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	<title>Comments on: The Next Step</title>
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		<title>By: larry birnbaum</title>
		<link>http://firedoglake.com/2007/06/15/the-next-step/#comment-763595</link>
		<dc:creator>larry birnbaum</dc:creator>
		<pubDate>Sat, 16 Jun 2007 02:18:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2007/06/15/the-next-step/#comment-763595</guid>
		<description>&lt;p&gt;It stinks that the Dems didn’t fight harder to keep a pornographer like Kavanaugh off the bench.  Lots of political hacks end up as judges, but promoting this fellow to a high position administering justice shows just how little Republicans actually care for the rule of law.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>It stinks that the Dems didn’t fight harder to keep a pornographer like Kavanaugh off the bench.  Lots of political hacks end up as judges, but promoting this fellow to a high position administering justice shows just how little Republicans actually care for the rule of law.</p>
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		<title>By: Sebastian Dangerfield</title>
		<link>http://firedoglake.com/2007/06/15/the-next-step/#comment-763309</link>
		<dc:creator>Sebastian Dangerfield</dc:creator>
		<pubDate>Fri, 15 Jun 2007 22:15:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2007/06/15/the-next-step/#comment-763309</guid>
		<description>&lt;p&gt;One thing to think about re Kavanaugh:  Given his prominent role in Starr’s &lt;strike&gt;Court of Star Chamber&lt;/strike&gt; Office of Independent Counsel, one might be forgiven for thinking that he would — if he has a modicum of principle — be the one judge who is &lt;em&gt;least&lt;/em&gt; inclined to think that the appointment of an independent proecutor-type is unconstitutional.  It would at a minimum be a rich irony if he were to end up on a panel that ruled that a D.C. Circuit decision concluding that independent prosecutors are anathema to the Constitution.  &lt;/p&gt;
&lt;p&gt;I find the outcome in the D.C. Circuit very difficult to handicap, especially since the panel composition can make such a difference in many cases.  I’d like to think that most any panel would deny bail.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>One thing to think about re Kavanaugh:  Given his prominent role in Starr’s <strike>Court of Star Chamber</strike> Office of Independent Counsel, one might be forgiven for thinking that he would — if he has a modicum of principle — be the one judge who is <em>least</em> inclined to think that the appointment of an independent proecutor-type is unconstitutional.  It would at a minimum be a rich irony if he were to end up on a panel that ruled that a D.C. Circuit decision concluding that independent prosecutors are anathema to the Constitution.  </p>
<p>I find the outcome in the D.C. Circuit very difficult to handicap, especially since the panel composition can make such a difference in many cases.  I’d like to think that most any panel would deny bail.</p>
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		<title>By: earlofhuntingdon</title>
		<link>http://firedoglake.com/2007/06/15/the-next-step/#comment-763200</link>
		<dc:creator>earlofhuntingdon</dc:creator>
		<pubDate>Fri, 15 Jun 2007 20:49:41 +0000</pubDate>
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		<description>&lt;p&gt;The only silver lining I can imagine, should Shrub pardon Libby, is that the pardon does not require acceptance, it is an admission of having committed the underlying crimes, and it removes Libby from legal jeopardy on matters related to the pardon.  Which means Libby would have no valid reason to plead his Fifth Amendment right against self-incrimination should he be asked to cooperate in a congressional or federal investigation.  &lt;/p&gt;
&lt;p&gt;The odds of Libby cooperating without compulsion, though, seem about as good as Shrub closing Gitmo before he leaves his playthings in the Oval Office and goes home.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>The only silver lining I can imagine, should Shrub pardon Libby, is that the pardon does not require acceptance, it is an admission of having committed the underlying crimes, and it removes Libby from legal jeopardy on matters related to the pardon.  Which means Libby would have no valid reason to plead his Fifth Amendment right against self-incrimination should he be asked to cooperate in a congressional or federal investigation.  </p>
<p>The odds of Libby cooperating without compulsion, though, seem about as good as Shrub closing Gitmo before he leaves his playthings in the Oval Office and goes home.</p>
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		<title>By: earlofhuntingdon</title>
		<link>http://firedoglake.com/2007/06/15/the-next-step/#comment-763190</link>
		<dc:creator>earlofhuntingdon</dc:creator>
