No Easy Answers

Sunday, April 23, 2006

Cboldt's Free Republic Wayback Machine

Cboldt's Free Republic/JOM Wayback Machine

I found myself searching for posts I'd composed at Free Republic and Just-One-Minute, (and a few at The Next Hurrah) and made these list of links for my own use. It may give readers here some insight into what's in my head.

Senate Coverage

Threads at Just-One-Minute

Use your browser's search function to find individual posts in these threads. The brief list of subjects here is mostly, but not fully comprehensive.

March 17, 2006 thread: Post link to FR containing an HTML rendition of Doc 67 (Fitzgerald Response to Motion to Dismiss), Made no substantive commentary. (March 19, 2006 at 03:56 PM PST)

March 21 thread: classic cboldt's first [substantive] post at JOM, and it's in the wrong thread! He takes light flak.

April 12-14 thread: covers political embarrassment motive, importance of Plame in July/October, irrelevance of CIA, NSC and State dis/interest in Plame.

April 14-16 thread: Comments on Fitzgerald correct of error as to characterization of contents of NIE; relationship of pending motion to dismiss to subpoenas to reporters; who (between prosecution and defense) leaked Fitzgerald's correction to the press [it was the defense].

April 26 thread: link to Tatel misconstruction of Fitzgerald footnote, speculate on Rove indictment, note that I am a JOM misfit.

April 27-29 thread: covers "Collateral Order Doctrine", materiality, "only leaker" aka "first heard" theory, motives to lie to investigators, not excusing false statements just because the investigation is doomed to fail on other grounds, effect of concluding "defective appointment," presence of a 'will I be caught?' calculus in telling a lie. Classic cboldt's last post here says, "I appreciate that you think I'm trying. But, FWIW, I think I'm wasting my time when I share my thoughts here. Not that I won't waste my time from time to time, just saying that y'all seem to have it figured out, and humor posts like mine just to have a football to kick around."

April 28-May 1 thread: covers brief summary of the elements of false statements, when is it ethical to lie to investigators?, materiality, relationship of CIA referral to motive, reference to DoD to DOJ 11 questions questionnaire, a Clinton/Jones parallel, a Martha Stewart parallel.

May 2 thread: covers legitimacy of investigation, posts cribsheet summaries of Libby's version of conversations with reporters. Thread has an insignificant amount of indictment discussion, but has some indictment summary.

May 13 thread: covers bringing the perjury case at all, Libby can be a liar without being a (criminal) leaker, discuss what the leak case would look like, links to his FReeper background, disagrees that Libby has to think he may be a (criminal) leaker in order to have motive, disagrees with a couple of arguments that resemble "innocence loops," probes the burden Judge Tatel applies to the government to compel reporter testimony.

[5 month hiatus]

Oct 6 thread: covers intermediate action on the CIPA front.

Oct 27-28 thread: covers role of expert witness, timing of "when Libby knew what, when he forgot what he knew."

Oct 31 - Nov 5 thread: covers view of two motions to exclude testimony, the Cooper conversation, says Fitz's decision to charge Libby might be justified, revisits April "materiality" and "leak v. false statements" discussions. Massive disconnect as Turner reads Syl as probing a criminal leak case while classic cboldt is stupidly stuck in the false statements frame of reference. Classic cboldt rebuts cathyf view that "not leaker" is an effective defense to "liar." Investigate government payment if defense prevails. With TM, notes basic need for honest testimony, effect of Woodward revelation (with links back to Nov 2005). Classic cboldt asserts that the core of the some charges lies in "well aware on 7/10." Discusses the meaning of "well aware on 7/10" with Turner while boris snipes from the sidelines. Classic cboldt transitions to "agreeable act."

Nov 5-6 thread: classic cboldt made an appearance to express rationales for occupying "agreeable act."

Nov 4-6 thread: classic cboldt as characterized by some readers:

Nov 14 thread: covers ramifications of Walton's ruling that Fitz's substitutions aren't sufficient.

