Opinion
Ostriches on the runway
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Dominic LeBlanc says it’s time to rise above partisanship. Watch the skies
“The protection of our democracy demands that we rise above partisanship,” Dominic LeBlanc told reporters Saturday morning in the lobby of the West Block’s backup House of Commons. “Canada isn’t the only country facing the threat of foreign interference. Many of our allies are, even now, having discussions on ways to protect their democracies against this scourge. If they can have reasoned and constructive discussions on this subject, Canada should be able to do the same. That’s why the prime minister tasked me [on Friday] with consulting, over the coming days, experts, legal scholars and opposition parties on what the next steps should look like — and determine who best may be suited to lead this public work.”
You can tell the Trudeau government is really badly rattled when it starts doing what it should have done in the first place. “Consulting experts, legal scholars and opposition parties” was an option in March, when Trudeau decided instead to lay the foundation for Friday’s debacle. Talking to people — in the old-fashioned sense of (a) showing the slightest interest in what they have to say and (b) allowing it to inflect your actions in any perceptible way — is always an option. Nor is it in any danger of getting worn out through overuse, where this government is concerned.
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“It’s our government’s hope that the opposition parties will treat this issue with the seriousness it deserves,” said LeBlanc, whose boss ignored a string of reports from the National Security and Intelligence Committee of Parliamentarians and whose early-warning system for news of Beijing’s intimidation against a sitting MP was named Fife and Chase.
LeBlanc opened the floor to questions. The first: Shouldn’t there be a public inquiry? “A public inquiry has never been off the table,” he said. “All options remain on the table.” This was change masquerading as continuity. Johnston took a public inquiry off the table three weeks ago. Trudeau accepted the un-tabling. By putting it back on the table, LeBlanc was bowing to what may be the inevitable conclusion of the last few days: that the opposition parties, by adapting a common line in favour of a full inquiry, may have made one inevitable.
Another characteristic of this government is that it views its tribulations as tests of other people. The short odyssey of David Johnston, in other words, is a learning opportunity for us all. “My job,” LeBlanc said, “is to, in the very next few days, in short order, ask opposition leaders to take this matter seriously. Not just to simply say, ‘Oh, there has to be a public inquiry.’ OK: Make suggestions about who could lead this public inquiry. What would the terms of reference be? What do they see as the timelines? How do they deal with the obvious challenge of respecting Canadian law that protects some of the most sensitive intelligence information?”
I should say I take LeBlanc at his word when he claims to be seeking input in good faith. As a general rule, his arrival tends to mark an improvement in this government’s handling of a difficult file. But just to be on the safe side, it’s worth saying some obvious things clearly.
The opposition parties should give input when asked. It’s useful for each of them to go through the exercise of conceiving in detail the proper handling of the election-interference file. And it’s good of the government to ask, albeit way later than it should have.
But everything LeBlanc plans to ask them — whether to have an inquiry, who should lead it, its mandate and deadlines and legal justification — remains the responsibility of the government. If the opposition parties chicken out, or play dumb games, or deadlock, or suggest people who decline to participate, the responsibility for designing a workable policy remains the government’s. I’m pretty sure Trudeau volunteered for the job of prime minister. In fact I’m sure there was something in the papers about it. He is in this fix now because he wanted Johnston to make his decisions for him. As I wrote nearly three months ago.
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LeBlanc kept saying an inquiry should be run by someone “eminent.” I mean…sure? Whatever? I suppose eminence shouldn’t be actively disqualifying, at least. But to me the craving for eminence is a strange instinct. Eminence is distinctly relative: I suspect more than half of Canadians could never, at any point, have told you who David Johnston is, or Julie Payette, or Craig Kielburger. I’ve come to suspect that “eminent” translates as “impressive to Katie Telford,” which is fine but, again, an odd criterion. Instead may I propose “competent”?
When I wrote about Johnston’s appointment in March, I a suggested a few alternative candidates for the job of deciding how to respond to the mandate for which I already thought Johnston was ill-suited. My list was concocted at random on a few minutes’ notice, with varying degrees of enthusiasm, purely for illustrative purposes. I could come up with a dozen other names, and I don’t even know what I’m talking about. If I were burdened in LeBlanc’s place with such a task, I’d begin by asking for a list of associate deputy ministers at the departments of Global Affairs and Justice, as well as a list of currently serving and recently retired ambassadors. Probably the guy who used to be the national director of the Liberal Party of Canada would be a bad idea, I guess I need to add.
