The actual legal reasoning the Department of Justice used to kill an ...

Months ago, the Obama Administration revealed that it would target al-Awlaki. It even managed to wriggle out of a lawsuit filed by his father to prevent the assassination. But the actual legal reasoning the Department of Justice used to authorize the strike? It?s secret. Classified. Information that the public isn?t permitted to read, mull over, or challenge.

Why? What justification can there be for President Obama and his lawyers to keep secret what they?re asserting is a matter of sound law? This isn?t a military secret. It isn?t an instance of protecting CIA field assets, or shielding a domestic vulnerability to terrorism from public view. This is an analysis of the power that the Constitution and Congress? post September 11 authorization of military force gives the executive branch. This is a president exploiting official secrecy so that he can claim legal justification for his actions without having to expose his specific reasoning to scrutiny. As the?Post?put it, ?The administration officials refused to disclose the exact legal analysis used to authorize targeting Aulaqi, or how they considered any Fifth Amendment right to due process.?

The rest Here.

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Many see this as killing a bad guy and so who cares. But ?who cares?? denies basic rule-of-law. Either the constitution matters or it doesn?t. We assume ALL criminals are bad guys. They still get a fair trial by a jury of their peers.

No matter where their criminal acts occur, we give them a fair trial. al-Awlaki could have been tried in-absentia and sentenced to death and this wouldn?t be an issue. He wasn?t killed on an actual battlefield or anywhere near one.

Since we don?t even have the faintest idea as to the legal reasoning behind this decision, it is a classified secret, we don?t know if this same ?reasoning? could be used to justify killing an American citizen in Britain or even Cleveland. We also don?t know if it means American citizens can be killed by executive fiat for alleged crimes like rape, grand theft or shop lifting in foreign nations or again right here at home. What is the legal logic? It?s a secret.

In fact, given what we think we know concerning al-Awlaki, did he commit a death penalty offense assuming he were tried and convicted right here in the US? What exactly was he accused of? Was he a bad guy? Undeniably. What sets him apart from a thousand or a million bad guys across the nation? Is every accused American now subject to Predator strikes? For which crimes might we expect holy hell to rain down upon us? It is a Secret.

This ties in quite closely to an article in the Telegraph.

Russia ?gave agents licence to kill? enemies of the state

The Russian secret service authorised the ?elimination? of individuals living overseas who were judged to be enemies of the state and ordered the creation of special units to conduct such operations, according to a document passed to The Daily Telegraph.

Are we giving the executive branch a license to kill? Clearly Obama did not pull this trigger. Are we not only giving him a right to kill but to issue licenses to sub-ordinates to kill as well? Does he only get to kill muslims? Will he be able to pull the trigger on any dissident or tax evader? Given the current humanistic religion in Washington will Christians someday make the list? Does the legal reasoning restrict the President?s new license in anyway? Did he have to take a practical skills test? A vision test? Are there any limits at all on this new executive privilege? We don?t know.

It is a secret.

?

Amendment 5

No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a Grand Jury, except in cases arising
in the land or naval forces, or in the Militia, when in actual service in time
of War or public danger; nor shall any person be subject for the same offense
to be twice put in jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of law; nor shall private property be
taken for public use, without just compensation.

Think this ?time of war? changes things?
The Fifth Amendment owes its origins in no small part to a Bill of Attainder passed by the Virginia Assembly in 1778 smack dab in the middle of the War for Independence.?What was the crime? For levying war against the state of Virginia. What was the penalty? It gave Josiah Phillips a period of time to turn himself in or suffer the death penalty at the hands of anybody able to deliver it.

Thomas Jefferson passed it at Patrick Henry?s request. This was later recognized as a mistake and the Fifth Amendment requirement for indictment by a jury was one of the results. Circumstances like Josiah Phillips (a very bad man who actually murdered and raped many) and al-Awlaki?s (a piker compared to Phillips) may be the thought behind Madison?s famous quote ?The means of defense against foreign danger historically have become the instruments of tyranny at home.? A quick search would reveal most of the founder?s had similar thoughts.

If a time of war justifies government excess, we shall always have war.