Nov 17-25 thread: covers motions in limine re: CIA damage assessment, Plame's employment status at CIA ("materiality"), propriety of NIE disclosure, reporters' reluctance to testify, and government's charging (and not charging) decisions. Also covers CIPA 6(a) and 6(c) standards, Libby/CIA briefer conversation(s), absence of motive because of absence of proof of classified status, reporter confidentiality = "opportunity," Fitzgerald incompetence and treason, Fitzgerald dropping witnesses, Fitzgerald appeal of CIPA 6(a)/6(c) conclusions, Fitzgerald v. Miller Holy Land case appealed to SCOTUS by NYT.

Dec 2-15 thread: covers Walton's CIPA 6(a) ruling and Opinion, redacted on December 1, possibility of CIPA 6(a) causing withdrawal of case, CIPA 6(c) as another way to limit Libby's case, which newspaper articles are planned to be introduced, case cite to Jason Leopold's 1x2x6 article, the nature of Libby's proposed "preoccupied by other events" PowerPoint presentation, the context of Walton's "I don't know if that's a battle you want to fight before a District of Columbia jury", notes recent filings - Docs 210 (12/4) through Doc 217 (12/11), who is qualified to sign and ramifications of CIPA 6(c)(2) affidavit, note that 6(c)(2) and 6(e)(1) affidavits have different functions, US v. North case (Independent Counsel v. Attorney General, regarding release of classified information), Status of Wilson's civil case (text of most recent docket entries), ramifications of Walton's grant of 6(c) motion on pending 6(a) appeal, Libby and Fitz Dec 14 status reports (Fitz decision to withdraw 6(a) appeal, various issues relating to testimony and evidence).

Dec 15-19 thread: Libby's proposed jury instruction re: CIPA 6(c) substitutions, which reporters will resist defense subpoenas (I guess Woodward and Novak) [Was Sanger and Mitchell].

Dec 19-23 thread: Jencks/Brady material, value of Cheney testimony, Armitage testimony should have been the end of investigation, Wilson motion to quash subpoena (1:06-mc-560), Russert testimony v. confidentiality agreement, Court admonishes Melanie Sloan, probable round of CIPA 5/6 motions and hearings relating to government witnesses, motive redeaux, clarice assertion that Fleischer is off Fitzgerald's witness list.

Dec 23-30 thread: Libby supplemental re: reporter motions to quash subpoenas, comments on CIPA 6(c) Opinion (that Walton gives short shrift to the "hearing" end of memory), link to Libby's proposed jury instruction re: relevance of Plame's "classified status" at the CIA, Dow Jones/AP Motions to Unseal investigator's affidavits in "Miller must testify" case - CADC 04-3138, Libby reply to Wilson motion to quash.

Dec 31 - Jan 4 thread: Libby reply to Wilson motion to quash, pointer to prediction of Libby CIPA 5 filing in response to Fitzgerald's providing of government witness list and statements (Jencks).

Jan 3-12 thread: Ultimate goal/motive(s) of Dow Jones/AP Motions to Unseal, Martha Stewart charges and deals, Fitz as a mugger with a gun, link to OCR rendition of Libby jury instruction reply [Doc 229], note filing of Libby CIPA docs 232-236, Libby objection to introduction of the full GJ transcript, Fleisher on/off the witness list due to immunity, Libby's expectation of waiver v. reporters persisting to resist, NYT v. 18 USC 798, flame PeterUK and topsecretk9 for their gratuitous insults, link to documents index.

Jan 12-16 thread: Murray Waas leak conspiracy article, point to "leak v. lie" aspect of the case, how many Miller/Libby phone calls on July 12?, maybe getting caught is no concern (no prosecution even if caught), Fitz request for time extension on classification review, Fitz request for time extension on response to DJ/AP motion to unseal, divulge existence of pleadings index and (unpublished) ordered witness list, defense narrows line of possible alternatives to the action as charged.

Jan 16-18 thread: Court won't admit Vallely and other "everyone knew" witnesses, refuel speculation relating to admitting evidence on Cooper and Miller fighting giving testimony to the grand jury, belief that Miller withholding Holy Land evidence, some people believe Fitz is involved in Dallas/Holy Land prosecution.

Jan 17-19 thread: Miller & Cooper must testify rationale and ramifications, 2006 CIA annuity calculation letter to Plame, Valerie Plame Wilson Compensation Act.

