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	<title>Comments on: Durbin: Judge Misled Senate About Role In Forming Detainee Policy As WH Lawyer</title>
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		<title>By: Merlin</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3890709</link>
		<dc:creator>Merlin</dc:creator>
		<pubDate>Thu, 28 Jun 2007 05:16:01 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3890709</guid>
		<description>Iâ€™m certain that the Mafia would have loved to have had that capability.

Comment by The Oracle â€” June 27, 2007 @ 10:07 pm

Some would querry &quot;What&#039;s the difference?&quot; I say they are worse than the mafia.</description>
		<content:encoded><![CDATA[<p>Iâ€™m certain that the Mafia would have loved to have had that capability.</p>
<p>Comment by The Oracle â€” June 27, 2007 @ 10:07 pm</p>
<p>Some would querry &#8220;What&#8217;s the difference?&#8221; I say they are worse than the mafia.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3890709', 400, 400)"></a></p>
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		<title>By: The Oracle</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3890373</link>
		<dc:creator>The Oracle</dc:creator>
		<pubDate>Thu, 28 Jun 2007 02:07:14 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3890373</guid>
		<description>So, we have another lying Republican sitting on the federal bench, who lied in his Senate confirmation hearing, just as Alito and Roberts lied in their Senate confirmation hearings. Why am I not surprised?

Which is why all the U.S. Attorneys who weren&#039;t fired should be subpoenaed to appear before Congress, so they can be asked a whole of questions under oath...especially questions about any contact they&#039;ve had with Karl Rove, or any &quot;instructions&quot; they may have received from Alberto Gonzales about &quot;fixing&quot; the November 2008 elections.

The pattern of blatant corruption in the Republican Party is quite apparent by now. They&#039;ll lie, cheat and steal to force their crazed ideological agenda onto the rest of us, even subverting our Constitution in the process.

Our entire legal system has been assaulted, thus calling into question any action by any &quot;culture of corruption&quot; Republican attorney or judge taken anywhere across our country.

Kavanaugh lied. Kavanaugh shouldn&#039;t just recuse himself, he should immediately resign. Otherwise, the circuit court bench on which his foul butt sits will continue to smell, calling into question the integrity of everyone sitting on the circuit court.

But we know Kavanaugh won&#039;t do the honorable thing and resign. He was placed on the DC circuit court to try to block any criminal charges or accountability ever being brought against Republican officials in the most corrupt administration in American history. I&#039;m certain that the Mafia would have loved to have had that capability.</description>
		<content:encoded><![CDATA[<p>So, we have another lying Republican sitting on the federal bench, who lied in his Senate confirmation hearing, just as Alito and Roberts lied in their Senate confirmation hearings. Why am I not surprised?</p>
<p>Which is why all the U.S. Attorneys who weren&#8217;t fired should be subpoenaed to appear before Congress, so they can be asked a whole of questions under oath&#8230;especially questions about any contact they&#8217;ve had with Karl Rove, or any &#8220;instructions&#8221; they may have received from Alberto Gonzales about &#8220;fixing&#8221; the November 2008 elections.</p>
<p>The pattern of blatant corruption in the Republican Party is quite apparent by now. They&#8217;ll lie, cheat and steal to force their crazed ideological agenda onto the rest of us, even subverting our Constitution in the process.</p>
<p>Our entire legal system has been assaulted, thus calling into question any action by any &#8220;culture of corruption&#8221; Republican attorney or judge taken anywhere across our country.</p>
<p>Kavanaugh lied. Kavanaugh shouldn&#8217;t just recuse himself, he should immediately resign. Otherwise, the circuit court bench on which his foul butt sits will continue to smell, calling into question the integrity of everyone sitting on the circuit court.</p>
<p>But we know Kavanaugh won&#8217;t do the honorable thing and resign. He was placed on the DC circuit court to try to block any criminal charges or accountability ever being brought against Republican officials in the most corrupt administration in American history. I&#8217;m certain that the Mafia would have loved to have had that capability.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3890373', 400, 400)"></a></p>
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		<title>By: DutchHenry</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3890177</link>
		<dc:creator>DutchHenry</dc:creator>
		<pubDate>Wed, 27 Jun 2007 23:58:43 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3890177</guid>
		<description>It&#039;s time to remove this guy fom the bench like # 11 above said why can&#039;t this liar be disbarred.Folks lets all call our Senators &amp; urge them to impeach this judge and thus remove him from the bench.
Our democracy won&#039;t work unless we the people call our Senators an tell em the way we feel.tis is our country and lying by a federal officer should be scorned.</description>
		<content:encoded><![CDATA[<p>It&#8217;s time to remove this guy fom the bench like # 11 above said why can&#8217;t this liar be disbarred.Folks lets all call our Senators &amp; urge them to impeach this judge and thus remove him from the bench.<br />
Our democracy won&#8217;t work unless we the people call our Senators an tell em the way we feel.tis is our country and lying by a federal officer should be scorned.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3890177', 400, 400)"></a></p>
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		<title>By: 93 Fired Attorneys</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3889655</link>
		<dc:creator>93 Fired Attorneys</dc:creator>
		<pubDate>Wed, 27 Jun 2007 21:27:46 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3889655</guid>
		<description>Comment by po â€” June 27, 2007 @ 3:57 pm

