A bunch of civil liberties groups including the ACLU, the Electronic Privacy Information Center (EPIC), and The National Security Archive Fund (NSAF) brought suit under the Freedom of Information Act to try to pry lose the documents relating to
the Bush Adminstration’s policy of conducting surveillance of domestic communications without prior authorization of the Foreign Intelligence Surveillance Court (“FISA Court”).
You can read the court’s opinion here.
And you know what? They are making a bit of progress.
You see, the government made a Motion for Summary Judgement asking the court to throw out the FOIA request altogether. And the court REFUSED TO DO THAT.
HooHa!
Essentially the court said that “declaring ‘because we say so’ is an inadequate method for invoking” an exemption to FOIA that protects material that is privileged such as by the deliberative privilege or attorney/client privilege.
The decision is replete with criticism of the inadequacies of the government’s submission in opposition to turning over the material. As is often the case, all the best quotes are in the footnotes. My favorite? Footnote #5
NSA has designated these declarations as being subject to an exceedingly high level of secrecy under the Executive’s classification policies. See Def.’s Ex. G pp. 11-12 (Decl. of Rowan). Without expressing approval or disapproval of DOJ’s use of these ex parte declarations—and without opining regarding whether the declaration redactions are legitimately classified (beyond a measure of scepticism as to some portions thereof)—the court does express substantial frustration with one aspect of the Executive’s approach to this information: In part for purposes of this case, this judicial officer had his law clerk cleared through an extensive, high-level background investigation so that the clerk would have access to classified information, and specifically the documents in this case. Notwithstanding the clearance obtained, it has become apparent that the Executive will not grant the clerk access to the classified declarations filed here, at least not in the absence of vociferous resistance from this judicial officer. This stance is baffling and has been significantly disruptive to the court’s review of this matter.
Biff! Bam!! Socko!!!
Holy Snarkfest Batman! I think the Judge has been on the receiving end of the Senator Rockefeller treatment!
Remember Senator Rockefeller got a briefing on this program, but was not allowed to discuss it with anyone, even the people on his staff with high level security clearances; clearances they had obtained so they could work on his matters from the Senate Intelligence Committee?
And the briefing was so super secret, Sen Rocky had to handwrite a letter of complaint to Dick Cheney (Hmmm, why Cheney? she wonders) because he could not even have his secretary type the complaint letter.
Oh, and let’s not forget the guys and gals at the DOJ Office of Professional Responsibility who wrote a protest letter of their own saying they could not do their investigation because the WH was denying them the necessary security clearances.
Anyway, bottom line. DOJ and the Executive Office of the President may, (and I stress may—more rulings will be made in this case before anything actually changes hands) at the end of the day, be forced to hand over the President’s 45-day certifications and the legal opinions that went with them.
I can’t wait to dissect those opinions. Yeah, I’m talkin’ to you, John Yoo.
You wanna make somethin’ of it?
In other good news this week
NEW YORK – A federal court today struck down the amended Patriot Act’s National Security Letter (NSL) provision. The law has permitted the FBI to issue NSLs demanding private information about people within the United States without court approval, and to gag those who receive NSLs from discussing them. The court found that the gag power was unconstitutional and that because the statute prevented courts from engaging in meaningful judicial review of gags, it violated the First Amendment and the principle of separation of powers.
Even if Congress won’t stand up for the separation of powers, the judicial branch has not completely forgotten. And here we have a judge who does not think the words “civil liberties” are grounds to wash someone’s mouth out with soap.
I’m doin’ a little happy dance!
Update: H/T to Marcy who gave me a link to some of the mischief that has been going on with the National Security Letters. Oh, a judge’s work is never done. At least not during this adminsitration.



182 Comments





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1
HA HA HA!
Looseheadprop!
A good week for justice.
Holy bat sheiss!
great post!
Hooray for LHP and justice!
The eight hundred pound Gorilla in all these legal challenges to the police state is the SCOTUS. We will get a real “gut check” when the first challenges to the Unitary Exec hit the SCOTUS.
Steve-AR @ 6
LHP, Since the decisions will be appealed, can bush just run out the clock with delays?
“Trust but verify” as St Ronnie of Ray-guns proclaimed.
Too bad the Chimpenfuhrer and his fellow travelers missed the verify component.
Steve-AR @ 6
I wonder though if the Admin will back down pre-SCOTUS by trying to get Congress to give what the Court of Appeals would not.
Checks and balances. That’s what Democracy is all about. And we have had not much of either for a number of years. We must not let the Republicans again be in a position of appointing Supremes.
