January 1, 2026 / by 

 

Cliff May: N_O Reading, ‘Riting, or ‘Rithmetic

Some lessons on the 3 Rs for the Cliff May and the other folks at N_O, who apparently don’t know this stuff.

Reading

First, read before you write. Because when you write, 

Under a strict set of rules, every pour of water had to be counted — and the number of pours was limited.

Also: Waterboarding interrogation sessions were permitted on no more than five days within any 30-day period.

No more than two sessions were permitted in any 24-hour period.

A session could last no longer than two hours.

There could be at most six pours of water lasting ten seconds or longer — and never longer than 40 seconds — during any individual session.

Water could be poured on a subject for a combined total of no more than 12 minutes during any 24 hour period.

You might want to know that the guidelines you pretend protected Abu Zubaydah and Khalid Sheikh Mohammed come from the 2005 memos, more than two years after AZ and KSM were waterboarded  So while you might regard them as strict and reasonable (I don’t), they didn’t have any bearing on what happened to AZ and KSM.

The guidelines in the 2002 memo–the ones in place when AZ and KSM were waterboarded–said, 

Finally, you would like to use a technique called the "waterboard" in this procedure, the individual is bound securely to an inclined bench, which is approximately four feet by seven feet. The individual’s feet are generally elevated. A cloth is placed over the forehead and eyes. Water is then applied to the cloth in a controlled manner. As this is done, the cloth is lowered until it covers both the nose and mouth. Once the cloth is saturated and completely covers tbe mouth and nose, air flow is slightly restricted for 20 to 40 seconds due to the presence of the cloth. this causes an increase in carbon dioxide level in the individual’s blood. This increase in the carbon dioxide level stimulates increased effort to breathe. This effort plus the cloth produces the perception of suffocation and incipient panic," i.e., the perception of drowning. The individual does not breathe any water into his lungs. During those 20 to 40 seconds, water is continuously applied from a height of twelve to twenty-four inches. After this period, the cloth is lifted, and the individual is allowed to breathe unimpeded for three or four full breaths. The sensation of drowning is immediately relieved by the removal of the cloth. The procedure may then be repeated. The water is usually applied from a canteen cup or small watering can with a spout. You have orally informed us that this procedure triggers an automatic physiological sensation of drowning that the individual cannot control even though he may be aware that he is in fact not drowning. You have also orally informed us that it is likely that this procedure would not last more than 20 minutes in any one application. [my emphasis]

Your "strict set of rules," such as they existed when Abu Zubaydah was waterboarded 83 times in a month and Khalid Sheikh Mohammed 183 times in a month, did describe air flow being restricted for only 40 seconds (though the term "restricted" refers to air flow, not to the rules themselves). Though the only limit on "session" time comes from an oral assurance that "it is likely" to last no more than 20 minutes.

Furthermore, even if those 2005 guidelines were in place in 2002 and 2003 when these men were waterboarded 83 and 183 times, that would not prove your case, because we know AZ’s and KSM’s torturers didn’t follow the rules.

The IG Report noted that in some cases the waterboard was used with far greater frequency than initially indicated, see IG Report at 5, 44, 46, 103-04, and also that it was used in a different manner. See id. at 37 ("[T]he waterboard technique  … was different from the technique described in the DoJ opinion and used in the SERE training. The difference was the manner in which the detainee’s breathing was obstructed. At the SERE school and in the DoJ opinion, the subject’s airflow is disrupted by the firm application of a damp cloth over the air passages; the interrogator applies a small amount of water to the cloth in a controlled manner. By contrast, the Agency Interrogator …  applied large volumes of water to a cloth that covered the detainee’s mouth and nose. One of the psychologists/interrogators acknowledged that the Agency’s use of the technique is different from that used in SERE training because it is "for real–and is more poignant and convincing.") [my emphasis] 

Whatever the rules were–20 minutes, 12 sessions, 40 seconds–it doesn’t matter. Both in terms of the frequency guidelines and amount of water (and some other important physical limits), the torturers broke the "strict rules" you’ve got such confidence in.

‘Riting

Next, two writing lessons.

