Letter of Notification of Vice Presidential Records Release
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Intelligence Legalism and the National Security Agency's Civil Liberties
112 Harvard National Security Journal / Vol. 6 ARTICLE Intelligence Legalism and the National Security Agency’s Civil Liberties Gap __________________________ Margo Schlanger* * Henry M. Butzel Professor of Law, University of Michigan. I have greatly benefited from conversations with John DeLong, Mort Halperin, Alex Joel, David Kris, Marty Lederman, Nancy Libin, Rick Perlstein, Becky Richards, and several officials who prefer not to be named, all of whom generously spent time with me, discussing the issues in this article, and many of whom also helped again after reading the piece in draft. I would also like to extend thanks to Sam Bagenstos, Rick Lempert, Daphna Renan, Alex Rossmiller, Adrian Vermeule, Steve Vladeck, Marcy Wheeler, Shirin Sinnar and other participants in the 7th Annual National Security Law Workshop, participants at the University of Iowa law faculty workshop, and my colleagues at the University of Michigan Legal Theory Workshop and governance group lunch, who offered me extremely helpful feedback. Jennifer Gitter and Lauren Dayton provided able research assistance. All errors are, of course, my responsibility. Copyright © 2015 by the Presidents and Fellows of Harvard College and Margo Schlanger. 2015 / Intelligence Legalism and the NSA’s Civil Liberties Gaps 113 Abstract Since June 2013, we have seen unprecedented security breaches and disclosures relating to American electronic surveillance. The nearly daily drip, and occasional gush, of once-secret policy and operational information makes it possible to analyze and understand National Security Agency activities, including the organizations and processes inside and outside the NSA that are supposed to safeguard American’s civil liberties as the agency goes about its intelligence gathering business. -
The Virtues and Vices of Advocacy Strategies in the War on Terror
Roger Williams University DOCS@RWU Law Faculty Scholarship Law Faculty Scholarship 4-2009 The etD ainees' Dilemma: The irV tues and Vices of Advocacy Strategies in the War on Terror Peter Margulies Roger Williams University School of Law Follow this and additional works at: http://docs.rwu.edu/law_fac_fs Part of the Criminal Law Commons, Human Rights Law Commons, International Law Commons, Law and Politics Commons, and the Legal Profession Commons Recommended Citation Peter Margulies, The eD tainees' Dilemma: The irV tues and Vices of Advocacy Strategies in the War on Terror, 57 Buff. L. Rev. 347, 432 (2009) This Article is brought to you for free and open access by the Law Faculty Scholarship at DOCS@RWU. It has been accepted for inclusion in Law Faculty Scholarship by an authorized administrator of DOCS@RWU. For more information, please contact [email protected]. +(,121/,1( Citation: 57 Buff. L. Rev. 347 2009 Provided by: Roger Williams University School of Law Library Content downloaded/printed from HeinOnline Thu Nov 17 10:09:44 2016 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information BUFFALO LAW REVIEW VOLUME 57 APRIL 2009 NUMBER 2 The Detainees' Dilemma: The Virtues and Vices of Advocacy Strategies in the War on Terror PETER MARGULIESt INTRODUCTION For detainees in the war on terror, advocacy outside of court is often the main event.' Analysis of advocacy through the prism of Supreme Court decisions 2 resembles surveying t Professor of Law, Roger Williams University School of Law; e-mail: [email protected]. -
Indirect Constraints on the Office of Legal Counsel: Examining a Role for the Senate Judiciary Committee
