DOJ Says They Can No Longer Afford To Respect The Attorney-Client Privilege

[Jim Lane]

5. Yes, that 1/2 of the glass is full. Or maybe that 1/89 of the glass.

The metaphor of the glass is apt here. If you choose to focus on the Obama administration's decision not to commit outright criminality, no one can deny that that's a good thing, and no one can produce any evidence of such criminal conduct, at least not yet.

OTOH, some of us are also entitled to the view that for the DoJ to even attempt to persuade a judge to approve this practice is significant -- and is not the Hope and Change we had in mind when we were campaigning for Obama in 2008. (I will admit that, by the time we voted for him in 2012, it was clear that this kind of thing was not out of the question.)

There's even the possibility that the headline reflectS the DoJ's position wherever the DoJ can still take that position. It would not be outright criminality for the DoJ to appeal this decision, or to argue (correctly) that the decision is not legally binding in any of the 88 other federal judicial districts. So don't count your half a glass before it's hatched.