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And, yes, I DO take it personally

Monday, June 16, 2008

Re-electing the Republican party would be to "murder liberty in America"

as always, food for thought from paul craig roberts who makes the case for electing obama, despite some serious reservations...
Where is the hope when Obama endorses a foreign policy that benefits only Israeli territorial expansion and an economic policy that benefits only multimillionaires and billionaires?

The answer is that Obama’s election would signify the electorate’s rejection of Bush and the Republicans. Considering the cowardice of the Democratic Congress and its reluctance to hold a criminal regime accountable, electoral defeat is the only accountability that the Bush Republicans are likely to experience.

It is not sufficient accountability, but at least it is some accountability.

If the Republicans win the election and escape accountability, the damage Republicans have done to the US Constitution, civil liberty, and a free society will be irreversible. The Bush Regime and its totalitarians have openly violated US law against spying on Americans without warrants and US and international laws against torture. The regime and its totalitarians have violated the Constitution that they are sworn to uphold. Bush’s attorney general Gonzales even asserted to the Senate Judiciary Committee that the US Constitution does not provide habeas corpus protection to American citizens.

When federal courts acted to stop the regime’s unconstitutional practices and abuse of prisoners, the Republicans passed legislation to overturn the court rulings. The Republican Party has shown beyond all doubt that it holds the US Constitution in total contempt. Today the Republican Party stands for unaccountable executive power.

To reelect such a party is to murder liberty in America.

agreed...

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Saturday, March 29, 2008

Don't forget that Karl, Satan's doppelganger, is STILL LURKING ABOUT out there [UPDATE]



and, one of these days, he's going to get what's coming to him...
Senators joined the House on Thursday in approving subpoenas to force President Bush's political adviser and other aides to testify about the firings of federal prosecutors.

While Sen. Patrick Leahy, D-Vt., chairman of the Senate Judiciary Committee, is not budging from his insistence that Rove be questioned publicly and under oath, Pennsylvania Republican Arlen Specter offered President Bush a compromise.

Specter, who took the first step toward brokering a deal a few hours after the Senate Judiciary Committee approved but did not issue subpoenas for Rove and others, suggested that select lawmakers question Karl Rove and other administration officials in public, but not under oath.

White House counsel Fred Fielding promised to convey the offer to Bush, but Leahy doesn't support the deal. "I've had a lot of those unstructured briefings and found that I was given, in many instances, not the whole truth, nothing near the whole truth," said Leahy.

His committee, by voice vote Thursday, gave Leahy authority to issue subpoenas for Rove, former White House Counsel Harriet Miers and her deputy, William Kelley. The House Judiciary Committee chairman, Rep. John Conyers, D-Mich., was given that same authority a day earlier.

but, while rove is waiting for his day of reckoning, he's definitely going to make sure he's comfy...


Karl Rove's carriage house in Rosemary Beach, Florida.
Only the carriage house is visible from the street;
the house proper lies behind it.

Whatever the next chapter of Rove's life has in store, some of the action will probably take place in Rosemary Beach, Florida, where he bought land in 2002.

According to political journalist Jim Moore, many factors probably influenced the timing of Rove's resignation--including the desire to cash in on lucrative speaker's fees and the prospect of reinventing himself as a political pundit on the national stage.

"Ultimately, though, what probably appeals to Karl the most is being a sort of freelance Dr. Evil," Moore –- a Rove critic -- explained in an email to RAW STORY. "He can do his work now for hire under the guise of any organization that wants to hire him or he can do it for fun and generally avoid the restraint of party or candidate. Have darkness. Will travel."

Rosemary Beach, Florida bills itself as a vacation community, but Rove's home is no beach bungalow. His Dill Lane pad is a 2,578-square-foot cedar and white stucco structure with a stoop, 4 bedrooms, 3 baths, and an outdoor shower. Opposite the main house, separated by a small walled courtyard is a two-story carriage house with a two-car garage on the ground floor.

my fondest wish for years has been that satan will show up in person to collect his marker on rove's soul...

[UPDATE]

and HERE'S the very thing that may do dr. evil in...
In a telephone interview shortly after he walked out of a federal prison in Oakdale, La., Mr. Siegelman said there had been “abuse of power” in his case, and repeatedly cited the influence of Karl Rove, the former White House political director.