Jan 17-19 thread: Miller "essay" = Wilson op-ed & "report" is something else, disagree that fear of leak crime is the only possible Libby motive to lie to investigators, summarize my suspicions about Libby and the investigation, ask if the principle, "If there is no underlying crime, then there's is no crime in the lie" applies in civil litigation.

Jan 17-20 thread: Post the docket entry for Fitzgerald's Response to DJ/AP Motion to Unseal, note that Pacer's "Docket Report" is more informative than "History/Documents," MJW complaint about my bias.

Jan 18-19 thread: What if Cheney confesses to a 'conspiracy', speculate as to Cheney's testimony, criticize Well's suggestion to disregard any Libby thought that Plame was covert, the inverse relationship between leak/don't and covert/not, derision of calling the legal process to clear an ethical lapse, political embarrassment being caught in a false denial or "parsing," ignore insults from boris and Turner.

Jan 19-22 thread: Walton's Dec 19 Order reinforcing his May 26 Opinion that press needs to be prepared to deliver documents for final rulings on discovery, link to article that gives perjury prosecution statistics and expresses that Clinton's lies weren't material because the evidence would have been excluded under Rule 403 anyway, link to pre-trial guilty/innocent polls, discovery vs. admissibility of Andrea Mitchell handwritten notes, Russert's "Libby was a viewer - not a source," cryptic references to the tenor of JOM, Maguire announces that he's put one of my blogs (No Easy Answers) on his sidebar.

Jan 22-24 thread: Martin/Libby conflict, what constitutes speculative testimony (a witness's personal degree of uncertainty about his recollection is not speculation), Walton's point on "reasonable doubt," observation that the opposing theories of the case have little changed in a year, Ashcroft v. Gonzales, Rick Ballard gives a thumbs-up testimonial for my 'Scamming the Sham' essay, Fleisher immunity is not for false statements, another thumbs-up testimonial, describe how the WH and partisan Republicans will punish Fitzgerald.

Jan 23-24 thread: Political effect of false denials by the White House, write off Cecil Turner.

Jan 24-25 thread: Describe Motion for Judgement of Acquittal, opinion that Walton is fair and competent, Libby can "not testify" and come out okay, Fitzgerald's case is accumulation - not bombshell, wonder if Cathie Martin would hear from reporters if reporters are telling the administration about Wilson's wife.

Jan 25-26 thread: What the lawyers were arguing re: Fleischer's immunity/Giglio (will be a Motion to Exclude), the Waas conspiracy (again), question the assertion that Fitz conflates interest in Joe with interest in Valerie, Cathie Martin's husband is chairman of the FCC, the Fleischer immunity, note the filing of government motion to admit Libby's nondisclosure agreements (motive to lie = risk of termination), Byron York and Marcy Wheeler on C-SPAN, guess maximum incarceration time of 1 year, improving the media by encouraging readers to use independent analysis, definition of "The Memory Defense" vs. general lapse of memory presentation, inform clarice of the links to accounts of Walton/Wells/Fitz sidebar on Libby testimony.

Jan 26-29 thread: tsk9 suggests I start a tip jar (no thanks - ignore), discuss Apuzzo "Rove and Bartlett subpoenaed" and Isikoff "Will Rove Testify?" articles, (unlinked Docs 254 & 255 were put on NEA as of 6:30 AM Eastern Time), defense possession of Rove's GJ transcripts, Armitage immunity speculation, Fleischer immunity, where and when did Fleischer deny having legal representation?, paste from Doc 255 at 11:44 PM EST, speculation and analysis of Fitzgerald's (and defense's) handling of Fleischer immunity deal - risky for the defense, apprise posting of Docs 254 & 255 at 1:59 AM EST Sunday, express frustration with MJW persistent misconstruction of my positions.

Jan 29 thread: Immunity to Fleisher if he honestly believes he committed no leak crime, cross exam dwelling on "other than Mrs. Wilson" material, Martin recalled Plame over the course of a couple weeks.

