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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Tuesday, April 21, 2009 ::
    Thoughtcrime by legal analysis

    Very oily: first, send out Rahm Emanuel to say, no, prosecuting ex-DOJ officials for the legal memos they wrote is a bad idea. Then, say well maybe we'll do it after all, but it's up to the AG, and maybe Congress will want to do a bunch of stuff here, but we're not sure yet.

    Whether with economic or with legal measures, this administration seems to love uncertainty. Keep those you're dealing with guessing.

    The phrase "criminalization of policy differences" -- which first arose in the '80s, and with good reason, given how Congress was trying to deal with the Reagan administration, first over EPA issues and later over the Latin-American policy -- is at risk of becoming a cliche. But the message is clear: conservatives, don't go to Washington, or if you do, don't commit conservatism. It is easily shoehornable into some sort of criminal category, and Democrats are willing and eager to follow through.

    Senate Intelligence Committee Chairman Dianne Feinstein (D., Calif.) has said she would like to conduct her own inquiry.

    I'm sure she would.

    Note (in the linked WSJ article) Senator Leahy's use of the term "truth commission." That's the name for what they had in South African during the transition away from apartheid. That's what the Leahys of the world think is going on, and, more to the point, what they want you to think is going on. 2009 = 1945, and we're now in a Nuremberg phase.

    :: David M. Wagner 7:46 PM [+] ::

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