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Source: http://www.redstate.com/roguepolitics/2011/10/03/the-actual-legal-reasoning-the-department-of-justice-used-to-kill-an-american-it-is-a-secret/

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More exposure in Texas could help SEC recruiting

FILE - In this Sept. 17, 2011, file photo, Arkansas coach Bobby Petrino motions to a player during the second quarter of an NCAA college football game against Troy in Fayetteville, Ark. Petrino has 19 guys from Texas on his roster, but it irks him that there always seem to be a couple players he couldn't persuade to leave Texas because they grew up watching Big 12 football. Now that Texas A&M is about to enter the SEC, Petrino hopes he'll have fewer near-misses in Texas. (AP Photo/Danny Johnston, File)

FILE - In this Sept. 17, 2011, file photo, Arkansas coach Bobby Petrino motions to a player during the second quarter of an NCAA college football game against Troy in Fayetteville, Ark. Petrino has 19 guys from Texas on his roster, but it irks him that there always seem to be a couple players he couldn't persuade to leave Texas because they grew up watching Big 12 football. Now that Texas A&M is about to enter the SEC, Petrino hopes he'll have fewer near-misses in Texas. (AP Photo/Danny Johnston, File)

Alabama coach Nick Saban runs off the field, signaling No. 1, following Alabama's 38-10 victory over Florida during an NCAA college football game Saturday, Oct. 1, 2011, in Gainesville, Fla. (AP Photo/Rick Wilson)

Arkansas coach Bobby Petrino recruits in Texas as much as any coach in the Southeastern Conference.

As the SEC's westernmost member, the Razorbacks' roster lists 22 players from the talent-rich, football-obsessed Lone Star state.

Now that Texas A&M is joining the SEC, Petrino said he expects to do even better there.

"We'll have more exposure, more TV games," he said Wednesday on the SEC coaches' teleconference.

"I always felt we lost a couple of kids to Big 12 teams because those kids grew up watching those teams on TV and wanting to play in the Big 12," he said.

When it comes to recruiting, exposure is a valuable commodity.

The more exposure a school gets through televised games and media coverage, the more it builds name recognition with a wider audience. The SEC has one of the best television deals in college sports, with a nationally televised game on CBS every Saturday afternoon ? and sometimes one at night, too ? and ESPN serving up a steady diet of SEC football.

So it's not as if kids in Texas can't watch SEC teams play and, indeed, conference coaches are split on how much of a boost their league will get from adding the Aggies.

LSU coach Les Miles said reaching recruits definitely goes beyond what's on national television.

"It'll be a great opportunity for the local media in Texas to see the in-state conference being the SEC," said Miles, who routinely grabs top-notch recruits from the Houston area. "I think when the media covers a conference game ... because there's now a conference school in that state, that it will give great opportunities for schools in our conference, certainly LSU, to get into Texas."

Playing in Texas helps, too.

Since 1992, when the SEC added Arkansas and South Carolina, SEC teams have gone on the road for 19 regular-season games in the state of Texas. Arkansas, predictably, has played the most with eight. Mississippi State has played four, LSU three and Mississippi and Vanderbilt have each played two.

The Cotton Bowl has had a deal with the SEC to select one of its teams since 1998.

Teams often schedule games with the idea of showcasing their program to recruits in a particular area, though most SEC schools don't have to go far to find a wealth of good football players.

"I think there are so many players in the Southeast a lot of schools in our league just didn't feel that they needed to go there," said Auburn coach Gene Chizik, who has also been an assistant at Texas and the head coach at Iowa State.

He said when he worked in the Big 12 and recruited in Texas, "In general, you saw a couple of SEC schools there for a couple of guys."

Tennessee coach Derek Dooley was an assistant at LSU under Nick Saban and was the head coach at Louisiana Tech before taking over in Knoxville. He has done plenty of recruiting in Texas in his old jobs and his new one.

He said while having Tennessee talked about in Texas more often should be a good thing for the Vols, A&M's entry to the SEC also could create a new stumbling block.

"We also know it makes it more challenging because you have to go beat the home school," he said. "If you have a kid that wants to get into the SEC, he's got an option to stay in the state."

Chizik and Mississippi coach Houston Nutt said that they would probably have to re-evaluate how much time, effort and money they spend in Texas. Georgia's Mark Richt, whose program has done just fine recruiting mostly in-state in neighboring Florida and South Carolina, said he would likely "investigate" whether it's worth trying to dip into Texas more often.

On the other hand, new Vanderbilt coach James Franklin, who has emphasized a national approach to recruiting, and Mississippi State coach Dan Mullen said their assistants are already in Texas and they won't change their approach.

South Carolina coach Steve Spurrier also said A&M to the SEC won't change his staff's travel plans.

"I don't think we'll go into Texas," he said. "I think a lot of those high school kids might say, 'Now tell me where is South Carolina? That's where now? Oh, yeah, it's right below North Carolina.'"

Florida coach and former Texas defensive coordinator Will Muschamp wondered if too much is being made of the windfall of talent headed the SEC's way.

"There are young men in the state of Texas who are going to be Longhorns, there are young men who are going to be Aggies and Oklahoma has always done a great job in the Dallas area and that's always going to be true," he said. "I do think it will help as far as exposure is concerned."

Saban, seemingly always a step ahead of the pack, had already stepped up Alabama's recruiting in Texas last year.

"We put another coach in Texas because we thought it was a place we should spend more time recruiting," Saban said.

