McCain’s Lawyer Shell Game

In today’s conference call, John McCain was represented by John Dowd, of Akin Gump.

You might remember Dowd. He was the guy who made sure Monica Goodling got immunity before she confessed to the way she had politicized DOJ.

But more interestingly John Dowd helped Cindy McCain avoid all legal consequences for stealing drugs from her own medical charity (in the process, Dowd attacked the whistleblower who came forward to expose Cindy’s law-breaking).

How curious, don’t you think, that John Dowd after all these years has returned to defend McCain? (Greg Sargent notes that last year, John Dowd was mourning the John McCain he used to know.)

It’s particularly curious given that McCain had already retained a lawyer back in December to fight charges that he abused power: Skadden Arps partner Bob Bennett. Back then, Bennett was arguing that the stories showing McCain had intervened for Vicki Iseman’s clients improperly were part of a smear job.

A spirited defense of McCain was already being mounted on television Thursday by Robert Bennett, who has, according to the Drudge Report, been on this case for McCain since December 2007, when the high-profile lawyer (and Democrat brother to Republican Bill) was brought on to pressure the Times to kill the story:

Just weeks away from a possible surprise victory in the primaries, Republican presidential candidate Sen. John McCain, R-Ariz has been waging a ferocious behind the scenes battle with the NEW YORK TIMES, the DRUDGE REPORT has learned, and has hired DC power lawyer Bob Bennett to mount a bold defense against charges of giving special treatment to a lobbyist!

McCain has personally pleaded with NY TIMES editor Bill Keller not to publish the high-impact report involving key telecom legislation before the Senate Commerce Committee, newsroom insiders tell the DRUDGE REPORT.

Bennett still insisted overnight that the story was nothing more than a "smear campaign,"

Bennett was using precisely the same language Dowd is using today–calling the exposure of McCain’s favors for Iseman a "smear campaign."

Now that’s where we come full circle. 

It was Bob Bennett, of course, who recommended the Senate Ethics Committee investigation drop McCain (and John Glenn). But in the final report, he stated that McCain had exercised "bad judgment" for meeting with Senate regulstors about Keating’s interests. 

So what’s it say about McCain, that he had to ditch the last lawyer who was screaming "smear campaign" about his participating in influence peddling because he was precisely the lawyer that conducted what his new/old lawyer now screams was a "smear campaign," and because he was the attorney that certified that McCain had, in fact, exercised bad judgment the last time he was significantly engaged in influence peddling. Even his "smear campaign" criers come with built-in conflicts of interest!

What’s it say about the guy that he’s had to create a small sub-specialty for DC’s top lawyers to cry "smear campaign" in efforts to dismiss his repeated participation in DC’s influence peddling racket?

Update: the Obama campaign just sent out a reminder of two of the things Bennett said while he was presiding over the Senate inquiry:

Bennett: McCain Had Closest Relationship to Keating. During his opening statement of the hearings, Bennett said, “Of the five senators here before you, Senator McCain had the closest personal friendship with Charles Keating.  Their friendship pre-dated Senator McCain’s political career.  Senator McCain also was the only one who received personal as well political benefits from Charles Keating.” [Senate Ethics Committee, 11/15/90]

Bennett: McCain’s Vacations with Keating Were “Troubling Evidence.”  During the opening statement, Bennett also said, “When John McCain was a member of the House, he and his family vacationed with the Keatings at the Keating home in Cat Cay, the Bahamas… This was troubling evidence to counsel, and we investigated.” [Senate Ethics Committee, 11/15/90]




Stampede to Come Clean in Alaska

Rut roh. Looks like Steve Branchflower will have a busy week, between now and when he releases his report on Friday.

Seven Alaska state employees have reversed course and agreed to testify in an abuse-of-power investigation against Republican vice presidential nominee Sarah Palin.

[snip]

Lawmakers subpoenaed seven state employees to testify in the inquiry but they challenged those subpoenas. A judge rejected that challenge last week. Because of that ruling, Alaska Attorney General Talis Colberg says the employees have decide to testify.

As I’m sure you’ve heard, the AK Supreme Court agreed to take the appeal of the Republicans trying to bury this. But local observers think the chance that the Supreme Court will rule in favor of a Palin cover-up is slim.

