I’m no fan of either Jose Rodriguez or John Brennan. So I take no pleasure that the former is blaming the latter for a big intelligence scam carried out against the CIA back in the day.
As head of the multi-agency Terrorist Threat Integration Center in 2003 and 2004, Brennan disseminated to the Bush White House a stream of CIA intelligence from a bogus source, former CIA officials say. Ridiculed by some with the CIA, the bogus intelligence nevertheless led to disruption in the U.S. and abroad, including an orange terror alert and the cancellation of dozens of international flights.
At the CIA, the information was controversial from the beginning, and many agency officials said at the time that it should not have been distributed. Jose Rodriguez, who was directing the CIA’s Counterterrorism Center, said the CTC viewed the intelligence as “crazy.”
“We were very skeptical,” Rodriguez recalled.
“It was briefed by John. He was the guy who was bringing it there,” said Rodriguez, who added that he believes Brennan was trying to build up his own profile. “My own view is he saw this, he took this, as a way to have relevance, to take something important to the White House.”
But I am interested in why Rodriguez is doing this now–particularly since, as Defense News points out, he chose not to do so in his own book.
I can think of three possible reasons this is coming out now–they’re all wildarsed guesses. It’s possible that Brennan’s star is fading, so he’s vulnerable now in a way he wasn’t before.
It’s possible that some story behind the underlying scam this guy–Dennis Montgomery–carried out against the government is about to unfold. →']);" class="more-link">Continue reading
Coming across the wire this morning was this stunning announcement by the Department of Justice:
Statement of Attorney General Eric Holder on the Resignation of U.S. Attorney for the District of Arizona Dennis Burke 08/30/2011 01:01 PM EDT
“United States Attorney Dennis Burke has demonstrated an unwavering commitment to the Department of Justice and the U.S. Attorney’s office, first as a line prosecutor over a decade ago and more recently as United States Attorney,” said Attorney General Holder.
Say what? Maybe I am not as plugged in as i used to be, but holy moly this came out of the blue. What is behind the sudden and “immediate” resignation of Dennis Burke, an extremely decent man who has also been a great manager of the Arizona US Attorney’s Office through some of the most perilous times imaginable? The USA who has piloted the office in dealing with such high grade problems such as those stemming from SB1070, to traditional immigration issues, to the Giffords/Loughner shooting tragedy, the corruption and malfeasance of the Maricopa County Sheriff’s Office to voting rights and redistricting controversies brought on by the ever crazy Arizona Legislature, has now resigned in the blink of an eye? Really?
The GunWalker mess. Also known as “Project GunRunner” and “Operation Fast and Furious” (yes, the idiots at ATF actually did call it that). From the Arizona Republic:
Burke’s resignation, effective immediately, is one of several personnel moves made in the wake of a federal gun-trafficking investigation that put hundreds of rifles and handguns from Arizona into the hands of criminals in Mexico. Burke’s office provided legal guidance to the federal Bureau of Alcohol, Tobacco and Firearms on the flawed initiative called Operation Fast and Furious.
The news comes on the same day as a new acting director was named to oversee the Bureau of Alcohol, Tobacco, Firearms and Explosives following congressional hearings into Fast and Furious, an operation that was aimed at major gun-trafficking networks in the Southwest.
Irrespective of the name attached to the program – I have always known it as the GunWalker operation, so i will stick with that – is has been a first rate clusterfuck from the outset. And, unlike so many things bollixing up the government, it cannot be traced back to the Bush/Cheney →']);" class="more-link">Continue reading
According to the Virginia Bar and in a filing that she agreed with, Monica Goodling committed “a criminal or deliberately wrongful act” that reflected badly on her “honesty, trustworthiness or fitness to practice law.”
Monica Marie Goodling, the key figure in the controversy about the political hiring and firing of U.S. Attorneys during the Bush Administration, has received a public reprimand from the Virginia State Bar.
A VSB subcommittee concluded that Goodling, a member of the VSB since 1999, had violated ethics rules by committing “a criminal or deliberately wrongful act” that reflected adversely on her “honesty, trustworthiness or fitness to practice law.” The subcommittee’s reprimand, to which Goodling agreed, was handed down in March and made public late yesterday.
Mind you, they stopped short of finding it an illegal act, largely because she broke civil service rules rather than other criminal laws.
And maybe it doesn’t matter, since she’s working in market research now and not–unlike Kyle Sampson, for example–practicing law.
But labeling what Goodling and others did to politicize the Bush DOJ as “criminal or deliberately wrongful” is at least a start to describing what they did.