Jan 30 thread: Miller summary, revisit notion that disinterest in Wilson (in general) helps Libby and that he'd be better of if Addington hadn't testified, rebut "first hearing from a reporter" cures the charges, paste part of Fitz's Response to Libby's motion to exclude parts of Fleischer testimony, note filing of Libby response to Fitz motion to admit Libby NDA's, express why I find Novak's column -- not the Russert conversation -- as the cutoff date.

Jan 30-31 thread: Miller hold out for testimony relating to privileged sources other than Libby (subpoena was only for Libby as the source), link to letters re: reporter privilege, the "other sources" reason for Miller's hold out may be her own fabrication/creation.

Jan 31 thread: Relationship of Miller to Islamic Charities case, Walton comment on the Aspen letter (Libby consciousness of guilt), no reporter incarceration mini-trial.

Jan 31 thread: Predict Wells's Rule 29 Motion re: Miller will be denied because her testimony is that Libby did not attribute source of "Wilson's wife" information to "reporters."

Feb 2-3 thread: A few misguided souls take reference to me as "appeal to authority," post links to Fitz and Libby motions re: admission of articles marked-up by Libby.

Feb 3-4 thread: Paraphrase FBI report on timing of Libby disclosing existence of June 12 Cheney note (disclosed but not given to FBI at 1st interview, Oct 14), research clarice assertion that Fitz had 100's of counts of obstruction reduced at Court suggestion, rhetorically ask if reporters are expected to testify truthfully if the underlying charge is doomed to fail (e.g., Plame is not covert or classified, therefore no lie is "material" to the charge of outing the agent).

Feb 4 thread: Fitz case with 100 counts dropped was actually 100+ points of action that made up a single conspiracy count, research Clarice contention that 911 Commission was critical of Fitzgerald's aggressive style and find the criticism is regarding aggressive DOJ stance against terrorist financiers (Enaam Arnaout case).

Feb 4 thread: Excerpt of Bond's testimony re: Libby's Cheney note of about June 12 (disclosed but not given to FBI at 1st interview, Oct 14 - Libby's testimony did not waver on the point of hearing but not recalling Cheney conversation, nor on the point of recollection of first hearing was hearing from Russert).

Feb 5 thread: Indictment as a political/legal boundary, Travolta movie "Phenomenon" notes roots of aspen trees, rendering not-guilty even faced with belief of guilt.

Feb 6 thread: Fitz's judgement in bringing the case, parallel with Starr/Clinton/Jones and question of materiality of Clinton's lies, assert that politics is a powerful force -- commensurate with criminal law, defend Fitz and honesty in general, summarize my bottom line take of Libby v. Fitz as to honesty and the social impact, "asshole" boris for calling me "coy."

Feb 6 thread: Libby should not testify if Fitz's case is weak, Libby motive includes political embarrassment.

Feb 6-7 thread: Reiterate that Walton did not reverse on admissibility of Mitchell, government's proffered Russert testimony never included discussion of Wilson's wife (and appears to not include Wilson or his op-ed/essay).

Feb 6-7 thread: Field of defense speculation is narrowed by defense theory of the case, CIA sent investigator on its own initiative - completely independently of OVP, connect FR's buckhead to JOM's Harry MacD, reiterate oddity of nobody but Libby "hearing from reporters," introduce Fitz's motion to preclude irrelevant defense evidence.

Feb 7 thread: Legal truisms - role of the judge and of advocates, filings probe weaknesses, ruling on Mitchell testimony will reveal Walton's attitude regarding "everyone knew" defense.

Feb 7 thread: Point out that missing FBI notes represent raw material for report, challenge the notion that the affidavit accompanying Russert's motion to quash amounts to a false statement. Parting shot on decision to avoid making substantive comments here.

Feb 7 thread: Closing comment.

Feb 21-24 thread: Tom Maguire dedicated this post to the "Framing the Charges" essay at No Easy Answers. One reader implies that my advocacy would do Stalin proud. My replies to comments.

Mar 10 thread: Materiality under a Maguire hypothetical, take a repeat "Stalin-like" hit, which refreshes my memory of the JOM environment. A reader assumes my conclusions under an alternative hypothetical, and I state what my conclusions would actually be. Thread rejuvenates two easily-refuted myths, Fitz indicted Cowles, and Fitz is involved in the Dallas/Holy Land case where classified documents were mistakenly given to defense.

