What Indictments Did Schlozman Speak to Elston About?

Brad Schlozman remains unresponsive on a few of the questions he (finally) returned to the Senate Judiciary Committee. Take this question that asks for very specific details about any conversations he had with Mike Elston about indictments in WD MO:

Did you speak with Michael Elston regarding any other indictments filed while you were U.S. Attorney for the Western District of Missouri? If so, which indictments?

Mr. Elston, who is a former federal prosecutor and appellate chief in the U.S. Attorney’s Office for the Eastern District of Virginia, and I are personal friends and we spoke about various cases from time to time. I am certain that, given his position as chief of staff to the Deputy Attorney General, Mr. Elston spoke with many U.S. Attorneys about their cases and other matters affecting U.S. Attorneys’ Offices.

I guess Shorter Schloz doesn’t understand what the question "If so, which indictments" means. Because he sure dodged answering that very specific question.

Unfortunately, when they get around to asking Schloz about indicting Democratic politician Katheryn Shields, they only ask Schloz about whom he consulted on the timing of the indictment–not the indictment in general.

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Get Your Satellite Out of My Backyard

This will be interesting. The Dems are trying to prevent Chertoff from implementing his big brother satellite domestic spying program on October 1.

We are so concerned that, as the Department’s authorizing Committee,we are calling for a moratorium on the program until the manyConstitutional, legal and organizational questions it raises areanswered.

Today’s testimony made clear that there is effectivelyno legal framework governing the domestic use of satellite imagery forthe various purposes envisioned by the Department. Without this legalframework, the Department runs the risk of creating a program that –while well-intended – could be misused and violate Americans’Constitutional rights. The Department’s failure to include its PrivacyOfficer and the Civil Rights and Civil Liberties Officer before thisJuly, almost two years after planning for the NAO began, only heightensour sense of concern. Privacy and civil liberties simply cannot remainan afterthought at the Department.

We ask that you provide theCommittee with the written legal framework under which the NAO willoperate, the standard operating procedures (SOPs) for the NAO –particularly those SOPs that will be used for requests by State, local,and tribal law enforcement, the privacy and civil liberties safeguardsthat will accompany any use of satellite imagery, and an analysis ofhow the program conforms with Posse Comitatus. Read more

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Were They Bypassing Gonzales, Too?

Marty Lederman points to this excerpt from Jack Goldsmith’s book at Slate. Goldsmith explains he only saw Alberto Gonzales disagree with David Addington once–and that Bush ended up siding with Addington.

Addington’s hard-line nonaccommodation stance always prevailed when thelawyers met to discuss legal policy issues in Alberto Gonzales’ office.During these meetings, Gonzales himself would sit quietly in his wingchair, occasionally asking questions but mostly listening as thequerulous Addington did battle with whomever was seeking to "go soft."It was Gonzales’ responsibility to determine what to advise thepresident after the lawyers had kicked the legal policy matters around.But I only knew him to disagree with Addington once, on an issue Icannot discuss, and on that issue the president overruled Gonzales andsided with the Addington position.

Logically, Goldsmith suggests that Addington literally always prevailed in these discussions. In the nine months or so Goldsmith attended these meetings, Gonzales only advised a position Addington didn’t support once. And Addington still won that battle.

This suggests Addington–or more likely Cheney–was able to present his view to Bush directly. Which suggests that, in this case, at least, Gonzales’ purported role as a filter on these legal decisions was illusory.

And boy would I like to know what the subject Read more

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Yet Another Whine about a Report Card

No, seriously. The GAO’s report on DHS is really important evidence that Bush has done very little to make this country more safe. But I’m most struck by the fact that the DHS people quoted are making exactly the same complaint the military did last week, when GAO reported that Iraq has met few of its benchmarks (for the record, DHS seems to be doing somewhat better than Iraq, making at least moderate progress in 6 of 14 benchmarks, whereas Iraq has made at least moderate progress in 7 of 18.

Then again, Iraq has a civil war raging

Both agencies, however, are complaining that the GAO is being unfair because it dares to give failing grades, because it refused the change failing grades, and because it used outdated reports largely because the agency in question wouldn’t give GAO the current ones. Here’s the DHS hack:

DHS Undersecretary for Management Paul A. Schneider said that the GAOshould have graded the department higher on 42 of 171 directives. TheGAO relied on a flawed methodology that "fails to accurately reflectthe Department’s progress in many specific program areas," he said in aformal 42-page response.

Schneider also said investigators relied on outdated reports, appliedvague, shifting and inconsistent grading standards, and set up anunfair, "pass-fail" approach to assessing a spectrum of progress thatshould be expected to take many years.

"The GAO Report treats all of the performance expectations as if theywere of equal significance," Schneider said. "In contrast, theDepartment uses a risk-based approach to consider its overallpriorities," adding that the DHS has met 37 of 50 objectives insecuring transportation modes, which were targeted in the 2001 attacks.

And here’s the Administration on its Iraq benchmarks.

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Somebody to Fire!!!!

I’m thrilled with the news that George Bush just gave Barry Jackson a promotion.

Yesterday, President Bush named Barry Jackson to be Peter Wehnher’s replacement to run the White House Office of Strategic Initiatives.Jackson was the major White House strategist behind Bush’s failedSocial Security privatization ploy, and was one of the White Houseemployees discovered to be using RNC email accounts to e-mail an associate of disgraced lobbyist Jack Abramoff.

