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	<title>Comments on: How a Review Gets to Grand Jury in Five Days or Less</title>
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		<title>By: lllphd</title>
		<link>http://emptywheel.firedoglake.com/2009/08/28/how-a-review-gets-to-grand-jury-in-five-days-or-less/#comment-186075</link>
		<dc:creator>lllphd</dc:creator>
		<pubDate>Mon, 31 Aug 2009 16:17:23 +0000</pubDate>
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		<description>&lt;p&gt;oh, christ, the blackmail thing had definitely occurred to me, but not the real-time sadism factor.  &lt;/p&gt;
&lt;p&gt;i mean, holy christ.  &lt;/p&gt;
&lt;p&gt;so why would obama want the move on with that kind of goods on these creeps?  would it not make more sense on several dimensions for him to see this as an opportunity to really spike these thugs once and for all, neocons and all the oil war machine maggots with them?  and make him the hero rescuing our nation for all time?  i’m missing where he has reason to sign up for the craven crew.  unless, of course, it’s simply for him and his family to survive.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>oh, christ, the blackmail thing had definitely occurred to me, but not the real-time sadism factor.  </p>
<p>i mean, holy christ.  </p>
<p>so why would obama want the move on with that kind of goods on these creeps?  would it not make more sense on several dimensions for him to see this as an opportunity to really spike these thugs once and for all, neocons and all the oil war machine maggots with them?  and make him the hero rescuing our nation for all time?  i’m missing where he has reason to sign up for the craven crew.  unless, of course, it’s simply for him and his family to survive.</p>
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		<title>By: lllphd</title>
		<link>http://emptywheel.firedoglake.com/2009/08/28/how-a-review-gets-to-grand-jury-in-five-days-or-less/#comment-186070</link>
		<dc:creator>lllphd</dc:creator>
		<pubDate>Mon, 31 Aug 2009 15:52:03 +0000</pubDate>
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		<description>&lt;p&gt;if wishes were horses….&lt;/p&gt;
&lt;p&gt;bmaz, alinaustx raises some interesting points that may not win him the bet, but still provide an interesting angle, at least on the pictures that were held back by obama.  could the inclusion in that batch of a known murder victim be perhaps the best reason so far for keeping them under wraps?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>if wishes were horses….</p>
<p>bmaz, alinaustx raises some interesting points that may not win him the bet, but still provide an interesting angle, at least on the pictures that were held back by obama.  could the inclusion in that batch of a known murder victim be perhaps the best reason so far for keeping them under wraps?</p>
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		<title>By: lllphd</title>
		<link>http://emptywheel.firedoglake.com/2009/08/28/how-a-review-gets-to-grand-jury-in-five-days-or-less/#comment-186067</link>
		<dc:creator>lllphd</dc:creator>
		<pubDate>Mon, 31 Aug 2009 15:43:47 +0000</pubDate>
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		<description>&lt;p&gt;al, have to agree with your compliment of bmaz, and your candid criticism, as well.  the rudeness just has to stop.  please.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>al, have to agree with your compliment of bmaz, and your candid criticism, as well.  the rudeness just has to stop.  please.</p>
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		<title>By: bmaz</title>
		<link>http://emptywheel.firedoglake.com/2009/08/28/how-a-review-gets-to-grand-jury-in-five-days-or-less/#comment-185719</link>
		<dc:creator>bmaz</dc:creator>
		<pubDate>Sun, 30 Aug 2009 06:29:44 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/08/28/how-a-review-gets-to-grand-jury-in-five-days-or-less/#comment-185719</guid>
		<description>&lt;p&gt;Trust me, the folks at DOJ, and Durham and his assistants, may not be digital whiz kids, but they are not tunneled in on BetaMax or VHS or something.  I am pretty confident that, of all the possible issues, this will not be one.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Trust me, the folks at DOJ, and Durham and his assistants, may not be digital whiz kids, but they are not tunneled in on BetaMax or VHS or something.  I am pretty confident that, of all the possible issues, this will not be one.</p>
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		<title>By: readerOfTeaLeaves</title>
