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	<title>Comments on: Declining Justice: DOJ Lets Statute Run On Bush Criminality</title>
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	<link>http://emptywheel.firedoglake.com/2009/03/25/declining-justice-doj-lets-statute-run-on-bush-criminality/</link>
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		<title>By: Mary</title>
		<link>http://emptywheel.firedoglake.com/2009/03/25/declining-justice-doj-lets-statute-run-on-bush-criminality/#comment-144486</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Thu, 26 Mar 2009 03:44:34 +0000</pubDate>
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		<description>&lt;p&gt;19 - or not.  &lt;/p&gt;
&lt;p&gt;22 - it’s not simple or one dimensional, as you point out, but it’s a legitimate avenue of thought.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>19 &#8211; or not.  </p>
<p>22 &#8211; it’s not simple or one dimensional, as you point out, but it’s a legitimate avenue of thought.</p>
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		<title>By: TarheelDem</title>
		<link>http://emptywheel.firedoglake.com/2009/03/25/declining-justice-doj-lets-statute-run-on-bush-criminality/#comment-144469</link>
		<dc:creator>TarheelDem</dc:creator>
		<pubDate>Thu, 26 Mar 2009 02:27:32 +0000</pubDate>
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		<description>&lt;p&gt;Thanks.  The DOJ web site has nothing about personnel.&lt;/p&gt;
&lt;p&gt;The Plum Book 2008 shows that Hertz occupies the position held at the time of publication by Gregory Katsas; it is a presidential appointment with advice of the Senate (PAS).  The others are “career appointments” in the Senior Executive Service pay plan.&lt;/p&gt;
&lt;p&gt;Hertz was Deputy Assistant Attorney General for the Civil Division in the Bush administration.  In the Plum Book, he is not named but there is one Deputy Assistant Attorney General position listed as “Career incumbent”. No indication from the 2004 Plum Book that he has burrowed into the position.&lt;/p&gt;
&lt;p&gt;FindLaw says that Letter is a staff attorney for the Civil Division Appellate staff.  Hertz is just listed as US Department of Justice.&lt;/p&gt;
&lt;p&gt;That’s all I’ve found on the Google.&lt;/p&gt;
&lt;p&gt;I’m about ready to concede that Holder (or Obama) has fouled up on this one.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Thanks.  The DOJ web site has nothing about personnel.</p>
<p>The Plum Book 2008 shows that Hertz occupies the position held at the time of publication by Gregory Katsas; it is a presidential appointment with advice of the Senate (PAS).  The others are “career appointments” in the Senior Executive Service pay plan.</p>
<p>Hertz was Deputy Assistant Attorney General for the Civil Division in the Bush administration.  In the Plum Book, he is not named but there is one Deputy Assistant Attorney General position listed as “Career incumbent”. No indication from the 2004 Plum Book that he has burrowed into the position.</p>
<p>FindLaw says that Letter is a staff attorney for the Civil Division Appellate staff.  Hertz is just listed as US Department of Justice.</p>
<p>That’s all I’ve found on the Google.</p>
<p>I’m about ready to concede that Holder (or Obama) has fouled up on this one.</p>
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		<title>By: victoria2dc</title>
		<link>http://emptywheel.firedoglake.com/2009/03/25/declining-justice-doj-lets-statute-run-on-bush-criminality/#comment-144468</link>
		<dc:creator>victoria2dc</dc:creator>
		<pubDate>Thu, 26 Mar 2009 02:03:04 +0000</pubDate>
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		<description>&lt;p&gt;bmaz…&lt;/p&gt;
&lt;p&gt;why would they have done this?  Can you please explain what possible positive results this will have for an Obama White House?&lt;/p&gt;
&lt;p&gt;How dare they do this!  Why?  I just can’t understand it.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>bmaz…</p>
<p>why would they have done this?  Can you please explain what possible positive results this will have for an Obama White House?</p>
<p>How dare they do this!  Why?  I just can’t understand it.</p>
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		<title>By: sojourner</title>
		<link>http://emptywheel.firedoglake.com/2009/03/25/declining-justice-doj-lets-statute-run-on-bush-criminality/#comment-144467</link>
		<dc:creator>sojourner</dc:creator>
		<pubDate>Thu, 26 Mar 2009 01:46:48 +0000</pubDate>
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		<description>&lt;p&gt;I have heard an expression uttered twice in recent weeks by close friends who have been done dirty by the companies they worked for. In both cases, they conceivably have a legal remedy for what happened. In both cases, however, they have stated that to pursue that remedy would not be constructive. In other words, they just want to move on.&lt;/p&gt;
&lt;p&gt;I recently read a piece that compares baby-boomers to GenX and GenY, their attitudes toward work and life. Both of my friends are GenX (I am a baby-boomer in my mid-50s). My thought here is that perhaps we are seeing a more universal attitude about justice in general that there is nothing constructive to be gained in pursuing criminal issues against Bush and Cheney.&lt;/p&gt;
