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Scooter Libby and the Amazing Insta-Declassification Doctrine

In his grand jury testimony that we heard today, Scooter Libby introduced a novel concept to the field of national security law… . . . → Read More: Scooter Libby and the Amazing Insta-Declassification Doctrine

Highlights from Libby’s grand jury testimony: the first four hours

My paraphrased account of this morning’s playing for the jury of audiotapes of Fitzgerald’s March 5, 2004, interrogation of Libby… . . . → Read More: Highlights from Libby’s grand jury testimony: the first four hours

Dueling lawyers: Libby before the grand jury

In his March 2004 appearance before the grand jury investigating the Plame leak, Scooter Libby can’t recall very much… . . . → Read More: Dueling lawyers: Libby before the grand jury

Whistling Past Armageddon: Why Impeachment Is A Fine Idea

Why is it that politicians and pundits continue to behave as though they can exert any influence upon George Bush and Dick Cheney? The pair have explicitly stated on any number of occasions that they are not only unwilling to take advice from anyone other than themselves, but that they regard ignoring Congressional strictures, let alone mere advice, as a positive duty and Constitutional prerogative. Anyone who genuinely hopes to influence the White House has exactly one option: replace the current occupants of it. The reality shouldn’t prevent Congress from enacting the most stern measures possible, but it should prevent them from hoping that what they do will have an impact beyond provoking another presidential temper tantrum, and it should prevent them from engaging in the inept foreplay of non-binding resolutions on Iraq and Iran.

A James Fallows column in which he urges quick and staunch action by Congress to preempt the president’s preemptive strike on Iran is making the rounds. By all means, Congress should make clear that they regard the possibility of war with Iran as a very brief prelude to catastrophe; what they shouldn’t do is expect that Congressional action will have the effect of preventing it. It won’t. If anything, a bill barring funding for such an attack will increase the White House resolve to commit one, and Congress, having ceded much of its power to regulate war, really can’t do anything to stop it even if the White House didn’t believe themselves to exist outside the law. The resignations of a few hundred top generals might do the trick, but not Congress.

One of the arguments against impeachment is that the process would take too long, that by the time the articles were drawn up, the case made and the vote taken, the president and vice president will have done whatever it is they want to do with respect to Iran. That’s probably true, but that’s also not a good reason for failing to make the attempt. Another argument is that impeachment is doomed to fail. That may or may not be true, but that too is no excuse for not trying; the stakes are the continued relevance of an already tattered Constitution and an increasingly meaningless, at least on the foreign policy front, electoral exercise.

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Liveblogging the Libby trial: Finishing the cross-examination of Deborah Bond

Monday morning at the Libby trial, prosecution gets October 2003 Washington Post articles on the Plame leak admitted as evidence, and the defense continues cross examination of FBI agent Deborah Bond… . . . → Read More: Liveblogging the Libby trial: Finishing the cross-examination of Deborah Bond

Hidden Cloisters of the Academy: Two Books Reviewed

The Rebel Angels, by Robertson Davies: A
The Face in the Frost, by John Bellairs: B+


You have to love those Renaissance-era scholars. I mean they were just so cute. They had all the brains, but (saving Aristotle and his buds, a Roman or two, and a double handful of carefully ignored Arab luminaries) a shortage of giants with big shoulders–so much of the arrogance they had, but so little of the being right about stuff. So the unfortunate (or comical, depending on your disposition) aspect of all that scientific awakening was that real empirical theory had to go through its requisite hocus-pocus phase. You couldn’t keep the alchemy, the Hermeticism, the astrology–and certainly not the accepted mystical dogma of the Roman Catholic Church–out of the more legitimate scientific pursuits. You may want to ask a real historian, but there can be no coincidence that the reformers started to take swipes at the pope’s miter at roughly the same time that the scientists began to challenge the sacred natural assumptions. The two centuries or so that separated the original Doctor Mirablis (1214-1294) from the loopy Doctor von Hohenheim (1493-1553) seem a hell of a lot shorter than the one century that separated the latter from Newton and Pascal. (Even the scant decade between Paracelsus’ death and Galileo’s bawling entry into the world seems like it must have held a metric eternity tucked away in it.)

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Germany joins Italy in charging CIA agents with kidnapping

Germany has become the second European country to issue arrest warrants for CIA agents involved in kidnapping terrorism suspects for transportation to third countries where the suspects are abused and often tortured. German citizen Khaled El-Masri was snatched from the German border, flown to Afghanistan where he was beaten and tortured, and was then dumped in Albania five months later after the CIA realized they had kidnapped an innocent man.

Last year, Italy charged 23 CIA agents with the kidnapping of a Muslim cleric from the streets of Milan, possibly with the unauthorized help of Italy’s top intelligence agency. Hassan Mustafa Osama Nasr was then sent to Egypt where he remains in prison amid allegations that he too was tortured. (For more on the Italian case, see BTC News coverage here, here, here and here.) The case was killed by an appointee of Bush ally Silvio Berlusconi but was revived under Berlusconi’s successor.

Neither the Germans nor the Italians expect any of the CIA agents to surrender or to travel to countries within the European Union where they might be subject to arrest and extradition, but prosecutors in both countries want to send a (belated) message that the CIA no longer has an unlimited license to kidnap and transship suspects from and through EU territory.

Continue reading Germany joins Italy in charging CIA agents with kidnapping