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	<title>Comments on: More on Cheney&#8217;s Declassification Request</title>
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		<title>By: Rudi</title>
		<link>http://themoderatevoice.com/29901/more-on-cheneys-declassification-request/comment-page-1/#comment-181923</link>
		<dc:creator>Rudi</dc:creator>
		<pubDate>Sat, 25 Apr 2009 05:21:50 +0000</pubDate>
		<guid isPermaLink="false">http://themoderatevoice.com/?p=29901#comment-181923</guid>
		<description>Once again people, the documents were released after a FOI request. &lt;br&gt;&lt;a href=&quot;http://abcnews.go.com/Politics/LawPolitics/story?id=7343497&quot; rel=&quot;nofollow&quot;&gt;http://abcnews.go.com/Politics/LawPolitics/stor...&lt;/a&gt;&lt;br&gt;&lt;blockquote&gt;...&lt;br&gt;Such details emerged today as the Justice Department released pages of legal memos from the Bush administration as a part of a Freedom of Information lawsuit brought by the ACLU.&lt;br&gt;...&lt;/blockquote&gt;&lt;br&gt;Here&#039;s the link to the actual documents:&lt;br&gt;&lt;a href=&quot;http://www.usdoj.gov/opa/documents/olc-memos.htm&quot; rel=&quot;nofollow&quot;&gt;http://www.usdoj.gov/opa/documents/olc-memos.htm&lt;/a&gt;&lt;br&gt;&lt;br&gt;Balkin and the gang look at the legal merits(not).&lt;br&gt;&lt;a href=&quot;http://balkin.blogspot.com/&quot; rel=&quot;nofollow&quot;&gt;http://balkin.blogspot.com/&lt;/a&gt;&lt;br&gt;&lt;br&gt;Volokh weighs in here:&lt;br&gt;&lt;a href=&quot;http://volokh.com/posts/1240065601.shtml&quot; rel=&quot;nofollow&quot;&gt;http://volokh.com/posts/1240065601.shtml&lt;/a&gt;&lt;br&gt;&lt;blockquote&gt;he American Civil Liberties Union, whose lawsuit forced the release of the Justice Department memos on Thursday, plans to press the Justice Department to release other classified documents from the Bush era, including a 2004 C.I.A. inspector general’s report that gives details about C.I.A. officers who exceeded Justice Department interrogation guidelines.&lt;/blockquote&gt;&lt;br&gt;It&#039;s not like open up the Justice Department and said take what you want.&lt;br&gt;&lt;a href=&quot;http://volokh.com/posts/1238862479.shtml&quot; rel=&quot;nofollow&quot;&gt;http://volokh.com/posts/1238862479.shtml&lt;/a&gt;&lt;br&gt;&lt;a href=&quot;http://volokh.com/posts/1238250540.shtml&quot; rel=&quot;nofollow&quot;&gt;http://volokh.com/posts/1238250540.shtml&lt;/a&gt;&lt;br&gt;&lt;blockquote&gt;Third, the answer given in these memos was deficient on its face. One does not have to be an expert on international law, the Constitution or the Convention Against Torture to read the memos and know that they are one-sided and rely on thin logic. The “self defense” argument justifying torture, for example, cannot be right. War, if justified at all in a civilized society, is justified principally in self defense. Torture, however, is not acceptable in war. That is the whole point of the Convention. Some of the memos argue that the Convention and other similar treaties cannot bind the President under the Constitution, but one wonders then why the United States signed them. Would the framers really want to deny to the United States the power to make binding treaties? The OLC memos at least had to recognize that there were arguments on the other side, and that the law could be different from what the OLC said it was.&lt;br&gt;&lt;br&gt;Fourth, the OLC memos probably were so bad in part because the lawyers who wrote the memos, unlike lawyers who provide legal opinions to private clients, did not have to answer for them. Government lawyers don’t get sued for malpractice when they give bad advice; private practice lawyers do. OLC lawyers instead get judgeships, recommendations from political superiors for private sector jobs or they go back to tenured posts in universities. In my book I call these skewed incentives the “malpractice liability gap” between the public and private sectors. I explore ways to address the gap, but as a practical matter it would be difficult to use a malpractice liability regime to hold government lawyers accountable.&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p>Once again people, the documents were released after a FOI request. <br /><a href="http://abcnews.go.com/Politics/LawPolitics/story?id=7343497" rel="nofollow">http://abcnews.go.com/Politics/LawPolitics/stor&#8230;</a><br />
