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	<title>Comments on: Russ Feingold: Repeated Assertion of State Secrets &#8220;Reminiscent of Bush Administration&#8221;</title>
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	<link>http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/</link>
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		<title>By: fatster</title>
		<link>http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/comment-page-1/#comment-152245</link>
		<dc:creator>fatster</dc:creator>
		<pubDate>Tue, 28 Apr 2009 22:22:42 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/#comment-152245</guid>
		<description>&lt;p&gt;Back to Poland, actually:&lt;/p&gt;
&lt;p&gt;‘New’ evidence of secret CIA detention site in Poland reported by Raw Story 2 years ago…&lt;/p&gt;
&lt;p&gt;&lt;a href=&quot;http://rawstory.com/blog/2009/04/new-evidence-of-polish-torture-prison-reported-by-raw-story-2-years-ago/&quot; rel=&quot;nofollow&quot;&gt;http://rawstory.com/blog/2009/.....years-ago/&lt;/a&gt;&lt;/p&gt;
&lt;p&gt;&lt;a href=&quot;http://tinyurl.com/da2otd&quot; rel=&quot;nofollow&quot;&gt;http://tinyurl.com/da2otd&lt;/a&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Back to Poland, actually:</p>
<p>‘New’ evidence of secret CIA detention site in Poland reported by Raw Story 2 years ago…</p>
<p><a href="http://rawstory.com/blog/2009/04/new-evidence-of-polish-torture-prison-reported-by-raw-story-2-years-ago/" rel="nofollow">http://rawstory.com/blog/2009/&#8230;..years-ago/</a></p>
<p><a href="http://tinyurl.com/da2otd" rel="nofollow">http://tinyurl.com/da2otd</a></p>
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		<title>By: Hmmm</title>
		<link>http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/comment-page-1/#comment-152244</link>
		<dc:creator>Hmmm</dc:creator>
		<pubDate>Tue, 28 Apr 2009 22:22:27 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/#comment-152244</guid>
		<description>&lt;p&gt;Semi-OT-ically — Speaking of EFF and FBI, it seems the FBI has since 2002 been massing an “Investigative Data Warehouse” that’s currently up to over 1 billion files.  EFF FOIA’s that and &lt;a href=&quot;http://www.eff.org/issues/foia/investigative-data-warehouse-report&quot; rel=&quot;nofollow&quot;&gt;their report is here&lt;/a&gt;.  Summary &lt;a href=&quot;http://www.eff.org/deeplinks/2009/04/eff-issues-report-fb&quot; rel=&quot;nofollow&quot;&gt;news post is here&lt;/a&gt;.&lt;/p&gt;
&lt;p&gt;Hopes this is not redundant to any recent comments.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Semi-OT-ically — Speaking of EFF and FBI, it seems the FBI has since 2002 been massing an “Investigative Data Warehouse” that’s currently up to over 1 billion files.  EFF FOIA’s that and <a href="http://www.eff.org/issues/foia/investigative-data-warehouse-report" rel="nofollow">their report is here</a>.  Summary <a href="http://www.eff.org/deeplinks/2009/04/eff-issues-report-fb" rel="nofollow">news post is here</a>.</p>
<p>Hopes this is not redundant to any recent comments.</p>
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		<title>By: SparklestheIguana</title>
		<link>http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/comment-page-1/#comment-152199</link>
		<dc:creator>SparklestheIguana</dc:creator>
		<pubDate>Tue, 28 Apr 2009 20:53:00 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/#comment-152199</guid>
		<description>&lt;p&gt;Thanks Mary.  Terrific answer, that clears it up.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Thanks Mary.  Terrific answer, that clears it up.</p>
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		<title>By: Mary</title>
		<link>http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/comment-page-1/#comment-152193</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Tue, 28 Apr 2009 20:35:28 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/#comment-152193</guid>
		<description>&lt;p&gt;One memo, the earlier released torture memo, generically described what Jay Bybee and John Yoo thought was acceptable pain to inflict on other people and included a special dispensation that if the torture was done bc the President, as CIC, wanted it done, then no criminal statutes really applied.  That’s the one that Goldmith withdrew and that was leaked out while Ashcroft was still around.&lt;/p&gt;
&lt;p&gt;The other memo was more specific and it was an attempt at what I would call a reliance memo.  It set forth, not general descriptions of how much abuse is abuse, but rather took very specific instances of things that were going to be done done (actually had been done, but the memo made a pretense of being forward looking).  That memo abandoned the fiction of everything being ok as long as the CIC wanted it and replaced it with other fictions, as to why these acts would not violate existing criminal statutes and Treaties (neatly leaving out the acts they couldn’t excuse around and also misdescribing the ones for which they did nonetheless making shocking justifications).&lt;/p&gt;
