<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: Clement&#8217;s Departure</title>
	<atom:link href="http://emptywheel.firedoglake.com/2008/05/14/clements-departure/feed/" rel="self" type="application/rss+xml" />
	<link>http://emptywheel.firedoglake.com/2008/05/14/clements-departure/</link>
	<description></description>
	<lastBuildDate>Tue, 24 Nov 2009 03:49:09 -0600</lastBuildDate>
	<generator>http://wordpress.org/?v=2.8.6</generator>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
		<item>
		<title>By: masaccio</title>
		<link>http://emptywheel.firedoglake.com/2008/05/14/clements-departure/comment-page-1/#comment-69074</link>
		<dc:creator>masaccio</dc:creator>
		<pubDate>Thu, 15 May 2008 21:42:41 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/05/14/clements-departure/#comment-69074</guid>
		<description>&lt;p&gt;I am loath to read anything into this departure. The new solicitor general will be able to get up to speed on the cases in the pipeline for the next term, and Clement can get on to his new perch in the system, doubtless in one of the firms specializing in Supreme Court appeals. I doubt that any of the major figures in this administration have any sense of honor, or any concern that they will be held to account for their actions.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I am loath to read anything into this departure. The new solicitor general will be able to get up to speed on the cases in the pipeline for the next term, and Clement can get on to his new perch in the system, doubtless in one of the firms specializing in Supreme Court appeals. I doubt that any of the major figures in this administration have any sense of honor, or any concern that they will be held to account for their actions.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: JohnLopresti</title>
		<link>http://emptywheel.firedoglake.com/2008/05/14/clements-departure/comment-page-1/#comment-69057</link>
		<dc:creator>JohnLopresti</dc:creator>
		<pubDate>Thu, 15 May 2008 19:01:57 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/05/14/clements-departure/#comment-69057</guid>
		<description>&lt;p&gt;The way the Yoo 81pp memo was released to the public was a process of barter between congress and the executive.  The Yoo ostensibly verbatim one side of the interview published in Esquire recently had an interesting passage about wiretapping, in which Yoo almost opines on material which is not in the public sphere.  I would expect Clement to have read much similar material not in the public’s view.  The Supreme Court has remained relatively evenly split on the increasing quantity of cases in which the administration has tried to hide information.  I have found Clement at his nadir defending administration tactics which have relied on &lt;a href=&quot;http://www.acsblog.org/guest-bloggers-secret-laws-secret-courts-secret-constitution.html&quot; rel=&quot;nofollow&quot;&gt;hiding information&lt;/a&gt;, and there are judicial canons &lt;a href=&quot;http://www.law.com/jsp/article.jsp?id=1202421288568&quot; rel=&quot;nofollow&quot;&gt;banning obscuration&lt;/a&gt; of evidence.  Currently congress is preparing a new law addressing the &lt;a href=&quot;http://judiciary.senate.gov/pdf/08-04-30Johnsen_Dawn_testimony.pdf&quot; rel=&quot;nofollow&quot;&gt;secrecy of information&lt;/a&gt; which has become a key element in governance style of this administration.  As the election nears Republicans have to deal with the legacy of the current leadership in their party.  Already, three early replacement elections have seen former Republican posts filled with &lt;a href=&quot;http://www.cqpolitics.com/wmspage.cfm?docid=news-000002841620&quot; rel=&quot;nofollow&quot;&gt;voters’ choice of Democrats &lt;/a&gt;instead.  If Yoo represents a key plank in the administration’s approach to the judiciary, that, too, must seem antithetical to what a Solicitor General would opt to have as a working ambience; Yoo would prefer the courts be less equal than the other two branches.&lt;/p&gt;
&lt;p&gt;I agree with the dates suggested, as impending problems for the current Solicitor General, but there has been an avalanche of similar disproportionately impossible initiatives he has had to defend.  I have read a few transcripts of Clement’s performances at Scotus, some until I could have replicated the scripts from memory, interruptions, stammers, leading questions, political jivetalk, and all.  I am not sure he is a superior barrister, or even a clever one.  I think his politics are conservative, and knowledge of history ample, but I would not rank his execution of the job as stellar.  The adminsitration he served was ungainly, at best.  