No One Saw the Bybee One Memo, Either

One last detail from last years’ torture hearings before HJC. At the hearing with Daniel Levin, Keith Ellison asked whether, if someone relied on the Bybee One memo (the "organ failure" one), whether they could be prosecuted. 

Mr. ELLISON. Do you believe that the earlier memo gave license to people following its direction to engage in illegal techniques, interrogation techniques?

Mr. LEVIN. Well, it included a definition of torture that I frankly disagreed with and which would have, I think, allowed techniques that I would have concluded violated the statute. And it included this discussion of ways that you could overcome the statute, even if it applied and otherwise would have been violated.

Mr. ELLISON. So if somebody were to rely on that memo, the earlier memo, they would have been violating the law intentionally?

Mr. LEVIN. If somebody relied on the first part of that memo and went up to the limits of what it allowed, in my view they would be violating the law.

Now, again, maybe I am wrong and the earlier memo is correct. If somebody relied on the other constitutional overrides of these defenses, in my view they might well have been violating the law. It obviously would depend on the circumstances.

Mr. ELLISON. Did that ever happen?

Mr. LEVIN. I don’t know. I don’t know. I know there have been lots of investigations into sort of how things ended up happening and who was relying on what. My understanding was that that memo was very—was not broadly circulated. And so I don’t know whether people who were engaging in any conduct were even aware of the memo, let alone relying on it. [my emphasis]

Levin reports–about the Bybee One memo–something similar to what we’ve heard about the Bybee Two memo: that not many of the torturers had seen the document.

Beyond that, officials said it wasn’t clear that any CIA interrogators were ever informed of the limits laid out in the Justice Department memo.

"A number of people could say honestly, correctly, ‘I didn’t know what was in it,’ " said a former senior U.S. intelligence official familiar with the inner workings of the interrogation program.

So if both these reports are correct, then the torturers can’t claim to be relying on the Bybee One memo, nor can they claim to be relying on the Bybee Two memo. 

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Why Are Jersey Cops Changing Accident Story 7 Years after the Fact?

The latest news from Chris Christie’s crappy driving record is that the story he has told about a second traffic mishap is falling apart. He maintains he was heading to a local prosecutor’s swearing in ceremony.

Christie said he was heading to [Union County Prosecutor Theodore] Romankow’s swearing-in ceremony at the time of the accident, but could not remember where he was coming from. He said he also couldn’t recall how he got to the ceremony after the car was totaled.

But the cops are now saying–after having originally corroborated this story–that Christie was headed away from this swearing-in ceremony.

Elizabeth police today adjusted their account of the July 26, 2002 incident. Police Director James Cosgrove said Christie was on his way from — not on his way to — the swearing-in of Union County Prosecutor Theodore Romankow when the accident occurred around 5:30 p.m.

Now, it may be this is just real confusion. Or maybe the cops figured out the timing didn’t work out the way the story was originally told. Or maybe there was a reason–back in the day–to claim to be heading to rather than away from these things (do they serve cocktails after prosecutors get sworn in?).

But Christie’s stories do have a way of falling apart. 

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Christie Sued for Accident with Motorcyclist

I wasn’t all that interested in the news that Chris Christie knocked over a motorcyclist when driving the wrong way up a one way street–I’m more interested in doing the math to figure out whether he used his position to get the later accidents pled down in a successful effort to keep his license.

But the news that the cyclist Christie hit sued is noteworthy. (h/t scribe)

The motorcyclist was riding down Clinton street ( the right way ) and when he saw Christie in the intersection, the bike fell on its side and slid into Christie’s car, according to the accident report filed by the officer on the scene.

Mendonca was injured and taken by ambulance to the hospital. Not nearby Trinitas, but UMDNJ in Newark which has a trauma center. 

[snip]

We asked Christie about the accident in Atlantic City Friday and he was very curt with his answers. NJN South Jersey Bureau Chief Kent St. John asked if there was a lawsuit. Christie said “no” then “nope.”