Mar 16-17 thread: Partisans argue conduct using "highest ethics" or "proved criminal" as the goalposts, I note the application of Godwin's Law to Ballard's comments.

Mar 20 thread: Thread topic refreshes Fitzgerald assertion re: Cowles and Holy Land cases and I point to comments made elsewhere.

May 30-31 thread: Fitzgerald asserts Plame CIA status met the elements of IIPA, link to Wilson complaint, link to Libby opposition to sentencing.

June 11-12 thread: Dow Jones filing of supplemental memorandum in Miller/CADC case, the legal standard for granting bail pending appeal (18 USC 3143).

June 12-13 thread: Refresh link to Libby case index, Walton's use of agency law to construe the Comey delegation letters, argue that Fitz didn't misrepresent Walton.

June 13 thread: CIPA 6(c)(2) affidavit as indicia of defective appointment, comparison of North case with Libby case in light of deficient CIPA(6)(a) and CIPA (6)(c)(2) signature (not by AG), reiterate argument that Fitz didn't misrepresent Walton.

June 13-14 thread: CIPA(6) deficiency is more useful in context of defective appointment argument, why it would have been better to press the defective appointments argument pretrial, CADC on deciding bail bending appeal v. deciding if the appointment was defective.

June 14-17 thread: "At bottom, it seems the "defective appointment" attack on Fitz is an attack on the executive, for over-reaching his authority to indict himself", note that "Morrison" probes the power of Congress in controlling the exercise of executive discretion v. "Edmond" as the executive exercise of judicial appointment power v. "Libby" as the executive exercise of prosecutorial power.

June 19-20 thread: Reiterate that the CIPA 6(a) Certificate with infrim signature authority was served on Libby in September 2006.

June 21-22 thread: Provide link to Walton "not free on bail" Opinion, link to fact that amicus filed in the Circuit Court, note the need for separate Circuit Court filing of amicus - "part of the record" not the same as offered for the appellate court consideration, cast as "whiney" by Sue.

June 28-29 thread: Reproduce CADC docket entry on filing of sealed response in Dow Jones/AP case, then later link to howappealing for the CADC decision in that case, then later provide docket entries for the June 29 opinion and related material, then later link to firedoglake and thenexthurrah for details of CADC denial of Libby appeal from denial of bail pending substantive appeal.

June 29 thread: Backlink to May 2006 thread for discussion of Tatel's redacted opinion.

July 2-3 thread: Link to CADC denial of Libby appeal from denial of bail pending substantive appeal, opine that commutation was appropriate, dither on the point of continuing with appeal, opine that a pardon is not in the cards.

July 3 thread: Clinton's dishonest actions during discovery phase of Jones trial could not affect the outcome, Walton's request for briefing to reconcile supervised release law with clemecy order.

July 4 thread: Observations as to "does the system work" in light of Fitzgerald prosecution and Bush commutation July 4 thread: Cross-traffic with posting on Patterico re: parallels between Rita case and Libby case: both convicted of perjury but the underlying crime wasn't proven in either case, and the underlying crime is hotly disputed (outside of the perjury trial venue) in both cases.

July 12 thread: Point out a funny broken link

July 19-21 thread: Comments on Kappes Declaration (IIPA related) - that the CIA has narrowed the window for "service outside the United States" and has demonstrated a willingness to make ludicrous statements of classification (won't acknowledge facts recited in its letter as published in the Congressional Record)

Aug 5-6 thread: NYT Dec 2005 publication of NSA surveillance does not cross 18 USC 798.a.3 because it did not disclose procedure or method used to intercept nor contents of the communications alleged to have been intercepted without a warrant from a court, note Jabara case and its matter of fact admission of warrantless NSA surveillance, cite multiple cases and references that go to the application of the phrase "procedures and methods of used in the interception of communications."

Aug 11, 2007 thread: On selling FISA revisions as a remedy to needing a warrant for foreign-on-foreign surveillance, focus on the phrase "acquisition occurs in the United States" as the most likely source of FISA court flip-flop, flame war with "Sue," how did the administration define the terrorist surveillance program (TSP). The "GO-Stop" effect was the result of 1804/1805, not 1801(f)(2)

Aug 17, 2007 thread: Link to text and prediction relating to FISC Order for briefing.

