David Addington?

Really, really doesn’t want to be deposed by CREW.

Last week, the judge in CREW’s lawsuit against Vice President Dick Cheney approved our request to take the depositions of David Addington, Vice President Cheney’s chief of staff.

On the eve of that deposition, Vice President Cheney and the other defendants filed an emergency petition for a writ of mandamus with the U.S. Court of Appeals for the D.C. Circuit.

Mandamus is an extraordinary remedy and defendants seek it here to have the D.C. Circuit intrude directly into the district court litigation by demanding that the district court judge vacate her discovery orders. The petition is based on a claim that the discovery authorized by the district court raises serious separation of powers concerns merely because the deponent is David Addington.

I double dog dare the Appeals Court to tell David Addington that, even if such a deposition would present a problem according to Article II, separation of powers complaints are not available to the Fourth Branch.

CIA & Foggo: It’s Hard On Spy Pimps Out There

It’s getting hard out there on the pimps and cons in the CIA, first Director Goss goes down the tubes, and now his right hand man Foggo is headed to the slammer.

As reported Monday, Dusty Foggo has copped an incredibly lenient plea to one count of simple wire fraud. Foggo, formerly Number Three man in the Bush CIA, under Director Porter Goss who also resigned in disgrace, had been charged with 28 counts of sordid and sundry fraud, conflict of interest, bribery aiding and abetting, and false statements, all primarily related to the Duke Cunningham and Brent Wilkes criminal convictions.

Just how did Foggo get such a sweetheart deal?

It must have been the evidence that Foggo created a new deputy director of administration position and hired his mistress to fill it, the weekly poker games at Washington hotels with Congressmen such "Duke" Cunningham, lobbyists, House intelligence committee staff members and prostitutes. Or maybe Foggo’s assistance to childhood friend, Brent Wilkes, one of two defense contractors bribing House intelligence committee member Cunningham with tens of thousands of dollars in antiques, travel, fancy meals, house payments, and hookers in exchange for earmarks steering more than $100 million worth of government contracts to Wilkes’ San Diego-based firm, right?

As the always excellent Laura Rozen details in an article just out in Mother Jones:

No, what truly worried Agency brass were the darker secrets their former top logistics officer was threatening to spill had his case gone to trial as scheduled on November 3. They included the massive contracts Foggo was discussing with Wilkes, estimated by one source at over $300 million dollars. "Wilkes was working on several other huge deals when the hammer fell," a source familiar with Read more

Foggo Gets a Plea Deal

Huh. I guess Dusty Foggo won his greymail fight.

A former executive director of the CIA has pleaded guilty to wire fraud as part of a plea bargain.

Kyle “Dusty” Foggo was the number three man in the CIA from 2004 to 2006. At a hearing Monday in federal court in Alexandria, he pleaded guilty to a single count of wire fraud, admitting that he helped his best friend obtain contracts with the CIA at inflated prices. 

I’m guessing the CIA finally decided it would be unwise to engage in a pissing contest with a guy who knows about their dirty laundry. 

Gonzo Sings! Justice In The Department At Last?

It has been clear for a long time that Gonzales had serious criminal exposure for his acts during his service in the Bush Administration, which is why immediately after departure from the DOJ AGAG lawyered up by hiring criminal-defense lawyer George Terwilliger. Probably one of the reasons Gonzales announced his resignation within a week of the initiation of an Inspector General’s investigation into his conduct.

That IG report described how Gonzales’ improperly, and illegally, possessed, handled and transported Top Secret information; i.e. the two most important, secret, and arguably illegal, programs in the history of the Bush Administration, the illegal wiretap program and–almost certainly–the torture program.

In most circumstances when the DOJ gets a fish like this on the hook, the first thing you would expect would be for them to work him for incriminating information on other malfeasance he is aware of and to entice him into a cooperations agreement to help bring others to justice. And this is just what it looks like is happening. Murray Waas is just out with a major article in The Atlantic:

According to people familiar with statements recently made by Gonzales to federal investigators, Gonzales is now saying that George Bush personally directed him to make that hospital visit.

Gonzales has also told Justice Department investigators that President Bush played a more central and active role than was previously known in devising a strategy to have Congress enable the continuation of the surveillance program when questions about its legality were raised by the Justice Department, as well as devising other ways to circumvent the Justice Department’s legal concerns about the program, according to people who have read Gonzales’s interviews with investigators.