		<link>http://emptywheel.firedoglake.com/2009/08/28/how-a-review-gets-to-grand-jury-in-five-days-or-less/#comment-185718</link>
		<dc:creator>readerOfTeaLeaves</dc:creator>
		<pubDate>Sun, 30 Aug 2009 06:26:00 +0000</pubDate>
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		<description>&lt;blockquote&gt;&lt;p&gt;Durham may be dual purposing his use of the torture tape GJ&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;As this goes forward, it is really important to make sure that the term ‘torture tape’ is NOT limited to the notion ‘analog’.  PJBurke makes a very good point, and I’m convinced that Bush, Cheney, Rice, Hadley, Cambone, Addington, Alice Fisher, et al would have no problem whatsoever looking God straight in the eye and saying that they ‘didn’t tape’… &lt;/p&gt;
&lt;p&gt;In RovianSpeak, that would mean, “We didn’t make ANALOG tapes, and since &lt;em&gt;you&lt;/em&gt; didn’t specify what type of tape, we’ll tell you honestly that we didn’t ‘tape’, because we didn’t.  Make ‘analog’ videos.” &lt;/p&gt;
&lt;p&gt;Because, you know, in Bu$h$peak and Rovarian, that means that they didn’t lie.&lt;/p&gt;
&lt;p&gt;They’re counting on not being asked about the specific type of tape, and as long as they can weasel, they will.  &lt;/p&gt;
&lt;p&gt;After all, it was GWBush who  told the press corps in Sept 2003 that any WH staff found leaking about Plame would be fired, and that DC was ‘full of leaks’.  GWBush smirked when he said it.   So he’s counting on the prosecutor(s) being technically inept, in order for his truthiness  version to keep his ass out of prison.&lt;/p&gt;
&lt;p&gt;So when ‘the left’ or whatever the odd collection of The Great Pissed Off calls itself talks about ‘tapes’, it’s important to expand the concept.   To help other people — like, people who watch YouTubes — grasp that ‘tape’ is no longer a narrow term limited to VHS video.  It means digital.  And that’s probably where this will lead.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<blockquote><p>Durham may be dual purposing his use of the torture tape GJ</p>
</blockquote>
<p>As this goes forward, it is really important to make sure that the term ‘torture tape’ is NOT limited to the notion ‘analog’.  PJBurke makes a very good point, and I’m convinced that Bush, Cheney, Rice, Hadley, Cambone, Addington, Alice Fisher, et al would have no problem whatsoever looking God straight in the eye and saying that they ‘didn’t tape’… </p>
<p>In RovianSpeak, that would mean, “We didn’t make ANALOG tapes, and since <em>you</em> didn’t specify what type of tape, we’ll tell you honestly that we didn’t ‘tape’, because we didn’t.  Make ‘analog’ videos.” </p>
<p>Because, you know, in Bu$h$peak and Rovarian, that means that they didn’t lie.</p>
<p>They’re counting on not being asked about the specific type of tape, and as long as they can weasel, they will.  </p>
<p>After all, it was GWBush who  told the press corps in Sept 2003 that any WH staff found leaking about Plame would be fired, and that DC was ‘full of leaks’.  GWBush smirked when he said it.   So he’s counting on the prosecutor(s) being technically inept, in order for his truthiness  version to keep his ass out of prison.</p>
<p>So when ‘the left’ or whatever the odd collection of The Great Pissed Off calls itself talks about ‘tapes’, it’s important to expand the concept.   To help other people — like, people who watch YouTubes — grasp that ‘tape’ is no longer a narrow term limited to VHS video.  It means digital.  And that’s probably where this will lead.</p>
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		<title>By: readerOfTeaLeaves</title>
		<link>http://emptywheel.firedoglake.com/2009/08/28/how-a-review-gets-to-grand-jury-in-five-days-or-less/#comment-185717</link>
		<dc:creator>readerOfTeaLeaves</dc:creator>
		<pubDate>Sun, 30 Aug 2009 06:14:11 +0000</pubDate>
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		<description>&lt;p&gt;If you click on EW’s Ghorbanifar Timeline (on the right side panel of your screen), you may want to check out the period of April, May, June 2003.&lt;/p&gt;
&lt;p&gt;There are reasons not directly related to 9/11 that would prompt Holder or any sane, clear thinking individual, to investigate what happened under Bu$hCheney, Inc.&lt;/p&gt;
&lt;p&gt;They may have more to do with controlling resources or other as-yet-muddy reasons than they have to 9/11.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>If you click on EW’s Ghorbanifar Timeline (on the right side panel of your screen), you may want to check out the period of April, May, June 2003.</p>
<p>There are reasons not directly related to 9/11 that would prompt Holder or any sane, clear thinking individual, to investigate what happened under Bu$hCheney, Inc.</p>