Yet, as the final spirals of the administration’s circuitous illogic play out, the difficulty of defense becomes ever more problematic for the administration’s Solicitor General.  Boehner is clamoring for some soul searching, and a prospective repudiation at the polls this autumn for the Republicans will engender more such introspection.  I think Clement can afford to select his closing argument, and would like to increase the distance between his career and some of the bankrupt energies driving the Republicans into the approaching confrontations.  I think he might find distasteful arguing yet again the administration’s right to destroy more &lt;a href=&quot;http://www.brennancenter.org/content/resource/us_government_admits_it_destroyed_videotape_in_enemy_combatant_case/&quot; rel=&quot;nofollow&quot;&gt;torture videos&lt;/a&gt;, as is being reported.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>The way the Yoo 81pp memo was released to the public was a process of barter between congress and the executive.  The Yoo ostensibly verbatim one side of the interview published in Esquire recently had an interesting passage about wiretapping, in which Yoo almost opines on material which is not in the public sphere.  I would expect Clement to have read much similar material not in the public’s view.  The Supreme Court has remained relatively evenly split on the increasing quantity of cases in which the administration has tried to hide information.  I have found Clement at his nadir defending administration tactics which have relied on <a href="http://www.acsblog.org/guest-bloggers-secret-laws-secret-courts-secret-constitution.html" rel="nofollow">hiding information</a>, and there are judicial canons <a href="http://www.law.com/jsp/article.jsp?id=1202421288568" rel="nofollow">banning obscuration</a> of evidence.  Currently congress is preparing a new law addressing the <a href="http://judiciary.senate.gov/pdf/08-04-30Johnsen_Dawn_testimony.pdf" rel="nofollow">secrecy of information</a> which has become a key element in governance style of this administration.  As the election nears Republicans have to deal with the legacy of the current leadership in their party.  Already, three early replacement elections have seen former Republican posts filled with <a href="http://www.cqpolitics.com/wmspage.cfm?docid=news-000002841620" rel="nofollow">voters’ choice of Democrats </a>instead.  If Yoo represents a key plank in the administration’s approach to the judiciary, that, too, must seem antithetical to what a Solicitor General would opt to have as a working ambience; Yoo would prefer the courts be less equal than the other two branches.</p>
<p>I agree with the dates suggested, as impending problems for the current Solicitor General, but there has been an avalanche of similar disproportionately impossible initiatives he has had to defend.  I have read a few transcripts of Clement’s performances at Scotus, some until I could have replicated the scripts from memory, interruptions, stammers, leading questions, political jivetalk, and all.  I am not sure he is a superior barrister, or even a clever one.  I think his politics are conservative, and knowledge of history ample, but I would not rank his execution of the job as stellar.  The adminsitration he served was ungainly, at best.  Yet, as the final spirals of the administration’s circuitous illogic play out, the difficulty of defense becomes ever more problematic for the administration’s Solicitor General.  Boehner is clamoring for some soul searching, and a prospective repudiation at the polls this autumn for the Republicans will engender more such introspection.  I think Clement can afford to select his closing argument, and would like to increase the distance between his career and some of the bankrupt energies driving the Republicans into the approaching confrontations.  I think he might find distasteful arguing yet again the administration’s right to destroy more <a href="http://www.brennancenter.org/content/resource/us_government_admits_it_destroyed_videotape_in_enemy_combatant_case/" rel="nofollow">torture videos</a>, as is being reported.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: freepatriot</title>
		<link>http://emptywheel.firedoglake.com/2008/05/14/clements-departure/comment-page-1/#comment-69056</link>
		<dc:creator>freepatriot</dc:creator>
		<pubDate>Thu, 15 May 2008 19:01:04 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/05/14/clements-departure/#comment-69056</guid>
		<description>&lt;p&gt;we’ve been using the “Rats Leaving A Sinking Ship” analogy to describe the repuglitard migration away from presnit george&lt;/p&gt;
&lt;p&gt;but there is one important difference between rats and repuglitards&lt;/p&gt;
&lt;p&gt;rats don’t leave incriminating written evidence behind&lt;/p&gt;
