text:
Back in June, I compared the content of Charlie Savage's account of the Awlaki drone memo with the content of the July 16, 2010 memo released that month. I noted that Savage reported the memo discussed whether killing Awlaki would violate the "ban" on assassinations in EO 12333, but the July memo did not. I suggested the earlier memo probably included that section.
Before Savage's report turns to the consideration of 18 USC 1119 — which is where the memo starts its analysis — it describes a section considering whether the "ban" (in an unenforceable Executive Order that gets changed from time to time without notice in the actual text) on assassinations would prohibit such a killing.
It then considered possible obstacles and rejected each in turn.
Among them was an executive order that bans assassinations. That order, the lawyers found, blocked unlawful killings of political leaders outside of war, but not the killing of a lawful target in an armed conflict.
No discussion of assassination appears in the memo (unless it appears in a classified section and is not noted by the court opinion, but that seems unlikely as there's no logical place for it). That said, the "ban" on assassinations did appear prominently in Harold Koh's justification for drones given in March 2010.
Fourth and finally, some have argued that our targeting practices violate domestic law, in particular, the long-standing domestic ban on assassinations. But under domestic law, the use of lawful weapons systems—consistent with the applicable laws of war—for precision targeting of specific high-level belligerent leaders when acting in self-defense or during an armed conflict is not unlawful, and hence does not constitute "assassination."
This leads me to suspect the structure of the first memo may parallel the structure of Koh's speech, with the assassination "ban" figuring prominently in that memo. That is, it seems likely Savage's sources, in conflating the two memos (if that's what they did), included that language because it appeared in the first memo.
Voila! The memo released Friday — dated February 19, 2010 — does indeed focus on the assassination "ban," though much of that discussion, like the entire memo, remains redacted.
[T]he use of lethal force against Aulaqi would not violate the assassination ban in Executive Order 12333.
And if you add the length of the February (7 pages) and July (41 pages) OLC memos and round up, you get the rough page length Savage's sources provided: 50 pages.
So it does seem that Savage's sources just synthesized the two memos as one.
That said, comparing Koh's March 2010 speech presumably incorporating OLC's assassination discussion with the (overly redacted) memo raises another question.
Several words in the title of the memo remain redacted.
I wonder — and this is a guess — whether the redacted words pertain to using drones to executive an American citizen?
I ask that because Koh's speech includes this paragraph about drones and other high tech weapons.
Second, some have challenged the very use of advanced weapons systems, such as unmanned aerial vehicles, for lethal operations. But the rules that govern targeting do not turn on the type of weapon system used, and there is no prohibition under the laws of war on the use of technologically advanced weapons systems in armed conflict– such as pilotless aircraft or so-called smart bombs– so long as they are employed in conformity with applicable laws of war. Indeed, using such advanced technologies can ensure both that the best intelligence is available for planning operations, and that civilian casualties are minimized in carrying out such operations.
That is, I wonder whether some significant part of the 7 pages David Barron originally dedicated to weighing Awlaki's due process free execution pertained to whether using drones to kill him changed the legal question?
Another possibility for the redacted phrase is a reference to Yemen, though the 2nd Circuit has already deemed that unclassified. Or, perhaps, this memo started the discussion of CIA's involvement in an execution, which would explain the focus on EO 12333, which governs their covert operations.
In any case, it does seem that the Administration self-justification evolved over the first half of 2010, and only later in the year did the Department of Justice consider whether there were laws that might prohibit CIA from executing a US citizen with no due process.
For years, defenders of the drone killing of Anwar al-Awlaki have always pointed to the second confession Umar Farouk Abdulmutallab made, implicating Awlaki in each and every part of his plot.
There were always problems with that. Several pieces of evidence indicate the drone attack on December 24, 2009 that missed Awalaki had specifically targeted him; at that point, the government did not consider Awlaki operational. Abdulmutallab made 3 confessions, and only the one made to the High Value Interrogation Group (HIG) after a month of isolation and in the context of a (I've heard second-hand, unbelievably generous) plea deal that was never finalized implicated Awlaki in planning his attack. Claims Awlaki helped Abdulmutallab make his martyrdom video don't explain why AQAP's best English language propagandist would make a video with a man schooled in English in Arabic. Subsequent evidence suggests actions attributed to Awlaki in that confession were probably taken by Fahd al-Quso and Nasir al-Wuhayshi.
In other words, there are a lot of holes in the confession always used to justify Awlaki's drone killing. Abdulmutallab's second confession should be treated the same as his first and third ones: a narrative crafted by someone who has a big incentive to shade the truth, and therefore of dubious reliability.
The release of yesterday's ridiculously cursory OLC memo authorizing the drone killing of Anwar al-Awlaki introduces one more reason to doubt the narrative that claims Abdulmutallab's second confession provided justification for Awlaki's killing.
The memo relies not on what FBI has told OLC. It relies on CIA's assessment that Awlaki is "a senior leader of al-Qa'ida in the Arabian Peninsula" based on "factual predicates as represented by the CIA and in the materials provided to use from the Intelligence Community."Abdulmutallab's second confession might be included in those materials provided from the IC. Even though the confession was obtained as part of a criminal investigation, the FBI is part of the IC, so broadly speaking that second confession would qualify, I guess.
But the assessment came not from FBI, which had the lead investigating the Undiebomb attack, but from the CIA. Which ought to give you pause, given that just months before this memo was written, the intelligence community's partners had convinced the US that they hadn't killed a Bedouin clan in the al-Majala strike. Indeed, the intelligence relating to Awlaki seemed to be consistently stinky until such time as the CIA set up its own drone base in Saudi Arabia in mid-2011.
Besides, what are we executing American citizens based on the CIA's assessment for anyway?
At least according to David Barron, the case against Awlaki came not from FBI, but from CIA. That doesn't mean CIA didn't have evidence supporting its claims (and remember, CIA has a role in HIG, as does JSOC). But it does suggest Abdulmutallab's second confession may not have the role the defenders of Awlaki's execution like to cling to.
That's all that current 1st Circuit Court Judge and then acting OLC head David Barron needed — in February 2010 — to dispense with niceties like the Constitution and Rule of Law before he okayed the drone killing of Anwar al-Awlaki.
Lucky for Barron — and President Obama — International Law scholar Kevin Jon Heller, never having seen that 7 page memo, raised some things Barron hadn't considered. Which led Barron to write a still totally laughable but nevertheless less ridiculous 41-page memo 5 months later, which Barron's friends insist is not-so-bad if you want to rationalize drone killing an American with no due process.
I wonder how they'll defend Barron's much more circumspect drone killing justification (especially since DOJ has redacted it beyond any legibility)?
I'll have more to say about this latter — I suspect that it shows that DOJ actually tried on 3 different theories for drone-killing Awlaki.
But for the moment, know that if you ever come before Judge Barron, he believes he legitimize drone killing you in 7 pages or less.
As I noted earlier, I'm doing a fairly detailed comparison of what parts of the white paper don't show up in the drone memo released Monday. But that's going to take a while.
Far easier is to compare what Charlie Savage's sources said the memo included but doesn't. I've noted before that they told him there was one memo when there were really two. Given these discrepancies, it's possible they merged the two memos in their descriptions:
Other than those details, Savage's story maps the actual memo very closely, down to the caveat that,
The memorandum, which was written more than a year before Mr. Awlaki was killed, does not independently analyze the quality of the evidence against him
Similar caveats appear repeatedly in the memo (most OLC memos start that way, and a redacted footnote in this apparently lays that out, but this one repeated it several times later in the analysis).
Savage's report of the content of the memo starts — as the memo itself does (though this is redacted; see page 41 for a description of what appears in the redacted sections) — with a description of the claims the Intelligence Community used to claim Awlaki qualified as a target under the AUMF. Significantly, this includes the claim that "a pattern of activities [] counterterrorism officials have said show[] that he had evolved from merely being a propagandist … to playing an operational role." Later the memo refers to Awlaki recruiting, which I suspect may be an artifact of the argument they made in February 2010, based on what Dennis Blair said publicly at the time. So I find this claim of a progression of particular interest (not least because it's another reason why this memo simply could not cover the attempt to kill Awlaki on December 24, 2009).
Before Savage's report turns to the consideration of 18 USC 1119 — which is where the memo starts its analysis — it describes a section considering whether the "ban" (in an unenforceable Executive Order that gets changed from time to time without notice in the actual text) on assassinations would prohibit such a killing.
It then considered possible obstacles and rejected each in turn.
Among them was an executive order that bans assassinations. That order, the lawyers found, blocked unlawful killings of political leaders outside of war, but not the killing of a lawful target in an armed conflict.
No discussion of assassination appears in the memo (unless it appears in a classified section and is not noted by the court opinion, but that seems unlikely as there's no logical place for it). That said, the "ban" on assassinations did appear prominently in Harold Koh's justification for drones given in March 2010.
Fourth and finally, some have argued that our targeting practices violate domestic law, in particular, the long-standing domestic ban on assassinations. But under domestic law, the use of lawful weapons systems—consistent with the applicable laws of war—for precision targeting of specific high-level belligerent leaders when acting in self-defense or during an armed conflict is not unlawful, and hence does not constitute "assassination."
This leads me to suspect the structure of the first memo may parallel the structure of Koh's speech, with the assassination "ban" figuring prominently in that memo. That is, it seems likely Savage's sources, in conflating the two memos (if that's what they did), included that language because it appeared in the first memo.
From that deviation, however, the report in Savage's story returns to its close match of the actual drone content, with one exception and one area where Savage's report probably reflects something redacted in our version of the memo.
The part that Savage includes but doesn't appear in the declassified memo is this bit:
But that raised another pressing question: would it comply with the laws of war if the drone operator who fired the missile was a Central Intelligence Agency official, who, unlike a soldier, wore no uniform? The memorandum concluded that such a case would not be a war crime, although the operator might be in theoretical jeopardy of being prosecuted in a Yemeni court for violating Yemen's domestic laws against murder, a highly unlikely possibility. [my emphasis]
That italicized bit doesn't appear in what we got Monday (though the acknowledgment that CIA officers would not have immunity in footnote 44 addresses precisely the same legal issue), but there is a redacted section on page 38 that may well acknowledge that point.
Finally, there's the one section of the memo that neither Savage's sources nor DOJ, in summarizing the memo in the white paper, included: section IV, which considers whether killing Awlaki would violate 18 USC 956(a)'s prohibition on conspiring within the US to carry out kidnapping or murder overseas. I find that curious and, because they appear to be suppressing it, worthy of more examination. Does the apparently consistent effort not to acknowledge that this might apply reflect some insecurity about the strength of this argument?