Jul 19, 2008 thread: On Cheney's testimony being an opportunity to reinforce Libby's testimony; and on the Libby case in general and the myriad ways the administration could have short-circuited the affair.

Threads at The Next Hurrah

Jan 5, 2007: Why Fitz isn't using Plame's CIA status at trial, there is no overt evidence that Plame was covert, Libby wants to challenge the investigation on grounds that Plame wasn't covert, has Rove been granted immunity? has he been put on the government's witness list?

Jan 8, 2007: Why Novak isn't a government witness, reading the indictment

Jan 10, 2007: Speculate as to effect of Miller-Armitage link (what if Miller knew before Libby told her?) link to pleadings index at "January 11, 2007 at 14:33"

Jan 12, 2007: More reading the indictment, Libby motive to lie to investigators, essence of Libby trouble is divergence between what Libby learned from official sources & what he told investigators about what he learned from official sources, disagree that inference that Plame was covert is inevitable from evidence on hand - it's one of two mutually exclusive reasonable inferences, there is no evidence that investigators challenged the CIA referral, Libby "expectation" regarding reporter confidentiality

Jan 16, 2007: List of players, whether phrasing of "Summary of the Case" is neutral vis-a-vis existence of a criminal leak

Jan 20, 2007: Ramifications of renewed defense request for production of Mitchell's notes

Jan 28, 2007: Point to link to Response to Dow Jones Motion to Unseal, comment on "ongoing" investigation, comment on Fleisher immunity and Libby counsel strategy (rudimentary Brady/Giglio analysis)

Feb 16, 2007: Cite Fitz objection to Revised Theory of Defense, describe the logical error in extending a hypothetical Libby error (specific naming of Russert) to result in no obstruction for the contention that at the time he testified he only recalled hearing from reporters, post links to Feb 17 Libby filings, post link to Feb 18 Fitzgerald filing

Mar 02, 2007: Opine that Count Three wasn't intended to be a throwaway by the drafter of the indictment

Mar 04, 2007: Relative strength of Russert impeach/Mitchell "everyone knew"/CIPA limitation grounds for appeal, express why I am interested in "defective appointments" issue

July 17, 2007: Discuss the absence of evidence and style of allegation vis-a-vis Ms. Wilson being covered by the IIPA and express why I find "not covered," parse the elements of the IIPA statute, etc., brief review of sentencing guidelines and mandatory cross reference from obstruction to the crime being investigated, factual history of Rita case (per the prosecutor, the parts were not machine gun parts - no underlying crime)

July 21, 2007: Link to Senate by Cboldt thread that analyzes the language in the interrogation/torture statute, which attracts a poster JEP who concludes the post makes me a hypocrite, neocon wannabe, etc.; research medical prognosis for near drowning (complete lung recovery expected - loss of lung surfactant does not represent protracted impairment of function).

July 26, 2007: Post information that counters the contention that the May 17, 2006 list of WH/Congress meeting dates re: NSA activity was withheld until after the mid-term election.

July 27, 2007: Opine that WH legal defense of NSA program and of absence of Congressional business in replacement of US Attorneys is lame, opine that DEM-inclined officials (cite to Supreme Court of Florida's 2000 election decisions) are similarly afflicted.

July 28, 2007: Note March 15 reference to appointment of US Attorneys being granted to the executive by Congress - not by the constitution, note Congress's tendency to pass things in haste without understanding or foresight, point back to (and rebut poster JEP at) July 21 thread on the subject of interrogation techniques.

July 28, 2007: Privacy/PreCrime balance, FISA limits v. foreign intelligence, philosophy of personal independence vs. the power of the state, link to Jabara case on NSA surveillance.

July 29, 2007: Two definitions of "probable cause" - FISA & criminal conduct, on bootstrapping a finding of probable cause, NSA surveillance as a speed trap analogy.

July 30, 2007: The al-Haramain charities case is not a good one for puncturing NSA activity.