&lt;p&gt;That does not mean that I like it at all. It really chaps my rear-end. Sadly, the fact that this president seemingly does not want to pursue the criminality says to me that a younger generation is taking the attitude that justice does not matter.&lt;/p&gt;
&lt;p&gt;I have seen a similar shift in attitudes in the workplace. Older workers insist on doing things “right.” Younger ones just want to do what is expedient in the situation and worry about correcting things later. Sound familiar?&lt;/p&gt;
&lt;p&gt;Sad day for all of us…&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I have heard an expression uttered twice in recent weeks by close friends who have been done dirty by the companies they worked for. In both cases, they conceivably have a legal remedy for what happened. In both cases, however, they have stated that to pursue that remedy would not be constructive. In other words, they just want to move on.</p>
<p>I recently read a piece that compares baby-boomers to GenX and GenY, their attitudes toward work and life. Both of my friends are GenX (I am a baby-boomer in my mid-50s). My thought here is that perhaps we are seeing a more universal attitude about justice in general that there is nothing constructive to be gained in pursuing criminal issues against Bush and Cheney.</p>
<p>That does not mean that I like it at all. It really chaps my rear-end. Sadly, the fact that this president seemingly does not want to pursue the criminality says to me that a younger generation is taking the attitude that justice does not matter.</p>
<p>I have seen a similar shift in attitudes in the workplace. Older workers insist on doing things “right.” Younger ones just want to do what is expedient in the situation and worry about correcting things later. Sound familiar?</p>
<p>Sad day for all of us…</p>
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		<title>By: bmaz</title>
		<link>http://emptywheel.firedoglake.com/2009/03/25/declining-justice-doj-lets-statute-run-on-bush-criminality/#comment-144466</link>
		<dc:creator>bmaz</dc:creator>
		<pubDate>Thu, 26 Mar 2009 01:43:00 +0000</pubDate>
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		<description>&lt;p&gt;You know, from a criminal defense perspective, I kind of like statutes of limitation; however, where the crimes involve an executive (presidential) administration, it is a problem.  I don’t know about eradicating them totally, but do think that enacting a provision that expands the statute, any statute when construed to an executive act, to ten years so that, no matter what, the statute is open for at least two full years after the end of any administration, even if the crime is perpetrated on the first day of the administration.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>You know, from a criminal defense perspective, I kind of like statutes of limitation; however, where the crimes involve an executive (presidential) administration, it is a problem.  I don’t know about eradicating them totally, but do think that enacting a provision that expands the statute, any statute when construed to an executive act, to ten years so that, no matter what, the statute is open for at least two full years after the end of any administration, even if the crime is perpetrated on the first day of the administration.</p>
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		<title>By: Ishmael</title>
		<link>http://emptywheel.firedoglake.com/2009/03/25/declining-justice-doj-lets-statute-run-on-bush-criminality/#comment-144464</link>
		<dc:creator>Ishmael</dc:creator>
		<pubDate>Thu, 26 Mar 2009 01:03:01 +0000</pubDate>
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		<description>&lt;p&gt;The rationale for a limitation period does not seem very compelling in this case - admittedly, I am kibbitzing from a Canadian perspective, where our Criminal Code imposes no time limits at all for indictable offences - (felonies in the US context)except, oddly enough, treason! But none of the usual justifications for limitation periods apply in the criminal wiretapping case.  It’s only been five years, so no evidence has been lost to the passage of time.  Everything has been documented, so gaps or inconsistencies in memory shouldn’t be a problem.  Statutes of limitations have been defended as a bulwark against politicization of the judicial process, or prosecutorial discretion run amok or latter day witchhunts, but it seems that the opposite occurred in the wiretapping cases. &lt;/p&gt;
&lt;p&gt;Not much you can do about it now that the statute has run, but it is interesting to consider the justification for the rule in the first place.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>The rationale for a limitation period does not seem very compelling in this case &#8211; admittedly, I am kibbitzing from a Canadian perspective, where our Criminal Code imposes no time limits at all for indictable offences &#8211; (felonies in the US context)except, oddly enough, treason! But none of the usual justifications for limitation periods apply in the criminal wiretapping case.  It’s only been five years, so no evidence has been lost to the passage of time.  Everything has been documented, so gaps or inconsistencies in memory shouldn’t be a problem.  Statutes of limitations have been defended as a bulwark against politicization of the judicial process, or prosecutorial discretion run amok or latter day witchhunts, but it seems that the opposite occurred in the wiretapping cases. </p>
