(Photo of Sens. Pat Leahy and Russ Feingold via Salon.)
Yesterday, the Senate Judiciary Committee did its job. No, not the parlimentary propping up of the Administration tap dance to which we have grown accustomed lo these many years…but some meaty, honest to goodness oversight.
Wherein the Attorney General of the United States, Alberto Gonzalez, was sworn in to give testimony under oath, and under threat of perjury for any false repsentations made to Congress — just like any other witness to the Judiciary Committee would have to be sworn. And then was asked a series of tough, detailed questions to give him an opportuity to explainthe rationale behind actions of the Bush Administration that have been awfully close, shallwe say, to the illegality line…if not crossing it outright.
It's tough to know for certain, considering how little fact-gathering and oversight has actually been done for the past six years, and all, but I'm hopeful that some day — and this always seems to happen that someone starts talking and then all the worms start spilling out of the bait can, doesn't it? — we'll get the entire story. Until then, there are a whole lot of rocks to uncover and a whole lot of festering, writhing, dark-corner-loving conduct to expose to the sunshine.
Yesterday, Sen. Pat Leahy launched a blistering series of questions and critiques regarding the US treatment of an innocent Canadian man who was whisked to a secret detention facility and subjected to torture for at least a year before they finally released him. Crooks and Liars has the video, and it is well worth the watching.
Leahy: "We knew damn well if he went to Canada he wouldn't be tortured. He'd be held and he'd be investigated. We also knew damn well if he went to Syria, he'd be tortured. And it's beneath the dignity of this country, a country that has always been a beacon of human rights, to send somebody to another country to be tortured."
Let me just say this morning, as clearly as I possibly can do so, that I adore Pat Leahy for this one statement alone. But the fact that he, as chairman of the Judiciary Committee, set up this hearing and demanded answers? THIS is why I worked my butt off in the last election cycle — because this is what our nation needs. Robust, honest, fact-based, philosophically examining debate about who we are as a nation — and how our actions, right or wrong, affect our status in the world around us and speak to what we are, or to whom we wish we were.
If you haven't been following the Arar case, The Reaction blog has. See here, here and here for more information. And our own Selise did a fantastic job of live-blogging yesterday's entire hearing in the comments here. Glenn, as always, does a fantastic job piecing together the ins and outs of the hearing and manages to catch quite a bit of it in live blog yesterday as well (for which I am eternally grateful, having missed most of the hearing on the phone trying to get Jane updates yesterday).
But it isn't just the Senate Judiciary Committee. It's committees all over the Hill, stepping up to the plate to do their jobs. Consider one such committee, the House Oversight and Government Reform Committee headed by Henry Waxman of California, dubbed by Karen Tumulty at Time as "the scariest man in Washington." Per Waxman:
The committee has yet to schedule any hearings, but Waxman told Federal Times in an interview last month that his No. 1 priority is to review waste, fraud and abuse of taxpayers’ money in order to stop those practices.
He said he wants to make sure agencies are doing their jobs in the best interest of the American people.
“Whether it’s the Environmental Protection Agency or the Food and Drug Administration, how are they doing? Are they accomplishing what we want them to accomplish? Are they looking out for the interests of the American people? Or are they serving special interests, which sometimes happens to be the situation,” Waxman said.
And the Senate passed an ethics overhaul yesterday that was pretty far-reaching in terms of shining a whole lot of sunshine on earmarks. (At least, it looks that way in the limited time I've had to read the bill…more later as I get time to nitpick through it.) Sen. Feingold explains why this was pushed through by the Democrats: “Today’s Senate passage of groundbreaking ethics and lobbying reforms was a resounding victory. In November, the American people demanded real change, and the Senate has responded with a strong bill that will bring an end to the status quo. I will continue this fight until these changes become law.”
Ahhh…so they DO remember that they work for us, and not the other way around. Oh yeah, it's January. And the grown-ups are back in charge.
Related posts:
- HJC Schedules “Get Democrats to Cave on PATRIOT” Hearing
- Sotomayor: One Confirmation Down; Many More to Go
- Sotomayor Hearings: Liveblogging Day One
- PATRIOT Renewal Hearing, Day One Wrap Up: Who Protects Us from the Protectors?
- If Obama Cut a Deal with PhRMA, Why isn’t Billy Tauzin at Town Hall Meetings?





Spotlight








Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About Firedoglake
Advanced search

christy!
JANE!
global warming too
Give us the latest on Jane, please, Christy.
Grown-ups!
was gone most of the day yesterday – news on Jane?
Blessings on Jane – and prayers, can’t get enough of them prayers
The Leahy dressing down of Abu Gonzales for the Maher Arar incident was the leadoff news story on the CBC last night. Lots of sound clips of righteous rage. Very nice.
Canadians are appreciating the moderating influence of the grownups.
..just wanted to point out that the only two senators to vote AGAINST the Senate ethics bill were rethugs Coburn (R-OK) and Hatch (R-LDS)
I want congress to re appoint the judges that were removed, and I want any judge the president wants removed to go through a hearing before he accomplishes his goal which is clearly intended to stop prosecuting the criminals that he happens to like
then I want the patriot act rescinded, and rewritten according to our law and signed on by politicians AFTER they read it not before they read it
Prof at 4 — Well, I would if I had some. But since she’s on West Coast time, and her visitation doesn’t start fo another hour, I don’t have anything new to tell you guys until I hear from Digby or John Amato or someone else who will be in to see her today. Soon as I get anything, you know I’ll share it with everyone.
Alison @ 7
I’m sure it didn’t feel like it to Gonzales, but the Leahy dressing-down felt like a blast of fresh air to me.
“Sen. Feingold explains why this was pushed through by the Democrats: “Today’s Senate passage of groundbreaking ethics and lobbying reforms was a resounding victory. In November, the American people demanded real change, and the Senate has responded with a strong bill that will bring an end to the status quo. I will continue this fight until these changes become law.”
If/when it reaches the pResident’s desk, can we expect a veto?
