Just for the moment, I'll note that The New York Times' Charlie Savage, two weeks ago, wrote about the possibility that Obama might raise this argument, and quoted the far-right, Bush-supporting, executive-power-revering lawyer David Rivkin as follows:
The government's increasing use of the state secrets doctrine to shield its actions from judicial review has been contentious. Some officials have argued that invoking it in the Awlaki matter, about which so much is already public, would risk a backlash. David Rivkin, a lawyer in the White House of President George H. W. Bush, echoed that concern.
"I'm a huge fan of executive power, but if someone came up to you and said the government wants to target you and you can't even talk about it in court to try to stop it, that’s too harsh even for me," he said.
Back when everyone naively thought that electing a Democrat would end these obscene royalist decrees, it was argued by a few of us that once given, these powers are rarely given back. But I don't think anyone expected the Democratic constitutional scholar would actually double down on the dictatorial powers. I confess, I'm fairly gobsmacked.
F.B.I. agents executed search warrants Friday in Minneapolis and Chicago in connection to an investigation of support of terror organizations.
The searches in Minneapolis took place early in the morning at the homes of people who have helped organize demonstrations against the war in Iraq and protests held two years ago during the Republican National Convention in St. Paul.
“It is rather patently political,” said Ted Dooley, a lawyer who represents Mick Kelly, a food service worker at the University of Minnesota and one of those whose homes was searched. “My client denies any wrongdoing.”
Steve Warfield, a spokesman for the Federal Bureau of Investigation in Minneapolis, said the agents executed six warrants in Minneapolis and two in Chicago.
“They were seeking evidence related to an ongoing Joint Terrorism Task Force investigation,” Mr. Warfield said. “They are looking at activities connected to the material support of terrorism.”
He said no one in Minneapolis had been arrested while the warrants were executed. He added that agents in Michigan and North Carolina had also questioned people in connection with the investigation.
Mr. Dooley said the F.B.I. broke down Mr. Kelly’s door around 7 a.m. and gave a search warrant to his companion. The warrant said agents were gathering evidence related to people “providing, attempting and conspiring to provide material support” to terrorist organizations, and listed Hezbollah, the Popular Front for Liberation of Palestine and the Revolutionary Armed Forces of Colombia.
The warrant also authorized the agents to look for information connected to the Freedom Road Socialist Organization and to unnamed “co-conspirators” and allowed them to seize items including electronics, photographs, address books and letters.