re: Andrew Weissmann's intentional ignorance on checks and balances.

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So we are back to "who makes the determination?"

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Courts do. They always have. Immunity is a creation of courts.

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No way the DOJ should be making that determination.

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They're not going to, nor have they ever done so.

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It should be left up to congress.

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They aren't even involved in the immunity scheme, currently. They could be, for the federal level, by creating immunity defenses in the federal criminal code.