The problem with all these new revelations is that they are not new. At the time of the confirmation, folks said donâ€™t confirm him and the response was well you donâ€™t really have any proof. Itâ€™s the same shtick theyâ€™re running with Attorneygate. Got any proof, then go away. 


Proof of what?  Proof of firing people that serve at the pleasure of the President and can be fired for virtually any reason whatsoever.  &quot;Proof&quot; is not necessary to defend something that is not improper.  

Just as the Clinton Administration did to 93 US attorneys.</description>
		<content:encoded><![CDATA[<p>Comment by po â€” June 27, 2007 @ 3:57 pm</p>
<p>The problem with all these new revelations is that they are not new. At the time of the confirmation, folks said donâ€™t confirm him and the response was well you donâ€™t really have any proof. Itâ€™s the same shtick theyâ€™re running with Attorneygate. Got any proof, then go away. </p>
<p>Proof of what?  Proof of firing people that serve at the pleasure of the President and can be fired for virtually any reason whatsoever.  &#8220;Proof&#8221; is not necessary to defend something that is not improper.  </p>
<p>Just as the Clinton Administration did to 93 US attorneys.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3889655', 400, 400)"></a></p>
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		<title>By: Sandy Burglar</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3889634</link>
		<dc:creator>Sandy Burglar</dc:creator>
		<pubDate>Wed, 27 Jun 2007 21:21:52 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3889634</guid>
		<description>&lt;b&gt;Gitmo should be moved to the U.S. mainland in order to house SO MANY LYING, CORRUPT (soon to be convicted) GOPers!

Comment by Not Canadian â€” June 27, 2007 @ 2:58 pm&lt;/b&gt;

Yeah, the stuff they get away with is mindboggling.</description>
		<content:encoded><![CDATA[<p><b>Gitmo should be moved to the U.S. mainland in order to house SO MANY LYING, CORRUPT (soon to be convicted) GOPers!</p>
<p>Comment by Not Canadian â€” June 27, 2007 @ 2:58 pm</b></p>
<p>Yeah, the stuff they get away with is mindboggling.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3889634', 400, 400)"></a></p>
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		<title>By: Mary</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3889546</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Wed, 27 Jun 2007 20:55:30 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3889546</guid>
		<description>It doesn&#039;t sound like Kavanaugh was at the meeting:

&lt;i&gt;Another former Kennedy clerk, White House lawyer Brett Kavanaugh, had made the same argument earlier.&lt;/i&gt;

It does sound like he fibbed to Congress though.  If he was making &quot;the same&quot; argument &quot;earlier&quot;  he was involved in discussions. Especially if he was being used as a sounding board for what Justice Kennedy would do.</description>
		<content:encoded><![CDATA[<p>It doesn&#8217;t sound like Kavanaugh was at the meeting:</p>
<p><i>Another former Kennedy clerk, White House lawyer Brett Kavanaugh, had made the same argument earlier.</i></p>
<p>It does sound like he fibbed to Congress though.  If he was making &#8220;the same&#8221; argument &#8220;earlier&#8221;  he was involved in discussions. Especially if he was being used as a sounding board for what Justice Kennedy would do.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3889546', 400, 400)"></a></p>
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		<title>By: hit_escape</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3889479</link>
		<dc:creator>hit_escape</dc:creator>
		<pubDate>Wed, 27 Jun 2007 20:39:11 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3889479</guid>
		<description>&quot;Recuse yourself&quot;? Nay, resign sir!</description>
		<content:encoded><![CDATA[<p>&#8220;Recuse yourself&#8221;? Nay, resign sir!<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3889479', 400, 400)"></a></p>
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		<title>By: MsJoanne</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3889455</link>
		<dc:creator>MsJoanne</dc:creator>
		<pubDate>Wed, 27 Jun 2007 20:30:17 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3889455</guid>
		<description>Our government is already illegitimate.