As a number of people have noted (Jen Daskal is one), the OLC memo released yesterday doesn't describe what the government considers an imminent threat.
Meanwhile, Ben Wittes is unexpectedly spending his time writing interesting posts about why imminence is in there in the first place, and not mocking the NYT editorial calling for a drone and/or targeted killing court.
Wittes writes.
I think the source of law for imminence in Holder's speech, in the white paper, and in this memo is a presidential covert action finding. That is, I think the president, in issuing whatever finding gave rise to the killing of Al-Aulaqi, limited the authorization to situations involving imminent threats. This invocation was prudential, not legally required by any other source of law, but it operates as law for the executive branch.
There are a few pieces of evidence—not conclusive, but suggestive—supporting this view:
The most important is that memo—by omission—excludes the other major possibilities. If the imminence requirement is not there because of constitutional separation of powers, international law, or the constitutional rights of the targets, it's got to be coming from somewhere. Internal executive branch law is one of the few remaining possibilities.
Moreover, it's the only obvious possibility I can think of that would leave so little footprint in the memo. Indeed, if the imminence discussion is present but redacted, that suggests that the very source of law is classified. That is consistent with its appearance in a finding. Alternatively, if the reason the discussion seems to be missing is that it isn't there at all, that is also consistent with its originating in a finding. After all, if we assume that imminence is only a requirement because the president said it's a requirement, it follows that the concept means—at least in this context—whatever the president wants it to mean.
I'm not sure I buy that there is no legal reason for imminence, but I do agree it is relatively absent in what we have of the July 16, 2010 memo.
As it happens, in my thinking about the absence of a discussion of imminence in this memo, I have started comparing what's in the white paper but not the OLC memo (I have already noted that the desultory treatment of why Courts couldn't review the assassination is not in the OLC memo).
Remember, there are two possible explanations for why something would be in the White Paper (dated November 8, 2011, over a month after Awlaki was killed) but not in the July 16, 2010 OLC memo we got yesterday. First, those missing elements could be in the first OLC memo, from February 2010. Section VI of yesterday's memo cites from and appears to repeat the analysis from that other memo. And that's precisely where the reference to "imminent" is.
The task before OLC in February 2010 was likely somewhat different than the task in July 2010, because not only did OLC have to come up with an argument for killing an American going forward, but it likely felt some urgency to justify the attack on Awlaki attempted on Christmas Eve 2009, which was by all reports conducted under Article II justification. Dana Priest's report that Awlaki was on the JSOC kill list probably created real urgency in January and February to provide this justification. Both the fact that that strike was attempted under solely Presidential authority, and that it was done without prior OLC review would raise the importance of arguing that Awlaki, in the wake of early December 2009 revelations that he had been in contact with Nidal Hasan, was an imminent threat.
The other possibility is that the emphasis on imminence came after the OLC memo, and DOJ added it into the white paper either for what was intended to be public (or at least Congressional) consumption, or to deal with developments that occurred between the time David Barron finished the memo in July 2010 and the time the government killed Awlaki 14 months later.
Meanwhile, I've been puzzling over something that appears in the white paper that we know can't appear in either OLC memo: the citation to John Brennan's September 16, 2011 speech on "Strengthening our Security by Adhering to our Values and Laws." This sentence of that speech was cited: "The United States does not view our authority to use military force against al-Qa'ida as being restricted solely to 'hot' battlefields like Afghanistan." That is, unless I'm mistaken, the only reference to a source that post-dates the OLC memo that authorized Awlaki's killing.
As it turns out, that sentence introduces a discussion that leads to a treatment of the government's definition of "imminence."
The United States does not view our authority to use military force against al-Qa'ida as being restricted solely to "hot" battlefields like Afghanistan. Because we are engaged in an armed conflict with al-Qa'ida, the United States takes the legal position that —in accordance with international law—we have the authority to take action against al-Qa'ida and its associated forces without doing a separate self-defense analysis each time. And as President Obama has stated on numerous occasions, we reserve the right to take unilateral action if or when other governments are unwilling or unable to take the necessary actions themselves.
That does not mean we can use military force whenever we want, wherever we want. International legal principles, including respect for a state's sovereignty and the laws of war, impose important constraints on our ability to act unilaterally—and on the way in which we can use force—in foreign territories.
Others in the international community—including some of our closest allies and partners—take a different view of the geographic scope of the conflict, limiting it only to the "hot" battlefields. As such, they argue that, outside of these two active theatres, the United States can only act in self-defense against al-Qa'ida when they are planning, engaging in, or threatening an armed attack against U.S. interests if it amounts to an "imminent" threat.
In practice, the U.S. approach to targeting in the conflict with al-Qa'ida is far more aligned with our allies' approach than many assume. This Administration's counterterrorism efforts outside of Afghanistan and Iraq are focused on those individuals who are a threat to the United States, whose removal would cause a significant – even if only temporary – disruption of the plans and capabilities of al-Qa'ida and its associated forces. Practically speaking, then, the question turns principally on how you define "imminence."
We are finding increasing recognition in the international community that a more flexible understanding of "imminence" may be appropriate when dealing with terrorist groups, in part because threats posed by non-state actors do not present themselves in the ways that evidenced imminence in more traditional conflicts. After all, al-Qa'ida does not follow a traditional command structure, wear uniforms, carry its arms openly, or mass its troops at the borders of the nations it attacks. Nonetheless, it possesses the demonstrated capability to strike with little notice and cause significant civilian or military casualties. Over time, an increasing number of our international counterterrorism partners have begun to recognize that the traditional conception of what constitutes an "imminent" attack should be broadened in light of the modern-day capabilities, techniques, and technological innovations of terrorist organizations.
At a minimum, Brennan's speech might suggest the imminence analysis is in the OLC memos, to the extent it is, because our allies would insist on it. But even while he does that — and purportedly cedes to the international view on the battlefield that would 2 weeks later take Awlaki's life — he suggests the definition is changing.
Remember, too, that Assassination Drone Czar Brennan would have been the one to conduct the final review of the standards laid out before okaying the killing of Awlaki, the one to decide he was still an imminent threat 21 months after he was first targeted. So Brennan's depiction of a changing standard of imminence is quite interesting, given that either by this time, or 2 weeks later, he would have signed off on the imminence of the threat Awlaki posed.
I raise Brennan not just because I find it significant that the white paper relied on this as a "source" of authority to kill Awlaki over a year after OLC had judged it. But the reliance on the speech also suggests that the white paper emphasis on imminence might post-date both OLC's memos on Awlaki.
And there is one obvious thing that emphasized imminence — and the potential role of judges — that post-dated the OLC memo, though not by much. Around July 1, Nasir al-Awlaki's father retained ACLU and Center for Constitutional Rights to represent him in a challenge to Awlaki's targeting. The very same day OLC issued its memo, Treasury named Awlaki a Special Designated Terrorist, which required the ACLU and CCR to request permission to represent Awlaki's father to avoid being charged with material support for terrorism.
In their suit — filed August 30 — they asked for,
a declaration from this Court that the Constitution and international law prohibit the government from carrying out targeted killings outside of armed conflict except as a last resort to protect against concrete, specific, and imminent threats of death or serious physical injury; and an injunction prohibiting the targeted killing of U.S. citizen Anwar Al-Aulaqi outside this narrow context.
That is, the ACLU/CCR suit emphasizing imminence almost certainly would have raised the stakes for it, if it wasn't already a government standard.
In September, the government moved to dismiss the suit, arguing (as they did in the white paper but not the July 2010 OLC memo) that the courts had no role in reviewing this issue…
The Judiciary is simply not equipped to manage the President and his national security advisors in their discharge of these most critical and sensitive executive functions and prescribe ex ante whether, where, or in what circumstances such decisions would be lawful. Whatever the limits of the political question doctrine, this case is at its core.
… And arguing that the courts couldn't determine whether someone was an imminent threat.
For example, even assuming for the sake of argument that plaintiff has appropriately described the legal contours of the President's authority to use force in a context of the sort described in the Complaint, the questions he would have the court evaluate—such as whether a threat to life or physical safety may be "concrete," "imminent," or "specific," or whether there are "reasonable alternatives" to force—can only be assessed based upon military and foreign policy considerations, intelligence and other sources of sensitive information, and real-time judgments that the Judiciary is not well-suited to evaluate.
See also this post for the choose your own adventure novel the government laid out to cover Awlaki's killing.
Whatever the government argued in February 2010, its arguments to combat this suit in September 2010 required the government to deal with imminence directly, whether or not they did extensively in February or July 2010. And then, just weeks before they killed Awlaki (it having been a year since the most recent publicly claimed attack the government claimed Awlaki had a role in), the Administration publicly advocated a very flexible notion of imminence.
Clearly, the government nodded to imminence before the Nasir al-Awlaki suit, at least by a few weeks. But certainly, the government's successful attempt at avoiding court review relied on certain arguments that show up in more prominent form in November 2011 then it does in July 2010.
Again, I'm agnostic whether the government emphasized imminence to explain the (under the standard as written, because the government did not believe Awlaki to be operational on that day) illegal strike against Awlaki from December 24, 2009, or whether they increased their focus on imminence in response to CCR and ACLU. But I think either might be a likely explanation.
Last year, after the drone white paper demonstrated how shoddy were the Obama Administration's claims to be able to kill Anwar al-Awlaki, a group of Senators decided the best way to avoid difficult questions but appear to address the issue would be to have the FISA Court review drone and/or targeted killings before they happened. I did a series of posts laying out what a horrible idea that was. I showed:
As a reminder, I argued the claims in that last bullet in February 2013.
The Fourth Amendment holds that judges must decide whether wiretaps are reasonable or not.
Yet after the FISA Amendments Act, that's not what happens. Rather, judges are deprived of the ability to do more than review the government's certifications about targeting and minimization. Once a judge has done so, however, the government can not only bulk collect telecommunications involving someone overseas, but it can later search on those telecommunications to get to the US person's side of the conversation, apparently without court review on the back side.
Effectively, discretion over this massive system has collapsed back inside the Executive Branch.
And all that's before the government's use of the secret law that Mark Udall and Ron Wyden keep complaining about, which probably involves — in part — the bulk collection of geolocation information from cell phones. It's also before the government has interpreted the word "relevance" to justify other massive collection programs (at a minimum, of things like hydrogen peroxide and acetone purchases) involving US persons.