“His fingerprints are smeared all over the case,” Mr. Siegelman said, a day after a federal appeals court ordered him released on bond and said there were legitimate questions about his case.

i've said many times, i don't subscribe to schadenfreude... i take no pleasure in seeing anybody take a fall... i do, however, feel strongly about every individual ultimately having to face the consequences of his or her behavior... in rove's case, there are one HELL of a lot of consequences that he has managed to successfully avoid - so far... i want to be around when that changes...

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Wednesday, December 19, 2007

Mukasey wipes out Gonzo's White House/DOJ communication free-for-all

remember when senator sheldon whitehouse introduced this, the difference between white house/department of justice communication protocol under clinton vs. george bush, back at the senate judiciary committee hearing with gonzo on april 19...?



well, mukasey is putting a stop to that crap... i'm no mukasey fan, but this is about damn time...
In a memo Wednesday to department lawyers, Attorney General Michael Mukasey said that only he and his deputy attorney general can initiate conversations with the White House about civil and most criminal cases — and then only to the president's counsel and deputy counsel. Only cases deemed necessary to the president's duties can be discussed, Mukasey said.

"This limitation recognizes the president's ability to perform his constitutional obligation to 'take care that the laws be faithfully executed' while ensuring that there is public confidence that the laws of the United States are administered and enforced in an impartial manner," Mukasey wrote in the two-page memo.

that's four - count 'em, four - people total in doj and the white house who can talk to each other about civil and criminal cases... eat shit, gonzo...

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Friday, December 14, 2007

Leahy and contempt of Congress - too little, too late

sigh...


Dear [name redacted],

It should never have had to come to this.

Yesterday, on a bipartisan vote of 12-7, the Senate Judiciary Committee ruled that White House Chief of Staff Joshua Bolten and Deputy Chief of Staff Karl Rove are in contempt of Congress for refusing to comply with subpoenas issued in the U.S. Attorneys investigation. As Chairman of the Committee, I have gone to real lengths to avoid this sort of legal confrontation, but after many months the White House has yet to cooperate with these requests from our investigation -- and the American people deserve the truth.

The President denies any involvement in the political firings of Justice Department officials. Yet he and his staff continue to hide behind the veil of "executive privilege." They have essentially asserted that this privilege -- historically applied very narrowly -- covers all documents and information in their possession. It's a dramatic departure from precedent, and the Bush-Cheney administration's blanket claim of immunity from congressional subpoenas flies in the face of our system of checks and balances.

This is not about pulling a partisan "gotcha" or scoring political points. After all, Committee members of both parties supported yesterday's ruling. No, this is about defending Congress's oversight function and protecting the right of the American people to know the whole truth about the mass firings of attorneys at the Justice Department. Withholding critical evidence requested by a subpoena is a serious crime, and it's time we reminded the President and his staff that they are not above the law.

The White House's refusal to cooperate with our investigation casts further doubt on its contention that it had nothing to do with the political firings of Justice Department officials. In fact, it's now quite clear that political officials in the White House pressured federal prosecutors to bring partisan cases and sought retribution against those who refused.

Since World War II, presidential advisers have testified before Congress 74 times, either voluntarily or compelled by subpoenas -- never once refusing to comply. Executive privilege should not be invoked to prevent investigations into wrongdoing, and certainly should not prevail.

Thank you for your support for holding the Bush-Cheney Administration accountable as we get to the bottom of the mass firings of U.S. attorneys.

Sincerely,

Patrick Leahy
U.S. Senator

another forlorn plea...
Dear Senator Leahy,

As I've written previously, I am in full support of all of your desperately needed efforts to hold an outlaw presidential administration accountable. I have witnessed over seven years of determined attacks on our precious Constitution and willful repudiation of the rule of law. I have also been devastated to see Congress continuously, even with a Democratic majority, capitulate and seemingly collaborate with the criminals in the executive branch.

Contempt of Congress charges are not only highly appropriate, but long overdue. However, with the Bush administration's announced intent to prevent the Department of Justice from prosecuting contempt citations, I have little doubt that the contempt of Congress charges will amount to little more than an empty gesture. In my opinion, had you been more forceful and timely on this issue, you would already be at the point of invoking inherent contempt, but that is water under the bridge now.