I’m Peterr, and I approve this message too.
as for global warming, Surge in carbon levels raises fears of runaway warming
(The story is being updated, and the numbers are less than the Guardian first published, but the corrected numbers that I have included above are also quite worrisome.)
Long live Russ Feingold
Christy certainly speaks for me.
thanks.
Christy Hardin Smith @ 10
They have visiting hours? Ah, for the joys of small-city hospitals where you can visit your friends any time.
Oh, I forgot. She is still in ICU, right?
By the way, I may be off on this, but the reason for an 8-hour surgery for breast cancer is not for the cancer itself normally. Rather, Jane talked of reconstructive surgery, which does, indeed, take longer.
Just sayin’, so people aren’t freaked out by the length of the surgery.
Harry Reid, Nancy Pelosi news conference on cspan2
Prof at 17 — Indeed. She had a wonderful surgical team, which took very, very good care of our Jane. I cannot say enough how grateful I am to them. But it will likely be a wait for the pathology on everything — most likely Monday at the earliest, if then. I say we all take a deep breath, and just be very grateful that the surgery portion of things went so well.
Our Jane is a fighter, and that’s more than half the battle right there.
CNN – Sec. of Def. Gates is back in (southern) Iraq
Prof, thanks for reminding us of the reconstruction part making the surgery so lengthy. Another reason for the length is that they send tissue samples off for preliminary testing to see what exactly they are looking at and they keep the patient under while those tests are being done in case they need to do further tissue removal.
Our news last night had a clip of Leahy with hand raised, demonstrating to Abu (hand raised), teh “how to” of “under oath.”
Even though I have heard Abu in the past saying , “it’s all under oath.” As if the swearing in part is optional, maybe like misrepresenting the potential juror’s prior statements, ala Wells.
Reading the first post this AM, I was thinking that all of the behaviors of this admin are like a bratty child who has never been given any boundaries. Incredible. They all act just like Bush. Not the least, Mr. Truth-to-Tell, on the
electionspolls.January came with a bluster all right.
Wooh! Selise! Leahy!
Boy, that Leahy really mopped the floor with Abu Gonzales, as any sane person *should* do with a Bush apparatchnik.
And of course Jane!
I wish I could agree that the U.S. has “always been a beacon of human rights,” but I think I can overlook that bit of hyperbole in the face of some good old-fashioned Capitol Hill grilling.
perris @
9
Hi Perris,
Don’t think any judges have been forced out, the problem is US Attorneys, as here.
The catch here is that Abu G is now able to appointappointing to ‘fill vacancies’, which is for indefinite terms rather than std 4 years (eg, coincides with Presidential term), and congressional confirmation is not required, as it is for regular presidential appts.
Result: the next admin even if Dem (watch those voting machines, dammit!) will be stuck with permanently appointed BushCo hitmen with subpoena power. They must have prizes for thinking these things up.
The head of the RCMP (”The Mounties”) resigned because he lied to an inquiry about the Mahar Arar fiasco.
Imagine that, a high ranking official taking personal responsibility for their improper actions.
EvilDrPuma @ 25
Well you know the stated goal of some of us idealists.
HotFlash @ 26
ya, that’s what I was talking about, thanx for pointing out I meant attorneys, and especially thanx for pointing out the gravity of what is being done
mui @ 28
And I endorse it fully. As a matter of history, though, the sad truth is that the American government has never been that committed to equal human rights for all.
Redd,
That’s great news on the Senate’s ethics bill. I didn’t get the news yesterday — last I’d heard, McConnell had successfully planted a poison-pill amendment in the bill.
The amendment granted the Shrub a line-item veto on certain spending. New York v. Clinton made it pretty clear that SCOTUS is going to require a constitutional amendment to allow that.
And best wishes to Jane for a speedy recovery. It’s never easy, and going through it a third time? My hat’s off to her!
BC
Pretty decent editorial in NYT on Stimson’s goose-steppingness: “Apology Not Accepted”, linking the whole fiasco directly to shrub.
http://www.nytimes.com/2007/01…..9fri2.html
The Times editorial page is just blazing of late.. guess they’re still ticked off about that censorship thing a few weeks ago.
http://www.rawstory.com/news/2….._0119.html
Link to the full Washington Post story:
http://www.washingtonpost.com/…..01511.html
Christy Hardin Smith @
10
thank you christy, i’m hanging around the computer this morning waiting for an update. very glad that there are plenty of friends to visit jane today. no matter how good the doctors are, it is helpful to have an advocate around to make sure she is getting enough pain meds and support (at least that has been my experience).
And in any event, we are now a beacon of its abuse.
I have always supported the Salvation Army. But this is outrageous.
The Salvation Army, the second-largest charity in America, is quietly evicting nearly 200 women, many of them elderly and low-income, from a pair of 18-story Manhattan buildings.
http://www.nydailynews.com/fro…..2756c.html
EvilDrPuma @ 30
That’s why we gotta keep plugging. look what the civil rights era folks had to go through. We should do justice to their memory.
– and yet, while we’re cheering for Leahy, Pelosi appears to be back to her old game: “Exclusive: Pelosi Won’t Block Funding to Stop Iraq Troop Surge, Even Though Situation Is a ‘Tragedy’” from ABC News just now.
Wonder what fired NSA employee/willing whistleblower Russell Tice is up to these days?
He was basically shunned by the rubber stampers in the wiretap hearings last spring.
Oklahoma kiddo @ 36
They are also unashamedly homophobic.
Re Jane – I was wondering and hoping that reconstruction was one reason why the surgery was so long. (Yesterday certainly was tense and brought back some bad memories – of my mother having 14 hour laser surgery at Yale New Haven to remove a spinal cord tumor when I was pregnant with my second child and couldn’t be there – the waiting was horrible. And waiting at Children’s Hospital in D.C. while my one year old was having major surgery to correct a stomach valve problem.)
Thank goodness for the many excellent and dedicated surgeons we have in our country (even if many of them could improve their bedside manner)
thingwarbler @ 38
she better
that is not acceptable
From the WaPo story on the Senate’s ethics bill:
This question has been around forever: qui custodiet ipsos custodes? In the vernacular, who watches the watchers? Our Senators and Congresscritters have proven time and again that the answer for Congress is not “an ethics committee composed of sitting members.”
