Tuesday, July 31, 2007

While on that topic...

Ah, the Wall Street Journal editorial page...

Not long ago they brought back one of their favorites, law professor, authoritarian, author of the Bush administration's torture memo (and as Glenn Greenwald accurately states, "the most partisan and intellectually dishonest lawyer in the country"--think about that...) John Yoo. They needed to dredge up SOMEONE who would defend the ridiculous administration claims of "executive privilege," so who? John Yoo.

The afore-mentioned Glenn Greenwald is all over the shocking hypocrisy of John Yoo. He was against executive privilege (insert "Bill Clinton"here) before he was for it, saying that Clinton could fairly be impeached for refusing subpoenas and then lo and behold in 2007, secrecy is the key to the survival of the republic.

Let's look at what Yoo wrote on the law, though. He shamelessly cites Barenblatt v. U.S. (a House Un-American Activities Committee case, by the way) and says that "The Supreme Court held in 1959 that, `Since Congress may only investigate into those areas in which it may potentially legislate or appropriate, it cannot inquire into matters which are within the exclusive province of one or the other branches of the Government.'"

Excuse me, they didn't HOLD that. The opinion said that IN DICTA. It's not a HOLDING. Beyond that, Congress may certainly "legislate" on voter caging matters, and WELL beyond legislating, they certainly are constitutionally empowered to ACT--on impeachment.

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