I also might do some reading. I’d recall that when the lawyer Kenneth Feinberg was brought in to decide compensation for families of the 9/11 victims in the U.S., he couldn’t have been further from a household name. When James B. Donovan got Francis Gary Powers released by the Soviets, or Jean Monnet invented the European Union, or Elissa Golberg became Canada’s first civilian representative in Kandahar, they weren’t household names. They still aren’t. They were just good at their work. You know that uncomfortable suspicion that Canada is just six pals from the McGill alumni club who gather every Friday to carve up the spoils of elite consensus over pitchers of iced tea on the verandah of the Royal Ottawa Golf Club? The first step toward perpetuating that suspicion is the urge to find “eminent” people for technical work.
The title of today’s post is cryptic. When LeBlanc said our democracy depends on rising above partisanship, I thought, Uh-oh, and I started thinking about objects or creatures that don’t normally rise above much. Which led to a mental image of ostriches trying to fly. I actually have seen non-partisanship, many times, including from some of the most partisan operators in Canadian politics. But I still wouldn’t bet on it happening in any particular case. The incentives run all the other way. To insulate against it, politicians might want to read the latest from Alliance Canada Hong Kong, the diaspora group that has been chronicling foreign interference for years, for whom the issue is not a fun partisan football and the prospect of testifying yet again, to educate some eminent commissioner, is not appealing.
I keep saying the under-served constituency in this country is the people who would like to see serious problems treated seriously. Not in the sense of cheap theatrics — furrowed brows, jabby index fingers, “my time is limited” — but in the sense of, you know, seriousness. It feels cheap to lodge such a complaint. It’s too easy, too timeless. OK, smartass, what are you proposing? I dunno, more, uh…. seriousness, I guess. But I think everyone senses it.
Last September, the CBC’s Aaron Wherry reported, Justin Trudeau told his caucus “to focus on four Cs: competence, confidence, contrast and campaign-readiness (in that order).” I’m left wondering how the prime minister defines competence and how he thinks he’s doing. This is a guy who, when he made those remarks, was less than a year past deciding that the biggest problem with his cabinet was that Marc Garneau was in it.
Meanwhile, I checked with Pierre Poilievre’s Twitter account to see whether he had responded to LeBlanc’s overture. Here’s how the Conservative leader spent his Friday afternoon:
I sometimes wonder whether these people know we can see them. It’s time to rise above partisanship. Flap, you big gorgeous birds! Flap!
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Daily Caller
ALAN DERSHOWITZ: Can Trump Legally Send Troops Into Our Cities? The Answer Is ‘Wishy-Washy’

From the Daily Caller News Foundation
If I were still teaching a course on constitutional law, I would use President Donald Trump’s decision to send troops into cities as a classic example of an issue whose resolution is unpredictable. There are arguments on both sides, many of which are fact-specific and depend on constantly changing circumstances.
A few conclusions are fairly clear:
First, under Article 2 of the U.S. Constitution, the president clearly has the authority to send federal law enforcement officials to protect federal buildings or federal officials from danger. Moreover, the president gets to decide, subject to limited judicial review, whether such dangers exist. State and city officials cannot interfere with the proper exercise of such federal authority.
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Second, and equally clear, is that if there is no federal interest that requires protection, the president has no authority to intrude on purely local matters, such as street crime. The 10th Amendment and various statutes leave local law enforcement entirely in the hands of the states.
Third, the president has greater authority over Washington, DC, even with the District of Columbia Home Rule Act of 1973, than he does over other cities.
Fourth, there are limited situations in which the president has authority, even if there is no direct federal interest in protecting a federal building or authorities. One such instance is an “insurrection.”
Yet the law is unclear as to a) the definition of an insurrection; b) who gets to decide whether an insurrection, however defined, is ongoing; and c) what is the proper role of the judiciary in reviewing a presidential decision that an insurrection is occurring.
The same is true of an invasion. This is somewhat easier to define, but there will be close cases, such as a dictator sending hordes of illegal immigrants to destabilize a nation.
How Do We Legally Define What’s Happening Now?
In a democracy, especially one with a system of checks and balances and a division of power such as ours, the question almost always comes down to who gets to decide? Our legal system recognizes the possibility ‒ indeed, the likelihood ‒ that whoever gets to make that decision may get it wrong.
So the issue becomes: Who has the right to be wrong? In most democracies, especially those with unitary parliamentary systems, the right to be wrong belongs to the elected branch of government ‒ namely, the legislature. At the federal level, that’s Congress, under Article 1 of the Constitution.
However, since the Supreme Court’s decision in Marbury v. Madison in 1803, all legislative decisions are subject to constitutional judicial review. Even a majority of the voters or their legislators are not empowered to violate the Constitution.