In describing Bush as having pressed him to engage in some of the more controversial actions regarding the warrantless surveillance program, Gonzales and his legal team are apparently attempting to lessen his own legal jeopardy. The Justice Department’s inspector general (IG) is investigating whether Gonzales lied to Congress when he was questioned under oath about the surveillance program. And the Justice Department’s Office of Professional Responsibility (OPR) is separately investigating whether Gonzales and other Justice Department attorneys acted within the law in authorizing and overseeing the surveillance program. Neither the IG nor OPR can bring criminal charges, but if, during the course of their own investigations, they believe they have uncovered evidence of a possible crime, they can seek to make Read more

Conyers Cranky Over Oil Fraud; Drills DOJ With Letter

You knew this was coming, and since I simply can’t stomach any more Lurch Paulson discussion today, I bring it to you. Remember Marcy’s Drill, Baby, Drill post on sex, lies and oil at the Minerals Management Agency?

Clearly, John Conyers found it as titillating as we did. He wants to hear more. From McClatchy:

The chairman of the House Judiciary Committee demanded Tuesday that the attorney general provide an "immediate explanation" for a Justice Department decision that could have cost taxpayers up to $40 million in royalties from a major oil company.

Michigan Democratic Rep. John Conyers’ cited a McClatchy story Sept. 12 that detailed the department’s rejection of the Colorado U.S. attorney’s recommendation to intervene in a whistleblower’s suit against the Kerr-McGee Corp.

In a letter to Attorney General Michael Mukasey, Conyers said charges that politics might have played a part in a decision favoring a major oil company "must be taken seriously and thoroughly investigated." Conyers said he wanted to question the officials involved in the case and that he sought access to all related records.

When Marcy last reported, the Inspector General’s reports had just been released, and they sure had some juicy material in them. Since that time, IG Earl Devaney is royally pissed that the DOJ prosecuted two line level scrubs at the MMA, but refused to prosecute the big dog managers he wanted nailed. And he let his displeasure be known:

"I would have liked a more aggressive approach, and I would have liked to have seen some other people prosecuted here," he said during a hearing before the House of Representatives’ Natural Resources Committee.

Devaney also recommended that the Justice Department prosecute RIK’s former Denver office director, Gregory Smith, and the former associate director of the Minerals Revenue Management office, Lucy Dennet.

The reports accuse Smith of having sex with two subordinates and improperly accepting $30,000 from a private company for marketing its services to oil and gas companies.

Dennet is accused of helping Mayberry create the contract he was awarded after his retirement.

The Justice Department hasn’t explained why it declined to prosecute them.

But in today’s McClatchy report on Conyers’ letter, we learn just how mad IG Devaney really is with the DOJ:

Inspector General Earl Devaney was so displeased with the department’s refusal, Conyers wrote, that he pulled his investigators off a department task force examining disgraced lobbyist Jack Abramoff’s influence-peddling.

In the grand scheme of things, a pretty small Read more

John McCain Still Living The Keating Five Lush Highlife

John McCain was never the principled steadfast man his false front public image painted him to be; although it is true that he really has been in a downward spiral of dishonor and deception during this year’s campaign. Even many of his staunchest supporters in major media are starting to realize the brutal truth for what it is. Joe Klein, Andrea Mitchell, Chris Matthews, a host of journalists at ABC, Andrew Sullivan … each day brings a familiar voice admitting that they can no longer harmonize the McCain persona with the truth in front of them. Thank you to each and every one of them, and welcome to my world. As a native Arizonan I have been witnessing what you are now realizing since John McCain plopped his carpet bag down and set up shop here in our state.

John Sidney McCain III would have you believe his Charlie Keating Five Scandal days of corruption and influence peddling are all a thing of his distant past and that he is some sort of legendary reformer now. Nothing could be further from the truth, he is still hard deeply entrenched in the lavish, exotic trappings of swag and influence peddled by the modern day equivalents of Charlie Keating.

In fact, new reporting by Ari Berman and Mark Ames of The Nation, in their article The McCain-Follieri Love Boat, which just hit the presses at the end of last week details how McCain has spent yet another birthday, his 70th, vacationing with a criminal con artist, Hollywood celebrities and big money lobbyists on a yacht in Montenegro. It shows what Arizonans have known all along: McCain is still the same old glad handing, do anything to serve his own raw ambition, politician who celebrated his birthdays with Charlie Keating and other power brokers at Keating’s private Bahamas resort two decades ago.

Before we delve into the recent foray of John Sidney McCain III into political influence swag land, a refresher on McCain’s malfeasance in the Keating Five Savings & Loan Scandal is in order. From a Keating Five Scandal retrospective by The Arizona Republic:

McCain already knew Keating well. His ties to the home builder dated to 1981, when the two men met at a Navy League dinner where McCain spoke.