Remember the entire point of Karl Rove’s plot to fire a bunch of US Attorneys and replace them with partisan hacks? It was to advance the political career of the new USAs.
Perhaps his most prominent success on that measure is Chris Christie. Though Christie abandons his state even in the face of blizzards–and then blames the resulting chaos on New Jersey’s cities–he is still (implausibly) mentioned as a potential 2012 presidential candidate.
But the true measure of Rove’s success at politicizing the DOJ comes in the form of Tim Griffin.
Griffin, you’ll recall, has a history of leading the GOP’s vote caging operations in 2000 and 2004. Seemingly to reward Griffin for doing such important dirty work–and also to boost the career of such a loyal hack–Rove pushed hardest to make sure that Griffin got the US Attorney position he wanted in his native Arkansas. And though he only stayed on the job until it became clear the Republicans were trying to “gum [his appointment] to death”–to basically run out the clock on any confirmation–he was actually only US Attorney for a matter of months.
No matter, between that and solid GOP backing, Griffin won election to Arkansas’ 2nd Congressional District.
And now, TPMM reports, Griffin has been placed by Republicans on the House Judiciary Committee, the committee that spent months investigating the politicization of justice for which Griffin was the most obvious symbol.
Well, we had the equally corrupt Hans Von Spakovsky at the FEC (not to mention as head of DOJ’s Civil Rights Division), so I guess we’ll survive Tim Griffin’s “oversight” of the Judiciary Department. But if you were in any doubt about Republican’s goals to continue to politicize justice in this country, Griffin’s selection for HJC should answer that question.
Alex, I’m going with – “What is getting a prosecutor fired for not complying with your political agenda?”
The investigation (not of the U. S. Attorney firings despite misleading headlines) into the Iglesias firing is done. bmaz is ready to change his name to Carnac and Holder’s Department of Justice has shot off a letter-ary masterpiece to the House Judiciary Committee (HJC). As per Carnac’s bmaz’s predictions, no charges.
What bmaz could not have predicted, but did link to in his post, is the actual content of the letter sent to Conyers. I don’t think anyone would have predicted the cavalier way in which Holder’s DOJ reaches its seemingly predetermined decision, while providing a roadmap to other legislators who’d also like to get a prosecutor fired for political convenience. Dannehy and Holder explain to Members of Congress – if a Federal prosecutor isn’t filing or refraining from filing the cases you want, feel free to covertly conspire to get him fired. As long as you don’t make any misguided attempt to “influence” him before you get him fired, you’re good to go. Oh, and btw, phone calls to him at home to fume over his handling – not to worry, those doesn’t count as an attempt to influence.
Stripped and shorn, Holder and Dannehy have said –
1. We aren’t gonna investigate anything but Iglesias and we aren’t saying why: “The investigative team also determined that the evidence did not warrant expanding the scope of the investigation beyond the removal of Iglesias.”
WHAT EVIDENCE? They freakin didn’t expand the scope of the investigation to see what evidence there was, then they decide, oh well, we don’t have any of the evidence we didn’t look for so we shouldn’t look for it since we don’t have it … whatever.
2. Hey, yeah, Domenici DID make a contact to smack on Iglesias about the handling of a matter currently in front of the USA’s office but: “The evidence about the call developed in the course of Ms. Dannehy’s investigation, however, was insufficient to establish an attempt to pressure Mr. Iglesias to accelerate his charging decisions.”
So similar to the lack of intent to torture – I mean, if Domenici in good faith thought he was just gathering intel on the status of political prosecutions … um, let’s move on.
3. Instead of trying influence Iglesias, Holder and Dannehy think that Domenici *just* got Iglesias fired for not pursuing political bias in his prosecutions. “The weight of the evidence established not an attempt to influence but rather an attempt to remove David Iglesias from office, in other words, to eliminate the possibility of any future action or inaction by him.”
4. This, they say, is fine. Seriously. They say there’s nothing DOJ can do about it. It’s no problem for politicians to get DOJ lawyers fired for not being political lapdogs. But to be fair, they then finish up by saying both, “In closing, it is important to emphasize that Attorney General Holder is committed to ensuring that partisan political considerations play no role in the law enforcement decisions of the Department” and (bc that wasn’t really the closing after all) “The Attorney General remains deeply dismayed by the OIG/OPR findings related to politicization of the Department’s actions, and has taken steps to ensure those mistakes will not be repeated.”
HUH? They’ve just said it is perfectly legal for politicians to get USAs who won’t do their political bidding fired by covert contacts with the WH, but Holder is “committed” to ensuring partisan political considerations play no role at DOJ? WTH? I guess if you put those two concepts together and held them in your mind for long, you’d end up committed too.