<p>They may have more to do with controlling resources or other as-yet-muddy reasons than they have to 9/11.</p>
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		<title>By: readerOfTeaLeaves</title>
		<link>http://emptywheel.firedoglake.com/2009/08/28/how-a-review-gets-to-grand-jury-in-five-days-or-less/#comment-185716</link>
		<dc:creator>readerOfTeaLeaves</dc:creator>
		<pubDate>Sun, 30 Aug 2009 06:08:58 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/08/28/how-a-review-gets-to-grand-jury-in-five-days-or-less/#comment-185716</guid>
		<description>&lt;blockquote&gt;&lt;p&gt;So what bothers me is this: &lt;strong&gt;should we be accepting — as fact — that the torture recordings were made on actual old-skool tape?&lt;/strong&gt; Is there an actual direct statement, e.g. “we recorded on tape” on the record from anyone who should be considered unimpeachable as to such statements of fact? Or is that “tapes” idea serving as a very-convenient-for-Cheney (but not necessarily true) assumption?&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;The stakes are pretty obvious: digitally-recorded, digitally-transmitted torture-porn could very well still be “living” on a server, a CD or DVD, or even embedded within an e-mail somewhere. &lt;/strong&gt;Maybe only within SIPRNET, but it could very well still be somewhere.&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;PJBurke, this topic first surfaced here about 1 1/2 years ago, which is no slam at you at all — b/c this is a great, informative comment.&lt;/p&gt;
&lt;p&gt;I’m among those who wholeheartedly agree with your premise that Cheney (and GWBush) counted on people assuming that the ‘tapes’ were analog.  I’m also among those who agree that the stakes are high, that there are very likely copies of those (digital) tapes floating around.&lt;/p&gt;
&lt;p&gt;In my case, I started out suspecting that other nations had found a way to hack, buy, or obtain copies; more recently, I’ve suspected oil companies among those out to  get ‘protection + blackmail mojo’ by obtaining tapes.&lt;/p&gt;
&lt;p&gt;And just to underscore you point, consider that GWBush could — technically — have been watching in ‘real-time’, if you really want  your spine to shudder.  Ditto Cheney.  Toss in conference technologies that were maturing in the late 1990s and early 2000’s, and it’s uber-creepy.&lt;/p&gt;
&lt;p&gt;So yeah, plenty of reason for a whole lot of people to claim that we ‘need to move on’ and ‘not keep re-hashing the past’.  Among them, a whole lot of GOP Senators (and a couple Dems) who weren’t keeping an eye on what  BushCheney_Blackwater were up to.&lt;/p&gt;
&lt;p&gt;Sinister.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<blockquote><p>So what bothers me is this: <strong>should we be accepting — as fact — that the torture recordings were made on actual old-skool tape?</strong> Is there an actual direct statement, e.g. “we recorded on tape” on the record from anyone who should be considered unimpeachable as to such statements of fact? Or is that “tapes” idea serving as a very-convenient-for-Cheney (but not necessarily true) assumption?</p>
<p><strong>The stakes are pretty obvious: digitally-recorded, digitally-transmitted torture-porn could very well still be “living” on a server, a CD or DVD, or even embedded within an e-mail somewhere. </strong>Maybe only within SIPRNET, but it could very well still be somewhere.</p>
</blockquote>
<p>PJBurke, this topic first surfaced here about 1 1/2 years ago, which is no slam at you at all — b/c this is a great, informative comment.</p>
<p>I’m among those who wholeheartedly agree with your premise that Cheney (and GWBush) counted on people assuming that the ‘tapes’ were analog.  I’m also among those who agree that the stakes are high, that there are very likely copies of those (digital) tapes floating around.</p>
<p>In my case, I started out suspecting that other nations had found a way to hack, buy, or obtain copies; more recently, I’ve suspected oil companies among those out to  get ‘protection + blackmail mojo’ by obtaining tapes.</p>
<p>And just to underscore you point, consider that GWBush could — technically — have been watching in ‘real-time’, if you really want  your spine to shudder.  Ditto Cheney.  Toss in conference technologies that were maturing in the late 1990s and early 2000’s, and it’s uber-creepy.</p>
<p>So yeah, plenty of reason for a whole lot of people to claim that we ‘need to move on’ and ‘not keep re-hashing the past’.  Among them, a whole lot of GOP Senators (and a couple Dems) who weren’t keeping an eye on what  BushCheney_Blackwater were up to.</p>