Is it Constitutional Amendment time?
BC
I’m taking a wait-and-see-attitude about what exactly that means, though. Pelosi and Reid both have long employed a tactical approach where they understate their bite right before a political offensive.. They tend to talk bipartisanship and compromise right before they chop your head off. It’s when they promise to chop your head off that they end up just rolling over.
thingwarbler @ 38
dab from CT @ 41
*especially* at Yale New Haven.
EPU’d
rumi @ 152
christine @ 150
Rayne @ 66
christine (63) — oh, certainly that’s a real option.
I think this is the kind of question we should put to a wider blogging audience with technical background, like that on Slashdot. Maybe pose the question: If you were going to park a massive monitoring system offshore, where would you put it? And do you know of any outfit that’s made massive storage and processing buys recently (besides Google)?
————-
Sorry to take so long to reply – work…
Yes, I agree that another forum may be a better place to ask this. But, as a mainframe programmer myself, I know that it wouldn’t take a whole lot to do it. Especially with satellite technology. Servers are getting more powerful by the day, as are mainframes. In case you don’t know, many of the on-line gaming sites have to use mainframes to manage the traffic (volume). Then there’s the servers that are used, and are backups, for places like ebay and netflex. So trying to figure out by finding an outfit that’s bought volume hardware will be extremely tricky, because it’s so common.
—————
Wouldn’t it be easier to just access each entity’s database(archives) when needed and save that accumulated information as a profile for future use?
—————
Actually, it would be a whole lot easier to just do a data xfer on T3 lines. When the credit card info collection bs started up with the Homeland Security Act, most of us programmer types were saying that the CR companies were supposed to scrub their data of ‘identifing info’ most likely wouldn’t happen because it would be ‘too much of an expense’ for the CR companies. The CR companies are most likely doing one of two things: when they create their vault files, they’re just making an extra copy and sending them off to the Pentagon, or second, they gave remote access to their mainframes to the pentagon. The remote access is the scariest option from my point of view.
But, setting up one of these types of operations wouldn’t be conspicious to the outside world. It’d look like a dotcom startup enterprise. Mainframes don’t take up a whole lot of room any more. The mainframe that sent us to the moon fits on an Ipod Nano, or smaller unit now. Serious mainframes talk in terrabytes, not gigabytes and a one terrabyte hard drive is not much bigger than a current laptop machine.
This thread reminds me of poputonian’s post over at Digby’s place earlier this week. Give it a read if you have the time, it is very moving.
Bush is a picture of defeat
The mountain labored and gave birth to a mouse.
The president’s apocalyptic descriptions of Iraq after ”we” leave are transcriptions of neo-conservative memos. The neo-cons are high-level thinkers and brilliant memo writers. They provided the ideas that the president and his aides (none of them high-level thinkers) needed to justify the war. Although many of them are distinguished graduates of the University of Chicago and similar institutions, they seemed to know very little history. None of them anticipated what a cursory reading of Winston Churchill’s book on Iraq would have predicted: the present civil war.
The most pathetic part of the president’s talk was the peroration, a listless reprise of all the neo-con cliches from the last six years: war on terror, enemies who want to destroy our way of life because they fear our freedom, global cultural confrontation, the crucial battle of our time. For motivation to support his “new strategy,” the president had to fall back on the conventional wisdom of talk radio hosts, conservative editorial writers, and the gurus of the Fox network.
http://www.suntimes.com/news/g…..19.article
Blub – I’m with you… Pelosi is very strong on tactics – I’m waiting to see what she does, not what she says… she’s very agile and very shrewd in the way she works.
One of the many jaw dropping moments in yesterday’s hearing was this.
Gonzales:”…the Constitution doesn’t say that every individual in the United States or every citizen is guaranteed the right of habeas corpus. It simply doesn’t say that. It simply says the right of habeas corpus will not be suspended.”
Article I, Section 9: The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
Can you believe this man is the Attorney General of the United States?
Yawnnn… good morning.
Christy,
Did you catch that email I sent you last night?
-Monk
I caught a bit of the Judiciary Committee hearing on tape on C-Span, which included the questioning by new Democratic Senator, and former United States Attorney, Sheldon Whitehouse of Rhode Island. The first thing Senator Whitehouse did was to emphasize to Gonzales the chilling effect the administration’s recent unexplained removals of United States Attorneys will have on the remaining USAs and especially on those among them who are prosecuting the technically and otherwise difficult public corruption cases that Carol Lam and others were pursuing (and which Whitehouse had a lot of experience with as well). Very well done for a new senator.
Whitehouse didn’t stop there, though. He proceeded to ask the master of the tactic how a senator should go about getting a straight answer to their direct question, from Executive Branch witnesses who prefer to “bob and weave” instead of answering what was asked (since no judge is present to force them to, as in court)… Gonzales did his best bob and weave to assure Whitehouse that cooperation is his middle name, and that answers in hearings are but one part of that cooperation, etc.
I was impressed – my first sighting of Whitehouse, and he struck me as favorably as Jim Webb did on the Foreign Relations Committee. Whitehouse, like Webb for Foreign Relations and Armed Services, will be a very valuable, competent, and informed member of the Judiciary Committee, and far more of a contributor than his rookie position as a senator would indicate (light years ahead, for example, of Kohl of WI, in my opinion).
OT – CNN – house voted unanimously to overhaul House Page Program. both parties will have equal say in matters concerning the program
Monk at 51 — Not yet, but then I’m wading through a mountain of e-mail this morning. I’m sure I’ll find it at some point…
Stephen Parrish, CPA @ 33
Cheney knows about the BS in Washington firsthand, yes? Seeing that he spreads it nearly as freely as Abu Gonzales and Tony Snowjob? [snark, but I couldn’t resist]
Someone needs to pin him down on the difference between an election and a poll: Darth seems to think they’re interchangeable.
Any word on when the intelligence report is going to come out? I’d like it soon, but I’m willing to wait until after Libby is convicted, just so they can’t say it had an impact on the trial.
old gold @ 50
In modo snarko:
But the word “right” isn’t there, Old Gold. Habeas corpus isn’t a right, it’s a privilege. The words are right there in the text.
