October 20, 2008
Continuing to Puke it Out from the OLC Gutter

I was married to a lady named Justice when I passed the Bar, the Committee on Character and Fitness confirmed my credentials and I took the lawyers oath in 1982. The old lady and I have been informally divorced for a number of years, but I continue to find Scott Horton’s blog, Harper’s No Comment to be the finest legal blog on the internet. There are a number of other non-legal blogs that I consider “the finest” of their ilk, including James Fallows’s blog at The Atlantic Magazine.

Today Mr. Horton delivers up another one of his fine and precisely worded works at his blog. A portion of the post follows, but to read the whole thing and get the included links necessary to understand the words provided here, you will need to directly visit Mr. Horton’s latest blog post. I provide herein a portion of Mr. Horton’s work from his blog in the space below:

Saturday the New York Times alerts us to a new opinion issued deep in the bowels of the Bush Justice Department. The decision emanates from the Office of Legal Counsel, an outfit stuffed to the gills with partisan hacks whose other criminal mischief includes a series of decisions issued to induce government operatives to engage in torture and other acts of official cruelty. The same hacks blessed the felonious surveillance of the communications of American citizens on terms which Attorney General Ashcroft and Deputy Attorney General Comey, neither a lion of civil liberties, considered untenable. According to the man who attempted in vain to clean up the office for Ashcroft, some of the opinions he was asked to render were designed–like the works of mafia consigliere — to provide a “golden shield” to protect policy makers at high ranks in the Administration from the near certain prospect of criminal prosecution. So dark are the works of this office that the Bush White House fervently wants to avoid them seeing the light of day.

When sunlight touches these writings, they tend to turn to dust. Exposed to the sanitizing criticism of the public, of Congress, and of the legal profession, they are revealed for works of glaring hackery. No proposition is too preposterous that it cannot be advanced in an OLC memorandum these days. They are now taught in law schools around the country as models of substandard, unprofessional and incompetent legal work.

But this week, the OLC coughed up another furball....


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Posted by Buck Batard at October 20, 2008 04:43 PM
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