But actually there was. According to the Superior Court Record Center in Trenton, Mendonca filed suit in 2004. The complaint filed in Essex County was later dismissed, indicating ( according to the Clerk ) an out of court settlement.

Hey, I would sue, too if I were put in the trauma ward by some bozo driving the wrong way down a one way street. I would settle, too, if I were a politico hoping to run for Governor.

But I probably wouldn’t lie about it when asked. 

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Is All This about C Street?

I’m curious. Is all the language Mark Sanford uses about God wanting him to remain Governor about C Street?

He’s using the language of the Chosen and–in a state that can match him for fundie cred (or, for those who haven’t admitted adultery, exceed him)–he’s saying his God knows better than others’ God.

Embattled South Carolina Gov. Mark Sanford acknowledged Tuesday that he has been shaken by the failure of a single fellow Republican to back him in his fight to save his job, but vowed to fight on for conservative causes and for "what God wanted me to do with my life." 

[snip]

He said he intends to complete his term, not to hold on to power but to fight for conservative principles of governance.

"I feel absolutely committed to the cause, to what God wanted me to do with my life," he said in an interview. "I have got this blessing of being engaged in a fight for liberty, which is constantly being threatened."

 Plus, the conflation of "liberty" with "God" seems like solid C Street propaganda.

I’m wondering whether Sanford is refusing to step down because the powers he must answer to–as distinct from SC’s Republican party–have told him to stand his ground.

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As Justice Stevens Winds Down, Will Obama Continue SCOTUS Trend To The Right?

From Yahoo News, we hear rumblings Justice John Paul Stevens may be winding down his time on the Supreme Court Bench:

Supreme Court Justice John Paul Stevens has hired fewer law clerks than usual, generating speculation that the leader of the court’s liberals will retire next year.

If Stevens does step down, he would give President Barack Obama his second high court opening in two years. Obama chose Justice Sonia Sotomayor for the court when Justice David Souter announced his retirement in May.

Souter’s failure to hire clerks was the first signal that he was contemplating leaving the court.

Stevens is 89 years old and has been sitting with the Supremes for nearly 34 years; it has been a long and remarkable run. And the article, and the sources quoted therein are quite correct, while certainly not definitive, this augurs very much in favor of the thought that Stevens intends to step down at the end of the upcoming term. There is a pattern and flow of such things as clerk hiring in the Federal appellate bench, and this is very telling.

Sadly, whether it is at the end of this term or next, or god forbid an unplanned event in the interim, it is quite clear that Justice Stevens is nearing the end of his storied stay, and it is time to talk about what person and what ethos will take his place and maintain into the indefinite future. The Supreme bench has been moving ever to the right ideologically for a some time now, and it took another incremental step in that direction with President Obama’s appointment of Justice Sotomayor to replace the departed David Souter.

Whatever opinion one has of Justice Sotomayor, there is simply no way possible to view her elevation to the Supreme Court as doing anything substantive to stanch the rightward flow of momentum on the Supreme Court. And therein lies the concern with what President Obama will do as far as Justice Stevens’ eventual replacement. Quite frankly, Obama ran on a platform of undoing the wingnutting of the Federal Courts, but so far has done nothing to rebalance the equilibrium they once enjoyed.

As to the Supremes, neither the progressives nor the Democratic party as a whole should stand for another conservative centrist pick from President Obama. The only thing controversial about Sotomayor was that she was a Hispanic woman, her Read more

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Confirmed: 7 People, One Kid’s Seat, 4-Door Car

Or at least that’s the story that Chris Christie has settled on to explain away his 2005 traffic stop.

Christie said that he had not identified himself as the U.S. attorney, but that a tow truck driver had recognized him. He was allowed to drive home to Mendham, about 44 miles away, because his four children were in the car, not because of his position, he said. [my emphasis]

But aside from apparently defying the laws of physics (not to mention laws pertaining to child restraints and seat belts), Christie’s story keeps getting muddier. There are the questions about whether Michele Brown was the one big-footing the US Attorney’s office with the traffic cops.

