FISA: The Coming Battle

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As I am minding the store while mom is away tilting kilts, I was party to a group discussion among several notable powers that be in the blogosphere early this afternoon, and the various blogs, all of which you are intimately familiar with, will be rolling out over the next few days somewhat of a battle plan on FISA/immunity. Nothing particularly new or shocking really, just a reminder to folks of the stakes involved and where the pressure points are that we need to address.

I wish I could say that there is some new brilliant, sexy and effective tact that we have lit upon to wipe this all away; but that, alas, is not the case. It will be back to the grindstone of calling, faxing and otherwise communicating with the key representatives etc. One thing I think will be critical is to offer plenty of carrots, with gentle reminders of the sticks. As you will recall, we got a surprisingly good response, and result, from the House Democrats in the last go round. We want to build, grow and reinforce that effort and result. The gathering proximity of the election is a double edged sword however. It is a chance for us to remind them of how favorably we view the last effort, but it is clearly also another opportunity for the Bushies to roll out the fear/security card and threaten the weak, and weakly situated, elements (read mostly Blue Dogs) of the Democratic coalition. It is going to be critical for those of us that actually live in districts represented by one of these souls to work them hard.

I have some things that will divide most of my attention for a few hours; although I will check in periodically as I can. In the meantime, use this space to discuss anything you feel important, but please start putting all the collective talent together to suggest ways and means for fighting the next stage of the FISA battle. My post from yesterday morning pretty much gives the lay of the land as it is understood at this moment; there are no real new baseline facts since then. Thanks.

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Jello Jay And Hoyer Slither Back Into The FISA Limelight

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Crikey, this is getting old. You may have seen by now that rumors of a new push on passage of FISA, and, of course, full retroactive immunity, are bubbling to the surface in the last 24 hours. Here is Jane. Here is Digby. Here is McJoan. From Jane at FDL:

According to the ACLU, there is rumor of a backroom deal being brokered by Jay Rockefeller on FISA that will include retroactive immunity. I’ve heard from several sources that Steny Hoyer is doing the dirty work on the House side, and some say it will be attached to the new supplemental.

A few more facts and circumstances are available now than were in the earlier stories. For one, we apparently see the "urgency lever" being pressed this time around (there always seems to be one in these plays, it’s a feature). From Alexander Bolton at The Hill:

The topic has reached a critical point because surveillance orders granted by the director of national intelligence and the attorney general under the authority of the Protect America Act begin to expire in August.

If Congress does not approve an overhaul of the Foreign Intelligence Surveillance Act (FISA) by Memorial Day, intelligence community officials will have to prepare dozens of individual surveillance warrants, a cumbersome alternative to the broader wiretapping authority granted by the Protect America Act, say congressional officials familiar with the issue.

Maybe, but if so, then the situation is intentionally so from a designated plan by the Administration to have some of their programs start running out while they are still in office and can use the "urgency" to fuel their desperate push for immunity. The reason, if you will recall, is the little provision placed in the Protect America Act (PAA) allowing any surveillance order (i.e entire general program, not just individual warrants) existing at the sunset of the PAA, which occurred on February 17, 2008, to continue until expiration, which means that there was NO necessity that any program that the government wished to pursue expire anytime during the current Administration. I have reminded folks of this repeatedly, but here is a wonderful synopsis from Cindy Cohn of EFF:

The PAA provides that any currently ongoing surveillance continues until the "date of expiration of such order," even if PAA expires. "Orders" are what the PAA calls the demand for surveillance by the Attorney General or Director of National Intelligence (there’s no court involved). These surveillance orders can be Read more →

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One Day, One Resignation

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Woo hoo! I’ve barely left the country, and already we’ve got our first sacking: that of Lurita Doan.

Dear Friends and Colleagues at GSA,

Early this evening I was asked to submit my resignation, and I have just done so. It has been a great privilege to serve with all of you and to serve our nation and a great President.

The past twenty-two months have been filled with accomplishments: together, we have regained our clean audit opinion, restored fiscal discipline, re-tooled our ability to respond to emergencies, rekindled entrepreneurial energies, reduced bureaucratic barriers to small companies to get a GSA Schedule, ignited a building boom at our nation’s ports of entries, boldly led the nation in an aggressive telework initiative, and improved employee morale so that we were selected as one of the best places to work in the Federal government.

These accomplishments are made even more enjoyable by the fact that there were lots of people who told us they could never be done.

Best of luck to all of you, it has been a true honor.

The question is, why now?

As you’ll recall, almost a year ago, Scott Bloch recommended that George Bush fire Doan. Bloch had determined that Doan had violated the Hatch Act, but since Doan is was an agency head, only Bush could fire her.

