Free Republic

"'Sort of a knee jerk reflex to say, ‘lets go to international institutions’ when an American criminal justice system and American military justice system is perfectly capable of rendering justice, very nicely thank you, to me makes no sense.'" - David Rivkin on bin Laden & international crimes.

Ever since the War Powers Resolution became law, presidents have made clear that — whatever its reporting requirements may be — it does not and cannot limit their constitutional authority as chief executive and commander in chief to commit U.S. forces into armed conflicts around the world. Indeed, although numerous reports have been made to Congress after the deployment of U.S. troops, no president has accepted that the War Powers Resolution governs each and every use of American military force, or that it requires any specific congressional authorization before the president can send U.S. forces into harm’s way or can...

Former White House lawyer David B. Rivkin, Jr. is often asked to explain the actions of presidents in constitutional terms. On June 20, 2011, he appeared as a guest on the Laura Ingraham radio show to discuss the whether President Obama had exceeded his authority in the Libyan operation by not seeking congressional approval. Rivkin noted that the War Powers Act of 1973 had been deemed unconstitutional by presidents from both parties, so while Obama had the right not to comply with the act, that did not excuse his handling of the controversial situation. “It’s a badly executed war. The...

Did Obama Overstep In Libya? Noted Lawyer David Rivkin Has Answer International law expert to host Federalist Society teleforum on Libyan debate Published on June 21, 2011 by Brent Baldwin (OfficialWire) WASHINGTON, D.C. (USA) OfficialWire PR News Bureau 1 Constitutional lawyer David Rivkin Former White House lawyer, David B. Rivkin, Jr. has written extensively about the powers granted to presidents by the U.S. Constitution. Rivkin, the lawyer who successfully initiated the constitutional debate on the 2010 Affordable Care Act (“ObamaCare”), has achieved renown as one of the nation’s “staunchest defenders of the Constitution.” His legal opinions stem not from a...

Former White House lawyer, David B. Rivkin, Jr. is having quite a run. On the heels of his national success planning and leading the lawsuit by 26 plaintiff states challenging the constitutionality of the Affordable Care Act, Rivkin is being honored as one of the best law firm writers in America. The prestigious 2011 Burton Award for Legal Achievement has been awarded to Rivkin for his Washington Post article, “Why the ‘Don’t Ask, Don’t Tell’ Policy is Doomed,” which ran in the Feb. 13, 2010 edition. The article, written by Rivkin and his Baker Hostetler law colleague Lee A. Casey,...

Former White House lawyer, David B. Rivkin, Jr. is having quite a run. On the heels of his national success planning and leading the lawsuit by 26 plaintiff states challenging the constitutionality of the Affordable Care Act, Rivkin is being honored as one of the best law firm writers in America. The prestigious 2011 Burton Award for Legal Achievement has been awarded to Rivkin for his Washington Post article, “Why the ‘Don’t Ask, Don’t Tell’ Policy is Doomed,” which ran in the Feb. 13, 2010 edition. The article, written by Rivkin and his Baker Hostetler law colleague Lee A. Casey,...

Former White House lawyer, David B. Rivkin, Jr. is having quite a run. On the heels of his national success planning and leading the lawsuit by 26 plaintiff states challenging the constitutionality of the Affordable Care Act, Rivkin is being honored as one of the best law firm writers in America. The prestigious 2011 Burton Award for Legal Achievement has been awarded to Rivkin for his Washington Post article, “Why the ‘Don’t Ask, Don’t Tell’ Policy is Doomed,” which ran in the Feb. 13, 2010 edition. The article, written by Rivkin and his Baker Hostetler law colleague Lee A. Casey,...

Former White House lawyer, David B. Rivkin, Jr., who is often ahead of the curve in matters of conservative strategy, addressed the country’s runaway debt problem in a May 12 editorial written for The Wall Street Journal. The article, written by Rivkin and law colleague Lee Casey, specifically points to Section Four of the 14th Amendment, which forbids any default on the outstanding federal debt. “Section Four can become a powerful hammer for the budget hawks if Congress simply reclaims its constitutional pre-eminence in the borrowing process,” the piece argued. Rivkin then pointed out that the 14th Amendment forbids dishonoring...

While politicians are still talking about restoring civility, liberal thugs are waging an all out attack on the website of David Rivkin, lead counsel in the multi-state lawsuit against Obamacare, rather than engage in a civilized debate that they can’t win.

...Today, government lawyers will ask a federal appeals court in Washington to reverse a November ruling that found the Geneva Convention protects prisoners held at Guantanamo and ordered an immediate halt to military commission proceedings against detainees because they didn't comply with the treaty.... The records make it clear that after World War II, U.S. military prosecutors and judges set out to establish a precedent barring any prisoner mistreatment, by aggressively pursuing and punishing even comparatively small offenses. ..."Extreme brutality or serious injury to the victim is not a necessary element" for guilt.... Historically, such "unlawful" combatants "not only would...