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02.06.04 -- 7:14PM
By Josh Marshall

Well, the fix, as they say, is in.

Here's the executive order the president just signed authorizing his commission which he "established for the purpose of advising the President in the discharge of his constitutional authority under Article II of the Constitution to conduct foreign relations, protect national security, and command the Armed Forces of the United States, in order to ensure the most effective counter-proliferation capabilities of the United States and response to the September 11, 2001, terrorist attacks and the ongoing threat of terrorist activity."

The commission doesn't appear to have any subpoena power, only the right to "full and complete access to information relevant to its mission as described in section 2 of this order."

If I read this right -- and needless to say I'm no lawyer, notwithstanding that summer in grad school I wasted prepping for the LSAT -- what's 'relevant' is at the discretion of the department heads of the various executive branch agencies.

And if you read the "mission" as defined in the order it seems narrowly framed as looking at pre-war CIA analyses (actually the whole Intelligence Community) and how they stack up against what Kay's guys found on the ground after the war.

Anything the White House did with those CIA analyses, any fisticuffs between the Veep's office and the CIA, anything stovepiped through Doug Feith's operation at the Pentagon, anything that made its way from Chalabi's mumbo-jumbocrats to the the president's speechwriters -- that's all beyond their brief.

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