Blago Lesson: It’s Okay to Sell a Senate Seat, So Long as You Don’t Lie about It

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All you Californians ought to be getting awfully nervous about Senate-Select Carly Fiorina about now. Because the lesson I take from the Rod Blagojevich verdict–he was found guilty of just one charge of lying to the FBI, while the jury remained deadlocked on 23 other charges–is that it’s okay to sell a Senate seat, so long as you don’t lie about it.

A federal jury today convicted former Gov. Rod Blagojevich of only one count against him: lying to the FBI. Jurors said they were deadlocked on the other 23 counts against the former governor, and all four counts against his brother Robert.

Mind you, prosecutors immediately told the judge they’d be back to retry the remaining counts.

But in spite of the fact that Blago appears to be headed for jail, this is not a big victory against corruption.

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Qosi Sentenced to 14 Pretend Years, Reportedly 2 Secret Years

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Remember when Omar Khadr wrote this about the military commissions?

Firstly, the unfairness and unjustice of it. I say this because not one of the lawyers I’ve had, or human right organization or any person say that the commission is fair, or looking for justice, but on the contrary they say it is unfair and unjust and that it has been constructed solely to convict detainees and not to find the truth (so how can I ask for justice from a process that does not have it or offer it?) [new color ink–apparently added later] and to accomplish political and public goal and what I mean is when I was offered a plea bargain it was up to 30 years which I was going to spend only 5 years so I asked why the 30 years? I was told it make the US government look good in the public eyes and other political causes. [my emphasis]

Best as I can tell, the fake plea bargain Khadr was offered–in which he would be sentenced publicly, but in which there was a secret agreement that he would serve just a fraction of that time–is what happened to Osama bin Laden cook Ibrahim al Qosi today. After making great show of picking a jury and directing them they could sentence Qosi to between 12 and 15 years, the military commission sentenced al Qosi to 14 years.

But everyone knows that 14 year sentence doesn’t represent Qosi’s real sentence. Instead, he is reported to be serving 2 more years–though there is a bit of a dispute because his plea promised he’d serve his time in communal quarters even though DOD regulations prohibit that.

The day opened with Air Force Lt. Col. Nancy Paul, Qosi’s judge, reversing herself on an order to the prison camps Monday that, whatever sentence Qosi receives, he must be held in a communal POW-style camp for compliant prisoners.

Paul issued the order Monday, saying she understood captivity in the company of some of the other cooperative detainees at Guantánamo was part of a secret annex to his plea agreement approved by retired Vice Adm. Bruce MacDonald, the top Pentagon official overseeing military commissions.

But by Wednesday she noted that collective confinement was not a promise but a recommendation, in part, because, despite a Pentagon bureaucrat’s directive in 2008, the U.S. military has never developed a policy or plan for how to confine war court convicts at Guantánamo.

Call me crazy, but if I were Qosi I’d be really nervous about this double secret plea deal, given that two years is longer than most people are deployed to Gitmo, and two years from now we’ll be in the middle of Presidential election season again.

But that’s what passes for justice in America’s prison colony these days, I guess.

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Gibbs’ Walk-Back: Clueless about “in America”

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Gibbs and Pres. Obama check out what's up "in America" from a safe distance. (Official White House photo by Pete Souza)

In Robert Gibbs’ intemperate rant about hippies, he seemed to distinguish between the “professional left” he was targeting and the Progressives “in America” who are clapping loudly over Obama’s accomplishments.

Progressives, Gibbs said, are the liberals outside of Washington “in America,” and they are grateful for what Obama has accomplished in a shattered economy with uniform Republican opposition and a short amount of time.

In a piece that had a lot to piss me off, the suggestion that professional DC hack Robert Gibbs should lecture hippies about what people “in America” think of Obama’s economic policies was the worst.

Maybe that’s because I’m out here “in America” and I’m still seeing a shattered economy.

My belief that Gibbs just doesn’t get that fact was confirmed when, in the walkback of his attack, he again boasted of Obama’s success at “getting our economy moving again.”

But in 17 months, we have seen Wall Street reform, historic health care reform, fair pay for women, a recovery act that pulled us back from a depression and got our economy moving again, record investments in clean energy that are creating jobs, student loan reforms so families can afford college, a weapons system canceled that the Pentagon didn’t want, reset our relationship with the world and negotiated a nuclear weapons treaty that gets us closer to a world without fear of these weapons, just to name a few.

