Entries by emptywheel

Shorter Bush: I Wrote It in Invisble Ink

Kagro X says almost all that needs to be said about BushCo’s claims that Bush intended to exempt he and Cheney from rules on classification. I’ll come back later to expand on Kagro’s point about the insta-declassification theory of leaking Plame’s identity. But for now, I’d like to make a teeny tiny point.

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Sidney’s Imperial Presidency

Sidney Blumenthal and I were apparently making the same point at about the same time. Not long after I argued, on a panel on the Imperial Presidency, that there are those within the Administration who believe in the rule of law and can therefore be mobilized against it, Sidney was finishing up his column making that point in much more comprehensive fashion.

In private, Bushadministration sub-Cabinet officials who have been instrumental informulating

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Mercer’s Non-Move

Bill Mercer’s announcement that he’s stepping down is much more interesting than the other clique resignations for several reasons (thanks to TeddySF for the heads up). First, his “resignation” does not mean he leaves DOJ; rather, he simply avoids a nomination hearing. And that’s a nomination hearing that would have been challenging, to say the least.

William W.

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Hold > Get Agency to Answer That, Part Two

You may recall a theory I postulated a few weeks back that when Libby called Robert Grenier on June 11, 2003, he asked questions he already knew the answers to. He wasn’t really looking for information. Rather, he was hoping to get the information from a source he could use publicly; he was trying to get certain information about the Wilsons out while hiding Dick Cheney’s original source for the information

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Shorter Fitz: Send Libby to Jail

Fitzgerald submitted his response to Libby’s request for bond pending appeal today. Basically, it reiterates the points he made in last week’s hearing on the issue, though in the written form that allows some snark.

Congress Doesn’t Need New Laws

The filing starts by undercutting Libby’s Appointments Clause complaint with a simple reading of the law.

Remarkably, defendant’s application, while suggesting that the AAG might have addressed the urgent conflict-of-interest issue by opting to

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CIPA Fun, One

So Jeff Lomonaco and I were trying to figure out the best place for us to meet face to face after having emailed obsessively on the Plame case for two years. We thought of the best place to meet: at Prettyman Courthouse so we could read through the CIPA filings submitted last year in the case.

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Cohen Tries to Make Sense

I deliberately avoided Richard Cohen’s latest nonsense of the other day. But then watertiger sent me a tidbit from Cohen’s online chat today (dirty trick, watertiger), and I got sucked in. First, let me start with this passage:

Boston: If Bush felt he needed to respond to Wilson, why not do it openly, on-the-record, based on the merits?

Richard Cohen:

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Sentelle, Henderson, Tatel

It appears that we’ve got our panel for Scooter’s motion for release pending appeal–and we lucked out. Judges Sentelle, Henderson, and Tatel appear to be the panel–the same three judges that heard Judy’s and Cooper’s appeal on their subpoena. Sentelle is no liberal, not by any shade. But his decision on the appeal was reasonable.

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Curbing the Imperial Presidency

Here is my presentation from the Take Back American panel on “Curbing the Imperial Presidency.” I’m sure it didn’t come out this way. But it might be close.

One year after the publication of his book The ImperialPresidency, Arthur Schlesinger wrote the following for a column in Harpers:

We hear a great deal today aboutthe presumably grim consequences of the impeachment of the President—an endlesspublic trial, a people divided, a government paralyzed, a

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