The Supreme Court only agreed to take this case due to public interest and establishing a precedent so the next time the lawmakers want to sue themselves they won’t burden the court.

What is the most absurd about this whole process of wasting time and money is the lawsuit was filed by some of the same Republican lawmakers like Fred Dyson who have long berated Alaskan judges for legislating from the bench.

The Supreme Court will toss this out and then Branchflower will put his report out.

So there seems to be a stampede of staffers attempting to look like they didn’t ignore a proper subpoena. 

Remind me–around Thursday, say, to start asking how the McPalin’s campaigns efforts to cover up these results prove their awareness there was a problem there? Thanks.




Trash Talk – Mrs. O’Leary’s Bovine Edition

Well, I tell ya, the natives are restless out there. Randiego has been mercilessly hammering on the Patriots lately. He has been pounding on me daily to say bad things, very bad things, about the Pats. Even – gasp – that they are washed up and wouldn’t be any better even with Tom Brady. Lost their mojo when Ashanti Samuel walked out the door. Bad things. I have tried to shield Marcy from it cause, you know, she is so delicate and frail on this gridiron stuff. Now, the good Professor Foland has joined in the fray. Something about Juice Williams, 431 yards and 45 points by the Fighting Illini. In the Big House. Oh my. Oh, and just so the record is clear, yes I know my Sun Devils suck too. What is a poor boy to do?

But, before we get to the NFL, let’s take a quick look at

MLB Playoff Baseball – Ruh roh. Just wait until next year. Yep, it is that time in the Windy City. At least on the North Side anyway. Coming soon to the South Side Sox. Talking about some mojo, that damn cow of Mrs. O’Leary’s was one powerful critter eh? Brutal. Can’t blame Bartman this time. Halfway through the season the Dodgers had nuthin; but along came Manny being Manny, and now they are all manned up. Derek Lowe knows how to pitch big games; looks like the boys in Blue are in the NL catbird seat.

In the junior circuit, with that confounded designated hitter thing, it is looking very much like a Sawx-Rays (sans Devil) finale. What the hell happened to the Halos? And Beckett is pitching game three? Say good night Gracie. Oh, one more thing. Where is the Team That Dumped Torre? Oh, that’s right, they are at home. Or Madonna’s crib. But Joe Torre, he has already won another playoff series. Hank the Skank Steinbrenner ain’t real bright.

National Favre League – Not much to talk about with the Bretts on their bye week. Pats looking for an upset over the Niners; looking for friendlier ground than Miami. Those fish are tough you know. Maybe randiego will let us know how the Frightning Bolts stack up, because the Bolts are headed to Miami Sunday. The Redskins at Iggles and Buccos at Broncs appear to be the class games of the day. If Jason Campbell keeps on improving on his solid play, the Skins are going to be surprisingly good; their defense has been first rate for quite awhile now, with offense, you really got something there. Eagles are schizo; you just don’t know from week to week what is coming. I rate as a toss up, slight edge to the Skins. Cutler and Broncos should dispatch the Bucs at Invesco. The other game that is really interesting is the Titans at Ravens. Both have not good, but great, defenses. Both fairly conservative offenses. I like young Chris Johnson better than Magahee at this point though, and that should be the difference. Titans go to 5-0. Masaccio had them at 5-0 already last weekend, but he gets it for real this weekend.

Back to the NCAA for a minute. A special congratulations to the two Commodores fans, Blue
Texan and Masaccio. No, not the Lionel Ritchie Commodores. The Randy Vandys! That’s right, Vanderbilt is Five and Oh baby. Who’d a thunk it?

The F1 Circus is off until they hit the Mt. Fuji Circuit next weekend, and, yawn, those good old boys are still driving their lumbering sacks of American iron around in circles somewhere.

Crank up the BBQ and pop open a cold one. The games are on! Unless, of course, you are a Cubs fan; in that case you will have to wait until next year. Or fight in the streets.




The Governor of Alaska Approves of Exxon v. Baker

This ought to be news to the Sarah Palin who, after SCOTUS cut the penalty on Exxon for ruining Alaska, made a statement condemning the decision (h/t Undiplomatic via Sully):

"I am extremely disappointed with today’s decision by the U.S. Supreme Court," Palin said. "While the decision brings some degree of closure to Alaskans suffering from 19 years of litigation and delay, the court gutted the jury’s decision on punitive damages."