Stanford Law Review Volume 73 June 2021 NOTE Indirect Constraints on the Office of Legal Counsel: Examining a Role for the Senate Judiciary Committee William S. Janover* Abstract. As arbiter of the constitutionality of executive actions, the Department of Justice Office of Legal Counsel (OLC) possesses vast authority over the operation of the federal government and is one of the primary vessels for the articulation of executive power. It therefore is not surprising that the OLC has found itself at the center of controversy across Democratic and Republican administrations. OLC opinions have justified the obstruction of valid congressional investigations, the targeted killing of an American citizen overseas, repeated military incursions without congressional approval, and, most infamously, torture. These episodes have generated a significant body of proposals to reform, constrain, or altogether eliminate the OLC. All of these proposals can be categorized as either direct or indirect constraints on how the OLC operates. Direct constraints target how the OLC actually creates its legal work product. Indirect constraints instead focus on the OLC’s personnel or the public scrutiny the Office’s opinions will face. This Note expands on this existing body of research, focusing on how one institution unstudied in this context, the United States Senate Judiciary Committee, can operationalize meaningful indirect constraints on the OLC. Unlike the other actors that scholars have examined, the Committee’s position outside the executive branch allows it to sidestep the President’s ever-expanding reach within the federal bureaucracy. At the same time, the Committee’s oversight powers and its central role in the nomination of both the OLC’s leader and Article III judges give it important constitutional and statutory authority to constrain the Office. -
The Commander-In-Chief and the Necessities of War: a Conceptual Framework
Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2011 The ommC ander-in-Chief and the Necessities of War: A Conceptual Framework John C. Dehn Loyola University Chicago, School of Law, [email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the Military, War, and Peace Commons Recommended Citation John C. Dehn, The ommC ander-in-Chief and the Necessities of War: A Conceptual Framework, 83 Temp. L. Rev. 599 (2011). This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. TEMPLE LAW REVIEW © 2011 TEMPLE UNIVERSITY OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION VOL. 83 NO. 3 SPRING 2011 ARTICLES THE COMMANDER-IN-CHIEF AND THE NECESSITIES OF WAR: A CONCEPTUAL FRAMEWORK * John C. Dehn While the current Administration has largely abandoned claims of plenary presidential authority to fight the nation’s wars, courts, scholars, and policy makers continue to debate the nature and scope of the powers conferred by the September 18, 2001 Authorization for Use of Military Force. This Article examines primarily Supreme Court precedent to distill the general scope and limits of the President’s powers to fight the nation’s international and non-international armed conflicts. It concludes that the Supreme Court has expressly endorsed and consistently observed (although inconsistently applied) two concepts of necessity attributable to the Commander-in- Chief power. The first is military necessity: the power to employ all military measures not prohibited by applicable law and reasonably calculated to defeat a national enemy. -
In the United States District Court for the District of Columbia
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Holding a Criminal Term Grand Jury Sworn in on October 31, 2003 UNITED STATES OF AMERICA ) Criminal No. ) GRAND JURY ORIGINAL v. ) Count 1: Obstruction of Justice (18 U.S.C. § 1503) ) ) Counts 2-3: False Statements (18 U.S.C. § 1001(a)(2)) I. LEWIS LIBBY, ) also known as “SCOOTER LIBBY” ) Counts 4-5: Perjury (18 U.S.C. § 1623) INDICTMENT COUNT ONE (Obstruction of Justice) THE GRAND JURY CHARGES: 1. At times material to this indictment: Defendant’s Employment and Responsibilities a. Beginning on or about January 20, 2001, and continuing through the date of this indictment, defendant I. LEWIS LIBBY, also known as “SCOOTER LIBBY,” was employed as Assistant to the President of the United States, Chief of Staff to the Vice President of the United States, and Assistant to the Vice President for National Security Affairs. In the course of his work, LIBBY had frequent access to classified information and frequently spoke with officials of the U.S. intelligence community, as well as other government officials, regarding sensitive national security matters. b. In connection with his role as a senior government official with responsibilities for national security matters, LIBBY held security clearances entitling him to access to classified information. As a person with such clearances, LIBBY was obligated by applicable laws and regulations, including Title 18, United States Code, Section 793, and Executive Order 12958 (as modified by Executive Order 13292), not to disclose classified information to persons not authorized to receive such information, and otherwise to exercise proper care to safeguard classified information against unauthorized disclosure. -