When you got something really, really bad to hide, stuff like “If we let you see this, we could go to jail for a long, long time.”, then playing “rope-a-dope” and stonewalling the Judge seems like the lessor of 2 evils.
looseheadprop @ 9
That seems to be the usual pattern; but the bottom line is, they won’t comply with an adverse court decision. The thing that really concerns me it the SCOTUS will start making rulings, on the appealed cases, that make the Exec power grab, Constitutional.
John Yoo is scheduled for an appearance at the Clinton School (Presidential Library) this week.
If it were not an 8 hour RT drive.. I would be there just to heckle him.
Mad Dogs @ 11
As opposed to Cthulhu? *g*
Steve-AR @ 6
SCOTUS will support the Unitary Exec every time. The Congress should never have allowed Scalito, and Roberts to be confirmed. Never…
IMO bush does not intend to leave office after his term is up.
Steve-AR @ 12
That seems to be the usual pattern; but the bottom line is, they won’t comply with an adverse court decision. The thing that really concerns me it the SCOTUS will start making rulings, on the appealed cases, that make the Exec power grab, Constitutional.
Then I guess we will see more of theose spoken opinion from Justice Ginsberg ( I LOVE LOVE LOVE her)
Eureka Springs @ 13
SOmething weird is going on at the Clinto Library. Tim Griffin got to do this speech there that was this ridiculous whining, windging “I just wanted to get back home to Arkansas” litany of excuses for the USA firings I have eve heard.
Why were they giving him a venue?
I made the comment a few ago out at the pool to Lahoma, that I was considering the possibility that it was the lawyers responsibility to right the ship of state. She said… “kiddo, the jury is still out, is my perception on that matter”. I know what that means. Basically, ‘back to the drawing board for me’.
Eureka Springs @ 13
That’s so wrong. I mean the the speaking engagement, not the heckling.
looseheadprop @ 17
Yeah why? That is so disturbing.
Yoo is a fascist motherfucker. Whoops. I need to be pc. Yoo is a fascist fatherfucker too.
looseheadprop @ 16
Justice Harlan’s dissent in Plessy was right, but it took 60’s years to begin to undo the damage of the majority opinion. If SCOTUS puts the stamp of approval on the shredding of the Constitution,we are in for bad times.
HRC is a lawyer. Do I find that comforting? Perhaps.
Crap like this is especially disturbing because it appears Clinton will get the nomination.
mui @ 20
I keep asking some locals to corner Skip Rutherford on this. Why is he allowing it and how much are they being paid for these speeches etc.??
Griffin cried and moaned endlessly for chris sakes and no questions were allowed from members of the press or audience.
Yoo and Rove (who recently passed through) aren’t even homeboys… I don’t get it at all.
Oklahoma kiddo @ 23
I don’t
Yoo teaches at Boalt, doesn’t he? Weird.
tbsa @ 24
Yo, if there is somebody else you would rather support; roll up your sleves and get that epson nominated!
lhp, I am sorry if I went to OT. Your post is wonderful news indeed. I love it when you are happy..)
looseheadprop @ 26
And neither do I.
Oklahoma kiddo @ 21
You’ve been listening to too much Arlo Guthrie’s Alice’s Restaurant!
Eureka Springs @ 25
Methinks something is rotten in the State of Denmark. are they “triangulating” again?
tbsa @ 15
Oh nonsense. The guy is aging 10 years for every 1. His bubble is down to Barney. After confusing OPEC with APEC and Austria with Australia, he can’t get off the stage fast enough.
He does want to leave on his own terms, and believes a good defense is a good offense. So even though it looks like he’s grabbing all the power he can, it’s just defense. He’s committed so many crimes he can’t possibly back down on anything.
And no, I’m not giving credit to a Dem Congress. Credit, when it finally comes out, will undoubtedly go to a few civil servants with consciences and the brains not to go the usual whistle-blower route (which now lands somewhere near Guatanamo).
looseheadprop @ 16
On Roberts and Alito, I’m certainly among the “suspicious”.
However, Scalia in some of his recent rulings does not appear to find the “Unitary Executive” a constitutionally-supported and legally-defensible position.
All in all, SCOTUS has not found that the Executive branch is all-powerful.
Could Roberts in the future be so persuasive that he convinces Scalia to bend to his will?
Only time will tell, but one might take a bet that future SCOTUS decisions regarding “Unitary Executive” stuff will fall on “insulted” ears.
“Whaddya mean we aren’t your equal? Feck you and go directly to jail!”
LHP
You never cease to amaze me. I love your humor and footnote #5 implies a wee bit of the Judge’s own humor and not a little annoyance.