&lt;p&gt;oh, and did I mention that there ain’t no Statute of Limitation on Crimes Against Humanity&lt;/p&gt;
&lt;p&gt;so there’s that …&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>we’ve been using the “Rats Leaving A Sinking Ship” analogy to describe the repuglitard migration away from presnit george</p>
<p>but there is one important difference between rats and repuglitards</p>
<p>rats don’t leave incriminating written evidence behind</p>
<p>oh, and did I mention that there ain’t no Statute of Limitation on Crimes Against Humanity</p>
<p>so there’s that …</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: 4jkb4ia</title>
		<link>http://emptywheel.firedoglake.com/2008/05/14/clements-departure/comment-page-1/#comment-68974</link>
		<dc:creator>4jkb4ia</dc:creator>
		<pubDate>Thu, 15 May 2008 15:32:39 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/05/14/clements-departure/#comment-68974</guid>
		<description>&lt;p&gt;Bush isn’t the only one who thinks we should have taken out Sadr early, although none of them are exactly progressives.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Bush isn’t the only one who thinks we should have taken out Sadr early, although none of them are exactly progressives.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: 4jkb4ia</title>
		<link>http://emptywheel.firedoglake.com/2008/05/14/clements-departure/comment-page-1/#comment-68963</link>
		<dc:creator>4jkb4ia</dc:creator>
		<pubDate>Thu, 15 May 2008 15:22:22 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/05/14/clements-departure/#comment-68963</guid>
		<description>&lt;p&gt;My Dad’s academic specialty is the Court. He does not teach any of the justices *g*&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>My Dad’s academic specialty is the Court. He does not teach any of the justices *g*</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: 4jkb4ia</title>
		<link>http://emptywheel.firedoglake.com/2008/05/14/clements-departure/comment-page-1/#comment-68961</link>
		<dc:creator>4jkb4ia</dc:creator>
		<pubDate>Thu, 15 May 2008 15:20:51 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/05/14/clements-departure/#comment-68961</guid>
		<description>&lt;p&gt;My Dad, teacher of the Supreme Court, says “Nothing to see here, he has nothing more to do, this is normal”.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>My Dad, teacher of the Supreme Court, says “Nothing to see here, he has nothing more to do, this is normal”.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Anna</title>
		<link>http://emptywheel.firedoglake.com/2008/05/14/clements-departure/comment-page-1/#comment-68934</link>
		<dc:creator>Anna</dc:creator>
		<pubDate>Thu, 15 May 2008 14:18:29 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/05/14/clements-departure/#comment-68934</guid>
		<description>&lt;p&gt;EW unable to put my questions for your Salon today under your “spies for hire” blog.  Will not be able to join your important Salon today,&lt;/p&gt;
&lt;p&gt;Questions.  Col Karpinski has stated that there were foreign individuals at Abu Grarib directing to torture taking place at that prison.  What can he tell us about Col. Karpinski’s claims?&lt;br /&gt;
 &lt;a href=&quot;http://www.democracynow.org/2005/10/26/col_janis_karpinski_the_former_head&quot; rel=&quot;nofollow&quot;&gt;http://www.democracynow.org/20.....ormer_head&lt;/a&gt;&lt;/p&gt;
&lt;p&gt;            2.   Just after 9/11 Carl Cameron  of Fox news reported in four parts that there were “allegedly” several hundred young Israeli spies operating in the U.S. before the attack on 9/11.  The media coverage on this issue was quickly shut down and that four part report was quickly pulled from Fox News website.  What can your guest tell us about this “alleged”investigation into Israeli spies?&lt;/p&gt;
&lt;p&gt;           3.  Also in that four part report Cameron reported that Israeli based communication and data mining companies (Amdocs which supposedly has access to 95% of all U.S. phone companies billing records and Comverse Infosys) may have provided a back door in their systems to foreign spying which may have jeopardized U.S. National Security.  What can he tell us about this? &lt;/p&gt;
&lt;p&gt;          4.  What can he tell us about that meeting in Italy with Ledeen, Rhode, larry Franklin, (now serving a prison sentence), Manucher Ghorbanifar which supposedly had to do with Iraq and Iran?&lt;/p&gt;
&lt;p&gt;     ……I thought Colin Powell forbid these folks to meet after that meeting? &lt;/p&gt;
&lt;p&gt;&lt;a href=&quot;http://www.washingtonmonthly.com/features/2004/0410.marshall.html&quot; rel=&quot;nofollow&quot;&gt;http://www.washingtonmonthly.c.....shall.html&lt;/a&gt;&lt;/p&gt;