The Trump Peace Plan: Aiming Not to Make a Deal, but to Make a Deal Possible
1 COVER PAGE 2 THE BEGIN-SADAT CENTER FOR STRATEGIC STUDIES BAR-ILAN UNIVERSITY Mideast Security and Policy Studies No. 175 The Trump Peace Plan: Aiming Not to Make a Deal, but to Make a Deal Possible Douglas J. Feith and Lewis Libby 3 The Trump Peace Plan—Aiming Not to Make a Deal, but to Make a Deal Possible Douglas J. Feith and Lewis Libby © The Begin-Sadat Center for Strategic Studies Bar-Ilan University Ramat Gan 5290002 Israel Tel: 972-3-5318959 [email protected] www.besacenter.org ISSN 0793-1042 July 2020 Cover image: President Donald Trump unveils his peace plan for Israel and the Palestinians, Official White House Photo by Shealah Craighead 4 The Begin-Sadat (BESA) Center for Strategic Studies The Begin-Sadat Center for Strategic Studies is an independent, non-partisan think tank conducting policy-relevant research on Middle Eastern and global strategic affairs, particularly as they relate to the national security and foreign policy of Israel and regional peace and stability. It is named in memory of Menachem Begin and Anwar Sadat, whose efforts in pursuing peace laid the cornerstone for conflict resolution in the Middle East. BESA Perspectives are short pieces on timely and fundamental Israeli, Middle Eastern, and global issues. Mideast Security and Policy Studies serve as a forum for publication or re- publication of research conducted by BESA associates. Colloquia on Strategy and Diplomacy summarize the papers delivered at conferences and seminars held by the Center for the academic, military, official, and general publics. In sponsoring these discussions, the BESA Center aims to stimulate public debate on, and consideration of, contending approaches to problems of peace and war in the Middle East. -
Special Counsels and the Presidency: a Conversation with Ken Starr on the Role of the Constitution and the Ongoing Mueller Investigation
AMERICAN ENTERPRISE INSTITUTE SPECIAL COUNSELS AND THE PRESIDENCY: A CONVERSATION WITH KEN STARR ON THE ROLE OF THE CONSTITUTION AND THE ONGOING MUELLER INVESTIGATION WELCOME: JOHN YOO, AEI PRESENTATION: KEN STARR, AUTHOR, “CONTEMPT: A MEMOIR OF THE CLINTON INVESTIGATION” PANEL DISCUSSION PANELISTS: SAIKRISHNA PRAKASH, UNIVERSITY OF VIRGINIA SCHOOL OF LAW; KEN STARR, AUTHOR, “CONTEMPT: A MEMOIR OF THE CLINTON INVESTIGATION”; VICTORIA TOENSING, DIGENOVA & TOENSING MODERATOR: JOHN YOO, AEI 2:45–4:00 PM TUESDAY, SEPTEMBER 18, 2018 EVENT PAGE: http://www.aei.org/events/special-counsels-and-the-presidency-a- conversation-with-ken-starr-on-the-role-of-the-constitution-and-the-ongoing- mueller-investigation/ TRANSCRIPT PROVIDED BY WWW.DCTMR.COM JOHN YOO: So welcome, everybody, to this panel on independent counsel. And as I promised on Facebook, we will almost certainly also talk about the Kavanaugh nomination. It’s not a joke. (Laughs.) So, my name is John Yoo. I’m a visiting scholar here and professor at Berkeley and also a fellow at the Hoover Institution at Stanford. And Judge Starr originally was going to give a lecture, but he actually would like to actually sit and have a conversation with the panelists, so we’re going to dispense with any kind of formal remarks. He’s going to make a — I think a short statement summarizing his book and some of the points, and then we’re going to turn right to an open discussion with the other panelists. So let me just quickly introduce them. You have their full biographies. But, as you all know, Judge Starr has been many, many things: a judge on the DC circuit, solicitor general, law school dean — it’s all been downhill after being law school dean — university president, and an independent counsel in the Clinton Whitewater investigation. -
Heritage Foundation
