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View Diary: BREAKING: District Judge Slams Obama DoJ on State Secrets (76 comments)

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  •  Oo, oo, oo, oo, call me, call me ... (0+ / 0-)

    7 - Obama is still deciding whether he cares, and what the rogue burrowed Bush appointees are doing is spreading misinformation about how much there is to find out, so he punted while waiting for his people to get into a position where he can untangle the information from the misinformation campaign.

    Which is not brilliant 8th dimensional chess, but sometimes, especially early in the first quarter, you punt.

    •  A motion to dismiss is punting? (0+ / 0-)

      Do you even have the semblance of a clue?

      The liberal soul shall be made fat. He who waters shall be watered also himself. (Proverbs 11:25)

      by kovie on Sat Feb 14, 2009 at 04:49:03 PM PST

      [ Parent ]

      •  With all your numbering, there's three options .. (0+ / 0-)

        ... decide to clean up the septic tank now, decided you don't want the septic tank clean, or postpone the decision on whether to do the clean-up.

        The third would be called "punting".

        And yes, of course if he wanted to postpone having to make a decision on cleaning up the mess, he'd want to get this particular case dismissed, since the evidence that comes out could well force his hand.

        I would think that much would be obvious.

        •  You don't know the first thing about the law (0+ / 0-)

          do you? A motion to dismiss in this case, on the grounds presented, if granted, would effectively kill all future attempts at filing civil suit against the government or one of its agents in anything even vaguely related to national security, by setting a precedent in an area of the law where there are very few of them, and thus tremendously bolster the states secrets doctrine as an unchallengeable way for the government to basically do whatever the hell it wants to do with no possibility of judicial review.

          A motion to dismiss is anything but punting. It's precisely the opposite. Punting would be asking for a delay. Moving to dismiss is, whether intentional or not, a permanent power play. And given that Holder and Obama are no amateurs when it comes to the law, they know this, and it was fully intentional. There is no plausible argument that can be made to the contrary. Read Greenwald for more on this.

          The liberal soul shall be made fat. He who waters shall be watered also himself. (Proverbs 11:25)

          by kovie on Sat Feb 14, 2009 at 06:56:58 PM PST

          [ Parent ]

          •  So you are saying that if successful, ... (0+ / 0-)

            ... it pins the opposition dirty fucking hippies into a position where it is difficult to make any headway, and gives the Obama administration commanding field position.

            Sounds like a punt attempt to me. I advise going for the block.

            Remember that the reason for supporting Obama was not that we expected him to be generally on the progressive side, but that fighting him was considered to be preferable to fighting McCain.

            •  You have it spot-on in your last paragraph (1+ / 0-)
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              He will do things that we like and things that we don't like. When he does the former we should cheer and support him (and ask for more), and when he does the latter we should criticize and fight him (and demand less). This was an example of the latter, I believe, thus my reaction to it. Totally about the issue and nothing else.

              The liberal soul shall be made fat. He who waters shall be watered also himself. (Proverbs 11:25)

              by kovie on Mon Feb 16, 2009 at 12:04:38 AM PST

              [ Parent ]

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