Judge who has seen classified declarations abt Awlaki killing treats it as "unilateral" covert op, not AUMF action. http://www.emptywheel.net/2013/02/17/colleen-mcmahon-the-covert-op-that-killed-anwar-al-awlaki-was-illegal/ …
@BradMossEsq You've got to know the case law on NatSec Act What arguments are used to limit the "may not violate US statute" language?
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@emptywheel@BradMossEsq Well, at root there is Art II, Sect 3, take care to "faithfully execute all laws" clause. Runs both ways.#Problem -
@bmaz@emptywheel Which comes after Section 2, which makes POTUS the CIC. Hence the dilemma -
@BradMossEsq@emptywheel Ah but a law duly passed by Art I AND previously ratified by signature of Art II beats purely discret Art II action
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@emptywheel Basically the whole "inherent Executive authority under Constitution" concept and how Congress can't infringe it -
@BradMossEsq@emptywheel But there is, as noted, the converse as well.
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@emptywheel Similar to what was used in defense of TSP during Bush years, as well as Hamdi, Hamden litigation.Thanks. Twitter will use this to make your timeline better. UndoUndo
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@emptywheel Off the top of my head, standard separation of powers and constitutional avoidance arguments.Thanks. Twitter will use this to make your timeline better. UndoUndo
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