More thoughts here from Marty Lederman. There’s no doubt in my mind that this administration has sought to establish an extra-legal executive as far as it possibly can. No wonder civil libertarians are worried. Two points worth noting: the president has defined the theater of war as including the territory of the United States and including citizens of the United States; he has also defined the war as without end. So his war powers, although moderate in effect compared to what, say, Lincoln and FDR got away with, are exponentially more far-reaching. Because this war is forever, as Jon Rauch explains in his latest National Journal column (not online yet). And countless future presidents will be given the right to ignore, flout or finesse domestic law if they so wish. I wonder how many Republicans will object when president Hillary is wiretapping their private conversations. They’d better speak up now, hadn’t they?

– posted by Andrew.


Comments are closed.

%d bloggers like this: