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Yoo: Congress Cannot Stop the President From Using Nukes

One of the most shocking revelations in the DOJ’s recently-released report on its lawyers who supported Bush-era torture policy is John Yoo’s admission that he believes the President of the United States could unilaterally order “a village…to be massacred.”

Today, Yoo doubled-down on this statement in an interview with San Francisco radio station KQED. After the host asked him if he stands by his prior support of Presidential massacres, Yoo raised the stakes to endorse the President’s unilateral authority to use nuclear weapons: 

Look at the bombing of Hiroshima and Nagasaki. … Could Congress tell President Truman that he couldn’t use a nuclear bomb in Japan, even though Truman thought in good faith he was saving millions of Americans and Japanese lives? … My only point is that the government places those decisions in the President, and if the Congress doesn’t like it they can cut off funds for it or they can impeach him.

Listen here:

First of all, Yoo’s claim that Congress could cut off funds for a nuclear attack or impeach the President after he makes the decision to launch nuclear weapons does little to prevent a nuclear attack. Even assuming that a supermajority of senators supported taking swift action against a rogue President, the fact that Congress subsequently cut of funding for nuclear launches or removed the President from office would be little comfort to the tens of thousands of people already killed in the attack. Yoo’s solution amounts to shutting the barn door long after the horse has fled.

More importantly, Yoo misrepresents the law. As far back as 1804, a unanimous Supreme Court held in Little v. Barreme that Congress has sweeping authority to limit the President’s actions in wartime. That case involved an Act of Congress authorizing vessels to seize cargo ships bound for French ports. After the President also authorized vessels to seize ships headed away from French ports, the Supreme Court held this authorization unconstitutional on the grounds that Congress’ decision to allow one kind of seizure implicitly forbade other kinds of seizure. More recently, in Hamdi v. Rumsfeld and Hamdan v. Rumsfeld, the Court held that the President does not have the power to unilaterally set military policy (in those cases with respect to detention); he must comply with statutory limits on his power. Taken together, these and other cases unquestionably establish that Congress has the power to tell the President “no,” and the President must listen.

John Yoo is a moral vacuum, but he is also a constitutional law professor at one of the nation’s top law schools and a former Supreme Court clerk. It is simply impossible that Yoo is not aware of Little, Hamdi and Hamdan, or that he does not understand what they say. So when John Yoo claims that the President is not bound by Congressional limits, he is not simply ignorant or misunderstanding the law. He is lying.

Justice

Odierno Supports Repealing Don’t Ask, Don’t Tell And It’s No Big Deal

Obama and OdiernoGeneral Raymnd Odierno, the current Commanding General of forces in Iraq, has joined Gen. David Petraeus, Joint Chiefs of Staff Chairman Mike Mullen and Collin Powell in expressing his opposition to the military’s Don’t Ask, Don’t Tell policy. But what’s surprising isn’t that Odierno thinks gay and lesbian service members can serve openly with straight soldiers without undermining unit cohesion or morale. It’s the indifference with which Odierno — a senior military leader currently leading troops in battle — discusses the matter, suggesting that allowing homosexuals to serve in the military is, well, no big deal.

The issue is ‘controversial’ only because conservatives exploit it to divide the electorate and raise money for their causes:

Asked repeatedly about his stance on the gays in the military, the top commander in Iraq told reporters at the Pentagon, “I dont have time to think about it.” General Raymond Odierno said he hasn’t been focusing on the issue because “we’re kind of busy right now, trying to do our job in Iraq.”

When pressed on his personal opinion he said, “my opinion is everyone should be allowed to serve, as long as we’re still able to fight our wars and we’re able to have forces that are capable of doing whatever we’re asked to do.”

Odierno said he supports the decision by Defense Secretary Robert Gates to conduct a year long review that explores repealing the current “Dont Ask Dont Tell” policy and allowing gays to openly serve. “Let’s give the soldiers a chance to give their opinion, and then move out from there.”

On the other hand, I’d like the military to do more than simply endorse a theoretical, eventual repeal in a quiet way. I’d like to hear Odierno, Powell, Petraeus and Mullen really fight for the military values they believe in and demand an end date on the policy. Their rhetorical support does lend credence and legitimacy to the cause. It places DADT repeal activists in the mainstream. But it also limits the confines of the debate. Military leaders who endorse a repeal without laying out a roadmap for ending the policy legitimize endless policy reviews and delays and zap all credibility of those who argue that repeal can’t wait another year. And so if military leaders want to be helpful, they should really be asking for more.

