
Yesterday, a defiant George Bush insulted, mocked and dared Conressional Democrats to issue subpoenas to White House aides over the investigation into his firing of eight US Attorneys. In the process, he signalled that he was circling the White House wagons around Karl Rove, while making Attorney General Gonzales stand on the perimeter to fight off the enemy, some of whom look curiously like Republicans. Should Gonzales worry more about arrows coming from outside or inside the circle? From yesterday’s New York Times:
WASHINGTON, March 20 — President Bush and Senate Democrats clashed angrily this afternoon, as the president said he would not allow his key aides to testify under oath about the dismissal of United States attorneys, while the Democrats insisted they would settle for no less.
Mr. Bush reiterated his support for his embattled attorney general, Alberto R. Gonzales, and said Mr. Gonzales would testify before the appropriate legislative committees. But Mr. Bush said he would only allow close White House aides to be interviewed privately by the lawmakers rather than be placed under oath.
“We will not go along with a partisan fishing expedition aimed at honorable public servants,” Mr. Bush said, vowing to fight any attempt by Congress to subpoena his top political adviser, Karl Rove; the former White House counsel Harriet E. Miers and others.
“Initial response by Democrats, unfortunately, shows some appear more interested in scoring political points than in learning the facts,” Mr. Bush said. “It will be regrettable if they choose to head down the partisan road of issuing subpoenas and demanding show trials when I have agreed to make key White House officials and documents available.”
Those e-mails we’ve been following only partly reveal the roles of Rove, White House Counsel Harriet Miers, and others in the WH; they apparently do not reveal the conversations the WH officials had internally with each other or with the President about the reasons for the USA firings and who actually made or influenced the decisions about who would be fired. That’s what the Democrats want to know, because they’re convinced that the firing decisions were motivated by the desire to remove USAs who showed either excessive zeal in prosecuting Republicans (as in Lam nailing Cunningham and threatening Lewis) or insufficient zeal in going after Democrats.
The President’s offer is calculated to inflame the Democrats: Rove and his WH colleagues may be privately interviewed without recordings, but they will not respond to subpoenas nor testify in public or under oath. Jane explained how that works.
The Democrats will likely take the bait and move forward with subpoenas, because they can hardly back down after proclaiming that nothing short of testifying under oath would do. Do they know where they’re going next?
As I mused last week, we may be looking at the opening moves of the end game that determines whether we are headed towards impeachment and/or possible resignation or whether the President’s protectors can forestall that and “run out the clock,” not just with the US Attorney investigation, as Kyle Sampson suggested in one of his e-mails, but with the entire Bush presidency.
I’m still surprised that of all the lies, crimes and outrages in the Bush/Cheney regime, the USA matter could become the vehicle for the Bush vs Congressional confrontation. The firings may yet become the major scandal we all suspect it is, a key piece of the political subversion of the Justice Department, but getting the underlying facts to support obstruction of justice charges will take more digging and some luck. And the President’s end-game counsel, Fred Fielding, may well be betting Bush’s presidency on the hope that there’s not enough there there to take down a President. My guess is that he’d rather take his chances on this issue than the more obvious lawbreaking still being committed by, e.g., the FBI and NSA and the interrogators at Guantanamo.
There’s no reason why the Democrats should allow the White House to define the playing field or limit the issues they can explore via White House subpoenas. My hope, FWIW, is that the Democrats announce they intend to use the full extent of Congress’ investigative powers across the entire spectrum of Administration lawbreaking. Why not, for example, announce a broad investigation over the abuse of justice and disregard of the rule of law in the Bush/Gonzales Justice Department, and then fold the firing of the US Attorneys into that broader investigation. If the issue of subpoenas is headed to the Supreme Court, let the justices see the full pattern of lawnessness, including the DOJ’s manipulation of the courts in the detention and NSA cases, the FBI’s abuse of national security letters, Gonzales’ complicity in quashing any investigation into the DoJ’s role in NSA spying, the failure to pursue Rove’s role in the Plame outing and on and on . . . Show them the whole egregious pile and then suggest we need to know whether Rove is one of the ponies, part of a pattern of coverups, not just whether Karl Rove should testify in public about the firing of US attorneys. To get the public behind them, the Democrats need to reveal the full picture of DOJ’s lawlessness and show the USA matter was part of this broader pattern — just as though they were laying the groundwork for an impeachment resolution, whether for Gonzales or Bush.
As Atrios notes we’ve been here before. More from digby and Glenn Greenwald, and a NYT editorial.
UPDATE: (h/t Frank Probst) Josh’s rakers find an 18-day gap! Oh, Rosemary!
Related posts:
- Bush Officials Compromised Renzi Investigation for Political Gain
- Christie’s Cookie Crumbles: Fed Attorney/Paramour Timed Arrests, Stonewalled Investigation to Aid Campaign
- Poppy Bush Not Joining Other DCIs Opposing Investigation of W Bush’s Torture
- CBS, Other Journalists Ignore Health Care Protest’s Ties to Lobbyists, GOP Talkshops, Rightwing Money
- Gonzales and Bush Haven’t Spoken





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thank you scarecrow, i was hoping you would expand on the comments you made yesterday!
Bring it on, Chimpy!
Hang on commenters, I need to get coffee.
How about a little fire, Scarecrow?
Josh already has the scoop. Those 3000 pages of e-mails have an 18 day gap in them.
Good Morning, Firepups,
Heading off to work. There’s a big pot of coffee, and Marion in Savannah baked banana bread for all of us, near the end of the last thread. Many thanks to all the diligent readers in Left Blogosphere for finding more reasons why this is the worst administration ever.
Help yourselves to coffee.
Work for peace, every day.
Mornin’ scarecrow.
You’re in good form today.
I’m still wrestling with Mary’s observation that only the President has the authority to fire USA’s.
Why is there a question of Bush knowing? It would be worse if he didn’t know, then they were fired illegally imho. Perhaps they should be rehired on the spot.
this issue has two things going for it that other issues (fbi and nsa lawbreaking) do not:
first, “national security” can’t be used as an excuse to refuse to honor subpoenas.
second, since republicans were the target, this issue is likely to be a wedge that will separate some republicans from the bush/cheney adminstration.
i wish outrages were judged on merits other than these (like lawlessness, the constitution, values trashed…) but that doesn’t seem to be the case.
Great post, particularly about Pres defining playing field and Dems taking bait. I’d kept thinking about be careful what you pray for – you might get it.
I’d love to get the whole sordid mess before cameras, multiple hearings day after day, witnesses hauled up and down Congress’ steps, newspaper, nightly reports about graft, corruption, theft. Government contractor fraud. Bush “Ranger” fundraisers and government contracts and hookers at the Watergate. Saudis flying out unquestioned by the FBI 9/12. And on and on. Broader scope’s a good idea. Let overwhelming weight of their criminality crush ‘em.
Because we haven’t seen the ugliest, yet. Not be a freaking long shot. Endless Congressional hearings under klieg lights a la Ollie North would be great.
Morning scarecrow! I was reading the post, but I hiccupped over, “then the more obvious lawbreaking “. Should be, “than the more obvious…” Sorry to be such a stickler. Delete this is you want.
Can we figure out the new talking point of the day? I’m guessing “show trials” now that “overreaching” has run its course.
