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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'm sure this is their strategy. But there's no guarantee these proceedings won't continue. Many of the prosecutors are career DOJ employees. One would certainly think that Holder would want to be involved in the decision as to whether to pursue this. And given how emphatic his condemnation has been of the NSA program in particular, there's good reason to believe he wouldn't want to. But that's not guaranteed at all -- whether they'd be willing to come in and quash an ongoing investigation of this type.