First, when writing online, it is generally considered good form to include links.  Because when you include links, your readers will be able to figure out if you pull cute tricks like use rules written in 2005 to defend practices that happened in 2002 and 2003. Who knows? Your readers might even rescue you from your confusion!! 

Next, a lesson in putting words in your interlocutor’s mouths. See this sentence?

How many times have you read and heard in the mainstream media that terrorists were waterboarded more than 180 times?

Now, see this one, where you pretend to refute the first one?

According to two sources, both of them very well-informed and reliable (but preferring to remain anonymous), the 180-plus times refers not to sessions of waterboarding, but to “pours” — that is, to instances of water being poured on the subject.

See what’s missing in the first sentence that appears in your oh-so-clever second sentence? The words "session" and "pour." You see, no one–as far as I know–really cares whether the 183 number means six times a day some torturer hauled KSM out of his cell and strapped him onto the waterboard for 40 seconds or whether the torturer just turned a stream of water off and on over KSM’s mouth like he was watering daisies. The "session" versus "pour" distinction is pretty pointless to most of us. But you see, most of us also happen to think the notion of forcing someone to go through controlled drowning 183 times in a month–whether or not they were brought back to their cell in between–is still barbarous and sick.

So when writing, you should try to avoid claiming your interlocutors said something they didn’t.

‘Rithmetic

Okay, math. Let’s take the rules that you find so reasonable (there’s some more room to fudge in the rules as written in the 2005 memos, if they’re treated not as strict rules, but for simplicity sake, we’ll use yours)  and calculate how many times they allow someone to be waterboarded ("pours," if you will) in a month. First, here’s how the May 30, 2005 memo described the number of times Khalid Sheikh Mohammed was waterboarded.

The CIA used the waterboard … 183 times during March 2003 in the interrogation of KSM.  

So, 183 times in March 2003.

You say, 

Waterboarding interrogation sessions were permitted on no more than five days within any 30-day period. 

The spirit of this restriction might allow you waterboarding sessions on only 5 days in March 2003, but since March has 31 days, let’s, for the sake of thoroughness, say you’re allowed waterboarding sessions on six days, including both March 1 and March 31 among them. So during March 2003, according to the rules you find reasonable, KSM could have been waterboarded on six different days.

Next, you say,

 No more than two sessions were permitted in any 24-hour period.

So on each of the six days in March you’re waterboarding KSM, you can have two separate waterboarding sessions. 6 X 2 = 12. So you can waterboard KSM in March 2003 on 12 waterboarding sessions, total.

Finally, you say, 

There could be at most six pours of water lasting ten seconds or longer — and never longer than 40 seconds — during any individual session.

So in each of those 12 sessions, you could only pour (assuming each one lasts at least 10 seconds, though I anticipate you’ll soon be making distinctions between "sessions," "pours," and "drips," the latter being pours that got counted but never got a good 10 second stream of water going) a total of 6 times. 12 X 6 = 72. 

According to the rules you find so eminently reasonable, the maximum number of times KSM should have been waterboarded ("pours") in March 2003–or AZ should have been waterboarded in August 2002–was 72.  

But wait a second! We know that Abu Zubaydah, even at 83 waterboards in a month, significantly exceeds your reasonable number. And KSM? Two and half times the limit!! 

You see, once you learn your 3 Rs (Reading, ‘Riting, ‘Rithmetic) then you realize that even according to rules you find as eminently reasonable–but that many of the rest of us find barbarous and chilling in their false exactitude–even according to the rules, they went far, far beyond the limits. 


Liz Cheney: I’m Proud My Daddy Is the Prime Mover of Torture

The biggest piece of news from this exchange? Liz Cheney’s assertion that (only) two of the three detainees who were waterboarded (speaking of Abu Zubaydah and Khalid Sheikh Mohammed) provided valuable intelligence. Or, to put it another way, Rahim al-Nashiri did not provide valuable intelligence. 

Shorter Liz Cheney: "In addition to frivolous waterboarding number 83 for Abu Zubaydah my Daddy ordered up, he also ordered Rahim al-Nashiri to be frivolously waterboarded. And I’m proud of my Daddy’s torture because torturing someone 83 times for 10 pieces of intelligence is very effective."