&lt;p&gt;Goldsmith did not withdraw this ‘reliance’ opinion.  Levin did not either.  They would have to give you their own inner moral compass reason, but pragmatically I’d say its because that memo at that time was the only thing standing between the CIA torturers and conspirators in the torture program (including their friend Yoo and more importantly the President) and clear crimes. &lt;/p&gt;
&lt;p&gt;Both of the August 2002 memos, IMO, should have mentioned the Reagan waterboarding case.  That’s not the only reason they should have been withdrawn, but that’s one.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>One memo, the earlier released torture memo, generically described what Jay Bybee and John Yoo thought was acceptable pain to inflict on other people and included a special dispensation that if the torture was done bc the President, as CIC, wanted it done, then no criminal statutes really applied.  That’s the one that Goldmith withdrew and that was leaked out while Ashcroft was still around.</p>
<p>The other memo was more specific and it was an attempt at what I would call a reliance memo.  It set forth, not general descriptions of how much abuse is abuse, but rather took very specific instances of things that were going to be done done (actually had been done, but the memo made a pretense of being forward looking).  That memo abandoned the fiction of everything being ok as long as the CIC wanted it and replaced it with other fictions, as to why these acts would not violate existing criminal statutes and Treaties (neatly leaving out the acts they couldn’t excuse around and also misdescribing the ones for which they did nonetheless making shocking justifications).</p>
<p>Goldsmith did not withdraw this ‘reliance’ opinion.  Levin did not either.  They would have to give you their own inner moral compass reason, but pragmatically I’d say its because that memo at that time was the only thing standing between the CIA torturers and conspirators in the torture program (including their friend Yoo and more importantly the President) and clear crimes. </p>
<p>Both of the August 2002 memos, IMO, should have mentioned the Reagan waterboarding case.  That’s not the only reason they should have been withdrawn, but that’s one.</p>
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		<title>By: NorskeFlamethrower</title>
		<link>http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/comment-page-1/#comment-152165</link>
		<dc:creator>NorskeFlamethrower</dc:creator>
		<pubDate>Tue, 28 Apr 2009 19:36:52 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/#comment-152165</guid>
		<description>&lt;p&gt;AND THE KILLIN’ GOEZ ON AND ON AND…&lt;/p&gt;
&lt;p&gt;Citizen emptywheel and the Firepup Freedom Fighters:&lt;/p&gt;
&lt;p&gt;I for one am glad that you and Sen. Feingold are keepin’ the heat close ta the feet of the White House on the secrecy and domestic spyin’ stuff but I would like to voice a reminder that Obama is ruling from the top of a VERY big mine field. With the entire executive and Justice Dept. civil service embedded with crypto-Nazi Bushbots and the CIA workin’ personel compromised by the Cheney manipulations, Obama’s gotta move cautiously to secure the fealty of those that matter beginnin’ with the CIA (he’s got the FBI). The NSA and the other shadow bureucracies are much more politically sensitive in that solid Democrats in the committees that hold the purse strings must be placed so as to be able to disarm the claymores each has placed around their office complexes.&lt;/p&gt;
&lt;p&gt;I am NOT convinced that Obama is ready to step into Cheney’s footprints and God knows Cheney’s goal was to control but not to insulate folks like the NSA and CIA.  Cheney’s left both of these forces hangin’ out to dry and their allegiance at the moment is given to the corporate powers that staff and support them.&lt;/p&gt;
&lt;p&gt;Let’s keep the pressure on but cut Obama some slack…I for one don’t want him joinin’ the faces of dead president’s on currency anytime soon.&lt;/p&gt;
&lt;p&gt;KEEP THE FAITH AND PASS THE AMMUNITION, THE WAR IS ALL OURS!!&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>AND THE KILLIN’ GOEZ ON AND ON AND…</p>
<p>Citizen emptywheel and the Firepup Freedom Fighters:</p>
<p>I for one am glad that you and Sen. Feingold are keepin’ the heat close ta the feet of the White House on the secrecy and domestic spyin’ stuff but I would like to voice a reminder that Obama is ruling from the top of a VERY big mine field. With the entire executive and Justice Dept. civil service embedded with crypto-Nazi Bushbots and the CIA workin’ personel compromised by the Cheney manipulations, Obama’s gotta move cautiously to secure the fealty of those that matter beginnin’ with the CIA (he’s got the FBI). The NSA and the other shadow bureucracies are much more politically sensitive in that solid Democrats in the committees that hold the purse strings must be placed so as to be able to disarm the claymores each has placed around their office complexes.</p>
