Jon Eisenberg is a very well-known California lawyer. Eisenberg literally wrote the book on California appellate practice.
In a new interview, Eisenberg says that Bush is a felon, and reveals the games played by the Department of Justice:
[Interviewer] You have written “effectively … President George W. Bush is a felon.” Why, and do you ever think he’ll be brought to justice?
[Eisenberg] President Bush has freely admitted that his administration committed warrantless electronic surveillance, violating the Foreign Intelligence Surveillance Act of 1978. That’s a felony, according to title 50, section 1809 of the United States Code. So President Bush is a felon. It’s that simple.
Will he ever be brought to justice? Evidently not by a criminal prosecution, in which the Obama administration seems to have little interest…
[Interviewer] During [a lawsuit against the Bush administration concerning illegal spying,] you wrote a response to a government brief that you were not allowed to see. How does one go about doing that?
[Eisenberg] It was quite a challenge. It wasn’t just that we had to speculate as to what might be in the secret DOJ brief; the conditions under which we wrote our secret response were onerous, approaching the bizarre: We were required to write the brief under guard in the U.S. Attorney’s office in San Francisco; we were forbidden from preparing any notes for the brief-writing session; the DOJ retained sole possession of the brief we produced; and the DOJ has refused to allow us to review the brief since we wrote it. Litigation doesn’t get any weirder than that.
There is no justifiable reason why the Department of Justice would refuse to allow the opposing counsel to see DOJ’s brief, force the attorney to write his response brief under armed guard and without being able to use any notes, and then bury that brief without even letting the attorney who wrote it have a copy.