 |
| http://www.claremont.org/crb/article/the-nazi-jurist/ |
"Some have argued that neoconservativism has been influenced by Schmitt.[37] Most notably the legal opinions offered by Alberto Gonzales, John Yoo et al. by invoking the unitary executive theory to justify highly controversial policies in the war on terror—such as introducing unlawful combatant status which purportedly would eliminate protection by the Geneva Conventions,[38] torture, NSA electronic surveillance program—mimic his writings.[37] Professor David Luban had indicated in 2011 that "[a] Lexis search reveals five law review references to Schmitt between 1980 and 1990; 114 between 1990 and 2000; and 420 since 2000, with almost twice as many in the last five years as the previous five".[39]"
MORE AT:
"The George W. Bush administration made the Unitary Executive Theory a common feature of signing statements.[20] For example, Bush once wrote in a signing statement that he would, "construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power."[21] Critics acknowledge that part of the President's duty is to "interpret what is, and is not constitutional, at least when overseeing the actions of executive agencies," but critics accused Bush of overstepping that duty by his perceived willingness to overrule U.S. courts.[22]"
MORE AT:
"John Choon Yoo (born July 10, 1967)[4] is a Korean-American attorney, law professor, and author. Yoo is currently the Emanuel S. Heller Professor of Law at the University of California, Berkeley.[1] Previously, he served as a political appointee, the Deputy Assistant U.S. Attorney General in the Office of Legal Counsel, Department of Justice (OLC), during the George W. Bush administration. He is best known for his opinions concerning the Geneva Conventions that attempted to legitimize the War on Terror by the United States. He also authored the so-called Torture Memos, which concerned the use of what the Central Intelligence Agency called enhanced interrogation techniques including waterboarding.
In 2009, two days after taking office, President Barack Obama in Executive Order 13491 repudiated and revoked all legal guidance on interrogation authored by Yoo and his successors in the Office of Legal Counsel between September 11, 2001, and January 20, 2009.[5][6]"
MORE AT:
"Gonzales's tenure as U.S. Attorney General was marked by controversy regarding warrantless surveillance of U.S. citizens and the legal authorization of so-called "enhanced interrogation techniques", later generally acknowledged as constituting torture, in the U.S. government's post-9/11 "War on Terror". Gonzales had also presided over the firings of several U.S. Attorneys who had refused back-channel White House directives to prosecute political enemies, allegedly causing the office of Attorney General to become improperly politicized.[2] Following calls for his removal, Gonzales resigned from the office "in the best interests of the department," on August 27, 2007, effective September 17, 2007.[3]"
MORE AT:
No comments:
Post a Comment
You can add your voice to this blog by posting a comment.