Christie also denied a report that Brown had gotten out of the car during the stop and flashed her badge.  

Add to that the fact that the police director who so helpfully explained, last week, that Christie was let go because his four kids were present has gotten all quiet.

For example, when I spoke to the prosecutor who handled the case for Lambertville he said he did not ever see the words “no deal” printed on the ticket. Well, it is clearly written there since the ticket was posted on politickernj. And normally cops write that when they have had an unpleasant encounter with a motorist.

I have also reached out the Lambertville Police Director. I was told he “wasn’t in” on Friday. And today I was told “he is no longer returning media calls.”

Maybe everyone else is beginning to recognize the rules of physics?

Well, the traffic stop is, in the grand scheme of things, pretty minor. But the Delayed Prosecution Agreements, whereby Christie funneled multi-million dollar contracts to one of the people the Bush Administration would like to keep wealthy and content, are not.

And on Christie’s DPAs too, his answers are not holding up. You’ll recall that Christie attended a rather contentious hearing on these issues in June, where he ultimately got up and walked out on Congress?  Well, now he’s trying to Cheney his way through Questions for the Record. As Congressman Steve Cohen writes in a letter asking for Christie to be more forthcoming regarding issues relating to the DPAs, 

So the manner in which you responded is particularly unsatisfactory. For all but two of the questions, you responded with a general assertion that the questions were answered in your oral and written testimony. At times Read more

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TT: Are You Ready For Some Football??

Yep, it is that time of year again; football season is upon us. Not to mention that we are about to enter the stretch drive in MLB and the long summer break is over in F1. It has been a long week, starting with the IG Report release and ending with services for the Lion, Ted Kennedy. So, take yer shoes off, have a cocktail and let’s have some fun.

NFL: Well, here comes another season, and it looks to be a doozy. Seriously, so many teams have got people back, have added key parts, and gained exciting rookies through the draft; there is simply a lot of excitement all across the league. The following are some random highlights as I see them at this early and somewhat unclear vantage point. Let us start off with the team I predict will win the Super Bowl, and that would be the:

New England Patriots: This pains me a little because of the natural inter-blog rivalry. And hey, my local professional football team was actually in the Super Bowl more recently than the Pats. No matter. Listen, the Pats were 11-5 last year with no Tom Brady all season, no Roidney Harrison and a rushing attack led by Sammy Morris. Oh yeah, and they sported a quarterback that had not started a game since high school. Harrison is gone, but they now have the closest thing to Joe Montana as far as cool (and with a better arm) I have ever seen back in the saddle and raring to go, and they have added Fred Taylor, a back that can still run wild if you don’t run him down with overwork. And I still love the Law Firm. The defense looks healthier too. Oh yeah, and that Bill Belichick guy. and someone named Moss, Randy. The Pats are not the sexy darlings of the moment, but they don’t care. They are the best coached team in the league and they have Brady back. Look out.

Some quick hits on the rest of the AFC: I wonder how the Fish will make use of Pat White; I think the kid is a winner. The Bills have TO, but I just don’t see them going anywhere. The Jets are a tough call. They really could be pretty tough if they run (love rookie pick up Shonn Greene, getting him and Read more

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Weight: —

picture-129.pngOkay, this may appear to be really catty, but I’m doing it to make a point, so bear with me.

How does a guy who is large enough such that the cops stopping him for multiple traffic violations didn’t write his weight on the ticket fit into what appears to be a sedan with his wife, his four kids (one of whom–now 5–would have been in a car seat in 2005) and one of the AUSAs who works for him? 

Because that appears to be the story Chris Christie is now telling about his traffic stop in 2005.

The reason the cops now give for letting Christie drive away in an uninsured, unregistered vehicle is that he had his kids with him.

[Lambertville Police Director Bruce] Coccuzza says, "He indentified himself."

Why was Christie allowed to drive away despite having no proof of insurance and no valid registration card? Coccuzza says, "He said he had insurance and he’s a person that produced federal I.D. credentials so you could probably assume that what he was saying was the truth……..is it consistent with the policy? No, but you do have special circumstances."

