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He is one of numerous Constitutional lawyers from across the legal spectrum who have "examined the verifiable facts" as least as much as you or I have and believe there are serious questions of law and presidential abuse of power by Bush/Cheney.
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This is an
Appeal to Authority, a classic fallacy of logic. It doesn't really prove anything and Mr. Fein's column gave us no new information.
Obama continued the Bush policies on FISA immunity and rendition secrets. Creeping fascism? Disregard of rule of law? Or an attempt to keep the country safe by using all available tools to do so? I don't know, let's just prosecute and figure that out during trials. Is that what you want? That's what Fein wants:
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Mr. Obama should investigate, among others, former President George W. Bush, former Vice President Dick Cheney, former Defense Secretary Donald Rumsfeld, former Attorney General John Ashcroft, former White House counsel and Attorney General Alberto Gonzales, and former White House political adviser Karl Rove. The crimes to be investigated should include complicity in torture, illegal surveillance, illegal detention, perjury, obstruction of justice and contempt of Congress. Prosecutions should follow if the evidence convinces...
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"I don't have any evidence. But
if the court finds something..."
Or if somebody perjures themselves during trial... we're back to prosecuting blowjobs.