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Neil Lewis of the New York Times takes a look at what we can expect from a Justice Department headed by Eric Holder, who is likely to be confirmed as attorney general later today. The findings: the laws will be enforced, the Constitution will be considered binding, the government will take its commitments to the global community seriously. The Bush Administration’s guiding principle of omertà will fade in favor of public accountability for the acts of public servants. The Civil Rights Division will actually resume enforcement of civil rights legislation. The Office of Legal Counsel will cease directing criminal conspiracies and will instead issue level-headed legal advice driven by respect for the rule of law. Lewis points to some of the litigation positions in place that Holder will want to reconsider. The state secrets doctrine, for instance, has existed at least since the administration of Thomas Jefferson. But roughly 90 percent of all in-court invocations of this doctrine from the founding of the American Republic through today occurred during the Bush Administration. Something is seriously wrong with this picture, since the claim of state secrets now almost invariably occurs to cloak some embarrassing, and often criminal, conduct in which the administration engaged. If Holder is serious about the disinfectant benefits of sunshine, he will want to start reversing this pattern of abuse. One instance involves victims of warrantless surveillance by the Bush team, which was almost certainly felonious. Bush Administration lawyers rushed to try to block the suit in the final hours before Bush left office:
A federal trial judge in San Francisco ruled that the government could not invoke the doctrine to block a lawsuit by al-Haramain, which has asserted that the government illegally listened in on its conversations. The Bush administration used the doctrine to block more than two dozen lawsuits. In timing that was a bit of a surprise, the Justice Department lawyers who have handled the lawsuit filed a motion with the court an hour before Inauguration Day that held to the same position. Some Obama administration figures regarded the filing before midnight on Jan. 19 as a rear-guard action to make it more difficult to reverse course.
As Eric Holder enters the smoldering wreckage of the Justice Department, the challenges he faces will require extraordinary energy and exertion. He will enter with only a few hundred political appointees, while far larger number of “loyal Bushies” have been burrowed (illegally, as the Department acknowledges in its own internal probe) deeply into the institution. The first struggle on the horizon is likely to be a struggle within Justice for the institution’s soul. I expect sabotage and disinformation to flow freely for several months. Hang on for the ride.
More from Scott Horton:
Conversation — August 5, 2016, 12:08 pm
Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Flor Arely Sánchez had been in bed with a fever and pains throughout her body for three days when a July thunderstorm broke over the mountainside. She got nervous when bolts of light flashed in the sky. Lightning strikes the San Julián region of western El Salvador several times a year, and her neighbors fear storms more than they fear the march of diseases — first dengue, then chikungunya, now Zika. Flor worried about a lot of things, since she was pregnant.
Late in the afternoon, when the pains had somewhat eased, Flor thought she might go to a dammed-up bit of the river near her house to bathe. She is thirty-five and has lived in the same place all her life, where wrinkled hills are planted with corn, beans, and fruit trees. She took a towel and soap and walked out into the rain. Halfway to the river, the pains returned and overcame her. The next thing Flor remembers, she was in a room she didn’t recognize, unable to move. As she soon discovered, she was in a hospital, her ankle cuffed to the bed, and she was being investigated for abortion.
Average number of new microwave food products introduced every day In 1987:
Cocaine addicts prefer $500 in cash now to $1,000 worth of cocaine later.
Scientists in the Galápagos Islands credited an endangered giant tortoise named Diego with saving his species by fathering more than 800 offspring.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”