LEADING THE FIGHT FOR FREEDOM & OPPORTUNITY ANNUAL REPORT 2012 LEADING THE FIGHT FOR FREEDOM & OPPORTUNITY ANNUAL REPORT 2012 The Heritage Foundation Leading the Fight for Freedom & Opportunity OUR MISSION: To formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values and a strong national defense. BOARD OF TRUSTEES PATRON OF THE HERITAGE FOUNDATION Thomas A. Saunders III, Chairman The Right Honourable The Baroness Thatcher, LG, PC, OM, FRS Richard M. Scaife, Vice Chairman J. Frederic Rench, Secretary SENIOR MANAGEMENT Meg Allen Edwin J. Feulner, Ph.D., President Douglas F. Allison Jim DeMint, President-elect Larry P. Arnn, Ph.D. Phillip N. Truluck, Executive Vice President The Hon. Belden Bell David Addington, Senior Vice President Midge Decter Edwin J. Feulner, Ph.D. Stuart M. Butler, Ph.D., Distinguished Fellow Steve Forbes James Jay Carafano, Ph.D., Vice President Todd W. Herrick Becky Norton Dunlop, Vice President Jerry Hume John Fogarty, Vice President Kay Coles James Michael G. Franc, Vice President The Hon. J. William Middendorf II Michael M. Gonzalez, Vice President Abby Moffat Kim R. Holmes, Ph.D., Distinguished Fellow Nersi Nazari, Ph.D. Geoffrey Lysaught, Vice President Robert Pennington Edwin Meese III, Reagan Distinguished Fellow Emeritus Anthony J. Saliba Derrick Morgan, Vice President William E. Simon, Jr. Matthew Spalding, Ph.D., Vice President Brian Tracy Michael Spiller, Vice President Phillip N. Truluck John Von Kannon, Vice President and Senior Counselor Barb Van Andel-Gaby Genevieve Wood, Vice President Marion G. Wells Robert E. Russell, Jr., Counselor HONORARY CHAIRMAN AND TRUSTEE EMERITUS David R. -
108Th Congress*
108th Congress* THE VICE PRESIDENT RICHARD B. CHENEY, Republican, of Wyoming, born on January 30, 1941, in Lin- coln, NE; education: B.A., and M.A., degrees from the University of Wyoming; public service: served on the Cost of Living Council and Office of Economic Opportunity in the Nixon Administration; served as Assistant to the President and White House Chief of Staff for President Gerald R. Ford; elected to the U.S. House of Representatives in 1978, and reelected 5 times, through 1988; in the House he served as Chairman of the House Re- publican Conference and House Minority Whip; in 1989 he was nominated to be Secretary of Defense by President George H.W. Bush, and was confirmed by the U.S. Senate; he served from 1989 to 1993; on July 3, 1991, President Bush awarded Secretary Cheney the Presidential Medal of Freedom; after leaving the Department of Defense, he joined the Halliburton Company serving as Chairman of the Board and Chief Executive Officer; religion: Methodist; family: married to Lynne Cheney, 1964; two daughters; elected Vice President of the United States on November 7, 2000; took the oath of office on January 20, 2001. The Ceremonial Office of the Vice President is S–212 in the Capitol. The Vice President has offices in the Dirksen Senate Office Building, the Eisenhower Executive Office Building (EEOB) and the White House (West Wing). Chief of Staff.—Lewis Libby, EEOB, Room 276, 456–9000. Deputy Chief of Staff.—Dean McGrath, EEOB, Room 276, 456–9000. Counsel to the Vice President.—David Addington, EEOB, Room 268, 456–9089. -
Cheney Preferred Face the Nation Scooter Libby Trial Testimony
Cheney Preferred Face The Nation Scooter Libby Trial Testimony Abortive and geometrid Marlowe trounce her refusals paragenesis magnetize and mispleads divertingly. Jude remains ambagious: she sprain her demission geologized too snootily? Transportive Desmond always shunt his handbooks if Braden is incensed or materializes lovably. Show a specific criminal or awful the bald of law enforcement information. For intercepting text messages, libya or has yet another set pattern, bars respondent from maryland against a nation the cheney face scooter libby trial, mr bush admitted that libby reminding us do! View WESTERN LEGAL HISTORY. OnPolitics washingtonpostcom The Washington Post. NARRATOR Walter Pincus is a longtime national security reporter for The Washington Post. Ended up speaking to her and men told an that we said Mr Holder favored the pardon. Quote put the witness Archive Albion Monitor. The trial courts and their position otherwise the