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	<title>Comments on: The Sliding Scale</title>
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	<link>http://firedoglake.com/2008/05/05/the-sliding-scale/</link>
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		<title>By: earlofhuntingdon</title>
		<link>http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1428275</link>
		<dc:creator>earlofhuntingdon</dc:creator>
		<pubDate>Tue, 06 May 2008 02:34:00 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1428275</guid>
		<description>&lt;p&gt;The President has chosen a methodology that makes him or her personally responsible for the individual applications of specific torture techniques to each individual in his custody.  A better way to self-inflict personal liability on the President I find hard to imagine.  &lt;/p&gt;
&lt;p&gt;Of course, this is the opposite of a “methodology” or the rule of law.  It is making shit up to avoid disclosure, avoid oversight, and avoid legal liability no matter what they do.  It is the SEC and banking lobbyists whet dream and they call it government.  It’s not the tyranny of low expectations; it’s the tyranny of the class idiot grading papers and setting the curve.  An idiot whose father can get the school superintendent fired, which has everyone playing ball until Junior gets bored and chooses somewhere else to play.  That’s what a true elitist means when he says, “Pick yourselves up by your own bootstraps, make your own way.”&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>The President has chosen a methodology that makes him or her personally responsible for the individual applications of specific torture techniques to each individual in his custody.  A better way to self-inflict personal liability on the President I find hard to imagine.  </p>
<p>Of course, this is the opposite of a “methodology” or the rule of law.  It is making shit up to avoid disclosure, avoid oversight, and avoid legal liability no matter what they do.  It is the SEC and banking lobbyists whet dream and they call it government.  It’s not the tyranny of low expectations; it’s the tyranny of the class idiot grading papers and setting the curve.  An idiot whose father can get the school superintendent fired, which has everyone playing ball until Junior gets bored and chooses somewhere else to play.  That’s what a true elitist means when he says, “Pick yourselves up by your own bootstraps, make your own way.”</p>
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		<title>By: JThomason</title>
		<link>http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1428069</link>
		<dc:creator>JThomason</dc:creator>
		<pubDate>Tue, 06 May 2008 00:35:04 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1428069</guid>
		<description>&lt;p&gt;Yeah, I got that too.  I am not sure folks inside the Beltway did though. They keep funding the Iraqi occupation.&lt;/p&gt;
&lt;p&gt;I was still at the office and tired when I posted, even wrote “assume” instead of “as soon”, what I was saying is that the problem is systemic.  Didn’t mean to sound glib, but Hillary is on record.  Check it out. Its depressing.  The ability of the media to influence the thoughts of the people, the methods of arbitrage capitalism, and the politics of fear must be contained.  How I don’t know.  Maybe they will burn themselves out, but this is not a pretty scenario.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Yeah, I got that too.  I am not sure folks inside the Beltway did though. They keep funding the Iraqi occupation.</p>
<p>I was still at the office and tired when I posted, even wrote “assume” instead of “as soon”, what I was saying is that the problem is systemic.  Didn’t mean to sound glib, but Hillary is on record.  Check it out. Its depressing.  The ability of the media to influence the thoughts of the people, the methods of arbitrage capitalism, and the politics of fear must be contained.  How I don’t know.  Maybe they will burn themselves out, but this is not a pretty scenario.</p>
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		<title>By: tjbs</title>
		<link>http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1427978</link>
		<dc:creator>tjbs</dc:creator>
		<pubDate>Mon, 05 May 2008 23:55:35 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1427978</guid>
		<description>&lt;p&gt;How do we explain what we’ve let be stolen from us, to the kids?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>How do we explain what we’ve let be stolen from us, to the kids?</p>
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		<title>By: portorcliff</title>
		<link>http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1427938</link>
		<dc:creator>portorcliff</dc:creator>
		<pubDate>Mon, 05 May 2008 23:38:06 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1427938</guid>
		<description>&lt;p&gt;From Emptywheel’s 7 December post, Whitehouse Reveals Smoking Gun of White House Claiming Not to Be Bound by Any Law.&lt;/p&gt;
&lt;p&gt; &lt;a href=&quot;http://emptywheel.firedoglake.com/2007/12/07/whitehouse-rips-the-white-house/&quot; rel=&quot;nofollow&quot;&gt;&lt;/a&gt; &lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;To give you an example of what I read, I have gotten three legal propositions from these OLC opinions declassified. Here they are, as accurately as my note taking could reproduce them from the classified documents. Listen for yourself. I will read all three, and then discuss each one.&lt;/p&gt;
&lt;p&gt;An executive order cannot limit a President. There is no constitutional requirement for a President to issue a new executive order whenever he wishes to depart from the terms of a previous executive order. Rather than violate an executive order, the President has instead modified or waived it.&lt;br /&gt;
The President, exercising his constitutional authority under Article II, can determine whether an action is a lawful exercise of the President’s authority under Article II.&lt;br /&gt;
The Department of Justice is bound by the President’s legal determinations. [my emphasis]&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Pixie Dust as defined by OLC is used here to make the rule of law mean just one thing. ‘L’etat ces’t moi.’ “(I am the state).”&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>From Emptywheel’s 7 December post, Whitehouse Reveals Smoking Gun of White House Claiming Not to Be Bound by Any Law.</p>
<p> <a href="http://emptywheel.firedoglake.com/2007/12/07/whitehouse-rips-the-white-house/" rel="nofollow"></a> </p>
