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Former OLC Director Not Opposed to Criminal Investigation of OLC Lawyers

Former Acting Assistant Attorney General Daniel Levin, who headed the Justice Department’s Office of Legal Counsel under President George W. Bush after the departure of Jack Goldsmith, said this morning that “I personally am not opposed to criminal investigation of my conduct and others during the period in question.” Levin was referring to the period [...]


GOP Makes Good on Boycott Threat

The Senate Environment and Public Works Committee — or half of it, more accurately — has begun its first day of markup of the landmark Kerry-Boxer climate legislation. And once again, it’s a pretty one-sided debate.
Last week, Ranking Member James Inhofe (R-Okla.) threatened to boycott the markup unless the committee received an Environmental Protection Agency [...]


A Senate Bill to End Cocaine Sentencing Disparity

A group of 10 Democratic senators today reintroduced legislation designed to end the sentencing disparity between powder and crack cocaine — a long-standing push that never quite seems to get enacted.
In a statement, the lawmakers cite the reasoning behind the proposal.
Under current law, possession of five grams of crack cocaine (roughly the weight of two [...]


Insurers Defend Anti-Trust Exemption with 36-Year-Old Data

As Daphne pointed out, the insurance industry’s witness at yesterday’s Senate Judiciary Committee hearing to examine a law exempting health insurers from federal anti-trust rules was none-too-comfortable defending that exclusion from Democratic attacks. But you didn’t have to watch the proceedings to learn that University of Arkansas professor Lawrence Powell, representing the Physician Insurers [...]


Whitehouse Calls for Wider Criminal Probe of Torture

Sen. Sheldon Whitehouse (D-R.I.), the former U.S. Attorney who’s been pointing out for more than a year that waterboarding is and always has been torture, made the key point yesterday (and the same one I made here) that the criminal investigation of “enhanced interrogation techniques” that turned into torture would be an ordinary and obvious [...]


A Push to Keep Guns From Foreign-Convicted Felons

Perhaps emboldened by a rare victory over the gun lobby last week, a group of liberal senators introduced legislation Wednesday to prevent people convicted of felonies overseas from owning firearms.
The proposal attempts to close a loophole created by a 2005 Supreme Court decision, which found that the prohibition on gun ownership applies only to felons [...]


GOP (Plus Liberals!) Pushed Torture-Disclosure Provision

More on that new provision in the intelligence authorization bill pushing disclosure on the efficacy of torture. The measure was proposed by Sen. Kit Bond (R-Mo.) to counter the Obama administration’s portrayal of torture as ineffective, and particularly in light of the release of the Justice Department’s 2002 and 2005 memoranda justifying its use. In [...]


Sen. Whitehouse Denounces Roberts’ Umpire Theory of Judging

Sen. Sheldon Whitehouse (D-R.I.) just denounced Supreme Court Justice John Roberts’ disingenuous umpire theory of judging — his oft-quoted statement that the role of a judge is just to call “balls and strikes” as he sees them — with a harsh critique of what’s turned out to be remarkable “judicial activism” by the conservative majority [...]


Zelikow Sums It Up

During this morning’s Senate Judiciary subcommittee hearing on torture, Sen. Sheldon Whitehouse (D-R.I.) who chaired the hearing, asked Philip Zelikow, the former state department adviser, about the reaction he received when he objected to the interrogation techniques approved by the Office of Legal Counsel. Whitehouse noted that “lawyers love to debate. It’s our nature to [...]


Feinstein Signals Opposition To Independent Torture Commission

Sen. Dianne Feinstein (D-Calif.), the chairwoman of the Senate intelligence committee, which is conducting its own investigation into the CIA and torture, appeared to signal her opposition to chartering a separate commission on torture, let alone prosecution. Sticking up for her inquiry, which will wrap up within a year, she said that alongside the six [...]