So another possiblity – what if the delegation of authority to the Spec. Prosecutor was changed, via McNulty? If the Comey authorization to investigate obstruction, etc. was withdrawn? If he objected, there could be an action for compliance filed. They could argue that the reasons for the withdrawal of the auhorizations to pursue obstruction etc. and limiting the delegation might be due to the possible nat. sec. implications of letting the Prosec. pursue conspiracy investigations involving people involved at the highest levels of security matters and their correspondence – or they could claim lesser, but still privileged, executive privilege as to the methods of determination to reduce the scope of the delegation.

Either one would likely yield a Sealed v. Sealed case – in essence a US via McNulty v. Fitzgerald case. On the national sec front, they could get an affidavit from Gonzales, as head of the dept – DOJ, stating that it would be harmful to nat sec to have to turn over docs relating to the innerworkings of people like the WHIG. They could even lift and use some of Comey’s argument in Arar to make the case for them that the assertion of nat sec. interests by the head of the DOJ should not be subject to further review and should stand on its own. Tack on Exec Priv. arguments for not wanting to get into why the decision to reduce the Spec. Prose. authority was made in a public format –andyou have two privilege bases for keeping the case under wraps.

If a judge issued a prompt ruling that the Spec Pros. has to abide by the order and his authority is reduced – then ?

mOropeza 221 – Agree with everything you write except the part about Jeb. Is this the new conventional wisdom that Jeb may actually be in a presidential debate? Let me know if a betting pool is afoot – I could use some easy money. The Bush Family dynasty is on the wrong side of history and as my poker playing son is wont to say: TOAST.

For shame!

Are you some kind of linguistic puritan?

That you can’t stand the bushmasters buttfucking the english language cross-eyed, in their efforts to avoid being evicted from Fantasy-Island-with-flying-body-parts?

If our troops can “stay the course” in Iraq, why shouldn’t all the creators of the bastion of democracy and stability in the mideast, be allowed to continue their three-plus-year program to turn the King’s english into a bullshit vehicle that makes a John Deere fertilizer combine look like a toy, and which would make Joseph Goebbels blush with shame?

Pick up some brownies, OK?

(and thanks for the great posts — you too LHP)

Me? I’m sleeping…. Catch you in the a.m.

Carolina is in the World Cup?

;)