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	<title>Comments on: Luck Of The Draw</title>
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		<title>By: Sebastian Dangerfield</title>
		<link>http://firedoglake.com/2007/06/20/luck-of-the-draw/#comment-773742</link>
		<dc:creator>Sebastian Dangerfield</dc:creator>
		<pubDate>Thu, 21 Jun 2007 21:37:26 +0000</pubDate>
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		<description>&lt;p&gt;Christy:  Late to the party, but no, you can’t pull anything but court orders and opinions off of the D.C. Circuit PACER.  The federal circuits will one day move up to electronic filing of motions, briefs, etc. but they’re not there yet.  &lt;/p&gt;
&lt;p&gt;Libby’s motion is up an his appellate lawyer’s website.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Christy:  Late to the party, but no, you can’t pull anything but court orders and opinions off of the D.C. Circuit PACER.  The federal circuits will one day move up to electronic filing of motions, briefs, etc. but they’re not there yet.  </p>
<p>Libby’s motion is up an his appellate lawyer’s website.</p>
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		<title>By: anne</title>
		<link>http://firedoglake.com/2007/06/20/luck-of-the-draw/#comment-773045</link>
		<dc:creator>anne</dc:creator>
		<pubDate>Thu, 21 Jun 2007 15:35:47 +0000</pubDate>
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		<description>&lt;p&gt;Well, this seems like generally good news. At least no Silberman. &lt;/p&gt;
&lt;p&gt;&lt;a href=&quot;#comment-771884&quot;&gt;&lt;em&gt;Christy Hardin Smith @ 67&lt;/em&gt;&lt;/a&gt;&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;TiredFed at 57 — I did some work on that issue way back when Team Libby first started bringing it up.  I’ll try to pull up some of my older posts on that and re-read all of the CFR and DOJ rules and regs on delegation of authority and get back to you on specifics.  But, essentially, my rationale was that there had to be a way to “Chinese wall” an AG with a conflict of interest from a criminal investigation in order for it to continue without a taint — otherwise, members of a Presidential administration would be able to break the law with impunity.  And that is unreasonable, because the law always tries to find the way to punish the lawbreaker in the way that things are constructed.  But, as I said, I’ll go back over that again.&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt; I would love if we could get an entry or two breaking down this issue. It is still very confusing to me!&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Well, this seems like generally good news. At least no Silberman. </p>
<p><a href="#comment-771884"><em>Christy Hardin Smith @ 67</em></a></p>
<blockquote><p>TiredFed at 57 — I did some work on that issue way back when Team Libby first started bringing it up.  I’ll try to pull up some of my older posts on that and re-read all of the CFR and DOJ rules and regs on delegation of authority and get back to you on specifics.  But, essentially, my rationale was that there had to be a way to “Chinese wall” an AG with a conflict of interest from a criminal investigation in order for it to continue without a taint — otherwise, members of a Presidential administration would be able to break the law with impunity.  And that is unreasonable, because the law always tries to find the way to punish the lawbreaker in the way that things are constructed.  But, as I said, I’ll go back over that again.</p>
</blockquote>
<p> I would love if we could get an entry or two breaking down this issue. It is still very confusing to me!</p>
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		<title>By: Dude</title>
		<link>http://firedoglake.com/2007/06/20/luck-of-the-draw/#comment-772995</link>
		<dc:creator>Dude</dc:creator>
		<pubDate>Thu, 21 Jun 2007 15:09:05 +0000</pubDate>
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		<description>&lt;p&gt;Just a question, please don’t shoot me.  Why is everyone always so amazed that the rules apply differently between the working class and the “GODS”?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Just a question, please don’t shoot me.  Why is everyone always so amazed that the rules apply differently between the working class and the “GODS”?</p>
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		<title>By: Glenn</title>
		<link>http://firedoglake.com/2007/06/20/luck-of-the-draw/#comment-772849</link>
		<dc:creator>Glenn</dc:creator>
		<pubDate>Thu, 21 Jun 2007 13:42:24 +0000</pubDate>
