March 29, 2024 / by 

 

$5.8 Million for Hatfill. $0 for Valerie Wilson.

Steven Hatfill will no longer have to complain that he can’t get a job anymore because he was once the leading suspect to be the anthrax terrorist. The government just signed a $5.8 million settlement with him, which includes a cash payment now and then $150,000 annual payments for the next 20 years.

The Justice Department has agreed to pay $5.8 million to settle a lawsuit with former Army scientist Steven Hatfill, who was named as a person of interest in the 2001 anthrax attacks.

Hatfill claimed the Justice Department violated his privacy rights by speaking with reporters about the case.

Settlement documents were filed in federal court Friday. Both sides have agreed to the deal, according to the documents, and as soon as they are signed, the case will be dismissed.

Jeebus, between this and his federal monitoring contracts, former AG Ashcroft, who really really wanted you to believe the DOJ was closing in on a suspect in the still-unsolved anthrax case, is sure proving expensive for the US taxpayer, huh?

Meanwhile, Valerie Wilson, who had her career ruined by the Vice President and his lackey Scooter Libby, gets nothing in compensation.

Just to put some persepective on things, you know… 


HJC Testimony: Mr. Unitary Executive and Mr. Yoo, Two

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Coverage of the hearing is on CSPAN3, the Committee stream, and good coverage (featuring Scott Horton and Jane Mayer) on KPFA.

Scott; Yoo, any discussion of SERE techniques?

Yoo: Can’t discuss.

Nadler: We need to know why.

Yoo: According to DOJ, privilege both attorney-client privilege and classified.

Nadler: Attorney-client not valid here. Classified is valid if it applies.

Yoo: I have to follow it.

Nadler: It’s difficult to assert your assertion of privilege on this issue bc Bradbury testified earlier this year and said it was adapted from SERE. How can this be privileged?

Yoo: Recognize that a-c does not apply. It is their privilege to raise. If you and DOJ have disagreement.

Nadler: Bradbury is the one making the decision on these privileges, but he answered the question.

Scott; Addington, SERE?

ADD: no, I don’t think I did, but no reason to dispute what Bradbury said.

Scott: Is torture illegal?

ADD: as defined by statute, it would be illegal.

Scott: international agreement of when it’s torture and when it isn’t?

ADD: Is a treaty in effect …

Scott: Don’t people know when it’s torture and when it’s not.

ADD: Senate put in reservation.

Scott: 9/11 did not change definition of torture.

Schroeder: it’d be hard to prosecute on opinion.

Scott: Does Administration have ability to write up such an opinion and torture people based on ridiculous memo.

Schroeder: No.

Scott: is it an excuse to torture if you got good information.

Schroeder: Treaty admits no exceptions.

Scott: If you’re going to go around torturing based on your memo, how do you know beforehand whether you’re going to get good information.

Yoo: Disagree with the premise of question.

Scott: If you can’t get information via other techniques, can you use harsher techniques?

Yoo: Nothing in statute that says anything about that.

Watt: Schroeder. Comment on your testimony, policy and law. In 22 years I practiced law, I had a client, who when he didn’t like my advice, he would say the lord told him to do otherwise. Are there things that go beyond Yoo’s memo?

Schroeder: Hope I’m not joining ADD and Yoo, not able to answer your question. We’ve read reports that water-boarding used on some subjects.

Watt: Would that go beyond Yoo’s memo?

Schroeder: I’d need to know more on water-boarding.

Watt: Recourse that public and Congress would have would be impeachment?

Schroeder: [Pondering] It would be difficult under legal theory in August 2002, to think of what remedy would be available other than impeachment.

Watt: What recourse does the public have against an Attorney.

Schroeder; Not in position to suggest that the advice the individuals gave didn’t know it wasn’t the best advice they could give.

Watt: Is there some recourse that the public has if the advice was egregious?

Schroeder: Bar Association.

Watt: Public has little recourse.

Schroeder: Disciplinary proceeding regarding disbarment first.

Cohen: Yoo, you worked for Ashcroft. Did you consider yourself an employee of his?

Yoo: Yes sir.

Cohen: Did you communicate with ADD sometimes and not communicate with Ashcroft.

Yoo; I never did anything to keep Ashcroft out of the loop.

Cohen: So Ashcroft knew of everything you did.

Yoo: We notified the AG, AG dictated who we could discuss it with, we shared drafts. There’s not way that

Cohen: Did General Ashcroft express concerns about you keeping him out of the loop.

Yoo: Can’t discuss any particular conversation.

Nadler: What’s the privilege.

Yoo: Any information or conversations covered by instruction of DOJ, either attorney client, or deliberative.

Nadler: Which privilege are you asserting.

Yoo: Justice Department, and a-c.

Nadler: How is the a-c implicated in a question about your communication with a superior. Are you the attorney in your position of the AG? Was he your client?

Yoo: It’s the DOJ who’s saying.

Nadler: Not authorized to discuss deliberative comments. Or confidential pre-decisional advice. The question was, did AG express concerns about your relationship with Addington. Does not ask about deliberative comments.

Yoo: After consultation. My recollection is that no, I never had such a discussion with AG.

Cohen: Any discussion at all where he indicated concern that you were not within your authorities. If WaPo and General Ashcroft said that he had that conversation, then AG Ashcroft would not have proper recall.

Yoo: My answer is

Cohen: I’ve got that, you don’t recall. I’ve been here a while.

Cohen: Shocked the conscious. Do you believe that?

Yoo: Interpreting cruel and inhuamne treatment. Constitutional amendments use that phrase.

Cohen: Shocked conscience depends on whether it’s without justification. Do you recall that?

Yoo: Memo says that.

Cohen: Malice and sadism before prosecuted. Where did those words come from?

Yoo: Case law.

Cohen: are you saying the law states it depends on my intent?

Yoo: Memo does not say that. Quotes several cases among many factors.

Cohen: is there anything that you think the President cannot order?

Yoo: You’re asking my opinion now. Opinions do not address that question. Those questions not before us. Today, a number of things, I don’t think any American president would order, and one of those things is torture of detainees.

Nadler: Gentleman yield. Will you answer the question. Not would he, but could he, legally?

Yoo: Not fair to ask without any facts.

Nadler: So there is nothing conceivable to which you can answer no, without knowing facts and context?

Yoo: You’re trying to get me to answer a broad question.

Nadler: Yield back.

Cohen: What branch is the Vice President.

King? Objection

Cohen: What branch are we in.

ADD: Neither to executive nor legislative, attached by Constitution to latter. 1961.

Cohen: Legislative branch.

ADD: babbling on.

ADD: Attached by Constitution to the latter. Constitution further says that Congress consists of Senators and Representatives.

Cohen: So he’s a barnacle.

ADD: I don’t consider Congress a barnacle.

King: On behalf of ranking member, I object to participation of non-subcommittee. Subcommittee participation could lead to situation where 10 others want to participate.

Nadler: Gentleman’s objection is correct. Precedent has been set many times over, I regret that the gentleman insists on point of order. I apologize to gentleman from MA.

Nadler: You stated to WS earlier that your involvement in CIA program greater than military program?

ADD: A number of meetings. Participating in legal meetings.

Nadler: You just said you’re not a member of executive branch. Why was lawyer for VP in such a meeting?

ADD: VP’s provide advice.

Nadler: And participate in various agencies business.

ADD: Modern VPs provide assistance and they provide staff. When the President’s staff wishes to have us participate?

Nadler: President asked?

ADD: We were included because it’s the practice.

Nadler: Any involvement in destroy tapes.

ADD: No

Nadler: If CIA’s program illegal do you bear responsibility?