		<pubDate>Fri, 15 Jun 2007 20:41:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2007/06/15/the-next-step/#comment-763190</guid>
		<description>&lt;p&gt;Not surprisingly, Mr. Kavanaugh takes a narrow view of recusal.  He seems to be stuck using the standard for a practicing lawyer when deciding whether he or she can represent a new client: “Have I represented another client against this one on an identical or closely related matter?”  &lt;/p&gt;
&lt;p&gt;Mr. Kavanaugh’s past decision suggests that in his two or so years on the bench, he hasn’t yet mastered the standard applicable to judges, which adds an additional concern to those faced by a practicing lawyer (who’s role is as an admitted advocate).  The judge, who is meant to be a neutral party, not an advocate, must also ask him or herself, “Would hearing this case present the appearance of impropriety” &lt;em&gt;or &lt;/em&gt;an actual conflict?&lt;/p&gt;
&lt;p&gt;It’s not hard to guess why.  Mr. Kavanaugh is among the least qualified lawyers to sit on the federal bench, much less the appellate bench, much less the grand daddy of them all (barring the S. Ct.), the DC Circuit.  His principal experience was as a Hill and WH staffer and former assistant to Ken Starr.  His WH duties largely involved shepherding federal bench nominees through the confirmation process with an extraordinarily cooperative Republican Senate.  He is a Tim Griffin-like protege, not an experienced former litigator, judge or general counsel.  &lt;/p&gt;
&lt;p&gt;None of which bodes well for his tenure on the DC Circuit, nor for his objectivity should he review issues in the Libby case.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Not surprisingly, Mr. Kavanaugh takes a narrow view of recusal.  He seems to be stuck using the standard for a practicing lawyer when deciding whether he or she can represent a new client: “Have I represented another client against this one on an identical or closely related matter?”  </p>
<p>Mr. Kavanaugh’s past decision suggests that in his two or so years on the bench, he hasn’t yet mastered the standard applicable to judges, which adds an additional concern to those faced by a practicing lawyer (who’s role is as an admitted advocate).  The judge, who is meant to be a neutral party, not an advocate, must also ask him or herself, “Would hearing this case present the appearance of impropriety” <em>or </em>an actual conflict?</p>
<p>It’s not hard to guess why.  Mr. Kavanaugh is among the least qualified lawyers to sit on the federal bench, much less the appellate bench, much less the grand daddy of them all (barring the S. Ct.), the DC Circuit.  His principal experience was as a Hill and WH staffer and former assistant to Ken Starr.  His WH duties largely involved shepherding federal bench nominees through the confirmation process with an extraordinarily cooperative Republican Senate.  He is a Tim Griffin-like protege, not an experienced former litigator, judge or general counsel.  </p>
<p>None of which bodes well for his tenure on the DC Circuit, nor for his objectivity should he review issues in the Libby case.</p>
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		<title>By: QuakerGirl</title>
		<link>http://firedoglake.com/2007/06/15/the-next-step/#comment-763121</link>
		<dc:creator>QuakerGirl</dc:creator>
		<pubDate>Fri, 15 Jun 2007 19:41:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2007/06/15/the-next-step/#comment-763121</guid>
		<description>&lt;p&gt;Thank you JWoods. &lt;/p&gt;
&lt;p&gt;The last time I had this omnious feeling was throughout the sixties when so many of the people we respected and admired were assassinated. I have that same feeling in the pit of my stomach.  &lt;/p&gt;
&lt;p&gt;In my world I am surrounded by people of similar values but when I head to northern Nevada I’m reminded again of another reality. My sense is that they are terribly frightened people, and people in a blind state of fear can be indiscriminately violent.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Thank you JWoods. </p>
<p>The last time I had this omnious feeling was throughout the sixties when so many of the people we respected and admired were assassinated. I have that same feeling in the pit of my stomach.  </p>
<p>In my world I am surrounded by people of similar values but when I head to northern Nevada I’m reminded again of another reality. My sense is that they are terribly frightened people, and people in a blind state of fear can be indiscriminately violent.</p>
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		<title>By: Brisingamen</title>
		<link>http://firedoglake.com/2007/06/15/the-next-step/#comment-763105</link>
		<dc:creator>Brisingamen</dc:creator>
		<pubDate>Fri, 15 Jun 2007 19:23:28 +0000</pubDate>
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		<description>&lt;p&gt;&lt;a href=&quot;#comment-762965&quot;&gt;&lt;em&gt;mercresearch @ 111&lt;/em&gt;&lt;/a&gt;&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;astrol’s - &lt;/p&gt;
