No Comment — April 12, 2011, 12:10 pm

Justice Goes to Not-War

In 2004, a group of prominent alumni of the Justice Department’s once-prestigious Office of Legal Counsel, shaken by disclosure of the torture memoranda and other evidence of unethical conduct within the office, signed a statement of principles to guide the Justice Department’s opinion writers. “When providing legal advice to guide contemplated executive branch action, OLC should provide an accurate and honest appraisal of applicable law, even if that advice will constrain the administration’s pursuit of desired policies,” they wrote. “The advocacy model of lawyering, in which lawyers craft merely plausible legal arguments to support their clients’ desired actions, inadequately promotes the President’ s constitutional obligation to ensure the legality of executive action.” Have the new tenants at Justice lived up to these principles? Not so much. Thursday night the Justice Department released the first really important national security opinion of the Obama presidency. Did Barack Obama have constitutional authority to commit military forces to the implementation of Security Council Resolution 1973 without congressional approval? Back in 2007, Barack Obama said unequivocally that the answer to that question was “no” unless there was an imminent threat to the country. But in April 2011, the Obama Justice Department answers the question in the affirmative. I take a deeper look at Justice’s dodgy Libya opinion in this feature for Foreign Policy.

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“One of the peculiar things about economic inequality is that the people who are most articulate about it are not poor, while the poor themselves have said little, at least in print, about their situation.”
Photograph © Reuters/Brendan McDermid
“It would be nice to get through this review without recourse to the term ‘writer’s writer.’ The thing is, in the case of Joy Williams, I have seen the cliché made flesh.”
Illustration by Steven Dana
“Miniatures originated in Persia and were brought to the Indian subcontinent when the Mughals conquered it in the sixteenth century. They could take on almost any subject: landscapes or portraits; stories of love, war, or play.”
Painting by by Imran Qureshi.
“The business of being a country veterinarian is increasingly precarious. The heartland has been emptying of large-animal vets for at least two decades, as agribusiness changed the employment picture and people left the region.”
Photograph by Lance Rosenfield
“Rosie and her husband had burned through their small savings in the first few months after she lost her job. Now their family of five relied on his minimum-wage paychecks, plus Rosie’s unemployment and food stamps, which, combined, brought them to around $2,000 per month, just above the poverty line.”
Illustrations by Taylor Callery

Ratio of children’s emergency-room visits for injuries related to fireworks last year to those related to “desk supplies”:


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Subways Are for Sleeping


“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

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