ADD: Legal or moral opinion? Legal opinions…

Nadler: Given your legal involvement with CIA, would your discussions have any bearings.

ADD: No I wouldn’t be responsible. [may have said "except for moral"]

Nadler: AG and DAG not aware of your memo on DOD memo?

Yoo: Notified that we received request?

Nadler: Did you notify and send them copy of memo.

Yoo: drafts.

Nadler: Your prepared testimony said that these offices received drafts.

Yoo: DOJ has directed me.

Nadler: Not to name particular individuals.

Yoo: My recollection at time was that in delivering drafts to OAG, Counselor.

Nadler: Who

Yoo: Chongoli. My recollection in DAG, principle ADAG, Chris Wray.

Nadler: Did those offices make comments or revisions.

Yoo: Comments Yes. I don’t recall revisions one way or another.

Nadler: Can you say who made those comments?

Yoo: Any comments we would have received would have come from the people I just mentioned.

Nadler: Did you understand DAG and AG approved this memo?

Yoo: Could not issue without approval of their office. I can’t remember whether they sent memo signing it.

Nadler: What do you mean approval by DAG or AG, besides them personally.

Yoo: We received comm from OAG.

Nadler: Why was opinion signed by you instead of by head of OLC?

Yoo: I don’t have the dates in front of me. Bybee just about to go onto the bench. Timing of memo were very close, couldn’t be certain still in office.

Nadler: Schroeder?

Schroeder: Jay Bybee went onto bench 10 days after. At the time, so far as public record he was still AAG in OLC.

Nadler: After he went on bench, who took that position?

Yoo: There was an acting AAG. Classified matters can only be discussed by people cleared to know about them.

Nadler: that person wasn’t cleared?

Yoo: My recollection is that they weren’t clear at that time.

Nadler; King has asked to pass.

Conyers: Schroeder, as former acting, any improprieties about how memos put together?

Schroeder: Unusual for memoranda as significant for 9/25 and March memo to be signed by Deputy. If assistant position vacant, I can understand. The kind of memoranda that would be issued by AAG. Practice as Yoo has said to solicit advice of other components where there is disagreement, so in this case there was either unanimity or some disagreements not noted for the record. WRT memoranda that deal with interrogation and torture, there is some expertise on what torture means, bc both State and INS apply decisions based on torture. In both contexts, two departments have adminsitrative understanding. I would have expected that those two reservoirs of internal knowledge. CIA didn’t allow State to be contacted. Highly unusual.

Conyers: Yoo has claimed lack of guidance on meaning of torture which was why he used health care statute. Do you have any comment on that circumstance.

Schroeder: To amplify on what I just said, working knowledge that would have provided more guidance. At least for some reference points.

Conyers: Schroeder, Yoo has claimed that August 2002 memo revoked that there’s a footnote in revocation memo stating that conclusions remain in force. Am I missing something?

Schroeder: Not my understanding. Levin has testified that’s an erroneous interpretation.

Ellison: Schroeder: When a person who’s at OLC drafts a memo advising on any legal matter, in your experience, is there an ongoing role?

Schroeder: Vary from topic to topic. Would not be unusual.

Ellison: In your experience, someone trying to carry out, memo doesn’t speak to this instance. Does it apply?

Schroeder: No, not unusual.

Ellison, I’d like to know, to what degree did people doing interrogation get directed on how to implement that memo.

Schroeder: Those questions would tend to go through their lawyer chain of command. Unusual to call OLC lawyer directly. Many questions come from GC. Lawyer to lawyer.

Ellison: any interrogation.

ADD: On one trip, saw someone, on a screen.

Ellison: any questions directly?

ADD: I don’t recall, don’t think it happened, it wouldn’t be appropriate.

Ellison: indirectly.

ADD: I spoke to GC office at CIA, but also at DOD.

Ellison: who in mind at CIA.

ADD: General Counsel, Muller. Acting GC, still acting [this is Rizzo].

Ellison: Did you witness going forward. Could you hear it.

ADD: Couldn’t hear it?

Ellison: group that made legal decisions on ongoing basis, Gonzales, Jim Haynes, and [yourself]

ADD Talked regularly with president and counsel, DOD GC, less frequently with CIA GC.

Ellison: Ongoing discussions with Haynes.

ADD: More monitoring what’s going on. If legal advice, ask OLC, typically would begin with Gonzales. Heads of agencies get legal advice.

Ellison: Do you deny being war council.

ADD: Never heard that label until Goldsmith wrote his book. I asked someone over here. I’m not a fan of cute names for meetings, it’s a habit in executive branch. I met on a range of issues, some of which dealt with interrogation. At DOD they would list those meetings as "War Council."

King: Back to this hearing purpose. I’m wondering what a person is thinking watching on CSPAN. Rhetorical question. Is it possible to precisely define torture in law.

ADD: Just off top of my head. About the only way I could think of doing is what happened with MCA, can’t do this can’t do this, and then catchall for dealing with certain things. Difficulty is thinking of everything. You would have a challenge.

Yoo: It is a difficult problem. Way statute was written was vague. it has become more specific, as in referring to Army Manual. We attached as appendix every decision we could find.

King Is it possible to precisely define. Is there room between manual and law, is there a level between manual and law?

Yoo: This all happened after I left govt. My understanding is that the statute refers to the manual.

ADD: Are there things that are not permitted by Army Manual but are short of torture? OLC has some opinions. So I believe yes.

King: I would agree with that answer.

ADD: Someone’s got to be able to rely on those opinions. I can think of five off the top of my head. Those people would not have engaged on their conduct without knowing that the AG had said this is lawful. They relied on that. THey need to be able to rely on that. We can’t leave folks in the field hanging on it.

Davis: Line of questions I pursued earlier. A lot of what we’re talking about is interpretation of statute. You’ve conceded there was a statute. I questioned you earlier why it would not have been important to reach out to the body that drafted the statute. Addington, you conceded that Specter and Sensenbrenner was not consulted. Why not reach out?

ADD: As a legal matter, I think you’re wrong. As a political matter, these were highly classified.

Davis: Very simple question. Let me make this a little bit easier. Yoo talks about an interpretation of anti-torture statute. I happen to think, from a policy standpoint and legal one, come to Congress, ask for statute to be clarified. You did that with PATRIOT. Was there anyone who advocated coming to Congress. Did you advocate it? Do either of you know of anyone who advocated coming to Congress asking for new statute, definition of torture.

ADD: No

Yoo: I don’t remember anyone doing that.

Davis: Anyone going to intelligence committees.

ADD: I’d recommend going to OLC which is what the law required.

Davis: Had you come to Congress, you would have shared responsibility. Sometimes you’ve had to, when SCOTUS told you had to. On your own, you’ve never done it. That’s what this committee ought to be focused on. Policy derived by executive branch didn’t feel need to share with Congress, left you with policy that has only your policy on it. Negative legacy for your administration.

ADD: Sounds like you’re implying that House and Senate didn’t know about interrogation.

Davis: You’re not saying intelligence committees knew about this definition of torture.

Watt: My time to Delahunt.

Delahunt; I don’t want to proceed unless staff has been able to communicate.  US signatory to torture convention. Domestic legislation to implement torture convention. Issue of what constitutes torture, what techniques are implicated, there are some techniques are per se considered torture, such as electric shocks?

Yoo: Electric shocks listed in appendix, violate other statute, torture victim protection act.

Delahunt: What about water-boarding?

Yoo: there is a description in appendix to 2002 memo that talks about trying to drown someone. People referring to lots of different things.

Delahunt: on three different occasions CIA used water-boarding.

Yoo: read same press accounts. Also in statement made by head of CIA.

Delahunt; Addington indicated you’ve had multiple conversations regarding interrogation with CIA. Did issue of waterboarding come up?