After the speech, Keating walked up to McCain and told him that he, too, was a Navy flier and that he greatly respected McCain’s war record. He met McCain’s wife and family. The two men became friends.

Charlie Keating always took care of his friends, especially those in politics. McCain was no exception.

In 1982, during McCain’s first run for the House, Keating held a fund-raiser for him, collecting more than $11,000 from 40 employees of American Continental Corp. McCain would spend more than $550,000 to win the primary and the general election.

In 1983, as McCain contemplated his House re-election, Keating hosted a $1,000-a-plate dinner for him, even though McCain had no serious competition. When McCain pushed for the Senate in 1986, Keating was there with more than $50,000.

By 1987, McCain had received about $112,000 in political contributions from Keating and his associates.

McCain also had carried a little water for Keating in Washington. While in the House, McCain, along with a majority of representatives, co-sponsored a resolution to delay new regulations designed to curb risky investments by thrifts such as Lincoln.

The first meeting, on April 2, 1987, in DeConcini’s office, included Ed Gray, chairman of the Federal Home Loan Bank Read more

EW’s Trash Talk – The Big Games Start

Week 2 is upon us, football is really back, and the big games are really starting to be played now. The first weekend you are just glad to have the pigskin back in the air, you don’t care that the games are usually not that good. Last weekend’s game between Tennessee and the Bruins of UCLA was a definite exception. Holy cow, it was a great game, especially the second half (masaccio, being a Vols fan, may not agree). Rick Neuheisel may be starting something special in Westwood, and that would be a fantastic thing for Pac-10 football, and college football generally.

Wobbly yawner games, where the cobwebs are still being shaken off, are not the case for Week 2 though, there are huge games on tap. Let’s belly up to the bar then.

NCAA – The Rose Bowl. The Grandaddy of Them All. Right here in the second week of September no less. All kidding aside, it is hard to envision a more compelling early September matchup than Number 5 ranked The Ohio State University invading the Coliseum and the Mighty Men of Troy, the Number 1 ranked USC Trojans. What can you say, the game speaks for itself. National Championship hopes are already on the line big time; even if they were not, college football games just don’t get more compelling than this. Don’t be a McCain hiding behind a skirt wimp, be open and notorious, pick a side and state yer case. Then let me give you a hint. There is a track record on these kind of matchups, and it ain’t a real pretty one for the three yards and a cloud of dust conference. That record will continue I’m afraid. Other games to pay attention to include #10 Wisconsin at #21 Fresno State, UCLA at #18 BYU, and the Ramblin Wreck from Georgia Tech at Virginia Tech. Oh, and and yet another scintillating meeting between Michigan and Notre Dame. Hard to imagine that it could live up to last year’s matchup of the un-victorious and un-tieds. But they will try.

THE BIG BOYS OF SUNDAY – Pats at Brett and the Jets tops the list. Ground control sans Major Tom looks to be in the offing for the Pats. I think they will still run the Read more

McCain, Bush and Palin – The Freeloading Riches Of The GOP

images.thumbnail.jpegTurns out Sarah Palin has a very spotty attendance record in her brief experience as Governor of Alaska. Juneau is the state capital of Alaska. From the Juneau Empire:

Palin has spent little time in Juneau, rarely coming to the state capital except when the Legislature was in session, and sometimes not even then.

During a recent special session called by Palin herself, she faced criticism from several legislators for not showing up personally to push for her agenda.

Someone at the Capitol even printed up buttons asking "Where’s Sarah?" Rep. Andrea Doll, D-Juneau, called it a telling question.

"At a time when her leadership was truly needed, we didn’t know where she was," Doll said.

Local Alaskan reporter Shannyn Moore, on Tuesday night’s Countdown on MSNBC, confirmed that many members of the Alaskan legislature wore yellow "Where’s Sarah" buttons. Of course, this must be read in conjunction with the fact that Palin has bilked taxpayers for 312 nights spent in her own home during her first 19 months in office (well over half of the time), charging a per diem allowance normally intended to cover meals and incidental expenses while traveling on state business. She charged the State of Alaska for staying in her own house and away from her job at the state capital.

Habitually away from where her governing job, for which she is paid to attend and perform by the citizens; gee, that makes Sarah Palin just like….

George Bush. Although you can certainly make the argument that the country is better off when Bush is not on the job, the fact remains that he has been the most absentee President in modern history. As of March 2008, Bush had spent 452 days on vacation at his Crawford ranch in Texas; well over a full year of his seven years in office spent down on the farm ranch. And this, of course, doesn’t include the other fun filled time Bush spends slapping bikini clad babe’s butts at the Olympics and all the other larks he galavants off on.

