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One has to wonder if Mr. Tyrell, the DOJ lawyer who wrote to Thomas Tamm's lawyer, has an overabundance of hubris, or whether he simply is clueless. The proper response to him would be to send him a copy of Article VI of the Constitution, and to remind him that he and Tamm most likely both swore the same oath to preserve, protect and defend the Constitution of the United States.
When the President of the United States has not only failed to preserve, protect, or defend the Constitution, but has actively tried to eviscerate it, then it is the duty of any officer of the government, of any citizen of this country, to speak out, to act, and to protest, in every way possible. And further to obstruct and hinder the President in his lawbreaking.
Instead of investigating Tamm, he should get a Medal of Freedom- not from Bush, which would obviously by hypocrisy, but by Obama, after he has directed his Attorney General and FBI Director to cease harassing Tamm.