ADD: Not in position to talk about particular techniques.  

Delahunt: I’m glad that AQ has a chance to see you, Addington, given your penchant for being unobtrusive. There would be a question whether on those three occasions as to the technique used, whether it was a violation of convention against torture. Agree, Yoo?

Yoo:  One of problems, Convention against Torture different ways by different countries. As described by Hayden. May violate treaty as understood by some countries. Our understanding defined by torture victims protection act.

Delahunt: Whatever was used, I think we can agree, if they were used on American military personnel, it would still be an open question, whether violated Convention against Torture.

Yoo; Head of OLC, if we were using it as part of training, that it was his view that would not be violation of statute.

Delahunt: So if it was used by an enemy, an enemy would not be inviolation.

Yoo: I don’t remember whether Bradbury reached that conclusion. I want to make sure that it’s clear what Administration position was.

Nadler: If enemy interrogator used technique on American POW.

Yoo Would depend on circumstances. It would depend on circumstances. Appendix that lists trying to drown somebody.

Nadler Before we conclude. A number of unanswered questions, some on privilege, some on classification. We may need to revisit these questions. Can I get a commitment to make yourselves available.  

ADD: I didn’t invoke privilege. I said for the same reasons the President said in his speech.

Nadler if we determine we have to have an executive session?

ADD: If you issue a subpoena, we’ll got through this again.

Conyers; On balance, I’d like to thank the witnesses for coming forward, they’ve been, from their perspective they’ve been as candid as they could, I think they sense they may be likely to return. I want to thank them.

Nadler: I made a hasty observation wrt a member’s not repeating objection on Delahunt’s being here. I didn’t want to cast aspersions on his absence.  


HJC Testimony: Mr. Unitary Executive and Mr. Yoo

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Here’s a post I did on David Addington’s testimony at the Libby trial.

Here is John Yoo’s prepared testimony.

Note this hearing is a Subcommittee Hearing–so it’s Jerrold Nadler’s baby, not Conyers’. That means a subset of HJC’s better questioners will appear today: Nadler, Davis, Wasserman Schultz, Ellison, Conyers, Scott, Watt, and Cohen, with Franks, Pence, Issa, King, and Jordan for the bad guys.

Nadler: Subject of utmost importance to integrity of nation. Will not be permitted to be disrupted–anyone will be expelled immediately. Legal memos defining torture out of existence. I speak for many of my colleagues when I say the more we hear the more appalled we become. One testifying voluntarily, one testifying under subpoena. We will not be deterred by unchecked delcaration of privilege.

Franks: Almost 60 hearings on detainee treatment. Torture banned by various laws. Severe interrogations do not involve torture and they are legal. Results of waterboarding KSM, Abu Zubaydah, and al-Nashiri valuable. Alan Dershowitz says we can torture, so everything’s okay.

Franks just asked to submit evidence into the record. Nadler went, whuh? Nadler complains about Addington stiffing the committee for written testimony, but then submitting his own exhibits.

Nadler: I want to defend Dershowitz against allegations he’s an ultra-liberal. He just wrote a book advocating torture through warrants.

Conyers: More concerned about what we’re going to do, not any individual citizen. I don’t know why giving someone a lawyer is shocking to anyone. We have reports stating that our witnesses played a central role in drafting legal opinions on torture.

[Note: both sides look unusually prepared today, with Franks and Conyers both showing video from earlier hearings.]

Addington: 3 points. Iran-Contra said I was working for Cheney, in fact designee for Broomfield of MI. An author of prep for minority views, I had left before the report was written. More important, Conyers mentioned, wanted to give benefit of doubt. There’s one subject in which there’s no doubt, I believe everyone on this committee want to defend this country, protect it from terrorism, differences on how that’s accomplished. Thank you.

Nadler: Sorry I gave you too much credit. Is that the entirety of your statement?

[Nadler seems befuddled by ADD]

Yoo: Thank you, appreciate Conyers open mind. Waive rest of my time.

Nadler: You don’t want to summarize it?

Yoo: I don’t need to.

Yoo: In response to comment about privilege, I have received instructions about what kinds of things I can talk about. I want to make clear, I have every desire to help committee, but also professional obligation to DOJ. There could be conflict between the committee…

[Shorter Yoo: Prepare for lots of stonewalling.]

Yoo: Remember the context. 9/11.

Schroeder: Not here to question anyone’s best faith efforts to protect the country. Events have taken place WRT detainees, military commissions, behind each of these occurrences, legal analyses have mistakes in them. Important to look back. Three points about memoranda. 1) Memoranda starkly reflect extreme view of absolute uncontrolled power. This power if applied to WOT is breathtaking in its scope. Defined that battlefield includes the US. Tactical decisions about how to go after terrorists, interrogate, detain, for the president to assert that in each and every respect that the president has unilateral and unreviewable authority is a position that’s far outside mainstream of jurisprudence. 2) Not a criticism simply raised by Bush’s opponents. Goldsmith. "Deeply flawed, sloppily reasoned, overbroad" Comey et al refused to agree that warrantless wiretap program was legal. Deeply flawed view of jurisprudence on strengths and limits of what president can do in face of statutory prohibitions. 3) Don’t seem to have followed internally within OLC good practices. Yoo supplied more details. Still leave a number of questions in mind.

Nadler: Addington. Did you play a role in analysis of August 1 interrogation memo?

Add: No. I didn’t say I had nothing to do with it. Let me read to you. Excerpt from a book. War by other means. Page 33. Various media reports that his (ADD) was so outsized. As the drafter of many of those opinions find this claim to be so erroneous.

Nadler: We don’t need these quotes. Tell us what your role was.

ADD: [Writing notes down.] I’d be interested in seeing doct you’re questioning me about in front of me. Assuming you and I are talking about the same opinion. Yoo coming over to see Gonzales. Gave us three subjects he was going to address. Goes off and writes opinion. [getting opinion] Mr. Yoo has not defended himself. I can as client on this opinion. [Huh? I thought Gonzales was opinion.]

Nadler: WaPo ADD advocated memo’s most radical claim, that the President may authorize any interrogation method even if it crosses into torture.

ADD: No, Yoo said, I’ll address COnstitutional authority of President.

Nadler: You didn’t advocate any position. Do you believe PResident can authorize violations of torture statute.

ADD: What we’re talking about are laws.

Nadler: Do you believe President can authorize violations of federal statute.

ADD: As general principle, no. But facts matter.

Nadler: When do you believe that President can violate certain statute.

ADD: I didn’t say that.

Nadler: Is there any set of facts that would justify president violating statute.

ADD: Not going to render an opinion on every law.

Nadler: Do you believe that torture can be justified out of self-defense.

ADD: I’ve relied on opinions issued by DOJ.

Nadler: Did issue an opinion that President can violate FISA.

ADD: Constitutional questions raised about whether execution of statutes.

Nadler: Torture child to get information

ADD: You’re seeking a legal opinion. I’m not here to give you legal opinions, you have your own lawyers to do that.

Nadler: What?

Nadler: Yoo. Severe pain, must rise to death, organ failure, or serious impairment. Where did you get that language from?

Yoo: August 1 memo? Your question is where did it come from?

Nadler: How did you come to that conclusion?

Yoo: When Congress passed that statute, no definition. No guidance.

Franks: Clinton authorized assassination of OBL. Do you believe this is one of the implausible theories of criminal defense?

Schroeder: I haven’t reviewed that opinion. The way the 2002 opinion are among the pieces of legal reasoning that are far-fetched. He says CrimDiv reviewed memo. He doesn’t say they approved the memo. I’d be surprised if they did. Unless necessity was explicitly, it wasn’t available. I’d be surprised to hear CrimDiv was in there.

