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1702

When All Executive Orders Turn to Pixie Dust

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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.

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1703

Seeing a Catfight Where There Is None

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Spencer Ackerman’s seeing a catfight between Nancy Pelosi and Jane Harman where there is none. Sure, we all know they don’t get along. But on the issue of torture briefings, Pelosi (if anything) makes Harman looks good, and portrays agreement rather than disagreement.

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1705

The Revolt of the Spooks

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There has been a lot of hand-wringing suggesting that the story revealing some Democratic members of the Gang of Four was a hit piece by Republicans (or, specifically, Porter Goss). That strikes me as an overly Manichean view of things, in which an article that makes Democrats look bad could only be a Republican hit piece. There’s another party in this equation–the Intelligence Community. The events of the last ten days make more sense, it seems to me, if you consider all of those events as a revolt on the part of the Intelligence Community.

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