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• Monday, January 12, 2009 06:58 AM

  It ain't over

  Having said I'm not comfortable, as nobody could be who has been hoping for so much from Obama, it's still worth noting that there have been some glimmers and we really may be hopeful for better things after he is inaugurated.

  I couldn't be happier than to have Dawn Johnson appointed head of the OLC, for all the right reasons. If this appointment is indicative or even suggestive core principles that Obama believes, then all may not be lost.

  For example, I would rather have Obama "operationally" in charge of a FISA law amended as it was going to be amended than have McCain and his appointees in that position, and it is on that basis that I disagreed with, but did not feel utterly betrayed by, Obama's vote on those amendments. Maybe Obama doesn't see a Stephanopolos interview as the right forum for debate over the NIE, that's possible too.

  I'd feel better having Obama definitively weigh in on the shameless suggestion that we acquiesce in torture and not prosecute anyone because "they meant well", but I'm willing to allow as to how coming out for vindication of the Rule of Law might cause more "complications" in the pre-inaugural timeframe than if he waits another week....

  Rose-colored glasses? Preferable to declaring defeat before the starter's pistol goes off.

  —What Constitution? Read What Constitution?'s other letters
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