Brushing Aside the Rule of Law
July 27, 2013
By Paul R. Pillar
I have spent much time around government lawyers, and nearly all of the ones I have known have consistently conducted themselves with a couple of important objectives in mind. One is to apply legal analysis fully and fairly to whatever subject is at hand, not shying away from noting legal requirements even when they become policy inconveniences. Another is to support the larger missions of those they are advising by pointing out legal ways, if they exist, to accomplish those missions.
Against that background it is disconcerting to read that the issue of the most recent Egyptian military coup and its ramifications for U.S. aid is being side-stepped in Washington by just not offering any legal opinion about the nature of the Egyptian generals’ move. A senior administration official said, “We will not say it was a coup, we will not say it was not a coup, we will just not say.”
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