Franks: It does appear interesting to me that Clinton could issue memo saying that assassinating someone is self-defense but now we’re debating waterboarding. Yoo, part of Esquire interview. Precise guidance. Very well stated. Didn’t want opinion to be vague. Clear line. Elaboration?

Yoo: Interview speaks for itself. Now, I think that when you’re called on to interpret statute that Congress hasn’t defined, people have to have clear definition.

Franks: Try as they might, majority should not be spinning life and death into soap opera. Interrogation was disclosed to Pelosi, she did not object. Was successful in preventing terrorist attacks.

ADD: Schroeder said not a good idea that Bybee memo addresses necessity. That’s what his client asked him to do. It is the professional obligation to render opinion on what his client asks.

Conyers: Yoo. Appreciate appearance. During public debate it was reported you were asked that a President could order a suspect’s child be tortured in grusome fashion.

Yoo: I continued to explain a number of things. It stops mid-sentence.

Conyers: Okay. Thank you. Is there anything that the president cannot order to be done to a suspect if he believed it necessary for national defense?

Yoo: It goes back to that earlier question. Can I make clear, I’m not talking about…

Conyers; Just answer the question counsel.

Yoo: My thinking right now is that, first, the question you’re posing

Conyers: What is the answer? You’re wasting my time. We’ve all practiced law. Could the president order a suspect buried alive.

Yoo: I don’t think that I’ve ever given the advice

Conyers: I didnt’ ask you that. Do you think

Yoo: My view right now is that no American president would feel it necessary to order that.

Conyers: ADD. Did Cheney sit around approving interrogation techniques.

ADD: I wasn’t at a meeting of the description you’ve given.

Conyers: Does unitary theory allow President to do things above

ADD: We all take oath to protect and defend Constitution. I don’t know what unitary executive is. It’s all described as Addington’s. I’ve used it in quoting OLC opinions.

Conyers: You don’t know?

[some steam]

ADD: I know exactly what I mean by it. The use of word Unitary by me, all it refers to is the first sentence of Article II, One president. All executive power. Not the parts that Congress doesn’t want to exercise itself.

[Note: a friend in the audience says that Conyers rattled both Yoo and ADD]

King: Perhaps Chairman can bring down temperature.

ADD: Some things in Sands’ book that were accurate and some that weren’t.

Yoo: Sands said he had interviewed me for the book. He did not interview me.

King: At least WRT that statement, you find that to be a false statement.

Yoo: I can’t tell what’s in the book. He contacted me, I said, I wrote my own book. He told the committee he’d interviewed me.

King: We’re still in middle of war. Context of 2008 or 2001, smoking hole, reconstruction of Pentagon. Without regard to Constitution or statute, different context. If the President had said we were going to cuddle up to terrorists. If we had been attacked again, which we haven’t been, well, not on this soil.

ADD: Everyone wants to protect Americans. The Chairman lost several thousand in his district. We looked, I looked, through three filters, back when they were still smoking. First, was support and defend constitution. Everyone takes same oath. President has a different oath. Second filter is how within the law, within the law, I help maximize the President’s options in dealing with it. Third filter, when you go to war you ask a lot of people to do some tough things. Chairman served in Korean war period. You want to make sure whatever orders they’re given they’re protected. One thing I would add, things were different back then. Things are not as different today as people seem to think. There can be legitimate judgments and disputes. No American should think the war’s over. That’s wrong.

Davis: Yoo, have not read your book. Opening statement you make observation that it was your analysis that the anti-torture statute, the interpretation would depend not just on method, but on subjects metal and physical condition. Test for torture in part subjective? In response, that interpretation did not come from legislative, not judicial opinions, there was no Congressional guidelines. One good source of Congressional guidance, members of Congress. Did you consult with Sensenbrenner?

Yoo: I want to correct one thing I said.

Davis: Was Sensenbrenner consulted? ADD

ADD: I did not, and I don’t know whether anyone did or did not.

Davis: Was SPecter consulted?

ADD: That’s irrelevant to legal interpretation.

Yoo: I don’t know.

Davis; Process of consulting with intelligence committee. Yoo, did you consult?

Yoo: All I know is what I’ve read in the papers.

Davis: To your knowledge they were not. Addington.

ADD: no reason their opinion would be relevant.

Davis: Thank you for answering that w/o too much struggle. We’ve heard "Context" over and over again. You had a Congress that was a rubber stamp for your agenda. You got PATRIOT, Force resolution, bipartisan support for both of them. 107, 108, 109, not a single time Bush Administration rebuffed on nat Security. Got expansion of FISA. Got MCA. We wouldn’t be here today had you come to congress if you had said, give us an interpretation of what this meant. Tell us Sensenbrenner, Specter. The problem, I’ll address to ADD, when you’ve got a Congress that’s a rubber stamp for what you want. You ought not to be disrespectful of this branch of government. You didn’t even trust people who were rubber stamps for you.

Ellison: Did you write August memo.

Yoo: I contributed to drafting about it.

Ellison: You checked in with Addington about what you were going to cover.

Yoo: I’m not allowed to talk about any individuals. I gave draft of opinion to WHCO.

Ellison: Yes or no. I’m asking you to confirm whether what Addington reported was right or not right. I hope this isn’t coming out of my time.

Yoo: I have to follow guidance from DOJ.

Ellison: What privilege are you asserting? Who else was present when you checked in with Addington? Is that a repeat of your last answer?

Yoo: It’s not my choice.

Nadler: Are you asserting a privilege? What privilege are you asserting?

Yoo: I assume, I can’t say what the Justice Department’s belief.

Nadler: The DOJ cannot order you wrt your testimony. It can instruct you to take a privilege. If you are asserting a privilege, we’re entitled to ask you what privilege you’re asserting.

Yoo: I beileve it’s attorney-client privilege.

Nadler: since you’re not under subpoena, we’ll take that under advisement.

Ellison: What do you mean by implement?

Yoo: It can mean a wide number of things.

Ellison: You contributed to memo. Memo was implemented at some point. Guidance was followed and put into action.

Yoo: You’re asking whether the memo was followed.

Ellison: I need you to stop wasting my time.

Yoo: You’re asking me about things that other people would have done, not me.

Ellison: Schroeder, do you understand about what implement means?

Schroeder: prompted by CIA, once advice was forthcoming, some of the techniques that fell on legal side of line were employed.

Ellison: were the legal techniques employed?

Yoo: We did not make policy.

Ellison: Did interrogators ever come back and ask for interpretations?

Yoo: Again, I can’t tell you

Ellison: Shroeder, was memo in effect during Abu Ghraib.

Nadler: Gentleman will suspend, again. Yoo, are you asserting a privilege.

Yoo: Mr Ellison’s questions may involve classified information.

Nadler: You’re asserting that in order to answer Ellison’s questions you might have to reveal classified information.

Yoo: As I understand question, I’d have to discuss classified information.

Davis: Parliamentary inquiry. After come back from break, if the chair would consider addressing Yoo and Addington, I’ve never seen two witnesses struggle so much with ordinary language. I’ve never seen it like this before.

Ellison: When the ones who were addressing the witnesses, did those individuals have a lawyer they could go to ask about memo that you contributed to?

Yoo: CIA has about 100 lawyers. I assume you believe CIA conducted interrogations.

Ellison: Were you ever asked questions about whether techniques were permissible.

Yoo: I can’t answer your question.

Nadler: You can’t answer without revealing classified information?

Ellison: Did your memo allow for use of siccing dogs on interrogated individuals.

Yoo: Same answer.

Nadler: Question was did your memo allow for that.

