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	<title>Comments on: Feingold&#8217;s Secret Government Law Hearing</title>
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		<title>By: OleHippieChick</title>
		<link>http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419467</link>
		<dc:creator>OleHippieChick</dc:creator>
		<pubDate>Thu, 01 May 2008 00:19:56 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419467</guid>
		<description>&lt;p&gt;Bless all you smart people. You are a pleasure to read and you bring us hope for the restoration of the Constitution.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Bless all you smart people. You are a pleasure to read and you bring us hope for the restoration of the Constitution.</p>
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		<title>By: selise</title>
		<link>http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419461</link>
		<dc:creator>selise</dc:creator>
		<pubDate>Thu, 01 May 2008 00:15:52 +0000</pubDate>
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		<description>&lt;p&gt;thank you!&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>thank you!</p>
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		<title>By: mmanion</title>
		<link>http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419419</link>
		<dc:creator>mmanion</dc:creator>
		<pubDate>Wed, 30 Apr 2008 23:42:47 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419419</guid>
		<description>&lt;p&gt;Certainly didn’t mean to mischaracterize.  Frankly, based on what we’ve observed it appears that there are no repercussions for OLC lawyers rendering  questionable legal opinions, so I felt I was on pretty safe ground and had no intention of raising your hackles.  I think you took my comments a little too seriously–did you miss the line about making it illegal to be a smarmy toady? Thought it was pretty clear that I was being tongue-in-cheek. Sheesh!&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Certainly didn’t mean to mischaracterize.  Frankly, based on what we’ve observed it appears that there are no repercussions for OLC lawyers rendering  questionable legal opinions, so I felt I was on pretty safe ground and had no intention of raising your hackles.  I think you took my comments a little too seriously–did you miss the line about making it illegal to be a smarmy toady? Thought it was pretty clear that I was being tongue-in-cheek. Sheesh!</p>
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		<title>By: prostratedragon</title>
		<link>http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419386</link>
		<dc:creator>prostratedragon</dc:creator>
		<pubDate>Wed, 30 Apr 2008 23:19:49 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419386</guid>
		<description>&lt;p&gt;Below’s another reference to the practice of rendition by the CIA during the Clinton administration, a single long paragraph from two members of that administration, which is pretty much all that they have to say about it in the book. As they relate it, rendition in the 90s was a process of bringing individuals to trial, not of contracting out their interrogation.&lt;/p&gt;
&lt;p&gt;Clearly, in some of the third party cases prisoners might have been liable to what we would consider abusive detention, but if what Benjamin and Simon (or Scheuer for that matter) say is close to the truth, it strikes me as a slender reed for “justifying” the degree of Congressional resistance to calling &lt;i&gt;anyone&lt;/i&gt; on the carpet for &lt;i&gt;anything&lt;/i&gt;; but then, I guess I’m far enough along in life to conclude that I’m less risk averse about some things than some people are.&lt;/p&gt;
&lt;p&gt;Herewith (all emphasis theirs):&lt;br /&gt;
David Benjamin and Steven Simon, &lt;i&gt;The Age of Sacred Terror&lt;/i&gt; 2002, p.251:&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;
As fears about terrorism rose, the CIA also began to innovate. Its most  important step was to vastly increase the number of “renditions” it carried out. &lt;i&gt;Rendition&lt;/i&gt; is a term of art for the apprehension and transfer abroad, outside the system of legal extradition, of an individual who is wanted for terrorism or other crimes. Renditions may be done for a number of reasons: the country in which  the suspect is found may not have an extradition treaty with the United States, yet may wish to cooperate with Washington; or, more often, the country in question is easger to avoid the publicity that extradition would entail. Before the Clinton administration, there had been only three renditions to the United States. Beginning in 1993, renditions became a boom industry for the CIA: in July of that year, Mohammed Ali Razaq, who helped hijack and EgyptAir plane with Americans aboard in 1985, was rendered from Nigeria. In February 1995, Ramzi Yousef was rendered from Pakistan. Also in 1995, Yousef’s associates Abdul Hakim Murad, Eyad Ismoil, and Wali Khan Amin Shah were all brought to the United States. The CIA also stepped up its assistance in renditions between other countries. In these cases, the Agency helped other governments identify terrorists, even entire cells, operating within their borders. The terrorists would be detained and, with logistical help from the United States, delivered to a third coutnry for trial. These operations were kept secret so that the country in which the terrorist was found, or the one he was delivered to, or both, were protected from charges that they were acting as lackeys of the United States. By 1997, the number of renditions grew as more countries, especially in the Islamic world, recognized that individuals within their borders represented a serious threat to their own security.