<p>Sinister.</p>
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		<title>By: bmaz</title>
		<link>http://emptywheel.firedoglake.com/2009/08/28/how-a-review-gets-to-grand-jury-in-five-days-or-less/#comment-185674</link>
		<dc:creator>bmaz</dc:creator>
		<pubDate>Sat, 29 Aug 2009 23:50:26 +0000</pubDate>
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		<description>&lt;p&gt;Okay; here is the best I got.  Durham has what is, upon information and belief,  a “special GJ” empaneled and there is usually a description of the subject matter that is covered; in this case, it would be the torture tape investigation. Because the subject matter is so close, it is hard to see there ever being a comingling issue. As I indicated above, Durham looks to be fine in using his open GJ so long as he stays within torture issues and follows guidelines. &lt;/p&gt;
&lt;p&gt;The “preliminary review” process is more an internal DOJ practice device.  PR’s don’t exist in law. They are just internal cost control devices so you don’t have to do a ton of paperwork to “open” and “close” an investiatgion.  They are commonly used where the DOJ or a USA office wants to establish a matter is going nowhere with a couple google seraches and phone call and maybe a few interviews. They do NOT contemplate use of a GJ.   ”It is a very cursory thing”.  &lt;/p&gt;
&lt;p&gt;And, another quote direct from my friend’s lips, “that’s why I say the IG’s report is much more than a PR”; and why this may not bode well for much coming out of this.&lt;/p&gt;
&lt;p&gt;Teh whole PR thing makes no sense.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Okay; here is the best I got.  Durham has what is, upon information and belief,  a “special GJ” empaneled and there is usually a description of the subject matter that is covered; in this case, it would be the torture tape investigation. Because the subject matter is so close, it is hard to see there ever being a comingling issue. As I indicated above, Durham looks to be fine in using his open GJ so long as he stays within torture issues and follows guidelines. </p>
<p>The “preliminary review” process is more an internal DOJ practice device.  PR’s don’t exist in law. They are just internal cost control devices so you don’t have to do a ton of paperwork to “open” and “close” an investiatgion.  They are commonly used where the DOJ or a USA office wants to establish a matter is going nowhere with a couple google seraches and phone call and maybe a few interviews. They do NOT contemplate use of a GJ.   ”It is a very cursory thing”.  </p>
<p>And, another quote direct from my friend’s lips, “that’s why I say the IG’s report is much more than a PR”; and why this may not bode well for much coming out of this.</p>
<p>Teh whole PR thing makes no sense.</p>
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		<title>By: MartyDidier</title>
		<link>http://emptywheel.firedoglake.com/2009/08/28/how-a-review-gets-to-grand-jury-in-five-days-or-less/#comment-185634</link>
		<dc:creator>MartyDidier</dc:creator>
		<pubDate>Sat, 29 Aug 2009 21:25:13 +0000</pubDate>
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		<description>&lt;p&gt;&lt;strong&gt;Excellant reply Bmaz… &lt;/strong&gt;&lt;em&gt;&lt;/em&gt; &lt;/p&gt;
&lt;p&gt;In many cases involving this mess and it’s not just in the Federal area, it’s scattered throughout every function in our Nation in that &lt;strong&gt;people in position of power are not doing what they should be doing.&lt;/strong&gt;  We seem preoccupied with trying to make something out of thin air, hoping to side step almost completely that which should be our focus.  This is almost like a form of &lt;strong&gt;“Mind Control”.  &lt;/strong&gt;&lt;/p&gt;
&lt;p&gt;I want to comment that while in that family I keep talking about, they often laughed at the stories learned of those involved who were playing the games mentioned in your reply.  Frankly, this behvior can also be found in with the gangs who pulled pranks during the election period.  The pranks were, by design, using simple schemes hoping to play another level of mind games on their victims.  I’ve been a victim of this for more than a decade ever since leaving the family.  It is successful and if taken to an extreme can destroy anyone. &lt;/p&gt;