If it was a right, it would have been in the Bill O’Rights? Right?
In modo sane-o:
Obviously, Abu’s understanding of history is shallow. Habeas corpus was considered so important by the Convention that it was included in the text of the original document. How did that clown get into law school?
BC
Prof @ 3
Exxon’s solution to global warming: spin and do nothing (http://business.guardian.co.uk/story/0,,1985327,00.html)…
In an article in the NYT entitled “U.S. General Expects Troop Increase to End by Summer”
http://www.nytimes.com/2007/01…..r=homepage
Idiot or liar? You choose. Somehow the headline misses that little caveat I put in bold. Casey by the way will be the new Army Chief of Staff, a case of promoting somebody upward because you don’t know what else to do with them. It is also so Bush Administration.
OT:
Ney got 30 months.
old gold @ 50
One can only, then, interpret Abu’s comments as saying that we are facing a rebellion or an invasion at the present time… the invasion of pinko libruls and their blogs, perhaps.
old gold @ 50
More General than Attorney, IMHO. As Jonathan Turley said on KO on Wednesday,
Bringing back the grownups was such a nice idea. We really ought to have more of them in DC, don’t you think?
HotFlash @
26
the prize most probably goes to david addington. this action has his creepy fingerprints all over it ……
catching up….
[gotta see scarecrow’s prev…]
Jane is in my thoughts.
Here’s how he opens his chat today [couple min left there; gotta get cspan steaming for NPC.]
http://www.washingtonpost.com/…..01288.html
and MA-02 Neal (D):
local:
http://www.masslive.com/chicop…..amp;coll=1
BBC:
http://news.bbc.co.uk/2/hi/americas/6277275.stm
Natives are restless. YAY!
edit: streamed Judiciary late last night. It was gorgeous. Hope Leahy is talking w/Conyers is all I can say. oh. Maybe I can say the ‘I’ word…Impeach.
That’s better.
perris, thingwarbler — we’re over a barrel right now, because Bush called up those troops for the surge BEFORE the 110th Congress began its work.
Somewhere between SecDef Rumsfeld’s departure/SecDef Gates’ approval, and the alleged signing of a secret executive order for direct action against Syria and Iran, the plans for 20K-plus troops were hatched and set in motion. When Bush gave his speech, it was a done deal.
This is why Bush did not respond to the ISG’s recommendations; he’d already set the escalation in motion.
WITHOUT CONGRESSIONAL APPROVAL.
If Pelosi and/or Reid were to come out and say they were cutting funding to troops already in the field, whether deployed legally or not, it would be havoc for those troops. What needs to happen right now is to change the the deployment, and that can’t be done with a change to funding alone. We need to change the AUMF and ban action against any other nation in the Middle East without clear and present danger. The change needs to be written in such a way that the DoD can be held in contempt if they violate the change, no matter whether Dubya is the CinC. Heck, make violation of the change jointly and separately punishable, with upper most officers of DoD and the CinC liable for any violation.
Did Leahy ever get his “number” after lunch?
kristinejoy @ 59
OT:
Ney got 30 months.
That sounds about right. It’s a long time for someone who’s never done time.
Those first few holidays spent locked down, as opposed to being spent with family and friends, hurt – a lot.
Yes, apparently Gonzales reads the Constitution this way: The privilege of the Writ of Habeas Corpus [IF IT EXISTS] shall not be suspended, except when in cases of rebellion or invasion the public safety may require it.
Well, he is consistent. He not opposed to torturing prisoners or the language of the Constitution.
old gold @ 50
Gonzalez is here using “strict constructionism” as a crutch to distort an authorial intent that has never been questioned in 218 years, and he should be smacked silly for having the unmitigated gall to pull such a pointless stunt.
From a new diary at DailyKos by ‘Troutfishing’:
http://www.dailykos.com/storyo…..112219/912
Is it too much to ask for the Attorney General of the United States of America to familiarize himself with the governing documents of the nation?
Harvard Law School must be so proud. Any Harvard alums around here might want to make their pride known to the Harvard Alumni Office the next time they ask for a donation.
How far off can this be? *wink
http://freewayblogger.blogspot…..under.html
Also in the NYT is an article entitled “Perhaps Thinking of Legacy, Bush Has Rice on the Move”. OK, it’s a stupid title. Bush’s legacy is Iraq, period. The article conveys the following meme couched as insight.
Bush et al are going to do this anyway but let’s be clear. It was Bush who lost Iraq and it has already happened. You don’t blame the cleaning crew who comes in to clean up after a wild frat party. You blame the frat boys, in this case, the frat boy in chief. As I said above, Iraq is Bush’s legacy.
The article does end on an unintentionally comic note:
Condi has a reputation? Who knew?
SWEET!!
I wanna see Leahy and Feingold take turns kickin Abu in the nuts until his nose bleeds.
[CHS notes: In the metaphorical, rhetorical sense, I’m certain, since we don’t advocate any physical violence on this blog. Thanks.]
EvilDrPuma @ 69
Is he really, Dr. P? I thought the idea behind strict constructionalism was the words mean exactly what they meant in 1786?
Or was that a snark at Abu G?
BC
Found interesting stuff of US Atty’s here at wiki and here, their own website. Powerful office, US Atty. There are 93 of them, 7 or 8 is a lot. We are looking at 10% of them converted to BushCo PermaWarriors.
And if you’re missing your Fitz-fix for the day, here is a look at what his office is up to these days — busy guy, looks like his Fridays ‘off’ are booked.
Clearly government is broken.
We the people shouldn’t have to wait for the dems to get control of the congress for them to do the “people’s” business… This is crazy.
We life in a government completely corrupted by corporate interests and the pursuit of wealth (and power) by a select few…
We, the people, need to seriously decouple corporate interests from government whose purpose is to protect and benefit the people.
An opnion letter writer in the NYTimes had a great quote of Dwight Eisenhower… which I paraphrase very poorly as…
Every dollar spent on armaments and war is a taken from the labor of the people of this nation and does nothing for them.