Climate Progress

Lisa Jackson Announces EPA Will Delay And Weaken Proposed Greenhouse Standards

Lisa JacksonEnvironmental Protection Agency administrator Lisa Jackson today announced she expects the EPA to weaken its proposed standards for global warming pollution from stationary sources and delay implementation until 2011. Responding to a letter from eight Democratic senators with strong ties to coal, oil, and industrial polluters, Jackson previewed changes to the rule to regulate greenhouse gases which her agency proposed last September she expects to make in its final form. Under the Clean Air Act, the finalization of the greenhouse gas endangerment finding originally expected in March — now, according to Jackson’s letter, in April — will trigger permitting requirements for stationary sources.

Jackson’s proposed “tailoring” rule would have limited permitting requirements to emitters of 25,000 tons of carbon dioxide a year, instead of the automatic statutory amount of 250 tons. The 25,000-ton threshold covers only 14,000 industrial pollution sources nationwide, 11,000 of which are currently covered by the Clean Air Act permitting requirements already.

However, today Jackson announced that the “decision-making process has moved far enough along that I can make several central points based on modifications I expect to make in finalizing EPA’s previous proposals,” including a 2011 start date and a “substantially higher” threshold than 25,000 tons:

No stationary sources will be required to get a Clean Air Act permit to cover its greenhouse gas emissions in calendar year 2010.

– EPA will phase-in permit requirements and regulation of greenhouse gases for large stationary sources beginning in calendar year 2011.

– In the first half of 2011, only those facilities that must apply for Clean Air Act permits as a result of their non-greenhouse gas emissions will need to address their greenhouse gas emissions in their permit applications.

– Greenhouse gas emissions permit for other large sources will phase in starting in the latter half of 2011.

– Until 2013, the threshold for permitting will be substantially higher than the 25,000 ton limit that EPA originally proposed.

– The EPA will not subject the smallest sources to Clean Air Act permitting any sooner than 2016, after Obama has left office, even if he wins a second term.

Many of the world’s top climate scientists have warned that global emissions of greenhouse gases “almost certainly need to decline extremely rapidly after 2015” if there is to be a good chance of avoiding catastrophic warming.

The conservative Democratic senators who questioned the economic consequences of the EPA’s endangerment finding were led by Sen. Mark Begich (D-AK) and Sen. Jay Rockefeller (D-WV) and included Robert C. Byrd (D-WV), Sherrod Brown (D-OH), Pat Casey (D-PA), Claire McCaskill (D-MO), Carl Levin (D-MI), and Max Baucus (D-MT). Senators Ben Nelson (D-NE), Blanche Lincoln (D-NE), and Mary Landrieu (D-LA) joined numerous Republicans in supporting a bid to overturn the scientific endangerment finding entirely.

If the endangerment finding is overturned, Jackson notes in her letter, “it would undo the historic agreement among states, automakers, the federal government, and other stakeholders” for higher fuel-economy standards, “leaving the automobile industry without the explicit nationwide uniformity that it has described as important to its business.” Not to mention the health and economic costs of failing to reduce our deadly dependence on oil.

Download Jackson’s letter to conservative Democratic senators.

Update

William Becker, Executive Director of the National Association of Clean Air Agencies, which strongly supports the endangerment finding, praised today’s announcement with the following statement:

State and local clean air agencies applaud EPA Administrator Jackson for laying out a practical and effective path forward for permitting large greenhouse gas-emitting facilities under the Clean Air Act. EPA has demonstrated that it is not only listening to states’ concerns, but is relying upon states’ solutions. With the additional time and flexibility EPA is providing, states will be able to administer the permit program more efficiently and effectively.


Update

,NRDC’s Climate Center policy director David Doniger praises delay of permitting requirements until 2011:

This schedule allows a reasonable transition time for companies planning to build or expand the largest sources.


Update

,Sen. Jay Rockefeller (D-WV) want to legislate delayed protections against global warming, with the ironic justification that “we cannot gamble on our future“:

I am glad to see that the EPA is showing some willingness to set their timetable for regulation in to the future – this is good progress but I am concerned it may not go far enough. I believe we need to set in stone through legislation enough time for Congress to consider a comprehensive energy bill. EPA actions in this area would have enormous implications on clean coal state economies and these issues need to be handled carefully and appropriately dealt with by the Congress, not in isolation by a federal environmental agency. We cannot gamble on our future especially at a time when so many people are hurting. As I evaluate the EPA’s letter, I remain committed to presenting legislation that would provide Congress the space it needs to craft a workable policy that will protect jobs and stimulate the economy.


Update

,Sen. Lisa Murkowski (R-AK) is even less satisfied, raising the tired economy-vs-environment canard as her state melts into oblivion:

While the delay in implementation is a small forced step in the right direction, the Clean Air Act continues to be the wrong tool for the job, and EPA’s timeline continues to create significant and ongoing uncertainty for a business community. Congress is the appropriate body to address climate policy. Until the specter of command-and-control regulations goes away, it will remain a counterproductive threat hanging over the work that must be done to find common ground. The EPA has restated its commitment to regulating greenhouse gases, down to the smallest emitters, regardless of the economic consequences.