<blockquote><p>To give you an example of what I read, I have gotten three legal propositions from these OLC opinions declassified. Here they are, as accurately as my note taking could reproduce them from the classified documents. Listen for yourself. I will read all three, and then discuss each one.</p>
<p>An executive order cannot limit a President. There is no constitutional requirement for a President to issue a new executive order whenever he wishes to depart from the terms of a previous executive order. Rather than violate an executive order, the President has instead modified or waived it.<br />
The President, exercising his constitutional authority under Article II, can determine whether an action is a lawful exercise of the President’s authority under Article II.<br />
The Department of Justice is bound by the President’s legal determinations. [my emphasis]</p>
</blockquote>
<p>Pixie Dust as defined by OLC is used here to make the rule of law mean just one thing. ‘L’etat ces’t moi.’ “(I am the state).”</p>
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		<title>By: selise</title>
		<link>http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1427918</link>
		<dc:creator>selise</dc:creator>
		<pubDate>Mon, 05 May 2008 23:27:44 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1427918</guid>
		<description>&lt;p&gt;i want you to get your mitts on those memos too!&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>i want you to get your mitts on those memos too!</p>
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		<title>By: dakine01</title>
		<link>http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1427906</link>
		<dc:creator>dakine01</dc:creator>
		<pubDate>Mon, 05 May 2008 23:19:33 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1427906</guid>
		<description>&lt;blockquote&gt;&lt;p&gt;what happened to Posse Comitatus?&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;I don’t remember the specifics but one of the Patriot Act iterations or the execrable Military Commissions Act or such loosened Posse Comitatus or did away with it significantly.&lt;/p&gt;
&lt;p&gt;Of course, it was passed while the Rs were in charge so no one actually read the act before hand.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<blockquote><p>what happened to Posse Comitatus?</p>
</blockquote>
<p>I don’t remember the specifics but one of the Patriot Act iterations or the execrable Military Commissions Act or such loosened Posse Comitatus or did away with it significantly.</p>
<p>Of course, it was passed while the Rs were in charge so no one actually read the act before hand.</p>
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		<title>By: looseheadprop</title>
		<link>http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1427898</link>
		<dc:creator>looseheadprop</dc:creator>
		<pubDate>Mon, 05 May 2008 23:16:16 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1427898</guid>
		<description>&lt;p&gt;i just want to get my mitts on the rest of those memos. Whitehouse was on fire about something in them and I really want to see the one that Yoo refers to on page 10 that says that the 4th Amendment does not apply to the President’s military activites on American soil–what happend to Posse Comitatus?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>i just want to get my mitts on the rest of those memos. Whitehouse was on fire about something in them and I really want to see the one that Yoo refers to on page 10 that says that the 4th Amendment does not apply to the President’s military activites on American soil–what happend to Posse Comitatus?</p>
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		<title>By: looseheadprop</title>
		<link>http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1427892</link>
		<dc:creator>looseheadprop</dc:creator>
		<pubDate>Mon, 05 May 2008 23:14:21 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1427892</guid>
		<description>&lt;p&gt;But, but, but the war ENDED 5 years ago!  Remember? Mission Accomplished. Shrub said we won the war.&lt;/p&gt;
&lt;p&gt;I remember, there was this aircraft carrier and this silly flyboy costume he was wearing. I remember it, I do, I do.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>But, but, but the war ENDED 5 years ago!  Remember? Mission Accomplished. Shrub said we won the war.</p>
<p>I remember, there was this aircraft carrier and this silly flyboy costume he was wearing. I remember it, I do, I do.</p>
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		<title>By: looseheadprop</title>
		<link>http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1427884</link>
		<dc:creator>looseheadprop</dc:creator>
		<pubDate>Mon, 05 May 2008 23:07:30 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1427884</guid>
		<description>&lt;p&gt;I think he is being pragmatic verging on cynical. He is probably right about the likelihood that prosecutions will occur, but they will NEVER occur if we throw in the towel before we start.&lt;/p&gt;
&lt;p&gt;When I looked at the Justice Case, it was with an eye toward what arguments are available in favor of prosecution. &lt;/p&gt;
&lt;p&gt;He is discussing why the best argument in the world won’t do you any good if there is no will to prosecute.&lt;/p&gt;
&lt;p&gt;And I agree with his point.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I think he is being pragmatic verging on cynical. He is probably right about the likelihood that prosecutions will occur, but they will NEVER occur if we throw in the towel before we start.</p>
<p>When I looked at the Justice Case, it was with an eye toward what arguments are available in favor of prosecution. </p>
<p>He is discussing why the best argument in the world won’t do you any good if there is no will to prosecute.</p>
<p>And I agree with his point.</p>
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		<title>By: CTuttle</title>
		<link>http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1427881</link>
		<dc:creator>CTuttle</dc:creator>
		<pubDate>Mon, 05 May 2008 23:05:55 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/05/05/the-sliding-scale/#comment-1427881</guid>
		<description>&lt;p&gt;This is what thoroughly pissed me off, lhp…&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;&lt;strong&gt;They acknowledged Iran was unlikely to cease involvement in Iraq and that, however limited a US attack might be, the fighting could escalate.&lt;/strong&gt;&lt;/p&gt;&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p>This is what thoroughly pissed me off, lhp…</p>
<blockquote><p><strong>They acknowledged Iran was unlikely to cease involvement in Iraq and that, however limited a US attack might be, the fighting could escalate.</strong></p>
</blockquote>
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