We have been bled by corprate greed. A trillion for Iraqw they now predict… and what could have been accomplished with a trillion… and all the suffering this has caused. This is beyond criminal… Why are these fuckin bastards getting away with these atrocities?
Why?
Our system is completely broken and an illusion of equity, justice and democracy. That’s why.
Deep change
old gold @ 50
Of course it’s snark, but I would fully expect Gonzales to defend his statement as strict constructionalism. He’s using the most restrictively literal interpretation of the passage in question to say, gee, it doesn’t actually state in so many words that everybody has habeas rights. And that literalist reading is completely and utterly mendacious. No, the Constitution doesn’t set forth the premise that habeas is universal–that’s because habeas as a universally applied right was already such a bedrock principle of the legal tradition of the Constitution’s writers that it probably never occurred to any of them that it needed to be made explicit or that any supposedly trained attorney could challenge the assumption with a straight face. And that’s exactly the response Gonzales deserves for his ridiculous, mendacious, offensive assertion.
Some guy has a beta version diary kinda treatment an U.S atty firings and resigs.
http://www.maclife.com/forums/topic/92293
Ya don’t need to be a Mac user to read. But if ya are, that’s doubleplusgood.
For purposes of an ongoing discussion I’m having with some people who are defending Bush in this US Attorney deal, was the replacing of all 93 US-A’s by Reno/Clinton different than this situation? Better, worse, or no comparison?
In re Crooks & Liars video: Bush’s toady Gonzales is one smug thug, n’est-pas?
Look at his expression during Leahy’s dressing down. “Before you get any more upset, perhaps you should wait to receive the briefing…”
That kind of piss-ant arrogance sets my teeth on edge. It could only be cultivated under the protection of his patron, otherwise he would already have had his ass beaten and chased back to Laredo. The man is as corrupt as a south Texas sheriff.
Muzzy @ 79
Muzzy,
BIG diff. US Atty’s are appt’d by the pres for 4-yr terms and serve “at the President’s pleasure”. It would be normal for an incoming Pres to appt all new US atty’s. I mean, doesn’t a Pres appt his own cabinet?
These resigs are a crock to create an ‘interim appt” which can be filled by the AG under the Pat Act. The *HUGE* things here are these interim appts are *indefinite term* and *not subject to Cong approval*.
Muzzy at 80 — All of the replacements went through Senate advice and consent — through the Judiciary Committee and then onto the Senate floor for confirmation vote. The Bush actions, via the Patriot Act insertion, allows a provision for them to do this by fiat, in the dead of night, with no oversight — so that they can insert political cronies with agendas and take out prosecutors who may have found criminal conduct of this or that Republican elected representative or donor — to squelch the investigation with a now-appointed prosecutor who will have had no questions asked of him o her by anyone, including by Republicans in the Senate, some of whom are LIVID about this because THEY didn’t even know about it.
This is unilateral executive action, bypassing a Constitutional prerogative of accountability and oversight with Congressional check and balance on this. And yet another attempt at building the power of the Executive branch at the expense of the other two. They are skewing the Constitutional balance, and they know it. This is far from anything a true conservative or libertarian should support — look for Bruce Fein, Bob Barr, and other legal scholars of that conservative/libertarian bent to say so as well.
ahhh – great work by the new chairman and MY choice to run for the white house – russ feingold! its good to know the adults are back! hey christy and gang keep it up cuz jane’s watching.
P J Evans @
55
there has never been a more ruthless cynic to hold executive office in this country. his very existence is an offence to the idea of democracy.
Leahy just banged the gavel.
Much appreciated, HotFlash and Christy.
As Jane would say “I’m going to use that” ;)
I was talking to a mouth breather the other day when I made my usual desparaging remarks about BushCo.
Of course he gets all offended and starts defending Chimpy.
(Sometimes, it’s just too easy)
He starts in with the usual fight them over there so we don’t have to fight them over here crap.
I looked at him and said,” You actually think camels can swim that far?”
LMAO
He didn’t know what to say.
Muzzy @
80
I’m finding that these covos with rethugs (and I have many of them) are starting to get frustrating. I mean, this president has a track record of success that’s about as long as blade of finely-mowed grass on his country club golf course, and still they insist on giving him the benefit-of-the-doubt on each and every new controversy, as if each new situation may be the first one he actually handles correctly or on which he has less-than-duplicitous motivations. How gullible are these (otherwise intelligent) people? These are not wingnuts or koolaid drinkers.. they’re people I grew up and went to the same schools and colleges with. Some of them are experienced political operatives and policy analysts. What IS their hang up?
In my final foray into the NYT online, there is an article entitled “Fed Chief Warns That Entitlement Growth Could Harm Economy”. In it, Fed Chairman Ben Bernanke warns in testimony before the Senate about problems in Social Security and Medicare. Well, that is laudable. These programs do have funding problems, but these have been known for years and will be discussed for years and even decades into the future. The question that is left unasked is why is Bernanke talking about all this now. The article describes as Bernanke staying about the “political fray” with regard to tax cuts and spending although he does admit that tax cuts “usually do not pay for themselves.” Note that this is not the headline: “Fed Chief Warns Tax Cuts Do Not Pay For Themselves”. What gets me about all this is that talking about entitlement programs but staying above the fray with regard to Bush’s tax cuts and wasteful spending habits is a political choice. Hello, NYT, that big thing over there is a broadside of a barn, in case you were wondering.
http://www.nytimes.com/2007/01…..19fed.html
The link btw to the Rice article I mentioned above is:
http://www.nytimes.com/2007/01…..9rice.html
Bustednuckles @ 88
Somehow I am reminded of an old Johnny Carson joke.
Christy Hardin Smith @ 83
I want to underscore the important distinction that Christy is making here by using the term unilateral Executive. These are not the actions made by a unitary executive. These are clearly actions which devalue and ignore the Constitutional balance of powers so important to our functioning democracy. Seeds of coming Constitutional crises.