EPA regulation of greenhouse gases will increase consumer energy prices, add greatly to administrative costs for businesses, and create massive new layers of government bureaucracy. Such regulation, even slightly delayed, will endanger job creation, economic growth, and America’s competitiveness.

Yglesias

Endgame

It was a crime at the time, but the laws we changed ‘em:

— All about remittances.

“In Iraq, women serving in the military are more likely to be raped by a fellow soldier than killed by enemy fire.”

— The component elements of health reform are popular.

— My dad’s book, nominated for a prize.

— Members of congress threaten federal intervention into WMATA.

Read Fareed Zakaria.

In honor of John Yoo, “The Laws Have Changed”.

Security

Rep. King Justifies Suicide Attack On IRS: Sympathizes With Hatred Of IRS, Hopes For Its Destruction

On Thursday, a man flew a plane into a Texas federal building in an apparent domestic terrorist attack. The suicide bomber, identified as Joseph Andrew Stack, was allegedly a right wing extremist who wrote on a website that violence “is the only answer” and expressed anger at the IRS, the federal government, and health care reform. Some on the fringe right have declared Stack a hero.

ThinkProgress caught up with Rep. Steve King (R-IA) at CPAC to talk about the attack in Texas. Asked if the right-wing anti-tax rhetoric might have motivated the attack, King implicitly agreed, noting that he had been a leading opponent of the IRS for some time. He noted that although the attack was “sad,” “by the same token,” it was justified because once the the right succeeds at abolishing the IRS, “it’s going to be a happy day for America.” He sidestepped the question of the legitimacy of the terrorists’ grievances, but sympathized by saying that “I’ve had a sense of ‘why is the IRS in my kitchen.’ Why do they have their thumb in the middle of my back”:

TP: Do you think this attack, this terrorist attack, was motivated at all by a lot of the anti-tax rhetoric that’s popular in America right now?

KING: I think if we’d abolished the IRS back when I first advocated it, he wouldn’t have a target for his airplane. And I’m still for abolishing the IRS, I’ve been for it for thirty years and I’m for a national sales tax. [...] It’s sad the incident in Texas happened, but by the same token, it’s an agency that is unnecessary and when the day comes when that is over and we abolish the IRS, it’s going to be a happy day for America.

TP: So some of his grievances were legitimate?

KING: I don’t know if his grievances were legitimate, I’ve read part of the material. I can tell you I’ve been audited by the IRS and I’ve had the sense of ‘why is the IRS in my kitchen.’ Why do they have their thumb in the middle of my back. … It is intrusive and we can do a better job without them entirely.

Watch it:

Last week, Sen. Scott Brown (R-MA), despite his long history of inflamed rhetoric about terrorism and domestic security, essentially disregarded the attack. As ThinkProgress’ Max Bergmann observed, “It is naive for Brown to think the dangers of right wing terrorism aren’t real. Last year, the Department of Homeland Security released a report warning of the dangers of rising right wing extremism, as was evidenced by the shooting at the Holocaust museum in D.C. and by a Pittsburgh killer who was partially inspired by Glenn Beck.”

Indeed, it’s not only hate radio personalities encouraging violence against the government. Far right members of Congress, like Rep. Michele Bachmann (R-MN), have called for people to get “armed and dangerous” against the administration’s clean energy policies. King’s quasi-embrace of the Texas terrorist’s grievances is similarly dangerous.

Climate Progress

Scientists withdraw low-ball estimate of sea level rise — media are confused and anti-science crowd pounces

Projected sea level rise

The 2007 IPCC Fourth Assessment Report (AR4) report ignored dynamic ice-sheet disintegration, which was already happening (see Nature: “Dynamic thinning of Greenland and Antarctic ice-sheet ocean margins is more sensitive, pervasive, enduring and important than previously realized”).  The IPCC therefore low-balled sea level rise estimates, suggesting seas might rise “only” a foot or two this century, greatly delighting the anti-science crowd (see “Debunking Bj¸rn Lomborg:  Misrepresenting Sea Level Rise“).

Read more

Yglesias

Coleman & Holtz-Eakin on the Need for the American Action Network

With regard to my question of why existing right-wing think tanks aren’t good enough and there’s a need instead to create a new American Action Network, my colleague Victor Zapanta actually went to the launch event today and asked about this:

That’s pretty boilerplate stuff. And I’m not really sure it’s accurate. The main theme seems to be the idea that ANA will have a kind of rapid-response capability that existing outfits lack. But the Heritage Foundation does a lot of this stuff on its blog where you can find, e.g., lots of quick reactions to the White House health care bill.

