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We can have a long legal argument about whether the Obama administration's white paper on drone strikes is any good.

What I will say is that there is a certain mindset shared by many of my legal colleagues that is sort of the lawyer's version of the Red Dawn fantasy. If you just prove something is illegal, then some judge will order it illegal and put a stop to it!!

No. When Big Brother is really coming for us, the judges will be part of it and even if they aren't, the orders they issue won't be worth the paper they're printed on. Legal remedies are irrelevant.

If you don't like the drone policy, you must check it with politics. If the "it's illegal!!111!11one!!!11" argument is in furtherance of a political argument, fine. But the courts will not save you. The generation before us that was bailed out time and again by an anomalous run of progressive decisions from the Supreme Court experienced the exception to the rule.

Forget arguing legal this/legal that commander-in-chief this/commander-in-chief that. Either it's a political issue that a mass of political people care about and will do something about, or the drones will fly.

It's as simple as that. So, like any good election season diary, what this means is "GOTV" and leave the academic papers at school.

(Also, too, this is why it's incredibly myopic to keep the filibuster. People who espouse bad policies must own them politically).

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Comment Preferences

  •  Tip Jar (3+ / 0-)

    GOP: The Party of Acid rain, Abortion of the American Dream, and Amnesty for Wall Street.

    by Attorney at Arms on Wed Feb 06, 2013 at 08:15:04 AM PST

  •  Make a linkage here (0+ / 0-)

    Drone strikes against American citizens,
    NRA-types clinging to their guns to defend against a tyrannical government.
    As if their puny arsenals would make a difference against a drone strike.
    If the NRA types can be motivated against drones, then we may have a chance to end them.
    Back in the real world, the toothpaste is out of the tube.
    The time when a political solution to this was possible was during run up to the 2008 campaign. It should have been a major scandal of the Bush Administration that these machines were being deployed at all, even in a hot war zone. And if it had been played right, if the public had been informed about the illegality, about the blowback, about the pure immorality of these machines, then Obama could have campaigned on abolishing them.
    It wasn't and he didn't.
    Now, they proliferate.
    And now, just like with Nukes, the task of winding that back down is extremely daunting.
    You want another nightmare that is on the horizon now? Self driving cars.
    Self-delivering Car Bombs.
    A poor man's cruise missile.

    If I ran this circus, things would be DIFFERENT!

    by CwV on Wed Feb 06, 2013 at 12:21:08 PM PST

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