Peterr @ 71
Patrick Fitzgerald is a Harvard Law guy too…
Hi Christy,
A huge thanks for keeping both Jane and us ‘company’ yesterday, hugs to you. And I’ll say this so you don’t have to:
I take it Gonzales must have briefed General Hayden on the intracacies of the constitution.
-GSD
Christy Hardin Smith @
83
Two words: David. Addington.
Just a bit on Arar.
The questions to Gonzales on that situation threaten to shake Ashcroft’s cozy lobbying world too.
The US didn’t just ship Arar to Syria, we disappeared him to Syria. Ashcroft’s Dep. AG, Thompson, specifically signed off on the paperwork. Arar had brief access to an atty here, but the atty was not given information as to what was happening with her client and Arar then just disappeared.
Arar was taken to Jordan and then on to Syria. Go buy Ghost Plane and read a little snippet of his story – the small, gravelike cells in the special section of the SYrian prison, where more than a half dozen others being held claimed they were being held and tortured for the Americans.
As his wife and children were stunned at the disappearance, Canadian diplomats became involved and finally located Arar and negotiated his release. A huge Canadian investigation was commenced. Powell, who was still around, first claimed Canada knew what was going on, then admitted that he had been given incorrect information and Canda did not know what was going on. Instead, Canada’s input was that they passed on some information that was basically along the lines of: Arar had coffee with a guy who knows a guy who might be related to a guy who might be involved with a radical mosque. The “so go pick him up and send him to be tortured in Syria” was our idea.
Arar filed a lawsuit here against Ashcroft and Thompson, among others, citing violatios of anti-torture laws, among other things. Those make it a crime to conspire to torture and facilitate torture. Then Dep AG Comey had Gov intervene in the suit to assert that if we kidnapped and conspired to torture, it’s a secret. This became the model of many of the other “it’s a secret” filings in other cases. The Dist court went along for the ride and there is an appeal.
The US refused to participate in and answer questions for the Canadian investigation, but the report from that investigation is scathing, not only for the Americans but in particular for the Canadians involved with passing on information on Canadian citizens so informally and openly to the US.
In essence, the report found that the US has devolved into a state sponsor of torture and so Canadian intelligence is going to have to be much more careful on what it shares and how. That makes us safer, doesn’t it?
Leahy’s grilling wasn’t just a shot for Gonzales. It was a shot at the whole DOJ system of torture/commit crimes/use DOJ offices for coverup by refusing to prosecute the crimes and intervening to assert State
CoverupSecrets if any cases slip through on civil grounds. It was a shot at Yoo, Philbin, Ashcroft, Thompson, Goldsmith, Comey, Bybee, Gonzales, McNulty – the power structure within the DOJ that has converted it to an instrumentality of conspiracy and coverup for state sponsored torture.In the end, maybe not much will come of it. But if nothing else, there will be a record that someone had the courage to call it for what it is.
Our own DOJ has done at least as much as Scooter Libby to engage in solicitation, conspiracy and cover up of crimes. At least Leahy is letting them know that it is not going unnoticed, for all the media silence.
OT – An excellent, very readable, summary of “L’affaire Libby” by Robert Parry at consortiumnews.com. I think this would qualify for one of emptywheel’s “Excellent” coverage ratings.
Give Gonzales a break, it is difficult to read the Whitehouse copy of the constitution with Bush’s feces smeared over the good parts.
-GSD
EvilDrPuma @ 78
old gold @ 50
Constitution: “The Government shall not suspend oxygen in the atmosphere and the ability of persons in the United States to inhale fresh air except during times of overwhelming Islamofacism or Christianist rapture.”
Gonzales: “Citizens have no constitutionally protected right to breathing. They may do so only at the discretion of the government. If the framers wanted to recognize something as novel as “breathing rights,” they would have asserted — in the plain language of the Constitution: “The Government shall not choke the air out of its citizenry on a whim.” Since there is no such clause in the Constitution, there is obviously no need to recognize such a radical departure from the guiding principal holding that only a unitary executive holds the right to beneficently grant a breathing privilege. Furthermore, breathing privileges must only be bestowed on a grateful nation by the President, with discretion, during times of peaceful acquiescence to authority.”
slainte,
cl
EvilDrPuma @ 78
I guess that’s the way of BushCo. Defend the indefensible by whatever means seem expedient.
But that’s not even a literal interpretation of the words. It’s a negation of the words:
It lays out the only conditions where habeas corpus can be suspended: rebellion or invasion. I’m unaware of any rebellion here, nor any invasion.
Harvard Law really ought rescind this clown’s JD.
BC
BTW, the US Atty Gnl could, apparently appt to fill vacancies under prev legislation, but the subject of term must have come up because there was an opinion issued in 2000. The Acting Assistant Attorney General at the time concluded that the limit was 120 days. They sure fixed that!
Arlen Specter, you are worse than dispicable.
GSD @ 100
Hmm, isn’t that illegal? Just ask Marilyn Musgrave.
GSD @ 100
good point, I will have to give abu a little leway then
Bargain Countertenor @ 102
I guess that’s the way of BushCo. Defend the indefensible by whatever means seem expedient.
But that’s not even a literal interpretation of the words. It’s a negation of the words:
It lays out the only conditions where habeas corpus can be suspended: rebellion or invasion. I’m unaware of any rebellion here, nor any invasion.
Harvard Law really ought rescind this clown’s JD.
BC
A twofer! Gonzales is a disgrace to both his profession, and his country.
oregondave @ 92
Seeds? I think we’re way beyond seeds.
I suppose his argument there is that the constitutional prohibitions against cruel and unusual punishment doesn’t extend to torture if the stated aim of the torture, no matter how diabolical, is to obtain information and not to punish? Is that how strict constructionism works?
old gold @
68
Blub @
89
being intelligent doesn’t necessarily mean that a person can see past their biases. when core beliefs are challenged, many people cannot adjust to the opportunity for an epiphany. this includes a fair number of “intelligent” college graduates. my best friend from grammar school and high school fits in this category. somehow bush is given a free pass. he’s a republican. he’s “strong” on defense. case closed.
Jane update above, gang. Just got off the phone with Digby.