Here’s the, um, transcript. At least this is what I heard…

Norah: Was your Daddy the "prime mover" of this process?

MiniCheney: I won’t answer the question. Instead let’s talk about why Eric Holder didn’t read the "Effectiveness Memo" created as a prop for the Bradbury torture memos to refute the IG Report’s conclusion that the torture program wasn’t effective. 

Norah: We”ll get to whether torture justifies the ends in this program.

MiniCheney: Norah, just because everyone knows this is torture doesn’t make it so. We have a SERE program so people are exposed to how false confessions are created. And we took that SERE program and exceeded the guidelines on the SERE program. But that’s not torture at all, not at all. In fact, it’s a very effective means to generate false confessions.

Norah: MiniCheney, the CIA on its own stopped waterboarding. The US prosecuted people for waterboarding. 

Norah: Dennis Blair said we don’t know whether the information could have been obtained by other means. The damage that is done has far outweighed what we got.

MiniCheney: Blair said we got understanding, but I’m going to call that very important. The White House censors, I just make shit up. 

Norah: Why doesn’t your Daddy own up that he was the prime mover in this?

MiniCheney: Once again, I won’t say whether or not Daddy was the prime mover. But he didn’t direct any lawyers. And besides, did you know that OLC included limits on this torture that those who developed this program, like my Daddy, had no intention of following? That proves that this is not torture. But I won’t answer questions about whether my Daddy was the prime mover of this program. 

Norah: Let me show what the memos actually say.

MiniCheney: Eeeeek!!!! Not the memos!! I’m melting!!!!

Norah: Your Daddy and Condi were in these meetings. But Powell and Rummy weren’t. Why won’t you say your Daddy was the prime mover of this program?

MiniCheney: I’m going to blame Powell anyway.

MiniCheney: The lawyers’ opinions were sought to make sure that the program that the NSA … wait a second. Are we talking about Daddy’s illegal wiretap program or Daddy’s illegal torture program? Oh yeah! … Torture! CIA!! to make sure the CIA stayed within the law. 

Norah; Listen to you!!! "How far we can go"?!?!?

MiniCheney: That’s right! Isn’t that cool?!

Norah: This is an important point.

MiniCheney: Yes, little girl, it’s a very very important point. Now now. But don’t you know? We Cheneys control the agenda on NBC. So I’m not going to let you make that point. 

Norah: Geneva Convention. America. Beacon in the world.

MiniCheney: [Glaring condescendingly at such childish foolishness]

MiniCheney: I get your point Norah, now shut up. We used a program of false confessions, and therefore this is not torture, it’s a program to create false confessions.

MiniCheney: This argument about the Geneva Conventions is all very emotional and girlie, Norah.

MiniCheney: And I think it’s important for the American people to hear only our argument laid out. 


GAO: Advanced Hybrids May Not Be Best Way for GM to Rebound

picture-98.pngThere’s a lot of good information (and bleak news) in this GAO report on GM’s and Chrysler’s efforts to become viable again–including this picture that shows the key relationships in the industry and the credit that underlies each of those relationships.

But I wanted to point to GAO’s explanation of something I’ve often argued–to much skepticism here and elsewhere. Investing heavily in new technologies like hybrids may hurt GM’s efforts (certainly in the short term) to become more viable.

In a section addressing the things that GM and Chrysler aren’t doing to achieve viability, GAO warns that advanced technology vehicles don’t have the return on investment GM needs to become profitable again.

Several panelists noted that not only is developing advanced technology vehicles expensive, but also the return on the investment in those vehicles can be low because the initial demand for new technologies can be slow to develop. For example, the Toyota Prius was on the market for 10 years before reaching 1 million units sold. According to our panel, given the high development costs and low initial demand, especially if gasoline prices remain relatively low, these new vehicles are not likely to generate a profit for several years. Thus, changing the companies’ product mix to include more advanced technology vehicles may not be the best way to improve the financial bottom line in the short term. Furthermore, at least one panelist questioned whether the necessary energy infrastructure, such as electrical outlets to charge batteries, will be available to support these new technologies. Without adequate infrastructure, consumers will be reluctant to purchase these new advanced technology vehicles. GM officials acknowledged these challenges but indicated that the company decided to continue investing in advanced technologies even during the current financial crisis because they need this technology in their fleet to help meet federal fuel economy standards in the future. In addition, GM officials said they are planning for higher oil prices than current futures market expectations, in order to make GM’s plan more robust against oil price volatility. [my emphasis]