The question is, when do they become relevant again?  When do they work for the people, which is what they are supposed to do.</description>
		<content:encoded><![CDATA[<p>Our government is already illegitimate.</p>
<p>The question is, when do they become relevant again?  When do they work for the people, which is what they are supposed to do.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3889455', 400, 400)"></a></p>
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		<title>By: pmse57</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3889429</link>
		<dc:creator>pmse57</dc:creator>
		<pubDate>Wed, 27 Jun 2007 20:25:35 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3889429</guid>
		<description>He lied in order to become a U.S. Court of Appeals Judge.  And now he is going to have the last word on hundreds of criminal cases, billion dollar civil suits, and all sorts of cases involving important constitutional questions.  At what point does our government become illegitimate?</description>
		<content:encoded><![CDATA[<p>He lied in order to become a U.S. Court of Appeals Judge.  And now he is going to have the last word on hundreds of criminal cases, billion dollar civil suits, and all sorts of cases involving important constitutional questions.  At what point does our government become illegitimate?<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3889429', 400, 400)"></a></p>
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		<title>By: po</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3889304</link>
		<dc:creator>po</dc:creator>
		<pubDate>Wed, 27 Jun 2007 19:57:41 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3889304</guid>
		<description>The problem with all these new revelations is that they are not new.  At the time of the confirmation, folks said don&#039;t confirm him and the response was well you don&#039;t really have any proof.  It&#039;s the same shtick they&#039;re running with Attorneygate.  Got any proof, then go away.  

Once someone is confirmed or elected, the inertia sets in.  No one wants to upset the apple cart because they might be next.  

The better play would have been to do what the GOP Senate is doing . . . refuse to let anything come to a vote.  Then you wouldn&#039;t have this idiot on the bench or the other 2 idiots ont he SCOTUS.  Thanks for nothing, once again</description>
		<content:encoded><![CDATA[<p>The problem with all these new revelations is that they are not new.  At the time of the confirmation, folks said don&#8217;t confirm him and the response was well you don&#8217;t really have any proof.  It&#8217;s the same shtick they&#8217;re running with Attorneygate.  Got any proof, then go away.  </p>
<p>Once someone is confirmed or elected, the inertia sets in.  No one wants to upset the apple cart because they might be next.  </p>
<p>The better play would have been to do what the GOP Senate is doing . . . refuse to let anything come to a vote.  Then you wouldn&#8217;t have this idiot on the bench or the other 2 idiots ont he SCOTUS.  Thanks for nothing, once again<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3889304', 400, 400)"></a></p>
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		<title>By: MsJoanne</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3889285</link>
		<dc:creator>MsJoanne</dc:creator>
		<pubDate>Wed, 27 Jun 2007 19:54:16 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3889285</guid>
		<description>They may have different classes of requirements but a lawyer who is disbarred cannot practice law to represent others.  Gonzo, I don&#039;t believe could hold his post, but the question about a judge is interesting because he is supposed to decide on law, but he doesn&#039;t represent anyone.

What happened in NC when the prosecutor was disbarred.  He was fired before he quit, but he had been disbarred already, yet remained for several days.

Interesting legal question...any lawyers out there?</description>
		<content:encoded><![CDATA[<p>They may have different classes of requirements but a lawyer who is disbarred cannot practice law to represent others.  Gonzo, I don&#8217;t believe could hold his post, but the question about a judge is interesting because he is supposed to decide on law, but he doesn&#8217;t represent anyone.</p>
<p>What happened in NC when the prosecutor was disbarred.  He was fired before he quit, but he had been disbarred already, yet remained for several days.</p>
<p>Interesting legal question&#8230;any lawyers out there?<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3889285', 400, 400)"></a></p>
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		<title>By: RemoveBush</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3889259</link>
		<dc:creator>RemoveBush</dc:creator>
		<pubDate>Wed, 27 Jun 2007 19:48:21 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3889259</guid>
		<description>&quot;&lt;em&gt;So the Attorney General and a Federal Judge can retain their positions without being able to legally practice law? That seems kind of hoakey. Must look more into this. Not to say you are not right but it just seems weird.

