Presidential War Powers

Harry Reid's a blithering idiot. I have no idea how he was ever elected to public office. It's not so much his position on the War Powers Resolution, but that it's at odds with his claim that the public wants the troops home from Afghanistan. Frankly, Americans are weary of overseas commitments altogether, but at least the Afghan deployment enjoyed broad bipartisan support to begin with, back in the day. With Libya, the administration took the easiest route to do something --- anything --- in North Africa and the Middle East amid the wave of revolutions taking place in the "Arab Spring." And there's been little public consensus on major U.S. role in Libya.

This guy sucks:
Unfortunately, a Ron Paul wing in the GOP is joining with the Dennis Kucinich Demo-nuts to push for action on the Resolution. A lot of folks in the right blogosphere have made something out of this as well, and it goes to the lack of vital national interests at stake, and that's understandable. That said, John Yoo's got a new piece up on the Commander-in-Chief's authority on the use of force, "The GOP Plays Politics With the War Powers Resolution," and Yoo's the man:
Congressional Republicans should not try to outdo Mr. Obama in a game of unprincipled one-upmanship. But that's precisely what key GOP leaders have done. Earlier this week, House Speaker John Boehner sent a letter to the White House accusing Mr. Obama of violating the War Powers Resolution. "The Constitution requires the president to 'take care that the laws be faithfully executed,'" he wrote, quoting the president's responsibilities under Article II of the Constitution. "And one of those laws is the War Powers Resolution, which requires an approving action by Congress or withdrawal within 90 days from the notification of a military operation."

Mr. Boehner's claim ignores the Constitution's fundamental nature as supreme law. As Chief Justice John Marshall declared in the foundational case of Marbury v. Madison (1803), the Constitution is "a superior paramount law, unchangeable by ordinary means," and any act of Congress "contrary to the constitution is not law." If the Constitution gives the president the executive authority to use force abroad, Congress cannot take it away. Surely Mr. Boehner agreed with this proposition before the current president took office. He, for instance, never claimed that President George W. Bush's exercise of broad executive powers in the war on terror violated the Constitution. Nor does he appear to have thought that legislative authorization of the Afghanistan and Iraq wars was constitutionally necessary in 2001 and 2002.

Not to be outdone, House Republicans Roscoe Bartlett, Dan Burton, Howard Coble, John Duncan, Tim Johnson, Walter Jones and Ron Paul joined with Dennis Kucinich and other Democrats this week and filed suit in a D.C. federal court seeking to halt U.S. military operations in Libya. They may see themselves as purists, but they are not demonstrating fidelity to the Constitution by launching a legal effort that they know to be utterly futile ....
RTWT.
Added: See Allahpundit's write up on the New York Times' story, "NYT: Obama overruled top Pentagon, DOJ lawyers on Libya war powers" (via Memeorandum). And check JustOneMinute, "Obama Goes Shopping For Legal Advice." It's the hypocrisy that's stunning.

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Presidential War Powers

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Bush White House Sought CIA Probe for 'Damaging Personal Information' on Leftist Professor Juan Cole?

Wow.

Couldn't happen to a nicer guy.

Honestly, though, arrest him if there's evidence of aiding and abetting terrorism. But don't just smear the guy using the CIA. Sounds like something from the Nixon years.

At New York Times, "Ex-Spy Alleges Bush White House Sought to Discredit Critic":
WASHINGTON — A former senior C.I.A. official says that officials in the Bush White House sought damaging personal information on a prominent American critic of the Iraq war in order to discredit him.

Glenn L. Carle, a former Central Intelligence Agency officer who was a top counterterrorism official during the administration of President George W. Bush, said the White House at least twice asked intelligence officials to gather sensitive information on Juan Cole, a University of Michigan professor who writes an influential blog that criticized the war.

In an interview, Mr. Carle said his supervisor at the National Intelligence Council told him in 2005 that White House officials wanted “to get” Professor Cole, and made clear that he wanted Mr. Carle to collect information about him, an effort Mr. Carle rebuffed. Months later, Mr. Carle said, he confronted a C.I.A. official after learning of another attempt to collect information about Professor Cole. Mr. Carle said he contended at the time that such actions would have been unlawful.