Then we can amuse ourselves by seeing how many media people and politicians use the phrase in a 24-hour period.
If we get good we can try to anticipate the new propaganda.
from atrios’ post, it looks like nixon refused to honor a bunch subpoenas issued over months. maybe we are about to see only the first ones that president bush will not honor?
very well-put, scarecrow!
i think we, as a nation, are arriving
at a turning point this week.
so, let us compare and contrast, shall we:
“. . .I’m not going to let anybody come down
at night like Nicodemus and whisper something
in my ear that no one else can hear. That is
not executive privilege; it is poppycock. . .”
– senator sam ervin, then the
chair of the senate select committee
investigating the watergate scandal
– vice president cheney, december 2005
[it is easy to recognize the rotting
fruit that fell from the above tree yesterday. . .]
i’ll have much more here, in a moment,
on all of this, related to yours, but. . .
at stake — being decided anew, for this
generation — is the continued vitality of
the idea that a transparent and accountable
presidency is part of the constitutional fabric
of our nation. that fabric was quite notoriously
tattered by president nixon during the watergate
break-in, and subsequent cover-up. the fabric
was only later mended by a bevy of legislative
reforms in the middle- to late-1970s.
mr. bush, somewhat disingenuously, it seems, has
asserted, without much logical foundation, that he
will be unable to obtain good advice if his people
may ultimately have to tell the truth about what
they said, after the fact. . . frankly, i don’t
get it — how is public veracity antithetical to
sound advice-giving and -receiving? [i assume, of
course, that mr. bush would not seek advice on the
pursuit of unlawful, but otherwise undetectable,
courses of action. perhaps that is my problem.]
“poppycock” does seem apt, no?
Good morning all. Lovely day here. I think it’s March Madness at the WH. We’re at the “sweet 16″ level in narrowing down the bill of particulars.
Can you find the missing egregious?
Bush is a monster.
Lindy @ 9
Well, you don’t get credit for that, cause I saw and fixed it already. Keep reading.
I was a high school student back on the Watergate days, and from what I remember Nixon was hanging on frustratingly well through the burglary and the bribery and the corruption, it was when he fired the Special Prosecutor and was seen as intentionally obstructing justice that all hell broke loose. By placing himself in that same position, where he can be seen to be blocking the path of justice, President Bush has taken his own first step into the firestorm.
Yep, I’m afraid the only way to fix what ails us is to hammer Rove et al repeatedly and quickly. That does a couple of things: it keeps the issues front and center, patterns start to emerge and it doesn’t give Karl time to catch his breath so he can mutate.
Karl gets a lot of time outs. And in those time outs, he plants the PR seeds that save his ass. He calls in favors, disappears the hard drives and sets up a fall guy. We have to keep the game clock going. Don’t give him time to strategize. Keep him on his toes and come at him from several directions. He’ll be frazzled before long.
Frank Probst @
4
18??
Now that’s a funny coincidence. Too bad Rosemary Woods is not around to comment.
Scarecrow @ 15
I did, and it was good reading! Thanks :)
precisely. that is what sam ervin rightly
thundered about whispering at night, in
mine, a little up the thread. . .
BTW, what did the swing voter ever see in Bush? Why were his deficiencies so easy (glaring, actually) for us to spot? How do we educate people to not fall for a guy like him again? We can write off the 30%. They’re hopeless. But that vast middle group is just as likely to fall for Giuliani as they did for Bush. And Giuliani is just as bad, if not worse. I hope someone starts coming up with some good ideas ‘cos it’s not going to be enough to be a Democrat.
Morning all.
The Missus and I were discussing this issue on the train this morning, to the amusement of nearby passengers.
It’s our gut feeling that unless a smoking gun emerges, one that points the way to some law that has clearly been broken, the president will be able to hold off Congress, at least legally. So far, I have not seen any evidence of actual violation of any statute. Please correct me if I have missed something, and I am certainly not as up to date on this issue as some of the other readers here.
What the Attorney General did was messy, immoral, unethical, and improper, but at least for now, it appears it did not cross over into illegal. Some guidelines regarding handling of US attorneys and their tenures may have been violated in spirit, but I still believe the president has the letter of the law on his side.
If Bush can stand behind that analysis, he can hold off Congress and the Supreme Court. At some point it becomes a political question, one in which the central issue is focused on the proceedings and operations of a single branch of government. The Court has been deferential to allowing each branch to conduct its own affairs up until the point at which they intrude on the powers or affairs of other branches. Since the attorney firings involve the White House and DOJ, it all comes under the Executive Branch.
This is not to say it won’t come at some cost to the president. Right now, he is having to defend himself against fellow Republicans who are joining the fray in asking for testimony from Rove and Gonzales. That cannot be done without some cost, either to the president personally, in the form of future initiatives (or vetoes), or to the party, which GOP members of Congress are loathe to inflict.
In the end, Gonzales is gone, but probably not for another three to six months, allowing enough time for the scandal to fade out, and permitting a graceful exit.
Yes, Scarecrow, I think they are trying to goad the Democratic leadership into a premature reaction. It would be worthwhile to take the time to get more of this story out in public, and to make the subpoenas bi-partisan. This stuff is indefensible. Iglesias is speaking publicly, and clearly. Griffin says in a piece by Jane Mayer in the New Yorker, in not so many words, that he would resign rather than face confirmation hearings.
That’s where I’d start. Amend the patriot act to remove this provision and have some retroactive confirmation hearings. Keep this in the news.
Wondering about the time and topic of Waxman hearings today.
egregious @
10
Good morning all, from L.A.
Overworked talking point on the local news here this a.m. seems to be “fishing expedition” with & w/out the “partisan” modifier…
Just read an op-ed by David Iglesias in the NY Times defending himself, headline bringing to mind that of Joe Wilson’s famous piece:
Why I Was Fired
“It is more important to get the information promptly than to have months or years of litigation,” Specter said.
NBC News.
Well, if they want to avoid the wait, IMPEACH! No lines, no waiting. Only takes an hour.
Good Morning Scarecrow and Firedogs,
did y’all see this ?
David Yglesias on NYT Op Ed page
What I didn’t find in Albuquerque
today’s a big day.
at 10:15 the house judiciary committee is having a hearing to decide if subpoenas will be issued to bush administration officials. i think this is the view live webcast link, but if that doesn’t work the committee hearing webpage has it’s own link (if you want to watch it).
the senate committee on the judiciary is scheduled to meet thursday to consider authorizing subpoenas.
and of course today is al gore day… with him testifying before the house committee on science and technology, energy and environment (9:30am on c-span3) and the senate committee on the environment and public works (2pm on c-span3).
Frank Probst @
4
Is that serious, or a Watergate joke?
MSNBC running a crawl on Imus saying that Joe Lieberman is announcing he won’t rule out switching to the Repub Party.
Old news?
I read somewhere once a quote that always stuck with me The price of freedom – Constant vigilance and a constant willingness to fight;
their is no other price!
Here’s some similar points I made in an email:
Frank Probst — 18 days? That deserves an update: Oh, Rosemary!
cbl @
27
Hey cbl, great minds think alike ;)
jayt @ 28
The gap is serious. Lieberman is going to be saying this for as long as they will run the crawl. But he’s not going anywhere except the margins.
Good post scarecrow.
It’s up to the Republicans to solve this impasse and quickly.
