Matt Yglesias

16 Responses to “Thomas Tamm”

1. Radon Chong Says:
   December 15th, 2008 at 11:48 am

   Well, laws are for the little people.

2. tomj Says:
   December 15th, 2008 at 12:05 pm

   One limitation of pardons and laws which grant immunity is that they apply to past behavior, or part of lawful job related activities.

   There could still be an investigation of what went on. This gives those involved a chance to lie, or tell enough of the facts to identify unlawful behavior that wasn’t covered by immunity.

   Anyone receiving a pardon or covered by immunity will find it difficult to use fifth amendment rights to refuse to answer questions about their own activities.

   This is probably why pardons are usually only granted to those who have been convicted and shown remorse. At least there has been a public accounting of the crimes and a fair chance to refute them.

3. DBL Says:
   December 15th, 2008 at 2:31 pm

   Two points:

   1) Once Obama takes office, he can prosecute anyone who served in the Bush administration his little heart desires. He can go after every CIA case officer, every DOJ lawyer, every cabinet official, every assistant secretary, every military officer from private on up to general, even President Bush and Vice President Cheney. President Bush isn’t going to pardon anyone. So if Obama thinks that high crimes have been committed, well, he can unleash the full power of the federal government to force all the miscreants into bankruptcy and/or prison.

   On the other hand, if Obama is as smart as he seems to be, he’ll pardon everyone and convene some sort of “Truth and Reconciliation Commission” that will give some sort of official imprimatur to all the fantasies floating out in the fever swamps of the left.

   2) Mr. Tamm, on the other hand, is unlikely to be prosecuted for violating his oath. (Can you think of any government official who has been prosecuted within living memory for leaking to the press?) Still he will suffer the consequences that lawyers who betray the confidences entrusted to them invariably suffer: no one will ever trust him again and he will not ever be able to find work as a lawyer. Even lefty clients won’t trust him. I suppose he can always try his hand at journalism – you don’t need a reputation for honesty and integrity to be a journalist.

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