<blockquote>&#8230;<br />Such details emerged today as the Justice Department released pages of legal memos from the Bush administration as a part of a Freedom of Information lawsuit brought by the ACLU.<br />&#8230;</p></blockquote>
<p>Here&#39;s the link to the actual documents:<br /><a href="http://www.usdoj.gov/opa/documents/olc-memos.htm" rel="nofollow">http://www.usdoj.gov/opa/documents/olc-memos.htm</a></p>
<p>Balkin and the gang look at the legal merits(not).<br /><a href="http://balkin.blogspot.com/" rel="nofollow">http://balkin.blogspot.com/</a></p>
<p>Volokh weighs in here:<br /><a href="http://volokh.com/posts/1240065601.shtml" rel="nofollow">http://volokh.com/posts/1240065601.shtml</a><br />
<blockquote>he American Civil Liberties Union, whose lawsuit forced the release of the Justice Department memos on Thursday, plans to press the Justice Department to release other classified documents from the Bush era, including a 2004 C.I.A. inspector general’s report that gives details about C.I.A. officers who exceeded Justice Department interrogation guidelines.</p></blockquote>
<p>It&#39;s not like open up the Justice Department and said take what you want.<br /><a href="http://volokh.com/posts/1238862479.shtml" rel="nofollow">http://volokh.com/posts/1238862479.shtml</a><br /><a href="http://volokh.com/posts/1238250540.shtml" rel="nofollow">http://volokh.com/posts/1238250540.shtml</a><br />
<blockquote>Third, the answer given in these memos was deficient on its face. One does not have to be an expert on international law, the Constitution or the Convention Against Torture to read the memos and know that they are one-sided and rely on thin logic. The “self defense” argument justifying torture, for example, cannot be right. War, if justified at all in a civilized society, is justified principally in self defense. Torture, however, is not acceptable in war. That is the whole point of the Convention. Some of the memos argue that the Convention and other similar treaties cannot bind the President under the Constitution, but one wonders then why the United States signed them. Would the framers really want to deny to the United States the power to make binding treaties? The OLC memos at least had to recognize that there were arguments on the other side, and that the law could be different from what the OLC said it was.</p>
<p>Fourth, the OLC memos probably were so bad in part because the lawyers who wrote the memos, unlike lawyers who provide legal opinions to private clients, did not have to answer for them. Government lawyers don’t get sued for malpractice when they give bad advice; private practice lawyers do. OLC lawyers instead get judgeships, recommendations from political superiors for private sector jobs or they go back to tenured posts in universities. In my book I call these skewed incentives the “malpractice liability gap” between the public and private sectors. I explore ways to address the gap, but as a practical matter it would be difficult to use a malpractice liability regime to hold government lawyers accountable.</p></blockquote>
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		<title>By: kathyedits</title>
		<link>http://themoderatevoice.com/29901/more-on-cheneys-declassification-request/comment-page-1/#comment-181922</link>
		<dc:creator>kathyedits</dc:creator>
		<pubDate>Sat, 25 Apr 2009 05:19:44 +0000</pubDate>
		<guid isPermaLink="false">http://themoderatevoice.com/?p=29901#comment-181922</guid>
		<description>&lt;i&gt;The American people deserve to see all the documentation.&lt;/i&gt;&lt;br&gt;&lt;br&gt;Well, Leonidas, if you read my post, you know that &quot;all the documentation&quot; for the Bush administration&#039;s side of the story is two memos that Dick Cheney had in a folder marked &quot;Detainees&quot; in a filing cabinet he kept in his office. And of course you also know from reading my post, and the other posts to which I linked, that those two memos, which are the entirety of Dick Cheney&#039;s support for his contention that Abu Zubaydah and Khaled Sheikh Mohammed provided valuable information that prevented many terrorist plots, were written &lt;b&gt;two years after Zubaydah and Mohammed were interrogated&lt;/b&gt;.&lt;br&gt;&lt;br&gt;It&#039;s amazing that nothing was written about those interrogations and the incredibly valuable life-saving information they yielded at the time they were conducted, or immediately afterward, or even soon afterward, isn&#039;t it?</description>