And given the amount of time that has passed since then, it appears Bush didn’t think the wholesale politicization of the GSA was a firing offense (go figure).  

So if violating the Hatch Act doesn’t merit firing, what does? 

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Is Isikoff Laundering Information for Karl Rove Again?

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As you’ll recall from the Plame case, Michael Isikoff helped Karl Rove stay out of jail in at least three ways:

  • After the WaPo published the damaging 1X2X6 article, Isikoff published an article appearing to–but not entirely–refuting it (Isikoff tried again in Hubris, claiming that the 1X2X6 story only got printed due to an editorial error, an attempt that Swopa quickly shredded).
  • When he called Luskin for comment on the fact that Rove was Matt Cooper’s source for Plame’s identity, Isikoff (by his own admission) read Luskin the entire email from Cooper to his editor, alerting Rove’s lawyer to everything that appeared in one of the main pieces of documentary evidence that incriminated Rove.
  • Just before the inquiry, Rove someone at the White House prodded Isikoff to ask Woodward about his "bombshell," probably forcing Woodward to come clean that Armitage had leaked Plame’s identity to him in June 2003, thereby ruining what little value Armitage would have had in a perjury case against Rove.

Laundering information through journalists is a common Rove tactic. For example, someone conveniently launched a false campaign insinuating Ari Fleischer was one of the Novak’s for Plame’s identity; by coincidence (ha!) that campaign was launched the day that Luskin attempted to manage the revelation that Rove was one of Novak’s sources. Even going way back to his days in Texas Rove laundered leaks through the press to attack Jim Hightower and Ronnie Earle.

But in recent years–certainly during the CIA Leak case–Isikoff has been one of Rove’s key information conduits.

In the last couple of months, Rove seems to have been attempting–with no apparent success–to goad reporters covering the Siegelman case to serve as similar information conduits. His surrogates in the AL GOP tried to demand information from CBS and MSNBC about what evidence there is implicating Karl, all while refusing to give up their own information. More recently, Rove has launched a pissing contest with Dan Abrams, attacking Abrams’ journalism, apparently in an attempt to force him to reveal information about evidence against him. Yet with Rove out of the White House, his ability to use journalists to his own ends seems to have diminished.

Except, perhaps, with Isikoff.

The other day, I noted that the news that the revelation of Bob Kjellander’s discussions about firing Patrick Fitzgerald with Rove was an unsurprising move from Fitzgerald. Read more →

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EW’s Famous Football Trash Talk* – What The Puck Edition

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Are you ready for some football? Hot damn, I am. And guess what, there really is football to talk about. And lots of other things too, but let’s start off with the gridiron. Hey, did you notice that the asterisk is still in the title? Of course it is, because Spygate is the gift that keeps on giving for the New England Patriots. Thank god that FISA stuff seems to be wrapping up, because the ole Scottish Haggis is gonna be needing the legislative time and resources to question Matt Walsh and get to the bottom of Belichick’s torture tapes.

Alright, lets get down to business. The 2008 NFL Entry Draft is beginning as this post is going up. Michigan offensive lineman Jake Long has already been signed by the Fish, and Howie Long’s spawn is reportedly set to be taken at number two by the Rams. Then the crapshoot begins. What needs does your team have, who do you like to fill them, and what else is up on the pigskin front? I understand the Patriots are torn between this guy and this guy.

Don’t tell Marcy, but there are actually sports other than football. In fact, I understand that, up in Canada, they play something called hockey; and not just any hockey understand you, they are currently in Playoff Hockey for the cherished Stanley Cup. The Cup has to be the coolest trophy in all of sports, every winning player gets his name etched onto it for eternity. And it goes fun places during the year as each player on the winning team gets to cart it around wherever he wants. I hear tell it goes to a lot of pubs, and a few cathouses too. I don’t know diddly squat about hockey, but in honor of our fine feathered friends in the Great White North, Ishmael, Skdadl, and all the others, I thought we ought to give a shout out to Stanley Cup Playoffs, thus the "What The Puck" part of the title to this post.

Due to the surprising response I got the last time, I will also trot out F1 for your consideration. This weekend is Round four of the circus, the Spanish GP from Circuit de Catalunya in Barcelona, Spain. Kimi Raikkonen is on pole, having beaten out Fernando Alonso in literally the last second of qualifying. Read more →

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CIA And Bushco Have A Rather Large Criminal Obstruction Problem: The Torture Tapes Come Home To Roost

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By now, the story of the CIA’s destruction of the "torture tapes" is well known. Although the problems with the CIA, and every other portion of the Bush Administration, maintaining custody and control of evidentiary video and audio tapes is literally almost a running bad joke, the capstone revelation came with a December 6, 2007 New York Times article by Mark Mazzetti. Mazzetti’s article detailed the willful destruction by the CIA of videotapes directly exhibiting the use by US Agents of "extreme interrogation techniques" on detainees Abu Zubaydah and Abd al-Rahim al-Nashiri.