While this may not break right in the MSM, few members of Congress could run in 2008 standing with this administration.
For six years there was no Congressional oversight.
Instead, America got an unfinished mission in Afghanistan, a depleted military being used as an occupying force in a civil war, a deficit that will plague the next generation, no energy policy, numerous Congressional lobbying scandals, a failure to respond to Katrina, cover-up of a predatory Congressman, human rights violations, attacks on the Bill of Rights, a flawed environmental policy, wounded and forgotten heroes and an executive branch that will condone the outing of covert American agents for personal retribution, use the justice system to win elections, punish passive dissent, and re-write laws in the dark of night to cover-up greater scandals.
Bush is being told to tilt at windmills until a new AG can be installed. The White House does not want this confrontation.
The majority does not want this confrontation.
And the minority really doesn’t want this confrontation.
The minority will broker a deal with a new AG making nice on the Hill or this will become bi-partisan effort to run against the unitary executive.
jwc @
22
I’m sorry. What part of Obstruction of Justice don’t you understand? It is crystal clear that the Administration responded to Lam’s subpoena of Dusty Foggo. Therefore, firing her is an attempt to limit the damage of Republican practices of selling of our national security contracts to the higest briber.
does a class action lawsuit fit the bill here since Rove has infringed upon the rights of ALL Americans? This bastard has been a subversive since the Nixon days.
What IS with this edit thing?
The two USA’s in LA who were involved in investigating Jerry Lewis is also an interesting situation. Both resigned voluntarily and were hired by an LA law firm for $1-1.5 million first year compensation pkgs. The law firm also represents Lewis. Smells like bribery and obstruction of justice to me.
Maybe the trumpeted idea of Lieberman switching parties is supposed to be a shiny object.
We ain’t buying it.
cbl—Mornin’, do you have the Waxman schedule for today? Thanks for the help.
Bugboy—Not sure what your question is, you can use Edit within the first five minutes after your comment posts. Mine is working ok.
jayt @ 29
Joe wants attention. As long as he doesn’t get it, he’ll continue to threaten to bolt. I say let him go.
Folks, the toobz are not feeling well, this a.m. My “quote this comment” function is not working, so you’re all safe.
G’morning, all. Been up since before dawn. Guts in a spin. Bad enough BushCo interferes with daytime hours. Now night time, too.
Somewhere over these days, someone wrote about subpoena blow-off and the AG’s role in that. Is Bush hanging on to Gonzales to protect his butt when push comes to shove? Is that why he hasn’t resigned yet? Is AG-squared in a position to yet do BushCo some good?
Perhaps GWB is running a reverse-executive-privilege thing?
Maybe he doesn’t want it coming out that nobody bothered to talk to him about this at all.
It’s been flaky rather than not working entirely.
Arrows from the inside are flying at a break neck speed, George. Might I suggest you soon fire someone higher up in your administration. Oh. That’s right. You are feriously loyal to your toadies. Then, perhaps, you could do something more unthinkable; ask daddy for some advice or channel Nixon and do the opposite of what he advises.
When I try to edit, the edit window is blank. Dunno what the problem is.
hah – Kris Jansing (MSNBC) leads w/ Anna Nicole Smith over the coming constitutional crisis. heh.
What you are suggesting is so right.
The whack-a-mole White House knows the value of keeping the focus narrow. It allows them to concentrate their resources on defending (usually by obscuring) a few miscreants who have been caught in a few cookie jars. Even when some justice is done–e.g., one or two bad boys slink off into well-compensated retirement–it is drained of its significance and has negligible impact on the conduct of the jolly pirates who remain in control of the marauding ship of state.
Widening the inquiry brings context and meaning into the process. To call the Cheney/Bush effect on the Justice Department and other branches of government politicization is a serious accusation, but it’s provable. What the secretive, paranoid Cheney/Bush administration has been up to goes beyond politicization to conspiracy and organized crime. Their behavior has signaled their malevolent intent from the day they set out to steal the 2000 election, and they have been acting guilty ever since.
The context provided by widening inquiry will illuminate what has been going on behind our backs and under our noses, and it will help us decide–as a severely wounded democracy–what we need to do to remedy the situation.
The context provided by widening inquiry will also help democrats to remain motivated when the going gets tough, because the lawlessness continues. Our future is being frittered away as our present is being dismantled. Our savings and investments are about to disappear in a puff of smoke, only to reappear miraculously in the pockets of this administration and its very select and perverted group of friends. And people–many of them members of our families, but most of them “noncombatants”–are dying.
That’s the context. Now go get ‘em.
so, does Conyers have the House Sergeant At Arms on speed dial yet?
Good morning, all. My two cents:
Leahy, Feinstein, and, yes, Schumer, need to get their sound bites right to capture the debate. As of now, some of the web news front pages are picking up on the “Bush says no to show trials” because that’s the catchiest bite out there. They need to study the nice little slogans that the Repubs used against Clinton in 1998. For example, we should be using, “What’s Bush got to hide?” and “Executive privilege is meant for national security not to protect Karl Rove.” Etc.
twolf -
Tks for the photo from last thread; left to take out the trash & pick up supplies from corner store. No solid confirmation of breed tho’ I still think too much hair for German shepard.
Balrog -
Gandalf = neither white nor gray *g*.
mornin’ egregious -
ooh lookee -
Senate Judiciary Comm.
Wednesday
3/21/07 10am
MISUSE OF PATRIOT ACT POWERS: THE INSPECTOR GENERAL’S FINDINGS
Hey Scarecrow–
Nice post. I lifted the last long paragraph and sent it to Leahy and Conyers, because it sums up really well how all this crap fits together, and provides a strategy that might work really well against these criminals in the WH. I sent the link to FDL to them both, also. I bet Conyers’ staffers already read FDL, and maybe Leahy’s too, but still.
I’ve been worried forever that W will declare martial law so he doesn’t have to leave office, so he can continue his war on terror bullshit. Do you think the generals would go after him in that case? Do you think we’d take to the streets? I’ve got a 21 year old and a soon-to-be 18 year old and I’m almost always worried under the surface about the country those bastards in the WH are trying to remake, for the sake of my young adult kids.
Scarecrow @ 32
Rosemary’s baby
Yo FireDogs — Just got back from a 2 week vaca in South America during which time I kept up as much as possible (via blogs like the blessedly informative FDL and the Gabbly.com/firedoglake.com realtime webchat) with the Libby trial, verdict and subsequent brouhahas about the USAttorney long-delayed-in-coming-to-public-notice scandal, upcoming subpoenas from Congress and the like.
Most of the good hotels we stayed at, even in South America, have free ‘net access. There were many times that I was chatting with other FDLers in the Gabbly chat window (To Gabble with other FDLers, set up a separate window from this one — point it at http://gabbly.com/firedoglake.com — and NEVER refresh that Gabbly window, while continuing to use and refresh this one normally) that the response time was just imperceptibly slower than when I’m home in MA! Truly our world has changed. Tnx to Rayne for publicizing Gabbly to FDL.
As I happily discovered from Chile, Argentina and Brazil, there’s still a bunch of FireDogs who congregate to chat “there” in the USA’s PM hours…
I kept telling the US citizens on my tour that they would be returning to a fundamentally changed America — because our ship of state is really turning away from the Bush side and is accelerating towards Truth and Justice, mercifully and finally.