At any rate, Holtz-Eakin has historically taken some unorthodox policy positions. He thinks global warming is real and should be combatted with a cap-and-trade policy, for example, though he succeeded in making up some rationalization for opposing Waxman-Markey. Is he going to stick with those views, or will he follow his old boss into incoherent efforts to fall into line with the orthodoxy?

Health

Clyburn Predicts House Will Pass Senate Bill With Obama’s Fixes

This morning, House Majority Whip James Clyburn (D-SC) suggested that Democrats have enough votes to pass the Senate health care bill in the House if President Obama’s ‘fixes’ were adopted using reconciliation. Clyburn stressed that he had “not seen what the president’s proposals are” but said that the House could pass the bill with more than 219 votes if what he’s been hearing about the bill is accurate:

CLYBURN: Well, you know, I do believe that we got to 219 before. We got there with some people holding out for things we have not gotten in the Senate plan and other things.

TODD: You think there is more there.

CLYBURN: So I do believe there is more fertile soil today than there was when we first took this up.

Watch it:

The White House released its bill ahead of the bipartisan health care summit to present a unified Democratic front, but the real audience for the legislation aren’t Republicans (they’re not voting for health care), it’s Congressional Democrats who have resisted passing the Senate health care bill until the senate improved its affordability standards and increased the threshold on the excise tax. The Obama plan attempts to bridge the gap between the House and Senate proposals without adopting progressive measures like the national exchange and the public option. The plan also fails to endorse the House’s push for repealing insurers’ special anti-trust exemption.

The President’s moves to the left are not insignificant, but it’s not clear if it will be enough to sway reluctant progressives, angry at the White House for almost leaving reform at the alter in the aftermath of the Massachusetts election. So far, House Democrats have only acknowledged the release. The chairmen of the three House committees with jurisdiction over health policy, Reps. Charles Rangel (D-NY), George Miller (D-CA), and Henry Waxman (D-CA) issued a general statement praising Obama for “moving in the right direction.” House Speaker Nancy Pelosi (D-CA) also only went so far as to say that Obama’s plan “contains positive elements from the House and Senate-passed bills.”

Clyburn’s assessment is the only ringing endorsement for the plan in a sea of lukewarm support. Here’s to hoping it doesn’t get any colder.

Climate Progress

NREL: US has three times more wind electrictiy potential than previously thought

Today’s guest blogger is Tom Kenworthy, Senior Fellow at American Progress.

Last month, an NREL study showed that America could generate 20% percent of its power just with wind by 2024.  That would require about 300,000 MW or 300 GW.  The ultimate potential is much, much higher — 30 times higher (!) — as Tom Kenworthy, CAP’s Senior Fellow based in Colorado, explains.

Thanks to improvements in wind turbines over the last decade and a half, the United States has the potential to generate more than three times as much electricity from wind as previously thought, according to a new analysis from the National Renewable Energy Laboratory (NREL).

The assessment of onshore wind energy potential found that the U.S. could produce almost 37 million gigawatt-hours yearly. According to the American Wind Energy Association, that’s nine times our current annual electricity consumption.

Read more

Yglesias

What Would a Property Bubble in China Look Like?

This FT article canvassing the possibility of a massive bubble in China seems to me to mostly demonstrate that it’s hard to know what a bubble would really look like in a very poor country that’s growing rapidly. They have this chart:

chinahouses

But China’s GDP has been growing at 8-10 percent this whole time, so are those crazy numbers? And there’s this:

Chenggong is a new town near Kunming, one of the main cities in the south-west of China. Construction started in 2003 and the results are now apparent in 13 immaculate local government buildings, each clad in marble tiles. A high school boasts an impressive indoor swimming pool and several of the region’s main universities have built large campuses. Pristine high-rise apartment blocks stand in rows, their new windows glinting in the subtropical sun.

The one drawback: at the moment, Chenggong is almost completely empty. Its wide streets are all but bereft of traffic, a bank branch has no customers and leaves collect in the foyers of the municipal offices.

Sounds bad. At the same time, according to James Fallows most Chinese people don’t have indoor plumbing which puts the prospect of overbuilt condos in a different kind of context. When the US builds too many houses in Riverside County or the suburbs of Las Vegas, we wind up with lots of empty houses. If China builds “too many” high-rise apartments then presumably . . . a bunch of people get to move out of crude huts and into high-rise apartments with running water. The rapid growth in China’s building stock could come to a sudden end someday soon and investors might (or then again might not) lose a bunch of money, but I think you’d be hard-pressed to say that all this building in China is a “waste” from the point of view of human welfare. Most Chinese people are horribly poor and could really use more and better housing.

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