Jack Balkin notes a report in the NYT saying : 'NSA Stymies Justice Dept. Spying Probe'
The Department of Justice's (DOJ) Office of Professional Responsibility (OPR) have closed their investigation into the Bush administration authorised NSA domestic spying programme because the NSA would not provide the DOJ lawyers with the security clearance needed to get access to the appropriate information.
Balkan is scathing:
"Note the irony: While private phone company employees at AT&T and other corporations must have sufficient security clearances to know what is going on in the NSA program- because they are helping to run it-- the Justice Department's own ethics lawyers do not. It's a convenient way to forestall any investigation into wrongdoing."