Thursday, January 5, 2012

Retire Obama: Parts 3, 4 and 5

Ripped from recent headlines:

Reason No. 3 -- The National Defense Authorization Act signing statement

Basically, the latest Defense bill -- the NDAA -- allows for the military to indefinitely detain suspected terrorists, even if said suspects are U.S. citizens.  Put aside for a moment that this is already the state of the law, with or without this bill (see, e.g., Jose Padilla).  In signing the bill into law, The One made use of a comprehensive signing statement on this and other provisions (related to sharing missile data with Russia and sanctions on Iran's oil exports and the Iranian Central Bank).

On the detention provision:
My administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a nation.
No.  He'll just kill them!!!!!

I'm not against signing statements.  American citizens can be indefinitely detained by the military if they are fighting for the enemy in a time of war.  Whether Obama chooses this route or not is for him to decide.  I think the other two are wrong on the merits but, again, the President is commander-in-chief.  Congress cannot limit his inherent powers in this regard.

The problem I have is, yet again, President Obama working very much in a contrary way to Candidate Obama.

Candidate Obama on President Bush's use of signing statements:

And, of course, this is not BHO's first use of signing statements.

For rank hypocrisy, Retire Obama!

Reason No. 4 -- "Recess" Appointments while the Senate is not in Recess

President's have the Constitutional authority to fill executive appointments without Senate approval if the appointments are made while the Senate is in recess (that is, out of session).

The Senate -- led by Democrat Harry Reid -- is not in recess.  Far be it for little problems like legal niceties to get in The One's way, he purports to have used his recess appointment power to give "recess" appointments to Richard Cordray to head the ill-conceived, too-powerful Consumer Protection Financial Bureau and three others to fill open seats on the National Labor Relations Board.

The theory that The One's followers are peddling this day are that the Senate's pro forma sessions constitute a de facto recess.  Unfortunately, just last year, Obama's own Justice Department rejected this theory in a case before the United States Supreme Court.

Speaking for Justice in the case of New Process Steel, L.P. v. National Labor Relations Board was Deputy Solicitor General Neal Katyal:
CHIEF JUSTICE ROBERTS: And the recess appointment power doesn't work why?
MR. KATYAL: The -- the recess appointment power can work in -- in a recess. I think our office has opined the recess has to be longer than 3 days. And -- and so, it is potentially available to avert the future crisis that -- that could -- that could take place with respect to the board. If there are no other questions –
CHIEF JUSTICE ROBERTS: Thank you, counsel.
Even a supporter of the President at even the liberal The New Republic agrees the legal justification for this move is, err, uhh, lacking.

Reason No. 5 -- BHO's New Defense "Strategy"

Lots of cuts in troops and weaponry.  Carter 2.0 continues.

Read it and Weep

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