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Feb. 8, 2013

Rabbi Berel Wein: Lofty ideals must be followed with grounded applications

Clifford D. May: Letter from the West Bank
Steve Rothaus: Judge OKs plan for gay man, lesbian couple to be on girl's birth certificate
Gloria Goodale: States consider drone bans: Overreaction or crucial for privacy rights?
Environmental Nutrition Editors: Don't buy the aloe vera juice hype
Michael Craig Miller, M.D.: Harvard Experts: Regular exercise pumps up memory, too
Erik Lacitis: Vanity plates: Some take too much license
The Kosher Gourmet by Susie Middleton: Broccoflower, Carrot and Leek Ragout with Thyme, Orange and Tapenade is a delightful and satisfying melange of veggies, herbs and aromatics
Feb. 6, 2013

Nara Schoenberg: The other in-law problem

Frank J. Gaffney Jr. : A see-no-jihadist for the CIA
Kristen Chick: Ahmadinejad visits Cairo: How sect tempers Islamist ties between Egypt, Iran
Roger Simon: Ed Koch's lucky corner
Heron Marquez Estrada: Robot-building sports on a roll
Patrick G. Dean, M.D.: Mayo Clinic Medical Edge: How to restore body's ability to secrete insulin
Sharon Palmer, R.D.: 3 prostate-protecting diet tips
The Kosher Gourmet by Emma Christensen 7 principles for to help you make the best soup ever in a slow cooker
Feb. 4, 2013

Jonathan Tobin: Can Jewish Groups Speak Out on Hagel?

David Wren: Findings of government study, released 3 days before Newtown shooting, at odds with gun-control crusaders
Kristen Chick: Tahrir becomes terrifying, tainted
Curtis Tate and Greg Gordon: US keeps building new highways while letting old ones crumble
David G. Savage: Supreme Court to hear case on arrests, DNA
Harvard Health Letters: Neck and shoulder pain? Know what it means and what to do
Andrea N. Giancoli, M.P.H., R.D.: Eat your way to preventing age-related muscle loss
The Kosher Gourmet by Diane Rossen Worthington Baked Pears in Red Wine and Port Wine Glaze: A festive winter dessert
Feb. 1, 2013

Rabbi Dr. Tzvi Hersh Weinreb: Redemption

Clifford D. May Home, bloody, home
Christa Case Bryant andNicholas Blanford Why despite Syria's allies warning of retaliation for Israeli airstrikes, the threats are likely hollow
Rick Armon, Ed Meyer and Phil Trexler Ex-police captain cleared by DNA test is freed after nearly 15 years
Harvard Health Letters: Could it by your thyroid?
Sharon Palmer, R.D.: When 'healthy food' isn't
Sue Zeidler: Coke ad racist? Arab-American groups want to yank Super Bowl ad (INCLUDES VIDEO)
The Kosher Gourmet by Nealey Dozier The secret of this soup is the garnish
January 30, 2013

Allan Chernoff: Celebrating 'Back from the Dead Day'

America isn't a religious country? Don't tell Superbowl fans!
Mark Clayton Cybercrime takedown!
Germany remembers Hitler rise to power
Israel salutes U. N. --- with the one finger salute
Sharon Palmer, R.D.: Get cookin' with heart-healthy fats
Ballot riles Guinness World Records
The Kosher Gourmet by Elizabeth Passarella Potato, Squash and Goat Cheese Gratin
January 28, 2013

Nancy Youssef: And Democracy for all? Two years on, Egypt remains in state of chaos

Fred Weir: Putin: West is fomenting jihadi 'blowback'
Meredith Cohn: Implantable pain disk may help those with cancer
Michael Craig Miller, M.D. : Ask the Harvard Experts: Are there drugs to help control binge eating?
David Ovalle Use of controversial 'brain mapping' technology stymied
Jane Stancill: Professor's logic class has 180,000 friends
David Clark Scott Lego Racism?
The Kosher Gourmet by Mario Batali The celebrated chef introduces us to PANZEROTTI PUGLIESI, cheese-stuffed pastry from Italy's south


Jewish World Review Sept. 17, 2007 / 5 Tishrei 5768

The Overlawyered War

By Michael Barone


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http://www.JewishWorldReview.com | "Never in the history of the United States had lawyers had such ex-traordinary influence over war policy as they did after 9/11." Those are the words of Jack Goldsmith, the Harvard law professor who was one of those lawyers, as head of the Justice Department's Office of Legal Counsel in 2003 and 2004. They appear in his book The Terror Presidency, hailed as a criticism of the Bush administration's legal policies, which in part it is. Believing that some of his predecessor's opinions, particularly two on interrogation techniques, were "deeply flawed," he reversed them. He argues that the administration would have ended up with more latitude in fighting terrorism if it had worked with Congress to get legislation, even if those laws would not have been as expansive as the administration wanted. It's a serious argument, and he also presents fairly, I think, the opposing view that such restrictions would make it harder to protect the American people.


But anyone who goes beyond the first newspaper stories and reads the book will find another message. For one thing, Goldsmith also supports many much-criticized policies—the detention of unlawful combatants in Afghanistan and their confinement in Guantánamo, trials by military commissions, the terrorist surveillance program. And he rejects the charge that the administration has disregarded the rule of law. Quite the contrary. "The opposite is true: the administration has been strangled by law, and since September 11, 2001, this war has been lawyered to death." There has been a "daily clash inside the Bush administration between fear of another attack, which drives officials into doing whatever they can to prevent it, and the countervailing fear of violating the law, which checks their urge toward prevention."


It was not always so, he points out. In 1942, Franklin Roosevelt ordered military commissions to try the eight Nazi saboteurs who had landed on our shores; the Supreme Court unanimously approved, and six were executed six weeks after they were apprehended, to the applause of the media of the day. But FDR "acted in a permissive legal culture that is barely recognizable to us today." In the wake of Vietnam and Watergate, Congress passed laws that criminalized military and civilian officers who broke the rules on electronic surveillance and detainee treatment: "the criminalization of warfare." Its ban on political assassination deterred the Clinton administration from gunning down Osama bin Laden. The CIA has become so wary of possible criminal charges that it urges agents to buy insurance. Developments in international law, especially the doctrine of universal decision, also threaten U.S. government officials with possible prosecution abroad. All of this creates a risk-averseness that leaves us more vulnerable to terrorists.


10,000 lawyers. The CIA today employs more than 100 lawyers, the Pentagon 10,000. "Every weapon used by the U.S. military, and most of the targets they are used against, are vetted and cleared by lawyers in advance," Goldsmith notes. In this respect, the national security community resembles the larger society. As Philip Howard of Common Good points out, we are stripping jungle gyms from playgrounds and paying for unneeded medical tests for fear of lawsuits.


The audiotapes released last week of Khalid Shaikh Mohammed's interrogation remind us that we are faced with evil enemies and that getting information from them can save lives. Goldsmith, who withdrew his predecessor's interrogation opinions, nevertheless understands this and makes a strong case that our national security apparatus is overlawyered. Most Americans seem to agree; an Investor's Business Daily poll shows that more than 60 percent of Americans—and majorities of Democrats as well as Republicans—favor wiretapping terrorist suspects without warrants, increased surveillance, retaining the Patriot Act, and holding enemy combatants at Guantánamo. Unfortunately, the 30 percent or so who disagree are disproportionately represented in the legal profession and in the media. The 1970s laws that have helped produce the overlawyering of this war were prompted by the misdeeds of one or two presidents. But they will hamper the efforts of our current president as well as his successors in responding to a threat that is likely to continue for many years to come.

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