Oh, I see. Sorry.
I thought we were interested in Ms O'Conner's opinion on:
1. ...waived, and almost immediately he left the country (One comma)
2. ...waived and, almost immediately, he left the country (Two commas)
3. ...waived, and, almost immediately, he left the country (Three commas)
At least I would have been. (That's probably why I missed your quoted sentences)
The three sentences you gave her all have an optional comma before 'and', which she seems to agree are optional, and, in the absence of ambiguity, a matter of style.
Is that how you see it?