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341

Mukasey Flip Flops on Pixie Dust

Back during Michael Mukasey’s confirmation hearings, Sheldon Whitehouse got Michael Mukasey to commit that, when a President changes an executive order, he appropriately should actually change the executive order–so schmoes like you and I can know what the President is actually doing.

2. Do you believe that the President may act contrary to a valid executive order?

346

Sheldon Whitehouse’s Speech

Whitehouse is up, hitting on the same issues he hit in his speech a week ago Friday. He accuses Mukasey and McConnell are being disingenuous when they ignore the issues outstanding on the FISA debate.

These two gentlemen do know what is going on and chose to talk past the issue, ignore it’s very existence.

347

All Your Data Belong to George

Guess what? ODNI has told Congress it doesn’t want minimization procedures to be codified in statute because it would make it too hard to change those procedures. That, plus a continued emphasis on Executive Orders that George Bush can turn into pixie dust, suggests they really don’t want to be held responsible for protecting US persons’ privacy when conducting wiretaps.

348

When All Executive Orders Turn to Pixie Dust

Marty Lederman tells us not to worry about the legality of the OLC opinions Senator Whitehouse revealed last Friday. But he tells us we may need to worry about the constitutional bad faith that Whitehouse’s revelations imply. This post begins a discussion about what happens when all the President’s Executive Orders turn to Pixie Dust.