Habitually away from his governing duties in Washington DC, for which he is paid to attend and perform by the citizens of this country; gee, that makes George Bush just like….

John McCain. McCain is the most absent senator in Congress, having missed 63 percent of the votes since the 110th Congress opened session on January 3, 2007. 63%. McCain’s absentee record even beats that of Sen. Tim Johnson (D-SD), who was completely absent nearly a year while recovering from a brain hemorrhage. Read more

McCain is MIA; Believed Hidden Behind Palin’s Skirt

John McCain has always had a schizophrenic relationship with women. He has constantly painted himself as the randy, tough flyboy, but, as both he and his mother (and everyone else who seems to have knowledge) readily admit, he was, and still is, a flat out mama’s boy all the way. Now McCain has found an even bigger skirt to hide behind, that of Sarah Palin. Who knew that the GOP Nominee had become so weak, addled and ineffective that the GOP, and McCain himself, was desperate enough to pluck an unknown, inexperienced and unvetted Sarah Palin off the wind swept tundra of Alaska just to manufacture an excitement diversion?

Since the jaw dropping announcement of Palin, it has been hard to tell that McCain is still the the nominee and leader of the ticket. All the buzz at the Republican National Convention was over Sarah Palin, she was the toast, and the star, of the show. Palin’s speech on Wednesday night dwarfed that of McCain’s nomination acceptance on Thursday in every measurable category. There was more excitement, more anticipation, it was better and more coherently written, and it was by far better delivered. The king of the Midshipmen upstaged completely by a probie plebe. In a skirt.

Since the close of the Sarah Palin Show Republican Convention, McCain has only further disappeared behind (under?) Palin’s skirt. As MSNBC notes, McCain-Palin has become Palin-McCain:

The banners, buttons and signs say McCain-Palin, but the crowds say something else.

"Sa-rah! Pa-lin!" came the chant at a Colorado Springs rally on Saturday moments before Republican nominee John McCain took the stage with Alaska Gov. Sarah Palin, a woman who was virtually unknown to the nation just a week earlier. The day before, thousands screamed "Sa-rah! Sa-rah! Sa-rah!" at an amphitheater outside Detroit.

In the short time since McCain spirited the 44-year-old first-term governor out of Alaska and onto a national stage as his running mate, Palin has become an instant celebrity. And since her speech at the Republican National Convention, watched by more than 40 million Americans, she is emerging as the main attraction for many voters at their campaign appearances.

"She’s the draw for a lot of people," said Marilyn Ryman, who came to see her at the Colorado rally inside an airport hangar. "The fact that she’s someone new, not the old everything we’ve seen before."

Boy, no kidding. There have been several different Palin/McCain campaign appearances covered by CNN and MSNBC the last few days, and it is jarring just how dominant Sarah Palin is compared to the weak, old and wooden looking McCain. Read more

“Holed Up”

As many people have pointed out, the McCain campaign are sending Sarah Palin back to Alaska to hide out until the journalists forget about her.

CHUCK TODD:Well Ron, We’ve been able to see that there are a few folks who are saying [Palin is] actually going to hole up in Alaska for a little, she’s got to see her son off who’s going to be deployed to Iraq, so we may not see her on the campaign trail for a little while.

RON ALLEN: Yes she hasn’t been home for a long time, and she’s obviously got some business to deal with there.

Obviously, part of the reason the campaign is sending Palin away to the woods is because the media has made it clear they’re not satisfied with only scripted interactions with her–the McCain campaign needs to get Palin away from the media at least until they do some real vetting of her. (Though, as Mudflats points out, there are journalists in AK, too.)

But I think there are several things contributing to their last minute change of plans.

  • They intend to shield her from the media, as everyone has mentioned.
  • McCain campaign staffers have been in AK for several days, trying to bury all the dirt on Palin; I’m certain they need her personal involvement to bury some of it, not least on TrooperGate, in which her promised cooperation has disappeared in the last several days. 
  • She’s a quick study, no doubt, but she still has a great deal of cramming to do before she can answer any real questions about McCain’s policy or foreign policy in general.
  • If the MI Independents quoted in this focus group are even remotely representative, then I suspect the McCain camp has internal polling showing that Palin helps immensely in some places, but drags down the ticket in others. Sterling Heights is adjacent to Oakland County, where all those Independent voters were panning the Palin pick. I think the campaign realized they better get a better sense of where Palin helps them before they roll her out and offend voters in swing states.
  • After last nights underwhelming speech, McCain is being overshadowed by his Veep candidate. He needs to reassert himself as the dominant player on the ticket, before Palin comes out of her hibernation and wows the crowds again.

Read more

image_print