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There's now a diary at the top of the recommended list on Daily Kos saying that the DOJ lawyers are only doing their jobs (and @ sig): http://www.dailykos.com/story/2009/4/8/717799/-DOJ-and-the-FISA-Lawsuit:-The-Lawyers-are-Doing-Their-Job
I remember posting, not long ago, an example where the DOJ did not pursue a defense when it was it the government's interest. No excuses.