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1  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Gorsuch on: February 15, 2017, 04:25:44 PM
https://www.washingtonpost.com/news/monkey-cage/wp/2017/02/15/neil-gorsuch-could-be-the-most-conservative-justice-on-the-supreme-court/?utm_term=.a10c1b61711a
2  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Books on: February 14, 2017, 12:46:00 PM
Filipino Martial Art Anthology

http://www.viamediapublishing.com/product-page/filipino-martial-art-anthology

Red Team: How to Succeed By Thinking Like the Enemy

http://www.cfr.org/defense-and-security/red-team/p36481


3  DBMA Martial Arts Forum / Martial Arts Topics / Lt. Gen Hal Moore on: February 13, 2017, 11:49:48 AM
https://www.stripes.com/news/us/lt-gen-hal-moore-dies-depicted-in-film-we-were-soldiers-1.453672

http://americanprofile.com/articles/leadership-lessons-list-from-vietnam-veteran/
4  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Immigration issues on: February 08, 2017, 10:42:15 AM
"*Albright is 20 years out of date...". Yet you cite Kissinger, or articles using Kissinger as a jumping off point, with some frequency. See, for example,  http://dogbrothers.com/phpBB2/index.php?topic=2134.msg100161#msg100161

"The group’s statement also calls into doubt any deference that might normally be given to executive branch decision-making. “The ‘considered judgment’ of the President in the prior cases where courts have deferred was based upon administrative records showing that the President’s decision rested on cleared views from expert agencies,” their statement reads. “Here, there is little evidence that the Order underwent a thorough interagency legal and policy processes designed to address current terrorist threats [and] we know of no interagency process underway before January 20, 2017 to change current vetting procedures.”

"To the best of my knowledge as a matter of law this is quite irrelevant.  To the best of my knowledge the relevant law does not require that the Commander in Chief submit his decision making process for the approval of the Judicial Power."

A few things on this. First, presidents do not submit policies to courts for prior approval. That would be an advisory opinion, and is nonjusticiable. But that is not at all what the 10 are saying. They say "the President’s decision rested on cleared views from expert agencies," which in the case of executive orders includes both OMB and OLC.

"To the best of my knowledge as a matter of law this is quite irrelevant." This surprises for several reasons. First, we had a discussion about this very topic last weekend, and I explained the legal procedure for the very specific tool, executive orders, at question with the travel ban. For example, as I discussed with you, "All executive orders and proclamations proposed to be issued by the President are reviewed by the Office of Legal Counsel for form and legality..." (https://www.justice.gov/olc), except the very specific executive order in question. Second, some of the most important SCOTUS cases in constitutional law regarding national security and presidential power involve the very specific tool, executive orders and the limits of presidents to issue them. See, for example, https://www.oyez.org/cases/1940-1955/323us214 (Korematsu) and https://www.oyez.org/cases/1940-1955/343us579 (Youngstown).

So, it is important not only to understand the US Code that you provide (thank you for that, by the way), but also the legal procedures of the very specific tool the president opted to use for the travel ban, and, in fact, "there is little evidence that the Order underwent a thorough interagency legal and policy processes designed to address current terrorist threats."
5  Politics, Religion, Science, Culture and Humanities / Politics & Religion / What Happened to Trump’s Secret Hacking Intel? on: February 07, 2017, 07:00:42 PM
https://www.theatlantic.com/technology/archive/2017/02/what-happened-to-trumps-secret-hacking-intel/515889/?utm_source=polfb

“I know a lot about hacking,” Trump said to the reporters, according to The New York Times. “And hacking is a very hard thing to prove. So it could be somebody else.” He was referring to the intelligence community’s determination that Russia was behind the cyberattacks.

Then, a bombshell: “And I also know things that other people don’t know, and so they cannot be sure of the situation.” Asked what he was talking about, Trump replied, “You’ll find out on Tuesday or Wednesday.”