In short, the FISA Court has become a venue not for judges to exercise individualized discretion about probable cause. Rather, it has become the venue in which the government uses the secrecy offered to develop expansive legal interpretations to support vast new spying programs it won't even tell Americans about. Not only the promise of individualized judicial discretion has been eliminated, so has the very premise that American should know what laws they are subject to.
In June and August of last year, Snowden disclosures led the rest of the world to recognize that the FISC had authorized back door searches without judicial review of programmatic collection, had authorized the bulk collection of data from cell phones (though more limited collection of location data), and had interpreted the word "relevance" to mean "all."
That is, my argument that the FISC was broken and therefore couldn't be trusted with matters of life and death came to be accepted by just about everyone, up to and including Administration officials who agreed to make cosmetic (though not functional) changes to the FISC.
Along the way, we have also learned that the government is not complying with Congressional intent with respect to defendants' rights, meaning the efficacy of the FISC in protecting constitutional rights has avoided the tests it should have had.
Yet the changes we have made — effectively inviting the FISC to call their existing clerks "advocates" to provide the patina of adversarial review — really are no more than cosmetic, and USA Freedumber has aspects that would weaken the FISC even further.
I thought all this had led people to see the folly in using the FISC to judge drone and/or targeted killings.
As you read the Awlaki memo, it's worth remembering why it was written, after David Barron had already written a memo authorizing Anwar al-Awlaki's killing 5 months earlier. In April 2010, as newspapers reported that Awlaki had been added to the CIA Kill List (having been added to the JSOC one either in December 2009, before they tried to kill him on Christmas Eve, or in January 2010, when Dana Priest reported it), international law scholar Kevin Jon Heller wrote a blog post arguing that it would be murder for CIA to kill Awlaki.
The Obama administration has been savagely criticized for authorizing the CIA to use lethal forceagainst Anwar al-Awlaki, a US citizen who is allegedly a member of al-Qaeda in Yemen. Glenn Greewald, for example, has described the decision — justifiably — as "unbelievably Orwellian and tyrannical." To date, however, critics have ignored what I think is perhaps the most important point:An American who kills an American outside of the United States is guilty of murder. Not political murder. Not figurative murder. Legal murder.
(a)Definition.— In this section, "national of the United States" has the meaning stated in section 101(a)(22) of the Immigration and Nationality Act (8U.S.C. 1101 (a)(22)).
The foreign-murder statute has to be the starting point of any analysis of the Obama adminstration's decision to authorize the CIA to kill al-Awlaki. If the CIA does kill him — and even if it doesn't; see below — any CIA operative involved in the killing who is American is presumptively a murderer. The only questions would be (1) whether for some reason 18 USC 1119 would not apply, and (2) whether the CIA operative would have a plausible defense if he was charged with murder in federal court.
In response to this post, David Barron felt the need to reconsider the question.
The main point was to determine whether the CIA — not the government generally — could kill Awlaki.
And the memo seems to betray uncertainty about whether they've really proved their case.
Consider the length. Barron takes 10.5 pages to consider whether DOD could kill Awlaki, and somewhat unsurprisingly finds that soldiers whose job it is to kill the country's enemies can kill someone who has been deemed an enemy to his country.
Barron spends just 5 pages considering the far more controversial question whether CIA can kill Awlaki. As was pretty clear Barron would do from the White Paper, he does so by collapsing the difference between soldiers (whose job is to kill our enemies) and CIA (who are prohibited from breaking US law and whose job is not, primarily, to kill our enemies). That is, the argument in favor of soldiers killing stands in for a considered argument for spies killing.
It seems to accomplish this by classifying CIA's actions as military — though the classification is redacted. See this passage from page 18:
And this passage from page 32:
Given debates that took place afterwards, I think the redacted language may either describe CIA's actions as Traditional Military Activities or paramilitary activities. It appears by labeling the CIA's job as such, Barron disappeared the other rules that govern CIA action. But his language in this footnote, doesn't reflect great confidence his argument is very strong.
We note, in addition, that the "lawful conduct of war" variant of the public authority justification, although often described with specific reference to operations conducted by the armed forces, is not necessarily limited to operations by such forces; some descriptions of that variant of the justification, for example, do not imply such a limitation. See, e.g., Frye, 10 Cal. Rptr. 2d at 221 n.2 ("homicide done under a valid public authority, such as execution of a death sentence of killing an enemy in a time of war"); Perkins & Boyce, Criminal Law at 1093 ("the killing of an enemy as an act of war and within the rules of war.")
Barron's confidence in footnote 44 — especially where he argues that the US doesn't think that unprivileged combatants (which include both CIA and al Qaeda members operating not in uniform) engaging in killing violates the law — appears even more shaky. If that's true, then someone should go free Omar Khadr, because we argued that his self-defense attempted killing of Americans was illegal solely because he was unprivileged.
That is, it doesn't appear even Barron believes his own argument.
One other thing that appears to be redacted is the authority for CIA's actions, in the redacted language following "the CIA would carry out in accord with" …
That language probably refer to the Presidential Finding required before CIA engages in covert operations. That is, critical to this argument appears to be the formula that if the President deems the CIA a military force (and gives them drones) then they get treated — at least according to US law — just like soldiers, even when they're killing Americans.
That involves an extra step to the formula "if the President authorizes it," requiring also that he call CIA spies soldiers. But it still amounts to the same argument.
The Awlaki Memo has just been released. This post will be a working thread. Note, page numbers will be off the page numbers of the memo itself (starting at PDF 61).
Pages 1-11: Barron takes 11 pages to lay out both the claims the government made about Anwar al-Awlaki and the request for an opinion. All of that is redacted.
Page 12: This memo is particularly focused on 18 USC 1119, which OLC only treated because Kevin Jon Heller raised it in a blog post. Note that OLC splits its consideration of whether DOD could kill Awlaki (which it probably could) from its consideration whether CIA could (which is far more controversial). The memo seems to have been written so as to authorize both DOD and CIA to carry out the operation, whichever got around to it. Also note the memo assumes the earlier Barron memo that authorizes this secret due process gimmick.
Page 13: OLC's analysis is closely tied to legislative history, which is fine. Except that DOJ routinely ignores legislative history when it doesn't serve its purposes.
Page 15: Footnote 12 argues that after invoking public authority jurisdiction the government doesn't have to say what happened to the law:
There is no need to examine whether the criminal prohibition has been repeated, impliedly or otherwise, by some other statute that might potentially authorize the governmental conduct, including teh authorizing statute that might supply the predicate for the assertion of the public authority justification itself.
Nothing is cited to defend this proposition. It seems like a giant hole in the opinion, though I await the lawyers to tell me whether that's the case.
Page 15: Note the government has redacted all the other memos listed in Fn14 where it has exempted itself from criminal law.
Page 16: The government only leaves Nardone unredacted in FN15 among laws where Congress has limited Congressional action. That seems … odd.
Page 17: Note that part of FN 20 is redacted. This seems to justify other claims OLC made that something wasn't illegal.
Page 18: Note the redaction describing the kind of CIA operation here. I'd be curious whether it used Traditional Military Activities or paramilitary, as the distinction is a crucial one but one that often gets ignored.
Page 19: Note how the language on "jettison[ing] public authority justification" as if it existed prior to 1119 for both DOD and CIA.
Page 19: This is likely one reason why Ron Wyden keeps asking for more specifics:
Instead, we emphasize the sufficiency of the facts that have been represented to us here, without determining whether such facts would be necessary to the conclusion we reach.
Page 21: Note that one of the things OLC concludes — rather than restates — in the redacted 11 pages that start the opinion is the AUMF language. It appears by reference in this form.
And, as we have explained, supra at 9, a decision-maker could reasonably conclude that this leader of AQAP forces is part of al-Qaida forces. Alternatively, and as we have further explained, supra at 10 n 5, the AUMF applies with respect to forces "associated with" al-Qaida that are engaged in hostilities against the U.S. or its coalition partners, and a decision-maker could reasonably conclude that the AQAP forces of which al-Aulaqi is a leader are "associated with" Al Qaeda forces for purposes of the AUMF.
Two things about this: by this point (July 2010), the government had already gotten away with this "associated forces" claim in Gitmo habeas filings. But if that's what they rely on, why not leave it unredacted? (Note, they do cite it on the next page, but not in this discussion.)
The Government is trying to quasi appeal the 2nd Circuit's order to turn over information on the Awlaki killing (in part, it appears, to claim the CIA was not involved in the killing after all!). It appears to be hiding a number of references to other OLC memos (and one memorandum that may not be from OLC and another to OLC). Among the other things it lists that the 2nd Circuit said should be released but which the government would like censored are the following:
- the citation to and description of an OLC memorandum cited at page [redacted]
- the citation to and description of an OLC memorandum cited at pages [redacted]
- a citation to a memorandum to OLC at page [redacted]
- the citation and description of a memorandum at page [redacted]
- the citation to and description of an OLC memorandum at pages 16 nn. 14 & 16
Admittedly it's possible the three references to the memos are to the same memo, but from the syntax it doesn't sound like it. The thing is, the government gets to hide OLC memos by claiming they weren't finalized. But if the government is citing them in a finalized memo, then it is relying on them. Then they're finalized, aren't they?
The Administration has informed the 2nd Circuit it won't appeal its order to release the Anwar al-Awlaki memo. (h/t Mike Scarcella)
But it is going to ask nicely that the Circuit reconsider some of its instructions on redactions.
Granted, we knew they were going to try to hide that CIA conducts the drone killing, and some other details (perhaps even that the drone killing happened in Yemen).
But they insist on doing this ex parte.
The government does not intend to seek further review of the Court's ruling that the OLC-DOD Memorandum may not be withheld in full under the Freedom of Information Act ("FOIA"). The government does intend, however, to seek panel rehearing, and alternatively, rehearing en banc, with respect to certain parts of the Court's opinion and its proposed redactions.
The government intends to seek rehearing to protect certain information in the Court's opinion, the Court-redacted version of the OLC-DOD Memorandum, and the OLC classified Vaughn index ordered disclosed by the Court. In the government's view, that information is properly classified, protected from disclosure by statute, and/or privileged, and therefore exempt under FOIA Exemptions 1, 3, and/or 5, 5 U.S.C. § 552(b)(1), (3), and/or (5), even if the OLC-DOD Memorandum cannot be withheld in its entirety under FOIA. Some of the information appears to have been ordered disclosed based on inadvertence or mistake, or is subject to distinct exemption claims or other legal protections that have never been judicially considered.
Of course, the Administration got David Barron confirmed before this was resolved (that was naive response from Mark Udall and Ron Wyden, in my opinion — I wouldn't trust the Administration's word after this!).
And now they're going to make a secret bid to keep the jist of the report (likely everything that hasn't already been published in the white paper) secret.