Now, frankly GM is right to remain committed to the Volt even given such challenges. The Prius took a long time to become profitable, but the halo effect Prius has had on Toyota’s overall brand is one of the main reasons people believe a company that invested heavily, strategically, in the Tundra is all about gas efficiency.

But I wanted to point out that even GAO presents GM’s focus on things like the Volt as a challenge to returning to profitability, not the primary means to do so.


Jerrold Nadler: We Must Investigate Torture … and Fix State Secrets

nadler.thumbnail.jpgJane and I had a chat yesterday with Jerrold Nadler (D-NY), the Chair of the House Subcommittee on the Constitution, Civil Rights, and Civil Liberties, to talk about his call for a special prosecutor to investigate the torture program. Chairman Nadler was clear:  "You don’t have much choice under the law–you have to investigate." The law requires, he explained, that such allegations be investigated. And if warranted, suspected crimes associated with torture must be prosecuted.

Nadler repeated, though, an important point. That the Justice Department, not the White House, must make these decisions. But, since the Department is implicated because of Bybee’s and Yoo’s role in the memos, we should have a Special Prosecutor to conduct the investigation.

As important as are Congressman Nadler’s calls for a special prosecutor, I was just as interested in his discusison about his efforts to introduce some checks on the use of state secrets to avoid prosecution. Nadler has introduced a bill that would introduce a process akin to the CIPA process (used during the Scooter Libby trial), where a judge would review evidence both to determine standing in a case, as well as determine whether substitutions for sensitive national security information could be used to litigate the case.

The bill, Nadler explained, is awaiting a committee hearing. But he is trying to get some support from DOJ for the bill before entering into hearings. Nadler recently met with Attorney General Eric Holder on this and a host of other issues (enemy combatant doctrine, the al-Marri case, warrantless wiretapping, the OPR investigation, as well as the torture memos). And, Nadler says, Holder seemed to agree to the principle, at least, of having some kind of CIPA-like process to state secrets.

Ultimately, Nadler contends (absolutely correctly, IMO), that the government should not be able to dismiss a suit by withholding evidence under state secrets. 

Between the Jeppesen Dataplan suit, the Binyam Mohammed suit, al-Haramain and all the rest of the warrantless wiretapping suits, preventing the government from demanding dismissal of a suit because of state secrets would go a long way to ensuring accountability when the government breaks the law. 


And Did James Mitchell Also Write the Psychological Profile of Abu Zubaydah Bybee Used?

I think Spencer and I are just going to keep tag-teaming the torture memos.

He writes about something I’ve been thinking: to what degree was James Mitchell, almost certainly the contractor involved in making the case that they needed to use torture to get information out of Abu Zubaydah, making that case so he could win a hefty contract?

But is it too cynical to suggest that Mitchell also had an interest in saying that Soufan and the FBI’s (and apparently, in part, CIA’s) non-brutal techniques failed? From page 24 of the Senate Armed Services Committee report:

Subsequent from his retirement from DoD [the Department of Defense], Dr. Jessen joined Dr. Mitchell and other former JPRA [Joint Personnel Recovery Agency, which oversees SERE] officials to form a company called Mitchell Jessen & Associates. Mitchell Jessen & Associates is co-owned by seven individuals, six of whom either worked for JPRA or one of the service SERE schools as employees and/or contractors. As of July 2007, the company had between 55 and 60 employees, several of whom were former JPRA employees.

Science may be science, but money is money.

But Mitchell may have done more than certify that the only way to get Abu Zubaydah to speak was to waterboard him. He may have been the guy who did the psychological profile that found him fit to be waterboarded.

The May 30, 2005 memo attributes an incredibly chilling comment, acknowledging that waterboarding exceeded the guidelines laid out in the 2002 OLC memo, to a "psychologist/interrogator."