Comment by dlet â€” June 27, 2007 @ 3:31 pm&lt;/em&gt;&quot;

You forget that a CIVIL SERVANT is in a different class of requirments.....</description>
		<content:encoded><![CDATA[<p>&#8220;<em>So the Attorney General and a Federal Judge can retain their positions without being able to legally practice law? That seems kind of hoakey. Must look more into this. Not to say you are not right but it just seems weird.</p>
<p>Comment by dlet â€” June 27, 2007 @ 3:31 pm</em>&#8221;</p>
<p>You forget that a CIVIL SERVANT is in a different class of requirments&#8230;..<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3889259', 400, 400)"></a></p>
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		<title>By: Jay Randal</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3889198</link>
		<dc:creator>Jay Randal</dc:creator>
		<pubDate>Wed, 27 Jun 2007 19:35:45 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3889198</guid>
		<description>Yes Sen. Durbin, but remember when you claimed that GOPers acted like Nazis, then Repubs attacked you, but instead of fighting back you cried and apologized to them. Kind of hard to get your manhood back now.</description>
		<content:encoded><![CDATA[<p>Yes Sen. Durbin, but remember when you claimed that GOPers acted like Nazis, then Repubs attacked you, but instead of fighting back you cried and apologized to them. Kind of hard to get your manhood back now.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3889198', 400, 400)"></a></p>
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		<title>By: dlet</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3889178</link>
		<dc:creator>dlet</dc:creator>
		<pubDate>Wed, 27 Jun 2007 19:31:07 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3889178</guid>
		<description>They MUST be IMPEACHED, or fired by the President!
Comment by RemoveBush 

So the Attorney General and a Federal Judge can retain their positions without being able to legally practice law?  That seems kind of hoakey.  Must look more into this.  Not to say you are not right but it just seems weird.</description>
		<content:encoded><![CDATA[<p>They MUST be IMPEACHED, or fired by the President!<br />
Comment by RemoveBush </p>
<p>So the Attorney General and a Federal Judge can retain their positions without being able to legally practice law?  That seems kind of hoakey.  Must look more into this.  Not to say you are not right but it just seems weird.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3889178', 400, 400)"></a></p>
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		<title>By: impeachcheneythenbush</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3889164</link>
		<dc:creator>impeachcheneythenbush</dc:creator>
		<pubDate>Wed, 27 Jun 2007 19:28:19 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3889164</guid>
		<description>You guys are missing something very important here.  First of all, it wasn&#039;t Kavanagh who made the statement quoted above...it was Berenson, another White House lawyer.  And it&#039;s unclear whether or not Kavanagh was actually at that &quot;heated&quot; meeting or was asked that question earlier, outside of a formal meeting or process.  Re-read this section of the WAPO&#039;s article on June 25th, and see what you think.  Lastly, keep in mind that the issue being discussed was whether or not an AMERICAN CITIZEN could be declared an enemy and locked up without any access to legal rights.  Read the Constitution...isn&#039;t supposed to happen!!  Seems to me that Olson, Berensen and Kavanagh were all arguing on avoiding violation of the Constitution/Bill of Rights, ..and Gonzales made his decision on behalf of an incipient dictatorship and in favor of Cheney.  

His Client, the Vice President&#039;

In the summer and fall of 2002, some of the Bush administration&#039;s leading lawyers began to warn that Cheney and his Pentagon allies had set the government on a path for defeat in court. As the judicial branch took up challenges to the president&#039;s assertion of wartime power, Justice Department lawyers increasingly found themselves defending what they believed to be losing positions -- directed by the vice president and his staff. One of the uneasy lawyers was Solicitor General Theodore B. Olson , a conservative stalwart whose wife, Barbara, had died on Sept. 11, 2001 when the hijacked American Airlines Flight 77 crashed into the Pentagon. Olson shared Cheney&#039;s robust view of executive authority, but his job was to win cases. Two that particularly worried him involved U.S. citizens -- Jose Padilla and Yaser Esam Hamdi -- who had been declared enemy combatants and denied access to lawyers.

