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Read other letters about this article
Technically, that sentence is true, but what actually
happened, as confirmed today, is that the White House kept going
anyway, even without permission from the OLC. The White House
continued the "T.S.P." -- without making any concessions to
"tougher legal standards" -- even after the USDOJ and OLC had told
the White House that the "T.S.P." was illegal.
— sysprog
Actually, they didn't tell them that it was illegal; what they told them was that they couldn't certify that it was legal. This is a fine distinction that Comey stuck to when Arlen Specter tried to coax out of him an opinion that he considered the program illegal. Comey clearly has a sharp legal mind and I'm sure the distinction exists there between not being able to to certify the program as legal and declaring it illegal. From what Comey implied (but left unstated), any basis for legality was so iffy that it was inadequate as a basis for certification.
