The Legal Mainstream

THE LEGAL MAINSTREAM….Yesterday’s cover story in Newsweek described how Jack Goldsmith, after he was appointed head of the Justice Department’s Office of Legal Counsel in 2003, stood up to hardliners in the Bush administration and insisted that the president was not above the law. Dan Drezner says he has nothing to add to the Newsweek story and then immediately adds this:

I’ve known Jack Goldsmith for many years from his time at the University of Chicago. If you think that Goldsmith is either a RINO or a squishy “must kowtow to all forms of international law” kind of guy, well, then you don’t know Jack.

The fact that Addington, Cheney, and by extension Bush managed to force out people like Goldsmith and Comey means that the legal consensus within the administration is way, way outside the legal mainstream.

Yep. And what does that say about Samuel Alito, who apparently thinks that the Addington/Cheney/Bush president-as-king theory of wartime governance is just peachy? Outside the legal mainstream, no?