Yoo: Memo speaks for itself. Does not discuss what you just mentioned.

King: Help! I can’t keep flow when the chair asks questions of the member that was recognized. Chair trying to ask what privilege was invoked.

Wasserman Schultz: Addington. September 2002 visted Gitmo. A JAG attorney, Beaver, said the message was do whatever needs to be done. Did you visit Gitmo?

ADD: I went there a number oftimes.

Add: I don’t remember dates. I don’t know what period you’re describing. I’ve been there 5 times. Three or four

WS: Did you meet with JAG attorneys.

ADD: I don’t remember meeting her. Met her at DOD GC much later. Invited by DOD and thought it’d be a good idea. I don’t know about methods, I remember they would show us interrogation room, look through one way mirror.

WS: Did yo discuss interrogation methods?

ADD: I’m not sure this memo has methods.

WS: Did you discuss specific methods?

ADD: I don’t recall doing it.

WS You didn’t, or you don’t recall?

ADD: I don’t recall.

WS Did you discuss specific interrogation methods.

ADD: I don’t recall.

WS Any discussions about Augsut 1 memo that offered advise on interrogations.

ADD: Fairly certain I did not.

WS Do you deny that you said, do whatever needs to be done?

ADD: Yes I do deny that, that quote was wrong.

WS: What kind of interrogation did you observe?

ADD: Orange jumpsuit.

WS: No phsyical contact with interrogators.

ADD: No.  


Is Mark Schauer a Better Cook than Cindy McCain?

You’ve no doubt heard that Cindy McCain got caught–again–plagiarizing someone else’s recipes.

Frankly, I’m not really sure why we insist our candidates’ spouses prove their authenticity by whipping out family recipes they may or may not have (though you’d think Cindy might just avoid getting in trouble the next time by revealing Budweiser’s recipe for piss-water).

But I do think there’s something to be said for candidates who can negotiate the banal world of everyday existence. When the spouse of the $100,000,000 Sugar Momma tells Ohioans that the crummy economy is all in their heads, and when the President needs the press corps to tell him that gas is (was) approaching $4 a gallon, it’s gratifying to know that some politicians can still negotiate the little errands that you and I run on a daily basis.

Which is why I think this video of Blue America-endorsed candidate for MI’s 7th Congressional District, Mark Schauer, is so cool. Mark’s making his wife’s pasty recipe (for the uninformed, a "pasty"–with a soft "a": paasty–is the hand-held pot pie that MI’s Upper Peninsula is famous for). And doing so damned competently. If you had any doubt he’s used this recipe once or twice before, those doubts will be answered by the way he crimps the pie-crust.

And just as importantly, he does the shopping too, knowing from experience which onion to get for the recipe (if this were mr. emptywheel, at the point he got the onion bin, he’d be likely to call me to figure out exactly what we needed).

Now, they’ve re-released this YouTube as part of a fundraising gig: Mark’s going to pick one donor out of a hat; not only will he make pasty for that donor, but he’ll do the dishes, too. So if you’re local to MI’s 7th CD, see if you can win a pasty from MI 7th’s next Congressman. But if you’re just feeling the need to support better Democrats this week (I know I am), donate through Blue America.

Cindy’s abject failure to produce her own cookie recipe will likely have little effect on whether her husband decides to "bomb bomb bomb, bomb bomb Iran." But having a Congressman who knows his way around the average grocery store would sure be a welcome addition to MI’s congressional delegation.


Mourning The Loss Of A Giant Recently Passed – Sunset Musings II

PrickyDespite the wall to wall coverage, not just on NBC and MSNBC, but all the networks, the hand wringing, the eulogizing, the lionization, the body lying in state at the Kennedy Center, and the funeral worthy of royalty, not enough has been said about the recent passing of a giant. Probably because all that bleating was about Saint Tim of Russert. I am talking about a different giant. A giant in my own family has passed. Granpa Pricky.

Granpa Pricky was our 24 foot tall saguaro cactus that majestically guarded the east entrance to Casa de bmaz since at least several decades before Casa de bmaz was built, and our house is almost fifty years old. Just woke up one morning and there it was, keeled over into the road. Saguaros are truly Pricky 1grand and majestic entities, standing tall as the guardians of the Sonoran desert. Granpa Pricky was not just a centurion, he was a home as well. There are now a couple of homeless woodpeckers. Actually these peckars don’t even peck wood that much. They like to perch on my chimney and wail on the metal vent cover on the top. Sounds like a freaking machine gun or jackhammer in the house. Very annoying. Metalpeckers.

At any rate, an autopsy was conducted. Any and all of these photos can be enlarged by clicking on them.

The whitish material in the center is very squishy. There is simply a ton of moisture in saguaros. And we don’t even have the cacti on drip systems; all they get is rain water, and it does not rain that much here. It is kind of fibrousPricky 3 pulp like stuff. People trying to survive in the desert desperate for water cut up that pulp and put chunks in their mouth to suck the water (and there is a lot) out. The cactus does produce a red, bulbous, pretty sweet fruit that is fully edible and not bad. Granpa Pricky died on June 5. Here is a photo just taken of the same cross section depicted above.

Note how the pulp is shrinking as opposed to the outer shell and especially the spine. The spine is the circle of dowel like looking things in the middle. When you tap on the outer surface of the pulp, which has hardened, you can tell from the sound that there is still simply a ton of water in there. It has been really hot here lately (112 degrees today), this thing is dead and cut up into pieces; yet it still holds that much water. Pretty remarkable. Saguaros Pricky 4have a relatively long life span. They take up to 75 years to develop a side arm. Granpa Pricky had three arms. The arms themselves are grown to increase the plants reproductive capacity (more apices equal more flowers and fruit). The growth rate of saguaros is strongly dependent on local precipitation patterns, and saguaros in drier western Arizona grow only half as fast as those in and around Tucson, Arizona. The night blooming flowers appear April-May and the sweet, ruby-colored fruit matures by late June. Each fruit can contain up to 2,000 seeds. Saguaro flowers are self incompatible and require a pollenizer to supply viable pollen. For more information, see here and here.

Well, that is the end of the desert discussion for today. If you are interested in knowledge of the desert ecosystem and all it’s different species, as well as some other Southwest, Pacific and Pacific Northwest ecologies, please visit the site of the Center for Biological Diversity. The center was founded decades ago by a friend, Dr. Robin Silver, and it really is a remarkable organization, the EFF or ACLU of Southwest ecology. Their website is also a superb resource of information.

Pricky SunsetIn closing, a photo of Camelback Mountain Western Camel Head’s Face/Praying Monk Rock, taken from close to the exact spot of ground where Granpa Pricky once stood guard. In the previous Sunset Musings post, I was forced to use a picture culled from the web that was actually taken at sunrise. This is the real deal taken during "golden hour". Last week was fast, furious, and a bitter disappointment. We got some incredible and fascinating substantive work in this weekend thanks to Marcy’s Ghorbanifar Meetings Timeline post. But I also wanted to do a couple of general, and lighter, things to give everybody a chance to vent, decompress, and recharge their batteries. So, the same rules from yesterday’s The Sun Always Rises post are in effect. Chat and comment away on any of the things we do or you want. If there was/is stuff in the news that is noteworthy, give a link and let’s discuss it (I haven’t even done my daily reading yet). Tomorrow, it is back to the war. FISA is not a done deal until the Senate sends it out in a form that Bush signs. But our backs are to the wall, and the road steeply uphill from here. Got some more effort left in you? I do.


Scott McClellan Testimony: Rove Is a Liar and Cheney an Oil-Hungry War-Monger

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I confess to being underwhelmed with the work HJC did with Scott McClellan’s appearance before the committee today. I’ll do a post later (once I’ve recovered from a terrible day for Democracy) on what I think was missed. But I’ll start with the positive–what I consider the highlights of the hearing.

