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Did Holder Know About the "Significant Misconduct" When DOJ Claimed Sovereign Immunity?

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So when Eric Holder's DOJ made expansive claims arguing that no one could sue federal employees for being wrongly wiretapped under Bush's illegal program, did he know this revelation from Glenn Fine's investigation into the wiretapping program? When DOJ claimed sovreign immunity, were they thinking of the Americans targeted in what Glenn Fine's office considers "significant misconduct"?

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