.@emptywheel @ggreenwald - Drone Rules are extension of Eric Holder's claim: "The Constitution guarantees due process, not judicial process"
@ggreenwald That's what got me asking myself what other function there were designed to serve. Cause they're NOT rules if no one sees them.
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@EricJaffa That's what I thought at first but now I believe that grants them too much credence AS rules. -
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@emptywheel@ggreenwald - Obama can change-or-break his own Drone Rules, but DOJ can still argue in court they're Due Process -
@EricJaffa Why would DOJ ever argue in court? They've claimed Glomar and state secrets already, so they're sure to avoid court altogether. -
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@emptywheel If a relative of American killed in a drone strike sues, & judge doesn't accept "state secrets," then DOJ can claim Due Process -
@EricJaffa What judge isn't going to accept state secrets? Any?
End of conversation
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@emptywheel Don't we have secret laws now, sections of PATRIOT, OLC memos, etc.? Hidden "laws" not new here. -
@davidcnswanson There are laws--which Congress and some courts know about. And rules, which are distributed w/in Admin by hand.
End of conversation
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@emptywheel@ggreenwald How about CYA? Remember how torture was okay because they had the magic permission slip?Thanks. Twitter will use this to make your timeline better. UndoUndo
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@emptywheel@ggreenwald "As of this moment, you punks are on double secret probation!" --Dean WormerThanks. Twitter will use this to make your timeline better. UndoUndo
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