It is not clear whether the White House received any damaging material about Professor Cole or whether the C.I.A. or other intelligence agencies ever provided any information or spied on him. Mr. Carle said that a memorandum written by his supervisor included derogatory details about Professor Cole, but that it may have been deleted before reaching the White House. Mr. Carle also said he did not know the origins of that information or who at the White House had requested it.

Intelligence officials disputed Mr. Carle’s account, saying that White House officials did ask about Professor Cole in 2006, but only to find out why he had been invited to C.I.A.-sponsored conferences on the Middle East. The officials said that the White House did not ask for sensitive personal information, and that the agency did not provide it.

“We’ve thoroughly researched our records, and any allegation that the C.I.A. provided private or derogatory information on Professor Cole to anyone is simply wrong,” said George Little, an agency spokesman.
More at that link at top.

And what the heck? Check over at Juan Cole's, the freak: "Ret’d. CIA Official Alleges Bush White House Used Agency to “Get” Cole," and "Cole on Goodman & CIA Surveillance."
And, "Repeal the PATRIOT Act is the Lesson of Bush White House Spying."

Nope, not going that far. Patriot Act does not authorize CIA spying domestically. It simply allows coordination of intelligence gathering activities. Longstanding bureaucratic norms would still drive domestic surveillance operations, and frankly, the legacy of the 1960s and 1970s still contributes to a culture of legal safeguards that obviously make cases of spying --- like that alleged against Professor Juan Cole --- beyond the pale. Bust him if he's a treasonous dirtbag. Otherwise, let him spew his bilious hatred. No doubt he's earned some enemies on that basis alone.

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Waterboarding Works!

Rep. Peter King makes the case at the video.
And Andrew Malcolm notes:
The trail to Monday morning's assault on Osama's Pakistan compound began during someone else's presidency. That previous president authorized enhanced interrogation techniques which convinced folks like Khalid Shaikh Mohammed to give up, among many other things, the name of their top-secret courier, now deceased. His travels ultimately led the CIA back to Osama's six-year-old suburban home.
And the New York Times has the background, "Detective Work on Courier Led to Breakthrough on Bin Laden." Also, at ABC News, "Phone Call by Kuwaiti Courier Led to Bin Laden."
RELATED: Last night David Beamer, whose son Todd Beamer died fighting terrorists on Flight 93 on 9/11, told Sean Hannity that the U.S. government should continue to do what works in fighting our mortal enemies. And he's quoted, with video, at Freedom's Lighthouse:
I really wish I could have seen the look on Osama Bin Laden’s face when he realized, ‘Uh-oh – these are the Navy SEALs, and they’re right here.’ . . . He got American justice delivered by U.S. Navy SEALs. Moments thereafter, he received Divine Justice by God Almighty. . . . There’s a heaven and there’s a hell. Osama Bin Laden knows all about that now.
All of this is really driving progressives crazy, like McJoan at Daily Kos, "Waterboarding did not reveal Osama bin Laden trail." Check the post for a really, er, tortured attempt to tamp down the waterboarding worked meme. Seriously. The fact that this president is simply completing the job of his predecessor drives progressives nuts.

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Do American Students Study Too Hard?

My students don't. I wish I could get them to study more, a lot more, and to study better and more effectively. But after 11 years I've unfortunately become a bit less optimistic that I can motivate all of my students to outstanding academic achievement. The measurement of success for a great many of my students --- if not the majority --- is simply course completion. What the movie "Race to Nowhere" is looking at, in part, is the culture of achievement among middle class families with college expectations. There are two worlds out there when it comes to "making it" in America through higher education today. But it's completely politically incorrect to discuss, much less address, the debilitating disadvantages that are holding back large numbers of students, especially those from minority and poor backgrounds. Keep all this in mind while reading James Freeman's essay on the this, at Wall Street Journal:

Bergen County, N.J.

Young moviegoers have driven "Rio" to the top of the box office, but the film generating buzz among New Jersey parents is "Race to Nowhere." It's a response of sorts to last year's buzzed-about documentary "Waiting for 'Superman,'" which argued that ineffective schools and intransigent teachers unions are what's wrong with American education.

