Entries by emptywheel

Update on the Government’s Response to Nacchio

Two words about this update. First, to clarify from my earlier post: the WaPo article refers to a filing written in February 2007 that was just unsealed yesterday. So in fact, there are several more recent filings from Nacchio that rebut the claims made in this newly unsealed document.

Here’s the important part.

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They’re Scared

I’m watching the HJC hearing on politicized prosecutions. And boy, have the Republicans come loaded for bear, on two counts. First, the Republicans attempted to insinuate that Jill Simpson’s allegations about the Don Siegelman prosecution must be false because she did not testify publicly today. Congressman Forbes repeated a tactic Republicans used when Valerie Wilson testified before Waxman’s committee–suggesting that Simpson “be referred” to DOJ for investigation.

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The Kiddie Porn Excuse

Remember when Alberto Gonzales called for Google to preserve all its search data to support potential child porn investigations? We crazy moonbats suggested that that sounded like an invitation for abuse, that once Google had preserved the records, such records would be accessed for other purposes.

Now Cannonfire points to one such case.

In brief:

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The Prosecutors’ Response to Nacchio

The WaPo reports that more documents have been unsealed in the Nacchio case–and they show (Prosecutors claim) that Nacchio’s claim to have lost business don’t hold up.

Qwest Communicationsbelonged to a business alliance that won a rich national securitycontract in the summer of 2001, undermining claims that authoritiesretaliated against its former chief executive for refusing to supportan unidentified government program earlier that year, prosecutors saidin documents released yesterday.

I’m on two deadlines for

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Protect Whistleblowers before Extending Reporter’s Privilege

I suggested the other day that there were likely to be some unintended consequences if the reporter’s shield bill passes as is. What I didn’t say in that post is that there is a better way to encourage the free flow of information–particularly in this era when everyone can fulfill the role of journalist:

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Henry Sez: Erik Prince, You Owe the Feds $48 Million

Congressman Waxman gets pretty aggressive in his latest letter to Erik Prince, CEO of Blackwater. He basically accuses Blackwater of evading taxes by treating its employees as independent contractors, rather than employees.

I have received documents which suggest that Blackwater may have engaged in significant tax evasion. According to an IRS ruling in March 2007, Blackwater violated federal tax laws by treating an armed guard as an “independent contractor.” The implication of

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Gonzales Refuses to Answer Questions

Via C&L, John McKay made some really revealing comments in Spokane on Friday.

The U.S. Inspector General may recommend criminal prosecution ofdeparted Attorney General Alberto Gonzales at the conclusion of aninvestigation, possibly as early as next month, the fired former U.S.attorney for Western Washington told a Spokane audience Friday.

[snip]

McKay said he was summoned to Washington, D.C., in June andquestioned for eight hours about possible reasons for his firing byinvestigators with the Office

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What Remains Unsaid

Here’s my favorite exchange from Stanford Lawyer’s interview of Carol Lam (h/t bmaz):

YOU SERVED UNDER BOTH JOHN ASHCROFT AND ALBERTO GONZALES. HOW DID THAT TRANSITION FROM ASHCROFT TO GONZALES AFFECT YOUR LIFE AND YOUR DUTIES AS A U.S. ATTORNEY?

The structures of the department were in place, so I didn’t expect a lot of impact from the change in attorney general under the same administration.

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Jello Jay Rockefeller’s “Deal”

There are two key details from this article on the “deal” “negotiated” between Jay Rockefeller and Dick Cheney. First, a comment from Dana Perino states that the SSCI had to first accede to telecom immunity before they could see the documents justifying the program.

Dana Perino, the White House press secretary, said Friday that the SenateIntelligence Committee had gained access to the documents only afterits leaders had indicated that they would grant

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The Public Pressure on Subpoenas

Yesterday, there were two stories about subpoenas of journalists that suggest something about journalist subpoenas. The first story involves an attempt by some Phoenix big-wigs to cow the alternative New Times into backing off investigations into them.

In a breathtaking abuse of the United States Constitution, Sheriff JoeArpaio, Maricopa County Attorney Andrew Thomas, and their increasinglyunhinged cat’s paw, special prosecutor Dennis Wilenchik, used the grandjury to subpoena “all documents related to articles

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