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CONWAY, Ark. (KNOE 8 News/AP) - The University of Central Arkansas is proposing a 4 percent increase for tuition and mandatory fees next school year.
School officials made the proposal Tuesday. The university's board of trustees will vote on the proposal during a meeting Friday in Conway.
Under the proposal, the cost of tuition and mandatory fees for an undergraduate student taking 30 credit hours over two semesters will rise from $7,595 to $7,889, for the 2014-2015 school year. That's a 3.86 percent increase.
UCA President Tom Courtway says the tuition increase is to cover cost-of-living increases for faculty and staff.
UCA Student Government Association vice president of operations Bryce Crabb says he and fellow student leaders believe the increase is necessary and support it.

subset: commoncrawl


text: ESPN Feed: chris price http://assets.espn.go.com/i/tvlistings/tv_espn_original.gif ESPN en-us 10 ESPN Inc. http://espn.go.com/ Copyright 2010 ESPN Inc. Free-agent receiver Rod Owens, an undrafted rookie who was waived by the St. Louis Rams last week, worked out for the Patriots this morning. Christ...]]> June 03, 2010 11:55:27 PDT Free-agent tight end J.P. Foschi worked out for the Patriots at Gillette Stadium on Friday, his agent Ralph Cindrich said on Twitter. Christopher P...]]> April 17, 2010 09:10:09 PDT The Patriots fan who brought energy to Gillette Stadium Sunday by mimicking Randy Moss's touchdown celebration on the scoreboard video screen is 12 ye...]]> December 29, 2009 11:39:43 PST


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Remember Me
DHI Media Staff Reporter
DELPHOS — Nearly 30 city officials, business owners and concerned citizens met at the Delphos Eagles Tuesday night to continue a forward momentum of discussions of how to develop new and retain the existing business infrastructure of Delphos.
DHI Media Advertising Manager Peter Ricker, who led the meeting, said the key effort is about everyone coming together as a community.
VAN WERT — The first call at 9:35 a.m. Dec. 14, 2012, came from a secretary in the school's office. Seconds later, the emergency dispatchers took another call from Sandy Hook Elementary School — this one from a custodian.
Dispatchers didn't need to ask why. They could hear the gunshots over the phone.
DHI Media Staff Writer
OTTOVILLE —Village Council members approved the purchase of a new $4,895 Watchguard video system for the police department Crown Victoria cruiser during Monday night's council meeting.
Chief of Police Jay Herrick presented two quotes on two different video systems and said he thought the Watchguard had the "bells and whistles" needed.
One Year Ago
Friday evening of Canal Days around 7 p.m., take a walk to the Delphos Area Art Guild located on Main Street for the opening reception for the ArtFest exhibit, which attracts artists from the Delphos community, as well as from Wapakoneta, New Knoxville, Celina and Bowling Green.