Hot damn! Mayhap the steamroller has encountered an immovable object. The unmitigated gall of Addinton, Yoo, et.al. is appalling and so fundamentally dishonest and undemocratic that certain law schools might just want to consider the quality of the ‘product’ they’ve ‘passed’ on. Judge Walton, in anothercase,asyouwill no doubt recall,did somewhat more than hint that certain professors were full of it and pathetically self serving in a manner that brings shame upon the whole ‘profession’, old as it is. You are the best.
mui @ 19
Perhaps the purpose was the heckling. And Yoo imagines its because they love him.
Oh cruel irony…sigh! *g*
Biff! Bam!! Socko!!!
Da Judge be pissed.
Smooth move there guys.
Ann in AZ @ 31
I like that. ;0)
looseheadprop @ 32
*leaning forward, raise hand* How ’bout that caging, Mr. Griffin?
Yeah, and where exactly is Sen. Rocky now?
Where’s phase 2 of the Sen Intelligence Committee report on misuse of prewar intelligence?
Where is his goddam spine?
The Democratic pukes in Congress are making me sick.
Eureka Springs @ 29
Not to worry. Gooing OT myself.
Do you all have these Italina “feasts” in September, the way we do in NY?
Littleprop is off at a feast on a kind of “group date”.
Am doing the parental “wait up” waiting for her to come home.
I don’t know how my parents did it!
looseheadprop @ 28
Yo, I have been an elected member of my central committee for 5 years, I have protested with m fellows, I have attended naturalization ceremonies and registered new voters. I have put together many a registration drive. I am tired of working my ass off to help elect people that don’t mind being complicit in the shredding of the constitution. I love Big Dog and even HRC, but I will not be happy about voting for her. And I am sick of voting for less than this country deserves. It’s time for real leadership, unfortunately it’s no where in sight.
Oklahoma kiddo @ 27
I’m still hoping to sometime see Joanie Caucus Redfern leading a protest at her alma mater against Yoo.
If these challenges do not survive SCOTUS it is another reason to expand the court once the folks in the gray hats take over. I wonder if they’ll be up to it?
Drat! Me @
Brain-finger synapse gone haywire: Preview, preview ect. ect. should be commas not ‘?’!!!
Aren’t the conservatives supposed to be ’strict constructionists’. Has my reading of the definitions failed me?
LHP, I’m so excited! This was part of the subject covered by the panel from the Center for American Progress that I watched last week. They covered things like how this Administration is disallowing Congress enough information to do their job of oversight, and they said how it is not up to the Executive Branch to tell the Legislative Branch who can hear classified information and who can’t, just as it’s not normally up to the Congress to tell the Executive Branch who should get Security Clearance to be privy to classified information. One former member of congress expanded on what had previously been said by saying that “Congress does not have to ask the Executive Branch permission for anything. Period!” I may have paraphrased ever so slightly, but I really think that’s a quote. It was really a good panel, and they said that transcripts and video would be available on their website. If you can locate it, I would recommend the program emphatically. Here’s a link to the website.
Ann in AZ @ 31
you should see what is buried in my backyard ;)
Never let it be said that Alice’s Resaurant is OT on a legal thread:
the twenty seven eight-by-ten color glossy
pictures with the circles and arrows and a paragraph on the back of each
one explaining what each one was to be used as evidence against us.
First year Evidence class.
And that’s not even mentioning the foundational requirements run into by Officer Obie when he encountered the Judge “with the seein’-eye dog”.
realworld @ 44
I think it is the “Black is White” thing. Just look at the rulings of the “conservative” SCOTUS from ~1890 to 1930’s. Reactionary courts are quite activist.
Naughty FBI boys and girls: Very Naughty
Congress cannot LEGALLY make laws counter to what the Constution says. They’ve done so, or tried with the Habeas & the latest FISA bill, but they are both unconstutional.
Wrong Quote @ 50
Does anyone have any idea how many years it will take to repair the damage done to the DOJ and the reputation of the legal community in just seven short years by the Bush mob?
jayt @ 49
Alice’s Resteraunt is a thanksgiving classic in my family. we all sing it in portions.
Kathy/Fozzetti @ 52
Only if SCOTUS says it’s un-Constitutional. The Republican Party has subverted all three branches of govt. It’s going to be a near thing to get out of this mess.
Oklahoma kiddo @ 21
‘Yoo’ said it
;>)
AZ Matt @ 51
Uh Matt? That’s the link that LHP has at the bottom of her post with the h/t to Marcy.