The IG Report noted that in some cases the waterboard was used with far greater frequency than initially indicated, see IG Report at 5, 44, 46, 103-04, and also that it was used in a different manner. See id. at 37 ("[T]he waterboard technique  … was different from the technique described in the DoJ opinion and used in the SERE training. The difference was the manner in which the detainee’s breathing was obstructed. At the SERE school and in the DoJ opinion, the subject’s airflow is disrupted by the firm application of a damp cloth over the air passages; the interrogator applies a small amount of water to the cloth in a controlled manner. By contrast, the Agency Interrogator …  applied large volumes of water to a cloth that covered the detainee’s mouth and nose. One of the psychologists/interrogators acknowledged that the Agency’s use of the technique is different from that used in SERE training because it is "for real–and is more poignant and convincing.") [my emphasis]

Is this "psychologist/interrogator" the person who supplied the dubious profile (the one disputed by FBI people) that Bybee used to determine that Abu Zubaydah was fit to be waterboarded?

According to your reports, Zubaydah does not have any pre-existing mental conditions or problems that would make him likely to suffer prolonged mental harm from your proposed interrogation methods. Through reading his diaries and interviewing him, you have found no history of "mood disturbance or other psychiatric pathology[,]" "thought disorder[,] … enduring mood or mental health problems." He is in fact "remarkably resilient and confident that he can overcome adversity." When he encounters stress or low mood, this appears to last only for a short time. He deals with stress by assessing its source, evaluating the coping resources available to him, and then taking action. Your assessment notes that he is "generally self-sufficient and relies on his understanding and application of religious and psychological principles, intelligence and discipline to avoid and overcome problems." Moreover, you have found that he has a "reliable and durable support system" in his faith, "the blessings of religious leaders, and camaraderie of like-minded mujahedin brothers." During detention, Zubaydah has managed his mood, remaining at most points "circumspect, calm, controlled., and deliberate." He has maintained this demeanor during aggressive interrogations and reductions in sleep. You describe that in an initial confrontational incident, Zubaydah showed signs of sympathetic nervous system arousal, which you think was possibly fear. Although this incident led him to disclose intelligence information, he was able to quickly regain his composure, his air of confidence, and his "strong resolve" not to reveal any information.

We know, after all, one of the changes CIA made after its IG Report declared the program to be cruel and inhumane was to bring in independent medical personnel from their OMS to conduct evaluations. 

We note that this involvement [in 2005] of medical personnel in designing safeguards for, and in monitoring implementation of, the procedures is a significant difference from earlier uses of the techniques catalogued in the Inspector General’s Report. See IG Report at 21 n26 ("OMS was neither consulted nor involved in the analysis of the risk and benefits of [enhanced interrogation techniques], nor provided with the OTS report cited in the OLC opinion [the Interrogation Memorandum]."). Since that time, based on comments from OMS, additional constraints have been imposed on the use of the techniques.

And after the IG Report, the CIA imposed a specific new requirement that an OMS physician be present to observe the torture.

As noted, OMS input has resulted in a number of changes in the application of the waterboard, including limits on frequency and cumulative use of the technique. Moreover, OMS personnel are carefully instructed in monitoring this technique and are personally present whenever it is used. See OMS Guidelines at 17-20. Indeed, although physician assistants can be present when other enhanced techniques are applied, "use of the waterboard requires the presence of the physician." Id. at 9n2.

And this passage discussing the involvement of OMS after the IG Report makes it clear that, prior to that report, these "psychologist/interrogators" were the ones making the decisions on waterboarding.

"OMS contends that the expertise of the SERE waterboard experience is so different from the subsequent Agency usage as to make it almost irrelevant. Consequently, according to OMS, there was no a priori reason to believe that applying the waterboard with the frequency and intensity with which it was used by the psychologist/interrogators was either efficacious or medically safe."

So it seems that in the early days of the torture program, the "psychologist/interrogators" were the ones making these medical and psychological judgments. Precisely the kind of people contracted to the CIA from Mitchell’s consulting firm. 