Now, don’t get me wrong. Aside from areas that depend on the military and intelligence industrial complex (like the DC metro bubble in which Gibbs lives), MI has benefited more from Obama’s economic decisions than anywhere else. Not only did Obama rescue GM and Chrysler, but a lot of those “record investments in clean energy” are battery jobs in MI. As I’ve written before, I just wish there were a similar killer app to use as the excuse for investment in Nevada and Arizona.

But the truth is these states, including MI, are still functionally in far worse than a recession. The economy on Wall Street may be moving again, but without consumer demand, the economy on Main Street is not. Too many consumers are so far underwater on their house (which Obama’s disastrous HAMP has failed to fix in any appreciable way) they’re not going to be spending anytime soon. Heck, no one’s going to be spending so long as wages remain stagnant or falling.

And that reality out here “in America” is the key to Obama’s problems (the ones that–as Chris Bowers shows–really do extend to liberals outside of DC) with voters.

No matter how many mean names Gibbs calls hippies, the real issue is that he, the voice of the Obama Administration, appears totally clueless about why America isn’t clapping louder about the Administration’s economic “successes.”

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Adam Schiff Advocates Gutting Miranda

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Adam Schiff–a CA Democrat (!)–just filed a bill aiming to not only give prosecutors 4 days to question “terror suspects” before bringing them to court, but also expressing the will of Congress to let them delay Mirandizing suspects “as long as is necessary.”

The bill filed Thursday by Rep. Adam Schiff (D-Calif.) would change federal law by creating a procedure to question a suspected terrorist for up to four days before taking him or her to court without jeopardizing prosecutors’ ability to use statements made by a suspect during that time.

It would also express Congress’s view that authorities can delay reading Miranda warnings “for as long as is necessary” to elicit intelligence from a terror suspect.

I had a whole range of thoughts as I read this. I reminded myself that the time frame Schiff would allow prosecutors to hold people without bringing them to court is just slightly longer than the amount of time our country claims we can legally sleep deprive someone (remember, the reason we delayed bringing Faisal Shahzad to court was because we needed him available 24/7). I’m intrigued by the timing–not long before an election that the White House has said could result in Dems losing the House (and with it, John Conyers and Jerry Nadler losing their Committee and Subcommittee gavels).

But I’m also interested by what Schiff didn’t include in his bill: Any limitation on this to those who present a national security risk (as the hawkish Ben Wittes notes in a quote in the story). So can an environmental activist lose Miranda rights under this bill? Can Quakers?

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Final Jeopardy Answer: Something That Doesn’t Obstruct or Impede Justice

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Alex, I’m going with – “What is getting a prosecutor fired for not complying with your political agenda?”

The investigation (not of the U. S. Attorney firings despite misleading headlines) into the Iglesias firing is done. bmaz is ready to change his name to Carnac and Holder’s Department of Justice has shot off a letter-ary masterpiece to  the House Judiciary Committee (HJC).  As per Carnac’s bmaz’s predictions, no charges.

What bmaz could not have predicted, but did link to in his post, is the actual content of the letter sent to Conyers.  I don’t think anyone would have predicted the cavalier way in which Holder’s DOJ reaches its seemingly predetermined decision, while providing a roadmap to other legislators who’d also like to get a prosecutor fired for political convenience. Dannehy and Holder explain to Members of Congress – if a Federal prosecutor isn’t filing or refraining from filing the cases you want, feel free to covertly conspire to get him fired. As long as you don’t make any misguided attempt to “influence” him before you get him fired, you’re good to go. Oh, and btw, phone calls to him at home to fume over his handling – not to worry, those doesn’t count as an attempt to influence.

Stripped and shorn, Holder and Dannehy have said –

1. We aren’t gonna investigate anything but Iglesias and we aren’t saying why:  “The investigative team also determined that the evidence did not warrant expanding the scope of the investigation beyond the removal of Iglesias.”

WHAT EVIDENCE? They freakin didn’t expand the scope of the investigation to see what evidence there was, then they decide, oh well, we don’t have any of the evidence we didn’t look for so we shouldn’t look for it since we don’t have it … whatever.

2. Hey, yeah, Domenici DID make a contact to smack on Iglesias about the handling of a matter currently in front of the USA’s office but:   “The evidence about the call developed in the course of Ms. Dannehy’s investigation, however, was insufficient to establish an attempt to pressure Mr. Iglesias to accelerate his charging decisions.”

So similar to the lack of intent to torture – I mean, if Domenici in good faith thought he was just gathering intel on the status of political prosecutions … um, let’s move on.