Tuesday and Wednesday came and went without any new information on the cyberattacks from the president-elect.
6  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Bipartisan Ex-Senior Officials: Order Endangers National Security on: February 07, 2017, 06:40:56 PM
https://www.justsecurity.org/37332/bipartisan-group-senior-officials-ninth-circuit-immigration-order-harms-furthers-national-security/

“The ‘considered judgment’ of the President in the prior cases where courts have deferred was based upon administrative records showing that the President’s decision rested on cleared views from expert agencies,” their statement reads. “Here, there is little evidence that the Order underwent a thorough interagency legal and policy processes designed to address current terrorist threats [and] we know of no interagency process underway before January 20, 2017 to change current vetting procedures.”
7  Politics, Religion, Science, Culture and Humanities / Politics & Religion / GOP gets bolder in breaking with Trump on: February 07, 2017, 06:35:32 PM
http://thehill.com/homenews/senate/318189-gop-gets-bolder-in-breaking-with-trump

"Congressional Republicans are becoming more critical of President Trump amid the shaky rollout of his executive order on immigration and the lack of clear progress on his legislative agenda."
8  Politics, Religion, Science, Culture and Humanities / Politics & Religion / The War Among the Generals on: February 07, 2017, 06:33:25 PM
https://warontherocks.com/2017/02/the-war-among-the-generals/

9  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The war on the rule of law on: February 07, 2017, 04:44:34 PM
Yes, sir.

10  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The war on the rule of law on: February 07, 2017, 12:06:32 PM
Yoo is selective about when he supports executive power, but not like the rest of us. He is, in fact, a --if not the--major proponent of the unitary theory of presidential power, so when he suggests that there are limits to presidential action, you need to understand how far he is willing to push those boundaries. Please see any number of his academic works on this point.

11  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Goldsmith v. Lederman on Yates on: February 06, 2017, 02:43:29 PM
OTOH, ccp (and others), you might find this interesting:

https://www.lawfareblog.com/lawfare-podcast-special-wednesday-edition-goldsmith-v-lederman-yates
12  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The war on the rule of law on: February 06, 2017, 11:50:25 AM
ad hominem:
https://en.wikipedia.org/wiki/Ad_hominem

If any one with a brain is to suppose that Yates was not being political and was in her mind trying to uphold some idealist principle will not convince most on the left.
If she refused to carry out executive orders she is weak on enforcement.

If her personal beliefs (political ) were not at the core of what she did then what was?  Soros giving her a check?

If this is all the NYslimes can come up with,  criticizing Trump not because he had every right to fire her but because he made a statement that she is weak on immigration then the socialist NY paper  is reduced to  desperately scraping from the bottom of the barrel anything they can to find a fault with Trump.



You don't know who John Yoo is, do you? He's a far cry from a liberal.
13  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Executive Power Run Amok on: February 06, 2017, 11:13:47 AM
https://www.nytimes.com/2017/02/06/opinion/executive-power-run-amok.html

"As an official in the Justice Department, I followed in Hamilton’s footsteps, advising that President George W. Bush could take vigorous, perhaps extreme, measures to protect the nation after the Sept. 11 attacks, including invading Afghanistan, opening the Guantánamo detention center and conducting military trials and enhanced interrogation of terrorist leaders. ...

"But even I have grave concerns about Mr. Trump’s uses of presidential power. ...

"Mr. Trump’s firing of the acting attorney general, Sally Yates, for her stated intention not to defend his immigration policy, also raises concerns. Even though the constitutional text is silent on the issue, long historical practice and Supreme Court precedent have recognized a presidential power of removal. Mr. Trump was thus on solid footing, because attorneys general have a duty to defend laws and executive orders, so long as they have a plausible legal grounding. But the White House undermined its valid use of the removal power by accusing Ms. Yates of being “weak on borders and very weak on illegal immigration.” Such irrelevant ad hominem accusations suggest a misconception of the president’s authority of removal."
14  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Gorsuch’s Nomination to the Supreme Court on: February 02, 2017, 12:30:10 PM
https://fas.org/sgp/crs/misc/gorsuch.pdf
15  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / A conservative jurist for the Supreme Court on: January 30, 2017, 03:50:07 PM
http://m.washingtontimes.com/news/2017/jan/29/a-conservative-jurist-for-the-supreme-court/
16  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / A HuffPo piece (Justice Thomas, the Declaration of Independence and ) on: January 30, 2017, 02:16:17 PM
http://www.huffingtonpost.com/scott-d-gerber/clarence-thomas-should-be_1_b_14445166.html
17  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: "leading contender" for SC vacancy - rumor on: January 30, 2017, 02:15:52 PM

Clearly not. There is a great deal of diversity on the SCOTUS. Harvard AND Yale... and Columbia, who started at Harvard.

