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	<title>Comments on: Durbin and Whitehouse: Why Did Mukasey Give OLC a Peek at the Yoo/Bradbury Results?</title>
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	<link>http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/</link>
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		<title>By: rafflaw</title>
		<link>http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145669</link>
		<dc:creator>rafflaw</dc:creator>
		<pubDate>Wed, 01 Apr 2009 03:21:52 +0000</pubDate>
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		<description>&lt;p&gt;We need Harry Reid to go to the mat to force the Republicants to filibuster all night and all day.  He has to put this hypocrisy and obstructionism on full display for the American public to see.  We need Prof. Johnsen in the OLC post haste.  Obama needs to start using his “Bully Pulpit” to put the pressure on the Republicans.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>We need Harry Reid to go to the mat to force the Republicants to filibuster all night and all day.  He has to put this hypocrisy and obstructionism on full display for the American public to see.  We need Prof. Johnsen in the OLC post haste.  Obama needs to start using his “Bully Pulpit” to put the pressure on the Republicans.</p>
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		<title>By: Loo Hoo.</title>
		<link>http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145652</link>
		<dc:creator>Loo Hoo.</dc:creator>
		<pubDate>Wed, 01 Apr 2009 02:06:52 +0000</pubDate>
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		<description>&lt;p&gt;Cantar, pajarito.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Cantar, pajarito.</p>
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		<title>By: MadDog</title>
		<link>http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145647</link>
		<dc:creator>MadDog</dc:creator>
		<pubDate>Wed, 01 Apr 2009 01:42:26 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145647</guid>
		<description>&lt;blockquote&gt;&lt;p&gt;How many more cases like mine, of burrowed BushCo Civil Servants destroying/obstructing from within?&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Thanks for your service, and for bringing this up! I’ve commented about this recently and I’ll repeat some it again.&lt;/p&gt;
&lt;p&gt;It is not &lt;i&gt;just&lt;/i&gt; the political appointees changing to burrowed Civil Servants, but the fact that over the course of the 8 years of the Bush/Cheney Administration, the people who got the best performance reviews and promotions were likely the people who drank the most Bush/Cheney Kool-Aid.&lt;/p&gt;
&lt;p&gt;This is likely not only at the DOI (Department of &lt;i&gt;&lt;b&gt;In&lt;/b&gt;&lt;/i&gt;justice), but everywhere throughout the Federal government.&lt;/p&gt;
&lt;p&gt;Can we say Repug fifth column? Yes, I thought so!&lt;/p&gt;</description>
		<content:encoded><![CDATA[<blockquote><p>How many more cases like mine, of burrowed BushCo Civil Servants destroying/obstructing from within?</p>
</blockquote>
<p>Thanks for your service, and for bringing this up! I’ve commented about this recently and I’ll repeat some it again.</p>
<p>It is not <i>just</i> the political appointees changing to burrowed Civil Servants, but the fact that over the course of the 8 years of the Bush/Cheney Administration, the people who got the best performance reviews and promotions were likely the people who drank the most Bush/Cheney Kool-Aid.</p>
<p>This is likely not only at the DOI (Department of <i><b>In</b></i>justice), but everywhere throughout the Federal government.</p>
<p>Can we say Repug fifth column? Yes, I thought so!</p>
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		<title>By: TheLurkingMod</title>
		<link>http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145646</link>
		<dc:creator>TheLurkingMod</dc:creator>
		<pubDate>Wed, 01 Apr 2009 01:37:53 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145646</guid>
		<description>&lt;p&gt;Gregg Levine is upstairs at the Mothership!&lt;br /&gt;&lt;a href=&quot;http://firedoglake.com/2009/03/31/election-night-jitters/&quot; rel=&quot;nofollow&quot;&gt;Election Night Jitters&lt;/a&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Gregg Levine is upstairs at the Mothership!<br /><a href="http://firedoglake.com/2009/03/31/election-night-jitters/" rel="nofollow">Election Night Jitters</a></p>
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		<title>By: Loo Hoo.</title>
		<link>http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145644</link>
		<dc:creator>Loo Hoo.</dc:creator>
		<pubDate>Wed, 01 Apr 2009 01:34:06 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145644</guid>
