Looks to me that Fitz failed to do his job properly and (imo) misled the Judge
Fitz is Toast
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Finally, consistent with the view of Presidential authority in foreign and military affairs discussed in prior sections of this letter, Dellinger (Bubba's WH counsel), advised that a President's responsibility to decline to execute unconstitutional provisions is:
"......usually true, for example, of provisions limiting the President's authority as Commander in Chief.
Where it is possible to construe such provisions constitutionally, the President has the authority to act on his understanding of the Constitution."
(snip)
Though the title of this opinion diplomatically describes Presidential authority as one "to decline to execute" unconstitutional statutes, it is clear, from this and other OLC opinions, that the intent was to confirm the President's authority to act, in rare cases, in contravention of provisions reasonably believed to unconstitutionally intrude on the President's constitutional responsibilities and authorities.
(snip)
This OLC Opinion prepared for President Clinton's Office of Intelligence Policy and Review by then-Assistant-Attorney-General Randolph d. Moss, advised that the President could disregard statutory restrictions on sharing criminal wiretap information with intelligence, notwithstanding that the statute carried criminal penalties. OLC advised that:
(snip)
"..........The Constitution vests the President with responsibility of all matters with the Executive Branch, including where necessary, the collection and dissemination of national security information. Because it's "obvious and unarguable" that no governmental interest is more compelling than the security of the nation, ...the President has a powerful claim under the Constitution to receive information critical to national security or foreign relations and to authorize its disclosure to the intelligence community.
Where the President's authority concerning national security or foreign relations is in tension with a statutory rather than a constitutional rule, the statute cannot displace the President's constutional authority and should be read to be "subject to an implied exception in deference to such Presidential powers." ~~~~~~~~~~~~~~~~~~~~~~~~~
(had to revert to rarely used stenography skills for that one ;).
New Dim title: CIP - Constitutional Impairment Party