(I have actually heard people trying that argument out. Twenty years ago. There may even be judges who would buy it; there was one who figured a pregnant woman counted as two people for the purpose of using a car-pool lane.)

Mukasey’s example of how another nation is being treated doesn’t really even make sense (changing aide and import/export restrictions etc. couldn’t be done *privately* in any event) and certainly doesn’t got to the issue of EOs on how AMERICAN CITIZENS will be treated by their government.

More than that, though, was the follow up on whether or not the President has a duty to advise Congress of the changes in his orders. Even in the example Mukasey gave, as Congress is making budget allocations and reviewing treaties etc. they are entitled to know what the President knows. More importantly, with respect to how American citizens are being treated by 1/3 of the American govt, the other 2/3 of government which exercise oversight, checks and balances have a right to know what is being done by the Executive to American citizens.

The real answer to Whitehouse’s questions end up being found “at home” and not from a font of a Bush mouthpiece who has no remaining respect for law. The real answer to Whitehouse’s questions is, in a sense, found in Goldsmith’s and Posner’s novel take on international law – with a homeboy application. What “can” Bush do regarding his Executive Orders? Exactly what Congress and the courts will let him do; exactly what he is “big enough” to get away with doing.

As pathetic and revolting as Mukasey has become, the incredulity should be directed, not at him, but at Congress. To have become, as an institution, something worthy of less respect than the Bush DOJ is an accomplishment of note, if not one of pride.

geeesh. Do you think they have any clue as to how hypocritical they look to most of us?

That issue was efficiently handled on the local level (the board member decided not to seek reelection), but it looks like the higher we get in government, the less respect there is for what’s a law and what’s a suggestion. The shear lawlessness of the Bush Administration will, I predict, be the subject of shelves of legal analyses for years to come.

Whitehouse was incredulous, as well he should be.

Down the tubes we all go. And 45% of the People think McCain, “don’t tell me about my record!”, the old fuck, would make a fine President. F’ck all.

Lying Sacks of Shit: How Pixie Dust Sold Out America

I was staggered and appalled by that testimony yesterday. Mukasey ducked every question, refused to be pinned down by anything he said and basically repeated the Gonzo line of “I don’t know” over and over again. This should be front page news.

And on that cheerful note I leave to try again to get some sleep. What a wretched day. Reading you all for a couple of hrs. has made it better, though. That, & a big fat donation to the ACLU.

And what part of a statement like that is not impeachable? When the folks who have sworn oaths to the Constitution no longer take them seriously, what is left? Just a nation of the ruler.