3. Instead of trying influence Iglesias, Holder and Dannehy think that Domenici *just* got Iglesias fired for not pursuing political bias in his prosecutions. “The weight of the evidence established not an attempt to influence but rather an attempt to remove David Iglesias from office, in other words, to eliminate the possibility of any future action or inaction by him.”

4. This, they say, is fine. Seriously. They say there’s nothing DOJ can do about it. It’s no problem for politicians to get DOJ lawyers fired for not being political lapdogs. But to be fair, they then finish up by saying both, “In closing, it is important to emphasize that Attorney General Holder is committed to ensuring that partisan political considerations play no role in the law enforcement decisions of the Department” and (bc that wasn’t really the closing after all) “The Attorney General remains deeply dismayed by the OIG/OPR findings related to politicization of the Department’s actions, and has taken steps to ensure those mistakes will not be repeated.”

HUH? They’ve just said it is perfectly legal for politicians to get USAs who won’t do their political bidding fired by covert contacts with the WH, but Holder is  “committed” to ensuring partisan political considerations play no role at DOJ? WTH?  I guess if you put those two concepts together and held them in your mind for long, you’d end up committed too.

5. Anyway, they pull all of this off by giving a Bybee-esque review of “18 U.S.C. § 1503 [that] punishes anyone [at least, anyone the DOJ selectively decides to prosecute] who ‘corruptly . . . influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice.” It’s a simple thing – according to Holder and Dannehy,  Domenici didn’t try to “influence” Iglesias, he just had Iglesias fired.   Which obviously isn’t an attempt to obstruct or impede.  I mean, there’s nothing that *doesn’t impede* a case like getting the prosecutor handling it fired.

They also explain to us that they can’t go after Domenici for trying to get, then getting, Iglesias fired – at least, not under 18 USC 1503, because that section “penalizes only forward-looking conduct.” So Domenici would have to be doing something that would involve forward-looking conduct. And after all, as they just said (see 3 above) Domenici wasn’t trying “in other words, to eliminate the possibility of any future action or inaction by [Iglesias].” Oh, except for, you know, they actually say in the letter that’s exactly what Domenici WAS doing. Trying to affect future action or inaction – in a forward-looking way with his forward-looking conduct.

This clarifies so many things.  Who knew, until now, that the only person who got things right during the Saturday Night Massacre was Robert Bork?

Nixon wrote the first act in DOJ’s current play (which is only fair, since he also wrote their anthem that it’s not illegal if the President does it) when he arranged for the firing of prosecutors who were bugging him, but in response to a livid Congressional response, using words like impeachment and obstruction, said:

“…[I]n all of my years of public life, I have never obstructed justice. And I think, too, that I can say that in my years of public life that I’ve welcomed this kind of examination, because people have got to know whether or not their President’s a crook. Well, I’m not a crook!”

And now Dannehy and Holder have made that chapter and verse – nothing wrong with firing some prosecutors if they aren’t playing politics.  Poor Karl Rove – so much trouble could have been avoided if he had just known that a Democratic administration’s DOJ would take the position that it would be perfectly ok for him to get Bush to fire Fitzgerald (something that apparently made even Buscho lawyers Gonzales and Miers flinch) – no obstruction, no impeding – as long as Rove never tried to “influence” the prosecutor first.

And now DOJ prosecutors now know exactly how things work. It’s been spelled out. No one will try to influence them. It’s just that if they aren’t making Obama’s favorite politicians and fundraisers happy, well – their career may have a little accident.

With AGeewhiz’s like Holder,  we can rest easy.  Gonzales may have been afraid to come out and state DOJ’s policy plainly. He never quite coughed out the admission that it is DOJ policy that Republican Senators who conspire with the Republican WH to get prosecutors fired for not carrying out the Republican Senator’s political agenda are acting well within their rights. Holder is not nearly so timid.  He’s spelled it out. Prosecutors are fair game for Congresspersons, at least those with the right WH ties.

I guess we should be grateful he hasn’t handed out paintball guns to Democratic legislators and encouraged them to mark the weak links in his legal herd – the ones that haven’t been compliant enough to keep their jobs.

At least, not yet.

And besides, haven’t we already learned what Holder just told Conyers in that letter?

Firing the Republicans in 2006 and 2008 didn’t impede or obstruct the attacks on the rule of law one little bit.

Update: On the good news front – Happy Day fatster!