July 31, 2007: To speculation that Gonzales is using "operational details" to divide one TSP into more than one program - inject that "Operational details" is the mechanical "how" of surveillance and "program" typically refers to a policy or practice and does not refer to "how" the surveillance is accomplished, off topic opine that NYT did not disclose "procedure or method used in the interception of communications."

Aug 3, 2007: Explain Senate procedure as to why Feingold didn't block the FISA bill (would have been overridden by cloture motions), speculate as to why the Democrats "capitulated" - that being to avoid blame for lapse of security. All parties crave being nannies.

Aug 6, 2007: Various forms of secrecy in court proceedings, link to Halkin case (injured plaintiff gets presumption that NSA intercepted his communications, in a suit against the CIA), cite to consolidated NSA case.

Aug 7, 2007: Point poster JEP to my confrontational postings of July 27 that aim to focus attention on the detainee treatment statute. Katie Jensen declares me to be racist and sexist.

Aug 8, 2007: Links to House and Senate debate on FISA plus links to Admiral McConnell (Director of National Intelligence) postions relating to acceptable language for FISA modernization, opine that the Democrats manufacted a McConnell agreement and a fantasy that the WH/OVP then over-ruled the agreement negotiated between Democrats and Admiral McConnell.

Aug 12, 2007: In 2006, administration knew FISA required a warrant for foreign-to-foreign off a domestic switch, redefinition of "electronic surveillance" was profeered in mid-2006 in HR5825, S3929, AG obligation to report FISA court decisions to Congress, "outside of FISA" does not necessarily mean "unconstitutional."

Aug 15, 2007: On FISA, S.1927, AUMF plus FISA, inherent power under Article II, and why the administration prefers a statutory solution over reverting to Article II inherent power justification (power of court compulsion to telcos, remuneration, immunity, resolve pending court cases), comments on Hepting/al Haramain hearing, FISA (and president's) foreign intelligence power v. multi-branch approach to domestic security, close the loop on the Nacchio trial (NSA-related evidence for his defense was inadmissible under CIPA as "secret") and conviction.

Aug 15, 2007: List law and politically oriented blogs that I frequent.

Aug 16, 2007: On Gonzales and his prevarication re: TSP and visit to Ashcrof in hospital, Mary cites to WaPo article and DOJ statements that describe the nature of the in-house DOJ dispute; a DOJ/FISC agreement where FISC knows about TSP but does not want it tainting the FISA warrants.

Aug 17, 2007: On Gonzales and his prevarication re: TSP.

Sep 3, 2007: On ACLU motion to FISA Court to release TSP-related legal rationales, distinguish "standing" from "jurisdiction" and "public's right to know," predict that Congress will grant immunity and eventually promote further erosion of the fourth amendment.

Sep 5, 2007: On House Judiciary Committee Hearings into FISA Modernization (Protect America Act), link back to Aug 12, 2007 commentary of similar FISA revisions passed by the House in 2006, note Professor Robert Turner's prepared statement in general.

Sep 8, 2007: On use of presidential pardon in lieu of Congressional immunity, National Security Letters and FISA work hand-in-hand, on erosion of expectation of privacy by all three branches.

Sep 25, 2007: On retroactive immunity for telcos for provacy violations, on whether Congress intended the bulk of international communications to be interceptable sans warrant when it passed FISA in 1978 (radio/satellite vs. wire interception).

Nov 16, 2007: On Ninth Circuit adoption of government's asserion of "state secret" with regard to the NSA call list that was mistakenly provided to criminal defendant al Haramain; on the efficiacy of the FISA statute to pierce the invocation of "state secret" by the government.