And it looks like I was right (about our returning to a changed America)! It’s feeling more and more like Watergate’s denoument. When Rove is drawn and quartered in front of Leahy or Conyers or whoever dragoons him to sworn testimony before Congress — and that is inevitable given the clear Obstructions of Justice that he and the rest of the Bushies have been committing in this outrageous case (and thousands of others) — the game will be up.
We will have both Bush and Cheney’s impeachments and/or resignations real soon now.
You hoid it second here. (I know there’ve been many others who have predicted it too) :)
President Nancy, do right. :)
Has FDL gotten its well-deserved Pulitzer Prize yet? If not, why not?
(((JANE)))
emptywheel at 30: — all good points. We also need lhp/Christy to do a post on the case law on executive privilege.
It looks like the New York Times is on board this time. Today’s editorial comes down strongly for testimony under oath, and it comes down on a broad front, not just the particular issue of the DA’s. I’m more hopeful this morning than I was last night that the Dems will play this correctly. Look how Waxman is spanning the gamut of government operations. Friday is the deadline for Ms Rice to hand over the information he asked for on her handling of the Yellowcake material. That’s another subpoena in waiting. We will hear from Bolten on whether Rove got another security check, soon.
Pile on.
egregious @ 54
Funny!
About Guiliani. He’s being seen by some in my area as the (next!) Great White Hope. The MSM will not be telling the public what it needs to know about him. Our Bush-battered country would not survive Rudy and his thugs.
Chick Shumer needs to back off and let Leahy run the show. The whole good cop/bad cop thing is getting tiresome.
Also, as predicted on TPM, Bush is pulling the “but look at all the documents we turned over to Congress” bit. Absent major chunks of email from Carol Lamm I might add.
It’s time to cue the scary music just a little bit. Not the pounding rhythmical stuff yet, but something that makes you realize your knuckles are white and your breath is shallow.
This movie is heating up.
Sally @ 59
Bush-battered. Dipped in sh*t and eaten whole.
My memory from Watergate is that the opposite was the case. Congress started investigating the (relatively) small issue of the break-in (which, after all, had been public knowledge even before Nixon got elected.) It was during the course of this investigation that all else emerged–the enemies’ lists, the illegal campaign contributions, the money-laundering, the “plumbers,” the anti-semitism, the paranoia and the overstepping–the break-in at the Watergate was only one example.
I think that the USA scandal has the same potential. Through it we can see how the Administration misuses the FBI and the USAs and the mechanism of the law in general(phony voter fraud cases and NSA wiretapping), uses money to award friends and fear to overcome potential critics (USAs, Wilson, Plame, O’Neill, etc.), how it all seems to center on “Karl’s shop.” The USA scandal is a small window, admittedly, but if used correctly, it can give us a larger view into a brittle and barely standing house of cards.
I think you’ve got it right in your post, just backwards. A broad investigation will make this seem like a “fishing expedition,” like Bush says. But a narrow one with an established meme that encompasses the larger problems might just blow that house of cards down.
Without testimony under oath and the release of all related documents, we won’t know whether the law was violated.
OT- John Yoo in L.A. Times op-ed tells us that new limits on the Patriot Act are a mistake in fighting the war on terra. Instead Yoo makes the helpful suggestion we should…
Break Up the FBI
I have gathered all of the information on Daniel Bogden from all 3000 documents and have listed it with other relevant information on my website http://misterapologist.blogspot.com/
I have direct copies turned into pictures of ALL Daniel Bogden information…
Highlighting all inaccurate statements plus identifying files and emails that are still missing (One Email from Daniel Bogden was conspicuously damaged to remove several lines)
Visit http://misterapologist.blogspot.com/ for this story and Updates.
Unless Republicans now put the country ahead of their party, Bush is an albatross that they will wear around their necks for years to come.
It’s time for the Senate and House Judiciary Committees to subpoena e-mails of WH appointees (like Rove, et. al.) regarding the DoJ — and US Attorneys and assorted relevant matters — from gwbush43.com, and the other RNC websites hosting such accounts.
These are NOT official WH records, and Bush can’t make any reasonable argument of executive privilege to protect them.
Scarecrow @ 57
and if they’re reading, I’m very interested in the issues of waiver – both with regard to the 3000 pages and the idea that he *would* send them over to “talk”, but refuses oaths and transcripts.
I think his position is weak – very weak.
Just heard rerun of part of shrub’s tirade yesterday and he said, “The proposal I put forward is the proposal.” Well, duh.
Bruce Fein on C-Span 1 re constitutional checks & balances.
O/T
Happy New Day/ Spring /Vernal Equinox FDL!
http://www.youtube.com/watch?v=vgeZEdbv_m8
CityGirl, right on about sound bites. The bites should include:
“Obstruction of justice” “Rule of law” and “Aid and comfort to the enemy in time of war”
Scarecrow,
thank you for this – even though I was snarky, I share the concerns you expressed after Chimigula blathered yesterday
just like BlueUU, I sent that last paragraph on to Leahy, Schumer, Conyers, and Sanchez – via fax
and JGabriel, my note included the same suggestion on the gwb43 addy and Rove’s public remarks from last week
Wiki has the lowdown on “show trials” and mentions Stalin and uh, Saddam Hussein. Poor Bushie. He has lost control of his authoritarian train.
Oh it IS spring already, March 21 at 00:07 UT! Thanks Dru. [skipping thru the daffodils]
New life, new hope.
From the front page:
“I’m still surprised that of all the lies, crimes and outrages in the Bush/Cheney regime, the USA matter could become the vehicle for the Bush vs Congressional confrontation.”
Keep in mind that it was a ham-handed burglary that laid Nixon low, not the secret bombing of Cambodia or the seemingly endless propagation of the Vietnam war.
That being said, this is increasingly looking like a profound abuse of the justice system. Its a sad commentary on where we are that this doesn’t look that profound compared to some of the other travesties foisted on us by Bush.
Zach Edwards at 68: Great effort; thanks for the hard work. What have you found so far?
Let’s not lose the forest in the trees. These firings happened in a context. Per Krugman:
The question is whether the highest law-enforcement officer of this land has been (ab)using his office to harass his political opponents of his party and protecting rackets conducted by members of and donors to his party. There is a lot of circumstantial evidence that he has been. If so, he must be impeached for malfeasance.
egregious @ 77
Yes.
Credit where it’s due. Here’s the 18 gap day post in Josh’s comment thread:
In case you missed it, here’s Chimpster’s presser from yesterday evening:
Chimp Presser
and
Reporter’s questions
Scarecrow @ 32
HeeHee — my thoughts exactement, Scarecrow! One can only hope that someone these days has attempted some digital skulduggery that could be uncovered and verified; that would add yet more to the obstruction of justice cornucupia we are now seeing.
I’ve mentioned this before but in those far-off daze of Watergate, it was I who first “officially timed” the gap (in that former life I was then a researcher for BBN, birthplace of the Internet). We (well, mostly in my lab) also analyzed that White House tape and others to see how the erasure was done. I’m proud to say that our conclusions marked the first irrefutable scientific proof of evidence tampering in Nixon’s WH and lent credibility to the rest of the probe that ultimately brought Nixon down.