Unfortunately, Senator Leahy, our nation is already well past the point where what should be an unprecedented use of contempt charges will serve to restore the constitutionally-specified checks and balances and necessary oversight granted to the United States Congress. It is abundantly clear that the current occupants of the White House, via the revelation of so-called legal opinions that were vividly presented by Senator Whitehouse in his recent Senate floor speech, will never accede to any dimunition of their vision of unfettered executive power.

My point is this, Senator Leahy. The current administration will continue its outlaw reign unabated until they are removed from office, and waiting until 20 January 2009 for that to happen is putting our country at even more critical risk than it is already. Moreover, allowing the mechanisms of unchecked power to remain in place for a new president to decide to use or not use is an even more unacceptable risk.

I beg you, Senator Leahy, take a stand for me, my fellow citizens, your country, and your oath to preserve and protect the United States Constitution. I realize that you have many competing obligations, but all of them pale when placed up against the need to defend the Constitution and rule of law without which our nation, as we know it, would cease to exist. Throw all of your available energy and resources toward ridding us of the scourge called the Bush administration. I'm counting on you.

Best regards,

rather than composing all these letters from scratch, i really should compose a piece of boiler-plate... "dear [insert name here]..."

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Monday, November 19, 2007

oh our righteous steadfast and stalwart State

SF Chronicle has this on Senator Diane Feinstein:
Feinstein is 'not one to simply take the direction or pressure from even very important and very responsible outside groups, including those in the civil rights community', said Douglas Kmiec, a Pepperdine University law professor and former Justice Department official under Presidents Ronald Reagan and George H.W. Bush. 'She has her own mind.'

Feinstein is usually described as a moderate, and her record varies from issue to issue. She voted to authorize the invasion of Iraq in 2003, supported Bush's initial tax cuts in 2001 and Republican-sponsored restrictions on class-action lawsuits in 2005, and often crosses party lines on immigration and crime.

[...]

'She has been critically important', said Carl Tobias, a University of Richmond (Va.) law professor. 'When it's close, she's the person the Republicans look to.'"

During last Thursday's whirlwind 4 hour Senate Judiciary meeting, the immediate passing of huge new Judicial Salary increases was repeatedly broached.

So now the courts show that they are really fine team players.

The People, as opponents to Telecom Immunity passing, should not lose stride over opposition to Telcom Immunity just because the courts at the moment are making it seem moot and meaningless by blocking discovery now, at seemingly each new turn.

If Telcom Immunity was such a moot point, the pols wouldn't be conspiring at this very moment on ways to ram it through.

I remembered that the home page of Build Freedom has a video that mentions that government plans to something like triple or quadruple our prison present populations very shortly. I think I'll post that here:


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Thursday, November 15, 2007

Senate Judiciary Committee drops telecom immunity provision

unbelievable how these little victories in battles we should never have had to fight in the first goddam place make me feel like breaking out another bottle of argentine malbec...

(thanks to john at americablog...)

Civil liberties groups got a stunningly unexpected win Thursday as the Senate Judiciary panel passed their version of the new government spying bill out of committee without including a provision giving immunity to telecoms being sued for helping the government secretly spy on Americans.

The biggest winner from the development is the Electronic Frontier Foundation, whose suit against AT&T in federal court would almost certainly have been wiped out by the immunity provision.

The provision - which was part of the version passed by the Senate Intelligence committee in mid-October - was widely expected to make it into the bill, due to the administration's full court press on the issue, the telcos small army of lobbyists and the vocal support of California Democrat Dianne Feintstein. Feinstein's vote was expected to reverse the Dems 10-9 advantage in the committee.

But after a long day of complicated finagling over technical amendments to the Foreign Intelligence Surveillance Act and proposed alternatives to total immunity for companies such as AT&T and Verizon, committeee chairman Sen. Patrick Leahy (D-Vermont) decided to send the bill out of committee without an agreement on immunity.

AND...
The eavesdropping bill before the House also lacks immunity for telecommunications companies.

oh, and btw, F*** you, difi...

