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To: SolidWood

releasing the internal operational documents from the prior administration is crossing so many lines here, it is making my head spin.


61 posted on 03/02/2009 2:33:48 PM PST by Buckeye McFrog
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To: Buckeye McFrog

I wonder if they released the entire memo. Legal memoranda are usually considered “work product”, that is, internal analysis of specific legal questions applies to specific facts. Opposing parties in lawsuits usually can’t subpoena such documents because they are not an indication of decisions made by the party but rather considerations of alternatives which may or may not have guided the party’s actions. (Yeah, I’m sure you can tell by my language I have legal training.)

Typically a legal memo will, by request, posit a narrow set of specific facts and then proceed to apply whatever specific law or laws the requester wants analyzed. They are seldom a wide-ranging analysis of the entire legal landscape affecting the fact situation.

It is entirely inappropriate for Obama to have released these memos because the world at large goes not understand the legal memo process as it operates here. It would be like finding and releasing the memos from the Obama Administration on its budget process, or his and Congress’ memos on the stimulus package. In this country, people and administrations are to be judged by their acts, not their incoate thoughts.


192 posted on 03/03/2009 6:58:59 AM PST by caseinpoint (Don't get thickly involved in thin things)
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