Did you really think she would miss an article that much to the point? :})
How could even SCOTUS claim the Habeas Law legal? I really want to know, not being snarky. I still can’t understand how it was passed in the first place.
dakine01 @ 58
Only skimmed thru, been gone all day.
lhp, Steve-AR is the central AR expert these days. I really only remember a Greek food festival.
*as he exits for a snack*
looseheadprop @ 55
Alice May Brock’s Cookbook is pretty good also.
Oklahoma kiddo @ 54
This is where I pick up on Jim Comey’s concerns. It willtake years.
I like to imagine Gore as the next President, placing all DOJ hires’ dating from 2003 on leave, and having them re-apply for their jobs. Just daydreaming. Then he’ll give everyone a unicorn or a dragon, whichever they prefer.
Eureka Springs @ 13
Speaks volumes about Bubba being GOP-lite.
A real progressive Democrat wouldn’t let anything with his name on it to be sullied by a scumbag like this.
Everyone in the USA, that is, NOT the DOJ.
Marcy must be crying in her beer – the Michigan Wolverines lost to Oregon Ducks 39 to 7.
Kathy/Fozzetti @ 59
The same way they were able to contort themselves into that dreadful Bush v Gore per curiam decision.
BTW, I emailed both of my Senators on Monday with a request that they push for Comey as AG. I wanted to tell them looseheadprop sent me but I decided against it at the last minute.
I simply cannot understand the ’stance’ of attorney-profs such as Yoo. Their notions are so glaringly counter to the genuine principles (note that I did not say ‘values’)that this nation and its people have historically stood for (however compromised), that they might as well have been promulgated during the reigns of Hitler or Stalin. What is the matter with the msd’s (mainstream democrats) that they are willing to simply pretend that ‘business as usual’ will out. Hopefully judges such as Kennedy and Walton will push back with vigor and serious anger, realizing that the Constitution is indeed, on the line.
Dakine01 and Az Matt
Did you really think Marcy would miss an article that much on point?
me. I’m clueless.
But I’m smart enough to be friends with EW
Oklahoma kiddo @ 54
As Earl Warren said, I think the plan is “Not in your lifetime.”
AZ Matt @ 67
I’d wager she is a Spartan :)
looseheadprop @ 9
LHP,
Thanks again for continuing to unravel the mysteries of these legal manoevres for us!
I find it odd that the WH would rely on a Democratic-Party-controlled Congress to get what it wants, rather than the Courts, which supposedly had been stacked in its favor. My impression is that the WH has figured out that they are NOT going to get what they want from the courts, and as long as Congress rolls over for them like the day before the August recess, why not? Until the Congressional Democrats develop some backbone, that seems to be the easiest way.
Bob in HI
Eureka Springs @ 61
Yeah, but is that snak zeppoli?
Kathy/Fozzetti @ 59
If I remember correctly, SCOTUS has yet to review and rule on the cases involving the recent Habeaus revisions.
LHP, jump in if you wish. I “think” SCOTUS is in fact going to be dealing with this after their summer recess.
Fingers crossed as to how they’ll rule.
looseheadprop @ 71
To be honest, I was going to link to it myself way up thread until I double checked j-u-s-t to make sure.
Under the best of circumstances. It will take years of exemplary operation. If another slash&burn squad like Yoo and Bush and Gonzalez get back in charge, the DOJ’s role as a political persecution office may become standard paradigm.
David W. Bartoo @ 70
You wanna really have fun?
I’ve been re-reading books on Stalin and Hitler and I gotta tell you, there aren’t many differences in style betw those two monsters and this criminal in the WH.
September 8th, 2007 at 6:56 pm
tbsa at #42 says:
Well, I haven’t seen any pitchforks and lanterns in the streets, so maybe it is what this country deserves. Apathy will get us exactly where we are today!
looseheadprop @ 75
San Gennaro next weekend LHP?
RonD @ 78
IIRC Comey said once the genie had been let out of the bottle, it would be almost imposible to repair the damage.
bobschacht @ 74
Yeah, but SCOTUS is last resort. And when you give someone lifetime tenure, you’ve got very little to hold over them. It make lots of sense to try to roll over Congress first (and they have certainly been obliging).
dakine01 @ 77
Marcy certainly misses little.
James @ 70
True, that! Would that others understood.
Whoa guys, earthquake here in SoCal.
David W. Bartoo @ 85
I find you @ 70, but I’ll guess you’re referring to the Hitler / Stalin stuff. Some of us have seen that for a long time. And some of us have understood that if that’s what he wanted to do, his opportunity came in 2003 or 2004. Now it’s too late.
