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Wednesday, January 7, 2009 12:00 AM

The DOJ pursues the "real criminal" in the NSA spying scandal

While the high-level lawbreakers are protected from consequences by our political class, only the courageous whistle-blower is subject to criminal prosecution.

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  • Wednesday, January 7, 2009 07:20 AM

    Qui Tamm

    Not to minimize the unforgivable pain the Mukasey DOJ has put him through, but as a practical matter, can't he just run out the clock at this point? Is there anything more they can realistically do to him between now and 1/20? I would hope the new team would (at the very least) decline to prosecute.

    And an ironic legal pun:

    In common law, a writ of qui tam is a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed. Its name is an abbreviation of the Latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur, meaning "[he] who sues in this matter for the king as [well as] for himself."

    In a just world, Tam would be rewarded rather than punished. Perhaps someday we will live in one.

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