Still, he's not sure he's buying the conventional wisdom about A&M providing a gateway to Texas for all those tenacious SEC recruiters.

"If you get more exposure there is more recognition and more interest and that should help you in recruiting Texas," he said, "but there's no proof of that."

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/347875155d53465d95cec892aeb06419/Article_2011-10-05-FBC-SEC-Recruiting-Texas/id-b0eae60dc07045a4b33dd720789faf8e

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Kirk sees Russia joining WTO in 2011 (reuters)

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Opening The Door To A Lovely Storage

[unable to retrieve full-text content]Regardless of being the first room that the majority owners see once they enter their homes, the garage is probably probably the most ignored and least talked-about room in the case of home improvement. The standard bland ...

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Nobel Prize winner dies just days before he won

The 2011 Nobel Prize in medicine was awarded Monday to scientists in the US and France for uncovering triggers that activate an organism's immune system. One recipient died just days before the announcement.

The 2011 Nobel Prize in Physiology or Medicine was awarded Monday to scientists in the US and France for uncovering triggers that activate an organism's immune system.

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The discoveries have served as the foundation for a new generation of vaccines either in clinical trials or on the horizon, researchers say.

Two scientists ? Bruce Beutler of the Scripps Research Institute in La Jolla, Calif., and Jules Hoffmann, who until 2009 headed a lab at the Institute for Molecular Cell Biology in Strasbourg, France ? will split half of the 10 million Swedish krona (about $1.46 million US) purse.

The duo was recognized for work conducted in the mid to late 1990s that uncovered genes bearing the blueprint for proteins that sense the presence of invading microorganisms linked to diseases. These sensors trigger an organism's initial immune response.

Dr. Hoffmann identified the mechanism in fruit flies. Dr. Beutler uncovered a similar mechanism in mammals.

The second half of the purse was awarded to Ralph Steinman, until three days ago the director of Rockefeller University's Center for Immunology and Immune Diseases. In 1973, he found a new type of cell that triggers and regulates the second stage of an organism's immune response, which aims to rid the human body of marauding microbes.

Following the announcement of Monday's award, news surfaced that Dr. Steinman passed away three days ago. The award stiplates that the recipients must be alive at the time the winners are announced.

According to Rockefeller University, Steinman's family had not contacted the university about his death until Monday.

"I think you can safely say that this hasn't happened before," Nobel Foundation spokeswoman Annika Pontikis told the Associated Press.

"It is incredibly sad news," Nobel committee member Goran Hansson told the AP. "We can only regret that he didn't have the chance to receive the news he had won the Nobel Prize. Our thoughts are now with his family."

For Beutler and Hoffmann, the award is the latest addition to the accolades they have received from the scientific community in recent years.

In 2007, the two won Italy's Balzan Prize in Epigenetics for their work. Earlier this year, they shared Hong Kong's Shaw Prize with Yale University's Ruslan Medzhtov for the insights the trio's work provides on the immune system.

The Nobel Prize in Medicine or Physiology is the first of six annual prizes to be awarded over the next seven days. This week, it will be followed by the prizes for physics, chemistry, literature, and the peace prize. On Oct. 10, the prize for economics will be announced.

The recipients will receive their awards on Dec. 10 at a ceremony in Stockholm.

Source: http://rss.csmonitor.com/~r/feeds/science/~3/XKLGyG9_itQ/Nobel-Prize-winner-dies-just-days-before-he-won

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Wild CC helps Tigers take 2-1 lead in ALDS

New York Yankees' Derek Jeter strikes out swinging to end the ninth inning of Game 3 of baseball's American League division series against the Detroit Tigers on Monday, Oct. 3, 2011, in Detroit. (AP Photo/Duane Burleson)

New York Yankees' Derek Jeter strikes out swinging to end the ninth inning of Game 3 of baseball's American League division series against the Detroit Tigers on Monday, Oct. 3, 2011, in Detroit. (AP Photo/Duane Burleson)

New York Yankees starting pitcher CC Sabathia walks off the mound after being replaced during the sixth inning of Game 3 of baseball's American League division series on Monday, Oct. 3, 2011, in Detroit. At left is manager Joe Girardi. The Tigers defeated the New York Yankees 5-4. (AP Photo/Paul Sancya)

Detroit Tigers fans yell at New York Yankees starting pitcher CC Sabathia (52) after he is pulled during the sixth inning of Game 3 of baseball's American League division series Monday, Oct. 3, 2011, in Detroit. (AP Photo/Duane Burleson)

New York Yankees starting pitcher CC Sabathia wipes his face during the fourth inning of Game 3 of baseball's American League division series against the Detroit Tigers on Monday, Oct. 3, 2011, in Detroit. (AP Photo/Paul Sancya)

Detroit Tigers relief pitcher Jose Valverde reacts after striking out New York Yankees' Derek Jeter during the ninth inning of Game 3 of baseball's American League division series on Monday, Oct. 3, 2011, in Detroit. (AP Photo/Paul Sancya)

DETROIT (AP) ? CC Sabathia's wild night has the New York Yankees on the brink of elimination.

