Obama is going to get exactly what he wants: a pliable administration that will deliver exactly what he desires without serious examination of the issues or consequences, and without the benefit of sound but dissenting voices.
As a result of his declassification of security memos and findings – and serious talk about investigating or prosecuting those who wrote them – Obama is making sure that the government gets less and less access to talented and educated legal theory and opinion.
Obama’s policy on these issues bore proof of this when Andrew McCarthy declined attending a roundtable conference designed to give the administration cover on DOJ policy decisions.
McCarthy refused to take the bait, saying in part:
“Given that stance, any prudent lawyer would have to hesitate before offering advice to the government.”
We may rapidly be approaching a situation where Obama first has to offer immunity and a blanket pardon to talented lawyers before getting them to agree to serve in or advise the administration.
Without talented legal theory and dissent, Obama will open the government up to legal attacks (suits, appeals) to smarter lawyers who were way too smart to serve.
It will be one of the ultimate self-licking ice creazm cones – a government full of selfish, untalented lawyers providing short-sighted advice attacked by outside legal talent (for patriotic or selfish purposes).
McCarthy could have illustrated this more clearly by offering to serve only if he was granted immunity!
Maybe Obama will get exactly what he wants.
Then we collectively, through our government, will become the ultimate victims – prey to any party that wishes to sue over policies underwritten by poorly chosen attorneys (ie: the ones who cannot forsee being prosecuted over their opinions).