Mary #97,
Do you think the prospect of a Democrat winning the White House in 2008 acts as a break for lower level US officials going along with this Administration’s activities. Bush may be in office now but he won’t be forever and there is at least some possibility of prosecutions under a future Democratic President. Statutes of limitations might also play into this.
GSD @ 95 *g* I think Ashcroft got the first shot at him, but yes.
I’m not sure who helped him (Hayden) with his testimony on the surge. It seems that we have to surge:
a) bc otherwise, al-Qaeda will have a base of operation from which to launch, unimpeded – bc the Kurds, Iranians and Shiites love them so much – attacks against the US; and
b) bc Iran is in Iraq now and he thinks that has deep and dark overtones – why, Iran may want to “punish” the US by drawin it into a quagmire in Iraq from which it cannot extricate itself —and so the US must, of course, go along with that and surge into Iraq for the long haul or else, well, uh, hmmm, gosh – in my new position as Head of the CIA I don’t have to be “reasonable” like I did back when I was just wiretapping without warrants in violation of felony penalty statutes at NSA.
Digby has an extended excerpt of Krugman out from behind the NYT firewall on this today, which ends:
mc @ 105
It lays out the only conditions where habeas corpus can be suspended: rebellion or invasion. I’m unaware of any rebellion here, nor any invasion.
Harvard Law really ought rescind this clown’s JD.
BC
A twofer! Gonzales is a disgrace to both his profession, and his country.
Doesn’t he belong to some Bar Association that could inquire into his competence? I am *so* proud of the Methodists stamping their feet about the Bush Prenidential Library at SMU. A sample:
Bustednuckles @ 88:
You’re on to something, here, Bustednuckles. What an excellent way of making the point that without an air force or a navy, “they” will either have to swim here, or get through airport or port security with some sort of major league bomb to “fight us over here” [and our presence in Iraq does nothing to stop that from happening here at any time, while we’re still in Iraq or after we withdraw].
That’s how we need to use specifics and reality to cut down these unthinking, generalized, sweeping assertions and myths. It also reinforces the imbalance in power that exists in Iraq (and yet has made no real progress toward peace) between our super high-tech Armed Forces and Iraqi citizens using only AK-47s and homemade bombs.
Wars of aggression are stopped, not “won” in any real sense. And we have the ability to stop one, or help to stop one, by withdrawing, without losing anything but our pride and our naked grab for another country’s natural resources. Time to make some peace, and thereby make some amends for the havoc this country has unleashed in and on Iraq.
question. with respect to the ethics reform passed today, does anybody know if the pension cancellation for criminal ex-members of congress retroactive to include Ney, Cunningham et al or does it only apply to future instances of rethug criminality?
Hugh @ 90
I noticed that too.
Gee, guys, you think that taking back your unwarranted tax cuts, like your so-called ‘death tax’ cuts, might possibly be good for someone? Not, of course, for your good buddies in the oil and money businesses (poor dears, can’t even afford a fast food meal without government aid!), but for the 290 million other people in this country, who are paying your (generous) salaries from the taxes on their (not-generous) paychecks? [/snark]
CL @101 – remember that, in the Padilla case, the Fourth Circuit went along with what Gonzales is saying and what he is saying is what Ashcroft and Comey argued when Padilla was shipped off to military detention for years with no charges.
Hugh – no clue. It would be nice to think so, but I doubt it. SOL does play in, but in essence you have a conspiracy to cover up with the State’s Secret and classifications – which should keep the SOL from running until the last acts in the conspiracy. But in essence, with the signin of the MCA, Congress just became a party to the conspiracy as well. I don’t think that leaves any windows open for jumpers.
Congress, with the MCA, went far far beyond what even the craziest Office of Legal COunsel memos did. It’s an incredible shame and goes way beyond habeas.
Blub @
116
no – Pelosi explained that this morning – she doesn’t have the authority to render it retroactive.
I got a DNC mailer yesterday to renew my “membership” in the Democratic party. I even got a cheesy “card” to prove my membership. I laughed and said “Anything for you, Howie” and send him a check.
We love you Howwaarrrd
Oh yes we dooooo
We don’t love anyonnnnne
As much as youuuuu
When you’re not neear us
We’re Bluuuuuuuue
Oh Howwwward
We love youuuuuuu.
Shucks. I guess we’ll just have to make Duncan Hunter the first pensionless Member of Congress, then :P
OldCoastie @
119
Speaker Pelosi is going to follow Representative Murtha’s counsel on the Iraq war. And I believe he has said all funding will be scrutinized. He will do nothing to put our troops in harm’s way. I think we’re in good hands there.
Just amazing to turn on the television and see our elected officials cleaning house. Shock and awe!
Can someone give me a link to C-SPAN live?
I am googling but can’t get the right link.
Thanks.
Margot @ 123
http://www.c-span.org/watch/in…..mp;Code=CS
Mary @
118
Mary,
No question the 4th Cir. is well known for torturing the language of the Constitution.
Relative to the Military Commissions Act, that unconstitutional law did not merely “suspend” habeas, it ABOLISHED it.
Basically we have an unconstitutional law, passed by members of congress who were somewhere in the neighborhood of treasonous/criminal/functionally unfit to serve and an administration using the unconstitutional law to violate & shred the human rights of people the U.S. randomly abducts, kidnaps, tortures and holds illegally in various gulags we keep around the world.
cl
Its funny these folks won’t even talk to Syria about our problems in Iraq but will send prisoners there to be tortured. We can hardly stand two more years of this mess.
More grownups in town (via CNN.com):
Mondale rips Cheney for giving bad advice to Bush
ATHENS, Georgia (AP) — Vice President Dick Cheney has bullied federal agencies and given absurd advice about the nation’s risk and Iraq, Walter Mondale said Friday.
Mondale said behavior such as Cheney’s never would have been tolerated when Mondale was vice president.
“I think that Cheney has stepped way over the line,” Mondale said at the opening of a three-day conference about former President Jimmy Carter at the University of Georgia.
Mondale, who served under Carter, said Cheney and his assistants pressured federal agencies as they prepared information for President Bush.