&lt;p&gt;don’t want to get into posting about this too much - don’t want to feed neocon trolls - but anyone notice libby’s merc now transiting 12th (!) conj UR &amp; poised to go Rx. (&amp; in canc!) &lt;/p&gt;
&lt;p&gt;Can you unpack that a bit? From my limited knowledge of astrology, I’d say the above is bad news for Libby, since Mercury ‘controls’ communication…&lt;/p&gt;
&lt;p&gt;interesting…..&lt;/p&gt;
&lt;p&gt;mods: begging indulgence to chg my nick for this/these post(s)&lt;/p&gt;&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p><a href="#comment-762965"><em>mercresearch @ 111</em></a></p>
<blockquote><p>astrol’s &#8211; </p>
<p>don’t want to get into posting about this too much &#8211; don’t want to feed neocon trolls &#8211; but anyone notice libby’s merc now transiting 12th (!) conj UR &amp; poised to go Rx. (&amp; in canc!) </p>
<p>Can you unpack that a bit? From my limited knowledge of astrology, I’d say the above is bad news for Libby, since Mercury ‘controls’ communication…</p>
<p>interesting…..</p>
<p>mods: begging indulgence to chg my nick for this/these post(s)</p>
</blockquote>
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		<title>By: Jwoods</title>
		<link>http://firedoglake.com/2007/06/15/the-next-step/#comment-763087</link>
		<dc:creator>Jwoods</dc:creator>
		<pubDate>Fri, 15 Jun 2007 19:03:02 +0000</pubDate>
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		<description>&lt;p&gt;&lt;a href=&quot;#comment-762924&quot;&gt;&lt;em&gt;QuakerGirl @ 72&lt;/em&gt;&lt;/a&gt;&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;I stay in touch with my southern relatives because their take on this country is so different from Liberal Land. They love Bush. I am told there is too much freedom of speech and we need less not more. We also need to put the Bible in the Constitution and that our country was founded on Christianity. &lt;/p&gt;
&lt;p&gt;It is scary to hear from so many. From Texas to Louisiana they send me e-mails (trying to save me). This gives me an insight I couldn’t have otherwise. &lt;/p&gt;
&lt;p&gt;My universe is so different from theirs but I think they are in the vast majority. Or maybe they are willing to play dirty in a way I’m not.&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Quakergirl,&lt;/p&gt;
&lt;p&gt;I happen to believe that our government should serve under the principles of the Bible.  Unfortunately, the Moral Majority, Christian Coalition and the likes have re-defined what that means in a really really bad way.&lt;/p&gt;
&lt;p&gt;The Bible teaches the following principles with regard to government:&lt;br /&gt;
The government serves the people, leaders must be accountable, truth and justice must prevail for every person, etc. Stem cell research, same sex marriages, etc. are political issues with moral implications, not moral issues that should be legislated according to what a few believe the Bible teaches.  &lt;/p&gt;
&lt;p&gt;Tell your relatives that Bush will be judged by God as to how he conducted himself (did he tell the truth, did he govern justly, was he diligent and faithful in the execution of his responsibilities).  &lt;/p&gt;
&lt;p&gt;Maybe when God told Bush to end tyranny, Bush wrongly assumed “Republican” meant “the Republican Guard” and not the GOP.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p><a href="#comment-762924"><em>QuakerGirl @ 72</em></a></p>
<blockquote><p>I stay in touch with my southern relatives because their take on this country is so different from Liberal Land. They love Bush. I am told there is too much freedom of speech and we need less not more. We also need to put the Bible in the Constitution and that our country was founded on Christianity. </p>
<p>It is scary to hear from so many. From Texas to Louisiana they send me e-mails (trying to save me). This gives me an insight I couldn’t have otherwise. </p>
<p>My universe is so different from theirs but I think they are in the vast majority. Or maybe they are willing to play dirty in a way I’m not.</p>
</blockquote>
<p>Quakergirl,</p>
<p>I happen to believe that our government should serve under the principles of the Bible.  Unfortunately, the Moral Majority, Christian Coalition and the likes have re-defined what that means in a really really bad way.</p>
<p>The Bible teaches the following principles with regard to government:<br />
The government serves the people, leaders must be accountable, truth and justice must prevail for every person, etc. Stem cell research, same sex marriages, etc. are political issues with moral implications, not moral issues that should be legislated according to what a few believe the Bible teaches.  </p>
<p>Tell your relatives that Bush will be judged by God as to how he conducted himself (did he tell the truth, did he govern justly, was he diligent and faithful in the execution of his responsibilities).  </p>
