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	<title>Comments on: DOJ Set To Shuck And Jive Judge White In EFF FOIA Case</title>
	<atom:link href="http://emptywheel.firedoglake.com/2009/10/16/doj-set-to-shuck-and-jive-judge-white-in-eff-foia-case/feed/" rel="self" type="application/rss+xml" />
	<link>http://emptywheel.firedoglake.com/2009/10/16/doj-set-to-shuck-and-jive-judge-white-in-eff-foia-case/</link>
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		<title>By: earlofhuntingdon</title>
		<link>http://emptywheel.firedoglake.com/2009/10/16/doj-set-to-shuck-and-jive-judge-white-in-eff-foia-case/#comment-194871</link>
		<dc:creator>earlofhuntingdon</dc:creator>
		<pubDate>Sat, 17 Oct 2009 21:05:14 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/?p=5111#comment-194871</guid>
		<description>I understand, but disagree, with why the executive might want such massive powers of intrusion.  I still find it unfathomable that Congress would acquiesce, as if it were the blind person being walked by the executive dog.</description>
		<content:encoded><![CDATA[<p>I understand, but disagree, with why the executive might want such massive powers of intrusion.  I still find it unfathomable that Congress would acquiesce, as if it were the blind person being walked by the executive dog.</p>
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		<title>By: Mary</title>
		<link>http://emptywheel.firedoglake.com/2009/10/16/doj-set-to-shuck-and-jive-judge-white-in-eff-foia-case/#comment-194863</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Sat, 17 Oct 2009 17:40:05 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/?p=5111#comment-194863</guid>
		<description>I&#039;m in a &quot;blast from the past mode - so here&#039;s a link to the Exec Privilege ruling in the Starr/Clinton standoff (finding a semen stained dress was so much more in the public interest than finding out how the Dept of Justice decided to &quot;align&quot; itself with the very telecoms it would also have to prosecute if it were to ever actually fulfill its Constitutionally appointed &quot;enforce the law&quot; role and how wrangling out legislation to protect telecoms felons so that they would not implicate Exec branch felons is within the scope of &quot;privilege&quot;)

http://www.anusha.com/sec-serv.htm

Interesting read in the context of what has been going on with Exec branch massive FISA felonies, institutionalized violations of most of the Bill of Rights (with a special devotion to programs to violate the 4th amendment vis a vis American citizens on American soil) and solicitation, orchestration and implementation of torture regimes calculated to generate false information from innocent men to support illegal wars.

Good thing we got the really important stuff cleared up, so all the piddly ass crap can fall by the wayside.</description>
		<content:encoded><![CDATA[<p>I&#8217;m in a &#8220;blast from the past mode &#8211; so here&#8217;s a link to the Exec Privilege ruling in the Starr/Clinton standoff (finding a semen stained dress was so much more in the public interest than finding out how the Dept of Justice decided to &#8220;align&#8221; itself with the very telecoms it would also have to prosecute if it were to ever actually fulfill its Constitutionally appointed &#8220;enforce the law&#8221; role and how wrangling out legislation to protect telecoms felons so that they would not implicate Exec branch felons is within the scope of &#8220;privilege&#8221;)</p>
<p><a href="http://www.anusha.com/sec-serv.htm" rel="nofollow">http://www.anusha.com/sec-serv.htm</a></p>
<p>Interesting read in the context of what has been going on with Exec branch massive FISA felonies, institutionalized violations of most of the Bill of Rights (with a special devotion to programs to violate the 4th amendment vis a vis American citizens on American soil) and solicitation, orchestration and implementation of torture regimes calculated to generate false information from innocent men to support illegal wars.</p>
<p>Good thing we got the really important stuff cleared up, so all the piddly ass crap can fall by the wayside.</p>
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		<title>By: b4real</title>
		<link>http://emptywheel.firedoglake.com/2009/10/16/doj-set-to-shuck-and-jive-judge-white-in-eff-foia-case/#comment-194819</link>
		<dc:creator>b4real</dc:creator>
		<pubDate>Sat, 17 Oct 2009 01:45:32 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/?p=5111#comment-194819</guid>
		<description>You guys make my head hurt...</description>
		<content:encoded><![CDATA[<p>You guys make my head hurt&#8230;</p>
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		<title>By: LabDancer</title>
		<link>http://emptywheel.firedoglake.com/2009/10/16/doj-set-to-shuck-and-jive-judge-white-in-eff-foia-case/#comment-194813</link>
		<dc:creator>LabDancer</dc:creator>
		<pubDate>Sat, 17 Oct 2009 00:25:02 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/?p=5111#comment-194813</guid>
		<description>Thanks! 

