Balkinization provides a copy of the 1980 Office of Legal Counsel Opinion (PDF) on the constitutionality of the War Powers Act. Jack Balkin notes this passage:

We agree that the term "hostilities" should not be read necessarily to include sporadic military or paramilitary attacks on our armed forces stationed abroad.[. . . W]e also believe that as a general matter the presence of our armed forces in a foreign country whose government comes under attack by "guerrilla" operations would not trigger the reporting provisions of the War Powers Resolution unless our armed forces were assigned to "command, coordinate, participate in the movement of, or accompany" the forces of the host government in operations against such guerrilla operations. 16 50 U.S.C. § 1547(c).

[. . .] The structure and thrust of those provisions is the "introduction" of our armed forces into such a situation and not the fact that those forces may be engaged in hostilities. It seems fair to read "introduction" to require an active decision to place forces in a hostile situation rather than their simply acting in self-defense.

(Emphasis supplied.) Obviously, it was the Obama Administration that introduced US military power into Libya. This was no act of self defense. It is beyond debate, in my view, that the 1980 OLC opinion conflicts with the Obama Administration argument that the United States is not engaged in "hostilities" covered by the WPA. More . . .

In the continuing saga of the DEA vs. Aspen, Pitkin County Sheriff Joe DiSalvo says he did nothing out of the ordinary by stopping by a 65th birthday party for a long-time Aspen resident who had a pending drug charge. The party was at a local hotel. He stayed 15 minutes and didn't even have a drink. In the wake of criticism of his decision to attend the party, and whether it was a mistake, he said yesterday:

“Well, it’s hard for me to say anything else but ‘of course’ now, looking back. But in the day-to-day life of the way I’ve been for the last 30 years in Aspen, it just seems like another thing that I do. It just seems like another type of [a] day in the life of an Aspenite, and maybe even the Pitkin County sheriff. At least for the last 40 years.”

After reiterating that the majority of the Aspen community is opposed to undercover drug operations, and that they pose a safety risk, he addresses the war on drugs: [More...]

Atrios says yes:

I really don't know why Greek leaders aren't telling the EU to suck on it. They're actually the ones who seem to be holding the cards, but they just don't realize it. Or pretend not to.

The EU seems to believe the alternative to Austerity Now! for Greece is worse:

The EU's economic and monetary affairs commissioner Olli Rehn said he was "certain that Greece will be able to take the decisions needed because the alternative is so much worse".

Not knowing the specifics, I can't say, but it seems to me the Euro-types have more to lose than Greece, who probably needs out of the Euro anyway. Last November, we had a similar discussion regarding Ireland. I think the Argentina model is worth studying here.

Speaking for me only

We'll post something interesting today.

Open thread.

Travel day for me. Maybe posting tonight.

Open Thread.

I hope everyone enjoyed Father's Day.

It's down to the wire for the gay marriage vote in New York. Reuters says the bill is one vote short in the senate. If passed, New York would join Massachusetts, Connecticut, Iowa, New Hampshire, Vermont and the District of Columbia in allowing gay marriage. 39 states ban it and 4 states recognize civil unions.

On TV: The season finale of AMC's The Killing. I liked the show a lot, even though I thought it got bogged down at times. It's been renewed for another season.

On the grill: Apricot-glazed scallops and corn on the cob.

This is an open thread, all topics welcome.

Defense Secretary Robert Gates shares his thoughts on the U.S. and war in an interview Friday:

“If we were about to be attacked or had been attacked or something happened that threatened a vital U.S. national interest, I would be the first in line to say, ‘Let’s go,’ ” Mr. Gates said. “I will always be an advocate in terms of wars of necessity. I am just much more cautious on wars of choice.”

He also had some thoughts on how to make it Washington, particularly when, as he did, you have to serve under different Presidents from different parties: [More...]

Sad news: Legendary saxophonist, Clarence Clemons, who delighted everyone at Bruce Springsteen and the E Street Band concerts for decades, has passed away at 69, following complications from a stroke suffered a week ago.

He was always one of the highlights of the concerts for me. When he started playing, everything seemed to kick up a notch. This clip is from Hyde Park in London in 2009. Clarence comes in around the two minute mark.

R.I.P. Clarence.

India has released the world's oldest prison inmate, Brij Bihari Pandey, a Hindu Priest who began serving a life sentence for murder at 84.

He is now 108. He can't walk so his relatives carried him from the prison. But he had a broad smile, and hugged his fellow inmates goodbye, as he was presented with a wreath. He said,

God is great. Thank you."

India said his medical care was becoming too costly, so they freed him on humanitarian grounds. What a great Fathers Day gift for his children and grandchildren.

Rep. Ron Wyden and others have introduced the Geolocation Privacy and Surveillance Act (H.R. 2168, available here) requiring cops to get a warrant based on probable cause to track your location via your cell phone or other device.

The ACLU explains:

The danger that unregulated location tracking poses to American’s privacy is real, immediate and universal. Because of the prevalence of mobile phones in modern society, every American is carrying a portable tracking device, one that can be used to reveal their current and past location. These devices store our every move. Whether it is a visit to a therapist or liquor store, church or gun range, many individuals’ locations will be available either in real time or months later.

Because of the sensitivity and invasiveness of these records, law enforcement agents should always be required to obtain a warrant and show probable cause, no matter the technology employed or the age of the records.

The bill needs additional sponsors, so please contact your Representatives in Congress and ask them to sign on. [More...]

Five inmates testified in for Amanda Knox today at an appeals court hearing in Italy.

Prosecutors are doing everything they can to say these witnesses are hardened criminals who can't be trusted.

Whatever happened to "what's good for the goose is good for the gander?" Prosecutors never say that when they call criminals as snitches to prove someone guilty. Then they say things like "you have to lay down with dogs to catch the fleas" or that the criminal may be a bad person but he's telling the jury the truth. [More...]

The Florida Gators start their College World Series campaign today. Go Gators!