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Cowboys, T. Jeff’s Declaration, Bond Bitchez and Teh Porn Stash

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Hi there buckaroos and buckarettes. Sometimes a man has gots to do what a man has gots to do. Now is one of those times. Marcy up and penned this most awesome cutting, biting, truth to power wonderful post. And then she went and buggered the pooch with a sandpapered, plain vanilla, non confrontational milquetoast title.

Bleeeccchhh.

Responsible blog wingman and all that I am, I immediately pointed out the title should be “The Declaration of Independence, Obama’s Presidential Kill Cards and the Porn Stash”. Same old story; same old song and dance. Nobody ever listens to good old bmaz. Instead we went with the Wolf Blitzer/Jonas Brothers/Disney Lite title of “Keep Your Declaration of Independence Right Next to Your Assassination Cards”.

Yawn.

Come on, you just know that Michael Leiter, the designated human kill switch of the Obama Administration, keeps those two critical reference materials – the Declaration of Independence and the US Government’s deck of snuff cards – in the safest, most discreet and yet accessible, location to his bedroom. You know, right where he keeps his porn stash.

Now what is really odd about this report, and does not register at first blush, is that Leiter has mentally honed in and lasered his focus on the Declaration of Independence rather than the Constitution. Seriously; think about it. It is an incredibly telling difference.

Here is the opening text of the aggressive and intentionally somewhat in your face Declaration of Independence, the forward cry and belligerent marking of territory by a new nation staking its claim in the world:

When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

Then ponder the respectful, moral and enlightened reach of the Preamble to the Constitution, the hallowed document that Leiter and Obama ought to be paying attention to when deciding to remotely snuff human lives (including, by all reports, those of American citizens) without the protection of due process and by the cold mechanical death by drone:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The Declaration is an affirmative statement of manifest authority; the Constitution is a self imposed restriction of manifest authority and protection of due process in the face of it. So, there are a lot of issues with this whole gig surrounding Leiter and his nighttime is the right time to kill thing. And people were worried about Hillary getting a 3 am call; seems all so quaint now.

Oh, and by the way, T. Jeff it has now been concluded made a mistake in drafting the Declaration of Independence, and had it even more authoritarian than anybody ever knew:

Preservation scientists at the Library of Congress have discovered that Thomas Jefferson, even in the act of declaring independence from England, had trouble breaking free from monarchial rule.

In an early draft of the Declaration of Independence, Jefferson wrote the word “subjects,” when he referred to the American public. He then erased that word and replaced it with “citizens,” a term he used frequently throughout the final draft.

The Library released news of the struck word for the first time on Friday.

Jeebus, even dead presidents and founders are going rogue.

The other quite random thought I cannot pry from my beady little mind is the slathering coverage of the super hot, most awesomest, Redhead Rooskie Spy Babe, Anna Chapman. At first I could not figure out the singular fascination of the press with this chick who is being billed as the new “Bond Babe”.

Then it dawned on me. Chapman is hot, red, sultry and enticing. And she looks eerily like a young and come hither Maureen Dowd. Come on, you just know Howie Kurtz and his penis er the media is thinking that.

Well, that is yer friendly Friday Night Emptywheel Trash Talk. New and improved with no sports! Eh, it will be Favre season soon enough, so do not despair. Tonight’s musical interlude is a little slice of the old west I know and love. Actually, I like both kinds of music, country and western. The incomparable Phil Lynott and Thin Lizzy with The Cowboy Song. Oh, and the Boys Are Back.

Happy trails pardners!

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Obama Embraces Killer Drones with Communications Problems

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As bmaz pointed out last week (and Darkblack illustrated so brilliantly), killer drones are coming to America.

In fact, they’re coming to America in more formalized fashion, as Janet Napolitano confirmed that the US will add drones to the Texas border.

The Obama administration announced Wednesday that it will station an aerial drone in Texas as part of its stepped-up surveillance of criminal trafficking along the Mexican border.

[snip]

Texas Gov. Rick Perry (R) and Sen. John Cornyn (R-Tex.) had pressed for months for a pilotless drone, and when it was slow in coming, Cornyn blocked Senate confirmation of Michael Huerta to be deputy director of the FAA.

On Wednesday, after learning that the agency had given its approval for the unmanned aerial vehicle, or UAV, to operate in Texas, Cornyn said he would allow a vote on Huerta.

“While the approval process should not have taken this long, I’m pleased to see the FAA moving forward,” he said. “The FAA needs to implement a system that will reflect the great importance of border security as well as the growing significance of UAVs in homeland security and national defense.”

This bodes ill not just because it probably starts us down a slippery slope that will bring drones patrolling skies near you. But also because the drones aren’t exactly fail safe, as Noah Shachtman reported last week.