Of course, I deeply regret having played that part since St. Nixon was greatly the moral superior of W and his minions…
… not so much though :)
Just a question to throw out to those more knowledgable, those investigations that got sidelined due to these firings, do they just get dropped? I was wondering why we never heard more about hookergate, and whatever Abromhoff spilt.
Can anyone fill me in?
Wigwam — yep, thanks for that reminder. It’s the stuff we don’t know yet that may be the worst.
Wigwam @ 79
I really think this is the meat of this matter. IMNAL, and so I cannot fathom how this can be rooted out to light of day. Missing 18 pages?
CNN Wash. man (Mike Allen?) just said the Democrats are behaving “politically”, and chuckled.
They just look stupider and stupider. They thought we’d miss this gap.
OTOH, this illustrates something I read over at myDD (I can never remember whether it’s Stoller or Bowers). The republicans don’t understand the tubez. It should have been very clear to them that releasing these documents be like putting a carcass on an anthill. The netroots would pick it clean, one tiny bite at a time.
TiredFed @
50
And make reservations at a suitable facility for — how many?
egregious @
24
Oversight committee schedule here.
The usual IANAL disclaimer applies, but I really don’t see how there is any question that the subpoenas are upheld, assuming, of course, they are written correctly.
1. The evidence is now overwhelming that officials of the Justice Department gave false testimony under oath to Congress in the past few weeks.
2. Emails (esp. from Miers), the authenticity (if not veracity) of which have been stipulated to by the executive, have been released by the executive. As I understand it, once you start talking, you waive your privileges.
3. Same emails refer to Rove in ways that specifically contradict Justice officials’ testimony to the committee.
As an investigation into the legality of the US Attorney firings, I can see an argument that the subpoenas may be dubious. But if the subpoenas refer to investigation of false testimony before Congress, I don’t see how the subpoenas are legally anything other than a slam dunk.
Am I missing something here?
OT – waccamaw – as per CNN, Gandalf is a Shiloh Shepherd
Badwater @ 69
Make no mistake Republicans always put Party before country. They’ve taken a page out of history by emulating the Bolshevik and Nazi model of consolidating and holding on to power. Party loyalty will always trump loyalty to country for today’s Republicans.
Open a second front.
What about the USAs who were not gonna get the ax? What were they up to?
Via the NY Times a study by two retired professors of communication (Donald Shields and John Cragan) compiling a database of investigations and/or indictments of candidates and elected officials by U.S. attorneys since Bush came to power.
“Of the 375 cases identified, 10 involved independents, 67 involved Republicans, and 298 involved Democrats…. in which Democrats were seven times as likely as Republicans to face Justice Department scrutiny.”
http://select.nytimes.com/2007…..nted=print
From Shields and Cragan’s report:
“…of the U.S. Attorneys’ federal investigation and/or indictment of 375 elected officials. The distribution of party affiliation of the sample is compared to the available normative data (50% Dem, 41% GOP, and 9% Ind.).”
http://www.epluribusmedia.org/…..iling.html
In statewide and federal cases they found a total of 66 investigations. Here’s the breakdown:
Democrats: 36
Republicans: 30
Corruption and power go hand in hand. Remember, for the majority of the period in question the Republicans controlled all the levers of national power, and did so in a very partisan manner excluding Democrats wherever possible.
The numbers for local cases paint an even more striking picture. They found 309 investigations, broken down as follows:
Democrats: 262
Republicans: 37
Independents: 10
I see no reason why it has to be an either/or. They should slap Rove with subpoenas in all of the roiling scandals and -while those are being litigated- nail the crap outta Gonzales and his minion under oath in committee after committee to build their underlying cases for the felonies that we know and suspect have been committed.
Republicans are not pragmatists but rather ideologues. To them politics is nothing more than the art of propaganda which promotes their ideology rather than politics as being the art of the possible.
Professor Foland @ 92
It could be that the 18 day gap in the e-mails was done so that they could argue that any “internal WH communications” could be kept secret. They did release communications, but not about the discusions where any evidence of illegality would come out.
Waccamaw @
52
Heh. I was wondering if you caught that.
emptywheel @ 36
Can you show that Lam’s firing was directly as a result of her actions against Foggo, who was indicted? If it was an abuse of power, then Gonzales should be impeached, but Justice is still calling it a performance issue. They will need to provide documentation that Lam’s peformance was not up to standards, something which I believe they will be unable to do.
Just playing Devil’s advocate here, but this thing is going to take time. To make an obstruction case you have to plug up all the holes, and that hasn’t been done yet. The evidence is still largely circumstantial, and constitutional issues are going to come into play. If and when this goes to the Supreme Court, the Court will do its best to avoid setting a precedent. That alone I think argues in favor of the White House, since the Court will decline on the basis of the political question.
A GOP GAP? Yer kidding me…how Nixonian.
twolf -
Thanks, luv; will goggle shortly.
mayan @ 96
And that may be what the Dems have in mind. I think it’s easier, though, to win the politial battle on the broader investigation than on the firing issue alone — and the proof of that is the effort Bush made last night to say this is just about the firings and it’s all just fishing and “show trials,” and . . . I see Bush trying very hard to focus everyone’s attention, and the legal battle, just on the firings.
From the WaPo yesterday:
U.S. Attorney Patrick J. Fitzgerald was ranked among prosecutors who had “not distinguished themselves” on a Justice Department chart sent to the White House in March 2005, when he was in the midst of leading the CIA leak investigation that resulted in the perjury conviction of a vice presidential aide, administration officials said yesterday.
The ranking placed Fitzgerald below “strong U.S. Attorneys . . . who exhibited loyalty” to the administration but above “weak U.S. Attorneys who . . . chafed against Administration initiatives, etc.,” according to Justice documents.
What I’d like to know is what the US attorneys at the top of list have been up to.
What ever happened to Rosie and the Originals?
JF @ 98
I could be wrong, but the e-mails so far refer to Rove but none are from Rove. Anyone know? As I said, we need a primer on executive privilege and waivers.
emptywheel @
31
Good points. I’d also mention Glenn Greenwald’s pointing out that the same people who attacked executive privilege when Clinton was president are singing a different tune under Bush.
I also think that we need to take these points to places where the non-wired will see and hear them: Letters to the editor, radio call-in shows, etc.
jwc @ 98
There have been a number of prosecutors who have said that both the Lam subpoena “coincidence” (with Sampson’s comment that there is another real problem with Lam that he can’t write) and Domenici’s and Wilson’s intervention into the NM cases constitute obstruction. Add in Gonzales’ fairly clear perjury, just based on the Bud Cummins’ evidence alone, and you’ve got several crimes.
Do we need to make the case? Sure. But that’s why you have subpoena power.
ccmask @ 101
Not a 17 day gap or a 19 day gap, but an 18 day gap. Some might say this is evidence for the existence of a just God. Has any one else out there reflected on the impact this will have on the portion of the public that are unwilling to assimilate more than a few bytes?
The legs on this story just grew another foot.
in my more hopeful moments, I count on their mendacity and incompetence to see us through – although Fielding appears t/b more experienced than any of them at this, he is not in the inner circle and there’s always a chance they will leave something out or throw in something false – I believe that dynamic played a role in Well’s sub par thrash at the Libby trial and there is reason to think they will continue their hubris infused ways
shorter Fielding – Give Confidentiality back to me !
jayt @ 29
Maybe a diversion. Or, maybe Holy Joe finally sees the reputations of his best buds circling the drain, and is contemplating a desperation move to save them.