		<description>&lt;p&gt;Thanks, Mary.  A great analogy.&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;The example I have probably abused is to say that if a court rules that, under the facts of someone passing by an obviously burning home they hear a crying baby and they then forcibly break into the home and grab the baby and take it from the burning home - if a court rules under those circumstances that it was justified for someone to break into the home and snatch the baby from it’s bedroom —- that is NOT THE SAME as saying that a court has ruled it is ok to break into houses and take babies. You can’t divorce the holding from the facts.&lt;/p&gt;&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p>Thanks, Mary.  A great analogy.</p>
<blockquote><p>The example I have probably abused is to say that if a court rules that, under the facts of someone passing by an obviously burning home they hear a crying baby and they then forcibly break into the home and grab the baby and take it from the burning home &#8211; if a court rules under those circumstances that it was justified for someone to break into the home and snatch the baby from it’s bedroom —- that is NOT THE SAME as saying that a court has ruled it is ok to break into houses and take babies. You can’t divorce the holding from the facts.</p>
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		<title>By: pajarito</title>
		<link>http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145640</link>
		<dc:creator>pajarito</dc:creator>
		<pubDate>Wed, 01 Apr 2009 00:58:07 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145640</guid>
		<description>&lt;p&gt;Let me give you an idea of the problem with all federal government agencies and “moles” (now firmly buried like a tick on a hound).&lt;/p&gt;
&lt;p&gt;I (e.g. ethical, law abiding…) was run out of DOI for whistle-blowing.  The principal culprits who tried to fire me and fired my wife (a temp. so not protected under civil service rules) are still with DOI.  One is now The Bureau Director, another now an Area Office Manager, and another promoted to a regional office from the area office.  Each is staunchly in the BushCo anti-government camp.  Each was active in illegal/unethical actions as government executives.  One is in charge of Bureau operations over the entire West (The Bureau Director), one in 3 states (the regional office) and one in 2 states (the area office).&lt;/p&gt;
&lt;p&gt;Five former staff (Brave souls) at my grade or higher (GS12), in the same discipline, provided affidavits of experience similar to mine in being suppressed, harrassed, and bullied (e.g. forced) into illegal or unethical acts in their official duties.&lt;/p&gt;
&lt;p&gt;How many more cases like mine, of burrowed BushCo Civil Servants destroying/obstructing from within?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Let me give you an idea of the problem with all federal government agencies and “moles” (now firmly buried like a tick on a hound).</p>
<p>I (e.g. ethical, law abiding…) was run out of DOI for whistle-blowing.  The principal culprits who tried to fire me and fired my wife (a temp. so not protected under civil service rules) are still with DOI.  One is now The Bureau Director, another now an Area Office Manager, and another promoted to a regional office from the area office.  Each is staunchly in the BushCo anti-government camp.  Each was active in illegal/unethical actions as government executives.  One is in charge of Bureau operations over the entire West (The Bureau Director), one in 3 states (the regional office) and one in 2 states (the area office).</p>
<p>Five former staff (Brave souls) at my grade or higher (GS12), in the same discipline, provided affidavits of experience similar to mine in being suppressed, harrassed, and bullied (e.g. forced) into illegal or unethical acts in their official duties.</p>
<p>How many more cases like mine, of burrowed BushCo Civil Servants destroying/obstructing from within?</p>
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		<title>By: Mary</title>
		<link>http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145639</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Wed, 01 Apr 2009 00:55:18 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145639</guid>
		<description>&lt;p&gt;9 - *g*  Yep, as in that.  &lt;/p&gt;
&lt;p&gt;12 - I hope that’s the case, but I sense Kabuki.  Make it look like it was really hard to get her in, then have nothing happen, either by virtue of Holder not asking for OLC input on prosecution or by virtue of her reluctantly agreeing that no torturers should be pursued bc of the opinions, although bar action for the lawyers should be considered.  I hope I’m wrong on all that, but I really do not get a sense that getting her into OLC is going to make any-much difference for what has been, although maybe for what will be.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>9 &#8211; *g*  Yep, as in that.  </p>