Or rather: thanks to the perspicacity of Monty Python [from whose ranks, parenthetically -- gotta love that device -- we received due warning as to what GWB would wrought:

http://blog.tmcnet.com/blog/rich-tehrani/personal/john-cleeses-letter-to-america.html ].

BTW, I&#039;m particularly pleased it was you who posted this response -- because today&#039;s outcome [of the 9th effectively ordering a stay of Judge White&#039;s order in order to consider whether to actually order a stay of Judge White&#039;s order -- ooo, my head], would place in jeopardy the value of the first tranches released from the hypothecation of the contents, choate &amp; inchoate, associated with the hole left by the dent in your hubcap, being the dent you so graciously granted that I might devise from it the basis for a wager predicated on the precise means by which said delay might be brought about.

Fortunately, however [though what&#039;s particularly fortunate is my having selected a blog with an such an impressive collective brainpower], it appears no one actually took up the challenge.</description>
		<content:encoded><![CDATA[<p>Thanks! </p>
<p>Or rather: thanks to the perspicacity of Monty Python [from whose ranks, parenthetically -- gotta love that device -- we received due warning as to what GWB would wrought:</p>
<p><a href="http://blog.tmcnet.com/blog/rich-tehrani/personal/john-cleeses-letter-to-america.html" rel="nofollow">http://blog.tmcnet.com/blog/rich-tehrani/personal/john-cleeses-letter-to-america.html</a> ].</p>
<p>BTW, I&#8217;m particularly pleased it was you who posted this response &#8212; because today&#8217;s outcome [of the 9th effectively ordering a stay of Judge White's order in order to consider whether to actually order a stay of Judge White's order -- ooo, my head], would place in jeopardy the value of the first tranches released from the hypothecation of the contents, choate &amp; inchoate, associated with the hole left by the dent in your hubcap, being the dent you so graciously granted that I might devise from it the basis for a wager predicated on the precise means by which said delay might be brought about.</p>
<p>Fortunately, however [though what's particularly fortunate is my having selected a blog with an such an impressive collective brainpower], it appears no one actually took up the challenge.</p>
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		<title>By: MadDog</title>
		<link>http://emptywheel.firedoglake.com/2009/10/16/doj-set-to-shuck-and-jive-judge-white-in-eff-foia-case/#comment-194812</link>
		<dc:creator>MadDog</dc:creator>
		<pubDate>Sat, 17 Oct 2009 00:22:05 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/?p=5111#comment-194812</guid>
		<description>Yes, my point was to make clear how unclear this was. :D</description>
		<content:encoded><![CDATA[<p>Yes, my point was to make clear how unclear this was. :D</p>
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		<title>By: DWBartoo</title>
		<link>http://emptywheel.firedoglake.com/2009/10/16/doj-set-to-shuck-and-jive-judge-white-in-eff-foia-case/#comment-194811</link>
		<dc:creator>DWBartoo</dc:creator>
		<pubDate>Sat, 17 Oct 2009 00:22:04 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/?p=5111#comment-194811</guid>
		<description>That would be January of next year.

The site is not taking kindly to my attempts to &quot;edit&quot; such errors.

DW</description>
		<content:encoded><![CDATA[<p>That would be January of next year.</p>
<p>The site is not taking kindly to my attempts to &#8220;edit&#8221; such errors.</p>
<p>DW</p>
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		<title>By: DWBartoo</title>
		<link>http://emptywheel.firedoglake.com/2009/10/16/doj-set-to-shuck-and-jive-judge-white-in-eff-foia-case/#comment-194810</link>
		<dc:creator>DWBartoo</dc:creator>
		<pubDate>Sat, 17 Oct 2009 00:13:45 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/?p=5111#comment-194810</guid>
		<description>Hmmm;

Does this suggest that the 9th is profiling the courage we have all just applauded in the Brits?

Or does it suggest something akin to the enthralling kabuki dramas enacted between America&#039;s two great (and essentially &quot;only&quot;) political parties?

bmaz had just given me some meager hopes that the 9th intends to use the &quot;TIME&quot; to &quot;write a solid decision&quot; denying the stay ... although I might have misunderstood, and now you, MadDog, are suggesting (again, if I understand what you are saying) that the slow grinding may simply go on interminably, so long as some &quot;plausible&quot; excuse may be found to keep any court from the embarrassment of making a genuine decision upholding the rule of law as it ought to be ... until the arrival of some magical moment?