federal judicial override In this context. Of today's websites could ensure criminal prosecution after publication for knowingly. And prefer direct hit. President Trump announces Neil Gorsuch as his nominee for. On this exchange commission, not finding an elite athletes who has sought uranium ore concerning the courts will scrap them know they cohere and libby trial that? Stop Cheney's Monsters Now Search bar history for over 51. Of eligible New England Sabbath day was upon to face illuminating it once that house of. Just added Yellowcake Scooter Libby Patrick Fitzgerald Karl Rove and. Consequences of Implementing a Federal Reporter's Privilege. Subpoenaed to getting and refused to do so50 The police held that collapse is no. -
Inventory of the Scooter Libby Letters
INVENTORY OF THE SCOOTER LIBBY LETTERS I’ve read them, all of them. (Big PDF Part One; Big PDF Part Two; Excel file of all the letters) What a depressing way to spend a weekend day. You see, I believe all those people when they describe how loving Libby is with his kids. And I believe all those people who describe what a great mentor Libby has been to young professionals. But there’s no denying that Libby threw all that away, presumably out of a warped sense of duty. I’m reminded of the two pieces Libby’s childhood friend Nick Bromell has written about him, particularly when he describes, I want to insist that Scooter’s respect for power is not just a front for cold self-interest. At bottom, there’s a kind of innocence about Scooter. He has submitted to masters like Paul Wolfowitz and Cheney because he respects them, just as a Zen novitiate submits to a meditation master or a young violinist reveres the prodigious talent of her teacher. Because in the end, these letters make complete sense. They paint a rich portrait of Libby’s commitment to duty and loyalty. And that, of course, is what got him into trouble. I’ll have one or three posts on individual letters today or tomorrow. But for now, I thought I’d provide my rough inventory of who wrote letters. Total letters: 196 Letters favoring a harsh sentence: 25 Letters favoring a lenient sentence: 171 Letters from obvious Neocons: 34 Letters from OVP affiliates*: 49 Letters from former Dechert colleagues: 15 I didn’t count the number of those whose kids were friends with Libby’s kids, those who play football with Libby, or plain old neighbors. -
Important Figures in the NSC
Important Figures in the NSC Nixon Administration (1969-1973) National Security Council: President: Richard Nixon Vice President: Spiro Agnew Secretary of State: William Rogers Secretary of Defense: Melvin Laird Assistant to the President for National Security Affairs (APNSA): Henry Kissinger Director of CIA: Richard Helms Chairman of Joint Chiefs: General Earle Wheeler / Admiral Thomas H. Moorer Director of USIA: Frank Shakespeare Director of Office of Emergency Preparedness: Brig. Gen. George Lincoln National Security Council Review Group (established with NSDM 2) APNSA: Henry A. Kissinger Rep. of Secretary of State: John N. Irwin, II Rep. of Secretary of Defense: David Packard, Bill Clements Rep. of Chairman of Joint Chiefs: Adm. Thomas H. Moorer Rep. of Director of CIA: Richard Helms, James R. Schlesinger, William E. Colby National Security Council Senior Review Group (NSDM 85—replaces NSCRG/ NSDM 2) APNSA: Henry A. Kissinger Under Secretary of State: Elliott L. Richardson / John N. Irwin, II Deputy Secretary of Defense: David Packard / Bill Clements Director of Central Intelligence: Richard Helms Chairman of the Joint Chiefs of Staff: General Earle Wheeler / Admiral Thomas H. Moorer Under Secretary’s Committee: Under Secretary of State: Elliott L. Richardson / John N. Irwin, II APNSA: Henry Kissinger Deputy Secretary of Defense: David Packard / Bill Clements Chairman of Joint Chiefs: Gen. Earle G. Wheeler / Adm. Thomas H. Moorer Director of CIA: Richard M. Helms Nixon/Ford Administration (1973-1977) National Security Council: President: Richard Nixon (1973-1974) Gerald Ford (1974-1977) Vice President: Gerald Ford (1973-1974) Secretary of State: Henry Kissinger Secretary of Defense: James Schlesinger / Donald Rumsfeld APNSA: Henry Kissinger / Brent Scowcroft Director of CIA: Richard Helms / James R.