<p>12 &#8211; I hope that’s the case, but I sense Kabuki.  Make it look like it was really hard to get her in, then have nothing happen, either by virtue of Holder not asking for OLC input on prosecution or by virtue of her reluctantly agreeing that no torturers should be pursued bc of the opinions, although bar action for the lawyers should be considered.  I hope I’m wrong on all that, but I really do not get a sense that getting her into OLC is going to make any-much difference for what has been, although maybe for what will be.</p>
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		<title>By: MadDog</title>
		<link>http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145637</link>
		<dc:creator>MadDog</dc:creator>
		<pubDate>Wed, 01 Apr 2009 00:53:20 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145637</guid>
		<description>&lt;p&gt;I’m going to add more comment on this particular subject.&lt;/p&gt;
&lt;p&gt;This is the &lt;i&gt;&lt;b&gt;biggest battle you’ve never heard of!&lt;/b&gt;&lt;/i&gt;&lt;/p&gt;
&lt;p&gt;The topic of approving Dawn Johnsen’s nomination to head the DOJ’s Office of Legal Counsel gets almost &lt;i&gt;no&lt;/i&gt; press.&lt;/p&gt;
&lt;p&gt;And &lt;i&gt;yet&lt;/i&gt;, the Repugs are planning to &lt;i&gt;filibuster this&lt;/i&gt; particular nominee!&lt;/p&gt;
&lt;p&gt;Think of all the things that the Repugs hate about the Obama Administration and the Democratic majority in Congress (the budget, plans for withdrawal from Iraq, health care, the various bailouts to the auto and financial industries, etc.), and the Repugs are planning to &lt;i&gt;filibuster this&lt;/i&gt;!&lt;/p&gt;
&lt;p&gt;What does this say about the state of our governance?&lt;/p&gt;
&lt;p&gt;It &lt;i&gt;says&lt;/i&gt; that the Repugs take &lt;i&gt;this&lt;/i&gt; particular subject &lt;i&gt;more&lt;/i&gt; seriously than &lt;i&gt;anything&lt;/i&gt; else!&lt;/p&gt;
&lt;p&gt;And well they should!&lt;/p&gt;
&lt;p&gt;Because the Repugs &lt;i&gt;believe&lt;/i&gt; that if Dawn Johnsen is approved to head the OLC, it means that Repugs will go to jail! A lot of Repugs! A whole administration of Repugs!&lt;/p&gt;
&lt;p&gt;The fact that the Repugs take this so seriously should be ringing alarm bells in all our ears!&lt;/p&gt;
&lt;p&gt;We should be taking this seriously too! &lt;/p&gt;
&lt;p&gt;There is a deafening silence in TradMed about this topic, with the whole thing &lt;i&gt;evidently&lt;/i&gt; flying below their imaginary radar, and it should be ringing those alarm bells too!&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I’m going to add more comment on this particular subject.</p>
<p>This is the <i><b>biggest battle you’ve never heard of!</b></i></p>
<p>The topic of approving Dawn Johnsen’s nomination to head the DOJ’s Office of Legal Counsel gets almost <i>no</i> press.</p>
<p>And <i>yet</i>, the Repugs are planning to <i>filibuster this</i> particular nominee!</p>
<p>Think of all the things that the Repugs hate about the Obama Administration and the Democratic majority in Congress (the budget, plans for withdrawal from Iraq, health care, the various bailouts to the auto and financial industries, etc.), and the Repugs are planning to <i>filibuster this</i>!</p>
<p>What does this say about the state of our governance?</p>
<p>It <i>says</i> that the Repugs take <i>this</i> particular subject <i>more</i> seriously than <i>anything</i> else!</p>
<p>And well they should!</p>
<p>Because the Repugs <i>believe</i> that if Dawn Johnsen is approved to head the OLC, it means that Repugs will go to jail! A lot of Repugs! A whole administration of Repugs!</p>
<p>The fact that the Repugs take this so seriously should be ringing alarm bells in all our ears!</p>
<p>We should be taking this seriously too! </p>
<p>There is a deafening silence in TradMed about this topic, with the whole thing <i>evidently</i> flying below their imaginary radar, and it should be ringing those alarm bells too!</p>
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		<title>By: Mary</title>
		<link>http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145636</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Wed, 01 Apr 2009 00:51:47 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145636</guid>