Balkin: Aug 9, 2007 - On FISA
Balkin: Aug 10, 2007 - on FISA
Balkin: Aug 17, 2007 - On FISC Briefing Order
Balkin: Aug 22, 2007 - on McConnell & FISA
Balkin: Sep 8, 2007 - on NYT liability for publicizing TSP
Balkin: Oct 19, 2007 - on MCA & Torture
Balkin: Oct 19, 2007 - Mukasey on MCA & Torture
Balkin: Oct 21, 2007 - More Mukasey on MCA & Torture
Balkin: Oct 23, 2007 - Senate asks Mukasey about waterboarding
Balkin: Jul 02, 2008 - on the function of the 2nd amendment
Balkin: Jul 09, 2008 - on the intersection of FISA and criminal law
Balkin: Jul 09, 2008 - on the definition of "foreign intelligence information"
Balkin: Jul 09, 2008 - on FISA being a tool of statutory deception
Balkin: Jul 10, 2008 - on FISA compared with PAA

Volokh: Aug 10, 2007 - extended on FISA modernization
Volokh: Aug 11, 2007 - on FISA modernization
Volokh: Aug 17, 2007 - on FISA in general
Volokh: Aug 22, 2007 - on McConnell & FISA
Volokh: Aug 30, 2007 - on FISA 105A "alone"
Volokh: Sep 27, 2007 - on Mayfield FISA case
Volokh: Oct 23, 2007 - on Mukasey and legality of waterboarding
Volokh: Dec 06, 2007 - on Oral Argument in Boumediene v. Bush
Volokh: Dec 21, 2007 - on FISA Amnesty vs. State Secret
Volokh: Feb 20, 2008 - on FISA and the meaning of "lawful"
Volokh: Mar 19, 2008 - on FISA and unknown scope of surveillance
Volokh: Apr 02, 2008 - on judicial confirmation process
Volokh: May 23, 2008 - on FISA and Yoo's OLC meorandum
Volokh: Jun 06, 2008 - on McCain FISA flip-flop
Volokh: Jun 20, 2008 - on House passage of FISA
Volokh: Jun 26, 2008 - on the Heller decision
Volokh: Jul 09, 2008 - on FISA as an improvement over PAA, and FISA in criminal cases
Volokh: Jul 12, 2008 - on comparing FISA-2008 to PAA and FISA-1978
Volokh: Jul 14-16, 2008 - Comparing FISA-2008 with Protect America Act
Volokh: Nov 19-22, 2008 - on the definition of the word "militia"
Volokh: Nov 25-26, 2008 - on Miller being misconstrued by pointy-head intellectuals
Volokh: Apr 27-29, 2009 - on supermajority confirmation & circumventing electoral college

Patterico: Jun 26, 2008 - on the Heller decision
Patterico: Jun 27, 2008 - on FISA
Patterico: Jul 1, 2008 - on Arar, and sufficiency of the evidence for "enemy combatant"
Patterico: Jul 3-4, 2008 - on Judge Walker's FISA/state secret Opinion and Order
Patterico: Jul 7-9, 2008 - Application of FISA to surveillance conducted overseas

Concurring: Sep 7, 2007 - on NSL's

Loblaw: Nov 11, 2007 - on Government secrecy in Higazy case

Beldar: Jun 12, 2008 - on the Boumediene decision
Beldar: Jun 15, 2008 - on the Boumediene decision
Beldar: Jun 16, 2008 - on the Boumediene decision

ConfirmThem: Jun 15, 2008 - on the Boumediene decision

FDL: Jan 24, 2008 - FISA and Senate Procedure
FDL: Jan 29, 2008 - FISA, Senators, and my political bent
FDL: Jan 29, 2008 - FISA and Senate Procedure
FDL: Jan 29, 2008 - FISA and Senate Procedure
FDL: Feb 1, 2008 - FISA - Changing a UC
FDL: Feb 1, 2008 - FISA Amendments - Senate procedure
FDL: Jun 23, 2008 - FISA Bill - Senate Procedure
FDL: Jun 23, 2008 - FISA Bill - Senate Procedure
FDL: Jun 23, 2008 - FISA Bill - Senate Procedure
FDL: Jun 25, 2008 - FISA & Senate Procedure
FDL: Jun 27, 2008 - on "torture" vs "cruel and inhuman"

EW: Jan 24, 2008 - FISA, Parliamentary Posture
EW: Jan 25, 2008 - FISA & Congressional Indifference to Privacy
EW: Jan 27, 2008 - Genesis of Demand for FISA Retroactive Immunity
EW: Feb 1, 2008 - FISA
EW: Jun 19,20, 2008 - FISA
EW: Jun 20, 2008 - FISA

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