&lt;p&gt;In your case, getting back to &lt;strong&gt;following the rule of law &lt;/strong&gt;when it’s those involved in making the rules and who should know about the law has proven not to be simple.  There &lt;strong&gt;doesn’t appear to be any real muscle&lt;/strong&gt; way of making things change for the good.  It’s as when it surfaces does it get attention and the amount of attention is always in question because there are opposing efforts to stop it from going to a higher level that will end it.  Part of it in Illinois that I know about seems to come from how wide spread the corruption is.  When one person is being attacked and cries for reform surface, we enter into another round of game playing trying to stop reform.  Even the Newspapers are involved with trying to modify the public attitude to accept something less than completel truth.  Somehow, it’ll be necessary to establish a &lt;strong&gt;complete truth level&lt;/strong&gt; &lt;em&gt;setup as a goal&lt;/em&gt; to enable those who want truth to strive for.  &lt;strong&gt;Settling for less doesn’t cut it any more.&lt;/strong&gt;&lt;br /&gt;
Marty Didier&lt;br /&gt;
Northbrook, IL&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p><strong>Excellant reply Bmaz… </strong><em></em> </p>
<p>In many cases involving this mess and it’s not just in the Federal area, it’s scattered throughout every function in our Nation in that <strong>people in position of power are not doing what they should be doing.</strong>  We seem preoccupied with trying to make something out of thin air, hoping to side step almost completely that which should be our focus.  This is almost like a form of <strong>“Mind Control”.  </strong></p>
<p>I want to comment that while in that family I keep talking about, they often laughed at the stories learned of those involved who were playing the games mentioned in your reply.  Frankly, this behvior can also be found in with the gangs who pulled pranks during the election period.  The pranks were, by design, using simple schemes hoping to play another level of mind games on their victims.  I’ve been a victim of this for more than a decade ever since leaving the family.  It is successful and if taken to an extreme can destroy anyone. </p>
<p>In your case, getting back to <strong>following the rule of law </strong>when it’s those involved in making the rules and who should know about the law has proven not to be simple.  There <strong>doesn’t appear to be any real muscle</strong> way of making things change for the good.  It’s as when it surfaces does it get attention and the amount of attention is always in question because there are opposing efforts to stop it from going to a higher level that will end it.  Part of it in Illinois that I know about seems to come from how wide spread the corruption is.  When one person is being attacked and cries for reform surface, we enter into another round of game playing trying to stop reform.  Even the Newspapers are involved with trying to modify the public attitude to accept something less than completel truth.  Somehow, it’ll be necessary to establish a <strong>complete truth level</strong> <em>setup as a goal</em> to enable those who want truth to strive for.  <strong>Settling for less doesn’t cut it any more.</strong><br />
Marty Didier<br />
Northbrook, IL</p>
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		<title>By: bmaz</title>
		<link>http://emptywheel.firedoglake.com/2009/08/28/how-a-review-gets-to-grand-jury-in-five-days-or-less/#comment-185632</link>
		<dc:creator>bmaz</dc:creator>
		<pubDate>Sat, 29 Aug 2009 21:00:47 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2009/08/28/how-a-review-gets-to-grand-jury-in-five-days-or-less/#comment-185632</guid>
		<description>&lt;p&gt;Not necessarily, you still have to lay a proper foundation for it to be admissible at trial.  Might could come in under one or another exception, but it is quite a bit more difficult than you appear to be imagining.  Don’t listen to “attorneys” listen to people that actually try these buggers in live jury trial courts, they will tell you about the difficulties in laying evidentiary foundation for all this info that we here deal with every day.  Just because it is valid and credible information by no means indicates a jury will ever see it.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Not necessarily, you still have to lay a proper foundation for it to be admissible at trial.  Might could come in under one or another exception, but it is quite a bit more difficult than you appear to be imagining.  Don’t listen to “attorneys” listen to people that actually try these buggers in live jury trial courts, they will tell you about the difficulties in laying evidentiary foundation for all this info that we here deal with every day.  Just because it is valid and credible information by no means indicates a jury will ever see it.</p>
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