Mad Dogs @ 34
This is exactly right. Roberts and Alito might have licked Bush’s boots when they were underlings in the Administration, but they’re on the Supremes now, so they only shoot themselves in the foot if they affirm Unitary Executive pleadings.
Bob in HI
Loo Hoo. @ 86
yeah? You ok?
Steve-AR @ 50
Just look at the Berger Court especially Chadha
Loo Hoo. @ 86
Just rattle dishes or heavier than that?
Does anyone think the day will finally come when Bush faces heavy duty hearings?
Ann in AZ @ 80
Every Friday members of Peace Fresno stand on a very traveled on corner of the city in protest of the war. True we don’t use pitchforks and lanterns. But at least we’re doing more than sitting in front of a keyboard.
Yeah, I’m fine, just a good jolt here in N. San Diego County. Could be damage elsewhere depending on where it shook.
Loo Hoo, are you and yours ok?
Good article LHP. I don’t have much hope in the courts, because I fear the SCOTUS greatly, but I hope to be proved wrong. And it is nice to see that some judges can still read the Constitution.
Nice catch on the footnote too. Hah! That sort of arrogance is amazing – messing with judges like that is not smart.
AZ Matt @ 67
SHHHHHshhhhh! don’t shout it
Fine, thanks Ron. Just always scarey.
GordonM @ 87
this has been going on since Raygun, the expansion of the national security state and the executive at the expense of freedom and the people.
I don’t think it’s too late for them, Gordon, and I’m not so comfortable with Rove running around unaccountable (not that anyone held him accountable before this either) the year before a very, very important election.
Really good article, LHP. There are fleeting rays of hope!
Eureka Springs @ 69
Who are your senators?
Loo Hoo. @ 86
For those interested in a realtime report: Latest North America Region Earthquakes
looseheadprop @ 75
Greek and Jewish…There is no ethnic Italian culture in AR..There was a community in SE AR but that has pretty much dissipated. My experience with “Italian food festivals” was from the ten years that I lived in Boston and the North End.
Ann in AZ @ 47
Which link were you looking at? What you describe sounds like what I was watching (a panel including Morton Halperin) but I don’t see it at your link.
Bob in HI
Earthquake.
ccmask @ 92
I doubt Bush will make it to the end of his term. Again, I give no or minimal credit to Congress. But at this point I am sure there are multiple civil servants in the executive branch who are very, very carefully getting the evidence out, and a few people in Congress who know how to use it. Rove did not leave to spend more time with his family. Gonzo did not leave because his wife told him to.
Gordon @ 87
I would suggest that considerable damage has already been done and if we(?!!) attack Iran it will be decades, if ever, before the US is regarded as anything but a brutish, selfish society, hell bent on world domination and damn the consequence.
Apologize to all for brain synapse malfunction, have had horrendous cold for days and brain feels thick as a brick.
Loo Hoo. @ 86
4.0
7:34pm
41 km (26 miles) SW (234°) from Camp Pendleton South, CA
44 km (28 miles) WSW (252°) from Carlsbad, CA
45 km (28 miles) W (263°) from Encinitas, CA
46 km (29 miles) WSW (239°) from Oceanside, CA
61 km (38 miles) WNW (293°) from San Diego, CA
GordonM @ 106
I wonder. Given what we already know, which hasn’t had much effect, it would have to be something really truly visceraly repulsive, not just something illegal. Illegal isn’t a problem, because who’s going to prosecute?
Don’t confuse Bush with the real danger. Bush is a psychopathic puppet. The Federalist Society lawyers and judges are the “true” believers. Bush will be thrown on the scrap heap of history but the Roberts’ and Alito’s will be subverting the Constitution for years to come.
AZ Matt @ 67
Omigod. Two in a row, with unranked(?) opponents scoring more than 30 points? The Michigan defense must have major problems this year.
Go Blue!
Bob in HI
Michigan ‘73
lhp -
Always good to see your posts – especially nice to see it carries good news, for a change.
These rulings restore some of my faith in the legal system.
Good luck, btw, on the “waiting up”thing. Didn’t realize Littleprop had reached that age.
As to festivals, well, Boston had some smaller versions of the Italian ones; not enough of an Italian population here in San Antonio. Now, fiestas, that’s another thing. *g*
Loo Hoo. @ 94
USGS is showing about a magnitude 4 off the coast 25 miles.
“Does anyone think the day will finally come when Bush faces heavy duty hearings?”
I do.
Bush & Cheney will spend the rest of their lives under indictment or ideally, in prison.