Just a confused rat swimming toward the sinking ship….
My prediction, FWIW:
The Bush administration will stall while the subpoena battle goes to the Court. At some point, though, they will agree to let Rove, et al, to testify behind closed doors. They will, however, have attorney’s present, and the attorney’s will advise that almost all useful questions violate executive privilege.
Again, then, we go back to court. Net result, more time wasted.
I disagree with many people that think Rove is more indispensable than Gonzales. The problem with getting rid of Gonzales is that any replacement that can pass through confirmation is likely to not be as much of a “team player,” and that could lead to more indictments, close to the 2008 elections. They can’t afford to have an honest broker in the DOJ. Rove, however, can do his voodoo from outside the White House grounds.
The best scandals are really yet to come, but this will do for now. We need to move the focus to LAM and away from the “partisan favoritism” that Rove would prefer to be the issue.
Less Cummings, more Lam and Iglesias.
“If and when this goes to the Supreme Court, the Court will do its best to avoid setting a precedent. That alone I think argues in favor of the White House, since the Court will decline on the basis of the political question.”
Well, the Bush-friendly Supreme Court will decide in favor of the Administration and qualify it by saying it is not a precedent as I believe it did in the Florida recount decision.
Bluetoe @ 97
Since selling their souls to the Bush family, Republican ideology has devolved to maximizing opportunities to gather plunder.
montag @ 111
It’s like Sarah Bernhardt’s Farewell tours. GoodBYE, Joe!
Scarecrow -
One correction needs to be made in your post:
UPDATE: (h/t
FranFrank Probst)Frank -
Has anyone constructed a timeline to determine what else was happening during that 18 day gap?
Sally @ 113
Leave SCOTUS out of it, impeach.
Republicans have their sticky little fingers in everything. I’m just starting to read about the replacement (driving out) of career lawyers by political appointees.
An Uncivil Divsion” by William Yeomans, Legal Affairs, Sep/Oct 05
&
“Civil Rights Hiring Shifted” Charlie Savage, Boston Globe 7/06
These people are total politcal animals.
twolf -
Found some neat info. As a low-level example of the lack of anything resembling a brain function in the MSM, in the close-out of an interview w/the handler, the guy asked her if Gandalf could do a trick for him. Wish the owner had said, “He found a lost boy. What further “tricks” do you expect him to perform?” Gawd save us from idiots!
Sally @ 113
It appears that precedents have already been established; please refer to two United States Supreme Court cases: McGrain v. Daugherty (1927), which arose from the Teapot Dome scandal, and United States v. Nixon (1974).
Stephen Parrish, CPA @ 116
Oops. Thanks, it’s fixed. Apologies to Frank.
twolf -
Have you been listening to this Kimberly Kagan on Washington Journal? Yeh, wife of one of *those* Kagan’s. Woman is moving her mouth like a talking dummy; wingers must be eating this up. Ugh.
Stephen Parrish, CPA @ 114
That gap is called “Karl’s New Numbers.” It happened between the time Karl recovered from the shock of not actually having “the numbers” and the time when he started doing his NewKarlMath to try to figure out how to get the numbers by 2008. So he picked the three swing Mountain West states the Dems are targeting hard, two districts in CA (yeah, right, Karl), the obviously swing district in WA, swing AR, and the becoming-blue section of MI, and said, “chop off their heads!”
I’ve been trying to figure out why Gordon SMith came out against Abu G so quickly, and wonder whether the OR USA wasn’t a target as well.
gore’s almost up!
gore should have been speaking already, but – barton is delaying allowing gore to speak by complaining about rules violations (seating, when statements are available,…). now barton is threating a 2 hour “cat fight”.
wow, the republicans must be really scared….
c-span3
Waccamaw @ 122
I just turned it on. I haven’t yet had my daily fill of wingnuttery.
OT- Mexico’s La Jornada takes a dim view of recent Bush visit:
“One is left with the impression that the most important intent of Bush’s Latin American tour was to provide him with a few days of relaxation away from his overwhelmed presidency…Perhaps if the current government had consulted Mexico’s most senior diplomats in time, it would have discovered that there are professional, discrete and impeccable ways to avoid such inopportune, unproductive and offensive visits.”
http://www.watchingamerica.com…..0065.shtml
portia.vz @
21
The main problem in 2000 was an 18-month campaign of character assassination conducted by the mainstream press against Al Gore. ((It’s well documented in the archives of http://www.dailyhowler.com.) Until we can intimidate and/or discredit the mainstream media, they will have a bad influence on the voting public.
The good news is that progressive blogs are gaining traction, and Internet media, both streaming and podcasting, hold a great deal of potential, e.g., politicstv.com, bloggingheads.tv, theyoungturks.com, current.tv. But that potential may not be in time for the 2008 election.
RealWorld @
74
Particularly the “obstruction of justice” meme. I think that’s the easiest to define/portray with the current facts AND the best bait to draw people in.
I couldn’t agree more with you, scarecrow. Before calling Conyers office yesterday about subpeonas, I said: This is the apex of all the Repugs scandals — Cunningham, Abramoff, etc. They certianly don’t want Congress or even worse the LeftBlogosphere digging at the facts.
Dems have to sieze the day on this — this is what can start the unraveling that will not only wake up the apolitical types, but may force some Repugs to shout that they are not with this corrupt WH.
The 18-day gap is very interesting.
I do believe the fight with BushCo has become a War. And it looks like bloggers are ready for this War!
Ironically, I do believe Bushie’s “digging in ” strategy could bury him for good this time! Coffee has never tasted so good as this morning.
Stephen Parrish, CPA @
116
For instance, the Dems taking both houses?
“Long hard slog” ahead.
HotFlash @ 128
Well, that was kind of my point above–KarlsNewNumbers. We’re talking just enough time after the election for Karl to figure out where a USA shill could do the most damage in 2008. And voila, almost all swing states, particularly in the area where the DEms are clearly targeting, the Mountain West.
How when can we get the missing E-Mails? Can Congress order the administraion to produce them in time for the hearings? They have to have them they REMOVED THEM removed them from the document dump SELECTIVLY so they must have them. Or is Gonzo willing to go down NOW for destroying evidence. Isn’t that a felony?
Wigwam @ 127
And the machines, the machines. Paper ballots. Hand-counted or optically scanned and sudited. Getting this two years was a fluke, we will not have a second chance to fix things after 2008.
jwc @
22
I think the issue that has people upset is obstruction of justice. The replacement of specific US Attorneys whose ongoing activities might have lead to indictments and prosecutions that were unfavorable to the Bush Administration resonates at some level with many people regardless of their political affiliations. The replacements were intended to obstruct ongoing and potential investigations. There was clear knowledge of the actions that the staff at DOJ and the White House intended to take — conspiracy.
This is why this has traction, IMHO.
Here’s the link to US Attorney for the District of Columbia Jeffrey A. Taylor’s bio on the DOJ website:
Taylor bio on DOJ website
He was appointed by Gonzales and sworn in in September 2006.
speaking of timelines, as we go through the doc dumps, have been looking forward to seeing if some of the more questionable activities were ramped up once Comey departed (12/5)
I remember in a Pre Verdict life, a squiblet about him putting the brakes on a USA/Maryland who sent out e mails about prosecuting Dems before an election – jes sayin’
and hey, where is Jane’s favorite DOJ employee ?!?!?