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Friday, November 09, 2007

Feinstein joins Rockefeller in repudiating the rule of law

to say nothing of the united states constitution...
Sen. Dianne Feinstein said Thursday that she favors legal immunity for telecommunications companies that allegedly shared millions of customers' telephone and e-mail messages and records with the government, a position that could lead to the dismissal of numerous lawsuits pending in San Francisco.

In a statement at a hearing of the Senate Judiciary Committee, which is considering legislation to extend the Bush administration's electronic surveillance program, Feinstein said the companies should not be "held hostage to costly litigation in what is essentially a complaint about administration activities."

She endorsed a recent statement by Sen. Jay Rockefeller, D-W. Va., chairman of the Senate Intelligence Committee, that companies assured by top administration officials that the surveillance program was legal "should not be dragged through the courts for their help with national security."

Feinstein, D-Calif., plays a pivotal role on the Judiciary Committee, which has a 10-9 Democratic majority. If she joins committee Republicans in voting next Thursday to protect telecommunications companies from lawsuits for their roles in the surveillance program, the proposal - a top priority of President Bush - will become part of legislation that reaches the Senate floor.

difi really doesn't care WHO knows she's a traitor, does she...? first mukasey, and now this... i bet joe lieberman is ecstatic... it's just gonna take some of the heat off of him...

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Saturday, November 03, 2007

Criminal Democrats who no longer care if we know

lead item in the daily wapo email, page one in the print edition...

the headline says it all...

TODAY'S HIGHLIGHTS
Democratic Defections Clear Path For Mukasey
The nomination fight over attorney general nominee Michael B. Mukasey effectively came to an end yesterday, as two key Senate Democrats parted from their colleagues and announced their support for the former judge despite his controversial statements on torture.
(By Dan Eggen and Paul Kane, The Washington Post)

i only have one quibble... the defections are not of recent vintage... they sold out a long time ago, and we are only now seeing it in the full light of day... they have essentially declared what we have suspected all along, that they are supporters of a criminal regime, fully cognizant of their actions, and they no longer care who knows it...

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Friday, November 02, 2007

Disgusting: Schumer and DiFi support Mukasey

what the hell is the matter with these idiots...? dianne feinstein is nothing more than joe lieberman in drag...
Democratic Sens. Charles Schumer of New York and Dianne Feinstein of California say they will support Michael Mukasey's nomination to be attorney general. Both are members of the Senate Judiciary Committee.

they're selling the united states down the river... actually, forget the present tense... it's already sold...

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Tuesday, August 21, 2007

B.O.H.I.C.A.*

pathetic, but, sadly, no surprise...

dana milbank in the wapo...

[The White House has] stalled or ignored Leahy's requests as his committee looks into the wiretapping program and the travails of Gonzales. They have calculated -- accurately so far -- that the Dynamic Duo of Leahy and Schumer would deliver harsh words but no punishment of consequence.

"The time is up. The time is up," Leahy announced yesterday. "We've waited long enough."

But what would Leahy do about it? The first questioner riddled Batman with this.

"The full Judiciary Committee will have to sit down and determine whether to seek contempt from the full Senate," said the noncommittal action hero.

Does that mean he would seek a contempt-of-Congress citation? "What I want to do is get the response to these things," Leahy demurred.

kagro x at daily kos...
The best spin that can be put on this -- and the spin Leahy would no doubt put on it -- is that the Senator was careful, even cagey, and displayed a statesmanlike refusal to tip his hand.

The rest of the world saw this: He's got nothin'.

our two-party system...? balance of powers...? the united states constitution...? what a joke...

* b.o.h.i.c.a...

bend over, here it comes again...

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Wednesday, August 08, 2007

Will Congress EVER stop the charade?

ofercryinoutloud, leahy, stop pussy-footing around and slap ‘em with inherent contempt… you know goddam good and well they AREN’T going to respond, no matter how much sugar you pour on…

from think progress
...

In a letter to White House Counsel Fred Fielding today, Senate Judiciary Chairman Patrick Leahy (D-VT) set a new return date of August 20 for subpoenas served to the executive branch in June. After the White House missed the original due date of July 18, Leahy granted them an extension until Aug. 1, which they also missed.

a think progress commenter observes...
This is like watching a monkey hump a football.

At first it’s funny, then it just gets sad.

now, THERE'S an arresting visual image...

