Analysts divided bitterly on that question, but the torrent of commentary, unleashed by a senior department official's decision to discard the recommendations of ethics investigators in the case of John C. Yoo and Jay S. Bybee, underscored the murkiness of disciplining lawyers.
David Rivkin has been busy lately appearing on a host of nationally broadcast television shows; talking about everything from legal issues in the war on terrorism to First Amendment issues here at home (Feb.6 through Feb. 12)
In truth, it will be far more difficult for the president to accept that his decision to close Guantanamo was wrong than it will be for him to explain a reversal of the policy. Here, the spin is easy - it has the unusual virtue of being true.
Argument over civil trial versus military tribunal for future perpetrators is bound to continue. Ergo, inquiring minds want to know: In which direction is the Obama administration likely to go with this?
A bipartisan revolt is brewing in the Senate over the Obama administration's handling of accused Detroit bomber Umar Farouk Abdulmutallab. Constitutional attorney, David Rivkin, weighs in on this news.