Wednesday, November 02, 2005

Executive Deference and the CIA's "Black Sites"

Since a couple of previous posts on Judge Alito generally mentioned the topic of deference to the executive, it is useful to keep in mind that such deference, even in issues relating to foreign affairs and national security, is not always a good thing. Consider the ongoing legal struggles having to do with national security, individual rights, and the ability of the executive to unilaterally make unreviewable decisions regarding how the balance should be struck. To put it bluntly: unilateral unreviewable decisions as to the ability to torture. This is the story, as told in the current issue of the Washington Post, and in the excerpt below from CNN, of the CIA’s international network of detention/torture areas known as “black sites.”

CNN reports that:

The CIA and the White House, citing national security concerns and the value of the program, have dissuaded Congress from demanding that the agency answer questions in open testimony about the conditions under which captives are held.

Virtually nothing is known about who is kept in the facilities, what interrogation methods are employed with them, or how decisions are made about whether they should be detained or for how long…

To [acknowledge the existence of the sites], officials familiar with the program told the Post, could open the U.S. government to legal challenges, particularly in foreign courts, and increase the risk of political condemnation at home and abroad…

[The concerns of human rights groups and lawmakers] escalated last month, when Vice President Cheney and CIA Director Porter J. Goss asked Congress to exempt CIA employees from legislation already endorsed by 90 senators that would bar cruel and degrading treatment of any prisoner in U.S. custody.

Although the CIA will not acknowledge details of its system, intelligence officials defend the agency's approach, arguing that the successful defense of the country requires that the agency be empowered to hold and interrogate suspected terrorists for as long as necessary and without restrictions imposed by the U.S. legal system or even by the military tribunals established for prisoners held at Guantanamo Bay.

Claims of deference to the executive is one thing, demands of prostration to the executive are another. Whoever becomes the next Associate Justice on the Supreme Court (as well as those already on the Court) will hopefully understand the difference.

8 Comments:

Blogger t'su said...

Prof.,

Aren't such "black sites" Machiavellian?

Seems to me that agents of the US, who've sworn to uphold the constitution, are violating the spirit of the constitution by not providing habeas corpus, etc.

So in order to protect it, they violate concepts at the constitution's heart.

11/02/2005 2:38 PM  
Blogger beautifuls said...

Buy Cheap Fluro Cambridge Satchel Cambridge Satchel Fluro Fluro Yellow Cambridge Satchel Fluro Pink Cambridge Satchel Cambridge Satchel Fluro Yellow Cambridge Satchel Fluro Pink with lower price and high quality.

2/23/2012 9:35 PM  
Blogger Rainman Mark said...

I liked your article, I will share your article to everyone!!




RS gold|Diablo 3 Gold|GW2 gold|WoW Gold

3/02/2013 6:08 AM  
Blogger Learn Chinese language on hanbridgemandarin said...

The best place to study mandarin online is in China. However, we understand that it isn't always possible to move here to study Chinese language. The next best thing is to study with our experienced teachers in a virtual classroom. Online students enjoy the same excellent way of mandarin online lesson and custom designed courseware that we provide for our face to face clients.

2/02/2015 3:00 AM  
Blogger ninest123 Ninest said...

ninest123 08.08
michael kors outlet, coach outlet, louboutin, tiffany jewelry, burberry outlet online, nike air max, chanel handbags, michael kors outlet, oakley sunglasses, gucci outlet, longchamp outlet, longchamp, prada handbags, ray ban sunglasses, oakley sunglasses, coach purses, replica watches, burberry, jordan shoes, kate spade outlet, ray ban sunglasses, michael kors outlet, nike outlet, louboutin outlet, kate spade handbags, coach factory outlet, coach outlet, tory burch outlet, polo ralph lauren outlet, nike free, michael kors outlet, christian louboutin outlet, tiffany and co, prada outlet, true religion jeans, michael kors outlet, longchamp outlet, louboutin shoes, oakley sunglasses, polo ralph lauren outlet, nike air max, michael kors

8/08/2015 1:45 AM  
Blogger ninest123 Ninest said...

louboutin pas cher, michael kors, sac guess, michael kors, nike air max, air jordan pas cher, ray ban uk, hollister pas cher, vans pas cher, converse pas cher, true religion jeans, michael kors, oakley pas cher, true religion outlet, nike blazer, nike air max, timberland, lacoste pas cher, north face, nike free, vanessa bruno, hollister, nike air max, burberry, true religion jeans, lululemon, longchamp pas cher, nike free run uk, tn pas cher, nike roshe run, air max, ralph lauren uk, mulberry, hogan, abercrombie and fitch, north face, air force, new balance pas cher, hermes, sac longchamp, ralph lauren pas cher, ray ban pas cher

8/08/2015 1:47 AM  
Blogger ninest123 Ninest said...

herve leger, ferragamo shoes, new balance, giuseppe zanotti, nfl jerseys, mac cosmetics, nike roshe, asics running shoes, oakley, vans shoes, north face outlet, baseball bats, reebok shoes, insanity workout, birkin bag, babyliss, valentino shoes, mcm handbags, beats by dre, nike trainers, mont blanc, p90x workout, nike huarache, ghd, instyler, timberland boots, celine handbags, jimmy choo shoes, abercrombie and fitch, hollister, iphone 6 cases, nike roshe, soccer shoes, nike air max, longchamp, chi flat iron, hollister, soccer jerseys, north face outlet, bottega veneta, lululemon, wedding dresses

8/08/2015 1:49 AM  
Blogger ninest123 Ninest said...

thomas sabo, karen millen, gucci, toms shoes, links of london, ugg boots uk, ralph lauren, ugg,uggs,uggs canada, pandora charms, swarovski, montre pas cher, uggs on sale, ugg boots, hollister, juicy couture outlet, pandora charms, ray ban, bottes ugg, ugg boots, lancel, supra shoes, ugg boots, ugg pas cher, wedding dresses, coach outlet, marc jacobs, juicy couture outlet, louboutin, vans, converse outlet, converse, swarovski crystal, ugg boots, pandora jewelry, replica watches, hollister, ugg,ugg australia,ugg italia, nike air max
ninest123 08.08

8/08/2015 1:50 AM  

Post a Comment

<< Home