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		<description>&lt;p&gt;Gotta respectfully disagree with Christy that this is a good draw for Fitz on this issue.  While Tatel is a liberal, Sentelle and Henderson tend conservative.  Their prior ruling on the journalist privilege issue was evidence of hostility to the press, not any animus to Scooter or love for what Fitz is doing.  I’d put odds in favor of a release at 5-4.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Gotta respectfully disagree with Christy that this is a good draw for Fitz on this issue.  While Tatel is a liberal, Sentelle and Henderson tend conservative.  Their prior ruling on the journalist privilege issue was evidence of hostility to the press, not any animus to Scooter or love for what Fitz is doing.  I’d put odds in favor of a release at 5-4.</p>
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		<title>By: larue</title>
		<link>http://firedoglake.com/2007/06/20/luck-of-the-draw/#comment-772310</link>
		<dc:creator>larue</dc:creator>
		<pubDate>Thu, 21 Jun 2007 04:19:05 +0000</pubDate>
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		<description>&lt;p&gt;&lt;a href=&quot;#comment-771830&quot;&gt;&lt;em&gt;Christy Hardin Smith @ 21&lt;/em&gt;&lt;/a&gt;&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;Teddy at 18 — Judges who follow the law as written rather than skewing it for political or other inappropriate reasons are never, ever tainted by the likes of Comstock.  Plus, she has to practice in front of them in DC — the last thing she is going to want to do if she values her license to practice is attack the character of federal judges.  Trust me on that one.  If she does, then she is even dumber than I thought she could ever be…&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Us common folk can’t BUY this kinda deep insight and hope.&lt;/p&gt;
&lt;p&gt;Thanks so much CHS, for all you post.&lt;br /&gt;
When FDL does this kind of blogging, everyone wins . . . even the masses. &lt;/p&gt;
&lt;p&gt;Information is power, and you can’t get this kind of info elsewhere . . .&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p><a href="#comment-771830"><em>Christy Hardin Smith @ 21</em></a></p>
<blockquote><p>Teddy at 18 — Judges who follow the law as written rather than skewing it for political or other inappropriate reasons are never, ever tainted by the likes of Comstock.  Plus, she has to practice in front of them in DC — the last thing she is going to want to do if she values her license to practice is attack the character of federal judges.  Trust me on that one.  If she does, then she is even dumber than I thought she could ever be…</p>
</blockquote>
<p>Us common folk can’t BUY this kinda deep insight and hope.</p>
<p>Thanks so much CHS, for all you post.<br />
When FDL does this kind of blogging, everyone wins . . . even the masses. </p>
<p>Information is power, and you can’t get this kind of info elsewhere . . .</p>
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		<title>By: AlexandriaCynic</title>
		<link>http://firedoglake.com/2007/06/20/luck-of-the-draw/#comment-772290</link>
		<dc:creator>AlexandriaCynic</dc:creator>
		<pubDate>Thu, 21 Jun 2007 04:08:41 +0000</pubDate>
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		<description>&lt;p&gt;OT and EPU’d from an earlier thread about the Cohen article. Here’s what I finally had a chance to Post to the Post:&lt;/p&gt;
&lt;p&gt;Not having had a chance to read all the comments, I plead a bit of ignorance about whether my thought is original. With that proviso, let me say that this column by Cohen is absurd to the point of either idiocy or prostitution. Libby was a knowing part of a plot to make political hay. He and his co-conspirators were willing (or illegally insensitive) to trash a covert intelligence network whose mission was to help us understand the threat of WMD. This occurred in what the President described as a time of war. That’s treason; and whether or not it violated the IIPA, it may well have violated the Espionage Act. It certainly constituted an underlying crime. He lied to prosecutors and a grand jury to throw them off the scent. He was caught. His lies prevented other prosecutions (which was, after all, the intent of his lies.) Even if there had not been an underlying crime (which there certainly was) obstruction of justice can prevent the discovery of underlying crimes and is therefore itself a serious crime deserving of punishment for its own sake and as a deterrent. If GW Bush’s cronies who were indicted during Iran-Contra been incarcerated and disbarred as they deserved, we might have 3,500 live men and 3,500 whole families and tens of thousands of intact bodies and psyches hundreds of billions of dollars available for worthwhile causes. But apologists like Richard Cohen banded together and made it possible for the malefactors to get off scott free and gain entry to another administration to do their evil. Richard: I hope your blood money buys you some good stuff. (walks away spitting on the ground)&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>OT and EPU’d from an earlier thread about the Cohen article. Here’s what I finally had a chance to Post to the Post:</p>