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Thursday, August 02, 2007

Arlen Specter is a spineless, worse than useless, excuse for a United States senator

THIS is the kind of elected leadership we're paying good money for... he's not worth the powder to blow him up...
"He was telling only a part of the facts, really playing a cat-and-mouse game with congressional oversight," Specter said. "I do not believe that there is a perjury prosecution in the matter."

Specter then quoted from a Supreme Court decision that warned perjury shouldn't be pursued "simply because a wily witness succeeds in derailing the questioner so long as the witness speaks the literal truth even where the answers were ... shrewdly calculated to evade."

"Well I think that describes Attorney General Gonzales, where you have a wily witness, who has evaded the information which this Senate oversight committee was entitled to," Specter said. "Now just because it wasn't perjury doesn't mean it's the way the highest ranking legal officer ought to respond to a Senate inquiry."

you don't deserve your seat, senator... you're a disgrace to your constituents and clearly don't give a rat's ass about upholding your oath to defend the united states constitution...

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Thursday, July 26, 2007

Adding my 2 cents worth to Jim's post

let's get something straight here... you can call it a deepening "political" clash if you have to paint it as a partisan confrontation, you can call it a deepening "legal" clash if you want to, because, after all, it WILL definitely have legal implications, but what it's REALLY all about is yet another attempt to restore the balance of powers and the oversight authority as laid down in the united states constitution...
Senate Democrats called for a perjury investigation against Attorney General Alberto Gonzales on Thursday and subpoenaed top presidential aide Karl Rove in a deepening political and legal clash with the Bush administration.

"It has become apparent that the attorney general has provided at a minimum half-truths and misleading statements," four Democrats on the Senate Judiciary Committee wrote in a letter to Solicitor General Paul Clement.

as much as i would like to see a frog-march and/or a perp walk TOMORROW (or, preferably, even later today), i understand that this is another step that must be taken...

meanwhile, the torrent of bullshit from the white house continues unabated...

In response, White House spokesman Tony Fratto said, "Every day congressional Democrats prove that they're more interested in headlines than doing the business Americans want them to do. And Americans are now taking notice that this Congress, under Democratic leadership, is failing to tackle important issues," he said.

there is NOTHING more important that congress could be tackling than restoring our constitution... NOTHING...!

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Perjury Investigation for Gonzo? Subpoena for Rove

Well, looks like Goofy Gonzo finally tripped over his own fabrications. He doesn't prep. well for these occasions, otherwise Karl would have made sure he didn't make this mistake.
Speaking of Karl, he gets a direct invite to the fun, now, as well.
None of this matters if the Senate doesn't enforce their subpoenas. I doubt if anyone will take a perjury investigation seriously if they can't enforce subpoenas, either.

Courtesy of the AP.

Democrats urge perjury probe of Gonzales
By LAURIE KELLMAN
Associated Press Writer

WASHINGTON (AP) -- Senate Democrats called for a perjury investigation against Attorney General Alberto Gonzales on Thursday and subpoenaed top presidential aide Karl Rove in a deepening political and legal clash with the Bush administration.

"It has become apparent that the attorney general has provided at a minimum half-truths and misleading statements," four Democrats on the Senate Judiciary Committee wrote in a letter to Solicitor General Paul Clement.

They dispatched the letter shortly before Sen. Patrick Leahy, D-Vt., announced the subpoena of Rove, the president's top political strategist, in remarks on the Senate floor.

"We have now reached a point where the accumulated evidence shows that political considerations factored into the unprecedented firing of at least nine United States Attorneys last year," said Leahy, the chairman of the Senate Judiciary Committee.
[...]
Gonzales is at the center of the U.S. attorney controversy, but the call for a perjury probe involved alleged conflicts between testimony he gave the Judiciary Committee in two appearances, one last year and the other this week. The issue revolves around whether there was internal administration dissent over the president's warrantless wiretapping program.

As for the firing of the prosecutors, e-mails released by the Justice Department show Gonzales' aides conferred with Rove on the matter.

Leahy also said he was issuing a subpoena for J. Scott Jennings, a White House political aide.