Coccuzza says the "special circumstances" were Christie’s children in the car not his job title. He says the fact that Christie was U.S. Attorney probably didn’t even register with officer at the scene, "From what I recollect I think she (the officer) even said at the time, ‘If wasn’t for the fact that you had a car full of children this car would be towed.’"

Of course, they would presumably have already seen the kids when they called the tow truck, but set that aside for the moment.

I’m more interested in how seven people (presumably including at least one car seat) fit in in a 4-door car.

Now there are several possible explanations. Perhaps only some of Christie’s kids were with him. Perhaps they left the then-one-year old and the then-four-year old at home with a sitter and brought the then-eleven and then-nine year old. Perhaps the car was an SUV–a five door car that fits seven apparently described as a four door. 

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The Prosecutor with Whom Chris Christie Has an “Ongoing Financial Relationship” Resigns

Remember how Chris Christie told a bunch of Republicans that he still had a bunch of AUSAs in NJ? Remember how he had an "ongoing financial relationship" with one of them, Michele Brown, to the tune of $46,000?

Well, he’s "got" one fewer AUSAs now.

The federal prosecutor at the center of the controversy over a loan made by New Jersey gubernatorial candidate Chris Christie has resigned.

In her resignation letter dated today, Michele Brown, the acting first assistant U.S. Attorney for New Jersey, said it has been an "honor and privilege" to serve, but she does not want to be "a distraction" for the office.

I wonder if she really resigned, or got resigned, when it became clear that it’s not cool for federal prosecutors to accept loans from their boss. Or maybe she didn’t want to be a distraction from Christie’s campaign?

Though I suspect we haven’t heard the last of this scandal.

Update: Nope, we haven’t. It appears that Brown was getting some bonuses.

The office has not disclosed Brown’s salary or raises, but Christie said she was at the top of the pay scale, so she got no salary bumps along with her recent promotions. She and others in the office did receive undisclosed bonuses, however.

Can someone explain how this is different from Margaret Chiara, who was fired because she allegedly gave bonuses to her favorite AUSA?

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Feinstein Issues Statement On IG; Misunderstands Army Field Manual

Senator Dianne Feinstein of California has issued an official statement "On Release of Documents Related to CIA Interrogation and Detention Program and Renewed Commitment to Army Field Manual Standard for Interrogations":

“The documents released today provide evidence that the CIA detention and interrogation program exceeded its authority as follows:

· Beating a detainee in Afghanistan, who later died in custody, with a heavy flashlight;
· Threatening a detainee with a handgun and a power drill;
· Staging a mock execution;
· Threatening to kill a detainee’s family;
· Choking a detainee to the point of unconsciousness;
· Applying waterboarding in ways that beyond what the Office of Legal Counsel had authorized, and not informing OLC of how waterboarding was being done in practice prior to the Inspector General’s report.

The IG report also noted a case in which the interrogators at a ‘black site’ recommended ending the use of enhanced interrogation techniques on a detainee, but were overruled by officials at CIA headquarters and told to resume waterboarding the detainee.

I first learned of this and other IG reports, starting in September of 2006. I expressed significant concern with the program and introduced legislation in 2007 to limit CIA interrogations to techniques authorized by the Army Field Manual. This provision was passed by Congress in 2008, but was vetoed by President Bush. I reintroduced this legislation in January.

President Obama has committed to requiring that the CIA only use the proven and effective interrogation techniques authorized by the Army Field Manual, and I strongly agree with that position.

The Senate Intelligence Committee is conducting a comprehensive, bipartisan study of all aspects of CIA’s detention and interrogation program. This study includes how the program was created and operated, how it was briefed to the Congress and other parts of the Executive Branch, its compliance with guidance from the Department of Justice, and the information produced. The study is ongoing. We have reviewed thousands of documents on a number of high-value detainees, and will review the cases of all such detainees.

The Committee’s study will continue until we complete our work, regardless of any decision by Attorney General Holder on whether to proceed to a criminal investigation. I Read more

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