5. Anyway, they pull all of this off by giving a Bybee-esque review of “18 U.S.C. § 1503 [that] punishes anyone [at least, anyone the DOJ selectively decides to prosecute] who ‘corruptly . . . influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice.” It’s a simple thing – according to Holder and Dannehy, Domenici didn’t try to “influence” Iglesias, he just had Iglesias fired. Which obviously isn’t an attempt to obstruct or impede. I mean, there’s nothing that *doesn’t impede* a case like getting the prosecutor handling it fired.
They also explain to us that they can’t go after Domenici for trying to get, then getting, Iglesias fired – at least, not under 18 USC 1503, because that section “penalizes only forward-looking conduct.” So Domenici would have to be doing something that would involve forward-looking conduct. And after all, as they just said (see 3 above) Domenici wasn’t trying “in other words, to eliminate the possibility of any future action or inaction by [Iglesias].” Oh, except for, you know, they actually say in the letter that’s exactly what Domenici WAS doing. Trying to affect future action or inaction – in a forward-looking way with his forward-looking conduct.
This clarifies so many things. Who knew, until now, that the only person who got things right during the Saturday Night Massacre was Robert Bork?
Nixon wrote the first act in DOJ’s current play (which is only fair, since he also wrote their anthem that it’s not illegal if the President does it) when he arranged for the firing of prosecutors who were bugging him, but in response to a livid Congressional response, using words like impeachment and obstruction, said:
“…[I]n all of my years of public life, I have never obstructed justice. And I think, too, that I can say that in my years of public life that I’ve welcomed this kind of examination, because people have got to know whether or not their President’s a crook. Well, I’m not a crook!”
And now Dannehy and Holder have made that chapter and verse – nothing wrong with firing some prosecutors if they aren’t playing politics. Poor Karl Rove – so much trouble could have been avoided if he had just known that a Democratic administration’s DOJ would take the position that it would be perfectly ok for him to get Bush to fire Fitzgerald (something that apparently made even Buscho lawyers Gonzales and Miers flinch) – no obstruction, no impeding – as long as Rove never tried to “influence” the prosecutor first.
And now DOJ prosecutors now know exactly how things work. It’s been spelled out. No one will try to influence them. It’s just that if they aren’t making Obama’s favorite politicians and fundraisers happy, well – their career may have a little accident.
With AGeewhiz’s like Holder, we can rest easy. Gonzales may have been afraid to come out and state DOJ’s policy plainly. He never quite coughed out the admission that it is DOJ policy that Republican Senators who conspire with the Republican WH to get prosecutors fired for not carrying out the Republican Senator’s political agenda are acting well within their rights. Holder is not nearly so timid. He’s spelled it out. Prosecutors are fair game for Congresspersons, at least those with the right WH ties.
I guess we should be grateful he hasn’t handed out paintball guns to Democratic legislators and encouraged them to mark the weak links in his legal herd – the ones that haven’t been compliant enough to keep their jobs.
At least, not yet.
And besides, haven’t we already learned what Holder just told Conyers in that letter?
Firing the Republicans in 2006 and 2008 didn’t impede or obstruct the attacks on the rule of law one little bit.
Update: On the good news front – Happy Day fatster!
As several folks have noticed in comments, the results are in from the
Nick and Nora Dannehy DOJ investigation into the US Attorney firings by the Bush/Cheney Administration. And, shockingly, the Obama/Holder Department of Justice just cannot find any conduct, not one single instance, worthy of criminal prosecution.
From the official six page letter from DOJ Main’s AAG, Ronald Welch, making the belated and pitiful report to Judiciary Chairman John Conyers,
This supplements our earlier response to your letter of October 2, 2008, which requested information about the appointment of Assistant United States Attorney Nora R. Dannehy of the District of Connecticut to detennine if criminal charges are warranted based on certain findings in the public report of the Office of the Inspector General (OIG) and the Office of Professional Responsibility (OPR) (collectively OIG/OPR) entitled “An Investigation into the Removal of Nine U.S. Attorneys in 2006″ (Report). We are sending identical responses to the other Members who joined in your letter to us. As more fully explained below, Ms. Dannehy has detennined that no criminal charges are warranted with respect to this matter.
In closing, it is important to emphasize that Attorney General Holder is committed to ensuring that partisan political considerations play no role in the law enforcement decisions of the Department. In this instance, Ms. Dannehy, a long time career prosecutor, was asked only to assess the possible criminality of the actions described in the OIG/OPR report, to conduct such additional investigation as necessary to make that assessment, and to determine whether anyone made prosecutable false statements to Congress or OIG/OPR. The Attorney General appreciates the work of Ms. Dannehy and her investigative team and has accepted her recommendation that criminal prosecution is not warranted.