"For over four months, I have exhausted every avenue seeking the voluntary cooperation of Karl Rove and J. Scott Jennings, but to no avail," the Vermont lawmaker said. "They and the White House have stonewalled every request. Indeed, the White House is choosing to withhold documents and is instructing witnesses who are former officials to refuse to answer questions and provide relevant information and documents."

This is a big deal and the senate needs to get the show on the road. At the rate they have been going, Little Georgy, Uncle Dick, and Gonzo will be retired in Dubai, by the time they try to enforce a subpoena.

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Wednesday, July 25, 2007

Our trusted media: calls for his head = Gonzales "loses ground"

the entire country is screaming for his firing or impeachment, but gonzales only "leaves senators questioning his candor and honesty...?" c'mon... i'd call it a load of understated crap if it wasn't so completely disingenuous as to defy credibility...
Gonzales loses ground on the Hill
His explanations leave senators questioning his candor and honesty.

WASHINGTON — Members of the Senate Judiciary Committee on Tuesday accused Atty. Gen. Alberto R. Gonzales of repeatedly misleading Congress and suggested that he had perjured himself in connection with statements to lawmakers about an anti-terrorism program.

the same thing's happening with bush... two-thirds of the country wants his head on a plate but you'd never know it from reading our proud, tell-it-like-it-is, "FREE" press...

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Tuesday, July 24, 2007

The consensus on Gonzo

everything i've read from virtually everybody about gonzo's testimony today essentially says the same thing, only not quite as well...
Forget about the politicization of the Justice Department. Forget about the falling morale there. Forget about the rise in violent crime in some of our biggest cities. Forget about the events leading up to the U.S. Attorney scandal and the way he has handled the prosecutor purge since. Forget about the Department's role in allowing warrantless domestic surveillance. Forget about the contorted and contradictory accounts he's offered before in his own defense.

Attorney General Alberto R. Gonzales deserves to be fired for his testimony Tuesday alone...

seems to me that it's been quite some time that there was anyone left who wanted him to stay besides george...

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The Vice President and his counsel can seek info on ongoing DOJ investigations

remember when senator sheldon whitehouse introduced this, the difference between white house/department of justice communication protocol under clinton vs. george bush, back at the senate judiciary committee hearing with gonzo on april 19...?



well, marcy - emptywheel - wheeler, posting in the next hurrah, highlights an even more disturbing part of gonzo's testimony today...
The exchange started with Whitehouse getting Gonzales to agree that the most likely avenue of improper influence in ongoing investigations was the White House...

[...]

Then he goes on to review a memo that Gonzales himself signed, actually extending the structure Ashcroft set in place. And while Ashcroft's memo made several attempts to tamp down this structure, in key ways he opened it up, explicitly for the Fourth Branch. Whitehouse describes how the memo describes that the lines of communication open to the White House will "apply in parallel fashion in communications with the OVP." And then he points specifically to a paragraph at the end of the memo reiterating the communications open to OVP. Gonzales, typically, claims to have no idea how those items got into a memo he signed personally.

[...]

Lovely. Cheney--whose own Chief of Staff was indicted and convicted for impeding an ongoing investigation--now has usurped access to ongoing investigations, for himself, his Chief of Staff, and his Counsel, courtesy of AGAG. David Addington, the architect of the Unitary Executive, now gets to know what DOJ is doing with ongoing investigations.

oh. my. freakin'. god... i didn't think it could get worse, but, as always, i am proven wrong - usually on a daily basis...

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So, we have more spying programs after all... We are SO-O-O-O-OO surprised...!

there's no news whatsoever in this story... not only do we have more spying programs being conducted by our government than they have previously admitted to, but alberto gonzales has been lying about their existence... DAMN...! lies, lies, and damn lies... nothing new to report here...
In his testimony today before the Senate Judiciary Committee, Attorney General Alberto Gonzales was asked by Sen. Arlen Specter (R-PA) to address inaccuracies in his 2006 testimony in relation to the Bush administration’s warrantless wiretapping program.

[...]
The disagreement that occurred was about other intelligence activities and the reason for the visit to the hospital was about other intelligence activities. It was not about the terrorist surveillance program that the president announced to the American people.

Today’s testimony contradicts what Gonzales had said previously. In June, Gonzales claimed that both he and Comey were referring to the same domestic spying program. “Mr. Comey’s testimony related to a highly classified program which the president confirmed to the American people sometime ago,” he said.