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Shadin won't leave pilots in the dark
As the use of night-vision goggles (NVG) becomes more prevalent, especially in EMS helicopter operations, the issue of cockpit instrument viewability is assuming greater importance. That's why Shadin Avionics and Aero Dynamix (Booth No. 1634) have teamed to make Shadin's fuel flow management indicators NVG-compatible.
Shadin (Booth No. 3230) has agreed to provide fuel flow indicators to Aero Dynamix, a Euless, Texas FAA-certified repair station that specializes in NVG modifications. Aero Dynamix will complete the modifications to the Shadin units, stock the systems and ship directly to avionics retrofit and completions centers for installation. All modifications are FAA-approved and fully documented.
Please Register
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AFC Championship: Don't Worry, Baltimore Ravens Fans! Papa John Is Here for You
This is a rough time to have ties to the Baltimore Ravens. I mean, Tom Brady was doing everything in his power to give the Ravens a spot in the Super Bowl, but they strangely refused to take it. And now that they're out, Baltimore fans (and, I suspect, many of the players) are upset and left with two guys to blame — Billy Cundiff with the missed kick and, more important, Lee Evans with the go-ahead touchdown drop.
The next few days will naturally be filled with hate speech toward these two. (I'd recommend Billy and Lee not return to Baltimore, and instead catch the rest of the Sundance Film Festival, sans Internet, television, or humans who have Internet/televisions.) But the attention of Ravens fans needs to be focused on the good that came out of Sunday's 23-20 loss. Believe it or not, there are a few reasons for Baltimore fans to forcibly turn that frown upside down.
1. Joe Flacco outplayed Tom Brady — and everyone knows it
Flacco didn't have a perfect game, but he did everything he could to put his team in a position to win. And when the game was on the line, Flacco threw the perfect pass. Unfortunately, that perfect pass was dropped, but you can't put an ounce of blame on Joe for that. Yes, he did technically lead his team to a loss, which can't feel good, but based on his performance, Flacco's confidence level has to be moderately high. And, while this sounds horrible, it is probably sort of nice to not be blamed for your team's loss. (Yep. Read it back. Sounds horrible.)
2. Ray Ray is coming back
I was watching the game in semi-Patriots territory, and was repeatedly asked why I was rooting for the Ravens. Unaware that speaking ill against the Pats is the easiest way to be fired from Grantland, my only answer was, "Ray Lewis. I love Ray Lewis." While I'm completely aware of things that may or may not have taken place in a nightclub within the confines of a city that I may or may not be from, in my mind he's the NFL's R. Kelly, which gives me permission to proudly state that he's my favorite player to watch.
I love that Lewis is playing with guys who were learning subtraction when he entered the league, but he's still the leader of the team — both emotionally and by way of production. For the past few years, every upcoming season could have potentially been his last; having him back for one more is a blessing for the Ravens. Deep down, we all know that this historic Ravens defense that has supported a subpar offense for years ends once Ray Ray (and Ed Ed) leave, so it's great news to know the era is extended.
3. The Ravens lost to the best
When you lose, you hope it's to the best. In this case, the Ravens have done that, because it's not like the Giants are winning the Super Bowl. That'd be silly.
4. Papa John wants to help Baltimore through this tough time
Being the humanitarian that he is, the man they call "Papa John" is offering 50 percent off online orders TODAY if you enter the promo code "RAVENS50." The catch is that you have to be a Ravens fan to enter that code, which is Papa's way of really showing that he cares about the city of Baltimore.
Sure, outside of these four things, there isn't a single thing for Baltimore fans to be even remotely happy about, but if they print out this list, throw it under a magnet on the fridge, and read it aloud 20 times a day, they should be able to make it through this dark time. Never forget the good that is in store, long term (Ray Ray's back) and short term (PIZZA PARTY).
Also, Baltimore fans — to increase your level of happiness even more, it helps to never refer to the two scrubs who ruined your lives by name. Try out "He Who Shall Not Be Named" for size, and if that doesn't work, just refer to them collectively as "Matt Ryan."
Filed Under: Baltimore Ravens, Joe Flacco, Ray Lewis, Rembert Browne
More from Rembert Browne
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text: |Wearing Tony Lama western boots is living the cowboy life! Tony Lama designs are constructed to fit your life, for life. Handcrafted and hand tooled ensure rugged durability making them built to last. This western cowboy boot features handcrafted leather uppers, pull on construction, cushioning insole, western inspired detail, and rubber outsole. Made in the USA. Shaft measures 12". Style #7900. WIDE Width.


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Charles N. Pace, age 82, of Tuscumbia, Alabama.
Charles was born and raised in Franklin County, Alabama on June 5, 1931. He was the youngest of 11 siblings, born to Simon Peter Pace and Mary Hester James Pace.
Charles Pace was a man with a strong work ethic. This was instilled in him as a young boy in Waco, Alabama as he learned to work in the cotton fields. Charles graduated from Russellville High School in 1949, where he was a star football and basketball player. As a very young man, he worked at A & P grocery store. He joined the Air Force and served his country in several foreign countries as a radio operator. He often spoke fondly of memories from France, Germany, Saudia Arabia, and other countries.
After returning home and discharging from the Air Force, Charles married his lovely wife, Margaret Marie Newman on June 24, 1956. At the time Charles worked at Redstone Arsenal and then for the Railroad. After that he became a long time employee at Ford Motor Co. in Sheffield. He worked for Ford until the plant closed, forcing him to take early retirement. Charles also raised cattle and crops for many years. He was always busy working. After retiring from Ford, Charles went back to college and finished his business degree at the University of North Alabama. He was about 53 at the time. Later in life, he developed a subdivision on Colbert Heights Mountain.
Charles and Marie raised two daughters and a son together. They have had a long and happy marriage. Their love for one another was always obvious and they raised their kids to love the Lord. Charles accepted Jesus Christ as his Lord and Savior at a young age. He was a long time member of First Baptist Church Colbert Heights and truly loved his church family there. He served as a Deacon many years and was always very actively involved in his church. He strived to make a difference in the lives of others and to stress the importance of missions. He believed in the Word of God and was a great teacher of it.
Charles is preceeded in death by his parents, Simon Peter Pace, and mother, Mary Hester James Pace. He also preceeded his brothers, Owen Pace, Luther Pace, and Wallace Pace along with sisters, Mamie King, Leona Scruggs, and Louise Seay. He is survived by brothers, Copeland Pace, Ford Pace, Gene Pace, and sister Ena Pickens.
He will be fondly remembered and greatly missed by his wife, Margaret Marie Newman Pace, and his kids: Rebecca Michael (Randy,) Pamela Webb (Joe,) and Darrell Pace (Teresa.) His Grandkids: Joseph Jarrell (Heidi,) Jessica Michael Drake (Lucas,) Jana Michael Berry (Tim,) Amanda Bartlett (Jeremy,) Kirstin Pace, Karly Pace, Katrina Pace, and Kelsey Pace. His Great Grandkids: Emily Jarrell, Laina Drake, Tate Drake, John Ryan Berry, Jacie Berry, Amos Bartlett, Aleigha Bartlett, and Amelia Bartlett.
The family will receive visitors at Morrison Funeral Home, Tuscumbia, on Sunday, December 15th, 2013 from 7-9 and the funeral will be Monday at 11a.m. in the funeral home chapel. Darrell Pace and Seth Hood will be officiating.
In lieu of flowers, the family asks that donations be given to the Lottie Moon Christmas Offering for World missions. This can be sent to Colbert Heights Baptist Church or Calvary Baptist Church. The family would like to thank Dr. Richard Deal and the physicians at the Northwest Alabama Cancer Center as well as the Hospice of North Alabama. Special thanks goes to Laura, Sheila, and Tina for hospice care. Thanks also to a loving Church family for all you do.
Pallbearers will be Joseph Jarrell, Lucas Drake, Jeremy Bartlett, Tim Berry, Jimmy Michael, Leroy Willis, Joe Latham, Danny McCollum and Ron Crow. Honorary pallbearers will be Crochen Seal, Terrell Herron, David Brown, Lawrence Kimbrough Jr. and Malcolm Smith.


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- Citations
stony meteoriteArticle Free Pass
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stony meteorite, any meteorite consisting largely of rock-forming (silicate) minerals. Stony meteorites, which are the most abundant kind of meteorite, are divided into two groups: chondrites and achondrites. Chondrites are physically and chemically the most primitive meteorites in the solar system. They appear to be primarily aggregates of material that formed in the solar nebula prior to or during planet formation. They also contain some material that predates formation of the solar system. Most chondrites have been either thermally or aqueously altered when they were part of their parent asteroids, but none have experienced significant melting. Achondrites, on the other hand, were all produced by melting of their parent bodies. Although most achondrites are fragments of asteroids, a few come from the Moon or Mars.
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Get Ready For MOE Service - MOE Results!
In the past few years I have averaged more than 1 home sale every week! Find out how I do it by taking a look at my marketing plan, some of my recent sales, and past client testimonials. And when you are ready to take the next step, fill in my online free home evaluation request form. I would love to help! If you have any questions what so ever, please do not hesitate to contact me at anytime. *Based on the 2 person team category.
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Watch the video of our latest happy Scott MOE client!Open Video Testimonial The Douglas Family, Cloverdale Jun 10, 2014
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I was contacted a few months back by one of the parents at George Greenaway Elementary school in Cloverdale to see if I could assi


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Today's MLB News
RECAP: Marlins Win Opener Vs. Mets 9-6 Behind Late Rally
Behind a three-run eighth inning, the Miami Marlins were able to win the series opener against the New York Mets on Labor Day by a final score of 9-6.
Matt Joyce Delivers Walk Off Single, Rays Win 4-3
The Tampa Bay Rays needed 10 innings but Matt Joyce delivered his second career walk off hit leading the Rays to a 4-3 victory and series split with Boston.
Tampa Bay Rays Extend Agreement With Durham Bulls
The Tampa Bay Rays have extended their player development agreement with the Durham Bulls through the 2018 season.
Which Teams Are The Favorites To Win The World Series?
With the playoff races well underway as we near the end of the 2014 regular season, it is not too early to take a look at the favorites to win it all.
Steve Geltz Overcomes Adversity To Get Back To Big Leagues
Steve Geltz made the big leagues with the Angels in 2012 after not being drafted. Had to overcome 50-game suspension to get back to bigs with Rays.
The Angels top the MLB Power Rankings – September 1st
The best baseball in the country is being played in Los Angeles and in the mid-Atlantic region of the good old U.S.A. as we hit Labor Day. On this the first day of September the Angels and the Dodgers
Top 10 Pitchers In MLB Today According To FIP
Here's a different list of the top ten starting pitchers in baseball today, as they are ranked by FIP rather than traditional statistics.
RECAP: Marlins Drop Pitching Duel In Finale In Atlanta 1-0
The Marlins dropped the finale in Atlanta tonight by a final of 1-0, with the only run coming on an Evan Gattis solo home run.
Rays Shutout For 16th Time, Fall To Sox 3-0
The Tampa Bay Rays were shutout for the 16th time this season falling to the Boston Red Sox by a final score of 3-0.
Adam Dunn Hanging Up Cleats After 2014 Season
Adam Dunn has informed those throughout Major League Baseball that he will hang up his cleats following the end of the 2014 season.


