Publicola,

I'm certainly not a lawyer, but I feel quite comfortable that I understand the basics. We live in a nation governed by laws, not the whim of unchecked rulers. Just because a person of authority asks you to do something illegal does not give you a free pass. If that were the case, then the soldiers guilty of torturing detainees would not be culpable for their crimes because the direction of these acts originated in the White House.

This is of course wrong. Even though the policy was set in the White House, these soldiers broke the law and they should be held accountable, in addition to the offending personnel in the White House.

To say that the White House can indemnify a person from legal action for breaking the law is to say that the White House may decide whether or not laws should be obeyed, and who should be subject to them. This belief is, of course, wrong, wrong, wrong.

Posted at June 26, 2008 7:35 AM in response to Obama On FISA: Telecom Immunity Issue Doesn't Override National Security

"If the companies can show a federal district court judge "substantial evidence" they received a written request from the attorney general or head of an intelligence agency stating the president authorized the surveillance and determined it to be lawful, the cases against them will be dismissed."

This implies that the blame would instead be presumed to rest with the Executive Branch. And what do you suppose are the odds that part of this "compromise" is the investigation and prosecution of culpable individuals inside the Executive?

Can odds be expressed in negative percentages?

Because if this is considered a legal out, and Congress DOESN'T go after the Executive, then the implication is clear: The Executive Branch is the LAW, and anything it does is therefore legal. In other words, why do we have a Constitution?

Posted at June 19, 2008 12:13 PM in response to Lawmakers Reach Deal Over Government Surveillance Powers

Oh the foes will rise
With the sleep still in their eyes
And they'll jerk from their beds and think they're dreamin'.
But they'll pinch themselves and squeal
And know that it's for real,
The hour when the ship comes in.

Then they'll raise their hands,
Sayin' we'll meet all your demands,
But we'll shout from the bow your days are numbered.
And like Pharaoh's tribe,
They'll be drownded in the tide,
And like Goliath, they'll be conquered.

- from When the Ship Comes in by Bob Dylan

"People should not be afraid of their governments. Governments should be afraid of their people."

Posted at June 16, 2008 12:21 PM in response to Nothing to Fear But a Lack of Fear Itself

A family! Y'know, like the Sopranos!

Posted at May 7, 2008 1:01 PM in response to Dem Senators Berate EPA Official

Breaking up OPEC was the whole goal of the Iraq War.

1. Invade and take control of oil fields.
2. Sell off oil fields to small operators free of OPEC control.
3. Small operators would pump to max in the country with more oil than anyone by Saudi Arabia.
4. Consequently, oil price drops and OPEC is beaten into submission.

So perhaps her plan is the exact same, but trying to use Iran. "Oops, we screwed it up in Iraq, but Iran will be better! Yessiree! Iran is nearly three times the population and size of Iraq and now our military is all but destroyed. But we can give it a good ol' American try!"

Posted at May 6, 2008 11:52 AM in response to Hillary Wants to Drink OPEC's Milkshake

Yes. The future. It's coming to me. OK ... Hang on. Ah yes.

Congress will issue a subpoena, Rove will say "Nah, I don't wanna testify." And Congress will say, "Please?" Rove will say, "Nah, poke off." Congress will respond with, "Ah golly gee wiz, OK."

Posted at May 2, 2008 8:09 AM in response to Conyers Threatens Rove with Subpoena for Testimony on Siegelman