If Gonzales’ testimony is accurate today, then he is confirming the existence of a new administration spying program.

< yawn > just one more instance of our elected government lying through its teeth to its citizens...

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Saturday, July 14, 2007

BooMan on the invocation of inherent contempt and the coming showdown

i posted briefly yesterday on larisa's post on john dean's thoughts about harriet miers' refusal to respond to the subpoena of the house judiciary committee... i commented at the time that i thought it was interesting that no mention was made of inherent contempt charges... well, stupid me, i hadn't bothered going to john dean's findlaw post to read the whole thing... my bad... booman obviously did and has this to say...
Congress hasn't used [the power of inherent contempt] since 1934 and it would be a spectacle. The Congress would have the sergeant-at-arms arrest Harriet Miers and then she would face a trial in the House. The Department of Justice would not be involved. Inherent Contempt can be invoked in either house of Congress, so the Senate could do the same thing to Sara Taylor if they so desired. In the 1934 case the Senate convicted the postmaster general to 10 days in prison. He appealed it all the way to the Supreme Court and lost.

This is the beginning point to impeaching the president. Bringing Inherent Contempt charges against Miers will provide the kind of exotic storyline that will crystallize the extreme crisis that we are in for the public.

john dean...
[I]f Miers is found in contempt, the House itself can take action against her at the bar of the House. (The Senate can similarly hold such proceedings.) Congress has the power to prosecute contumacious witnesses to require them to comply, and the Supreme Court has repeatedly reaffirmed this power. For example, in 1987, in Young v. U.S., Justice Antonin Scalia recognized "the narrow principle of necessity" or "self-defense" of the Congress in protecting its institutional prerogatives. Scalia said "the Legislative, Executive, and Judicial Branches must each possess those powers necessary to protect the functioning of its own processes, although those implicit powers may take a form that appears to be nonlegislative, nonexecutive, or nonjudicial, respectively."

When all is said and done the only way Congress can protect its prerogatives is to undertake its own contempt proceedings. The parliamentary precedents of the House provide such procedures, by which Congress can effectively protect itself.

[...]

Given the clear attitude of conservative presidents, who are doing all within their power to make Congress irrelevant, Congress should turn to these underemployed precedents and put them back to work. The House and Senate Judiciary Committees should take the lead in reviving these procedures, and the Democrats' leadership should announce that they are embracing them.

If they do not, Fred Fielding has it right: Officials are absolutely immune from compelled Congressional testimony. Bush can simply tell Congress to stop sending subpoenas to his appointees. However, if Congress does engage in a little self-help at this crucial juncture, it can be sure that not only Harriet Miers, but also George Bush, will be forced to pay attention to congressional subpoenas - for the bottom line is that Congress will not need the cooperation of the other branches to enable it to conduct proper oversight.

booman concludes with this...
It is only when the battle becomes clearly a battle, not between parties, but between branches of government, that the Republicans will stand up and remove a president that they really have no use for. They won't remove him for torture, or illegal spying, or kidnapping, or voter fraud, but they'll consider it for usurping the powers of Congress. And if the president is going to stay the course in Iraq, they may well compel him to turn over the documents that will seal his fate.

i'm waiting, and not very patiently either...

and, for the umpteenth time, lest we forget, these stakes were spelled out by the bush administration last october...

"In fact, when it comes to deploying its Executive power, which is dear to Bush's understanding of the presidency, the President's team has been planning for what one strategist describes as 'a cataclysmic fight to the death' over the balance between Congress and the White House if confronted with congressional subpoenas it deems inappropriate. The strategist says the Bush team is 'going to assert that power, and they're going to fight it all the way to the Supreme Court on every issue, every time, no compromise, no discussion, no negotiation.'"

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Wednesday, July 11, 2007

Sara Taylor's testimony

TPMmuckraker is staying abreast of sara taylor's appearance today before the senate judiciary committee... this about sums up how it's going...
[T]aylor has actually answered a number of questions that would seem to be covered by privilege, but not others. Sen. Chuck Schumer (D-NY) later remarked that Taylor's willingness to answer certain questions had "weakened" the White House's claim of privilege.

sounds to me like she's been coached...

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