emptywheel is outdoing herself with her Yoo Memo analysis. She notes that John Yoo nowhere mentions the YOUNGSTOWN CO. v. SAWYER case which addresses the limitations of Presidential powers. The bottom line:
… Congress has not thereby lost its exclusive constitutional authority to make laws necessary and proper to carry out the powers vested by the Constitution "in the Government of the United States, or any Department or Officer thereof."The Founders of this Nation entrusted the lawmaking power to the Congress alone in both good and bad times. It would do no good to recall the historical events, the fears of power and the hopes for freedom that lay behind their choice. Such a review would but confirm our holding that this seizure order cannot stand.
If I understand all of this legaleze, the point is to immunize C.I.A. and Military Interrogators from prosecution for following Presidential orders. I presume, then, that President Bush did order them to use Torture. Ergo, the President is responsible. Fine with me. Lets prosecute the President…
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