The most perilous legal pick?

posted at 5:25 pm on March 30, 2009 by Ed Morrissey

Could an appointment by Barack Obama to a State Department legal post do more damage than an appointment to the judiciary?  Meghan Clyne at the New York Post makes that argument in a report on Professor Harold Koh, the dean of Yale Law School, whom Obama nominated to be the legal adviser to Hillary Clinton.  As such, his opinions on treaties and international law could have profound impact on law enforcement and court decisions in the US:

JUDGES should interpret the Constitution according to other nations’ legal “norms.” Sharia law could apply to disputes in US courts. The United States constitutes an “axis of disobedience” along with North Korea and Saddam-era Iraq.

Those are the views of the man on track to become one of the US government’s top lawyers: Harold Koh.

President Obama has nominated Koh — until last week the dean of Yale Law School — to be the State Department’s legal adviser. In that job, Koh would forge a wide range of international agreements on issues from trade to arms control, and help represent our country in such places as the United Nations and the International Court of Justice.

It’s a job where you want a strong defender of America’s sovereignty. But that’s not Koh. He’s a fan of “transnational legal process,” arguing that the distinctions between US and international law should vanish.

Clyne makes a hard sell on Koh. especially on the issue of shari’a law.  In her weakest argument, she relies on a second-hand report of Koh’s remarks about shari’a and its potential application in the US.  She does quote Koh’s spokesperson as essentially saying that the context of the remark may have been quite different than Clyne’s representation of it:

A New York lawyer, Steven Stein, says that, in addressing the Yale Club of Greenwich in 2007, Koh claimed that “in an appropriate case, he didn’t see any reason why sharia law would not be applied to govern a case in the United States.”

A spokeswoman for Koh said she couldn’t confirm the incident, responding: “I had heard that some guy . . . had asked a question about sharia law, and that Dean Koh had said something about that while there are obvious differences among the many different legal systems, they also share some common legal concepts.”

I think we have to score that one a miss for Clyne, at least until she comes up with a better reference to the actual remarks.  On other grounds, though, Clyne makes a better case.  One might not be surprised to find out that Obama would nominate someone in this position who declared Bush’s invasion of Iraq a violation of international law, but you might be surprised to hear which Bush Koh so criticized.  In fact, it was the first President Bush, and Koh blasted Operation Desert Storm, even though Bush got the assent of the United Nations Security Council for the action.  Apparently Koh was more concerned with American violations of international law than Saddam Hussein invading and occupying Kuwait.

I’d call that pretty radical.  Koh opposed a war that even Barack Obama supported, or at least suggested he would have supported in 1991 had he been in office due to the level of international accord on it.  The AUMF passed in a Democratic Congress, by a thin margin in the Senate (52-47) but by almost 70 votes in the House (250-183).

Clyne has it right when she warns that Koh will be a harbinger of the kind of judges Obama will appoint — perhaps including Koh himself.  A self-professed fan of Roe, Koh praised Blackmun’s actions in the case, saying that he’d rather rule wrong on the law and have people provide rationalizations later, as long as he got the policy correct.  The only trouble is that the Supreme Court isn’t a policy-making entity, and neither are the federal courts in our constitutional republic.  The legislature makes the laws in conjunction with the executive, which enforces them.  The courts rule on evidence and constitutionality, and not on the wisdom of policy — or at least they shouldn’t, as they have no accountability for their policy input.

If Koh gets confirmed in this position, Clyne argues that his next stop will be the Supreme Court.  I suspect that even a supine GOP won’t roll over for Koh, not with the bill of particulars she presents in this column.  If this is what Obama thinks is moderate, we’re in for a long four years, and a generation of damage in the courts.

Update: Ed Whelan had an interesting profile of Koh’s transnationalism last September, when he Hoped to Change voters’ minds before it was too late.


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ICC here we come….

sven10077 on March 30, 2009 at 5:27 PM

You’re surprised?

lorien1973 on March 30, 2009 at 5:27 PM

The adults are in charge now.

Del Dolemonte on March 30, 2009 at 5:28 PM

I wonder if the Republicans in the Senate have the cajones to go nuclear on judges. Democrats pretty much stopped judicial nominations for the last two years. Republicans need to stop it completely for the next 4.