Secret detentions are illegal anywhere in the world. Bushie’s CIA chief was openly bragging last week that the U.S. had done less than one hundred secret detentions.
GUILTY.
james @ 99
james – who is going to do the dirty work?
In E Germany, at least 1 in 50 were on STASI’s payroll. Our military is very busy elsewhere. The DoJ and DHS are woefully understaffed. Rove is not a magician. He was never accountable, and now he can only pull levers by prevailing on others. And most of the GOP hate his guts now, because his strategy has fractured the base.
If it’s going to happen, tell me, WHO is going to do the dirty work?
looseheadprop @ 101
Steve-AR @ 6
It will feel more like a kick in the balls, I predict. Justice Alito is one of the early theorists of the Unitary Executive non-sense. That this was only touched lightly upon in the confirmation hearings is tragic.
Steve-AR @ 62
So were Alice B Toklas brownies!
Teddy!!!
I have missed you, bud!
james @ 81
You and mem baby? I love St. G. I love goin going to Cha Cha’s for a coppa Cha Cha
HAzelnut gelatto and amerini cherries.
To die for!
Loo Hoo. @ 119
Yes, me too! Where ya been hanging?
Loo Hoo. @ 94
I’m in South OC and didn’t feel it, so either your on top of it, or it is south and/or east of you…
actually San Diego County is the least active earthquake county in the state with the lowest potential for a bad earthquake due to a minimum of faults…
Imagine how much fun it will be if Bush hearings are anything like the Watergate hearings?? Booyah
GordonM @ 106
I wish I thought so. Your last 2 sentences I agree with – we may find out why someday. But Bush not making it – unless he explodes from the internal contradictions of his “dead certain-ties”, I don’t see how. Congress would have to grow a real spine real quick to impeach/convict him. But thanks for the optimistic take.
Thanks, Old Coastie,
It was just a good jolt. Some rattling of glass and hanging ornamentals swung. All okay, 4.0.
GordonM @ 106
Bush makes no decisions and has little effect on policy..he rides his bike and get his ego fluffed and is told he is the decider. The folks who are calling the shots are staying out of the lime light. Ed Gillespie took out Rove and Gonzo; big business is getting very nervous. Rove was nothing but a bit player no matter how much “we” blamed him for the evils of our time. When he became a problem, he was gone.
Loo Hoo. @ 125
sounds like what we had last weekend (gotta be a different fault though – guess things are just rearranging themselves a bit)
Bush sure got old but I got older than him.
ccmask @ 123
Should be much better than Watergate. Look at all of the crimes! Watergate was simply a burglary and cover-up.
OldCoastie @ 122
See here for the Shakemap. Looks like mostly the immediate coastal areas were shaking.
BTW ….
Game over. The Yankees win. THHHHHHHHUUUUUUUUUHH
YANKEEES WIN!
A-Rod becomes the first American League righty to hit 50 home runs in 3 seasons, and sets the record for single season HR for AL 3rd basemen.
Dice-Kay gets bombed in Boston. Can you say 5 1/2?
Gordon
The nasties are pretty well-established throughout the governmental structure from supreme court to military esp air force. I do not expect them to go quietly away, and them what do WILL BE BACK. The thugs now in power (Cheney et.al.) are Nixon retreads and as James said earlier, ‘Not in your lifetime.’ about sums it up. But I appreciate your optimism. Hope you are right. The young
rethugs seem happy to carry on the tradition, it would seem, however, so I am not so sanguine.
BigMitch @ 117
Don’t forget Roberts and Fred Fielding and Gorsuch(?).
David W. Bartoo @ 107
That is (at least partially) true (if we demonstrate a different direction in 2008, we’ll get at least some forgiveness).
And there’s no question in my mind that the economic consequences of this administration will be very, very severe (we lose superpower status, at the least, and maybe even major power status).
But both of those outcomes are very, very different from becoming a dictatorship. In fact, the economic trouble ahead are likely to be the reason we fix a lot of our political problems. Nothing wakes Americans up like a good depression. In fact, it’s on the economy and only the economy that Americans (a) get motivated to vote and (b) form their own opinions instead of swallowing the crap fed to them from above.
Teddy, Teddy, Teddy!!!
Hubba hubba hubba
Ian Welsh @ 96
We must remember, Congress is not the only other branch of government that is being usurped by this Administration. The courts, at least, the lower courts seem pretty cognizant of the Presidential overreaching and how it’s affecting democracy overall. Let’s hope they don’t blink and that SCOTUS comes to the same conclusions. But haven’t they already made some decent decisions about torture and habeas in a few cases? Hamdan?
