Entries by emptywheel

Kontogiannis’ Seal

Laura asks why the government (and Kontogiannis, in a filing submitted yesterday) would fight to continue to seal the transcripts from his four hearings before Judge Larry Burns.

In an unusual step, Kontogiannis’ guilty plea was done in a secret,closed hearing. The plea agreement was unsealed earlier this month, andlast week Burns ordered that transcripts of four hearings related tothe plea also be made public.

Federal prosecutors objected in motions filed under seal

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Mind the Gap: the Libby-Novak Call

You wouldn’t think that I–after babbling about this for two years and beating up the press for ignoring it–would miss an opportunity to highlight the super-secret Libby-Novak meeting, do you? Only that’s what I did yesterday, when I was puzzling through the remaining two-page gap in the Tatel opinion. Duh.

My post yesterday made the argument that, in addition to laying out the background for the Cooper-Rove conversation (and Rove’s prevaricating about

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Actually, TWO DOJ Employees Quit This Week

It’s funny how, now that we’re so attuned to BushCo’s Friday news dumps, something reported on Friday attracts more notice than something reported on Thursday.

On Friday, we learned that Rachel Brand, one of the last remaining DOJ clique-members (and a tangential one at that) will resign on July 9.

Rachel Brand, the assistant attorney general in the Office of LegalPolicy, will step down July 9, the department said in a statement.

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The Two Redacted Pages

As I said earlier, the most interesting part of the Tatel opinion is the two-page section that remains redacted (thanks again to Jeralyn for making the opinion available), explaining why Fitzgerald suspects Rove perjured himself in his testimony about Novak and Cooper. I believe that section includes:An assertion that Rove lied when he testified that he responded to Novak’s story about Plame by saying, “you heard that too?”A description of some

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This Is How It’s Done

Tim Walberg is a really awful wingnutty Congressman whose district begins just spitting distance (emphasis on spitting) from my house. One of the local reporters, Susan Demas, had the balls to report that he refused to fire a campaign worker who pled guilty to child abuse, so the Congressman has basically frozen the newspaper out since then.

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WSJ and the AP Finally Get Their Windmill!

Pow wow is right. One of the best parts of today’s Appeals Court order releasing more of the grand jury material from the Plame investigation is this paragraph:

Even if the Armitage revelation created a compelling public interest in them—and it
is unclear to us why, as Dow Jones asserts, the Special Counsel’s knowledge that one individual leaked Plame’s identity calls into question the validity of his continuing investigation into others who may

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Fred Fielding Lied to the Press Yesterday

The White House had a super-secret briefing yesterday in which they trotted out Fred Fielding, but then insisted he be referred to solely as a Senior Administration Official. Perhaps they insisted on the absurd background rules because they wanted to make Fred feel free to lie. And lie he did.

In the briefing, a journalist asked Fielding whether Bush’s invocation of privilege meant that he was protecting deliberations he, personally, was involved

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Solicit

One last post on Clement. I wanted to call your attention to the way Clement pretends that the White House is protecting advice from outsiders that they solicited. Here’s Clement’s language justifying invoking privilege over communications between the White House and those outside of government.

Naturally, in order for the President and his advisers to make an informed decision, presidential aides must sometimes solicit information from individuals outside the White House and

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Congress Has a Legislative Need to Understand Bush’s Intent

Nope, I still haven’t stopped obsessing over Clement’s opinion on the subpoenas.

As I pointed out yesterday, Clement makes one claim that I believe is false and probably disingenuous. He claims that Bush has a nondelegable power to appoint US Attorneys, inscribed in the Constitution.

These confidentiality interests are particularly strongwhere, as here, the communications may implicate a “quintessential andnondelegable Presidential power,” such as the authority to nominate orto remove U.S.

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Timing

This bears mentioning.

Congress subpoenaed the White House for information on the USA Purge on June 13, just 15 days ago. Already, OLC has done its review, Paul Clement has written his opinion, and Fred Fielding has provided a response to Congress. 15 days.

Bill Leonard, head of ISOO, wrote Alberto Gonzales on January 9 for an opinion on whether Cheney was indeed exempt from Bush’s own Executive Order.

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