&lt;/p&gt;&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p>Below’s another reference to the practice of rendition by the CIA during the Clinton administration, a single long paragraph from two members of that administration, which is pretty much all that they have to say about it in the book. As they relate it, rendition in the 90s was a process of bringing individuals to trial, not of contracting out their interrogation.</p>
<p>Clearly, in some of the third party cases prisoners might have been liable to what we would consider abusive detention, but if what Benjamin and Simon (or Scheuer for that matter) say is close to the truth, it strikes me as a slender reed for “justifying” the degree of Congressional resistance to calling <i>anyone</i> on the carpet for <i>anything</i>; but then, I guess I’m far enough along in life to conclude that I’m less risk averse about some things than some people are.</p>
<p>Herewith (all emphasis theirs):<br />
David Benjamin and Steven Simon, <i>The Age of Sacred Terror</i> 2002, p.251:</p>
<blockquote><p>
As fears about terrorism rose, the CIA also began to innovate. Its most  important step was to vastly increase the number of “renditions” it carried out. <i>Rendition</i> is a term of art for the apprehension and transfer abroad, outside the system of legal extradition, of an individual who is wanted for terrorism or other crimes. Renditions may be done for a number of reasons: the country in which  the suspect is found may not have an extradition treaty with the United States, yet may wish to cooperate with Washington; or, more often, the country in question is easger to avoid the publicity that extradition would entail. Before the Clinton administration, there had been only three renditions to the United States. Beginning in 1993, renditions became a boom industry for the CIA: in July of that year, Mohammed Ali Razaq, who helped hijack and EgyptAir plane with Americans aboard in 1985, was rendered from Nigeria. In February 1995, Ramzi Yousef was rendered from Pakistan. Also in 1995, Yousef’s associates Abdul Hakim Murad, Eyad Ismoil, and Wali Khan Amin Shah were all brought to the United States. The CIA also stepped up its assistance in renditions between other countries. In these cases, the Agency helped other governments identify terrorists, even entire cells, operating within their borders. The terrorists would be detained and, with logistical help from the United States, delivered to a third coutnry for trial. These operations were kept secret so that the country in which the terrorist was found, or the one he was delivered to, or both, were protected from charges that they were acting as lackeys of the United States. By 1997, the number of renditions grew as more countries, especially in the Islamic world, recognized that individuals within their borders represented a serious threat to their own security.
</p>
</blockquote>
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		<title>By: dakine01</title>
		<link>http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419326</link>
		<dc:creator>dakine01</dc:creator>
		<pubDate>Wed, 30 Apr 2008 22:18:58 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419326</guid>
		<description>&lt;p&gt;FWIW, Yoo was already a tenured Professor at Boalt Hall before taking a leave of absence to join the Bush administration.&lt;/p&gt;
&lt;p&gt;And my understanding is it is even more difficult to get rid of tenured staff in the California system than it is in most other states.  And it is quite difficult and time consuming to remove tenured staff in most universities.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>FWIW, Yoo was already a tenured Professor at Boalt Hall before taking a leave of absence to join the Bush administration.</p>
<p>And my understanding is it is even more difficult to get rid of tenured staff in the California system than it is in most other states.  And it is quite difficult and time consuming to remove tenured staff in most universities.</p>
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		<title>By: Christy Hardin Smith</title>
		<link>http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419321</link>
		<dc:creator>Christy Hardin Smith</dc:creator>
		<pubDate>Wed, 30 Apr 2008 22:16:25 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419321</guid>
		<description>&lt;p&gt;No, you are misunderstanding and mischaracterizing what I said.  What I said was that I was not certain what, if any, penalties applied because I would need to know exactly (a) what the ethics laws in the jurisdiction said for whatever particular attorney we are speaking about (assuming it’s Yoo, that would be PA, where I do not practice and therefore I don’t have them memorized so I’d need to research them before speaking off the cuff); (b) I’d have to review the case law involving government lawyers, opinions, enforcement and other related matters because, again, I don’t exactly have every related case memorized either; and (c) there would also be questions which were a matter of evidence, law, and fact which would have to be examined in each document at issue and regarding the drafting thereof which, again, I don’t know all of so it’s difficult to say for absolute certainty that, indeed, any particular law or sanction would absolutely apply.&lt;/p&gt;
&lt;p&gt;When I know an answer, I give it.  When I don’t know an answer, I’m clear about why I don’t know it and what I’d have to look at to come closer to knowing, which I was above.  What I did not say was that there should be no sanction — or that there is none — because I don’t know that for certain, either.  If you read what I wrote at 33 more carefully, you’ll see that — especially as I finished my answer by saying:  “So, honestly? The answer is I don’t know…but as I have time to dig through as much of this as is publicly available, I’ll see if I can find some measure of answer…”  which I think is a very clear indication that I do not know the answer for certain because I have to look at that whole list of things that I just reiterated.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>No, you are misunderstanding and mischaracterizing what I said.  What I said was that I was not certain what, if any, penalties applied because I would need to know exactly (a) what the ethics laws in the jurisdiction said for whatever particular attorney we are speaking about (assuming it’s Yoo, that would be PA, where I do not practice and therefore I don’t have them memorized so I’d need to research them before speaking off the cuff); (b) I’d have to review the case law involving government lawyers, opinions, enforcement and other related matters because, again, I don’t exactly have every related case memorized either; and (c) there would also be questions which were a matter of evidence, law, and fact which would have to be examined in each document at issue and regarding the drafting thereof which, again, I don’t know all of so it’s difficult to say for absolute certainty that, indeed, any particular law or sanction would absolutely apply.</p>