Federal courts, Olson argued, would not go along with that. But the CIA and military interrogators opposed any outside contact, fearing relief from the isolation and dependence that they relied upon to break the will of suspected terrorists.

Flanigan said that Addington&#039;s personal views leaned more toward Olson than against him, but that Addington beat back the proposal to grant detainees access to lawyers, &quot;because that was the position of his client, the vice president.&quot;

Decision time came in a heated meeting in Gonzales&#039;s corner office on the West Wing&#039;s second floor, according to four officials with direct knowledge, none of whom agreed to be quoted by name about confidential legal deliberations. Olson was backed by associate White House counsel Bradford A. Berenson , a former law clerk to Supreme Court Justice Anthony M. Kennedy.

Berenson told colleagues that the court&#039;s swing voter would never accept absolute presidential discretion to declare a U.S. citizen an enemy and lock him up without giving him an opportunity to be represented and heard. Another former Kennedy clerk, White House lawyer Brett Kavanaugh, had made the same argument earlier.

Addington accused Berenson of surrendering executive power on a fool&#039;s prophecy about an inscrutable court. Berenson accused Addington of &quot;know-nothingness.&quot;

Gonzales listened quietly as the Justice Department and his own staff lined up against Addington. Then he decided in favor of Cheney&#039;s lawyer.</description>
		<content:encoded><![CDATA[<p>You guys are missing something very important here.  First of all, it wasn&#8217;t Kavanagh who made the statement quoted above&#8230;it was Berenson, another White House lawyer.  And it&#8217;s unclear whether or not Kavanagh was actually at that &#8220;heated&#8221; meeting or was asked that question earlier, outside of a formal meeting or process.  Re-read this section of the WAPO&#8217;s article on June 25th, and see what you think.  Lastly, keep in mind that the issue being discussed was whether or not an AMERICAN CITIZEN could be declared an enemy and locked up without any access to legal rights.  Read the Constitution&#8230;isn&#8217;t supposed to happen!!  Seems to me that Olson, Berensen and Kavanagh were all arguing on avoiding violation of the Constitution/Bill of Rights, ..and Gonzales made his decision on behalf of an incipient dictatorship and in favor of Cheney.  </p>
<p>His Client, the Vice President&#8217;</p>
<p>In the summer and fall of 2002, some of the Bush administration&#8217;s leading lawyers began to warn that Cheney and his Pentagon allies had set the government on a path for defeat in court. As the judicial branch took up challenges to the president&#8217;s assertion of wartime power, Justice Department lawyers increasingly found themselves defending what they believed to be losing positions &#8212; directed by the vice president and his staff. One of the uneasy lawyers was Solicitor General Theodore B. Olson , a conservative stalwart whose wife, Barbara, had died on Sept. 11, 2001 when the hijacked American Airlines Flight 77 crashed into the Pentagon. Olson shared Cheney&#8217;s robust view of executive authority, but his job was to win cases. Two that particularly worried him involved U.S. citizens &#8212; Jose Padilla and Yaser Esam Hamdi &#8212; who had been declared enemy combatants and denied access to lawyers.</p>
<p>Federal courts, Olson argued, would not go along with that. But the CIA and military interrogators opposed any outside contact, fearing relief from the isolation and dependence that they relied upon to break the will of suspected terrorists.</p>
<p>Flanigan said that Addington&#8217;s personal views leaned more toward Olson than against him, but that Addington beat back the proposal to grant detainees access to lawyers, &#8220;because that was the position of his client, the vice president.&#8221;</p>
<p>Decision time came in a heated meeting in Gonzales&#8217;s corner office on the West Wing&#8217;s second floor, according to four officials with direct knowledge, none of whom agreed to be quoted by name about confidential legal deliberations. Olson was backed by associate White House counsel Bradford A. Berenson , a former law clerk to Supreme Court Justice Anthony M. Kennedy.</p>
<p>Berenson told colleagues that the court&#8217;s swing voter would never accept absolute presidential discretion to declare a U.S. citizen an enemy and lock him up without giving him an opportunity to be represented and heard. Another former Kennedy clerk, White House lawyer Brett Kavanaugh, had made the same argument earlier.</p>
<p>Addington accused Berenson of surrendering executive power on a fool&#8217;s prophecy about an inscrutable court. Berenson accused Addington of &#8220;know-nothingness.&#8221;</p>
<p>Gonzales listened quietly as the Justice Department and his own staff lined up against Addington. Then he decided in favor of Cheney&#8217;s lawyer.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3889164', 400, 400)"></a></p>
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		<title>By: powkat</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3889156</link>
		<dc:creator>powkat</dc:creator>
		<pubDate>Wed, 27 Jun 2007 19:27:03 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3889156</guid>
		<description>They have killed justice.  Crooked prosecuters, crooked judges, crooked USA&#039;s, crooked legislators - next time I get on a jury for some poor schmuck I will vote not guilty regardless of the facts - if these lying sacks of s**t can get away with it there is no reason to punish anyone else.</description>
		<content:encoded><![CDATA[<p>They have killed justice.  Crooked prosecuters, crooked judges, crooked USA&#8217;s, crooked legislators &#8211; next time I get on a jury for some poor schmuck I will vote not guilty regardless of the facts &#8211; if these lying sacks of s**t can get away with it there is no reason to punish anyone else.<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3889156', 400, 400)"></a></p>
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		<title>By: RemoveBush</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3889155</link>
		<dc:creator>RemoveBush</dc:creator>
		<pubDate>Wed, 27 Jun 2007 19:26:20 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3889155</guid>
		<description>&quot; &lt;em&gt;Canâ€™t they be disbarred for this and have to leave their positions no matter how much the President whines?