		<content:encoded><![CDATA[<p><i>The American people deserve to see all the documentation.</i></p>
<p>Well, Leonidas, if you read my post, you know that &#8220;all the documentation&#8221; for the Bush administration&#39;s side of the story is two memos that Dick Cheney had in a folder marked &#8220;Detainees&#8221; in a filing cabinet he kept in his office. And of course you also know from reading my post, and the other posts to which I linked, that those two memos, which are the entirety of Dick Cheney&#39;s support for his contention that Abu Zubaydah and Khaled Sheikh Mohammed provided valuable information that prevented many terrorist plots, were written <b>two years after Zubaydah and Mohammed were interrogated</b>.</p>
<p>It&#39;s amazing that nothing was written about those interrogations and the incredibly valuable life-saving information they yielded at the time they were conducted, or immediately afterward, or even soon afterward, isn&#39;t it?</p>
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		<title>By: Leonidas</title>
		<link>http://themoderatevoice.com/29901/more-on-cheneys-declassification-request/comment-page-1/#comment-181909</link>
		<dc:creator>Leonidas</dc:creator>
		<pubDate>Sat, 25 Apr 2009 02:19:00 +0000</pubDate>
		<guid isPermaLink="false">http://themoderatevoice.com/?p=29901#comment-181909</guid>
		<description>I&#039;m against torture, but Obama has no right to cherry pick a few items for political reasons and try to use transparancy as a professed motivation if he is not willing to declassify everything he can.  Agree or not with the Bush/Cheney stance,  having Obama only declassify selected items is not transparancy but spin.  Let all the documents be released and let the people make their own judments with all the information, not with just the parts Obama wants you to see.&lt;br&gt;&lt;br&gt;The American people deserve to see all the documentation.</description>
		<content:encoded><![CDATA[<p>I&#39;m against torture, but Obama has no right to cherry pick a few items for political reasons and try to use transparancy as a professed motivation if he is not willing to declassify everything he can.  Agree or not with the Bush/Cheney stance,  having Obama only declassify selected items is not transparancy but spin.  Let all the documents be released and let the people make their own judments with all the information, not with just the parts Obama wants you to see.</p>
<p>The American people deserve to see all the documentation.</p>
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		<title>By: GeorgeSorwell</title>
		<link>http://themoderatevoice.com/29901/more-on-cheneys-declassification-request/comment-page-1/#comment-181908</link>
		<dc:creator>GeorgeSorwell</dc:creator>
		<pubDate>Sat, 25 Apr 2009 02:14:19 +0000</pubDate>
		<guid isPermaLink="false">http://themoderatevoice.com/?p=29901#comment-181908</guid>
		<description>Cheney knows what to cherry-pick.</description>
		<content:encoded><![CDATA[<p>Cheney knows what to cherry-pick.</p>
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		<title>By: Ricorun</title>
		<link>http://themoderatevoice.com/29901/more-on-cheneys-declassification-request/comment-page-1/#comment-181897</link>
		<dc:creator>Ricorun</dc:creator>
		<pubDate>Sat, 25 Apr 2009 01:03:36 +0000</pubDate>
		<guid isPermaLink="false">http://themoderatevoice.com/?p=29901#comment-181897</guid>
		<description>All I can say is... remarkable.</description>
		<content:encoded><![CDATA[<p>All I can say is&#8230; remarkable.</p>
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		<title>By: DaGoat</title>
		<link>http://themoderatevoice.com/29901/more-on-cheneys-declassification-request/comment-page-1/#comment-181896</link>
		<dc:creator>DaGoat</dc:creator>
		<pubDate>Sat, 25 Apr 2009 01:02:25 +0000</pubDate>
		<guid isPermaLink="false">http://themoderatevoice.com/?p=29901#comment-181896</guid>
		<description>He only requested a limited number of files that were designed to support his position?  My God he&#039;s turning into Obama!!!!</description>
		<content:encoded><![CDATA[<p>He only requested a limited number of files that were designed to support his position?  My God he&#39;s turning into Obama!!!!</p>
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