To refresh your recollection of the entire sequence of events on the Torture Tapes, here is a remarkably complete timeline. For the instant consideration, the critical event is the evidence supplied to date by the Bush Administration, and most significantly the CIA, on their rationale for the destruction of the Zubaydah and al-Nashiri tapes. The initial statement of the position and defense of the CIA is contained in CIA Director Michael Hayden’s message to the body of his agency, which indicates:

…CIA videotaped interrogations, and destroyed the tapes in 2005. I understand that the Agency did so only after it was determined they were no longer of intelligence value and not relevant to any internal, legislative, or judicial inquiries–including the trial of Zacarias Moussaoui.

The official position has been further refined by testimony of CIA Acting General Counsel John Rizzo and the pseudo-proffer of Jose Rodriquez via his attorney Bob Bennett. We also know that, at a minimum, four White House lawyers were involved in discussion of the proposed destruction of the tapes. The most recent evidence of the government’s position is contained in sworn statements by CIA officials made in mid-April in the Rashid Abdullah case, again positing nothing but good faith and lack of knowledge of any compelling reason to preserve the tapes.

However, yesterday, an insufficiently noticed page A-16 story by Dan Eggen in the Washington Post, appears to put the lie to the defenses the Administration has posited to date and raise serious issues in relation to intentional, malicious destruction of evidence and obstruction of justice. The Post article relates information gleaned from recent CIA/Administration filings in a Freedom of Information Act lawsuit filed last June. From the Post:

The CIA concluded that criminal, administrative or civil investigations stemming from harsh interrogation tactics were "virtually inevitable," leading the agency to seek legal support from the Justice Department, according to a CIA official’s statement in court documents filed yesterday.

The CIA said it had identified more than 7,000 pages of classified Read more →

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How Did They Find Mr. Kadish?

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Since Hillary apparently needs a reminder that Israel has nukes–some of the technology for which they stole from us–yesterday’s charging of Ben-Ami Kadish for spying
ought to provide her a useful reminder.

An 84-year-old former Army engineer in New Jersey was charged on Tuesday with leaking dozens of secret documents about nuclear arms, missiles and fighter jets to the Israeli government during the early 1980s, federal prosecutors said.

While I’d be interested in Israel’s nukes attracting more attention in discussions of Middle East policy, at the moment I’m more curious how the government suddenly discovered Kadish’s alleged spying … more than 20 years after the events in question?

The NYT admits it doesn’t know the answer to that question.

Federal officials said authorities became aware of what they called Mr. Kadish’s spying activities only in recent months but would not say how they learned of his efforts more than 20 years later.

Mr. Kadish admitted to an F.B.I. agent last month that he had shown 50 to 100 classified documents to the Israeli official, according to prosecutors’ court filings on Tuesday.

It also reminds readers that Israel had assured us that they had revealed all of the spying Yosef Yagur–the science attache who appears to have solicited Kadish’s spying and who also was the Israeli agent handling Jonathan Pollard–had engaged in.

Though Mr. Kadish is suspected of having operated at the same time as Mr. Pollard, and not afterward, another conviction would be embarrassing for Israel because its officials were supposed to have disclosed to the United States all relevant information about Israeli intelligence gathering at the time of Mr. Pollard’s arrest.

So how did the US uncover Kadish’s spying?

One possibility is that Larry Franklin disclosed Kadish’s spying to the government. While the AIPAC trial is increasingly likely to be dismissed rather than have Condi reveal her A1 Cut-Out methods under oath, Larry Franklin’s plea deal did require his ongoing cooperation with the government–so presumably, if he knew of other Israeli spying, he revealed it to them. But Kadish was charged in relation to a grand jury investigation out of SDNY, not EDVA (Kadish committed the alleged acts in New Jersey).

Read more →

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The Pentagon’s Media Analyst Domestic Psy-Ops Program: Is It Legal?

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By now you have probably heard that the New York Times has an in-depth piece by David Barstow out for Sunday’s edition on the use by the Pentagon of media "military experts" as propaganda conduits.