MarkTheGreat on March 30, 2009 at 5:29 PM

Screw the “we won’t hire lobbyist” rule and change it to “we will not hire graduates\deans from ivy league colleges” rule.

WashJeff on March 30, 2009 at 5:30 PM

This is an issue worth the gamble. If Obama gets his way with these judgeships, the country is shot. It won’t matter if the Republicans get COngress and the Presidency back, the judges will make both branches irrelevant as they grab for themselves the right to set policy.

MarkTheGreat on March 30, 2009 at 5:31 PM

Sovereignty is soooooooooo overrated.

Dr.Cwac.Cwac on March 30, 2009 at 5:31 PM

I wonder if the Republicans in the Senate have the cajones to go nuclear on judges.

MarkTheGreat on March 30, 2009 at 5:29 PM

Specter, Collins, & Snowe. Enough said.

WashJeff on March 30, 2009 at 5:31 PM

JUDGES should interpret the Constitution according to other nations’ legal “norms.” Sharia law could apply to disputes in US courts. The United States constitutes an “axis of disobedience” along with North Korea and Saddam-era Iraq.

At this point, I’m reminded of a quote from Daffy Duck:

“Shoot ‘im! Shoot ‘im NOW!”

MBuck on March 30, 2009 at 5:31 PM

So I am guessing under this TOOL our troops will be susceptible to prosecution by other countries.

MDWNJ on March 30, 2009 at 5:31 PM

I suspect that even a supine GOP won’t roll over for Koh, not with the bill of particulars she presents in this column.

-
Yeah… I have loads of faith in them to hold the line. /sarc
-

RalphyBoy on March 30, 2009 at 5:33 PM

RalphyBoy on March 30, 2009 at 5:33 PM

You and me, both.

lorien1973 on March 30, 2009 at 5:36 PM

When I would talk to people before the election, I tried to warn them that judicial appointments was the biggest issue in the campaign, one that hardly anyone paid attention to.

And now those chickens are coming home to roost.

irishspy on March 30, 2009 at 5:36 PM

The guy in the picture looks plastered.

MB4 on March 30, 2009 at 5:36 PM

This isn’t happening. This isn’t happening. This…

Maquis on March 30, 2009 at 5:37 PM

For a perhaps better-sourced take on Koh’s transnationalism, see Ed Whelan of NR’s Bench Memos:

here

Or John Fonte:

here

notropis on March 30, 2009 at 5:37 PM

On top of seizing General now Government Motors, the Maoist, Hussein al-Chicago and his Merry Marxists is rapidly working to dig this country into the grave. Won’t be long until the the ‘Former’ United States of America will be a forgotten memory whispered in the dark of the night as former citizens huddle around their candles in their shantys during the cold of winter.

Hope and Change? My left foot. Get rid of this rank amateur and full fledged Anti-American Marxist before he kills this country!

SeniorD on March 30, 2009 at 5:38 PM

Koh praised Blackmun’s actions in the case, saying that he’d rather rule wrong on the law and have people provide rationalizations later, as long as he got the policy correct.

That is the definition of someone who believes not in a constitution, not in a nation of laws rather than men, but in fascism.

MB4 on March 30, 2009 at 5:39 PM

Thank you very much for this post Ed. This guy is all in for the New World Order.

Little by little you conservatives will have to admit that we are headed towards a global economic dictatorship. I’m not mocking you guys because in the end we will have to band arms and fight off the NWO and I wish we were already allied. But you all haven’t realized yet where the true threat lies, Obama is just an agent of the globalist agenda. The people behind him are a truly evil horde of elitist who seek to regulate economies and therefore lives. We cannot allow ourselves to be their economic slaves.

That means we have to pull away from the Federal Reserve. It is a must.

True_King on March 30, 2009 at 5:41 PM

I was driving all this afternoon so I listen to Glenn Beck on the radio today for the first time and he was ripping this clown and Obama for appoiting this guy. Screw this tratior I hope he is taken out before he can have any real power.

lavell12 on March 30, 2009 at 5:41 PM

Barack Obama is a fascist. No getting around it anymore.

MB4 on March 30, 2009 at 5:42 PM

notropis on March 30, 2009 at 5:37 PM

Thank you.

The U. S. Constitution defines treason:

Article III, Section 3 – Treason

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

I have one question: Are we there yet?