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Ice Cube - Drop Girl
Artist: Ice Cube
Producer: Redfoo [for FooCo LLC.]
Album: Everythang's Corrupt
Avg Rating: 3.0 ( 10 total votes )
After what seems like years of waiting, we still have yet to receive Ice Cube's mega-delayed 10th full-length. But we do have the next best thing: new single Drop Girl. In contrast to the grimy, street-ready vibes of Sasquatch and Sic Them Youngins on Em, this jam is tailor-made for club rotation. RedFoo (of LMFAO fame) mans the production boards, engineering the rubbery synths, pulse-pounding percussion and subtle vocal loops accompany the West Coast mainstay as he admires the anatomy of a female clubgoer. Experienced dancefloor-rocker 2 Chainz and the aforementioned RedFoo assist on the guest tip. Everythang's Corrupt will be released on October 21.
Update: We have added the Will Kendrick-directed visuals for Cube's Drop Girl single.
Listen to More: Ice Cube , 2 Chainz , Redfoo , Music Videos, Hitmaker, Club
Written by richard on 07/22/14
Lench Mob Records
First DJ Booth Appearance:
"This Is Los Angeles ft. Ice Cube" (2007)
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The wait is over! Download the BeerAdvocate app on iTunes or Google Play now.
Get 12 issues / year of BeerAdvocate magazine for only $9.99!
Double D IPA - Old Dominion Brewing Company
Displayed for educational use only; do not reuse.
Ratings: 294 | Reviews: 57 | Display Reviews Only:
New Jersey
4.25/5 rDev +16.8%
05-28-2013 21:41:55 | More by thampel09
New Jersey
3.44/5 rDev -5.5%
Pours dark orange with a minimal head. The smell has a very nice cirrus and hop blend which instantly gave me high hopes this was a Damond in the rough. BUT, the smell unfortunately was the best part of the beer. Not all that much citrus or hops present. I kept smelling and tasting cause it almost seems impossible for something to smell this hoppy and citrusy to have such a bland taste. Nothing great here , but to be fair, nothing really bad either. Just sort of middle of the road double IPA that I would only get if the beer menu lacked any other kind of crafts. Not worth seeking out.
05-25-2013 22:39:46 | More by sjones5045
New Jersey
4.11/5 rDev +12.9%
Got a single bottle of this at a local shop, just to try it out. Bottle date 4/17/13. A little over a month old, which is at the far limit of what I prefer on IPA freshness...
Poured into a Brooklyn Brewery snifter.
A: A semi-vigorous pour produced a finger thick head with decent retention and nice lacing. The color is clear, amber brown with no visible carbonation. Very nice to look at.
S: Grapefruit, pine, malt - all in relative balance. For a DIPA, it's quite balanced and pleasant. I didn't experience any alcohol smell. Surprising for a 9% abv beer, but I'll take it. Yet, if you are looking for something that's in your face, go elsewhere. The nose on this one wouldn't tell ya this is a DIPA...
T: Floral hops, pine, grapefruit, a malty sweetness. It's both light yet full and thick in body. It didn't have me floored, but I thoroughly enjoyed this one.
M: It's somewhat thick as one would expect with a decent amount of carbonation. Smooth. No alcohol bite or hop astringency. It's quite nice.
The Double D isn't among the best, but it's a very good beer. If you're looking for a casual DIPA (is this possible?) it's not a bad choice, but I wouldn't go out of my way to try it. If the Double Jack is a 90, the Dogfish 90 would be an 85, and the double D would be 80. YMMV...
05-24-2013 19:34:47 | More by gobseulmuhri
4.75/5 rDev +30.5%
05-22-2013 23:43:24 | More by Hanselpb
New Jersey
3.5/5 rDev -3.8%
05-22-2013 23:07:58 | More by erialbill
4/5 rDev +9.9%
05-19-2013 02:43:18 | More by TheTinDoor
3.25/5 rDev -10.7%
05-17-2013 01:06:15 | More by tzolandz
New Jersey
3.98/5 rDev +9.3%
S- Poured from a 12oz bottle into a 16oz (Odell branded) snifter (bottled on date: April 14, 2013)
A- Copper/Honey/Deep Golden color with a less than one finger's worth of head.
S- Caramel sweetness, tropical fruit and piney bitterness
T- Pine and sweet caramael malt...the palate is consumed by malt and hops in equal amounts...a very malt-heavy double IPA (but those who understand who know the style), this is a solid example.
M- Enough carbonation to keep it from becoming cloying, but this is a brew that is enjoyed colder, as it becomes a bit boozy when it warms.
O- I would suggest getting this as fresh as possible to get the most out of the dry hopping aroma/flavor.
05-13-2013 23:41:01 | More by threeviews
4.25/5 rDev +16.8%
05-13-2013 00:19:50 | More by atone315
4/5 rDev +9.9%
05-11-2013 22:30:35 | More by flyersfan900
4/5 rDev +9.9%
05-06-2013 01:03:55 | More by GaryMarkle84
2.25/5 rDev -38.2%
04-29-2013 22:53:45 | More by Bonsai
New Jersey
3.5/5 rDev -3.8%
04-28-2013 19:37:52 | More by ShemRahBoo
3.5/5 rDev -3.8%
04-28-2013 01:36:24 | More by Lee45102
4/5 rDev +9.9%
04-28-2013 00:02:25 | More by AndrewMichael
3.25/5 rDev -10.7%
12 oz bottle into a pint glass.
A: Pours a mildly hazy copper color. The head is three fingers high and offwhite in shading, quickly receding to reveal rings of lacing on the glass. Ultimately, the head settles at one finger.
S: The hops here are rather spicy and piny, rather than (preferably) citrusy. All this hoppiness is hidden behind a ton of crystal malt - again, not my cup of tea. On the plus side, the nose has little in the way of booze.
T: Lots of sweet malt open the flavor profile, with notes of honey, caramel, and toffee. The hop profile here is a bit sneaky, building a mild piny tone on the finish and aftertaste. At the end of the day, though, it's not what I'd call hoppy by any stretch. Nor is it boozy. It doesn't really excite the taste buds, but I enjoy its balance.
M: It starts off with a medium body, but the mildly strong carbonation helps lighten it up some. The finish is dry and resiny; however, it's not overdone. This is quite easy to sip on due to the well-hidden booze and pleasant dryness.
O: It's pleasant and easy going, almost to a fault. I think this would be a good beginner DIPA due to its malty yet balanced nature and great price point. Still, it can't really compete with some of the readily available elites of the style. The booze comes out strongly when it warms up, so drink it colder.
04-27-2013 19:32:18 | More by ThisWangsChung
3.5/5 rDev -3.8%
04-26-2013 04:14:57 | More by oriolesfan4
New Jersey
3.75/5 rDev +3%
04-24-2013 03:58:58 | More by StonyB
3.5/5 rDev -3.8%
04-23-2013 14:29:06 | More by JakeDebus
3.75/5 rDev +3%
04-23-2013 01:02:13 | More by Ultra-Plinian
3.5/5 rDev -3.8%
04-13-2013 20:46:17 | More by JandJMD
3.75/5 rDev +3%
04-11-2013 05:48:12 | More by Hophead420
3.5/5 rDev -3.8%
04-07-2013 00:25:24 | More by grimey68
4.44/5 rDev +22%
Fortunately, I am told that this is to become a year round brew from Old Dominion.
This DIPA is a well balanced brew for a 10% ABV.
Poured into a pint glass, it had a slightly boozy aroma with a 2 finger head. For me, the beer got better as it warmed. The sweetness of the malts did not overshadow the bitterness of the hops. This brew will definitely be a permanent resident in my refrigerator.
04-04-2013 02:41:19 | More by ToughGuy
3.75/5 rDev +3%
04-02-2013 01:14:54 | More by whatname
Double D IPA from Old Dominion Brewing Company
82 out of 100 based on 294 ratings.


