-Aulaqi "obviously engaged in...But was Anwar al-Aulaqi "obviously engaged in combat"? The administration says he was. So if an enemy combatant/citizen can be killed while overseas, even though he's hundreds of miles from any battle front we're engaged in, the implication of Holder's reasoning is that the same could be done to a citizen on US soil. You're right, Holder's reasoning hasn't changed, but he's at least stepped back from one of the more controversial conclusions that it leads us to.<br /><br />Holder's problem here is that it's difficult to come up with a coherent justification for killing al-Aulaqi but not an enemy combatant on US soil.Couveshttps://www.blogger.com/profile/00926561539205771774noreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-6675449942653886452013-03-10T15:16:15.148-05:002013-03-10T15:16:15.148-05:00Holder's first response: "It is possible,...Holder's first response: "It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the President to authorize the military to use lethal force within the territory of the United States. For example, the president could conceivably have no choice but to authorize the military to use such force if necessary to protect the homeland in the circumstances like a catastrophic attack like the ones suffered on December 7, 1941, and September 11, 2001."<br /><br />Holder's second response: “It has come to my attention that you have now asked an additional question: ‘Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil?’ The answer to that question is no.”<br /><br />There is no difference. The people who attacked us on 9/11 and at Pearl Harbor were obviously engaged in combat on American soil. TNnoreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-36201044473890193742013-03-10T14:34:11.520-05:002013-03-10T14:34:11.520-05:00Agree with Scott, but Couves makes a fair point ab...Agree with Scott, but Couves makes a fair point about the Defense Authorization bill last year.<br /><br />Still, I think that the WaPo op-ed was really pretty awful. Jonathan Bernsteinhttps://www.blogger.com/profile/15931039630306253241noreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-38715336208366194302013-03-10T14:29:26.870-05:002013-03-10T14:29:26.870-05:00Holder's response to the filibuster was to dis...Holder's response to the filibuster was to disavow domestic drone strikes. In his initial letter, he held open the possibility for domestic drone strikes following an event like 9/11 or Pearl Harbor.<br /><br />Either his position changed or he seriously botched the first letter.Couveshttps://www.blogger.com/profile/00926561539205771774noreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-426769501110740952013-03-10T13:00:19.636-05:002013-03-10T13:00:19.636-05:00Holder didn't "recant" anything. The...Holder didn't "recant" anything. The substance of his position following the Rand Paul filibuster was identical to his position before the Rand Paul filibuster.TNnoreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-79278128027859968232013-03-10T12:01:07.464-05:002013-03-10T12:01:07.464-05:00The enforcement of police powers must always be co...The enforcement of police powers must always be constrained by the Constitution.<br /><br />Obama has already used a drone strike to kill a US citizen in Yemen. Sadly, I don't think the prospect of domestic drone strikes is all that fanciful.Couveshttps://www.blogger.com/profile/00926561539205771774noreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-88229426101928836532013-03-10T09:01:28.561-05:002013-03-10T09:01:28.561-05:00always regrettablealways regrettableScott Monjenoreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-17861179257403337892013-03-10T08:57:55.543-05:002013-03-10T08:57:55.543-05:00Call me crazy, but I don't think any unprovoke...Call me crazy, but I don't think any unprovoked domestic assassination campaign was really in the offing, be it with drones or sharpshooters. And if Holder's statement that the president doesn't have the authority to off citizens within the country's borders sets some new legal precedent, then something is indeed amiss. On the other hand, they're not going to make a blanket statement that the government can never kill anyone (if only to forestall a half-million law suits over the Civil War). The enforcement of police powers will result in deaths on occasion. It's alwasys regretable, but that's not really news either.Scott Monjenoreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-31536980978838137502013-03-10T05:36:05.194-05:002013-03-10T05:36:05.194-05:00Rubio's further shifting to the right, and ali...Rubio's further shifting to the right, and aligning himself with the new Joe McCarthy. (Ted Cruz.) Rubio indicated that he was willing to put the breaks on any continuing resolution in an attempt to remove funding for Obamacare. Now that several prominent Republican governors have signed on, this will be an interesting development going forward. Did you notice how much coverage this got? Let's see if it comes up today on the Sunday gobshite festivals. nanutehttps://www.blogger.com/profile/04526158764171117978noreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-51637273783799337072013-03-10T01:52:38.783-06:002013-03-10T01:52:38.783-06:00Whatever, I'm just going to re-read the jobs r...Whatever, I'm just going to re-read the jobs report numbers while listening to Tegan and Sara's Closer.longwalkdownlyndalehttps://www.blogger.com/profile/13173899547449318257noreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-83408006625139754072013-03-10T00:04:04.034-06:002013-03-10T00:04:04.034-06:00I'm really glad that liberals are getting