The Attorney General remains deeply dismayed by the OIG/OPR findings related to politicization of the Department’s actions, and has taken steps to ensure those mistakes will not be repeated. The Attorney General also appreciates the work of the Inspector General and the Office of Professional Responsibility on this matter.
We hope that this information is helpful. Please do not hesitate to contact this office if we can provide additional assistance regarding this or any other matter.
The whole letter is here and speaks for itself if you care to read it.
This is entirely what anybody with a lick of sense should have expected from the forward looking modus operandi of the Obama Administration. The one note I would make is that Dannehy’s “investigation” was never a full fledged inquiry into the entire matter; the focus was set at, and remained, on David Iglesias’ complaint, which was not phrased all that compellingly by Iglesias to start with, and was further muddled by the antics of Scott Bloch. Little but lip service was given to the remainder of the sordid picture of Purgegate. You might remember Scott Bloch, the “professional” Iglesias was so sure would do the right thing and get to the bottom of the abuse engendered upon Iglesias.
In other news, the Obama/Holder DOJ recently announced they have no problem with Scott Bloch getting off with probation on his criminal plea of guilt.
The Obama White House loves tidy little packages, and they have clearly wrapped one up here. Any more questions about how the big John Durham “preliminary review” will come out?
Coming late in the day (h/t Fatster) is the somewhat weak and ineffectual response from Judiciary Chairman John Conyers. Acceptance and resignation continue to rule the day. Every day.
Remember the plaintive cries of Democrats and progressives about the wrongful politicization of the Department of Justice by the Bush/Cheney Administration? Remember the stunning chart Sheldon Whitehouse whipped out at a Senate judiciary hearing on Alberto Gonzales’ tenure as AG showing how politicized the hallowed independent prosecutorial discretion of the DOJ had become under Bush, Cheney and Gonzales? The one that Pat Leahy called “the most astounding thing I have seen in 32 years”?
That was in late April of 2007, little more than three years ago. Despite the most fervent hope of a Democratic and progressive base that they were voting to change the wholesale invasion of the prosecutorial discretion by the White House political shop (along with so, so many other things), it appears little has changed. In fact, the invasion of province appears to be being writ larger and more profound. From Jerry Markon in the Washington Post:
Now, the decision on where to hold the high-profile trials of Mohammed and four others accused of being Sept. 11 conspirators has been put on hold and probably will not be made until after November’s midterm elections, according to law enforcement, administration and congressional sources. In an unusual twist, the matter has been taken out of the hands of the Justice Department officials who usually make prosecutorial decisions and rests entirely with the White House, the sources said.
“It’s a White House call,” said one law enforcement official, who spoke on condition of anonymity to discuss internal deliberations. “We’re all in the dark.”
The delays are tied to the administration’s broader difficulties in closing the U.S. military prison at Guantanamo Bay, Cuba — where Mohammed and the other detainees are held — and are unlikely to affect the outcome of a trial that officials vow will be held at some point. But people on all sides of the debate over whether Mohammed should be tried in federal court or before a military commission expressed frustration that nearly nine years after Sept. 11, justice for the attacks seems so elusive.
“It’s important that these trials actually take place, and soon,” said Jameel Jaffer, director of the national security project at the American Civil Liberties Union, which has long pushed for the trials to be held in federal court. “It’s not just that people held for long periods of time in government custody deserve to contest the evidence against them. It’s also that these trials are important to the country.”
For all the hope and change, nothing has changed. Toying with the root charging and prosecutorial functions and discretion of the Department of Justice as a way to respond to the prevailing political winds is a craven path for the Obama Administration to take. And hanging Attorney General Eric Holder and his Department out to dry in those winds is despicable political and executive cowardice.
So, on this fine Fourth of July, as we celebrate America’s independence and reflect on our founding principles, it would be wise to remember, and refresh the recollection of the Obama Administration, →']);" class="more-link">Continue reading
In January of 2009, right after Obama’s inauguration, there was a swell feel good buzz about the fact David Iglesias, the media darling face of Bush US Attorney Purgegate victimology, had been tapped to be part of a special team of prosecutors to bring sanity to the detention and prosecution of Guantanamo detainees. Iglesias said:
We want to make sure that those terrorists that did commit acts will be brought to justice — and those that did not will be released.