<p>Maybe when God told Bush to end tyranny, Bush wrongly assumed “Republican” meant “the Republican Guard” and not the GOP.</p>
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		<title>By: chaboard</title>
		<link>http://firedoglake.com/2007/06/15/the-next-step/#comment-763079</link>
		<dc:creator>chaboard</dc:creator>
		<pubDate>Fri, 15 Jun 2007 18:57:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2007/06/15/the-next-step/#comment-763079</guid>
		<description>&lt;p&gt;&lt;a href=&quot;#comment-762965&quot;&gt;&lt;em&gt;mercresearch @ 111&lt;/em&gt;&lt;/a&gt;&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;astrol’s - &lt;/p&gt;
&lt;p&gt;don’t want to get into posting about this too much - don’t want to feed neocon trolls - but anyone notice libby’s merc now transiting 12th (!) conj UR &amp; poised to go Rx. (&amp; in canc!) &lt;/p&gt;
&lt;p&gt;interesting…..&lt;/p&gt;
&lt;/blockquote&gt;
&lt;p&gt;Is an english translation of this post available?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p><a href="#comment-762965"><em>mercresearch @ 111</em></a></p>
<blockquote><p>astrol’s &#8211; </p>
<p>don’t want to get into posting about this too much &#8211; don’t want to feed neocon trolls &#8211; but anyone notice libby’s merc now transiting 12th (!) conj UR &amp; poised to go Rx. (&amp; in canc!) </p>
<p>interesting…..</p>
</blockquote>
<p>Is an english translation of this post available?</p>
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		<title>By: bonkers</title>
		<link>http://firedoglake.com/2007/06/15/the-next-step/#comment-763065</link>
		<dc:creator>bonkers</dc:creator>
		<pubDate>Fri, 15 Jun 2007 18:46:14 +0000</pubDate>
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		<description>&lt;p&gt;&lt;a href=&quot;#comment-763037&quot;&gt;&lt;em&gt;Christy Hardin Smith @ 147&lt;/em&gt;&lt;/a&gt;&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;bonkers at 143 — Take a peek at the reporting from the week of &lt;a href=&quot;http://firedoglake.blogspot.com/2005_10_02_archive.html&quot;&gt;October 2 through October 9, 2005&lt;/a&gt;.  We have talked about it a lot.&lt;/p&gt;
&lt;p&gt;PS — Some FDL trivia.  The Harriet Miers post of mine on 10/3/05 was, indeed, my very first post on FDL — back in the days when I was posting under my ReddHedd pseudonym.  Ah, memories…&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Thanks ReddHedd!  that was right about the time I discovered all y’all, and my productivity has been declining ever since.  At least my knowledge has been increasing at the same time, and after all, knowledge is power as they say…&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p><a href="#comment-763037"><em>Christy Hardin Smith @ 147</em></a></p>
<blockquote><p>bonkers at 143 — Take a peek at the reporting from the week of <a href="http://firedoglake.blogspot.com/2005_10_02_archive.html">October 2 through October 9, 2005</a>.  We have talked about it a lot.</p>
<p>PS — Some FDL trivia.  The Harriet Miers post of mine on 10/3/05 was, indeed, my very first post on FDL — back in the days when I was posting under my ReddHedd pseudonym.  Ah, memories…</p>
</blockquote>
<p>Thanks ReddHedd!  that was right about the time I discovered all y’all, and my productivity has been declining ever since.  At least my knowledge has been increasing at the same time, and after all, knowledge is power as they say…</p>
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		<title>By: perris</title>
		<link>http://firedoglake.com/2007/06/15/the-next-step/#comment-763055</link>
		<dc:creator>perris</dc:creator>
		<pubDate>Fri, 15 Jun 2007 18:37:24 +0000</pubDate>
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		<description>&lt;p&gt;&lt;a href=&quot;#comment-763043&quot;&gt;&lt;em&gt;Christy Hardin Smith @ 148&lt;/em&gt;&lt;/a&gt;&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;
In short — no solid answers, but a lot of unsourced anonymously attributed stuff still hanging out there utterly unsubstantiated by any credible source that we have been able to track down and ask about it.&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;got it…thanks for that, I actually thought we knew “sealed vs sealed” was part of the investigation, now I see that was just wishful thinking&lt;/p&gt;
&lt;p&gt;you’re the bestest&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p><a href="#comment-763043"><em>Christy Hardin Smith @ 148</em></a></p>
<blockquote><p>
In short — no solid answers, but a lot of unsourced anonymously attributed stuff still hanging out there utterly unsubstantiated by any credible source that we have been able to track down and ask about it.</p>
</blockquote>
<p>got it…thanks for that, I actually thought we knew “sealed vs sealed” was part of the investigation, now I see that was just wishful thinking</p>
<p>you’re the bestest</p>
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