OldCoastie @ 122
Hmm. Guess that depends on how you define “faults”. *g*
looseheadprop @ 120
My favorite NYC tradition.
There’s also a great little Italian place on W 71 just east of Columbus Cafe La Fortuna…nice little garden out back, nice pastries and wonderful cannolis.
Open until at least midnite every night.
darkblack @ 57
This is the small version, DB. Last night it was scarier!
LHP – woohoo, always love reading your posts and threads.
g’evening all (no dive – getting ready for nana white gloves’ visit)
Loo Hoo. @ 129
You are the victim of Republican revisionist history. The charges that were approved in the House judiciary committee included waging an illegal, secret war in Cambodia.
Steve-AR at 126:
“Bush makes no decisions and has little effect on policy..he rides his bike and get his ego fluffed and is told he is the decider. The folks who are calling the shots are staying out of the lime light. Ed Gillespie took out Rove and Gonzo; big business is getting very nervous. Rove was nothing but a bit player no matter how much “we” blamed him for the evils of our time. When he became a problem, he was gone.”
Honestly, tempting as it is, I don’t think that’s really true. I think he’s very influenced by Cheney, but otherwise, all the reports seem to suppor the view that everyone else is afraid of him, won’t tell him anything he doesn’t want to hear, and he does make final decisions, no matter how poorly reasoned.
It’s hard to know, but I think Bush-as-pure-puppet is too simplistic an explanation.
james @ 138
I love NYC…
looseheadprop @ 135
Thanks for filling in last Sunday, LHP! It’s nice to be back at the soothing shores of the ‘lake.
bobschacht @ 104
I didn’t see it in my link this time either. It was on the website the last time I visited a few days ago though, so I figure it’s there somewhere. It is the same program. Were you as impressed as I was? I want to see the video or at least the transcript they talked about at the end of the show, but so far I haven’t found it.
Oops got a little carried away about Teddy’s return.
On a related topic:
Littleprop has returned home from the feast.
Her mother will celebrate by going to sleep now. Gotta go to the office and write a pleading tomorrow.
Please go to town on the thread in my absence!
GordonM @ 134
We still don’t know how far along the road to a dictatorshipr we’ve gone because Bush has issued numerous secret executive orders. Knowing how complacent the fascist GOPers in congress have been I wouldn’t be surprised that, even if they knew about really ghastly orders they would have said anything about it.
Why all the secrecy if they haven’t already implemented things we don’t know about yet?
tejanarusa @ 142
I think he can be manipulated very easily, but not controlled. He seems to have become increasingly attached to power – being the decider – even if he is not given all the information.
Suzanne @ 140
Hey, Suzanne!!!
Welcome home Teddy, did you bring us some snark? *g*
Gordon.
Re your thoughts regarding economy. Such conditions, which Grace Lee Boggs, who is old enough to remember, says we have not seen since the thirties, are ripe for demagoguery, so, once again, I remain VERY CONCERNED. But, I truly hope you are right. I will gladly admit to being wrong when evidence warranting such an admission is at hand.
GordonM @ 115
I think it has to be the international community. It is an international problem and I believe there are stronger humanitarian beliefs in Asia and Europe.
looseheadprop @ 146
G’nite lhp.
GordonM @ 137
HEY!!
hey james
g’nite lhp
teddy, nice to have ya back from the wrong coast.
james @ 138
Some of us know how to have fun………..
Good Night LHP
And thanks, again. Being a parent requires nerves of steel and a very hardy constitution.
Goodnight, lhp. Dunno how you squeeze all this writing and research in with your work for your day job. Thanks for a great piece.
I wonder if Hagel is resigning to run for president, or is it too late for 2008?
Big Mitch, re: Cambodia, why were there no charges of war crimes?
ccmask @ 159
The Irony never stops does it? Senator Diebold himself for President…
“My favorite NYC tradition.
There’s also a great little Italian place on W 71 just east of Columbus Cafe La Fortuna…nice little garden out back, nice pastries and wonderful cannolis.”
You guys are making me nostalgic for a couple of places in Boston’s North End, from the 70’s and 80’s, anyway. I’d assume they’re still there, but don’t know. Cannoli, Italian pastries and cookies of immense variety, and cappucino in ‘authentic’ little cups. Old Italian-American guys sitting around drinking espresso, apparently having been in their spots for at least a couple of decades…
Now, where I did stash my cannoli tubes?
looseheadprop @ 146
Thanks! *aims spitball at Suzanne*
Thanks for the good news LHP.
ccmask @ 159
I think he said he was not running for prez – completely retiring… don’t know to what.