Conyers started the hearing right, IMO, by introducing the meat-grinder note, showing that as Cheney was pressuring Bush to have Libby exonerated, Cheney was thinking of Bush’s order that Libby "put his neck in the meat-grinder." Conyers also made the case–which I made here–that Mukasey should turn over the reports from the Bush and Cheney interviews (doing anything else is really cooperating the ongoing attempts to cover-up the Libby case). Of course, HJC could have made a more compelling case that it needs the reports had they don’t a better job of explaining why the reports would be the only way to answer urgent questions about the leaks. But, aside from Chairman Conyers, no one on the committee made a concerted effort to present the abundant evidence that Cheney and Bush were involved in the leak of Plame’s identity. For example, when Jerrold Nadler asked McClellan whether Bush and Cheney had any knowledge of Libby’s involvement in the leak, he didn’t introduce that evidence that Cheney, at least, did, and Bush may have as well.

NADLER: Do you know when the president gave instruction to cover Libby’s rear end, did he know about Libby’s involvement? Scott didn’t know that.

Perhaps the best use of the hearing time came from (unsurprisingly–he usually excels in hearings) Artur Davis. Davis, who is from Don Siegelman’s state, got McClellan to admit that Rove not only would–but has–lied to protect himself from legal jeopardy and political embarrassment.

Artur Davis Let me circle around a person, Rove. You stated Rove encouraged you to repeat a lie. Indicated you’ve known him for some time. Committee extended invitation to Rove. I’m willing to talk, only if no oath, no cameras, no notes. Based on what you know does it surprise you that Rove wants limitations on circumstances.

SM An effort to stonewall the whole process.

Davis Would you trust Rove to tell the truth if not under oath.

SM Can’t say I would

Davis Not under oath.

SM I would hope he would. I’d have concerns about that.

Davis Did testify before GJ under oath. You don’t believe he told the complete truth to the GJ.

SM I don’t know.

Davis Karl only concerned about protecting himself from possible legal action. Do you believe he is capable of lying to protect himself from legal jeopardy.

SM He certainly lied to me.

Davis Do you believe he is capable of lying to protect himself from political embarrassment.

SM he did in my situation, so the answer is yes. [my emphasis]

While this may not help the Plame-related oversight, it’s an important admission, especially as HJC moves to get Rove to testify to the committee about Siegelman and other related issues.

Hank Johnson did a good job of getting McClellan to admit that the Libby commutation was unusual and could rightly raise suspicions about why Bush had commuted Libby’s sentence.

Hank Johnson Over 5000 requests for commutation. Of those, prior to Libby, Bush granted 3 petitions for commutation. He actually denied 4108 of those, others closed without presidential action. Reluctance to grant mercy is consistent with Bush’s conduct wrt death penalty cases. All of a sudden we’ve got White House confidant Libby. An attempt to silence Libby. A misleading of American public. On the same day that Libby found out that Appeals Court would not reverse the judge’s decision, Bush issued a commutation, without consultation of his own DOJ he decided to issue consultation of that prison sentence. Do you believe that?

SM I can understand why people view it that way.

Johnson Any reason to think that would not be reasonable scenario.

SM We haven’t had any answers to those questions.

Finally, one other good use of the hearing was unrelated to Plame: when Betty Sutton got McClellan to admit that Cheney’s rationale for the war may have been a desire to get control over Iraq’s oil.

Sutton VP may have viewed removal of Saddam opportunity to give US more control over Iraq’s oil reserves.

SM Hard to know what VP’s rationale was. If Iraq didn’t have large reserves, wouldn’t have been on the national security radar.

Sutton Anything specific?

SM VP’s involvement in energy issues.

Well there you have it–confirmation of two things we’ve known all along. Rove is a liar, and Cheney an oil-hungry war-monger.

At least we accomplished that much.


The FISA Fix and Obama’s Profile In Courage Leadership Moment

Whether by design or random chance, there is so much information, on so many and diverse subjects, flooding the politically astute citizen currently that it is hard to keep track. It seems like we are drawn from one crisis and seminal issue to another with the passing of not every day, but with the passing of every hour. And yes, they are all pretty much that important; but there are some that portend not just how we do in our lives, but who we are and what we stand for in the first place. Chief among those is the question of whether we are a nation of men freelancing in the public trough of goodwill, or a nation of laws in which men operate within the rule of law and under the edicts and guidance of our founding fathers and the Constitution they bequeathed us.

One of these issues has been at the forefront of out conscience for nearly a year now; the issue of how to improve the Foreign Intelligence and Surveillance Act (FISA) for the future we face and how to address the criminal violations of FISA we have suffered in the past. How we resolve FISA will go a long way indeed in indicating whether we are a nation of admirable laws or, alternatively, of mere opportunistic men.

The three critical parts of FISA that are the subject of the heated and protracted fight over reform are exclusivity, minimization and retroactive immunity. Simply put, exclusivity refers to the relative degree in which the resulting FISA law will control this area of the law. The original FISA statute was designed to be the

…exclusive means by which electronic surveillance … and the interception of domestic wire, oral and electronic communications may be conducted.

As Marcy Wheeler has pointed out however, the Bush Administration performed a terminally disingenuous end run around the exclusivity mandate of FISA via one of John Yoo’s made to order faux legal opinions. The exclusivity provisions must be made impervious to such sophistry and with sufficient teeth to insure future compliance by the executive branch.

Minimization is the word for the procedures the government uses to

remove and (eventually) delete any data from US persons collected incidentally in the course of surveilling someone overseas. If we could be guaranteed that minimization procedures are sound, then the whole debate over wiretapping would be easier because we could rest assured that if the NSA picked up anything on a US person it didn’t have a warrant for, it had to destroy it. That would mean that Americans could trust that they would only be wiretapped with a warrant approved (eventually, anyway) by a judge.

We live in an ever complex society served by ever more sophisticated communication means and devices. Even when our government takes it’s duties to protect the privacy and fundamental Constitutional rights of the citizenry seriously, which has certainly not been the case over the last seven plus years, it is impossible to not incidentally and accidentally collect up information that should not be so obtained. Getting minimization right means that the government will not wrongfully retain and/or use inappropriately obtained information and data.

Retroactive immunity is by far the most easily understood of the three concepts. The sole question is whether or not approximately forty lawsuits, that have already been consolidated into one general whole in the Northern District of California, for the convenience and economic efficiency of all concerned, will be dismissed in order to cover up the misdeeds and crimes of the Bush Administration and the rich multinational phone companies that conspired with them, or whether they will be allowed to legally proceed so that we may all learn the truth about what has been done in our name and accountability therefore assigned. It is really, at the root, that simple; truth and accountability or craven coverup.

The desperate push on FISA by the Bush Administration, complicit and subservient Republican Congressional leaders, and their telco partners is about to explode onto the forefront again. You are already starting to see the advance seeding by proponents seeking to seed the public with fear and alarm that if we don’t get on board with the whims and desires of the Bush Administration we will be exposed to terrorism and all die. In direct response, Professor Martin Lederman performs a beautiful technical dissection of this fraudulent scare tactic in full detail here.

No, the FISA fix is not about "listenin to al-Qaida to protect America from terrists" as George Bush et al. would have you believe. We have been doing that, and are going to continue to do that; and there is no disagreement whatsoever on that point. Rather, how we resolve FISA is what the disagreement is about, and it is a glaring symbol of what we are, and are going to be, as a country. We are either a nation of laws that protects citizens and their right to seek redress for being wronged by their government and it’s agents, or we are a nation of self serving men like George Bush and Dick Cheney that can, and do, get away with whatever illegal and immoral acts they desire.