INC on March 30, 2009 at 5:42 PM

Screw this tratior I hope he is taken out before he can have any real power.

lavell12 on March 30, 2009 at 5:41 PM

Secret Service investigation in 5, 4, 3…

Maquis on March 30, 2009 at 5:43 PM

How do we get rid of him? He is killing the country. Even our Liberal friends are starting to notice. This is down right frightening.

BetseyRoss on March 30, 2009 at 5:43 PM

One law for all… Or all bets are off…

Kuffar on March 30, 2009 at 5:44 PM

That God we got Roberts and Alito.

Mr. Joe on March 30, 2009 at 5:45 PM

Koh praised Blackmun’s actions in the case, saying that he’d rather rule wrong on the law and have people provide rationalizations later, as long as he got the policy correct.

This is where the ego of your average liberal becomes so very dangerous.

This one person, all by himself, in contravention of the president who is elected by all of the people. In contravention of 535 members of the house and senate, sets himself up as the sole judge of what the right policy is. And declares that he has a righ, even an obligation, to force the rest of the country to abide by his view of what the correct policy is.

MarkTheGreat on March 30, 2009 at 5:46 PM

Even Allah is likely thanking God on that.

Mr. Joe on March 30, 2009 at 5:46 PM

When I would talk to people before the election, I tried to warn them that judicial appointments was the biggest issue in the campaign, one that hardly anyone paid attention to.

And now those chickens are coming home to roost.

irishspy on March 30, 2009 at 5:36 PM

Same here-I kept telling any Republican I could find that even if they though McCain was a flamin’ jackass, they should hold their noses and vote for him anyway, just for the Judges. Most of them stayed home to “teach the Party a lesson”. Now they are all kicking themselves.

Remember that silly lawsuit by Valerie Plame against the evil Bush Administration that was thrown out of court by a 3-Judge panel? The vote was 2-1. The votes for throwing out the case came from Judges appointed by Ronnie Reagan and Pappy Bush. The dissenting vote came from a Clinton judge.

Elections have consequences.

Del Dolemonte on March 30, 2009 at 5:48 PM

The Shari’a charge is misleading because clearly what Koh means by transnational law or standards – even if he doesn’t admit it – are those norms posited by leftist European elites.

It’s not the views of Europeans or that of world opinion (however we can measure that). It’s his fellow leftists that use the law to circumvent the democratic process.

SteveMG on March 30, 2009 at 5:48 PM

ok, where do we get the judges to interpret this law? and where do we get the lawyers to advocate it? will the states have to get sha’ira (sp) judges too?

you know, bambi must say every morning when he wakes up “f**k the Constitution”

kelley in virginia on March 30, 2009 at 5:50 PM

They’ve been floating trial balloons on this crap for a while. For example:

Cultural differences: New defense tactic?

By Diane Curtis
Staff Writer

A Mexican-American man is convicted of second-degree murder for shooting a poker companion who used an offensive slur about the defendant’s mother. A Muslim Albanian man in Texas loses his parental rights for touching his daughter’s genitals. A Thai man who shows no remorse or other emotion for his part in a Garden Grove robbery in which two people were killed receives the death penalty.

A judge in fact did consider the Albanian man’s culture in which touching a child has no sexual meaning and is an accepted form of affection and comfort… [Anybody ask the little girl about how she feels having daddy play with her? Yech!]

The Mexican-American man shot his poker companion after the card player used an expression considered the worst possible insult to someone’s mother in Mexico. The defendant’s lawyer did try to introduce evidence to show provocation — that the average Mexican would have been provoked by the phrase, much as a jealous husband can use a provocation defense if he attacks or kills his wife and/or her lover. The court decided the context of the defendant’s response was irrelevant. “By excluding the cultural evidence, the court effectively made it impossible for him to raise the provocation defense,” …

The Thai man who was sentenced to death was holding to Thai tradition about enlarging “the circle of shame” when he refused to name the murderer. And in showing no emotion, he was adhering to a culture in which revealing no feelings, even under extreme stress, is valued. “His stoic demeanor did not mean he lacked remorse, something which U.S. juries often require if they are to spare a defendant’s life,”…

Blake on March 30, 2009 at 5:50 PM

The guy in the picture looks plastered.