And if the Constitution is unclear, ambiguous or even inconsistent? I have a cartoon hanging in my office showing one of the framers saying to the others: “Just for fun, let’s make what is or isn’t constitutional kind of wishy-washy.”
Well, on the issue of presidential power to send troops into cities over the objection of local politicians, the Constitution is kind of “wishy-washy.” To paraphrase former Supreme Court Justice Potter Stewart, when he discussed hardcore pornography: “Perhaps I could never succeed in intelligibly (defining it), but I know it when I see it.”
The same may be said of an insurrection. It’s hard to define in advance with any degree of precision except at the extremes, but not so difficult to identify if one sees it.
The Legal Endgame Here Isn’t Clear, Either
The Civil War was an insurrection. Anti-Israel protests on campuses were not. But what about the violence in cities like Portland, where left-wing protesters burned cars and buildings and blocked access in 2024?
Some of these groups would love nothing more than to incite an insurrection, but they lack the power, at least at the moment, to garner sufficient support for anything broader than a violent demonstration or riot.
Does the president have to wait until these quixotic “insurrectionists” have garnered such support? Or can he take preventive steps that include sending in federal law enforcement officials? What about federal troops? Is that different?
These questions will eventually make their way to the Supreme Court, which is likely to try to defer broadly based and categorical answer as long as possible. In the meantime, district judges in cities across the country will rule against the president, except in cases involving protection of federal buildings, federal officials and the nation’s capital.
The president will appeal, and the appellate courts will likely split, depending on the particular circumstances of the cases.
“Wishy-washy” and “we’ll know it when we see it” are the best we are going to get in this complex situation.
Alan Dershowitz is professor emeritus at Harvard Law School and the author of “Get Trump,” “Guilt by Accusation” and “The Price of Principle.” This piece is republished from the Alan Dershowitz Newsletter.
Daily Caller
Democrats Explicitly Tell Spy Agencies, Military To Disobey Trump

From the Daily Caller News Foundation
Democratic Michigan Sen. Elissa Slotkin posted a video to social media Tuesday morning in which she and five of her congressional colleagues called for the military and the intelligence community to “stand up” to President Donald Trump’s administration.
The half-dozen Democratic lawmakers who took part in the video titled, “Don’t give up the ship,” had all served as military or intelligence officers. In her X post of the video, Slotkin stated the lawmakers seek to “directly” tell service members and intelligence personnel that the “American people need you to stand up for our laws and our Constitution.”
“We know you are under enormous stress and pressure right now,” Slotkin, a former CIA officer, said in the video she appeared in alongside Democratic Arizona Sen. Mark Kelly, Democratic Pennsylvania Reps. Chris Deluzio and Chrissy Houlahan, Democratic New Hampshire Rep. Maggie Goodlander and Democratic Colorado Rep. Jason Crow.
“Americans trust their military,” said Houlahan, a former Air Force officer.
“But that trust is at risk,” added Deluzio, a former officer in the Navy.
“This administration is pitting our uniformed military and intelligence community professionals against American citizens,” Kelly, a former Navy officer, said in tandem with Crow, a former Army officer, and Slotkin.
WATCH:
“Our laws are clear. You can refuse illegal orders. You can refuse illegal orders. You must refuse illegal orders,” Kelly, Slotkin and Deluzio said later in the video.
“Like us, you all swore an oath to protect and defend this Constitution,” Kelly and Goodlander, a former naval intelligence officer who is married to Biden-era former national security adviser Jake Sullivan, charged military and intelligence personnel.
Deluzio and Crow claimed that “threats to our Constitution aren’t just coming from abroad, but from right here at home.”
The lawmakers added that they know that what they are urging is “hard” and that “it is a difficult time to be a public servant.”
“But whether you are serving in the CIA, the Army, our Navy, the Air Force, your vigilance is critical. And know that we have your back,” they continued, alternating lines. “Because now more than ever, the American people need you. We need you to stand up for our laws, our Constitution, and who we are as Americans.”
“Don’t give up, don’t give up, don’t give up, don’t give up the ship,” the Democrats concluded.
Article II, Section 2 of the Constitution states that the president is the commander-in-chief of the armed forces. The president is also in charge of intelligence agencies such as the FBI and CIA, by virtue of being head of the Executive Branch of the federal government — a responsibility laid out in Article II, Section 1.
“Don’t give up the ship” is a common phrase that dates back to the War of 1812 and were the last words uttered by Navy Captain James Lawrence before he succumbed to his gunshot wound on the USS Chesapeake.
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