Two men that have recognized that fact and stood resolutely and heroically from the outset are Senators Chris Dodd and Russell Feingold. Today, they remind us of what leadership truly is by way of a joint letter to the Democratic Leadership currently controlling the shape of the FISA fix process coming to a head.

As you work to resolve differences between the House and Senate versions of the FISA Amendments Act of 2008, we urge you to include key protections to safeguard the privacy of law-abiding Americans, and not to include provisions that would grant retroactive immunity to companies that allegedly cooperated in the President’s illegal warrantless wiretapping program.

With respect to immunity, we are particularly concerned about a proposal recently made by Senator Bond, and want to make clear that his proposal is just as unacceptable as the immunity provision in the Senate bill, which we vigorously opposed. As we understand it, the proposal would authorize secret proceedings in the Foreign Intelligence Surveillance Court to evaluate the companies’ immunity claims, but the court’s role would be limited to evaluating precisely the same question laid out in the Senate bill: whether a company received "a written request or directive from the Attorney General or the head of an element of the intelligence community … indicating that the activity was authorized by the President and determined to be lawful."

In other words, under the Bond proposal, the result of the FISA Court’s evaluation would be predetermined. Regardless of how much information it is permitted to review, what standard of review is employed, how open the proceedings are, and what role the plaintiffs’ lawyers are permitted to play, the FISA Court would be required to grant immunity. To agree to such a proposal would not represent a reasonable compromise.

As we have explained repeatedly in the past, existing law already immunizes telephone companies that respond in good faith to a government request, as long as that request meets certain clearly spelled-out statutory requirements. This carefully designed provision protects both the companies and the privacy of innocent Americans. It gives clear guidance to companies on what government requests it should comply with and what requests it should reject because the requirements of the law are not met. The courts should be permitted to apply this longstanding provision in the pending cases to determine whether the companies that allegedly participated in the program should be granted immunity.

Take a good look; read the whole letter. This is what real leadership looks like. If Pelosi, Hoyer, Reid, Rockefeller, and Reyes all had even half of the "right stuff" that Dodd and Feingold possess, we would not need to have this discussion. But, alas, they do not and, as a result, our collective backs are again against the wall on FISA. More, and higher leadership needs to occur.

Barack Obama has fought long, hard and well to win the chance and right to lead both the Democratic Party and the nation as a whole. It is time for him to so lead, and his leadership will make the difference in this fight if he is willing to take the mantle. I am not the first to call on Mr. Obama to step up to the plate. Last week, when the news first broke that HPSCI Chairman Reyes was indicating his, and his fellow Democratic House Leaders’, willingness to compromise cave and pass the Bush/Cheney FISA dream, dday at Digby’s Hullabaloo made a very eloquent plea:

I congratulate Barack Obama on his primary win and think he has the opportunity to bring forward meaningful change in America. In fact, he can start today. He can go to the well of the Senate and demand that the party he now leads not authorize new powers to spy on Americans and immunize corporations who broke the law with their illegal spying in the first place.

Barack Obama could put an end to this today if he wanted. He could tell his colleagues in the House and the Senate that they should not work so hard to codify into law what his opponent is calling for – the ability for an executive to secretly spy on Americans.

This really is identical to George Bush’s position and now the Democrats in the House are signaling their willingness to go along with it. Obama positions himself as a new kind of Democrat who wants to change Washington and has a background as a Constitutional scholar. There is no other issue which both shows the rot of the Democratic leadership and their disinclination to enforce or even recognize the Constitution than this one.

Truer words were never spoken. The time is now Mr. Obama, and you are the man. Even the Kennedys have put Mr. Obama up as a John F. Kennedyesque figure. Well, it is time for a Profile In Courage. And not just by Mr. Obama, but by all of the Democratic Leadership. The cause is just; the time is now. Limber you fingers. Oil your fax machines. Let Mr. Obama know that when he leads on this critical issue that we will not only follow, but will have his back. This is who we are; this is what we stand for. Let him know. NOW!

UPDATE II: The ground is shifting already. From The Hill:

Congressional Republicans are reviewing a Democratic proposal to break the logjam on electronic-surveillance legislation by allowing federal district courts to determine whether telephone companies seeking legal immunity received orders from the Bush administration to wiretap people’s phones.

That differs from a plan that Republicans, with support from the White House, floated right before Memorial Day that would give that authority to the secret court that operates under the 1978 Foreign Intelligence Surveillance Act (FISA). In both cases, the courts would not decide whether those orders constitute a violation of the law, according to people familiar with the language. The plan was floated by House Majority Leader Steny Hoyer (D-Md.) and has the support of Sen. Jay Rockefeller (D-W.Va.), the chairman of the Intelligence Committee.

“While several issues still remain, Sen. Bond believes he and Hoyer are making progress on crafting an ultimate compromise and remains hopeful that a bill to keep American families safe can be signed into law before the August expiration moves the intelligence community back to 1978,” said Shana Marchio, communications director for Sen. Kit Bond (R-Mo.).

Rockefeller said he is “mildly optimistic” that the plan could yield agreement, and added that the status of negotiations is “getting pretty darn good.” (Emphasis added)

The Democratic Leadership takes us for fools, and treats us accordingly. They have taken the Republican/Bush-Cheney White House dream plan and substituted the words "District Court" for "FISA Court" and run it up the flag pole to see if we will salute. Even Jello Jay Rockefeller seems like he might realize that this is pitifully weak and lame and is just hoping the citizenry is stupid enough to acquiesce. Let me repost the applicable paragraph from Senators Dodd and Feingold that addresses this latest ruse, with the only changes necessary:

In other words, under the Bond Democratic Leadership’s proposal, the result of the FISA District Court’s evaluation would be predetermined. Regardless of how much information it is permitted to review, what standard of review is employed, how open the proceedings are, and what role the plaintiffs’ lawyers are permitted to play, the FISA District Court would be required to grant immunity. To agree to such a proposal would not represent a reasonable compromise.

This willingness of the Democratic Leadership to belligerently betray the trust and best interests of their constituents, party and country is simply stunning. This is weak, shameless and traitorous leadership at it’s craven worst.
(h/t MadDog)

UPDATE I: Sen. Obama Phone (202) 224-2854, FAX (202) 228-4260 Courtesy of Rosalind in comments.


Can’t Gitmo Dirty – The Penultimate Straw

Marcy is in Minneapolis at the Wide Stance Film Festival National Conference for Media Reform (a really cool program I might add, the link is worth a look) and Ted Stevens clogged my tubes last night, but things look to be A-OK this morning.

Guantanamo The Showcase is starting to seep into the conscience. Marcy has pointed out the rather curious intersection of the right wing family value of hating on same sex marriage, and those who would wish to practice it, with military commission procedure. By far and away, the best national reporting on the Guantanamo Show is, and has long been, done by Carol Rosenberg at the Miami Herald. Marcy thinks it is Pulitzer Prize good; by the time the year is out, I’ll bet she may be right. Our friend drational has done a couple of posts reminding us that the Gitmo Showcase is much more than a macabre puppet play for the Cheney/Bush torture fiends, it is also a big campaign commercial for the "law and order" set at the GOP.

But I want to bring attention to something that really sank in for me yesterday morning and that a few people are starting to pick up on, but not many, and not nearly enough. Rosenberg laid out the background on the day long arraignment proceedings for the detainees at Gitmo at the link cited above:

But the day was remarkable — a 9 a.m. to 6:30 p.m. court session, including two prayer breaks — in which each man rejected the two to four military and civilian attorneys sitting beside him.