MB4 on March 30, 2009 at 5:36 PM

Looks like the character Toshiro Taskashi in “Revenge of the Nerds”!!

Dire Straits on March 30, 2009 at 5:50 PM

Every now and then I still someone say that they do not belive there is a difference between Obama and McCain. Well this guy is proof there really is a difference, a big difference.

Terrye on March 30, 2009 at 5:51 PM

Screw this tratior I hope he is taken out before he can have any real power.

lavell12 on March 30, 2009 at 5:41 PM

Secret Service investigation in 5, 4, 3…

Maquis on March 30, 2009 at 5:43 PM

This is our department, not the not so secret service’s. Lave will be interned in one of our many and ever expanding secret reeducation camps and we will spare the taxpayers the cost of any bothersome and annoying trial.

DasObamaReich on March 30, 2009 at 5:52 PM

A self-professed fan of Roe, Koh praised Blackmun’s actions in the case, saying that he’d rather rule wrong on the law and have people provide rationalizations later, as long as he got the policy correct.

That statement alone should automatically disqualify him from holding any federal judgeship.

AZCoyote on March 30, 2009 at 5:52 PM

If anyone tries to go ICC, I go riot in the streets!

Blake on March 30, 2009 at 5:53 PM

my mom who is or was a die hard Obama supporter is starting to turn on him and see the truth. I think once everyone who isn’t a complete anti-American sees what is happening Obama will be out on his arse. Hopefully America can’t be destroyed in only 4 years time.

lavell12 on March 30, 2009 at 5:53 PM

Do all citizens have the right to interpret the law as we see it? You know, like the tax code…?

d1carter on March 30, 2009 at 5:55 PM

Transnationalism goes well with a new reserve currency. That and a fruity pinot noir start slowly but have a wonderfully bold aftertaste.

moxie_neanderthal on March 30, 2009 at 5:55 PM

I’ve said it before, and I’ll say it again. For the next country, it is vital that there be a provision in the constitution that declares, unequivocably, that those who pay no taxes, those who’s income is derived from govt services, DO NOT VOTE.

This country is lost. Let’s pray that we can do better next time.

MarkTheGreat on March 30, 2009 at 5:56 PM

Blake on March 30, 2009 at 5:50 PM

Thanks for the link. What a mad mad world.

Disturb the Universe on March 30, 2009 at 5:57 PM

Every now and then I still someone say that they do not belive there is a difference between Obama and McCain. Well this guy is proof there really is a difference, a big difference.

Terrye on March 30, 2009 at 5:51 PM

Well maybe Juan McCoot should not have proclaimed that we had nothing to fear from Obama.

MB4 on March 30, 2009 at 5:58 PM

Hey ladies, I’ll bet you are REALLY looking forward to sharia law becoming acceptable here.

Bishop on March 30, 2009 at 5:58 PM

o/t: glenn beck ripped AG blumenthal a new one re: his posturing on the AIG bonus issue. beck asked for the specific law that the bonus recipients broke. blumenthal said it was “public policy”. beck called bullcrap.

kelley in virginia on March 30, 2009 at 5:59 PM

Hopefully America can’t be destroyed in only 4 years time.

lavell12 on March 30, 2009 at 5:53 PM

A lot depends on how many judges he gets to appoint. And not just the SC.

MarkTheGreat on March 30, 2009 at 5:59 PM

markthegreat: keep the faith. burn up those lines to our (mostly) worthless congressmen. protest.

kelley in virginia on March 30, 2009 at 6:00 PM

Do all citizens have the right to interpret the law as we see it? You know, like the tax code…?
d1carter on March 30, 2009 at 5:55 PM

Wait until Ogabe decides that China has some handy laws to emulate, such as restricting free speech. Or North Korea, where mentioning Dear Leader in the negative will get you tossed in a gulag. Or Venezuela, where Chavez can literally take-over a private sector industry with a wave of his hand.

These fuds really do want a revolution, and they might just get it.

Bishop on March 30, 2009 at 6:02 PM

Every now and then I still someone say that they do not belive there is a difference between Obama and McCain. Well this guy is proof there really is a difference, a big difference.