“I think Cheney’s been at the center of cooking up farcical estimates of national risks, weapons of mass destruction and the 9/11 connection to Iraq,” he said.
That does not serve the president, because he needs facts, Mondale said.
[rest snipped]
Mary @ 118
Mary – Thanks for the detailed comments on what is probably the most important but ignored issue we face. I have found the same information and conclusions on my own but I’ve always been silent and waiting to see the results of the Libby trial.
The situation is more disturbing when Chertoff’s career is figured into this mess. I’ve given the benefit of the doubt and attributed most of it to ‘compartmentalization’ but that still is just the surface. I think there have been many dedicated professionals and a few that are manipulative and ethics impaired. The few have acted as gatekeepers for information of illicit activities the govt was aware of but fell under the black ops category.
I believe the convergence of all the interests couldn’t be avoided any longer and those who previously had been used were now finding more truth. It appears to still be in the process of sorting itself out. imho.
If my hunch is close, the majority of terra-suspects are more likely to be witnesses as dupes/informant/participants from decades old black ops
epu territory, but: a talk radio host this a.m. said there is a provision in the ethics bill (#120?) that requires bloggers to register as lobbyists if they have an audience over 500 and provide political info. was i dreaming?
rosalind at 129 — See Taylor’s post from yesterday. It’s a right-wing talking opint issue that, apparently, is inaccurate.
thx christy!!
As a Canadian let me just note that there has been an exhaustive judicial review of the Arar case which published a three volume report…..totally clearing Mr Arar of any wrong doing. If you watch CNN reporting on this you would think there was still some doubt about Arar. Read the report.
Blub @ 116
iirc, it is retrocative… of course a final read will be interesting.
Quill @
132
I appreciate that Mr. Arar is innocent, which further underscores how pathetically fearful and immoral the U.S. has become.
However, his innocence is irrelevant to the fact that 1. The U.S. government held him illegally; 2. The U.S. government abducted/kidnapped him; 3. The U.S. government (after assault, battery, kidnapping etc.) aided and abetted the Syrian government’s torture of Canadian citizen.
No level of guilt, innocence or suspicion ever justifies or mitigates kidnapping and torture.
cl
Caoimhin Laochdha @ 133
Agreed, but the kicker is that he’s *still* on the US no-fly list!
When they start putting subpoenaed government officials in the Undisclosed Locations, to avoid testimony, then we know we’re hitting nerves.
Here’s Krugman today, finally up in entirety at truthout.org.
HotFlash,
Lots of us (i.e. democratically subversive & law-abiding patriots) are on that list.
Arar is still on the list as a testament to the fact that DHS/DOJ/CIA/DIA/NSA are thoroughly incompetent and ineffective.
These “intelligence” agencies are dysfunctional backwaters of ignorance run by political appointees whose continuing failures are — among so many other reasons — the failed result of arrested development in powerlessly petty little boys and insecure whiny little girls.
They have peter-principled themselves into positions where they are the least qualified to serve, where they can do the most harm to those they are charged to protect; and they are in the very positions — failing miserably — where George Bush appreciates their contribution to his administration the absolute most.
slainte,
cl
Just a word of gratitude to Senator Leahy from a Canadian. Also worth mentioning, if it hasn’t already been, his comments on the Arar case got massive and positive attention here.
Robert Paehlke @
139
damn…I’d never want to have Sen Leahy pissed off at me to that degree.
I’m proud, grateful but somewhat surprised that the investigations have taken off as they have. I also appreciate the dedication he and others are showing to get our country back to the immoral but friendly place it was before.
Gonzales responses to Sen.Leahy reminded me of the old addage , “Beware of small men”.
Alberto Gonzales is a legal weasel.
The pro-bono lawyers representing Gitmo detainees are legal eagles, representing the highest American Eagle standards of our “rule of law” democracy.
Alberto Gonzales is a legal weasel. Just like John Yoo. Just like David Addington. Just like all the legal weasels in the Bush administration and the neo-con right.
So, what’s the main characteristic of a legal weasel?
Evasiveness. Non-specificity. Hiding their pathological lying and corruption behind “weasel” words, like Gonzales displayed at his hearing.
Several other examples of legal weasels at work:
1) Since the U.S. Constitution doesn’t “specify” specific groups or individuals who can’t have their right to habeas corpus suspended, then the Bush administration and it’s corrupt cadre of legal weasels will decide who does or does not deserve habeas corpus.
2) Since the “rule of law” Geneva Conventions don’t “specifically” mention or outlaw torture techniques like waterboarding, then the Republican legal weasels have ruled that waterboarding is okay, since the Geneva Conventions don’t mention or outlaw it “specifically.”
3) Just how many laws passed by the Bush administration’s corrupt legal weasels and the infamous Republican Congress contain the words “for other purposes”? I know the Patriot Act leaves this “non-specific” door wide open, allowing the legal weasels wide latitutde in their corruption. And this phrase appears in the Republican law giving a corrupt Republican company $385 million to build detention centers around the U.S. for immigration reasons “and for other purposes.”
You see the pattern don’t you? The corrupt Republican legals weasels, like Gonzales, take any established law and look for any way they can to weasel around it, especially claiming that if something isn’t “specificially” mentioned or prohibited, then the corrupt Republicans can do whatever they damn well please.
On the other hand, when passing new law, they give themselves all the weasel room possible by including the phrase “and for other purposes,” meaning that the corrupt Bush administration can bypass Congress and the judiciary completely as they rule by edict “for other purposes,” meaning the corrupt Republicans can do whatever they damn well please…and to hell with our Constitution.
Hopefully, Democrats in Congress will no longer give any of the “culture of corruption” and outright evil Republicans anymore “weasel” room. Only a fascist (or a Communist, or an al Qaeda sympathizer) would try to “weasel” out of honoring and obeying our U.S. Constitution. Only an absolutely corrupt individual would try to subvert an American citizen’s right to “life, liberty and the pursuit of happiness.” Only a Republican legal weasel would try to overturn our “rule of law” democracy for partisan political and religious purposes.
Our democracy is still in very grave danger, especially while legal weasels like Alberto Gonzales are weaseling their way through our democratic government in Washington.