False Reassurances: On Pixie Dusted Executive Orders, Appendix M, and Proxy Detention and Torture https://www.emptywheel.net/2016/11/11/false-reassurances-pixie-dusted-executive-orders-appendix-m-proxy-detention-torture/ …
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And remember, even under Obama, Exec agencies have started putting their self-authorizations where even
@JasonLeopold can't find it easily. -
Obama could have reversed Bush's policy of keeping OLC memos secret. Nope. He doubled down.
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3 shell games already exist to put torture, even w/NDAA anti-torture amendment. 1) FBI (or DEA) 2) Appendix M 3) Proxy detention.
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Now, you might say FBI would never torture. But remember, Comey (who will actually be a CHECK on Trump if he stays) approved it in 2005.
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Indeed, Comey has thus far refused to read the Torture Report that details some of the ways he got duped by CIA on Torture. That's a problem
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Obama could require Comey to read report before he leaves. Not only might Comey learn something, but it'll make it easier to FOIA.
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Finally, proxy detention. That "Drone rule book" (which Trump can throw out on 1/20/17)? It explicitly envisions proxy detention.
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Sure, we ask our partners who proxy detain for us to be nice. Just like we asked Assad to be nice before giving him
@ArarMaher to torture. -
Anyway: Here are just some of the loopholes Obama deliberately left in place that Trump will abuse. https://www.emptywheel.net/2016/11/11/false-reassurances-pixie-dusted-executive-orders-appendix-m-proxy-detention-torture/ …
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In other words, he can do what he wants within his interpretation of the law?
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Pretty much. And "the law" is basically Cheney's expansive notion of Article II, which got expanded further by Obama.
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So it's going to be a freewheeling gloves off intel community for the next few years. Question is: Will that make us safer?
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Not in the least. It will make us less safe.
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I have a nagging suspicion that John Yoo is as morally, umm, flexible as ever... http://edition.cnn.com/2016/11/10/politics/donald-trump-transition-drain-the-swamp/index.html …pic.twitter.com/51afhKCvBq
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Yup. But they don't need him. Wonder where Addington will end up.
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Shorter (invoking Nixon): if the president does it, it's not illegal
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@Popehat We warned them at the time that the hand on the wheel would change. smhThanks. Twitter will use this to make your timeline better. UndoUndo
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Now is a GREAT buying opportunity for Kimberly-Clark (NYSE - KMB), makers of Kleenex. NEVER seen SO many crybabies! :)
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While he may have opposed Trump, he is among the most responsible people for what's to come. I hope he knows that.
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and while he’s at it, yoo has helpfully left some language behind regarding torture that trump will find useful.
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