Terrye on March 30, 2009 at 5:51 PM

Exactly, nobody could ever question McCain’s love for America and his pride in our system. Whether I agree with him or not is another thing. McCain who I wasn’t wild about, would never have appointed a nut like this.

lavell12 on March 30, 2009 at 6:03 PM

So I am guessing under this TOOL our troops will be susceptible to prosecution by other countries.

MDWNJ on March 30, 2009 at 5:31 PM

Ding, ding, ding, ding! If you McCain haters didn’t like Haditha I, just wait until Obama’s administration gets a crack at our troops.

http://84rules.wordpress.com/2008/02/20/mccains-promise-on-judges-and-the-dems-make-us-much-less-safe/?referer=sphere_related_content/

funky chicken on March 30, 2009 at 6:04 PM

If you think Obama is wrecking the economy with fascist domestic policies, wait ’till you see what he does with treaties to our sovereignty. ICC is the least of our worries, as Obama will use treaties to cede sovereignty in big chunks to UN and subsidiaries. And those treaties will be the law of the land, without the courts lifting a finger to get it done. We’ll be riding mass transit, moving into smaller homes, indoctrinating our children with multiculturalism and diversity training, and paying out the butt for windmill electricity, because the effect of a treaty is to make it happen.

petefrt on March 30, 2009 at 6:05 PM

If there is Sharia law in the US it will be time to get our guns and head to DC.

lavell12 on March 30, 2009 at 6:06 PM

What happened to Prof Bainbridge’s old site and archived content? All links go to “page not found” or to a PJ Media Glenn and Helen show interview with Fred Thompson?

funky chicken on March 30, 2009 at 6:11 PM

A self-professed fan of Roe, Koh praised Blackmun’s actions in the case, saying that he’d rather rule wrong on the law and have people provide rationalizations later, as long as he got the policy correct

There we go: throw out the Constitution, get Sharia law, see what other nations do, and pass illegal law if it agrees with our socialist policies. Good man for the job! /sarc

Christian Conservative on March 30, 2009 at 6:16 PM

Let me see. In Iran they publicly hang homosexuals. In Taiwan, they cane those who commit vandalism. In Saudi Arabia, they stone to death any woman who is walking or talking to a man other than her husband, or who is raped. In Afghanistan, Opium trafficking is widely accepted if not encouraged…

What could go wrong.

PappaMac on March 30, 2009 at 6:19 PM

Hey ladies, I’ll bet you are REALLY looking forward to sharia law becoming acceptable here.

Bishop on March 30, 2009 at 5:58 PM

Well, as is frequently said, it beats me why Hillary and her feminist cohorts aren’t leading the charge against this kind of guy. I mean I seriously doubt they’d be allowed to continue the abortions which they hold so dear. Feminists are Leftists to the core, even when that takes them where they really wouldn’t want to go.

It’s left to us conservative Christian moms to be the ones to object to being treated like chattel.

And they never notice the irony.

INC on March 30, 2009 at 6:21 PM

Bishop on March 30, 2009 at 5:58 PM

No we arent. What the hell are they thinking? Sharia law has no business being here. I think we need to get rid of theose terrorist camps too.

Surly, the women’s libbers would raise hell over this.

No burka for me!!

becki51758 on March 30, 2009 at 6:21 PM

Screw the State Dept. position.
How does someone who thinks Sharia law should take precedence over the Constitution get to be the dean of Yale Law School?

AZ_Mike on March 30, 2009 at 6:29 PM

How does someone who thinks Sharia law should take precedence over the Constitution get to be the dean of Yale Law School?

AZ_Mike on March 30, 2009 at 6:29 PM

You answered your own question.

And what a fat-faced puke this guy is. No wonder Obama likes him so much.

Grayson on March 30, 2009 at 6:35 PM

protest on 4/15. keep burning up those lines to congressmen. keep up the pressure. some of them will get squishy, especially since obambi is helping us on a daily basis.

kelley in virginia on March 30, 2009 at 6:38 PM

Koh praised Blackmun’s actions in the case, saying that he’d rather rule wrong on the law and have people provide rationalizations later, as long as he got the policy correct.

That is the definition of someone who believes not in a constitution, not in a nation of laws rather than men, but in fascism.
****************
Right on! Perfect analysis. Who cares what the law says if you get the trains running on time.

GunRunner on March 30, 2009 at 6:52 PM

No matter how many times I read that headline it always comes out:

The most perilous legal prick?

