New Glenn Greenwald column up:
The Obama campaign's last two weeks
He says...
[N]obody who has watched the last seven years would believe that Bush would be deterred because pardons are deemed by courts to be technical admissions of some level of guilt[.]
He also says...
[A]n underlying point is worth emphasizing. Debates and disagreements among Obama supporters over the direction of his campaign -- even vehement disagreements -- aren't "slapdowns" or "feuds" or "pissing matches" or "circular firing squads" or counter-productive "distractions." As Olbermann's mildly responsive reaction to the criticisms that were made demonstrates, such disagreements are actually quite vital.
Glenn also references a sarcastically titled article on Firedoglake:
The Obama & Olbermann Master Plan For Criminal FISA Prosecutions
Sorry for the long quote, here:
WHAT CRIMES? - Neither Olbermann, Dean, Obama, nor anybody else discussing this hypothetical pipe dream has indicated exactly what crimes they think might be charged. Let us be clear on one thing, simply because a proscribed activity is unconstitutional does NOT make it criminal. For a crime to be charged, there needs to be a specific provision of the US Code (USC), or other statutory provision, making said conduct a crime. It is crystal clear, from the collective record to date, that the participating telcos were compelled by the Bush Administration to assist and were given written assurances that their cooperation was necessary for national security, legal and authorized by the President of the United States in a supposed time of war. That pretty much eliminates any crime that requires criminal intent by the perpetrator, and leaves only what, in criminal law, are known as strict liability crimes, of which none come to mind. The only cogent possibility is the criminal offense defined under the FISA law (18 USC 1809) which, you guessed it, requires specific intent. How are you going to prove that here?
Go read the entire Firedoglake article. The author, bmaz, goes into more detail about things like the Statute of Limitations, whic probably has already expired.