GWB nominated Miers, and SMU grad, but the GOP didn't want any of that.
18  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Hard Men in a Hard Environment on: January 25, 2017, 01:37:40 PM
https://warontherocks.com/2017/01/hard-men-in-a-hard-environment-indian-special-operators-along-the-border-with-china/

19  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Death of NATO on: January 25, 2017, 01:34:15 PM
You were prescient, Doug.
20  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Gen. James N. Mattis on: January 25, 2017, 01:32:46 PM
Interesting thread find from years ago.
21  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Movie about the facts that led up to Kelo decision on: January 19, 2017, 03:46:40 PM
http://www.vimooz.com/2017/01/18/courtney-moorehead-balaker-little-pink-house-athena-film-festival/

"Based on a true story, two-time Oscar® nominee Catherine Keener plays a small-town nurse Susette Kelo, who emerges as the reluctant leader of her working-class neighbors in their struggle to save their homes from political and corporate interests bent on seizing the land and handing it over to Pfizer Corporation. Susette’s battle goes all the way to the US Supreme Court and the controversial 5-4 decision in Kelo vs. City of New London gave government officials the power to bulldoze a neighborhood for the benefit of a multibillion-dollar corporation. The decision outraged Americans across the political spectrum, and that passion fueled reforms that helped curb eminent domain abuse."
22  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / ConLaw and presidential transition on: January 17, 2017, 02:49:23 PM
http://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=4209&context=nclr
23  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The Trump Transition/Administration on: January 17, 2017, 02:48:40 PM
BD: 

That is 39 pages of serious reading.  Do you post it for general reference, or for some reason in particular?

PS:  Please post in the Constitutional Law thread on the SC&H forum as well.



General reference.
24  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Intel Matters on: January 17, 2017, 02:48:00 PM
BD:

In quoting Mike Morell it would have been appropriate to mention his role in the Benghazi talking points, and in the vigor of his advocacy for Hillary for President, etc.


And his book: http://www.hachettebookgroup.com/titles/michael-morell/the-great-war-of-our-time/9781455585663/
25  Politics, Religion, Science, Culture and Humanities / Politics & Religion / The Constitutional Law of Transition on: January 17, 2017, 12:34:53 PM
http://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=4209&context=nclr
26  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Intel Matters on: January 17, 2017, 12:34:36 PM
http://www.newsworks.org/index.php/local/national-interest/100431-trump-vs-spooks-sabotaging-his-own-presidency
27  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Statutory Restrictions on the Position of Secretary of Defense on: January 09, 2017, 01:47:40 PM
https://fas.org/sgp/crs/natsec/R44725.pdf
28  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Rest in Peace on: January 09, 2017, 01:46:46 PM
And a key role in my appreciation for free speech.
29  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Rest in Peace Nat Hentoff on: January 09, 2017, 11:42:05 AM

Indeed.
30  Politics, Religion, Science, Culture and Humanities / Politics & Religion / worst job in the military on: January 08, 2017, 07:50:30 AM
https://warisboring.com/piloting-drones-is-the-worst-job-in-the-military-8492289d8b8d#.sidbnbdsd
31  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: F 35 boon doggle is putting it mildly on: January 08, 2017, 07:49:51 AM
From this article it is clear that 56 years after Eisenhower's warning - no one listened to him

Yeah let's get ripper off spending trillions while china and russia rip off the designs for peanuts on the dollar to copy them for stuff that doesn't work

http://www.nationalreview.com/article/443612/f-35-donald-trump-should-cancel-failed-f-35-fighter-jet-program

It is one tiger tank vs 100 T 34s.

http://nsnetwork.org/cms/assets/uploads/2015/08/F-35_FINAL.pdf
32  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Military Science, Military Issues, and the Nature of War on: January 08, 2017, 07:49:26 AM
Any chance there is a transcript of this Big Dog?  I read faster than people talk   grin

Brooks has a highly regarded book of the same name.
33  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The US Congress; Congressional races on: January 08, 2017, 04:19:34 AM
"Back in 84', '88, and '92 when I was running for Congress for the Libertarian Party, the incumbency rate for the House of Representatives was 98% or so. This was due to gerrymandering. Perhaps the real issue is the lack of competitive districts due to gerrymandering."

https://fas.org/sgp/crs/misc/R41545.pdf
34  Politics, Religion, Science, Culture and Humanities / Politics & Religion / How term limits for committee chairs make Congress less effective on: January 04, 2017, 03:15:49 PM
https://www.washingtonpost.com/news/monkey-cage/wp/2017/01/04/how-term-limits-for-committee-chairs-make-congress-less-effective/?utm_term=.73e089d5effeHow term limits for committee chairs make Congress less effective
35  Politics, Religion, Science, Culture and Humanities / Politics & Religion / year in review: China's legal argument for SCS on: January 01, 2017, 11:10:24 AM
https://www.lawfareblog.com/year-review-south-china-sea-edition
36  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Priebus flexes muscle in Trump Tower on: December 20, 2016, 03:06:34 PM
"... Priebus’s proximity to Trump has given many Republicans on Capitol Hill and around Washington reassurances as an unpredictable political newcomer prepares to be sworn in as commander in chief."

http://thehill.com/homenews/house/310827-priebus-flexes-muscle-in-trump-tower

 "unpredictable political newcomer prepares to be sworn in as commander in chief" **How was Obama described in 2008?