Palin added, "It is tragic that so many Alaska fishermen and their families have had their lives put on hold waiting for this decision. My heart goes out to those affected, especially the families of the thousands of Alaskans who passed away while waiting for justice."

Palin said the decision today undercut one of the principal legs of deterrence for those engaged in maritime shipping in Alaska waters. She called on state and federal agencies to be vigilant and firm in regulating such activities.

But this Sarah Palin, the Sarah Palin running to be Vice President, and terrified of saying the wrong thing, apparently doesn’t disapprove of the decision.

COURIC: What other Supreme Court decisions [than Roe v. Wade] do you disagree with?

PALIN: Well, let’s see. There’s –of course –in the great history of America rulings there have been rulings, that’s never going to be absolute consensus by every American. And there are–those issues, again, like Roe v Wade where I believe are best held on a state level and addressed there. So you know–going through the history of America, there would be others but–

COURIC: Can you think of any?

PALIN: Well, I could think of–of any again, that could be best dealt with on a more local level. Maybe I would take issue with. But you know, as mayor, and then as governor and even as a Vice President, if I’m so privileged to serve, wouldn’t be in a position of changing those things but in supporting the law of the land as it reads today.

No Sarah, contrary to what Dick Cheney believes, you would not be in a position of changing a SCOTUS decision. But surely, even as a plain old "Joe Six Pack" living in Alaska, you must still oppose the Exxon v. Baker decision?

For some unfathomable reason, Sarah wasn’t even able to muster the name of the case that has been obsessing Alaska for almost two decades.

This may not just hurt her chances to be VP. If I were the Governor of Alaska forgetting that ordinary Alaskans just got screwed out of fair payment for being treated cavalierly by the richest company in the world, I might start worrying about whether I’d still be Governor in a few months. 

Update: For comparison, here’s Biden’s answer to the same question:




David Addington?

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

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

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

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

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




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

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

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

Just how did Foggo get such a sweetheart deal?

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

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

No, what truly worried Agency brass were the darker secrets their former top logistics officer was threatening to spill had his case gone to trial as scheduled on November 3. They included the massive contracts Foggo was discussing with Wilkes, estimated by one source at over $300 million dollars. "Wilkes was working on several other huge deals when the hammer fell," a source familiar with Foggo’s discussions with Wilkes told me. What kinds of deals? According to the source, they included creating and running a secret plane network

The "classified air support contract" and its implied purposes for renditions are among the truly damaging national security secrets, along with the methods the CIA uses to create front companies and dole out black contracts, that the CIA and Bush White House would have been anxious not to have exposed, especially in a trial set to take place the day before the election in a suburban DC courtroom within a ten-minute drive of the entire national security press corps. (Emphasis added)

Now, most people covering the Foggo case, including Laura, attribute Foggo’s wildly successful plea deal to a strong "graymail defense", especially in light of the fact that Foggo threatened "to expose the cover of virtually every CIA employee with whom he interacted and to divulge to the world some of our country’s most sensitive programs—even though this information has absolutely nothing to do with the charges he faces".

But it’s not graymail behind Foggo’s plea, it is CYA. A true graymail defense is where:

The defendent claims that classified records are necessary to the defense. The goal of the defense team is to request so many classified documents that the federal government says "no." At that point, the defense tries to convince a judge that they cannot get a fair trial without these records; the goal is to have the case or charges dismissed.

Congress enacted the Classified Information Procedures Act (CIPA) to permit defendants to deal with secret information germane to their trial in sealed court hearings; so anything germane to Foggo’s case could have been handled thusly. And the rest, such as Foggo’s brazen and scurrilous threat to reveal every fellow CIA agent and contact he knew, and all the programs, well that is the epitome of extortion via threat of treason; simply make a record of the threat and throw his rear in solitary. If he makes one single overt act on the threat, prosecute him for treason outright, which is punishable by death.