Oklahoma kiddo @ 27
Weird in what way? Yoo is an important scholar. The fact that he is dead wrong in every way doesn’t make him less important.
And he can do a lot less damage at Boalt that he could at DOJ or on the D.C. Circuit.
ccmask @ 159
Hagel’s people are saying he’s not going to run for president. News Monday mid morning.
ccmask @ 159
What? What? I’ve been at work all day – is this idle speculation, or did I miss something while slaving away?
tw3k @ 152
Blackwater is now a defense department component….it is not only made up of American mercs, there are international killers in there also.
As a former member of what would be considered a special ops group, I know the mindset of most of them when it comes to people who they consider threats to the US. Liberals and DFHs have been demonised for long enough for a lot of them to consider us a homegrown threat.
Then there are the armed robots that DHS has been providing to urban police forces for use in national emergencies.
Interesting that national emergeny is turning up in executive orders and directives and memos from the Defense Department in the past 6 months.
There are plenty of people who Blackwater can recruit to do the dirty work and if it’s phrased just the right way, I’m sure recruits can be found all along the east coast from Delaware to Florida in the wacko Bible Belt communities.
Suzanne @ 140
Bonne Soir, Ma Cheri!
LATE NITE
looseheadprop @ 156
Um James, does your wife ever refer to you as Jamie?
If so, let me know an Iwill cllher and organize a gelatto expidition for all of us.
The baby too
james @ 147
They implemented lots we don’t know about! Heck, they issued 140,000 NSL’s, which I take to mean that they have sifted through billions (yes, billions) of electronic communications. Everything every one of us has sent through the internet or the phone system for years.
But he does not have the people to do anything with it. He has a few thousand people willing to do anything he says at any time. But he needs a few million. And that’s based on countries like E Germany which did not have a 2nd amendment.
I’ve been accused in this thread of being an optimist. Well, I’m not. As an economic power, we’re toast. But that does not mean that we will be a dictatorship. We won’t. Most of the people who elected Bush (and I mean came close enough to cheat for the rest) will turn on him if he tries it.
tejanarusa @ 167
No, he is retiring.
burnspbesq @ 165
Umm, I’m finding it a little hard to follow how being “wrong in every way” doesn’t make anyone less “important.” Do you see value in his theories or methods of reasoning? If they lead to such utterly wrong, and wrong-headed conclusions, how can the author of the theories be an ‘important scholar?” Do me, that does not compute.
Welcome home, Teddy!!
james @ 168
But james, that’s the point. If it were to be real, they would have had to start recruiting years ago. Turning even wacko Bible Belt wackos who hate DFHs into people who will kill on orders takes some serious brainwashing.
GordonM @ 176
Eliminationist rhetoric has been common for a long time. A lot of people think that the left is a fifth column. I honestly believe they would be thrilled to go on liberal hunts. You don’t need a lot, a few hundred thousand is sufficient – it’s not about keeping a police state, it’s about the terror that starts a dictatorship. What you do is put out “enemy” or proscription lists and say they’re wanted dead or alive. Wouldn’t work right now, because Bush is hated so much, but it would have worked 3 years ago.
And it’ll work for the next Republican president. Bush didn’t have the guts, and now he’s lost the army, and they’ll put down the wingnuts if necessary (and plant Bush too, if he gives them a clear excuse). But it was closer run than people think, a few years ago the army would have done no such thing.
Remember, to these people lefties are Traitors. They don’t use that word casually, they know what it means. The penalty for treason… is death.
Ann in AZ @ 145
Yes, I was impressed. Congress HAS the power. Now, will they use it? Please?
Bob in HI
David W. Bartoo @ 35
Hear! Hear! We Love lhp & judge walton!
And your 2nd amendment has done you what good so far, other than serving as the basis for onanistic fantasies? You can’t even get a good riot together. The idea that you could conduct an armed resistance is frankly hilarious — sheer wind and piss.
tejanarusa @ 112
Hi, Tejana – agree that SA has a smattering of good Italian eateries, but no concentrated “Little Italy” – now, Mexican food, that’s another issue. No area north of Hwy 46 knows how to cook good Tex Mex.
Marilyn in San Antonio
Geez, these guys with their appallingly-written opinions – no wonder they won’t let anyone see ‘em. They remind me of the adolescents I’ve known (been?) who will expend infinite amounts of energy trying to go around a rule , when walking right up and acknowledging it will let them pass.
A much smarter President found his way through FISA for Bosnia. Most adolescents eventually grow up, but not these guys.
Love your posts, lhp. You go!