<p>Not having had a chance to read all the comments, I plead a bit of ignorance about whether my thought is original. With that proviso, let me say that this column by Cohen is absurd to the point of either idiocy or prostitution. Libby was a knowing part of a plot to make political hay. He and his co-conspirators were willing (or illegally insensitive) to trash a covert intelligence network whose mission was to help us understand the threat of WMD. This occurred in what the President described as a time of war. That’s treason; and whether or not it violated the IIPA, it may well have violated the Espionage Act. It certainly constituted an underlying crime. He lied to prosecutors and a grand jury to throw them off the scent. He was caught. His lies prevented other prosecutions (which was, after all, the intent of his lies.) Even if there had not been an underlying crime (which there certainly was) obstruction of justice can prevent the discovery of underlying crimes and is therefore itself a serious crime deserving of punishment for its own sake and as a deterrent. If GW Bush’s cronies who were indicted during Iran-Contra been incarcerated and disbarred as they deserved, we might have 3,500 live men and 3,500 whole families and tens of thousands of intact bodies and psyches hundreds of billions of dollars available for worthwhile causes. But apologists like Richard Cohen banded together and made it possible for the malefactors to get off scott free and gain entry to another administration to do their evil. Richard: I hope your blood money buys you some good stuff. (walks away spitting on the ground)</p>
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		<title>By: larry birnbaum</title>
		<link>http://firedoglake.com/2007/06/20/luck-of-the-draw/#comment-772246</link>
		<dc:creator>larry birnbaum</dc:creator>
		<pubDate>Thu, 21 Jun 2007 03:45:59 +0000</pubDate>
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		<description>&lt;p&gt;The circumstances of Starr’s appointment as Special Counsel were extremely dubious.  Among other things there is some evidence that Sentelle engaged in improper discussions concerning the appointment with Senators Jesse Helms and Lauch Faircloth, both pretty much as crazy as they come.&lt;/p&gt;
&lt;p&gt;So, no, I wouldn’t view this as a good selection from the point of view of seeing justice served.  It will turn on Henderson.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>The circumstances of Starr’s appointment as Special Counsel were extremely dubious.  Among other things there is some evidence that Sentelle engaged in improper discussions concerning the appointment with Senators Jesse Helms and Lauch Faircloth, both pretty much as crazy as they come.</p>
<p>So, no, I wouldn’t view this as a good selection from the point of view of seeing justice served.  It will turn on Henderson.</p>
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		<title>By: A.Citizen</title>
		<link>http://firedoglake.com/2007/06/20/luck-of-the-draw/#comment-772022</link>
		<dc:creator>A.Citizen</dc:creator>
		<pubDate>Thu, 21 Jun 2007 01:58:58 +0000</pubDate>
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		<description>&lt;p&gt;&lt;a href=&quot;#comment-772005&quot;&gt;&lt;em&gt;john in sacramento @ 140&lt;/em&gt;&lt;/a&gt;&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;&lt;a href=&quot;#comment-772001&quot;&gt;&lt;em&gt;Eureka Springs @ 138&lt;/em&gt;&lt;/a&gt;&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;A.Citizen&lt;/p&gt;
&lt;p&gt;You should really consider reading the old FDL Book Salon post and thread anent John Dean and the very book you mentioned..&lt;/p&gt;
&lt;p&gt;One of the best salons evah!&lt;/p&gt;
&lt;p&gt;(Will look for a link and post it here if I can find it)&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Don’t want to step on your toes but it’s right &lt;a href=&quot;http://www.firedoglake.com/2006/09/03/fdl-book-salon-conservatives-without-conscience-week-2/&quot;&gt;here&lt;/a&gt;&lt;/p&gt;