There were tried and true ways to legally deal with Foggo and his treasonous threats. No, it was that Cheney, Bush, Mukasey and the other grifters, pimps and lackeys they populated our government and intelligence service with didn’t want the public reminded of their secret torture airlines, corruption, dishonesty and perfidy right before the election. Gee, who could have predicted that? Must be hard on those pimps out there these days.




Foggo Gets a Plea Deal

Huh. I guess Dusty Foggo won his greymail fight.

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

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

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




Gonzo Sings! Justice In The Department At Last?

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

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

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

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

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

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

And what began as investigations narrowly focused on Gonzales’s conduct could easily morph into broader investigations leading into the White House, and possibly leading to the appointment of a special prosecutor.

Man, that all sounds great. But the suspects that Gonzales could hand up are current and former Bush Administration officials, all the way up to Bush, Cheney and other senior officials. Who in George Bush’s and Michael Mukasey’s DOJ is going to have the moral and ethical fortitude to do their duty in this regard? What provisions will be made to avoid the obvious conflicts of interest inherent in this situation? Who will do the right thing and uphold the rule of law? And who will insure that the situation is not allowed to be played, again, like a drum by the Bushies and their cagey attorneys so that they all skate?

Glad you asked, because that is already a prime concern. Again, from Wass and The Atlantic:

Dan Richman, a former federal prosecutor in Manhattan and professor at Columbia Law School, told me that Gonzales appears to be attempting to walk the thin line of taking himself out of harm’s way while at the same time protecting the president, a strategy that very well could work: “I think he is serving his own purposes and the White House’s purposes,” Richman says.

According to Richman, by invoking Bush’s name and authority, Gonzales and his legal team are making it more difficult for investigators to seek a criminal investigation of his actions, or for other investigators to later bring criminal charges against him: “The clearer it is that Gonzales did what he did at the behest of the president of the United States, the safer that he [Gonzales] is legally,” says Richman. At the same time, by saying that he is advising the president, Gonzales also makes it easier for those at the White House to claim executive privilege if they do indeed become embroiled in the probe.

Moreover, according to one senior Justice Department official, Gonzales, his legal team, and the White House also know that Justice’s IG and OPR are unlikely to press senior White House officials, let alone the president, to answer their questions.

And, therein you have the $64 billion conundrum. You have Alberto Gonzales working to protect both himself and the rest of the Bush brigade, and they are negotiating with Bush’s Department of Justice, led by the new AGAG and consigliere, Michael Mukasey. This is not, in terms of the best interests of the American people, the Constitution and the rule of law, exactly an arm’s length transaction. And, quite frankly, that is a glaring understatement.

So, how do the forces of truth, justice and ethics move the matter towards an honest consideration that actually might portend accountability for the malfeasance so prima facially apparent?

One scenario feared by the White House is that the IG or OPR could send a public report to Congress concluding that Gonzales or some other official may have committed a crime. At a minimum, that would make the conduct of Gonzales, or of any other official deemed to be under suspicion, the subject of a criminal investigation.

If the report also raised unanswered questions about possible misconduct by other senior administration officials, or even the president, that could lead to the appointment of a special prosecutor. Some consider this unlikely; Attorney General Mike Mukasey has said that he is not an advocate of special prosecutors, and his critics in Congress have said that Mukasey tends to use his position for the political benefit of the White House. But in the hands of congressional Democrats, a public report accusing Gonzales and other administration officials of misconduct could make it difficult for Mukasey to resist their calls for the appointment of a special prosecutor.

Inside the White House, this is what is called the “nightmare scenario.” White House Counsel Fred Fielding, who served in the Nixon White House during Watergate and as a White House counsel during the Reagan administration, has told others in the White House that although he does not consider this a likelihood, it should not be ruled out, and Bush and his staff should be ready for such a contingency.

Fred Fielding doesn’t consider accountability "a likelihood". How quaint. I wonder if the odds might improve substantially if citizens far and wide, say for instance all the readers of this and the other key blogs in the blogosphere, were to put direct and heavy pressure on their congressional Representatives and Senators to give Fred fielding and the Bushies their "nightmare scenario" they so richly deserve. And guess what? They are all going to be home in your districts begging for votes and support for an election set to go in five weeks. If there was ever a time they were hungry and amenable to influence, now is the time. Lock em down; make them promise to bring accountability!

