Yoo Talkin' to Me?

Plausible deniability, and other reasons why warfare by midlevel legal memoranda is a really bad idea.
By Dahlia Lithwick
Slate.com
Posted Wednesday, April 2, 2008

Pop quiz for the law junkies:

1) Name the lawyer in the Bush administration who was sanctioned, sacked, or prosecuted for anything related to the firing of nine U.S. attorneys last spring.

2) How about the attorney fired for allowing the destruction of thousands of White House e-mails or the CIA torture tapes?

3) The guy dismissed after advocating for warrantless wiretapping in violation of the FISA law?

4) Disciplined for gross civil rights violations through the misuse of National Security Letters?

Can't think of anyone? Me neither. Someday, when we look back at the Bush administration's "war on terror," we'll be unable to point to the "bad guys" because they will turn out to be a bunch of attorneys in starched white button-downs, using plausible-sounding legal analysis to beat precedent and statute and treatise from ploughshares into swords. And not one of them will be held to account.

(Continued here.)