It's not uncommon for legal opinions from the Justice Department’s Office of Legal Counsel to be classified; whenever the President wants to do something nefarious -- like authorizing the CIA's program of torture -- he'll get a memo out of the OLC, and then classify the whole thing: the action and its justification.
But Trump's memo justifying his decision to bomb Syria is classified, while the bombing, obviously, isn't.
What's more, the level of secrecy slapped on the OLC memo explaining how the President could order an act of war when the Constitution explicitly says that Congress alone can authorize this is so secret that even Congress isn't allowed to see it.
That's right: the President got a secret memo drafted that explains why he can go to war without Congressional approval, and Congress isn't allowed to read that memo.
When GW Bush kept his torture-authorizing memos a secret, it was because he wanted to keep the torture a secret, too. But Trump isn't even keeping up with that pretense of internal consistency. Instead, the justification for taking an action that the President personally announced on his Twitter feed is, "I don't want you to know."
So the general outlines of Trump’s legal basis for Friday’s bombing are fairly clear. There also are truly extreme. As Jack Goldsmith, one of the heads of the OLC during the Bush administration, has said, it’s a perspective that “places no limit at all on the president’s ability to use significant military force unilaterally.”
That would be bad enough, of course, if everything were out in the open. But at least then it could be debated on specifics, rather than supposition. Instead, we have allowed the Constitution to be eviscerated to the point that not only does the president have nearly unlimited war powers, we can’t even say exactly why.
Donald Trump Ordered Syria Strike Based on a Secret Legal Justification Even Congress Can’t See [Jon Schwarz/The Intercept]
Evan Greer from Fight for the Future writes, "Facial recognition might be the most invasive and dangerous form of surveillance tech ever invented. While it's been in the headlines lately, most of us still don't know whether it's happening in our area. My organization Fight for the Future has compiled an interactive map that shows […]
When the North Carolina State Board of Elections asked the voting machine companies whose products were used in state elections who owned those companies, both Election Systems & Software and Hart Intercivic claimed that the answers to the question were proprietary, confidential trade secrets that would devalue their companies if they were divulged.
As Russell Brandom writes, "before 1976, corporate tax returns were broadly considered part of the public record" and there's been bipartisan support since for mandating that big companies show us how they're structuring their earnings (this was especially urgent after the Enron scandal).
If you’re part of the maker community, you know Make:. Though Make: magazine is off the shelves as of this year, the eBooks and resources put out by Maker Media are still a fantastic resource for the new generation of tinkerers, hackers, and robotics geeks. If you’re in that tribe, listen up: they’ve released a […]
Life isn’t getting any less hectic, and pressure cookers are a quick, healthy solution for a growing number of kitchens. But if you thought your Instant Pot was versatile, there’s a major upgrade on the market: The Yedi 9-in-1 Total Package Instant Programmable Pressure Cooker. If you’ve somehow never used a pressure cooker before, try […]
When it comes to data analytics or deep learning, there’s one language behind the apps and algorithms that power the biggest companies of today: Python. The best part about this tool is that as versatile as it is, it’s actually fairly easy to learn. But mastery? For that, you need more than just a beginners’ […]