Padilla & Lebron v. Yoo

In a very short item, Glenn Greenwald notes that John Yoo (he of the infamous torture memos) lost in district court a ruling on a motion to dismiss the case filed against him by Jose Padilla and Estela Lebron. Greenwald seemed particularly amused that Judge White (a Bush the Younger appointee) quoted the Federalist No. 8 (as penned by Alexander Hamilton) thusly:"[War] will compel nations the most attached to liberty to resort for repose and

security to institutions which have a tendency to destroy their civil and political

rights. To be more safe, they at length become willing to run the risk of being

less free."

Now, I'm not completely sure, since I haven't memorized that one yet, but my experience with Hamilton's contributions is that Hamilton wanted a more powerful executive. (Goes and skims) It is ironic then that of the Federalist papers or other citations from the Founders, Judge White quoted Hamilton in denying this motion. Hamilton is about as sympathetic a voice for a strong central authority as it was possible to be in those times. Yet here he is, telling us that we may think it a good idea to sacrifice our freedom to ensure our safety, when faced with external threats. You can't be sure, because he doesn't say, if he thinks this is a good thing, a bad thing, or simply an inevitable thing. But I think most of us today realize what a Faustian bargain it is— doomed from the start.

It is unfortunate, then, that the authoritarians of today appear to take Hamilton's words as prescription rather than proscription. You'd think they'd grasp the difference.