BobH on March 30, 2009 at 7:21 PM

I am not sure that Obama realizes just how perilous this type of appointment. Many of the people who are braced for “civil unrest” are big time hoping that some of this horror will be rejected by the court system. You are just not going to get Americans tolerating “blue helmets” or sharia law. The hope is that the Courts will rule most of this stuff Unconstitutional. If the Court won’t back us up, we are on our own.

GunRunner on March 30, 2009 at 7:22 PM

When I would talk to people before the election, I tried to warn them that judicial appointments was the biggest issue in the campaign, one that hardly anyone paid attention to.

And now those chickens are coming home to roost.

irishspy on March 30, 2009 at 5:36 PM

Irishspy – do you really think that the Obama voter cared about anything let alone judicial appointments? Many of the voters (who are intelligent) were voting against Bush (the war in particular), many of the voters were voting party line, many were taken with the charm and talk, and many were voting hope and change.

Ask a high school teenager any politically connected question and you will get a ‘duh’ like answer. The school systems are bankrupting the education and robbing our children of their future when they can not be prepared to see right from wrong, understand political systems (and their good and bad), engage in a civil debate (I am not sure if there is any high school in US that has a debate club anymore), etc.

America has reached a point where I am really (REALLY) wishing for HOPE and CHANGE.

My HOPE is that the youth of today awakens and takes the leadership role to take charge of America’s and their own future (example – no more social security for their generations but create their own nest egg). My wish for a CHANGE is that America once again becomes ONE nation, speaking ONE language and ONE education system, with opportunities to make life better (as we have seen) for ONE and ALL.

OneConservative on March 30, 2009 at 8:00 PM

This only proves the melting pot that was the US of A has now finally melted, turning into the blue ooze leaking from the porta potty that was left behind because there wasn’t any room on the truck.
This guy is the Dean at Yale Law? sickening…

jerrytbg on March 30, 2009 at 8:17 PM

I think we’d all like to know what the similarities between the US legal system and shari’a law are? Perhaps its the allowance of four wives? Perhaps Madison and Mohammad both begin with the letter “M”? Perhaps its the Constitution’s outlawing of cruel and unusual punishment and shari’a law declaring such punishment God deserved and instituted? Perhaps its the treatment of women as second class citizens in both jurisprudential models? Perhaps its the declaration that infidels and People of the Book are not entitled to rights under shari’a law and must be converted, killed, or forced to pay taxes to their muslim overlords, that sends a tingle up his leg? Perhaps its shari’a law’s requiring four witnesses to convict a man of rape, that fits in so well with our protection of the innocent (or not so innocent male)or if the woman fails to produce those witnesses, the allowance of the woman’s voluntary admission of sexual intercourse with a man not her husband, that justly visits upon her the constitutional punishment of a 100 lashes, no matter her age. Perhaps its that eye for an eye tooth for a tooth, excisings of tongues, beheadings and amputations, that put shari’a law in the same league with our ‘living’ Constitution? Perhaps its shari’a laws ‘model’ divorce laws and child custody laws and alimony provisions which should be applied with approval in the USA? Or perhaps its the blasphemy provisions and ban on representational art in shari’a law, that fits in so well with our First Amendment values? Perhaps its the kosher laws of shari’a law and the banning of pork and alcohol, that is acceptable to this nominee? Perhaps its cliteridectomies and sewing up little girls’ genitals under shari’a law, that the nominee finds consistent with federal and state law? Or perhaps it is islam’s fundamental attack on American values, that causes this nominee’s blind eye to the evil inherent in application of shari’a laws anywhere in the USA?

eaglewingz08 on March 30, 2009 at 8:25 PM

I have given up all hope that this 4 years will end without bloodshed. We have had this fraud in office for less than 4 months and look at the damage. He can destroy this Country in a short period of time and I have no faith in the American people to deliver a large enough statement to the Dear Leader in 2010. There is a reason why sporting goods stores are sold out of guns and ammo. People know a storm is building and they are getting prepared. God please help us!

TNHunter on March 30, 2009 at 8:31 PM

How do we get rid of him? He is killing the country. Even our Liberal friends are starting to notice. This is down right frightening.