Egregious@24,
I think this is what you want. As far as I can tell it is the only hearing set for today–this from the Committee’s site.
Subcommittee on Domestic Policy hearing on “Foreclosure, Predatory Mortgage and Payday Lending in America’s Cities”
Wednesday, March 21, 2007, 2:00 p.m.,
Hotflash @ 115: Please let it be so in that we may finally rid ourselves of this shameless, traitorous piece of political flotsam. As Arianna Huffington said a few years ago, “I don’t know why he hasn’t changed parties by now. I suppose it’s just inertia.”
Gore on CNN…
Wigwam @ 127
The thing that frightens me the most in all this is that the two institutions that were [theoretically, at least] supposed to provide a “check” on the legislative and executive branches — the judiciary and the press — have each been so completely taken over by the Right.
MSM – went to hell a long time ago and hasn’t come back
Judiciary – Repubs have been larding the benches up & down the line with their stooges.
Thus when crises like the current ones come along, there’s no MSM to educate the electorate [just the opposite, in fact], and there’s no impartial judiciary to oversee the disagreements.
The “behind closed doors, not under oath, no record” says it all.
I am really scared!!
For those of you who get CSPAN3, Gore is supposed to testify before some committee on the environment today.
emptywheel — Great insight — and if you can link the incumbent USA to public prosecutions of Republicans prior to the election — Lam — then it makes a nice narrative to offset the “partisan show trials” spin.
Steve @
39
It smells like conflict of interest the firm should be forced to drop Jerry Lewis as a conflict of interest between the AG old job and their new one
Mandrake @ 142
yep. he’s on and speaking now… joint house committees (senate committee this afternoon).
Mandrake @ 142
Stream Gore on CSPAN3 here…
The problem is, ie. the recent viral Obama add, much of the underground isn’t exactly legal material. Hence, Obama distancing himself from it, did he have a choice? You couldn’t have asked for a more perfect coming together of concepts for that add, though.
Some executive privilege links
US v. Nixon
Congressional Research Primer on Executive Privilege
McGrain v. Daugherty
Janet Reno’s letter to President Clinton on resisting “Travelgate” document subpoenas
Janet Reno’s letter to President Clinton on resisting subpoenas concerning pardon power.
Cheney v. US District Court
Frank Probst & Scarecrow
18 days? Are you sure?? Too freaky!!! I am sooooo reminded of 18 minutes and Rosemary. This can’t be right.
Mauimom @
141
Exactly! If we’re not past the tipping point, we’re damn close to it.
I entirely agree. Bush/Rove’s strategy is to cauterize the wound by pin-pointing the smaller issue and frame it as being “partisan.” It is imperative for the Dems to trump this marketting initiative (never very easy for the Dems) and sell the public on what is really at stake…without going on the defensive.
I am just blown away by the knowledge/memory base (long- and short-term) of the bloggers who’ve been sifting thru’ these documents! Tidbits that staffers might well have overlooked.
Here’s one heart-felt {{{Thank you}}} !
New thRedd 18 Day Gap – Let’s Hit the Phones
I think Scarecrow is right about this. If Rove is subpoenaed to talk solely about this, the questions will be too narrow. We need a broader playing field to question that toad. Better to work around the edges longer, I think.
kdh22 @ 147
I assume the gods are involved. It the gap were 17 or 19 days, it might have been ignored. The number 18 has cosmic signficance, so I expect the Administration to find a new email right in the middle of the gap, just to kill this one before it hits to the late night comic shows.
Anyone remember the picture of Rosemary Woods showing how she could have simultaneously stepped on the delete pedal while answering the phone?
Christy has a new thread on Rosemary’s Baby!
Waccamaw @ 152
I second that, Waccamaw. Suffering from an apparent onsent of adult ADD, I’m glad there are some brilliant, clear-headed and dedicated people out there to help me keep up with all this!
Spring is sprung
The grass has riz
I wonder where
the subpoenas iz.
Scarecrow @ 155
WOW, I was thinking the same thing!!! Yes, I can see the picture in my mind b/c it was being discussed on CSPAN last week and they showed the picture of the poor woman contorting herself!
Re: the The KarlsNewMath 18 Day Gap:
From http://www.tpmmuckraker.com/archives/002809.php
Posted by: Donp
Date: March 20, 2007 02:19 AM
ralphbon @ 158
*g*
Lindy @ 9
jayackroyd @ 23
Brillant………if you’ve got this game plan in clear range, can Congress be far behind in their strategy??? If they botch this, I will have lost all hope.
OOPS…what the hell is that Lindy comment doing there in my last post?!!
Guess because I was going to comment on that, THEN thought not:) Recovering English teacher, you see.
rxbusa @
104
Like Mary Beth Buchanan, USA in W PA? Not sure where she appears on ‘the list’, but it seems she’s been a very good Republican investigating several prominent Dems while letting Man on Dog’s residency issue languish.
160 – that was the point I was going to resusciatate.
Here’ s the text:
Now someone needs to go back and catalog how often the President and his spokespersons said he knew nothing about any of it and that this can’t be laid at his door and he never talked about any specific USAs.
Also, observe his use of “our” in his statement yesterday that the USAs serve at “our” pleasure. His counsel, if not his poltical aides, picked up fast on the fact that his complete ignorance doesn’t jibe with the Sec 541 authorization in the President – so they are cooking the story now for that.
A good time, perhaps, to remind that the US doesn’t have a royal to justify use of the Royal inclusive.
Emptywheel — I second Scarecrow’s comment of “great insight”! Although the Arkansas USA seemed an obvious placement to go after Hillary, I had not considered the 8 in terms of the electoral map and an attempt to retake the majority in Congress. Now that you mention it, it seems obvious. Adds another delectable layer onto this tasty cake of scandal. You’re a genius…
Perhaps another sound bite for Dems to consider would be Elections Tampering…
jwc @ 22
The entire Executive Branch has a Code of Ethics it must conform to (it’s in the Code of Federal Regulations, I cited it last week).
If Gonzales has done something that violates anything in that section of the CFR (and removing USAs for policital reasons IS a violation of those statutes) then he can be impeached.
I’m a Federal employee, and we have a course on Ethics that we have to take every bloody year. ANYONE who works for the government, be they elected, appointed or just a rank-and-file employee is required to do this, so none of the President’s people can claim ignorance of these regulations.
Violating the Code of Ethics IS illegal. So if they have done so, they HAVE not only broken the law of the land, they have also broken the oath they swore when they took the job.
clem @ 49
There’s context and then there are the metaphysics. What strikes me so profoundly is that in the face of the liberal rules of engagement and the tragic dimensions of collateral damage in Iraq, the deployment of the tactic of torture, all as dimensions of a strategy that cry for retribution and utterly undermine the secuirty of the United States, the Patriot Act focuses on the narrow management of citizens by accessing phone, internet and financial records. Its all a part of the dismantling of the middle class in attempt to centrally and corporatly control the economic flexibility of citizens. And obviously Bankruptcy Reform falls into the categories of this tendency. In other words would not the security of the United States be better served in pursuing jusitce in foreign policy rather than eroding rights and narrowing the fields of action among the citizenry.
