Closing Down Guantanamo

February 23, 2016

I have always limited posting here to government contracting issues. I am about to violate that self-imposed limitation, doing it on a subject about which I am definitely not an expert. That is probably dangerous thing to do in the blogosphere, but taking a risk now and then keeps life interesting. These ruminations are prompted by an article in Vox.com about the legality of the Berghdahl prisoner swap, today’s satire from Borowitz, and my pondering whether there was any possible way President Obama could complete his 2008 pledge to shut down Guantanamo. And now, in a spasm of synchronicity, President Obama has launched today another effort to close Guantanamo; however, the President’s proposal would require congressional approval and we know how likely that is to happen in an election year. I’m thinking about a way to close Guantanamo down without congressional approval. So here goes, my flagrantly Machiavellian, blatantly textualist way to get this done. Read the rest of this entry »

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Government Oral Assurances

February 6, 2016

In a recent episode of the epic legal soap opera, Suits, an Assistant DA and the show’s protagonist reached an oral agreement that the Assistant DA later reneged on. This reminded me of the general proposition in the world of government contracts that, to coin a phrase, oral agreements are worth the paper they’re written on. A few years back, my opposition in a bid protest ran into this truism. Read the rest of this entry »