&lt;p&gt;        5.  Can he address why we are not hearing much about the U.S. Vs. Rosen investigation and trial in the MSM or the so called “progressive” blogosphere?  Few Americans know about this investigation and trial which has to do with Aipac’s Rosen and Weissman “allegedly” handing over  highly classified intelligence having to do with Iran to Israeli officials. &lt;/p&gt;
&lt;p&gt; U.S. vs. Rosen indictment &lt;a href=&quot;http://www.globalsecurity.org/intell/library/reports/2005/franklin_indictment_04aug2005.htm&quot; rel=&quot;nofollow&quot;&gt;http://www.globalsecurity.org/.....ug2005.htm&lt;/a&gt; &lt;/p&gt;
&lt;p&gt;  I keep calling the Alexandria Division of the U.S. District Courts since this  investigation and trial having to do with Aipac’s  prior officials  allegedly handing off classified intelligence to Israeli Officials seems to be “off limits” or territory  too dangerous or intimidating for them MSM and “progressive” blogosphere to cover.  The last update from on of the folks who answer the phone at that division is that there are hearings reviewing the classified documents having to do with the case and that there are two motion hearing open to the public on May 20th and May 29th.&lt;/p&gt;
&lt;p&gt;What can you tell us about this case and the intelligence involved?&lt;/p&gt;
&lt;p&gt;     6.  What can he tell us about the status of Phase II of the Senate Select Committee on Intelligence which has to do with the investigation of the pre-war intelligence used to lie our nation into the invasion of Iraq?  From my understanding Republican Senator Pat Roberts did everything he could do to divert, delay and dilute Phase I and Phase II &lt;/p&gt;
&lt;p&gt;……..Has the Office of Special Plans been thoroughly investigated?  Will Americans ever witness anyone held accountable for this false pre-war intelligence?  &lt;/p&gt;
&lt;p&gt;       7.  What can he tell us about the Niger Documents?  Will anyone be held accountable for these documents that were immediately debunnked by the director of the IAEA (International Atomic Energy Agency) Mr. El Baradei at the UN in early March of 2003 just before the invasion. (I will never forget that day and how the MSM basically ignored what El Baradei had to say about the validity of these documents as the Bush administration marched ahead with their illegal and immoral invasion.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>EW unable to put my questions for your Salon today under your “spies for hire” blog.  Will not be able to join your important Salon today,</p>
<p>Questions.  Col Karpinski has stated that there were foreign individuals at Abu Grarib directing to torture taking place at that prison.  What can he tell us about Col. Karpinski’s claims?<br />
 <a href="http://www.democracynow.org/2005/10/26/col_janis_karpinski_the_former_head" rel="nofollow">http://www.democracynow.org/20&#8230;..ormer_head</a></p>
<p>            2.   Just after 9/11 Carl Cameron  of Fox news reported in four parts that there were “allegedly” several hundred young Israeli spies operating in the U.S. before the attack on 9/11.  The media coverage on this issue was quickly shut down and that four part report was quickly pulled from Fox News website.  What can your guest tell us about this “alleged”investigation into Israeli spies?</p>
<p>           3.  Also in that four part report Cameron reported that Israeli based communication and data mining companies (Amdocs which supposedly has access to 95% of all U.S. phone companies billing records and Comverse Infosys) may have provided a back door in their systems to foreign spying which may have jeopardized U.S. National Security.  What can he tell us about this? </p>
<p>          4.  What can he tell us about that meeting in Italy with Ledeen, Rhode, larry Franklin, (now serving a prison sentence), Manucher Ghorbanifar which supposedly had to do with Iraq and Iran?</p>
<p>     ……I thought Colin Powell forbid these folks to meet after that meeting? </p>
<p><a href="http://www.washingtonmonthly.com/features/2004/0410.marshall.html" rel="nofollow">http://www.washingtonmonthly.c&#8230;..shall.html</a></p>
<p>        5.  Can he address why we are not hearing much about the U.S. Vs. Rosen investigation and trial in the MSM or the so called “progressive” blogosphere?  Few Americans know about this investigation and trial which has to do with Aipac’s Rosen and Weissman “allegedly” handing over  highly classified intelligence having to do with Iran to Israeli officials. </p>
<p> U.S. vs. Rosen indictment <a href="http://www.globalsecurity.org/intell/library/reports/2005/franklin_indictment_04aug2005.htm" rel="nofollow">http://www.globalsecurity.org/&#8230;..ug2005.htm</a> </p>