Add to this:
1)the firing of the US Attorney in Guam who was investigating Abramoff;
2) McKay’s attempt to expand the ability of the US Attorney’s to share investigative information that was resisted and would likely augmented the ability to pursue corruption investigations; and,
3) the clear understanding that the proximity in time to their firings of the
a) investigations of Lam into corruption and
b)the phone calls to Iglesias attempting to influence him; and
this proximity in of itself should be enough to overcome any pretextual characterization of the nature of their firings as being “performance related” or otherwise; and the scope of the excesses begins to fall into a narrative that reveals the true character of the Administation.
In employment law even in the face of employment at will there are certain kinds of dismissals that are yet inproper. The firing of an employee in retaliation of the filing of a workers’ compensation claim, for instance. Likewise here these firings can be seen as retaliation for the failure to use prosecutorial discretion for the sole benefit of Republican interests. In the face of the lying that has already occurred before Congress, the overriding interests of protecting prosecutorial independence, and the egregious pattern of abuses that have again and again emerged from the DOJ in this administration this issues does indeed have legs.
stingray @
160
So the quesations are who in WH legal political and comms signed off, what did they say, and how did they say it? No e-mails? Really?
But… I thought we wanted to hear from Karl Rove and Harriet Miers.
Chetnolian @ 169
It appears the problem the WH has is with the truth of what got said during that period. And it looks like Leahy is going to pursue it like a pitbull.
Have we ever seen any emails sent by Rove? My guess is he communicates almost exclusively by voice, to ensure there’s little record of his big schemes.
The WH “servants” are “honorable” alright – apparently just not to the “public.”
Possible crimes:
1. Conspiracy to Obstruct and Obstruction of Congress – legislative tampering. The 11th hour action by the Executive aides in slipping language into lengthy, complex legislation that had been hammeered out in committee, without notice to Congress, the House or Senate committees, or any of the individual Senators on those committees.
2. Conspiracy to Obstruct and Obstruction of Congress and to violate Article III, Section 2 of the Constitution of the United States of American “and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
Principal officers are not sole Presidential hires, they are required, by the Consitution, to be joint hires by the Senate and the President – the President can nominate, but he cannot appoint except with advice and consent of the Senate. A conspiracy by the Executive branch to violate Congressional powers and avoid Constituionally required advice and consent is about as big a violation of separation of powers as you could structure. To the extent the President might have been directly involved in a Conspiracy to violate the Constitution and circumvent Congress, that is important info as well.
3. Arkansas appointment of Rove’s friend Tim Griffin. Conspiracy to Obstruct Congress and Obstruction of Congress and violation of Article III, Sec. 2 of the Constitution of hte United States of America. Refusal to allow first assistant to become acting USA based on pregnancy – possible violation of statute. Perjury and obstruction related to lies under oath to Congress related to circumstances of removal of prior USA and appointment of USA. Conspiracy to lie to Congress and to obstruct Congress and violate Art III Sec 2 are very laid out in the Sampson email related to Phillips, where he says that the Executive Branch aides and DOJ will pretend to cooperate with Congress in quote good faith endquote, while “running out the clock” and having no intention of getting Senate consent to the appointment. Remember, the Constitution is our CHIEF legal document.
4. Lam. [All the USA removals have the same Art III, Sec 2 issues]. Conspiracy to obstruct and obstruction of justice under applicable sections of 18 USC 1503 et seq for interference with a court officer in the performance of their duties (note that not only are USAs jointly appointed with the Senate to be legally appointed, but also they act as an officer of the Judiciary branch and each branch is entitled to protect their claim on USAs allegience). Possible perjury and conspiracy to commit perjury related to the emails indicating that on the day following Lam’s applications for Foggo search warrants emails went out stating she had to be removed. None of this was revealed to Congress in the testimony given.
5. Iglesias. Obstruction of Congress, etc. as for all USA removals. Obstruction of Justice and conspiracy relating to efforts to influence an investgation (the voter fraud) AND violations of Senate rules and possible related ethics or other obstruction charges related to the calls by Domenici and Wilson.
etc.
There’s a boatload of violations and potential violations of criminal statutes and constitutionally prohibited interference with Congress by the Executive, all of which need thorough investigation.
To revise the old quote, there are lies, damn lies, and statments from Bush’s DOJ.
Two helpful summaries relating to Congressional subpoenas and testimony by Exec aides:
http://www.senate.gov/referenc…..L31836.pdf
http://www.fas.org/irp/crs/RL31351.pdf
But I don’t see how you get anywhere quickly or thoroughly without independent counsel. Not a Spec Pros, like Fitzgerald, but Indep Counsel.
And while they are investigating the removals, it would be nice to get someone at DOJ to confirm, in writing, that there was no modification of, or interference with, the Special Prosecutor’s delegation of authority in the leak investigation and a request for the Rove letter. JMO
phred @ 166
Elections tampering. I like it.
Mary4. Now there is a right sized big picture.
Mary4 @ 172
Mary, I love you. Why Fitz wrote to Comey for clarification. And Fitz says it would be improper for him to give his opinion on the Plame investigation, but he sure was holding the door open. Be still my beating heart! Oh God, letters to Levin and Conyers, request the Fitz tell you about any calls he got trying to influence. You *know* they tried.
Expanding the investigation might be warranted, but it’s probably not good tactics.
As things stand, we have a narrow, clearly defined subject for inquiry, one that the public can (more or less) understand. And we have a good start to discovery by Congress. Executive privilege is a good battleground for Congress is this case; Bush’s general argument that WH aides are, essentially, immune from Congressional subpoena is way too broad. It proves too much, as lawyers say. Further, I think that there are five justices (at least) on the Supreme Court who will side with the Congress on this one (Ginzberg, Breyer, Stevens, Souter, and (yes) Kennedy); Roberts will have to show who he is once and for all. My bet is that the Chief votes against the WH.
A wide-ranging inquiry into “what’s wrong at Justice” (even if the answer is damned near everything) is both too poorly defined for the public to get their mind around and too mushy to attract much GOP support on the Hill.
I sure as hell agree with the main message, though. Testimony on the record and under oath.
Let’s hope Leahy is really as pissed as he seems to be.
It sure struck me when the story first broke, as I read the list of states the USAs were fired from, that they were all/mostly Dem states – CA, MD (pardon me, I’m rushing to get ready for work and can’t remember the rest). Anyone else think it’s a little fishy?
as a side-note:
Might it be safe to say Cheney can kiss Iran bye-bye as the democratic investigative machine consumes the remainder of the WH’s resources as it fights for [political] survival?
sedrunsic @ 178
Wouldn’t *that* be nice?
“I’m still surprised that of all the lies, crimes and outrages in the Bush/Cheney regime, the USA matter could become the vehicle for the Bush vs Congressional confrontation.”
Appointment of USA’s is a valued senatorial perogative. By custom no USA is appointed without the recommendation of the senators from the state who are of the same party as the President. Now you see why they are in such trouble in the Senate. Commit all the crimes you want, boyo, but don’t fuck with my patronage.
two things one cannot ignore:: the law
and bloggers! thank you so much for all this analysis.
it is very fine, all senses.
we have left the “dear leader” pose and now have the bluff and bluster,”il duce” pose. Hopefully the Dems will not wait until we get to “der fuhrer”, before challenging the most hated man in America.