There is one other paragraph in Murray’s article of particular note that should be related here:

A congressional source familiar with the meeting said in an interview that he believed it was significant that Bush personally directed Gonzales to write notes as to what occurred at the meeting. Ordinarily members of Congress don’t take notes at briefings concerning such highly classified issues. Very likely, Gonzales’s notes are the only ones that exist. [The Justice Department is investigating whether former Attorney General Alberto Gonzales created a set of fictitious notes so that President Bush would have a rationale for reauthorizing his warrantless eavesdropping program. For that story click here.]

Only time will tell whether or not Congress can be supplied with the electoral fear to induce backbone formation necessary for accountability. It is up to use to see that all the senior officials in the Bush Administration are place in the dock of a criminal trial court.

One thing is for sure, for Alberto Gonzales, the man that George Bush appallingly appointed to lead the nation’s most critical cabinet agency, the Department of Justice, it will be the first real experience he has ever had in a trial courtroom.




Conyers Cranky Over Oil Fraud; Drills DOJ With Letter

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

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

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

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

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

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

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

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

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

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

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

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

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

In the grand scheme of things, a pretty small act; however, a pretty telling one in these circumstances. There are a lot of people from both sides of the partisan fence that are hopping mad over this. Devaney is joined by loyal Republican US Attorney in Colorado Troy Eid and his Civil Division Chief, Lisa Christian; Conyers is joined by Pat Leahy and Sen. Ken Salazar from Colorado.

So why did Michael Mukasey squelch this prosecution that has so many authorities across the spectrum hot under the collar? Stay tuned, this could get fun.




John McCain Still Living The Keating Five Lush Highlife

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

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

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

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

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

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

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

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

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

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

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

The first meeting, on April 2, 1987, in DeConcini’s office, included Ed Gray, chairman of the Federal Home Loan Bank Board, as well as four senators: DeConcini, McCain, Alan Cranston, D-Calif., and John Glenn, D-Ohio.

(Years later, McCain recalled that DeConcini started the meeting with a reference to "our friend at Lincoln." McCain characterized it as "an unfortunate choice of words, which Gray would remember and repeat publicly many times.")

For Keating, the meeting was a bust. Gray told the senators that as head of the loan board, he worried about the big picture. He didn’t have any specific information about Lincoln. Bank regulators in San Francisco would be versed in that, not him. Gray offered to set up a meeting between the senators and the San Francisco regulators.

The second meeting was April 9. The same four senators attended, along with Sen. Don Riegle, D-Mich. Also at the meeting were William Black, then deputy director of the Federal Savings and Loan Insurance Corp., James Cirona, president of the Federal Home Loan Bank of San Francisco, and Michael Patriarca, director of agency functions at the FSLIC.

In an interview with The Republic, Black said the meeting was a show of force by Keating, who wanted the senators to pressure the regulators into dropping their case against Lincoln. The thrift was in trouble for violating "direct investment" rules, which prohibited S&Ls from taking large ownership positions in various ventures.

According to nearly verbatim notes taken by Black, McCain started the second meeting with a careful comment.

"One of our jobs as elected officials is to help constituents in a proper fashion," McCain said. "ACC (American Continental Corp.) is a big employer and important to the local economy. I wouldn’t want any special favors for them – "I don’t want any part of our conversation to be improper."

Black said the comment had the opposite effect for the regulators. It made them nervous about what might really be going on.

"McCain was the weirdest," Black said. "They were all different in their own way. McCain was always Hamlet . . . wringing his hands about what to do."

Keating’s businesses continued to spiral downward, taking the five senators with him. Together, the five had accepted more than $300,000 in contributions from Keating, and their critics added a new term to the American lexicon: "The Keating Five."

The Keating Five became synonymous for the kind of political influence that money can buy. As the S&L failure deepened, the sheer magnitude of the losses hit the press. Billions of dollars had been squandered. The five senators were linked as the gang who shilled for an S&L bandit.

S&L "trading cards" came out. The Keating Five card showed Charles Keating holding up his hand, with a senator’s head adorning each finger. McCain was on Keating’s pinkie.

Keating was no ordinary constituent to McCain.

