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[QUOTE]Originally posted by Jay the Obscure: [QB] [URL=http://www.isthatlegal.org/archives/2004_06_06_isthatlegal_archive.html#108665852091253795]IsThatLegal?[/URL] has more: [QUOTE]Much is being said about it in the blogosphere, but I'd just like to harp on two things. (1) The article reports that Justice Department lawyers reviewed this opinion on specific interrogation practices in or before April of 2003. Deputy Solicitor General Paul Clement told the Supreme Court that the Executive did not engage in "mild torture" or "things of that nature" in April of 2004. We now have further evidence that this was a false representation by DOJ. The memorandum described in the WSJ article carefully parses what does and does not amount to "torture" technically defined -- so when the Justice Department told the Court that DOJ does not engage in "mild" torture "or things of that nature," this was at the very least grossly misleading, and more likely recklessly false. (I say "recklessly" because there's still no reason to think that Clement himself actually knew what he was saying was false. But if he didn't know, he certainly could and should have known.) (2) How any constitutional lawyer could maintain that the President had the authority to authorize these sorts of practices that (even in the eyes of the administration's own lawyers) skate up to the edge of torture (and in my eyes go far beyond the edge) without some sort of congressional authorization is quite simply beyond me. [/QUOTE] [/QB][/QUOTE]
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