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Remember Cramdown?

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emptywheel
Remember cramdown? It was a proposed change to bankruptcy law that would have allowed judges to modify the mortgages on primary homes for people entering bankruptcy. Supporters of the change argued that cramdown would provide an important stick…
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Trash Talk: Does ANY QB Still Have the Touch or Timing for Randy Moss?

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emptywheel
On the plane from Edinburgh to London the other day, I sat next to two guys who were heading to talk to some football team called Arsenal to teach them how to promote their brand worldwide like the NY Giants do. So forgive me if the following…
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"You Lie!"

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emptywheel
I spent a good part of a book beating up on George Bush for lying in an address to Congress in an effort to generate support for a policy that was being challenged on the merits. So while I'm not suggesting that protecting a secret deal with…

Court Dockets Are Becoming the 21st Century Memory Hole

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emptywheel
Dafna Linzer has two important pieces on the habeas petition of Abdul Rahim Mohammed Uthman which should both be read in full. This one describes how the government's case against Uthman, which alleges that he was one of Osama bin Laden's guards,…
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The American Data Octopus

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emptywheel
Data octopus. That's how one European Parliament official described the US' continued grab for unfettered access to more and more European data. (h/t WM) "The Americans want to blackmail us," said an agitated Alexander Alvaro, home affairs…
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Of Course the Intelligence Authorization Would Have a Signing Statement

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emptywheel
Because that's just how these carefully crafted bills are treated by Presidents guarding their Executive Power. DDay pointed me to the signing statement that Obama issued in conjunction with the new Intelligence Authorization. There are three…
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Todd Purdum & Vanity Fair Discover McCain the Gluehorse

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bmaz
Todd Purdum has a pretty extensive and in depth article on John McCain just up at Vanity Fair and it paints a very brutal picture of McCain the tired old gluehorse. It is a picture I know well.
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Kaplan's Decision Not Just about Coercion of Ghailani, but Also of Abebe

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emptywheel
The usual suspects are out wailing that Judge Lewis Kaplan's order, excluding the testimony of Hussein Abebe from Ahmed Ghailani's trial, proves civilian courts don't work for terrorism. Glenn rounds up more of the whiners and notes that you…
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Key Prosecution Witness Excluded Over Torture In New York Terror Trial

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bmaz
Judge Lewis Kaplan of the Southern District of New York just issued an order excluding a key government prosecution witness, Hussein Abebe, excluded.
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Military Encroachment On Civilian Authority & Seven Days In May

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bmaz
The military is becoming ever more aggressively meddlesome in civilian control and political decision making at a time where the surveillance and communications control of the military is unparalleled. With public unrest from the dire economic conditions, there may be a further militarization of the political leadership.
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Unconstitutional Surveillance & United States v. United States District Court: Who the Winner is may be a Secret - Part 2

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Mary
[Given the current surveillance state situation in America, the Keith case, formally known as United States v. United States District Court, is one of the most important cases from our recent past. But I don't really believe you can understand…
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First Gitmo Habeas Case Makes Way To SCOTUS

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bmaz
First Gitmo Habeas Case Makes Way To SCOTUS and it will be an important bellwether to see if the Court accepts cert and, if so, what they do with the case.
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Leura Canary Strikes Again: Alabama Bingo Arrests

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bmaz
The DOJ has just announced significant arrests of eleven individuals, including four current Alabama state legislators, three lobbyists, two business owners and one of their employees, and an employee of the Alabama legislature in the long simmering Alabama Bingo case. The Karl Rove operative Leura Canary, still the US Attorney for that district in Alabama after all the Don Siegelman hell she caused is once again knee deep in the operation.
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Unconstitutional Surveillance & United States v. U.S. District Court: Who The Winner Is May Be A Secret - Part 1

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Mary
Given the current surveillance state situation in America, the Keith case, formally known as United States v. United States District Court, is one of the most important cases from our recent past, and has profound implications on our present and future. The Keith case doesn't have simple facts, but they are fascinating and instructive. So bear with me as we go though them - this is going to take awhile, and will be laid out over a series of four posts.
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The (Liz) Warren Commission and Financial Reform

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bmaz
A lot of hope was placed on the back of Elizabeth Warren and the financial reform act passed by Congress at the behest of the Administration and formally known as the Dodd-Frank Wall Street Reform and Consumer Protection Act. Concurrent with belittling the liberal Democratic activist base as ungrateful whiners, the Administration and Democratic leadership has touted Liz Warren and Dodd-Frank as prime examples of accomplishments that should thrill and satisfy the base. But are those “accomplishments” really all that and should they mollify Democrats, at least on financial reform issues? The initial returns indicate no.
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Terror Trials In New York!!!

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bmaz
Not that anybody would know it, but there has been a terror trial going on all week in a real live Article III courtroom in the heart of Manhattan. Exactly like all the Republicans with vapors and trembling Democrats said could not be safely done.
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Where's Cheney and His Freon Pump?

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bmaz
The DOJ wants to be notified of human rights violators in the US; got any suggestions?
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As Vaughn Walker Moves On, There Are No Replacements

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bmaz
Vaughn Walker is retiring and President Obama is way behind the curve on maintaining the health of the Federal judiciary and liberal thought in the judiciary is on its deathbed.
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Woodward's Secrets

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emptywheel
Jeebus: Goldsmith may be getting a hang of this blogging thing, but I'm not: John Rizzo, not John Brennan. So the stuff I originally said about Brennan doesn't make any sense. I may not always agree with Jack Goldsmith, but he's getting a…
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