On Oct. 8, 1989, The Arizona Republic revealed that McCain’s wife and her father had invested $359,100 in a Keating shopping center in April 1986, a year before McCain met with the regulators.

The paper also reported that the McCains, sometimes accompanied by their daughter and baby-sitter, had made at least nine trips at Keating’s expense, sometimes aboard the American Continental jet. Three of the trips were made during vacations to Keating’s opulent Bahamas retreat at Cat Cay.

McCain also did not pay Keating for some of the trips until years after they were taken, after he learned that Keating was in trouble over Lincoln. Total cost: $13,433.

When the story broke, McCain did nothing to help himself.

"You’re a liar," McCain said when a Republic reporter asked him about the business relationship between his wife and Keating.

"That’s the spouse’s involvement, you idiot," McCain said later in the same conversation. "You do understand English, don’t you?"

He also belittled reporters when they asked about his wife’s ties to Keating.

The stench and taint is on not just the Senate, but Congress and the Federal government as a whole. The destruction of so many people, their life savings, and the national treasury for the bailout of the savings and loan industry caused by a powerful group of greedy and opportunistic businessmen and their lobbyists, through their bought, coddled and co-opted Congressional agents like John Sidney McCain III has faded from the American conscience and memory. It should never be forgotten, because it is a window into the ethos of the once and future John Sidney McCain III.

Yes, that’s right; not just the old John Sidney McCain III, but the present and future John Sidney McCain III as well. McCain did one of his patented swivel and pivot jobs and has, since the Keating Five misconduct, painted himself as some type of "reformer" of ethics and campaign finance corruption, nothing has changed about him once the surface is scratched. He is the same old John Sidney McCain III of the Keating Five he has always been.

How do you know he is the same old McCain? Just scratch the surface and take a look instead of relying on the false persona he pitches with the aplomb of an old fashioned snake oil peddler. Let me get the ball rolling for you (although if you turn over any of McCain’s rocks, you find the same rot upon close inspection). As promised at the beginning of this article, John Sidney McCain III is right back at conduct that is almost the twenty year separated mirror image of his dining on the teat of Charlie Keating.

The video at the top (h/t hidnusr) tells the story of John Sidney McCain III, con men and lobbyists. The basis is supplied in print by the Berman and Ames article from the Nation cited above, The McCain-Follieri Love Boat:

John McCain has been hammering rival Barack Obama for being little more than a vapid "celebrity" and "elitist." But The Nation has obtained a photo revealing just how star-struck a straight-talking maverick can become when offered the chance to celebrate his birthday aboard a yacht filled with celebrities–even if one of those celebrity types turns out to be an A-list con man.

During McCain’s visit in 2006 he celebrated with birthday cocktails and sweets aboard the Celine Ashley yacht. In the photograph, taken in Montenegro at the end of August, McCain is shown boarding the yacht ramp towards the smiling Follieri and Hathaway. Just ahead of McCain and shaking hands with Follieri appears to be Rick Davis–McCain’s top aide and now co-manager of his campaign, who accompanied him on the trip and advised the government of Montenegro. A few months after McCain’s yacht party, Follieri strengthened his ties to McCain’s orbit by retaining Rick Davis’s well-connected Washington lobbying firm, Davis Manafort, and offering Davis both an investment deal and help in securing the Catholic vote for McCain’s presidential bid.

McCain-FollieriYachtPicFollieri, who posed as Vatican chief financial officer in order to win friends and investments, pleaded guilty Wednesday in a Manhattan district court to conspiracy to commit wire fraud, eight counts of wire fraud and five counts of money laundering. As part of the plea, Follieri admitted to misappropriating at least $2.4 million of investor money and redirecting it to foreign personal bank accounts that were disguised as business accounts.

An even bigger mystery is how Follieri’s boat came to be docked in Montenegro on McCain’s birthday. According to a journalist in Montenegro, the yacht had been anchored there for several days before McCain’s arrival, and only sailed away after McCain boarded. According to Vijesti, locals were told that McCain was meeting "friends from Florida" on the yacht.