As with so many other facets of the nascent Obama Administration’s promise on the interests of justice, it appears to have been shiny window dressing for the same old story, same old song and dance. A year and change later the same duplicity, bad faith, and specious claims based on vapor and evidence from torture permeates the Obama handling of Gitmo detainees as it did under Bush and Cheney. That is not my conclusion, not that of the “far left progressives”, but that of impartial Federal judges like Henry H. Kennedy.
And today we have yet another reminder that nothing has changed. Iglesias, the photogenic exemplar of A Few Good Men is being walked out once more to shill for the return of Gitmo Show Trials. From Carol Rosenberg:
For hearings on whether U.S. forces tortured confessions out of a Canadian teenager accused of killing an American soldier in Afghanistan, the Pentagon Monday unveiled a new face to advocate military commissions:
Fired former Bush-era prosecutor David Iglesias, a key figure in the so-called Attorney-Gate scandal. He was mobilized last year to the war court as a U.S. Navy Reserves captain.
Monday, Capt. Iglesias was part of a Pentagon prosecution team going to Guantánamo for up to two weeks of hearings on which, if any, of Omar Khadr’s confessions cannot be presented to a jury at his summertime trial.
The chief war crimes prosecutor, Navy Capt. John F. Murphy, is leading the Khadr team in court. So the Pentagon tapped Iglesias to brief 35 reporters leaving from Andrews Air Force Base on Monday for the remote U.S. Navy base in Southeast Cuba, a larger than usual number of worldwide media traveling to the base for this week’s hearings. Many are Canadian.
Earlier in his Navy lawyer career, Iglesias has said, he worked on a hazing case that became a basis for the Hollywood hit set in Guantánamo, A Few Good Men, starring Tom Cruise and Jack Nicholson. Since then he has emerged a telegenic critic of Bush era policies.
So there you have it, the white knight Iglesias is not leading the legal charge cleaning up the detention/Habeas cases and prosecution status of the rickety and ill defined military commission effort, he is serving as the used car huckster for the old status quo. I guess Cal Worthington and his dog Spot were not available.
Lest anyone mistake the cravenly serious nature of what is really at stake here, Iglesias is being trotted out to sell a return to military commissions with few established known standards, that have been scorned and blasted by a conservative Supreme Court and, just for kicks, the government is fighting tooth and nail – complete with Holywood Iglesias – for the admissibility of tortured confessions from a child, Canadian Omar Khadr, in a military tribunal to be convened at Guantanamo. Gitmo, the gulag Obama railed on while a candidate and promised to close within →']);" class="more-link">Continue reading
The AP story on the Salt Pit death makes it clear that–at a time when Dusty Foggo was Executive Director of CIA–he was involved in an internal review of the death.
The current U.S. official insisted that the case was adequately scrutinized. The official also said a CIA accountability review board was held in connection with the death.
The CIA declined to discuss whether the two agency officers cited in the inspector general’s report were punished.
But when the case was put before Kyle D. Foggo, the CIA’s third-ranking officer at the time, no formal administrative action was taken against the two men, said two former intelligence officials with knowledge of the case.
This review must have happened some time after fall 2004, when Foggo started in the ExDir position (it seems to have been a follow-on to the CIA IG Report). That means that Foggo’s decision not to act against any of the people in the Salt Pit killing came at around the same time that his girlfriend was hired at CIA’s Office of General Counsel over the objections of staffers within OGC. That’s significant because among the people in the chain of authorization between the Bybee Memo and the torture was then OGC head John Rizzo, who intervened to make sure Foggo’s girlfriend got and stayed hired.
Details of how Foggo got his girlfriend hired appeared in the sentencing documents for his conviction in the Brent Wilkes/Duke Cunningham case (they were included not just to show Foggo’s corruption, but also because, over the course of the case, Foggo had repeatedly claimed to be happily and faithfully married).
As William Mitchell of the CIA Inspector General’s office described, Foggo’s girlfriend, ER, was at first rejected by OGC because she had previously been investigated for having an affair with her boss (elsewhere the sentencing materials include Foggo’s claim that “she didn’t fuck him”), and then destroyed evidence to cover up the affair. But after OGC rejected her application, Foggo harassed the Managing Associate General Counsel of CIA, who then passed on Foggo’s concern to then Acting General Counsel John Rizzo.
Wasting no time in paying off Ralph Marra for politicizing a bust of a bunch of Democrats this summer, Chris Christie has already indicated he will name Marra to be his Attorney General. (h/t Main Justice)
Knowledgeable Republican sources say that newly-elected Gov. Christopher Christie will name U.S. Attorney Ralph Marra as New Jersey’s new attorney general in January, after Christie is sworn in.
Any bets on which other AUSAs Christie will be bringing into state government as pay-off?