<p>I am NOT convinced that Obama is ready to step into Cheney’s footprints and God knows Cheney’s goal was to control but not to insulate folks like the NSA and CIA.  Cheney’s left both of these forces hangin’ out to dry and their allegiance at the moment is given to the corporate powers that staff and support them.</p>
<p>Let’s keep the pressure on but cut Obama some slack…I for one don’t want him joinin’ the faces of dead president’s on currency anytime soon.</p>
<p>KEEP THE FAITH AND PASS THE AMMUNITION, THE WAR IS ALL OURS!!</p>
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		<title>By: KiwiJackson</title>
		<link>http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/comment-page-1/#comment-152161</link>
		<dc:creator>KiwiJackson</dc:creator>
		<pubDate>Tue, 28 Apr 2009 19:35:20 +0000</pubDate>
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		<description>&lt;p&gt;Thanks for your update to this MadDog.  And a hearty hell yes finally.  Boeing was a blessing then a curse.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Thanks for your update to this MadDog.  And a hearty hell yes finally.  Boeing was a blessing then a curse.</p>
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		<title>By: cbl2</title>
		<link>http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/comment-page-1/#comment-152154</link>
		<dc:creator>cbl2</dc:creator>
		<pubDate>Tue, 28 Apr 2009 19:12:24 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/#comment-152154</guid>
		<description>&lt;p&gt;kos and kagro x are covering that on the front page of Big Orange&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>kos and kagro x are covering that on the front page of Big Orange</p>
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		<title>By: SparklestheIguana</title>
		<link>http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/comment-page-1/#comment-152153</link>
		<dc:creator>SparklestheIguana</dc:creator>
		<pubDate>Tue, 28 Apr 2009 19:11:53 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/#comment-152153</guid>
		<description>&lt;p&gt;Can someone please clear this up for me.  I’m confused.&lt;/p&gt;
&lt;p&gt;There are two 8/02 Bybee memos, right?  One was withdrawn by Jack Goldsmith, the other one is the one that was recently made public, which Goldsmith did not withdraw?  Which of the two memos should have mentioned the Reagan-era prosecution of the sheriffs who were convicted of waterboarding their prisoner(s)?  Should Goldsmith have withdrawn the second one because it failed to mention that case, and if he should have and didn’t, why didn’t he?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Can someone please clear this up for me.  I’m confused.</p>
<p>There are two 8/02 Bybee memos, right?  One was withdrawn by Jack Goldsmith, the other one is the one that was recently made public, which Goldsmith did not withdraw?  Which of the two memos should have mentioned the Reagan-era prosecution of the sheriffs who were convicted of waterboarding their prisoner(s)?  Should Goldsmith have withdrawn the second one because it failed to mention that case, and if he should have and didn’t, why didn’t he?</p>
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		<title>By: cbl2</title>
		<link>http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/comment-page-1/#comment-152151</link>
		<dc:creator>cbl2</dc:creator>
		<pubDate>Tue, 28 Apr 2009 19:10:21 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/#comment-152151</guid>
		<description>&lt;p&gt;already stated in his presser he is still against her nomination&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>already stated in his presser he is still against her nomination</p>
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		<title>By: JTMinIA</title>
		<link>http://emptywheel.firedoglake.com/2009/04/28/russ-feingold-repeated-assertion-of-state-secrets-reminiscent-of-bush-administration/comment-page-1/#comment-152150</link>
		<dc:creator>JTMinIA</dc:creator>
		<pubDate>Tue, 28 Apr 2009 19:07:03 +0000</pubDate>
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		<description>&lt;p&gt;One problem with the Specter switch: who will be the new ranker on his committee?  I doubt he or she will work as well with Leahy (if you consider what Leahy has been doing between puffs of hot air to be “work”).&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>One problem with the Specter switch: who will be the new ranker on his committee?  I doubt he or she will work as well with Leahy (if you consider what Leahy has been doing between puffs of hot air to be “work”).</p>
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