It would be nice to be able to say that the revelations in Barstow’s article are shocking, but they are not. Spin and propaganda have, from the outset, been more important to the Bush Administration than efficient and effective performance and truth. This already looks to be a big deal around the blogosphere, everybody will be discussing the general parameters of the story. Dave Neiwert serves up a dissection at FDL (and do click through his links here and here to his earlier pieces at Orcinus in 2004 on Bush Administration psy-op propaganda, they are excellent).

Beyond the face value of the NYT article, however, lurk some more interesting issues. Marcy has, as usual, immediately found one in relation to the spotty history of the NYT on Bushco propaganda, most notably in regard to Judith Miller and the case for the Iraq War (can you say "Sweet Judy Blew Lies"? I can). Here is mine; we know this Pentagon propaganda scheme is crass and loathsome, but is it legal?

Arguably, the answer is no, it is not legal; of course, as we have seen time and again, that is never an impediment to the Bush Administration. And, as with so many other Bushco ills, we have a template for analysis because they have made a pattern and practice of crossing the line of propriety in Read more →

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Okay, Lamont Didn’t Crash the Servers. But What Did Lieberman Do with His $387,000 Slush Fund?

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In thoroughly unsurprising news today, the Ned Lamont campaign was cleared of any wrong-doing in the crash of Lieberman’s server leading up to primary day in 2006. The Stamford Advocate reports that the FBI determined–way back on October 25, 2006–that Lieberman’s campaign bears all responsibility for the server crash.

Case closed, right?

No. Not on the outstanding legal issues arising from the campaign, anyway.

As you might recall, the Lamont campaign filed an FEC complaint, coincidentally just two days before the whole server crash case was closed in October 2006, noting that Joe Lieberman had a campaign finance entry for "petty cash" expenditures that were way beyond the legal limits: $387,000 of "petty cash."

The Friends of Joe Lieberman committee, and Joseph I. Lieberman, individually have violated the clear and unambiguous terms of 11 C.F.R. §102.11 in at least the following three ways.

First, according to the FEC October Quarterly report filed on October 13, 2006, the Lieberman campaign has petty cash disbursements amounting to $387,561.00, which is roughly 8 percent of its total disbursements, or one out of every twelve dollars spent. On several occasions, petty cash disbursements greater than $100 were reported, as supposed payment for “volunteers.” As summary of these disbursements from the Friends of Joe Lieberman report are attached hereto. These disbursements reflect patent violations of 11 C.F.R. §102.11.

Second, the report does not include the name and address of every person to whom any disbursement is made, as well as the date, amount, and purpose of such disbursement. Again, Friends of Joe Lieberman stands in clear violation of 11 C.F.R. §102.11.

Third, and perhaps most troubling, the Associated Press reported earlier today that Lieberman spokeswoman Tammy Sun claims the cash was supposedly used pay to field coordinators who then distributed money to workers who were canvassing (Andrew Miga, Lamont Questions Lieberman’s Spending, October 23, 2006). There is no evidence that the Lieberman committee kept and maintained a written journal of any kind regarding these disbursements as required by 11 C.F.R. §102.11. As I am sure you are aware, the rationale for this regulation is to, among other things, prevent the creation and utilization of slush funds for illicit purposes. The $387,561.00 involved here is a sum of supposed petty cash expenditures unprecedented in any race in our state’s history. Read more →

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Dog N Pony Too

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I suspect because of the dynamics of the Committee, the Senate Foreign Relations Committee actually seems to be making progress. So far this hearing, we have established:

  1. Everyone has had it with this war–Republican and Democrat.
  2. The biggest threat to the United States from Al Qaeda is in Pakistan and Afghanistan, not in Iraq (as Biden got Crocker, the former Ambassador to Pakistan, to admit).
  3. Petraeus and Crocker agree with Barbara Boxer and a bunch of other Republican and Democratic Senators–and presumably will go tell Bush as much–that Iraq has got to start paying for its own militias.
  4. We will never remove the threats of AQI and Iranian influence in Iraq, so the best end point we should strive for is to achieve some kind of stability in Iraq.

There was one moment, when George Voinovich was flogging the fact that we’re broke and therefore will be forced to leave in the near term…

Do you realize that that is where we are today? We are bankrupt and the gravy train to Iraq is coming to an end. Is anyone over there telling the Iraqis this? [thanks to maryo2 for transcribing]

…where both Crocker and Petraeus seemed to realize that they have failed to meet Bush’s goals–to not only sustain Republican support for the escalation, but also to paint the image that we’re winning. As much as anyone, Voiny summed up how bleak things look for us in Iraq.

Now let’s hope we can take today’s accomplishments (and whatever the House can wring out of Bush’s witnesses) and bring this thing to a close.

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