Who knows, maybe that day will fall on the anniversary of Marcus Tullius Cicero&#039;s birthday (which happens to be on a Monday, in the second week of January, next year) sometime over the next few years or decades?</description>
		<content:encoded><![CDATA[<p>Hmmm;</p>
<p>Does this suggest that the 9th is profiling the courage we have all just applauded in the Brits?</p>
<p>Or does it suggest something akin to the enthralling kabuki dramas enacted between America&#8217;s two great (and essentially &#8220;only&#8221;) political parties?</p>
<p>bmaz had just given me some meager hopes that the 9th intends to use the &#8220;TIME&#8221; to &#8220;write a solid decision&#8221; denying the stay &#8230; although I might have misunderstood, and now you, MadDog, are suggesting (again, if I understand what you are saying) that the slow grinding may simply go on interminably, so long as some &#8220;plausible&#8221; excuse may be found to keep any court from the embarrassment of making a genuine decision upholding the rule of law as it ought to be &#8230; until the arrival of some magical moment?</p>
<p>Who knows, maybe that day will fall on the anniversary of Marcus Tullius Cicero&#8217;s birthday (which happens to be on a Monday, in the second week of January, next year) sometime over the next few years or decades?</p>
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		<title>By: MadDog</title>
		<link>http://emptywheel.firedoglake.com/2009/10/16/doj-set-to-shuck-and-jive-judge-white-in-eff-foia-case/#comment-194808</link>
		<dc:creator>MadDog</dc:creator>
		<pubDate>Sat, 17 Oct 2009 00:01:49 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/?p=5111#comment-194808</guid>
		<description>Most appropriate LD! :D</description>
		<content:encoded><![CDATA[<p>Most appropriate LD! :D</p>
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		<title>By: LabDancer</title>
		<link>http://emptywheel.firedoglake.com/2009/10/16/doj-set-to-shuck-and-jive-judge-white-in-eff-foia-case/#comment-194806</link>
		<dc:creator>LabDancer</dc:creator>
		<pubDate>Fri, 16 Oct 2009 23:51:49 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/?p=5111#comment-194806</guid>
		<description>Right; this can&#039;t qualify as a shock when our focus has been not on &lt;em&gt;whether&lt;/em&gt; but &lt;em&gt;by what means&lt;/em&gt; the feds will succeed in manipulating more time from the system. 

Nor can we reasonably infer the 9th &#039;scooping&#039; the case from Judge White&#039;s clutches [assuming that&#039;s what MD is suggesting]; if the 9th was eager for it, one would expect them to take it over on the earlier opportunity. 

What I do find interesting tho, is the tone of the written submissions filed in the motion on the issue of whether Judge White did, or did not, &#039;making findings of fact&#039;. That&#039;s awfully basic stuff -- approaching, if not actually, patent -- such that one &lt;em&gt;would&lt;/em&gt; reasonably expect that who ever is on the wrong side of that &#039;controversy&#039; is in for a kicking.

Well now--turns out the whole battle is captured on video:

http://www.youtube.com/watch?v=teMlv3ripSM</description>
		<content:encoded><![CDATA[<p>Right; this can&#8217;t qualify as a shock when our focus has been not on <em>whether</em> but <em>by what means</em> the feds will succeed in manipulating more time from the system. </p>
<p>Nor can we reasonably infer the 9th &#8216;scooping&#8217; the case from Judge White&#8217;s clutches [assuming that's what MD is suggesting]; if the 9th was eager for it, one would expect them to take it over on the earlier opportunity. </p>
<p>What I do find interesting tho, is the tone of the written submissions filed in the motion on the issue of whether Judge White did, or did not, &#8216;making findings of fact&#8217;. That&#8217;s awfully basic stuff &#8212; approaching, if not actually, patent &#8212; such that one <em>would</em> reasonably expect that who ever is on the wrong side of that &#8216;controversy&#8217; is in for a kicking.</p>
<p>Well now&#8211;turns out the whole battle is captured on video:</p>
<p><a href="http://www.youtube.com/watch?v=teMlv3ripSM" rel="nofollow">http://www.youtube.com/watch?v=teMlv3ripSM</a></p>
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		<title>By: MadDog</title>
		<link>http://emptywheel.firedoglake.com/2009/10/16/doj-set-to-shuck-and-jive-judge-white-in-eff-foia-case/#comment-194805</link>
		<dc:creator>MadDog</dc:creator>
		<pubDate>Fri, 16 Oct 2009 23:40:52 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/?p=5111#comment-194805</guid>
		<description>And further, it seems like the 9th is stealthily inching towards giving Solicitor General Elena Kagan the time to decide &lt;i&gt;whether&lt;/i&gt; to formally appeal as the DOJ implies she might, and also getting the 9th off the hook of not having to formally rule until she does.</description>
		<content:encoded><![CDATA[<p>And further, it seems like the 9th is stealthily inching towards giving Solicitor General Elena Kagan the time to decide <i>whether</i> to formally appeal as the DOJ implies she might, and also getting the 9th off the hook of not having to formally rule until she does.</p>
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