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April 09, 2007

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Elwood was a Luttig and Rehnquist clerk. So I'm sure she's got nothing but the utmost respect for the law.

And I'm not sure, but this seems to be Elwood trying to explain to reporter David Kris that Bush does have the ability to wiretap us.

I hope Leahy and his cohorts are aware that the history of the "ongoing investigations" dodge is that it has been no barrier to Congressional inquiries.

As far back as Teapot Dome, courts have ruled that Congressional investigations are not limited by the fact that there are investigations or even court cases pending. In Sinclair v. United States (279 US 263 (1929)), the Supremes told us, "It may be conceded that Congress is without authority to compel disclosure for the purpose of aiding the prosecution of pending suits; but the authority of that body, directly or through its committees to require pertinent disclosures in aid of its own constitutional power is not abridged because the information sought to be elicited may also be of use in such suits."

Actually, Kagro, I bet if we look, we can find no higher expert on such a concept than Dick Cheney, around about the time he intervened and fucked up Walsh's investigation.

Probably worth looking for...

If history is any guide, Rove will roll out the "New Story" beginning with the AG's testimony. It doesn't matter that the "New Story" holds as little water as the old stories, it is simply a matter of throwing the Committee off its stride and buying another couple of months.

IANALly speaking, the idea that this is "legal" and so not subject to oversight is too lame even for the current White House. I have no idea what it might be, though (AG seems to favor the line that the political priorities are a relevant criterion for evaluating performance, so it might be an updated whiny version of the immigration canard -- this also seems lame, though.)

During all of the AG's preparations, I hope that the members of the Committee are each researching their own thread of the coverup that is arcane enough to have been overlooked by characters like Gillespie, but holds the possibility of unravelling a "New Story" before it can gain traction with the disinformation providers.

Marcy, I just sent an email to David Kris asking for the redacted email with a Cc to thenexthurrah@yahoo.com, and the Cc bounced. How do we contact you?

Since Abu can't seem to keep his story straight even in practice sesssions according to Newsweek, plan B seems to be gaining ground. Plan B would be to enhance the Goodling/McNulty perspective to add Abu to her list of people she misled. Abu can't get his story straight because it was her story.

And just what ingredients make Monica's brownies so special?

anwaya

emptywheel at gmail dot com

There are going to be a lot of appointments and budgets to hold up if this continues, as it is almost certain to.

So, they have Addington's assistant in the trenches defending Fredo now. Seems they have fewer and fewer competent people to call on to fill the lines.

This reminds me of the last few weeks before the Fall of Berlin. They stripped out the Luftwaffe units, handed their last remaining pilots rifles, and put them next to old men and small boys to face the Russian tanks rolling in from the East.

Shockingly high attrition rates in those last ditch units.

Mark Levey -- on another Blog, I have been making argument about the last days of the DDR's Stasi -- and as a result have been re-reading my stash of books and articles on the Stasi of the 1980's -- and all the diseases you can apply to the Bush Bubble Administration had their parallels there. Details that seem to be parallels make me giddy with laughs.

smells like the subpoena you were smelling was emanating from a different and equally malodorous
investigation

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