<p>Not much you can do about it now that the statute has run, but it is interesting to consider the justification for the rule in the first place.</p>
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		<title>By: tbau</title>
		<link>http://emptywheel.firedoglake.com/2009/03/25/declining-justice-doj-lets-statute-run-on-bush-criminality/#comment-144463</link>
		<dc:creator>tbau</dc:creator>
		<pubDate>Thu, 26 Mar 2009 01:01:13 +0000</pubDate>
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		<description>&lt;p&gt;mission accomplished&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>mission accomplished</p>
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		<title>By: macaquerman</title>
		<link>http://emptywheel.firedoglake.com/2009/03/25/declining-justice-doj-lets-statute-run-on-bush-criminality/#comment-144459</link>
		<dc:creator>macaquerman</dc:creator>
		<pubDate>Thu, 26 Mar 2009 00:28:06 +0000</pubDate>
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		<description>&lt;p&gt;It’s never simple.&lt;/p&gt;
&lt;p&gt;&lt;a href=&quot;http://www.dailytimes.com.pk/default.asp?page=2009&quot; rel=&quot;nofollow&quot;&gt;http://www.dailytimes.com.pk/default.asp?page=2009&lt;/a&gt;324story_24-3-2009_pg3_1&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>It’s never simple.</p>
<p><a href="http://www.dailytimes.com.pk/default.asp?page=2009" rel="nofollow">http://www.dailytimes.com.pk/default.asp?page=2009</a>324story_24-3-2009_pg3_1</p>
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		<title>By: bobschacht</title>
		<link>http://emptywheel.firedoglake.com/2009/03/25/declining-justice-doj-lets-statute-run-on-bush-criminality/#comment-144458</link>
		<dc:creator>bobschacht</dc:creator>
		<pubDate>Thu, 26 Mar 2009 00:03:55 +0000</pubDate>
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		<description>&lt;blockquote&gt;&lt;p&gt;    I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it…&lt;/p&gt;
&lt;p&gt;    Learned Hand&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Let’s see now. Let’s compare Pakistan and the U.S. In which country does Liberty thrive?&lt;/p&gt;
&lt;p&gt;In Pakistan, for a number of years, lawyers have taken to the streets to re-instate the Chief Justice, who had been removed from office by one President, and kept out of office by the next. The current gov’t finally relented and re-instated the Chief Justice. &lt;/p&gt;
&lt;p&gt;In the United States, the President and Vice President from 2001-2008 committed war crimes, violated the Constitution, turned the DOJ into an arm of the Republican Party, and broke numerous other laws, including warrantless government surveillance of citizens, and the arrest of citizens without habeas corpus proceedings, arrest warrants, or trials. In response, Congress has emasculated itself, and most of the public seems unconcerned.&lt;/p&gt;
&lt;p&gt;In which country does liberty thrive?&lt;/p&gt;
&lt;p&gt;Just askin’ (and yes, I know that the answer is not simple or one dimensional.)&lt;/p&gt;
&lt;p&gt;Bob in HI&lt;/p&gt;</description>
		<content:encoded><![CDATA[<blockquote><p>    I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it…</p>
<p>    Learned Hand</p>
</blockquote>
<p>Let’s see now. Let’s compare Pakistan and the U.S. In which country does Liberty thrive?</p>
<p>In Pakistan, for a number of years, lawyers have taken to the streets to re-instate the Chief Justice, who had been removed from office by one President, and kept out of office by the next. The current gov’t finally relented and re-instated the Chief Justice. </p>
<p>In the United States, the President and Vice President from 2001-2008 committed war crimes, violated the Constitution, turned the DOJ into an arm of the Republican Party, and broke numerous other laws, including warrantless government surveillance of citizens, and the arrest of citizens without habeas corpus proceedings, arrest warrants, or trials. In response, Congress has emasculated itself, and most of the public seems unconcerned.</p>
<p>In which country does liberty thrive?</p>
<p>Just askin’ (and yes, I know that the answer is not simple or one dimensional.)</p>
<p>Bob in HI</p>
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		<title>By: bobschacht</title>
		<link>http://emptywheel.firedoglake.com/2009/03/25/declining-justice-doj-lets-statute-run-on-bush-criminality/#comment-144457</link>
		<dc:creator>bobschacht</dc:creator>
		<pubDate>Wed, 25 Mar 2009 23:48:32 +0000</pubDate>
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		<description>&lt;p&gt;Heh. Great questions, Mary! Kinda helps puts perspective on it, I’d say.&lt;/p&gt;
&lt;p&gt;Bob in HI&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Heh. Great questions, Mary! Kinda helps puts perspective on it, I’d say.</p>
<p>Bob in HI</p>
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