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WHO'S IN CHARGE HERE?
Magpie is a former journalist, attempted historian [No, you can't ask how her thesis is going], and full-time corvid of the lesbian persuasion. She keeps herself in birdseed by writing those bad computer manuals that you toss out without bothering to read them. She also blogs too much when she's not on deadline, both here and at Pacific Views.

Magpie roosts in Portland, Oregon, where she annoys her housemates (as well as her cats Medea, Whiskers, and Jane Doe) by attempting to play Irish music on the fiddle and concertina.

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Friday, June 9, 2006

Forget about that anti-flag burning amendment to the US Constitution.

There's absolutely no need for it, as a super-duper, top secret, eyes-only Justice Department memo obtained by consitutional lawyer Jack Belkin explains:

Indeed, it is well established under the laws of war -- including those laws of war which the President, as Commander-in-Chief, has plenary authority to completely ignore or declare "quaint" -- that the President, as Commander-in-Chief, may detain persons who have taken up arms against the United States until such time as hostilities are completed. The President may reasonably determine that any person who burns an American flag is hostile to the United States. By definition, a person who is "hostile" to the United States may be prepared at some point in the future to engage in "hostilities." Therefore the President has sole authority to detain any person suspected of conspiring to burn a flag in the future -- or to defend or otherwise assist such a person -- until such time as the President may be assured that the person will not, upon release, "return to the battlefield" by threatening an American flag or otherwise defending those persons who would threaten an American flag. Since the President, as head of the Unitary Executive, may execute enemy combatants on the battlefield, it follows that he may take the lesser step of arresting them and detaining them indefinitely.

The scariest thing about this 'memo' is that Belkin's pseudo-constitutional nonsense is almost indistinguishable from the legal justifications for Dubya's trashing of the Consitution that keep coming from the real US Justice Department.

You can read the whole thing here.

Via Belkinization.

| | Posted by Magpie at 1:13 AM | Get permalink




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