Now, it would seem to be a conflict in any case if a "psychologist/interrogator" were the only one to conduct such a profile before you up and waterboarded them 83 times in a month. But at the time the Bybee Memo was written, the CIA was still purportedly in the planning stages of the program–and we know Mitchell was personally involved in that planning stage.

There were a number of assurances CIA had to make to Bybee before he’d call this torture legal. One was that torture was the only way to get the information. Another was that Abu Zubaydah was psychologically strong enough to withstand it. Did the same person certify both to be true? And was that person James Mitchell?

Is it possible that, in addition to (possibly) judging Abu Zubaydah wasn’t going to cooperate, someone standing to make a fat government contract if torture was used is also the person who assured Jay Bybee that Abu Zubaydah was fit to be tortured?


Abu Zubaydah’s FBI Interrogator Removes the Legal Cornerstone of the Torture Regime

Ali Soufan, the FBI interrogator described in the DOJ IG report on interrogation as the interrogator (whom they call "Thomas") who called CIA’s tactics on AZ, "borderline torture," has an important op-ed in the NYT. He writes,

One of the most striking parts of the memos is the false premises on which they are based. 

I pointed this out myself, in a post on why the debate over whether these techniques were necessary and effective is so heated.

Check out what the second paragraph of the Bybee Memo says:

Our advice is based upon the following facts, which you have provided to us. We also understand that you do not have any facts in your possession contrary to the facts outlined here, and this opinion is limited to these facts. If these facts were to change, this advice would not necessarily apply. Zubaydah is currently being held by the United States. The interrogation team is certain that he has additional information that he refuses to divulge. Specifically, he is withholding information regarding terrorist networks in the United Stares or in Saudi Arabia and information regarding plans to conduct attacks within the United States or against our interests overseas. Zubaydah has become accustomed to a certain level of treatment and displays no signs of willingness to disclose further information. Moreover, your intelligence indicates that there is currently level of "chatter" equal to that which preceded the September 11 attacks. In light of the information you believe Zubaydah has and the high level of threat you believe now exists, you wish to move the interrogations into what you have described as an "increased pressure phase." [my emphasis]

Here’s what Ali Soufan says:

It is inaccurate, however, to say that Abu Zubaydah had been uncooperative. Along with another F.B.I. agent, and with several C.I.A. officers present, I questioned him from March to June 2002, before the harsh techniques were introduced later in August. Under traditional interrogation methods, he provided us with important actionable intelligence.

We discovered, for example, that Khalid Shaikh Mohammed was the mastermind of the 9/11 attacks. Abu Zubaydah also told us about Jose Padilla, the so-called dirty bomber. This experience fit what I had found throughout my counterterrorism career: traditional interrogation techniques are successful in identifying operatives, uncovering plots and saving lives.

There was no actionable intelligence gained from using enhanced interrogation techniques on Abu Zubaydah that wasn’t, or couldn’t have been, gained from regular tactics. [my emphasis]

We already knew this, of course, from the DOJ IG Report and many other sources. But Soufan emphasizes, importantly, that CIA interrogators were in the room when persuasive interrogation techniques worked. If those interrogators subsequently relied on the Bybee Memo, they could not claim they had a good faith reliance on the memo.

Which may be one of the reasons why, as Soufan notes, the CIA interrogators were unhappy at having been ordered to use coercive methods with AZ.

Almost all the agency officials I worked with on these issues were good people who felt as I did about the use of enhanced techniques: it is un-American, ineffective and harmful to our national security.

[snip]

My C.I.A. colleagues who balked at the techniques, on the other hand, were instructed to continue. (It’s worth noting that when reading between the lines of the newly released memos, it seems clear that it was contractors, not C.I.A. officers, who requested the use of these techniques.)

Soufan’s on-the-record refutation of the very cornerstone of the Bybee Memo–and with it the entire torture regime–dismantles the legal rationale for that regime. As Bybee wrote,

We also understand that you do not have any facts in your possession contrary to the facts outlined here, and this opinion is limited to these facts. If these facts were to change, this advice would not necessarily apply. 

So who lied to Bybee about what facts the CIA had in its possession?


