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View Diary: Overnight News Digest: Obama Goes To Bat For FISA Secrecy (218 comments)

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  •  All I'm saying is... (1+ / 0-)
    Recommended by:
    wader

    I'll eat my hat if I'm wrong, but I don't think this is their official positions.  Just give it another couple of months.  They've had to get whole departments in place in less than a month.  I think they're continuing for the sake of continuing right now.  

    •  the DOJ said IT IS their official position (4+ / 0-)
      Recommended by:
      wader, RaulVB, palantir, thethinveil

      for both this case and the jeppesen torture case.

      are you saying that the DOJ LIED to us?

      "Water and air, the two essential fluids on which all life depends, have become global garbage cans." -- Jacques Cousteau

      by Patriot Daily News Clearinghouse on Fri Feb 13, 2009 at 09:39:22 PM PST

      [ Parent ]

      •  No.... (2+ / 0-)
        Recommended by:
        wader, palantir

        I'm saying the DOJ is giving you a temporary argument while it's concocting or rethinking other legal strategies.

        •  temporary argument? thing is that obama asked (2+ / 0-)
          Recommended by:
          wader, thethinveil

          for time extensions in some of these and other cases. so, they could have done so in both this and the jeppesen case. the transition team briefed them on what cases were pending.

          it would be great if this were temporary....but i have not read anything that would indicate that.

          and today, the DOJ lawyers spoke in "combative tones" so sounds like they know what they want.

          "Water and air, the two essential fluids on which all life depends, have become global garbage cans." -- Jacques Cousteau

          by Patriot Daily News Clearinghouse on Fri Feb 13, 2009 at 09:50:27 PM PST

          [ Parent ]

          •  Right...I don't think it's that simple (1+ / 0-)
            Recommended by:
            wader

            Look, I'm in law school right now, and I can tell you it's not that simple.  Once you have a case going in one direction, it becomes very difficult for the attorney to present a new argument to a case after working diligently on an old one, and one, mind you would be 180 degrees different. This is on top of the fact that the bureaucratic engine of building a team and implementing policies requires tremendous effort in and of itself.  This is also coupled with the fact that Holder was sworn in about 11 days ago?  The Bush Administration left things so ridiculous within the DOJ, that it's going to take YEARS to change direction.  I have a feeling you'll start to see within a couple of months, a clean break from the Bush Admin and this hyperventilating over these early decisions won't seem as right as they do now.  Having said that, I'll eat my hat if I'm wrong, but I'm willing to give him time and effort to get this stuff done.  

            •  i'm a lawyer and the judges in the jeppesen (3+ / 0-)
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              wader, alizard, thethinveil

              case, for example, asked twice during oral argument, is this the position of the obama administration. in each of the cases i've read about, the judges were more than willing to provide time extensions.

              the parties involved expected obama to do a reversal of bush. that's why the judges were surprised at the arguments.

              in this case, the DOJ provided additional briefing not provided by the earlier bush briefs.

              please read the briefs, listen to the oral arguments. i would love to hear some good news on these cases.:)

              "Water and air, the two essential fluids on which all life depends, have become global garbage cans." -- Jacques Cousteau

              by Patriot Daily News Clearinghouse on Fri Feb 13, 2009 at 10:05:27 PM PST

              [ Parent ]

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