Sabathia matched his playoff high with six walks and Derek Jeter struck out with two runners on for the final out in the Yankees' 5-4 loss to the Detroit Tigers on Monday night that put New York in a 2-1 hole in the best-of-five AL division series.

"I put us in a bad spot," Sabathia said somberly. "The next time I get the ball, I'll try to go out and try to help us win."

That might not be until next year.

The AL East champions are counting on a shaky A.J. Burnett in Game 4 at Comerica Park on Tuesday night. Burnett, who was 11-11 with a 5.15 ERA in the regular season, was pushed into a postseason start only because Sabathia's outing in Game 1 was suspended because of rain.

"I feel good about what A.J. is going to do for us," manager Joe Girardi said.

Sabathia was given an early 2-0 lead but fell short in the matchup of aces, Part 2.

New York scored two runs in the first against Justin Verlander before the MVP candidate shut out the potent lineup over the next five innings with 100 mph fastballs and knee-buckling breaking pitches.

"Verlander was a handful," Alex Rodriguez said. "He's always a handful."

The Yankees mounted a rally for the second straight game against closer Jose Valverde in the ninth and fell short. On Sunday, Robinson Cano grounded out with runners on first and second to seal the setback.

This time Jeter struck out with two on, and the captain walked away from home plate shaking his head.

"I feel good about Jeter whenever he's up there in those situations because he's been there so many times," Girardi said.

The five-time World Series champion, who became the first Yankees player to reach 3,000 hits in July, has made a career out of coming through in the clutch, but he couldn't deliver in his latest opportunity.

"If I didn't swing at it, it would've been a strike anyway," Jeter said.

A banged-up Rodriguez, meanwhile, and many of his teammates were no match for Verlander during much of the game.

A-Rod had an RBI groundout out to give the Yankees a 2-0 lead in the first, but finished 0 for 2 with two walks and fell to 0 for 10 in the series. The three-time MVP, nagged by knee and thumb injuries, barely hit better than .200 during the final three months of the regular season.

"My confidence is always there," Rodriguez insisted. "I'm ready to go."

Girardi has said he's not looking to change his lineup, so it seems unlikely he would do what his predecessor, Joe Torre, did against Detroit in Game 4 of the 2006 ALDS when Torre dropped the slumping star to eighth in the order.

Rodriguez was given the green light to swing on a 3-0 pitch from Verlander in the eighth and weakly hit a foul into the seats behind him. A-Rod then swung and missed on the next pitch and fouled off a pitch that whizzed by at 101 mph before wisely taking a high-and-inside pitch to draw a walk.

Mark Teixeira also has struggled. He was 0 for 4 on Monday and is 1 for 11 in the series.

Free passes were what doomed Sabathia.

The big lefty didn't take the loss ? Rafael Soriano did after giving up a tiebreaking homer to Delmon Young in the seventh ? but the $161 million ace struggled to get the ball over the plate.

He lasted just 5 1-3 innings and issued six walks ? one intentional ? while allowing seven hits and four runs. He had three strikeouts and threw one wild pitch, with many more that were in the dirt or way off target.

"I actually thought he made a lot of good pitches tonight and I thought the zone was a small zone," Girardi said. "No disrespect to anyone, but that's what I thought."

Sabathia, though, refused to make excuses about the way plate umpire Gerry Davis called the game.

"I've never been one to look at who's calling balls and strikes," Sabathia said. "It's up to me to get guys out."

The last time Sabathia, who can opt out of his contract after this season, was that wild in the playoffs was Oct. 4, 2007, when he was pitching for the Cleveland Indians against the Yankees.

Sabathia's control was so out of whack that he even struggled to connect with catcher Russell Martin on one of his intentional-walk tosses.

"I just couldn't make pitches when I needed to," he said.

The Yankees were planning on their ace pitching Game 1 and Game 4, if necessary, but rain suspended his first start after 1? innings.

Plan B puts Burnett on the mound and no one rooting for New York is excited about that.

Burnett signed a five-year, $82.5 million contract during the Yankees' blockbuster offseason in which they spent $423.5 million two years ago to add him, Sabathia and Teixeira.

The right-hander hasn't lived up to his end of the bargain, but he has a chance to provide an instant dividend if he can help the Yankees avoid getting eliminated in the Motor City.

"I'm not going to go out and try to prove anything," Burnett said. "I'm going to go out and try to win a ballgame."

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2011-10-04-BBA-ALDS-Yankees/id-78d8abbf95fa40c9b72e98cdcb10777e

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Making Magnificent Journey with Israel Tours | Travel and Leisure

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