Update: Jonathan Turley breaks it down.
Attorney General Mukasey has appointed a U.S. Attorney General to handle the investigation — a disappointing decision not to appoint someone outside the Administration.[...]
John Durham, the U.S. Attorney in Connecticut, is not viewed as political but he remains within the Justice Department and under Mukasey’s supervision.
[...]
[P] reliminary investigation now shows that the highest ranking members of the Administration were involved as were Justice officials. The conflict of interest is open and obvious.
[...]
The Justice Department is the very party accused of contempt and obstruction. It is the institution that told judges like Judge Brinkema in Virginia that no such tapes existed when they did. More importantly, in a contempt circumstance, it is the duty of the court to make an independent inquiry. If this were a private party, it would be odd for the court to say that it wants the accused party to first investigate itself. Instead, a court issues a show cause order that tells the party that it wants to know why it should not be held in contempt. The party is then given time to muster its facts and filings. This would have been the better course for the court. Instead, the court is practically leaving a judicial matter (contempt) in the hands [of the] executive branch, which is investigating itself.
And so it goes.
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