&lt;p&gt;Great minds think alike Eureka ;-)&lt;/p&gt;
&lt;p&gt;edit: you beat me anyway lol ;-)&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Thanks for the help folks. I did read that when it was posted. My reference this book was a shorthand way of injecting into the Comstock discussion the simple fact that WingNuts are just plain iinsane and will not neccessarily act in a coherent or rational manner.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p><a href="#comment-772005"><em>john in sacramento @ 140</em></a></p>
<blockquote><p><a href="#comment-772001"><em>Eureka Springs @ 138</em></a></p>
<blockquote><p>A.Citizen</p>
<p>You should really consider reading the old FDL Book Salon post and thread anent John Dean and the very book you mentioned..</p>
<p>One of the best salons evah!</p>
<p>(Will look for a link and post it here if I can find it)</p>
</blockquote>
<p>Don’t want to step on your toes but it’s right <a href="http://www.firedoglake.com/2006/09/03/fdl-book-salon-conservatives-without-conscience-week-2/">here</a></p>
<p>Great minds think alike Eureka ;-)</p>
<p>edit: you beat me anyway lol ;-)</p>
</blockquote>
<p>Thanks for the help folks. I did read that when it was posted. My reference this book was a shorthand way of injecting into the Comstock discussion the simple fact that WingNuts are just plain iinsane and will not neccessarily act in a coherent or rational manner.</p>
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		<title>By: TiredFed</title>
		<link>http://firedoglake.com/2007/06/20/luck-of-the-draw/#comment-772016</link>
		<dc:creator>TiredFed</dc:creator>
		<pubDate>Thu, 21 Jun 2007 01:52:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.firedoglake.com/2007/06/20/luck-of-the-draw/#comment-772016</guid>
		<description>&lt;p&gt;article on the 3 amigos hearing arguments on reporters privilege in Plame case in December 2004 (&lt;a href=&quot;http://www.rcfp.org/news/2004/1208inregr.html&quot;&gt;3 amigos&lt;/a&gt;)&lt;br /&gt;
“Judge David B. Tatel, who heard the case along with Judge David B. Sentelle and Judge Karen L. Henderson, said, “It seems to me the argument for a qualified privilege is more powerful here than in Jaffee .”&lt;/p&gt;
&lt;p&gt;Sentelle seemed concerned that a reporters’ privilege could be invoked by too many people. “You want us to come out with a privilege from grand jury testimony for anybody who wants to take three minutes to set up a blog?” he asked Abrams.”&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>article on the 3 amigos hearing arguments on reporters privilege in Plame case in December 2004 (<a href="http://www.rcfp.org/news/2004/1208inregr.html">3 amigos</a>)<br />
“Judge David B. Tatel, who heard the case along with Judge David B. Sentelle and Judge Karen L. Henderson, said, “It seems to me the argument for a qualified privilege is more powerful here than in Jaffee .”</p>
<p>Sentelle seemed concerned that a reporters’ privilege could be invoked by too many people. “You want us to come out with a privilege from grand jury testimony for anybody who wants to take three minutes to set up a blog?” he asked Abrams.”</p>
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		<title>By: Frank33</title>
		<link>http://firedoglake.com/2007/06/20/luck-of-the-draw/#comment-772014</link>
		<dc:creator>Frank33</dc:creator>
		<pubDate>Thu, 21 Jun 2007 01:52:02 +0000</pubDate>
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		<description>&lt;p&gt;Kismet Ure at 137. You are totally wrong. The Libby Case is a “linchpin” connecting most of these perverted war mongers. Obviously Libby is the Fall Guy for…take your pick of suspects. The legal stuff might be boring but Judge Reggie seems to follow the rules at least. &lt;/p&gt;
&lt;p&gt;The most important issues remain, why was Valerie Plame “fair game”? Was she investigating the Niger Forgeries. How these Forgeries helped start a war.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Kismet Ure at 137. You are totally wrong. The Libby Case is a “linchpin” connecting most of these perverted war mongers. Obviously Libby is the Fall Guy for…take your pick of suspects. The legal stuff might be boring but Judge Reggie seems to follow the rules at least. </p>
<p>The most important issues remain, why was Valerie Plame “fair game”? Was she investigating the Niger Forgeries. How these Forgeries helped start a war.</p>
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