The FISA Loss: Recommendations for the Future

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emptywheel
We did a superb job in the FISA fight, on what was the netroots first concerted attempt to change public and mobilize public opinion. But here are some things that I think we can do better.

DOJ Apparently Doesn't Know Whether It Told Fielding that Rove's "Official Duties" Include Witch Hunts

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emptywheel
Now why do you think the DOJ is having such a tough time answering a very simple question: whether or not they did--as Fred Fielding has claimed--tell the White House that Karl Rove's alleged actions in the Siegelman prosecution were part of his "official duties" while at the White House?

The Significance of the "Official Duties" Claim

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emptywheel
Up until the moment when Fred Fielding claimed Rove's actions in the Siegelman affair were part of his "official duties," those actions, by themselves, may not have been illegal. But as soon as Siegelman made that claim, they became clear Hatch Act violations.

Why Absolute Immunity Is So Audacious

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emptywheel
In which I continue to harp on the differences between executive privilege and absolute immunity.

The Post FISA Amendment Act Action Begins: ACLU Fires The First Salvo - A Working Thread

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bmaz
As all know by now, July 9, 2008 was a day that will live in infamy. It seems stark to use that historic phrase, but to a lot of us, it really feels that way. What many have been asking, and rightfully so, is where do we go from here. There are several projects such as Strange Bedfellows for the long term, but, by far, the biggest news you need to know about today is the activity by the ACLU. The ACLU has made two filings in response to the passage and signing of the FISA Amendments Act (FAA), one a new complaint in SDNY and the other an application to the FISA Court.

Bush Did NOT Invoke Executive Privilege for Rove

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emptywheel
Just about everyone believes that Bush invoked executive privilege to prevent Rove from having to testify today. But that's not what happened.

White House Confirms: Rove's "Official Duties" Included Witchhunts of Democrats

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emptywheel
Surprise surprise. Rove was too chicken to give testimony under oath to show up before HJC today. That's not surprising. What I find surprising (well, not really) are the thin excuses that Republicans are coming up with to excuse Turdblossom from obeying a subpoena. First, according to the statement Sanchez put out, Fred Fielding did intervene to give a last minute reprieve to Karl--though still without invoking executive privilege. First, the claims have

Yeah, What ABOUT that Anthrax Terrorist?

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emptywheel
The exchange between Pat Leahy and Michael Mukasey about the anthrax terrorist sure made me wonder whether they both know exactly who sent those anthrax letters.
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Mukasey Flip Flops on Pixie Dust

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emptywheel
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?

The Attorney General Thinks It's Okay for the Vice President to Have Ordered the Outing of a Spy

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emptywheel
Michael Mukasey pretty much hung Patrick Fitzgerald out to dry today--suggesting that Fitzgerald's investigation of the Plame leak was an example of the problems with a Special Counsel. That has pretty astonishing implications for his view of whether the Vice President ought to be held responsible for his actions or not.

Mukasey to SJC: Investigation of Rove's Involvement in Siegelman Should Take Place ... Somewhere Else

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emptywheel
As of now, someone--either at the White House or in DOJ--has declined to support executive privilege to prevent Rove's testimony before the House judiciary tomorrow. And, in a hearing before the Senate, the AG suggested there were other avenues to investigate Rove's role in the Siegelman prosecution besides OPR. Is it possible Mukasey supports an HJC inquiry into the issue? Hard to believe, given the other stuff Mukasey said today, but someone ought to at least ask.

SJC Liveblog

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emptywheel
Michael Mukasey's
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Omnibus Liveblog

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emptywheel
Use this thread to liveblog EITHER the FISA debate or the Senate Mukasey hearing.

John McCain Battles the Veterans

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emptywheel
Boy, John McCain doesn't like it when others who have served in the Armed Services question his own record, huh?

FISA Liveblog: Kit "I think red ties look great with pink shirts" Bond

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emptywheel
CSPAN's stream is being a bit cranky, but I've got Kit Bond on the old style teevee, and boy I'm not a fashion maven, but I wouldn't wear a red tie with a pink shirt.

Waxman, Fitzgerald, and Mukasey

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emptywheel
In a response to Waxman today, Patrick Fitzgerald made it clear that Mukasey's obstruction is the only thing standing between Waxman getting the Bush and Cheney interview reports. And Waxman is none too happy about it. Good.

Maybe He Was Helping Banana Republicans Fund Terrorists? Or Back at Gitmo, Overseeing Torture?

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emptywheel
Apparently, DHS can't--or won't--tell CREW where Michael Chertoff was the day New Orleans flooded. What do you think he was doing?

CREW Goes After Elston and McDonald's Bar Memberships

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emptywheel
CREW thinks the two DOJ hacks who politicized hiring should be appropriately punished by the Bar for breaking the law. So do I.e

Shorter Mike and Mike: No, We Don't Want Immunity Contingent on Actually Finishing the IG Report

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emptywheel
Michael Mukasey and Michael McConnell don't want citizens to know about what the telecoms did to us before we grant them immunity. Does that make you rather suspicious?
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