		<description>&lt;p&gt;23 - ??? I’m not sure what is directed at me?  The quote you have is from item 4 in the Durbin/Whitehouse letter.  My  take on that item 4 was this:  &lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;I think 4 is a very legitimate and important question and I would think they should demand and get redlines on everything at every stage once the initial draft left OPR. I would also think they would want the OPR investigation to actually include all the info relating to Mukasey’s efforts to keep the OPR investigation on track or derail it, but that may be for another day. &lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;That they get redlines not just for the draft given to Mukasey, but that they get redlines for any changes after the initial draft left OPR, so if there were some after Bradbury or OLC reviewed as well.  Also that OPR should get or Durbin/Whitehouse should, discovery on all info relating to those drafts - the review of them and people’s input - so if there are handwritten notes by Mukasey on a copy that went to someone or there were emails, etc.  &lt;/p&gt;
&lt;p&gt;So Im’ not sure what you are addressing to me from that?   &lt;/p&gt;
&lt;p&gt;If you instead mean my reference to item 2, that I wouldn’t be surprised if there were precedent for allowing lawyers to look over the evidentiary items offered up after investigation before referral (which is what I take it from this:  &lt;em&gt;Usually in such cases the comments are allowed to be made in a much more restrictive manner, without laying out all the evidence or revealing the identities of those who may have blown the whistle on their actions&lt;/em&gt;) which “such cases” are you familiar with? &lt;/p&gt;
&lt;p&gt;The few bar disciplinary actions I have been involved with outside of a gov setting (and that is what the OPR investigation involves - it is NOT a criminal investigation, but a prof ethics investigation) were situations where people did get pretty thorough abilities to review investigation results and make their cases - I’m thinking that here the OPR serves a bit in the function of a bar’s disciplinary commitee for the issuance of its finding (although it would have to then actually go on to a disciplinary committee for actual action).&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>23 &#8211; ??? I’m not sure what is directed at me?  The quote you have is from item 4 in the Durbin/Whitehouse letter.  My  take on that item 4 was this:  </p>
<blockquote><p>I think 4 is a very legitimate and important question and I would think they should demand and get redlines on everything at every stage once the initial draft left OPR. I would also think they would want the OPR investigation to actually include all the info relating to Mukasey’s efforts to keep the OPR investigation on track or derail it, but that may be for another day. </p>
</blockquote>
<p>That they get redlines not just for the draft given to Mukasey, but that they get redlines for any changes after the initial draft left OPR, so if there were some after Bradbury or OLC reviewed as well.  Also that OPR should get or Durbin/Whitehouse should, discovery on all info relating to those drafts &#8211; the review of them and people’s input &#8211; so if there are handwritten notes by Mukasey on a copy that went to someone or there were emails, etc.  </p>
<p>So Im’ not sure what you are addressing to me from that?   </p>
<p>If you instead mean my reference to item 2, that I wouldn’t be surprised if there were precedent for allowing lawyers to look over the evidentiary items offered up after investigation before referral (which is what I take it from this:  <em>Usually in such cases the comments are allowed to be made in a much more restrictive manner, without laying out all the evidence or revealing the identities of those who may have blown the whistle on their actions</em>) which “such cases” are you familiar with? </p>
<p>The few bar disciplinary actions I have been involved with outside of a gov setting (and that is what the OPR investigation involves &#8211; it is NOT a criminal investigation, but a prof ethics investigation) were situations where people did get pretty thorough abilities to review investigation results and make their cases &#8211; I’m thinking that here the OPR serves a bit in the function of a bar’s disciplinary commitee for the issuance of its finding (although it would have to then actually go on to a disciplinary committee for actual action).</p>
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		<title>By: Mary</title>
		<link>http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145635</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Wed, 01 Apr 2009 00:43:13 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/03/31/durbin-and-whitehouse-why-did-mukasey-give-olc-a-peek-at-the-yoobradbury-results/#comment-145635</guid>
		<description>&lt;p&gt;7 - &lt;em&gt;Department of Just Us (DoJU)…sounds asian.&lt;/em&gt;&lt;br /&gt;
Well, given the endorsement of Chinese Water Torture …&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>7 &#8211; <em>Department of Just Us (DoJU)…sounds asian.</em><br />
Well, given the endorsement of Chinese Water Torture …</p>
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