Scott Lemieux

Scott Lemieux is an assistant professor of political science at the College of Saint Rose. He contributes to the blogs Lawyers, Guns, and Money and Vox Pop.

Recent Articles

The Nominee the Senate Won't Obstruct

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President Obama's decision to nominate John Brennan to head the CIA was certainly not encouraging to anyone concerned about the administration's record on war powers and civil liberties. Nominating Brennan, who played a significant role in the CIA during the Bush administration, symbolizes the extent to which the abuses of the Bush administration have become mainstream in American government. Brennan's confirmation hearing before the Senate on Thursday reflects this as well. While Brennan did receive slightly more critical questioning than the typical CIA nominee, neither Congress's questions nor Brennan's answers will satisfy skeptics. Here are three key takeaways: Silence on the white paper Days before Brennan's hearings before the Senate, Michael Isikoff uncovered a secret white paper in which the Obama attempted to justify its targeted killings program. Not only should the justifications offered by the paper have been subject to scrutiny from the Senate, the fact that the memo had...

Checks and Balances on the Western Front

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AP Photo/Brennan Linsley T he release of the white paper justifying the Obama administration's targeted killings program—as well as the confirmation hearings for President Obama's CIA nominee John Brennan —has brought attention back to the role the executive branch plays in the abuses and overreaching that have come to define the "War on Terror." This is how it should be. While the president's power over domestic policy tends to be overrated, the president is the dominant force in military affairs. It's also true that Congress shouldn't be left off the hook. The legislative branch has substantial constitutional authority over military affairs. In the case of the War on Terror, Congress has repeatedly deferred to the White House, starting with the extremely broad Authorization for Use of Military Force against al-Qaeda in 2001. While the targeted killings memo did cite the president's Article II powers to defend the country, the most commonly cited authority for the administration's...

License to Kill

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In a major reportorial coup, NBC's Michael Isikoff has uncovered the "white paper" that the Obama administration used to internally justify extrajudicial killings in the "war on terror." Not only has Isikoff performed a valuable service by making the memo available to the public, this will also be the first time it had been made available to most members of Congress . The memo, unfortunately, will not reassure anyone who thinks that the Obama administration has continued much of the Bush administration's overreaching. The document lays out three conditions justifying killings ordered by the executive branch. First, an "informed, high-level official" in the United States government must determine that an individual poses an "imminent threat of violent attack against the United States." Second, the capture of the individual must be "infeasible." And, third, the operation must be conducted in a "manner consistent with applicable law of war principles." When these conditions are met, the...

The D.C. Circuit Court's Chaos Theory

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O n Friday, a three-judge panel on the D.C. Circuit Court of Appeals ruled that President Obama's recess appointments to the National Labor Relations Board—the U.S. agency charged with remedying unfair labor practices—were unconstitutional. The opinion—written by highly partisan Reagan appointee David Sentelle—would effectively remove the president's power to make any recess appointments at a time when counterbalances to an obstructionist Senate are more necessary than ever. The key legal question addressed by the court concerns the president's power to make appointments without the "consent" of the Senate while it is in recess. There is no question that the Senate is in "recess" after a session of Congress has formally adjourned. In a longstanding practice going back to the administration of Andrew Johnson, however, presidents have considered the Senate in "recess" during any substantial break. As the Obama administration noted in its legal memo defending its recess appointments, the...

What Killed Filibuster Reform?

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Senate Majority Leader Harry Reid and Senator McConnell reached an agreement yesterday that will be called "filibuster reform" by some reports. But as The Washington Post 's Ezra Klein summarizes it , "The deal is this: The filibuster will not be reformed." There were some minor changes in the deal that will streamline the confirmation process for nominees to federal district courts (although not appeals courts), but overall the deal is a fizzle for supporters of filibuster reform. The failure to reform the filibuster is a very bad thing . The question is why so many Democratic senators—including some blue-state representatives like Vermont's Patrick Leahy and California Senators Dianne Feinstein and Barbara Boxer—showed so little inclination to act in the interests of progressive values. One issue is that some senators may not accurately perceive the damage that the filibuster does to Democratic interests. One Senate staffer wrote Talking Points Memo to defend the non-reform: I have...

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