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Mishunn Coontrollz we rrrr attttt 9 gezzzzzz
ai iz on a verry importunt mishun!
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Looking to skip the lines at the movie theater and celebrate Valentine's Day with a good movie at home instead? No one says you have to watch some tired romcom or a dramatic Nicholas Sparks movie just to stay on theme. Over the years, cinema has given us some truly wonderful love stories, packaged in great movies that might not traditionally be billed as a romances.
The new owner of the rights to The Terminator, Annapurna Films, is so eager to get the franchise back on its feet that they want to put two new entries into production at the close of 2012. But if Annapurna Films is willing to halt production on the new films until Lin finishes The Fast and the Furious 6, he is willing to return to direct.
24 showrunner Howard Gordon conceived the idea with writer-director James Wong (Final Destination, The X-Files), and the duo has partnered with Alloy Entertainment to bring the concept both to the screen and to the page. You see, in addition to a film, 2084 is being developed into a three-book literary series.
It took almost 200 films and 27 years, but on Friday Danny Trejo will hit theaters in his first leading role: Machete. Though the actor has always been known as a total badass


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Many were seen grooving to the music as well and partying like there's no wasting time.
Many were seen grooving to the music as well and partying like there's no wasting time.
Many were seen grooving to the music as well and partying like there's no wasting time.
A-list pals Tom Cruise and David Beckham stunned regulars at The Cow pub in Notting Hill, London, as they enjoyed a casual drinking session on Monday (23.06.14).
Actress Liv Tyler is reportedly dating David Beckham's best friend Dave Gardner.
Squash stars Dipika Pallikal and Joshana Chinappa beat the mighty Malaysian pair of World No.1 Nicol David and Low Wee Wern at the CWG.
Actor JJ Murphy, who was about to join the cast of 'Game of Thrones' as Ser Denys Mallister has died at the age of 86, it has been revealed.
British PM David Cameron will be visiting Akashvani Bhavan on Thursday to give an interview.
Goa deputy chief minister Francis D'Souza on Friday offered his own take on his cabinet colleague and co-operation minister Pandurang Dhavalikar's comment on "Hindu rashtra." Said D'Souza, "India is a Hindu nation. There is no doubt about it. It is always a Hindu nation and it will always stay a Hindu nation. You don't have to create a Hindu nation."
DEI is going to start course in 3 D printing in Amritsar, Prof. Soami Pyara Satsangi.
King of the mountains leader Julian Arredondo won the 18th stage of the Giro d'Italia on Thursday as fellow Colombian Nairo Quintana held onto the overall race lead.
Stefano Pirazzi won the 17th stage of the Giro d'Italia on Wednesday, the first professional victory of his career, while Nairo Quintana retained the overall leader's pink jersey.
The 24 World Congress on Total Quality and Leadership by the Institute of Directors, and presentation of Golden Peacock Awards is underway at Thiruvananthapuram. Directors of a number of leading companies from both private and public sectors are participating in the two-day event, which kicked off Friday with Governor Sheila Dikshit presenting IOD fellowships for best performance in Public Service.
Telugu Desam candidate, G Sayanna won Secunderabad Cantonment assembly segment by defeating his nearest rival candidate and TRS candidate, Gajjela Kantham with 3,275 vote majority.
Telugu Desam party candidate, Talasani Srinivas Yadav won the Secunderabad assembly seat by defeat senior Congress leader and former chief minister son, Marri Shashidhar Reddy with a majority of 25,320 votes.
Integrated 3D mammography, also known as tomosynthesis, improves breast-cancer detection as it can reduce false positive recalls, say experts. Want to be a Journalist? Come to Times School of Journalism. Visit tcms.in
Devi Ahilya Vishwavidyalaya (DAVV) has received about 2500 applications till Wednesday, last date for submit application form, against 488 PhD seats vacant in different disciplines. Entrance test for PhD is scheduled for March 9.
NCP corporator Anita Tapkir has been elected as president of Zone D of Pimpri Chinchwad Municipal Corporation(PCMC) today.
New Inter Milan full-back Danilo D'Ambrosio revealed Tuesday he turned down a number of Italian clubs, including Serie A champions Juventus, to help get the Nerazzurri back on track.
The PhD entrance examination for admission to Calicut University Psychology department will be held at 10. 30 am on February 5 at the varsity department.
The PhD entrance examination for admission to Calicut University Mass Communication and Journalism department will be held at 10 30 am on February 5 at the department.
The PhD entrance examination for admission to Calicut University Mathematics department will be held at 10. 30 am on February 5 at the varsity department.


text:
The NBA free agency period is open and in full swing, which means we're going to be hearing lots of names be kicked around when it comes to possibly changing uniforms and when it comes to the Cleveland Cavaliers they're looking to find guys this offseason who want to not only change over to their uniform but make it more than something the clean the bar off with at the end of the night.
The Cavs brand is damaged goods, but there are ways for the team to improve which is what the front office is shooting for. One player that the Cavs think might help them next seaosn is Utah Jazz star Gordon Hayward and there have been reports all day that the team is ready to offer him a max offer sheet.
Adrian Wojnarowski from Yahoo! Sports hears otherwise though, reporting that the Jazz may scare the Cavs off from offering Hayward a max deal.
Cleveland's belief that Utah will match any Hayward offer sheet is strongly discouraging Cavs from extending one, league sources tell Yahoo.
— Adrian Wojnarowski (@WojYahooNBA) July 3, 2014
Hayward might not mind a max offer though, as it sounds like the Jazz would match it but the Cavaliers may skip the whole deal now knowing that their chances of landing Hayward are lower than they thought.
It was a bold idea, but the Cavaliers aren't a destination yet and they may not be able to lure in guys they want unless it's through restricted free agency like this situation is. Even still, nothing is a sure thing and the Cavaliers landing Hawyward is looking more and more unlikely.


text:
I hope for a green mountain short squeeze here.
The shorts went to bed the night before all smug with a job well done, and woke up to a 25point gap up in Feb.
It cost the shorts about a billion to cover.
Synergy should hold off on reporting good results until they have a buyer , and then announce it all at once, the good results and the merger. Shorts would be absolutely trapped.
would that make your day?
alkermes ALKS
sold at 28 now 48+/-
right now I hold HERO. under short attack for about a year but moved up this week on good volume.
The Zog at this price is an easy ten bagger in two years.
Hey, but how about that HERO?!!
With revs and profits going up and pps staying the same, we should be at a PE of 2 in a year.
The trajectory of civil liberties is the same whether dem or rep.
Ignore the TV and put real humans into office.
Had not thought of that angle, thanks.
I agree, a nice lift on below average volume. The manipulators will take it down tomorrow below 2.10 is my guess. Two steps forward, one step back. Works for me as long as we slog back to fair value. Goodbye July 5.0 calls I guess.
what a moron
I hope you reported for abuse first. Harassment or derogation.
Thanks for hanging in there.
Back when I was baffled as to why CRM, the social cloud darling, was not crashing, they announced a "new" contract for 160million[it was in fact old news re-announced]. Their market cap shot up three billion on the pumped news and Benioff sold another 100k shares..
Hero reports a half bil contract and their market cap increased several thousands dollars, maybe even a cool million. Wow.
Reason has nothing to do with market cap. There are so many good value plays out there now because of the efforts of shorty, I do not know which one to add.
How do they make money shorting into such tailwinds?
I wonder. It is hard to believe they are so low in sales. One pharmacy has filled ten scripts by themselves in one month. I think we need an insider at Alkermes who can tell us how many production runs there have been..
Yup, done it two months ago even before she turned to the dark side.
And even at that the manipulators can break the pattern any time they want.
Sent out my votes too, must be a {bad} dream.
Wow my check did not clear the broker until today, I get 5% more shares than if I had bought yesterday.
Deprive shorty.
it seems there is no real response.
Look again but this time open your eyes.


text: 14-year-old Blake Lindquist's dance at a recent Celtics game has gone viral online. More than 150,000 people have watched him freestyle dancing before Monday's game after it was picked up by NBA-TV. The eighth-grader from Londonderry said he was just trying to get on the Jumbotron but has since been featured in national sportscasts.