The new film may have arrived just in time for the New Jersey Education Association, the giant state teachers union locked in a continuing battle with Gov. Chris Christie over the cost of teachers' benefit plans. Directed by parent and first-time filmmaker Vicki Abeles, "Race to Nowhere" is marketed through a kind of partnership with local schools. The film suggests that if there are problems in American education, they are largely due to standardized tests, overambitious parents, insufficient funding, and George W. Bush. It also offers possible solutions, which include abandoning testing and grading and giving teachers more autonomy.

Ms. Abeles reports that she has been screening the film nationwide and even in numerous foreign countries. But few places have embraced it as enthusiastically as the Garden State. While in many states there are no showings currently scheduled, according to the film's website, New Jersey has 13 in the next month ...

The movie's recurring theme is that American kids are under intense pressure to succeed, forced to complete up to six hours of homework each night and therefore increasingly driven to mental illness. The movie is promoted with the tagline, "The Dark Side of America's Achievement Culture."

The dark side is illuminated with powerful anecdotes—we learn of one young California girl who, we are told, committed suicide after a disappointing grade in math. But the achievement is tougher to spot. The film reports that as hard as kids compete to win acceptance to name-brand colleges, they come out of high school without knowing much. The University of California at Berkeley, we are told, has to provide remedial education for close to half of incoming freshmen before they can handle a college course load. The film notes that American kids score poorly in international tests. If they work so hard, how do they learn so little?

More at the link.

Teachers love to bash the Bush administration's education agenda, and while conservatives despised the expansion of federal power in education, I've always supported more attention to standards. The problem is tying teacher and school accountability to student performance, because teachers will ultimately get blamed for things over which they have little control --- especially the culture and degree of educational attainment at the family, household level. It's generally not as high among lower income communities and minority households (lots of books on this, discussed here previously), and thus we can see why addressing the cultural roots of academic failure is pure taboo in progressive education circles.

By the way, the movies to watch are "Waiting for Superman" and "The Providence Effect." Folks know what needs to happen. And we know that disadvantaged communities can excel. It makes you think sometimes: What is it exactly that's holding folks back? Maybe it's progressive education shibboleths and the destructive power of teachers unions. Er, well, better not talk about that. I've got to work with these people ...


UPDATE: And the timing couldn't have been better. At Boston Globe, "Discord in Harvard’s education school: Protesters want more focus on social issues."

Glenn Reynolds summarizes:

Protesters demand more emphasis on community organizing and “social justice,” less on practical training. I guess the higher education bubble news hasn’t gotten there yet ...

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John Yoo at David Horowitz's West Coast Retreat, April 3, 2011

I have a new essay at NewsReal Blog, "John Yoo at West Coast Retreat: Obama Has Made Us Less Safe."



Professor Yoo hammered the Obama administration’s foreign policy. President Obama has, he said, in attempting to dismantle the legal framework of the Bush administration’s anti-terror program, made Americans less safe. Not only did Obama attempt to shutter Guantanamo, but under his watch more than a quarter of the enemy combatants released from detention have returned to the field of battle. Professor Yoo indicated that the nature of the war on terror has changed significantly since the first few years after September 11. Al Qaeda has become increasingly decentralized as a terrorist organization, and transnational recruitment in the U.S. and Europe is a growing source of combatants for the next wave of operations. There are less likely to be large-scale attacks along the lines of 9/11, and more like that of Umar Farouk Abdulmutallab, who tried to blow up a Detroit-bound airliner two Christmases ago.
More later ...

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John Yoo at David Horowitz's West Coast Retreat, April 3, 2011

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Khalid Sheikh Mohammed, 9/11 Mastermind, to Face Trial in Guantanamo

At Michelle's, "Obama administration retreats (again) on Khalid Sheikh Mohammed civilian trial; Holder blames Congress."

Also at LAT, "9/11 suspects will be tried at Guantanamo, not in New York, Atty. Gen. Eric Holder announces." And Fox News, "Holder Blames Congress for Forcing Hand on Military Commissions for 9/11 Detainees" (via Memorandum).


John Yoo spoke at the Horowitz West Coast Retreat. He mentioned the need to keep Guantanamo open, and this administration keeps proving it.

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