BetseyRoss on March 30, 2009 at 5:43 PM

How on earth can anybody be surprised?

neuquenguy on March 30, 2009 at 8:54 PM

This says all anyone needs to know about Yale Law.

This guy is dangerously stupid. And I mean that literally.

progressoverpeace on March 30, 2009 at 9:49 PM

Obama is going for a Guiness World Record – causing a nightmare every day for 100 consecutive days.

Daggett on March 30, 2009 at 9:56 PM

Well if we’re going to ‘go the way of other governments’, there goes the 2nd and 4th Amendments. If other nations don’t have them, then we obviously don’t. If Obama is dumb enough to push a crap-head like this, he’ll have one big fight on his hands.

GarandFan on March 30, 2009 at 10:26 PM

Well if we’re going to ‘go the way of other governments’, there goes the 2nd and 4th Amendments. If other nations don’t have them, then we obviously don’t.

GarandFan on March 30, 2009 at 10:26 PM

It’s even worse than that. We are the only country that has a permanent government based on individuals (the rest of the world takes the party as the fundamental political element). The most basic structure of our government, the great bulk of the Constitution, has always stood alone in the world, to this very day. But it’s never been a secret that The Precedent doesn’t like our Constitution, at all.

I pray every night that the SCOTUS will get some b@lls and do the right thing by declaring that dual citizenship, at any time, invalidates ‘natural-born’ status, as the Founders had clearly intended.

progressoverpeace on March 30, 2009 at 10:39 PM

BIDEN NOW! BIDEN NOW! BIDEN NOW! BIDEN NOW! BIDEN NOW! BIDEN NOW! BIDEN NOW! BIDEN NOW! BIDEN NOW! BIDEN NOW! BIDEN NOW!

darktood on March 30, 2009 at 11:01 PM

Can this get any worse?

sheesh on March 30, 2009 at 11:08 PM

I’m not too worried about the Supreme Court.

It seems like all the hard core Lefties are the next ones in line to die off first.. so they’ll just be maintaining the status quo.

Hopefully

VinceP1974 on March 31, 2009 at 12:34 AM

I used to make fun of people like Susan Sarandon by saying, “Measure yourself for the burka you’ll be wearing.” But in reality I wouldn’t wish this on anybody, not even filth like her.

I also went back and forth on whether we could possibly have another civil war. It no longer sounds like conspiracy freakiness.

*My God, maybe I am actually having a nightmare.*

fireweednectar on March 31, 2009 at 1:23 AM

Harold Koh is so far left he makes Karl Marx seem like Rambo. Among other things this nut believes that international law is superior to US law. Translation: When some terrorists (excuse me ‘international contingency operators’) try to bomb the Empire State Building and are gunned down for their efforts, the offending policemen (or soldiers) should be hauled off and tried by Sharia Law.

We would be safer putting North Korea’s Li’l Kim in charge of the U.S. nuclear arsenal than to have this left wing loon interpreting State Department law. How do you translate ‘surrender’ in 147 languages?

MaiDee on March 31, 2009 at 2:20 AM

Koh will fit right in.

State is pretty far down the path of internationalism already.

Remember, State helped ensure Sharia was the predominant law in both Afghanistan and Iraq.

State is pushing for ratification of the Law of The Sea treaty.

davod on March 31, 2009 at 12:55 PM

Take a good look at the picture. Is that one of the “cool, hip, smart, sexy” liberals we keep hearing about?

el gordo on March 31, 2009 at 4:06 PM

Bishop on March 30, 2009 at 5:58 PM

No, I’ll just ethnically, racially, and religiously profile anyone who wants to be involved with me and my family. Anyone holding a belief in the aforementioned topic will be Persona non-Grata in my inner-circle. I still get to associate with whom I so choose outside of the public sector and within the public sector I don’t have to do more than the littlest respectful social interaction. Yes and No answers is about the extent of that. They won’t be able to apply those laws to me without a personal connection. So effectively, they generate a sort of natural divide and will isolate believers in Islam because it’s not illegal for me to profile in my personal life.

If they attempted to make these types of laws part of the public domain, all I’ll say is Good Luck. Americans may be a lot of things, but giving up THAT much freedom is not possible. Not when you have kids enjoying wearing shirts that say Bong Hits For Jesus.

Sultry Beauty on March 31, 2009 at 4:08 PM