The WaPo editorial board’s biggest problem with the “rough justice” foreclosure fraud settlement is that robo-signing is a “victimless crime” because all those people were behind on their payments anyway, and that lucky duckies foreclosed upon might be getting $2,000 erroneously. That’s the media we have.

I think you can divine what I think of the foreclosure fraud settlement, which releases liability on a host of fraudulent conduct for only a $5 billion guarantee from the banks, as well as $20 billion made up mostly of “credits” that HUD believes will translate into around $34.5 billion overall. The credits play out over three years, so you can adjust for inflation, and in fact if you adjust in that way, as Matt Yglesias does, you find that this is around 10 times less than the tobacco settlement of the late 1990s.

The United States was founded on the principle that no individual is above the law. We are, as John Adams said, “a nation of laws, not men.” But that principle is under assault, as Glenn Greenwald explains in his powerful new book, With Liberty and Justice for Some: How the Law is Used to Destroy Equality and Protect the Powerful.

There’s a misconception about what constitutes “hard left” and “hard right” positions about fixing the housing mortgage problem. But the “hard left” position is nothing more than following the rule of law, as New York’s AG, Eric Schneiderman explained on Maddow last night (video)

Just as Bush found it convenient to get his White House Counsel, Alberto Gonzales, to opine that as long as Bush designated his torture victims as being “illegal enemy combatants” (whatever the ultimate facts) he was exempt from war crimes prosecutions, Obama’s White House counsel is equally eager to tell Obama that, as long as he doesn’t call them “hostilities,” Obama can nation for any period of time.

Looks like we can add “participating in a flash mob at a public monument” to the list of things that are more illegal than torture, assassination, starting a war under false pretenses, foreclosure fraud, securities fraud, warrantless wiretapping, and buying public officials.

How many times have we faced this stage already? How many times over could we have prosecuted KSM already if we had just used existing, rather than Kangaroo, courts? How many more years will it take to determine whether KSM can plead guilty so as to martyr himself?

Chuck Todd improperly called signing the PATRIOT Act with an autopen “robosigning.” They’re not actually the same thing. Robosigning as currently used is when a poorly paid live person signs a name to a document (though maybe not the one whose name gets signed), claiming to attest to the accuracy of documents without actually doing so. By ordering that PATRIOT be signed using his autopen, Obama gave the law the full weight of law, yet without actually signing the document.

We are now engaged in an illegal war against Libya. Yesterday, the official 60-day window for the War Powers Act expired, and there was no action to approve military use by Congress, yet we continue to be involved in direct military action in Libya. With this, a new precedent has been firmly established. The President of the United States can now unilaterally and freely wage war on any country or attempt to kill anyone anywhere on earth, for as long as the President wants. It is truly frightening god-like power solely vested in a single individual.

The Justice Department has been enforcing the laws on abortion access with more frequency in recent years than its predecessors. The shift from an anti-choice to a pro-choice executive branch should make this obvious, but nonetheless it’s welcome news.