Entries by emptywheel

The Prosecutors’ Response to Nacchio

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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

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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

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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

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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

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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”

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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

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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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The Show Trials

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I’m not really surprised by the reason the lead prosecutor for Gitmo detainees quit–as reported by the WaPo. The Administration wanted show trials in time for the 2008 election, and they were willing to use classified information to do so.

Politically motivated officials at the Pentagon have pushed for convictions of high-profile detainees ahead of the 2008elections, the former lead prosecutor for terrorism trials at Guantanamo Bay said last night, adding that

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Fieger’s Judge Gets Curious

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I never wanted Jeffrey Fieger to be my governor. But I’m looking forward to the way he fights his campaign finance charges, particularly now that the judge appears to think the investigation into him was politically motivated.

A federal judge in Detroit peppered a prosecutor with questions Tuesdayto find out whether the investigation that resulted in the Augustindictment of Southfield lawyer Geoffrey Fieger on campaign financecharges was politically motivated.

U.S.

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FISA Update

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Via Laura Rozen–there are several interesting things in this article. First, Bush has given over the family jewels–the legal opinions justifying their illegal domestic wiretapping program. He has given them to SJC, but not to HJC.

Across the Capitol, Senate Intelligence Chairman John D. RockefellerIV, D W.Va., said his staff Tuesday reviewed legal opinions and otherdocuments the panel had sought related to the NSA program.

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