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D.C. Circuit District: No "Absolute Immunity."

[ 5 ] July 31, 2008 |

Lederman: “It is an extraordinarily thorough, scholarly and thoughtful opinion — surely one of the best opinions ever written on questions relating to executive/congressional disputes. It is also, IMHO, correct on the merits, of virtually all of the many legal questions it discusses. It is important not only for its holding on the immunity question, but also for its holding and analysis on congressional standing, and for its unequivocal rejection (pp. 39-41) of one of the Administration’s principal arguments with respect to all of these privilege disputes in the U.S. Attorney matter — the notion that because the subject matter of the investigations is presidential removal of the U.S. Attorneys, Congress has no legitimate oversight function at all. The court quite correctly rejects this view.”

Comments (5)

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  1. Evan says:

    When do conservatives’ cries of judicial activism start?

  2. Kevin says:

    They may try it, but this judge is a Shrub appointee, and a former Whitewater guy.

  3. DrDick says:

    Apparently Bush has not totally corrupted the justice system and somebody still cares about the constitution.

  4. Jon says:

    Uh, Scott. . . . DC Circuit? Nope, District Court for DC. Big difference.

  5. Jon–oops-my mistake, will correct.

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