The director of the American Civil Liberties Union, Anthony Romero, watched from the spectators gallery in a fury. He had been building a death penalty defense fund and pool of criminal defense lawyers to help the military lawyers.

”It was one of the saddest days in American jurisprudence,” he said. ‘The word `torture’ was used so abundantly and the legal process continued.”

He blamed Pentagon haste to get the men to trial before the end of the Bush administration. Defense lawyers were not given sufficient time to forge attorney-client relationships ”with men who were tortured for five years,” before Thursday’s arraignment, he said.

Some of the men rejected the legitimacy of commissions, in which U.S. military officers serve as judge and jurors. Saudi Mustafa Hawsawi, who allegedly funneled funds for the terror plot, went last and appeared to be echoing the others who came before him.

At one point, after earning the right to defend himself, Bin Attash interjected with a question: “If we are executed, will we be buried in Guantánamo or sent back to our home countries?”

Kohlmann didn’t answer.

However, it was a couple of lines in a teevee report by NBC/MSNBC’s Jim Miklaszewski yesterday (Friday) morning that were what pegged the outrage meter for me. I cannot find a clip of the exact report I saw, it was on MSNBC at about 9-9:30 am Pacific time. If anybody knows it and/or has a link, please post it in comments and I will update accordingly. Here is how I described it at the time in an email to Marcy and some other friends you all know:

Usual junk except for what I am sure he thought were a couple of throwaway lines that I found real interesting. The first was the report we already heard about KSM in the courtroom yesterday at the arraignment being the leader and speaking to the other detainees there as a group, clearly exhibiting his authority. But then the reporter relates how a couple of the other detainees seemed hesitant to give up their military lawyers and be martyrs, but how KSM was explicit in commanding the others, and how the government is not necessarily unhappy with this because the more the military lawyers are out of the picture, the easier the detainees all will be to convict (and administer the death penalty to by extension).

Doesn’t seem that earth shattering at first; however, think through the dynamics to date and the blaring significance sets in. The US has assiduously kept the detainees separated and isolated all this time so that they could not communicate and have structural control from the top down and, then, out of the blue, viola! Right in the middle of the courtroom, Khalid Sheikh Mohammed is blithely allowed to huddle them up like Favre does the Packers. When they break huddle, all of them, even the hesitant ones, suddenly want to dismiss their JAG/military lawyers that have been doing such commendable work under impossible conditions. Exactly at the point it is useful to help the US rid themselves of those meddlesome military lawyers that have been beating up their dog and pony shows.

First the Cheney Administration sacked the military judge that had the gall to allow even a shred of due process to the detainees, and now they have effectively sacked the military lawyers that had the temerity to seek it. This was a knowing and intentional play to deny counsel. The US Administration knew what Khalid Sheikh Mohammed would do, and they knew that, given the opportunity, he would command the other detainees to do the same. So the US made sure it happened, so as to suit their demented self serving convenience. In writing this post, I have found one other person (h/t to Siun) that has also realized what occurred, and it is none other than Anthony Romero, the Director of the ACLU; everybody should know and be ashamed of what has been done in our name.

This huge bit of legal depravity is of truly profound significance, I cannot emphasize that enough. It sure will go an awful long way to wedge out and marginalize the only lawyers actually doing their job in this whole mess, and will insure that a competent record of the torture will not be created (even if the detainees do mention it). It will also hasten the death penalty killing of these detainees that are prime evidence of the whole US torture scheme. Pretty much is one big eraser and obscurer of the legal hash the prosecution has made. Brilliant. But morally, ethically and legally craven and deplorable. This is the story from the Guantanamo arraignment last Thursday that should be being discussed and decried. This is the penultimate straw; the last straw will be the snuff films that have been facilitated and hastened by Thursday’s Gitmo arraignment shame.


EW’s Trash Talk – Agony In Defeat Edition

There is a lot going on out there, so consider this a somewhat open thread to yammer at will.

The first item of business is the passing of Jim McKay.

He was host of ABC’s influential "Wide World of Sports" for more than 40 years, starting in 1961. The weekend series introduced viewers to all manner of strange, compelling and far-flung sports events. The show provided an international reach long before exotic backdrops became a staple of sports television.

McKay provided the famous voice-over that accompanied the opening in which viewers were reminded of the show’s mission ("spanning the globe to bring you the constant variety of sports") and what lay ahead ("the thrill of victory and the agony of defeat").

McKay — understated, dignified and with a clear eye for detail — covered 12 Olympics, but none more memorably than the Summer Games in Munich, Germany. He was the anchor when events turned grim with the news that Palestinian terrorists kidnapped 11 Israeli athletes. It was left to McKay to tell Americans when a commando raid to rescue the athletes ended in tragedy.

"They’re all gone," McKay said.

McKay was the first sportscaster to win an Emmy Award. He won 12, the last in 1988. ABC calculated that McKay traveled some 41/2 million miles to work events. He covered more than 100 different sports in 40 countries. In 2002, McKay received the International Olympic Committee’s highest honor — the Olympic Order.

McKay was simply an outstanding journalist and reporter. Not just for sports, but of any kind; he was that good. His work will live long, and we have all prospered from it. Thanks for all the thrills of victory and the agonies of defeat Jim, vaya con dios.

Now one of Jim McKay’s greatest loves was thoroughbred horse racing, particularly the triple crown races.

McKay’s first television broadcast assignment was a horse race at Pimlico in 1947. It was the start of a love affair — horse racing captivated him like nothing else.

"There are few things in sport as exciting or beautiful as two strong thoroughbreds, neck and neck, charging toward the finish," he once said.

Today is the Belmont Stakes and Big Brown is going for the triple crown. There hasn’t been a triple crown winner in thirty years, and Big Brown is a hell of a horse in what is seen as a weak field. Lets see if he can make it a special day for Jim McKay. I am pumped, and think this may be the year, and Big Brown’s biggest competition, Casino Drive, has been scratched from the field because of injury. But Big Brown has a little agony in da feet himself. Got a bum hoof, but the experts seem to think he is good to go. The Belmont sure will test it though, it is one long distance. What do you folks think?

Lastly, F1. Didn’t think I would leave F1 out did you? This weekend is the Canadian GP. Round seven of the 2008 Circus. The Montreal circuit is one of the faster tracks; should be a great race. Lewis Hamilton in the McLaren is leading the Driver’s Championship standings by a scant three points over Kimi Raikkonen of Ferrari; and four drivers are within six points of the lead, which is unusually tight grouping. The race is at 10:00 am EST and is being covered this week on Fox.


What Happened to the Other Half Million?

I’ve got just a few questions about the report that prosecutors have found $500,000 that former NRCC treasurer Christopher Ward embezzled (h/t dakine).

The former treasurer of a key Republican campaign committee embezzled more than $500,000 over a five-year period, using it to fund mortgage payments and a six-figure remodeling of his Bethesda home, according to court documents filed yesterday.

The papers were filed by federal prosecutors in an attempt to force the former treasurer, Christopher J. Ward, to forfeit his home to the government.

The government alleges that Ward, who had worked for National Republican Congressional Committee (NRCC) since the 1990s, made numerous unauthorized diversions of funds from its accounts and joint accounts set up with Senate Republicans. He often shifted money into his personal account just as payments for his mortgage or home remodeling were due, according to the court filing.

First, seeing as how the NRCC admits it has a million dollars less on hand than it thought it did, where did the other half million go? 

Well, if you look closely, these court papers pertain to money embezzled from the Presidential Dinner funds, not from the NRCC.

So I’m curious.  

Is it just that the embezzlement Ward did from the Presidential Funds is easier to find? Or is something different going on with the NRCC than they’ve been telling us?

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