<p>  I keep calling the Alexandria Division of the U.S. District Courts since this  investigation and trial having to do with Aipac’s  prior officials  allegedly handing off classified intelligence to Israeli Officials seems to be “off limits” or territory  too dangerous or intimidating for them MSM and “progressive” blogosphere to cover.  The last update from on of the folks who answer the phone at that division is that there are hearings reviewing the classified documents having to do with the case and that there are two motion hearing open to the public on May 20th and May 29th.</p>
<p>What can you tell us about this case and the intelligence involved?</p>
<p>     6.  What can he tell us about the status of Phase II of the Senate Select Committee on Intelligence which has to do with the investigation of the pre-war intelligence used to lie our nation into the invasion of Iraq?  From my understanding Republican Senator Pat Roberts did everything he could do to divert, delay and dilute Phase I and Phase II </p>
<p>……..Has the Office of Special Plans been thoroughly investigated?  Will Americans ever witness anyone held accountable for this false pre-war intelligence?  </p>
<p>       7.  What can he tell us about the Niger Documents?  Will anyone be held accountable for these documents that were immediately debunnked by the director of the IAEA (International Atomic Energy Agency) Mr. El Baradei at the UN in early March of 2003 just before the invasion. (I will never forget that day and how the MSM basically ignored what El Baradei had to say about the validity of these documents as the Bush administration marched ahead with their illegal and immoral invasion.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: MarieRoget</title>
		<link>http://emptywheel.firedoglake.com/2008/05/14/clements-departure/comment-page-1/#comment-68925</link>
		<dc:creator>MarieRoget</dc:creator>
		<pubDate>Thu, 15 May 2008 13:08:17 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/05/14/clements-departure/#comment-68925</guid>
		<description>&lt;p&gt;Thanks.  Since I’ve got some extra time this a.m., think I’ll also fax the email elaborating on it to Conyers, along w/ew’s “Conyers to Rove” post.  Faxing seem to get better responses for me, instead of the usual email robo-response.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Thanks.  Since I’ve got some extra time this a.m., think I’ll also fax the email elaborating on it to Conyers, along w/ew’s “Conyers to Rove” post.  Faxing seem to get better responses for me, instead of the usual email robo-response.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: skdadl</title>
		<link>http://emptywheel.firedoglake.com/2008/05/14/clements-departure/comment-page-1/#comment-68924</link>
		<dc:creator>skdadl</dc:creator>
		<pubDate>Thu, 15 May 2008 12:59:57 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/05/14/clements-departure/#comment-68924</guid>
		<description>&lt;p&gt;Great plan. There are others I admire, but I love listening to Davis’s questions — he builds so clearly, and with such snap. Plus the first round would be fine drama if all the members showed up.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Great plan. There are others I admire, but I love listening to Davis’s questions — he builds so clearly, and with such snap. Plus the first round would be fine drama if all the members showed up.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: looseheadprop</title>
		<link>http://emptywheel.firedoglake.com/2008/05/14/clements-departure/comment-page-1/#comment-68923</link>
		<dc:creator>looseheadprop</dc:creator>
		<pubDate>Thu, 15 May 2008 12:49:02 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/05/14/clements-departure/#comment-68923</guid>
		<description>&lt;blockquote&gt;&lt;p&gt; And while there is some lower court case law to the effect that an interim USA is an inferior officer, I’m not sure that a USA really falls under that case law and imo you can make a good case that a USAtty is a principal officer.
&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;There was extensive motion practice in connection with the Libby case which established htat PatFitz was an inferior officer. He was both a USA ans a SPecial COunsel at the time.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<blockquote><p> And while there is some lower court case law to the effect that an interim USA is an inferior officer, I’m not sure that a USA really falls under that case law and imo you can make a good case that a USAtty is a principal officer.
</p>
</blockquote>
<p>There was extensive motion practice in connection with the Libby case which established htat PatFitz was an inferior officer. He was both a USA ans a SPecial COunsel at the time.</p>
]]></content:encoded>
	</item>
</channel>
</rss>