For years, drone proponents have pestered the Federal Aviation Administration to let more robotic planes fly in American airspace. For years, the FAA has squirmed; they don’t want the drones wandering off-course over Cleveland, or smacking into a traditional airplane as it makes its way to O’Hare.

Incidents like this won’t help that comfort level: The first unmanned aerial vehicle (UAV) flying on a Texas-Mexico border security mission lost communications with its remote cockpit, leading to undisclosed “pilot deviation,” a U.S. Customs and Border Protection spokesperson tells the Brownsville Herald.

No word on whether American hackers have figured out a way to hack drones the way the Iranians did.

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Erik Prince Follows Halliburton Beyond Reach of US Law

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Remember how Halliburton decamped to the United Arab Emirates a number of years back? There was some discussion that might be because UAE won’t extradite people to the US.

The suggestion that he’s moving to a place where he can’t be extradited to the US is even more interesting in the case of Erik Prince.

Sources close to Blackwater and its secretive owner Erik Prince claim that the embattled head of the world’s most infamous mercenary firm is planning to move to the United Arab Emirates (UAE). The Middle Eastern nation, a major hub for the US war industry, has no extradition treaty with the United States. In April, five of Prince’s top deputies were hit with a 15-count indictment [1] by a federal Grand Jury on conspiracy, weapons and obstruction of justice charges. Among those indicted were Prince’s longtime number two man, former Blackwater president Gary Jackson, former vice presidents William Matthews and Ana Bundy, and Prince’s former legal counsel Andrew Howell.

The Blackwater/Erik Prince saga took yet another dramatic turn last week, when Prince abruptly announced [2] that he was putting his company up for sale.

While Prince has not personally been charged with any crimes, federal investigators and several Congressional committees clearly have his company and inner circle in their sights. The Nation learned of Prince’s alleged plans to move to the UAE from three separate sources. One Blackwater source told The Nation that Prince intends to sell his company quickly, saying the “sale is going to be a fast move within a couple of months.”

Sounds like a guy trying to leave town before the Sheriff comes for him, huh?

Either that, or Prince is doing so much business with other countries, he just wants to be closer to his client base.

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The US Prison Colony

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I’m not in the least surprised by the LAT report that Obama is trying to come up with a compromise plan that would allow it to use Bagram as its terrorist prison even after it hands over the prison to the Afghans.

The Obama administration wants to retain the ability to hold terrorism suspects from other countries at its largest prison in Afghanistan, even after it hands control of the facility to the Afghan government next year, according to U.S. officials.

If Afghan officials agree, it would give the administration a place to interrogate terrorism suspects captured in countries such as Somalia or Yemen. President Obama made a high-profile pledge to close the prison at Guantanamo Bay, Cuba, after taking office last year. But that would leave the administration without a lockup for those suspected of plotting attacks against the United States.

It’s how story describes the thought process by which existing options cannot be used.

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Congress Thinks BP Commission Needs Subpoena Power, Too

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A bunch of hippie members of Congress noticed the same thing about Obama’s BP Commission that I noticed: it lacks subpoena power.

So Lois Capps and Ed Markey in the House and Jeanne Shaheen and several of her colleagues are pushing legislation to give the Commission subpoena power.

U.S. Senator Jeanne Shaheen (D-NH), along with nine Senate colleagues, today introduced legislation to grant subpoena power to the bipartisan National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, which President Obama created by executive order on May 22.  Congress has previously granted subpoena power to presidential commissions investigating national crises, including the Warren Commission and the Three Mile Island Commission.  Joining Shaheen on this legislation are Senators John Kerry (D-MA), Byron Dorgan (D-ND), Patty Murray (D-WA), Mary Landrieu (D-LA), Bob Menendez (D-NJ), Bob Casey (D-PA),  Amy Klobuchar (D-MN), Mark Begich (D-AK), and Kirsten Gillibrand (D-NY). The Senators strongly believe that the BP Commission must have subpoena power to ensure access to all the evidence it needs to undertake a complete investigation on the causes of the spill and make meaningful recommendations on how to prevent similar disasters. Today, Representatives Lois Capps (D-CA) and Ed Markey (D-MA) plan to introduce similar legislation in the House.

Here’s the House version of the bill.

Now, I’ve actually been told that Obama, by himself, couldn’t give the commission subpoena power–I’m trying to clarify that.

I’m still not entirely convinced this won’t be a whitewash designed to enable future drilling in any case. But subpoena power sure would help.

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