Comment by dlet â€” June 27, 2007 @ 3:24 pm&lt;/em&gt;&quot;

NOPE!

They MUST be IMPEACHED, or fired by the President!</description>
		<content:encoded><![CDATA[<p>&#8221; <em>Canâ€™t they be disbarred for this and have to leave their positions no matter how much the President whines?</p>
<p>Comment by dlet â€” June 27, 2007 @ 3:24 pm</em>&#8221;</p>
<p>NOPE!</p>
<p>They MUST be IMPEACHED, or fired by the President!<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3889155', 400, 400)"></a></p>
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		<title>By: dlet</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3889147</link>
		<dc:creator>dlet</dc:creator>
		<pubDate>Wed, 27 Jun 2007 19:24:38 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3889147</guid>
		<description>For Kavanaugh and even Gonzo, they have been shown to have lied under oath.  Can&#039;t they be disbarred for this and have to leave their positions no matter how much the President whines?</description>
		<content:encoded><![CDATA[<p>For Kavanaugh and even Gonzo, they have been shown to have lied under oath.  Can&#8217;t they be disbarred for this and have to leave their positions no matter how much the President whines?<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3889147', 400, 400)"></a></p>
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		<title>By: Armando Gomez</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3889126</link>
		<dc:creator>Armando Gomez</dc:creator>
		<pubDate>Wed, 27 Jun 2007 19:19:29 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3889126</guid>
		<description>Now let Kavanaugh face justice and let freedom ring: MOVE IN FOR THE KILL!</description>
		<content:encoded><![CDATA[<p>Now let Kavanaugh face justice and let freedom ring: MOVE IN FOR THE KILL!<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3889126', 400, 400)"></a></p>
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		<title>By: LandSurveyor</title>
		<link>http://thinkprogress.org/2007/06/27/durbin-kavanaugh/comment-page-1/#comment-3889122</link>
		<dc:creator>LandSurveyor</dc:creator>
		<pubDate>Wed, 27 Jun 2007 19:18:13 +0000</pubDate>
		<guid isPermaLink="false">http://edit.thinkprogress.org/2007/06/27/durbin-kavanaugh/#comment-3889122</guid>
		<description>Jeesh man what the hell is going on????</description>
		<content:encoded><![CDATA[<p>Jeesh man what the hell is going on????<a href="javascript:void(0)" title=""  onmouseover="window.status=''; return true" onmouseout="window.status=''; return true" onclick="ddrc_popup('http://thinkprogress.org/wp-content/plugins/dd-report-comments/report.php?c=3889122', 400, 400)"></a></p>
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