text:
She just acts like it
Submitted by The Granger on Fri, 11/08/2013 - 10:47. Permalink
911 Commission Report is BS and we all know that.. I have my conspiracy ideas and they are not 911 Truth's. I'd LOVE to have a real 911 debate but those seem to be stuck between those who believe the buildings came down by Islam or Jews.
So what I'm not a fan of Abby and don't find this vid doing her any favors, I'm not a fan of Starbucks and don't see them going out of business anytime soon..
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Aprilia is getting serious with its sport bike offerings here in the United States, as we just got an email from Aprilia USA announcing massive price reductions on its 2012 model year Aprilia Tuono V4 R, Aprilia RSV4 R APRC, and Aprilia RSV4 Factory APRC, to the tune of $2,000, $3,000, and $4,000 respectively. That's right, you can get a Tuono V4 R for $12,999, an RSV4 R APRC for $13,999, and an RSV4 Factory APRC for $18,999 MSRP. Boom goes the dynamite.
Helping commemorate Max Biaggi's 2012 World Superbike Championship victory, Aprilia USA has commissioned a limited production run motorcycle: the 2013 Aprilia RSV4 Factory APRC ABS SBK Special Edition — a model featuring a subtle graphics kit revision that will only come to the North American market.
Sporting the same features and refinements as the 2013 Aprilia RSV4 Factory APRC ABS, owners of the SBK Special Edition will also enjoy the new three-level dual-channel ABS system from Bosch, as well as the Brembo M430 calipers.
The Aprilia RSV4 Factory APRC ABS SBK Special Edition also has the same chassis and engine enhancements as the 2013 APRC model, which brings the sporty V4 to 181.4 hp at the crank and 86.3 lbs•ft of peak torque @ 10,500 rpm.
If you can distinguish it from the regular model, expect to see the Aprilia RSV4 Factory APRC ABS SBK Special Edition on dealership floors in April, with pricing announced on February 1st (next week).
After getting dumped by Ducati Corse, which will be running its own factory team, Althea Racing has made the unsurprising switch to Aprilia hardware for lone rider Davide Giugliano, as they gear up for the 2013 World Superbike Championship season.
A top team in the WSBK paddock, Althea has potent prospects for next season with the Aprilia RSV4 Factory, especially as Giugliano continues to gain experience in World Superbike. This announcement brings the total to four Aprilia machines on the 2013 grid: the two factory bikes of Eugene Laverty and Sylvain Guintoli, as well as Red Devils Roma's entry with Michel Fabrizio.
It has been no big secret that Sylvain Guintoli is riding with Aprilia Racing at the World Superbike test at Jerez this week, in what surely has been an audition for the Frenchman on the Italian team. Coming off a tumultuous season with the Effenbert Liberty Racing team, Guintoli backed out of a contract deal with Crescent Suzuki to take a stab with Aprilia's factory squad — a move that has seemingly paid off for Guinters.
We already told you last month that the 2013 Aprilia RSV4 would get a bevy of revisions, not to mention the inclusion of ABS brakes…yet for some reason we had to wait until today to tell you that information again. Yes, it is completely bizarre yet completely normal situation to encounter when dealing with Italians, and especially so with the Noale company. Honestly, it is just one of the perks of working in the motorcycle industry, or not in it, as American Honda seems to think.
What is perhaps more newsworthy than these thinly veiled rants are these first photos of the Aprilia RSV4 R ABS in matte black, which is drop dead sexy in any language. Aprilia is keen to remind us that the RSV4 topped many of the superbike shootouts this year, besting machines like the Ducati 1199 Panigale and BMW S1000RR (we'd be keen to try an RSV4 Factory against the new BMW HP4 though).
Selling the RSV4 has never been a problem of product for Aprilia. The RSV4 is superb, and in its second year of racing, Max Biaggi took it to win the World Superbike Championship. The Roman Emperor repeated that feat again this year, though we doubt it will move that many more units in North America for Aprilia, which sells RSV4′s by the hundreds, not the thousands, in the largest sport bike market worldwide.
If there was ever a brand you wanted to see get its act together, Aprilia, and the Piaggio Group as whole, has to be it. Until that happens though, we will have to view the photos after the jump with a taste of foreboding. Like Eve's apple, Pandora's box, and Lindsay Lohan's driving, the treat is tantalizing, though the headache is probably not worth it. Le sigh.
Leaked well ahead of the EICMA show, we can now officially talk to you about the 2013 Aprilia Caponord 1200, Noale's adventure-tourer. Using the chassis from the Aprilia Dorsoduro 1200 as its basis, Aprilia says it has modified the "robust" chassis to suit the Caponord 1200′s raison d'être, though you would be hard pressed to get a weight figure from the company.
Inside that presumably hefty chassis is a 128hp 1197cc v-twin motor with 85 lbs•ft of peak torque, which isn't going to blow the doors off on any spec sheet comparisons. Instead, Aprilia is hoping to entice would-be Caponord 1200 owners with the bike's bevy of electronics.
True to speculation, Max Biaggi's media presentation today announced the retirement of the reigning World Superbike Champion, at the ripe age of 41. A six-time World Champion, Biaggi's latest stars to his leathers have come from his involvement in the factory Aprilia Racing team in WSBK, with the other four stars coming from his consecutive 250GP World Championships.
Winning his crown by half a point, in what will surely be the narrowest margin ever in World Superbike history, Biaggi's last season went right down to the wire until the end of the season at Portimao, as the Roman Emperor had to fend off strong contentions from both Tom Sykes and Macro Melandri throughout the 2012 Championship.
"It 's been the longest night, but I'm happy to leave now. I do not want to be like politicians attached to the chair. I thought about it a lot, I said to myself continuous 1 or 2 years or I stop? And I decided to leave now," said Biaggi during his announcement at Vallelunga, the circuit where he started his racing career.
Fresh off the heels of him wining the 2012 World Superbike Championship, question marks surround Max Biaggi — will he stay with Aprilia for another season and defend his title? Or, will he end his motorcycle racing career on a high, having just collected his sixth world title?
The crystal ball on this subject is uncertain. Though still not re-signed with the factory Aprilia squad for the next World Superbike Championship season, Biaggi did take part in the latest WSBK test at Aragon, which certainly lead to some believing the Roman Emperor would race for at least another season.
Some more controversy is brooding for World Superbike rider Sylvain Guintoli, as Paul Denning and the FIXI Crescent Suzuki have slammed the British-living French-born rider for backing out of his 2013 commitments with the team. Issuing a statement to the press, Crescent Suzuki states that Guintoli and the team came to a "full and final agreement" at Magny-Cours, which was singed by the Frenchman.
According to Crescent Suzuki, Guinters made significant steps with the team to test at Aragaon starting today, but since that agreement, Guintoli has informed the team that he has to back out of his testing obligation in order to consider a new offer from a rival team. That rival team is heavily rumored to be Aprilia Racing, which may be scrambling to find a replacement rider for the still undecided Max Biaggi, the now-current World Superbike Champion.
For devout WSBK fans, the statements from FIXI Crescent Suzuki sound similar to those made by Liberty Racing, when the Czech team let Guintoli go mid-season, citing a number of reasons, including the Frenchman's on-track results. Starting strong early on, Liberty Racing's swan song started at Monza, and ultimately saw the team release its riders one-by-one, before finally missing the last race at Magny-Cours altogether.
For added Drama Llama, the press statement from FIXI Crescent Suzuki and Paul Denning is after the jump.
Even before I met Max Biaggi in 2011, I had the sense that here was someone who takes himself and his racing pretty seriously. From the immaculately trimmed facial hair, to his manner in the pit box, to his long career as a motorcycle racer, if there is anything he takes lightly, it is certainly not racing.
Some riders are approachable, quick to smile, who naturally put others at ease even on race weekends. Biaggi is not among this group. But I didn't appreciate just how intense he is when he's at work until, as one of my contributions to benefit Riders for Health, I decided to ask him to sign a print I was donating at last year's Miller WSBK round.
I had brought a matted print of Biaggi from 2010 with me, and as I approached the track on Saturday morning I considered that it would likely fetch a higher price, and thus a greater donation to Riders for Health, if it bore Max's signature. So I set about getting that done with no idea how easy or difficult it might be.
First I approached the Aprilia media officer, a pleasant fellow who worked with me, half in Italian and half in English, to come up with a plan to approach his star rider. He suggested we talk to someone in the pit box, someone who knew Max better than he did in his recently acquired role with the team.
We descended into the Aprilia garage and found someone whose exact role I never understood, but who also liked the idea of doing something for Riders for Health. He did not, however, care to be the one to bring it directly to Max. The three of us considered the situation and appealed to one of the senior mechanics, who gave us a sympathetic look and said in gestures instead of words that he wanted no part of the business.
We stood to the side of the box, waiting for inspiration, and I wondered if the plan were doomed. Max spoke to mechanics as if discussing matters of life and death. Team members approached him respectfully, presented their concerns for his comment, and left him alone. In some garages the guys joke and there is music in the business of racing motorbikes. In Max's garage, it's more like a war room, its business deadly serious.


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Catalogue Number: 213-8881
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Product Details
This Rolson million candle torch provides you with a source of portable lighting for when you are working on a job where you need extra light. The Rolson is a powerful spotlight with a halogen bulb and lens system that gives you 100,000,000 candles thanks to an 82mm lens. This plastic lantern torch comes in a black and silver coloured, aluminium case and features a rubber, pistol grip handle with an on off trigger that can be locked for safety. A rubberised lens protector prevents damage occurring to the lens. The Rolson million candle torch comes with a 6V-4Ah rechargeable lead acid battery, and one full, 10-15 hour charge using the included 12V DC charger or 230V 50Hz adaptor, provides you with 30 minutes of continuous operation. After you have finished using the torch, you can hang it up from the built-in lanyard.
Product specifications
Product specifications
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|1.25 Kilogram


text:
The Hannah Montana star, 16, was among a long list of celebrities who logged on to the site to post minute-by-minute updates on their thoughts and whereabouts.
Cyrus posted a final message on Wednesday reportedly referencing her rumored romance with Liam Hemsworth -- her co-star in upcoming film The Last Song.
She wrote: "FYI Liam doesn't have a Twitter and he wants ME to delete mine with good reason."
Cyrus did not elaborate before deleting the page -- prompting fans to unite in a bid to convince her to return.
As WENN went to press, fan page #mileycomeback had earned the No. 1 spot among Twitter's trending topics.
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Obama asks Congress for US$3.7b to stem Central American migrant flood
Posted Jul 09th 2014, 04:17am by BLOOM
... Bloomberg in Washington Obama asks for US$3.7b to stem immigrant flood US President Barack Obama asked Congress for an emergency US$3.7 billion to contain the surge of illegal Central ... for president in 2016, has sparred with Obama over Central American migrants entering the US at the south Texas border. More than 52,000 unaccompanied children were held at the US-Mexico border from ...http://www.scmp.com/news/world/article/1550014/obama-asks-congress-us37b-stem-central-american-migrant-flood
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