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August 09, 2005

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Any chance we can use this to talk about BushCO's really twisted sense of what the government is (not of the people and by the people but in spite of the people)?

I thought not.

Maybe in some overarching sense. Actually, now that you say that, this sort of reminds me of the argument I made about Judy Miller and the first amendment. Miller and her governmental collaborators seek to use the shield intended to protect the people from the government -- the first amendment -- to justify avoiding giving testimony.

Similarly, the Bush White House now seeks to use another federally recognized protection against government intrusion against the right to effective representation (albeit one that's equally applicable as against an adversary in a civil complaint) to protect the administration from the prying eyes of the peoples' representatives in Congress.

So, for those of you scoring at home, that's a check mark next to protecting the confidentiality of an attorney's "advice," but a minus next to accepting the constitutionally prescribed "advice" (as in, "and consent") of the Senate on judicial nominations.

Predictiveness clearly was Bush's basis for the selection.
Bush' evaluation group know Robert's politics as he was part of two prior administrations. There are those on the web describing this nominee as a key strategizer for Bush senior in the pardons of Iran Contra figures, and depicting Roberts as a likely key planner of the Bork nomination. I expect Leahy, Kennedy, and a few others to have access to the background papertrails as senate records must be accessible to their researchers who are designing lines of questioning.
The difficulty lies in the paucity of support in the senate.
Armando got into quite a legal debate with a troll on the secrecy issue trailing off his diary. The stonewall and their legion of constitutional lawyers, though I thought Armando fairly decimated the troll's argument

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