the ...I'm really glad that liberals are getting the chance to express themselves after years of pretending to not be anti-gun.Couveshttps://www.blogger.com/profile/00926561539205771774noreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-26360569213436885722013-03-10T00:02:15.238-06:002013-03-10T00:02:15.238-06:00No, I think it says a lot about the fact that Hold...No, I think it says a lot about the fact that Holder was forced to recant and doesn't like it.Couveshttps://www.blogger.com/profile/00926561539205771774noreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-56205153693820608242013-03-09T22:52:45.420-06:002013-03-09T22:52:45.420-06:00If the deficit is really us "eating our seed ...If the deficit is really us "eating our seed corn," then perhaps we should consider a tax on guns and bullets to reduce it. philosophical ronhttp://www.philosophical-ron.comnoreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-17369045649558939352013-03-09T22:16:39.721-06:002013-03-09T22:16:39.721-06:00"A short, sarcastic letter from Holder is har..."A short, sarcastic letter from Holder is hardly the best possible response from an administration that came to power by promising to turn away from the dark days of Bush/Cheney." <br /><br />Yeah, but if this is what solves the problem, doesn't that say a bit about Rand's actual intentions?Jamie Chttps://www.blogger.com/profile/08579007138576584958noreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-59925883478609794282013-03-09T20:31:12.446-06:002013-03-09T20:31:12.446-06:00"Guess the deficit isn't destroying the f..."Guess the deficit isn't destroying the fabric of the universe."<br /><br />You never miss the seed corn until the next season. And I don't think you could say we're eating very well even with the seed corn.Couveshttps://www.blogger.com/profile/00926561539205771774noreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-49835641290673921272013-03-09T20:23:20.069-06:002013-03-09T20:23:20.069-06:00Holder told Rand what he wanted to hear. At least ...Holder told Rand what he wanted to hear. At least that seemed to be his intent. Some have suggested that Holder’s wording still somehow reserves the domestic drone option for future administrations…<br /><br />But the issue here is not whether Holder is crossing his fingers behind his back -- it’s whether Holder is seen to have satisfied the concerns raised by Rand Paul. Holder says he did -- Rand accepted it. Does it matter that a few other people question this? Remember, there’s no actual legal precedent to Holder’s opinion. What matters is the <i>political</i> precedent it sets, which is why it’s important that the President himself speak loudly and clearly on this issue. A short, sarcastic letter from Holder is hardly the best possible response from an administration that came to power by promising to turn away from the dark days of Bush/Cheney.<br /><br />Ultimately, what matters here is public opinion. Rand brought the issue to public attention in such a way that people from every corner of the political spectrum agreed with him. That makes the possibility of drone strikes within our borders unthinkable, at least in the near term. Short of a Supreme Court decision (which couldn’t be issued until after the fact anyway), I don’t think you can achieve a clearer victory than that.<br /><br />And yes, I certainly agree that libertarians and progressives are closer than libertarian and Republicans. I also question whether much of the Republican machine really agrees with Rand, or if they’re just scoring points against Obama and trying to placate a public that is clearly siding with Rand. Of course part of the brilliance of Rand’s play was to use the natural inclinations of the Republican partisan machine to advance the cause of liberty… and his own Presidential prospects.Couveshttps://www.blogger.com/profile/00926561539205771774noreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-57934189299936121792013-03-09T19:55:31.590-06:002013-03-09T19:55:31.590-06:00The events unfolding in Caracas are important, tho...The events unfolding in Caracas are important, though probably not for the US. Maduro assuming the presidency and launching his candidacy for the April elections (in clear violation of the constitution) and the opposition's decision not to boycott probably won't affect electoral outcomes, but they could certainly have medium term political implications, particularly if the coming fiscal crisis is a severe one.Drewnoreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-17122826356543398362013-03-09T19:49:44.016-06:002013-03-09T19:49:44.016-06:00Could also be an interesting test case to see how ...Could also be an interesting test case to see how the Rove/rape factionalism plays in GOP primaries. An open seat in a bluish-purple state would be an obvious place for the GOP to prioritize mainstream appeal over intense conservatism. Drewnoreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-21622622605616438332013-03-09T19:36:01.609-06:002013-03-09T19:36:01.609-06:00Levin retiring. That takes a safe Democratic seat ...Levin retiring. That takes a safe Democratic seat and gives the Republicans a chance of taking it. Who knows, that could decide Senate control in 2015, which will be very important for Obama's second term.Yaramah Zhttps://www.blogger.com/profile/11545126290793710143noreply@blogger.comtag:blogger.com,1999:blog-6926413038778731189.post-70677224529021294452013-03-09T19:04:43.704-06:002013-03-09T19:04:43.704-06:00Jon Stewart is taking 12 weeks off The Daily Show ...Jon Stewart is taking 12 weeks off The Daily Show this Summer! AUGHHHHHH!Thomasnoreply@blogger.com