Spotted: Aspen Trees, Turning on Roots

Nico Pitney put this YouTube up as a preface to Shep Smith losing it in a later segment. (If you want to see Shep say "We are America, we do not fucking torture" click through.)

But I’m at least as fascinated by Judy Miller admitting she had a tough time getting all the way through the torture memos. "You know it when you see it," she said, referring to torture. Waterboarding someone 183 times, she repeated.

But as Shep points out, "if there was torture, that’s a crime. If there was crime, there were criminals. Who ordered the torture?" 

So now, two years after Judy’s dubious testimony got Dick Cheney off scot free after he ordered the outing of CIA spy, she’s demanding information about "Who Why When What, this system came about."

Let’s start with "Who," Judy…

Maybe she hasn’t thought through how this one ends. She claims she doesn’t know who ordered the torture, so that’s possible.

But we’re headed dangerously close to Judy turning on her roots, rather than turning in clusters. Not that I’m complaining, mind you–if Shep Smith and Judy Miller want to make it cool for Republicans to oppose torture, I’m all in favor. 

But it is a bit of a biological oddity, this aspen tree turning on its roots.


Bush DOJ Reunion Tour

I’m posting this just to make sure I don’t forget about it.

John Ashcroft, the U.S. attorney general during President Bush’s first term — and noted singer of “Let the Eagle Soar” (YouTube clip here) — is spreading his wings. Today Ashcroft (pictured, right) announced that his law and consulting firm, The Ashcroft Group, is opening four new offices across the country, each to be led by Bush-appointed U.S. attorneys leaving office to make way for appointees by President Obama. They are:

*Michael Sullivan (pictured, left), U.S. attorney in Boston and former acting director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives in Washington. Click here for a recent LB post on Sullivan.

*Catherine Hanaway (pictured, right), U.S. attorney, St. Louis

*Johnny Sutton, U.S. attorney in El Paso, Texas, who prosecuted two former border patrol agents for shooting a Mexican drug smuggler in 2005. (On his last day in office, President Bush commuted the agents’ prison sentences.)

*John Ratcliffe, U.S. attorney in Dallas.

Of course, I don’t know how they’ll make a living, given that DOJ is cutting back on sweetheart monitoring deals associated with Deferred Prosecution Agreements. 


Ponzi Nation, TARP Edition

Small potatoes, as far as Ponzi schemes goes–$4.9 million. But by making claims you’re investing in TARP funds? That’s gets you on the Ponzi nation list for sure.

Federal authorities this morning announced that Gordon B. Grigg of Franklin has agreed to plead guilty to four counts of mail fraud and four counts of wire fraud, after operating a Ponzi scheme that dated back to 1996.

Joining U.S. Attorney Ed Yarbrough to make the announcement was Neil Barofsky, special inspector general of the Troubled Assets Relief Program, which runs the financial bailout enacted by Congress last year. Barofsky came down from Washington to highlight the fact that part of Grigg’s fraud involved claims that he could get investors into high-yielding notes issued by the government as part of the TARP.


Lambert Dogs the Press

I beat the NYT to actual close reading over the weekend and it made a stink.

But Lambert documents his superior canine instincts from five years ago.

Je repete. 2004-05-09, Corrente:

Maybe there is a smoking gun. … Somebody’s got to authorize the dogs, the kennels, the handlers, and the purpose. … Who let the dogs out?

2009-05-20, Senator Carl Levin via Digby:

The interrogation techniques authorized by Secretary Rumsfeld in December 2002 for use at GTMO – including … military working dogs – were used by military intelligence personnel responsible for interrogations. … On September 14, 2003, Lieutenant General Sanchez issued an interrogation policy for CJTF-7 that authorized interrogators to use stress positions, environmental manipulation, sleep management, and military working dogs …

This was a very easy post to write: Evidence, and a soupçon of reasoning. So why was an unpaid, foul-mouthed blogger the one to write it, instead of a reporter in our famously free press? Bueller?… Bueller?… Bueller?

From one foul mouth blogger to another … good fucking question.

Copyright © 2026 emptywheel. All rights reserved.
Originally Posted @ https://www.emptywheel.net/author/emptywheel/page/1052/