According to the Italian newspaper Il Sole 24 Ore, in January 2007 Follieri sent Rick Davis a packet of information on his companies Follieri Capital and Follieri Media, apparently hoping to get financing from Pegasus Capital Advisors, a hedge fund in Connecticut that Davis represented. "Follieri’s proposal to Davis had two dimensions to it–first, as an investment opportunity for Davis’s fund; but secondly, there was the political dimension, in which Follieri offered to help deliver Catholic votes to McCain," said Claudio Gatti, a reporter for Il Sole 24 Ore, who investigated Follieri for eighteen months.

In February 2007, according to a recent article in the New York Daily News, Follieri retained Davis’s lobbying firm, Davis Manafort. According to the paper, "on Feb. 27, 2007, Davis Manafort partner Rick Gates signed a confidentiality agreement drafted by the Follieri Group.

John McCain is still freeloading with bigwigs, lobbyists and criminal influence peddlers in exotic and foreign seaside haunts of the wealthy. Sounds just like the Keating Five Scandal, where someone in McCain’s immediate personal orbit, in Keating it was his wife Cindy that got an unbelievable "financial opportunity" from the criminal con man and influence peddler (Keating) and McCain got the promised delivery of political support, huge contributions and vote delivery in the election he was engaged in. In Follieri, it is his best friend Lobbyist/Campaign Manager Rick Davis getting the big "financial opportunity" while McCain reaps the gain in campaign funding and delivery of much needed votes as he runs for the Presidency he craves at any cost.

How similar in appearance are these constants in John McCain’s real, ingrained political persona? Take a look at this photo of John Sidney McCain III living large and phat with multiple generations of the Keating clan, lobbyists and power brokers taken during McCain’s 51st birthday bash at Charlie Keating’s private Bahamas resort. Photo scanned from the September 12, 1993 edition of the Phoenix Gazette (original photo; color by teh wolf). From the same Gazette article, Krista Keating recalls the idyllic days she spent with McCain while he bonded and partied with Charlie Keating, his family, and his rich and powerful friends:

I watch Lifestyles Of The Rich And Famous, and I see all the places we stayed.

She travelled to Paris, Monte Carlo, South Africa. She and C3 [Charles Keating III] lived for six months in Switzerland.

She partied with Michael Milken, Dolly Parton, Cheryl Ladd and lesser-knowns who wanted to be part of the Keating magic. She met the Pope.

There were vacations with John McCain and his wife, Cindy, to the Keating’s posh and private Bahamas resort, where she and C3 frolicked in the crystal blue waters with McCain, then a member of the US House of Representatives. They partied to the tunes of a calypso band hired by Keating and celebrated the August birthdays of McCain and C3, which are one day apart.

On the surface, it seemed the greatest freedom you could hope for. But Charles [Charlie] Keating was always there; always watching. (Emphasis added).

And so, here they are, matching bookends, then and now, on the career and ethos of John Sidney McCain III. Then Keating; now Follieri. McCain isn’t different; and he certainly is no "maverick" whatever in the world that amorphous term was supposed to mean in the first place. No, McCain is a standard issue, glad handing, moneyed up, self serving politician hocking his wares to whoever and whatever will benefit John Sidney McCain III the most at the time. Americans, and American media, are beginning to realize that there is nothing honorable nor unique about McCain and his political ethos. The shiny Earl Schieb paint job he has been fooling people with for years is wearing thin, and the real McCain is showing through; it is not an attractive sight, but it is the real John McCain.

The US economy is currently battered and on the precipice of significant meltdown from a housing and financial market scandal that is, although much larger in scope, eerily similar to the Charlie Keating led Savings & Loan crisis of the late 1980s that John McCain played such a significant role in. And once again, John McCain is out partying and pandering with money movers, power brokers and their lobbyists in posh and exotic foreign seaside haunts of the rich and famous.

For too long, McCain has been allowed to skate along in this election without acknowledgment and understanding by the press and the public of his deep involvement in the Keating Five Scandal. As another housing and finance scandal hangs like a guillotine over the necks of Americans, John McCain’s intimate ties with the power brokers, money men and lobbyists that create these scandals should be front and center in the discussion. John Sidney McCain III is, as so many are coming to realize, not an honorable politician, the US and world financial markets hang in the balance, and McCain’s Keating like tendencies should be known and considered.

My friends, John McCain is not "change you can believe in", just more of the same. More of the Same, and Old, McCain.