I believe as "Senator."
37  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Political Rants & interesting thought pieces on: December 20, 2016, 06:15:09 AM
Anyone ever heard of Charlie Sykes before this coverage in the New Duranty Times? I have not. Oh look, he's writing a book! What a coincidence!

Over time, we’d the media succeeded in delegitimizing the media altogether — all the normal guideposts were down, the referees discredited. **Fixed it for him

http://www.hoover.org/profiles/charles-j-sykes
38  Politics, Religion, Science, Culture and Humanities / Politics & Religion / The Coming of the Russian Jihad part 2 on: December 20, 2016, 06:12:06 AM
http://warontherocks.com/2016/12/the-coming-of-the-russian-jihad-part-ii/
39  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Now playing at the Supreme Court: The Deplorables! on: December 19, 2016, 05:25:10 PM
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/12/19/now-playing-at-the-supreme-court-the-deplorables/?utm_term=.7e445ace703b
40  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Where the right went wrong on: December 19, 2016, 03:08:39 PM
http://www.nytimes.com/2016/12/15/opinion/sunday/charlie-sykes-on-where-the-right-went-wrong.html

"Now that the election is over, don’t expect any profiles in courage from the Republican Party pushing back against those trends; the gravitational pull of our binary politics is too strong."
41  Politics, Religion, Science, Culture and Humanities / Politics & Religion / China’s Capture of U.S. Underwater Drone Violates Law of the Sea on: December 19, 2016, 02:57:27 PM
https://www.lawfareblog.com/chinas-capture-us-underwater-drone-violates-law-sea
42  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Priebus flexes muscle in Trump Tower on: December 19, 2016, 02:55:25 PM
"... Priebus’s proximity to Trump has given many Republicans on Capitol Hill and around Washington reassurances as an unpredictable political newcomer prepares to be sworn in as commander in chief."

http://thehill.com/homenews/house/310827-priebus-flexes-muscle-in-trump-tower
43  Politics, Religion, Science, Culture and Humanities / Politics & Religion / 10 Reasons China will have trouble fighting a modern war on: December 16, 2016, 02:26:29 PM
http://warontherocks.com/2015/02/ten-reasons-why-china-will-have-trouble-fighting-a-modern-war/
44  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Trump Transition/Administration Is Tillerson Trump's first liberal pick? on: December 16, 2016, 01:17:59 PM

"Exxon shifted from its public position of doubting climate change to declaring that there is 'no question' that human activity was the source of carbon dioxide emissions contributing to the phenomenon."

http://thehill.com/policy/energy-environment/310647-exxon-shifted-on-climate-change-under-trump-pick
45  Politics, Religion, Science, Culture and Humanities / Politics & Religion / return of hard power on: December 16, 2016, 12:47:03 PM
http://warontherocks.com/2016/12/the-return-of-hard-power/
46  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Intel Matters on: December 12, 2016, 03:24:42 PM
Am I to understand that the conservatives on this forum are willing to excuse Russian interference into the U.S. presidential election? If I am reading this correctly, consider me stunned.



I don't think you are reading this correctly.


OK. Good. Thanks, GM. I'll go back to the several threads where this is being discussed.
47  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Intel Matters on: December 12, 2016, 03:02:31 PM
Am I to understand that the conservatives on this forum are willing to excuse Russian interference into the U.S. presidential election? If I am reading this correctly, consider me stunned.

48  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: US Foreign Policy on: December 08, 2016, 02:18:57 PM
Hoping for some discussion of my "Thucydides Trap"  post of yesterday , , ,

http://warontherocks.com/2016/12/thucydides-reading-between-the-lines/
49  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Intel Matters on: December 08, 2016, 02:18:07 PM
Small note: Flynn was DIA.
50  Politics, Religion, Science, Culture and Humanities / Politics & Religion / NSA’s best are leaving on: December 08, 2016, 11:29:14 AM
https://www.cyberscoop.com/nsa-morale-down-keith-alexander-mike-rogers/

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