<p>When I know an answer, I give it.  When I don’t know an answer, I’m clear about why I don’t know it and what I’d have to look at to come closer to knowing, which I was above.  What I did not say was that there should be no sanction — or that there is none — because I don’t know that for certain, either.  If you read what I wrote at 33 more carefully, you’ll see that — especially as I finished my answer by saying:  “So, honestly? The answer is I don’t know…but as I have time to dig through as much of this as is publicly available, I’ll see if I can find some measure of answer…”  which I think is a very clear indication that I do not know the answer for certain because I have to look at that whole list of things that I just reiterated.</p>
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		<title>By: mmanion</title>
		<link>http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419298</link>
		<dc:creator>mmanion</dc:creator>
		<pubDate>Wed, 30 Apr 2008 21:41:28 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419298</guid>
		<description>&lt;p&gt;So, if I’m understanding this correctly, the only thing OLC lawyers risk by writing opinions that suggest it is okay for the executive branch to break the law is their reputation?  Being exposed as an author of the notorious toture memos hasn’t seemed to hurt John Yoo’s career much (shame on Berkeley).  Since Congress is still ostensibly the “legislative” branch, couldn’t we just convince them to write legislation making it officially illegal to be a “smarmy toady?” Guess that wouldn’t work, since the OLC could just write a memo exempting the pres and his peeps from that law, too.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>So, if I’m understanding this correctly, the only thing OLC lawyers risk by writing opinions that suggest it is okay for the executive branch to break the law is their reputation?  Being exposed as an author of the notorious toture memos hasn’t seemed to hurt John Yoo’s career much (shame on Berkeley).  Since Congress is still ostensibly the “legislative” branch, couldn’t we just convince them to write legislation making it officially illegal to be a “smarmy toady?” Guess that wouldn’t work, since the OLC could just write a memo exempting the pres and his peeps from that law, too.</p>
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		<title>By: mmc9431</title>
		<link>http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419164</link>
		<dc:creator>mmc9431</dc:creator>
		<pubDate>Wed, 30 Apr 2008 19:22:29 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419164</guid>
		<description>&lt;p&gt;Did all these people forget the oath they swear to? I thought they all &lt;strong&gt;swear to uphold the Constitution&lt;/strong&gt;, not lurk in corners to find ways to circumvent it. I truly hope that which ever Dem is the next president, that they continue after these people and clean up all these departments that have been absolutely destroyed. These actions can’t be allowed to be buried under the rug.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Did all these people forget the oath they swear to? I thought they all <strong>swear to uphold the Constitution</strong>, not lurk in corners to find ways to circumvent it. I truly hope that which ever Dem is the next president, that they continue after these people and clean up all these departments that have been absolutely destroyed. These actions can’t be allowed to be buried under the rug.</p>
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		<title>By: JamesJoyce</title>
		<link>http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419145</link>
		<dc:creator>JamesJoyce</dc:creator>
		<pubDate>Wed, 30 Apr 2008 19:03:44 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419145</guid>
		<description>&lt;p&gt;Silent Americans???    Silent Germans????   “Silence like cancer,  grows…”&lt;/p&gt;
&lt;p&gt;Our society is loaded with cancerous growths, killing “good” cells all the time.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Silent Americans???    Silent Germans????   “Silence like cancer,  grows…”</p>
<p>Our society is loaded with cancerous growths, killing “good” cells all the time.</p>
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		<title>By: JamesJoyce</title>
		<link>http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419139</link>
		<dc:creator>JamesJoyce</dc:creator>
		<pubDate>Wed, 30 Apr 2008 18:50:54 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/30/feingolds-secret-government-law-hearing/#comment-1419139</guid>
		<description>&lt;p&gt;“Make it ILLEGAL for the President to have any say on how the Justice Department interprets the law.”&lt;/p&gt;
&lt;p&gt;I thought the Justice Department applies law as written by congress, or in the case of “questions of law” interpretations of the law’s intent as written by congress, reviewed for constitutionality by the the judiciary?  I was unaware that the Executive or the OLC could “erroneously interpret” laws to justify “actions” inconsistent with  well settled law?&lt;/p&gt;
&lt;p&gt;Constitutional usurpation “under the color” of law AG Mukasey?  What would Jefferson have to say about this newfound rationalization by corporate aristocrats…….&lt;/p&gt;
&lt;p&gt;Exxon Mobile aka Standard Oil and Corporate Treason anyone??????&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>“Make it ILLEGAL for the President to have any say on how the Justice Department interprets the law.”</p>
<p>I thought the Justice Department applies law as written by congress, or in the case of “questions of law” interpretations of the law’s intent as written by congress, reviewed for constitutionality by the the judiciary?  I was unaware that the Executive or the OLC could “erroneously interpret” laws to justify “actions” inconsistent with  well settled law?</p>
<p>Constitutional usurpation “under the color” of law AG Mukasey?  What would Jefferson have to say about this newfound rationalization by corporate aristocrats…….</p>
<p>Exxon Mobile aka Standard Oil and Corporate Treason anyone??????</p>
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