That’s because just about all the people involved in politicizing our government–Sara Taylor, Monica Goodling, Kyle Sampson, and, of course, Rove–have already left the Administration. So even if Scott Bloch’s Office of Special Counsel investigation into Hatch Act violations finds that the political briefings held throughout the government finds that those were, in fact, violations, there’s no real punishment, since the normal punishment is simply firing the person responsible.

So I’m glad for Jackson’s promotion. It’ll give us the satisfaction of firing somebody for treating our government like the Soviet state.

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Scottish Haggis and Wide Stance

Josh and his reader ask WTF is up with Arlen’s support for Larry Craig.

TPM Reader BR wonders about Arlen: "What the hell isSpecter thinking? Is he trying to destroy the Republican party? Nothingcould be worse for them then drawing this out or attracting any furtherattention to the situation. Or did Specter offer friendly encouragementnot thinking Craig would take him seriously? Certainly a bizarredevelopment. I hope he does reconsider though, and that LaRoccoforcibly removes him next year."

Hard to say.  I don’t think it could have been quite the misunderstanding theory BRbroaches. Because Specter did make a statement a couple days ago sayingthat he hoped Craig could fight the charges and be able to remain inthe senate. At the time it struck me as a bizarre comment — even byArlen Specter standards — because after all Craig had just resigned,or so we thought. But now it all fits together. What Specter wasthinking with regards to the GOP, that I really can’t say.

But, as Josh alludes, I think this is just more of Scottish Haggis’ typical behavior. Remember that when faced with a black or white decision on anything, Arlen always attempts to find some legal gimmick that will allow the issue Read more

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Tommy K’s Greek Vacation

As I suspected, Judge Burns was none too impressed that Tommy K’s daughter bought Phillip Halpern’s long-lost uncle’s house with the ensuing benefit to Halpern of precisely nada.

Halpern, who had last seen his uncle in 1999, said in court papers hehad no knowledge of the deal and did not benefit in any way from it,and removing him or the office was not warranted.

On that matter, Burns agreed. He said the claim of a conflictwas tenuous and could not serve as a basis for removing Halpern or theoffice.

So John Michael’s stated purpose for the motion to throw out his indictment has failed–Burns refused to throw out the indictment or even throw Halpern off the case. As to his probable intended purpose–to expose as much information about the shady crook that is Tommy K as possible to suggest there’s something fishy about his plea deal? That seems to be having more success.

Moreover, Granger said that Kontogiannis has been on vacation in Greecethis summer. Since pleading guilty, Kontogiannis has been free on abond, but surrendered his passport to federal authorities and wasallowed to travel out of the country only if accompanied by federalagents, or with their permission.

Burns seemed intrigued by that revelation, Read more

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“One Bomb Away”

Glenn highlighted a part of the Jeffrey Rosen on Jack Goldsmith article that I wanted to return to:

[Goldsmith] shared the White House’s concern that the Foreign IntelligenceSurveillance Act might prevent wiretaps on international calls involving terrorists.But Goldsmith deplored the way the White House tried to fix the problem, whichwas highly contemptuous of Congress and the courts. “We’reone bomb away from getting rid of that obnoxious [FISA] court,” Goldsmithrecalls Addington telling him in February 2004. [my emphasis]

Since I raised the question of why this piece got published early, I’ll point out one other timing detail.

The government just submitted a response to the ACLU’s motion to have the FISA Court’s two adverse rulings released. The whole debate is one that may free up documentation about the FISA program sooner rather than later, since the FISA Court technically owns the rulings in question, unlike almost all the other documents people have requested or FOIAed. The FISA Court is no doubt currently considering the government’s argument while it waits for the ACLU’s response, due on September 14.

You know–the FISA Court? The one Addington deemed "obnoxious"?

While I don’t think the ACLU motion is the reason for the early release of the Goldsmith article, I Read more

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How Long Has Gillespie Been Acting as White House Counselor?

First, a correction. I suggested the other day that Dick was one of the three people who voted not to keep Rummy when Bush took a show of hands on Rummy’s fate. But Cheney may not have been among those polled. The WaPo has a review of the book and the incident today, and Cheney is not among those named (though Abramowitz does not identify all of the votes).

For Canning Rummy
Josh Bolten
Andrew Card
Condi Rice
Ed Gillespie
Three more people

Against Canning Rummy
Bush
Rove
Stephen Hadley
One other, probably Cheney

But here’s what I’m really struck by. Ed Gillespie, right there among the paid Presidential advisors, casting a "can Rummy" vote.

I’ve been harping for some time on the problem with a big-time lobbyist entering the White House to take on the Counselor role. After all, when a guy had been lobbying for the telecom industry, a number of front organizations for corporate interests, and those student loan companies that are bankrupting our families, it suggests he might have divided loyalties when he enters the White House.

This anecdote shows that Gillespie had entered the White House in a substantive advisory role long before he stopped being paid by those corporate interests. Ed Gillespie was taking votes on personnel decisions Read more

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Condi, AIPAC, and the A1 Cut-Out

You’ll recall that the AIPAC defendants called Condi and Stephen Hadley to testify about how they routinely leak classified information. Well, the government claims that these two, at least, don’t have to testify.

 

Secretaryof State Condoleezza Rice and other senior intelligence officialsshould not be forced to testify about whether they discussed classifiedinformation with pro-Israel lobbyists, federal prosecutors argued in aclosed-door court hearing Friday.

Two former American IsraelPublic Affairs Committee lobbyists facing espionage charges havesubpoenaed Rice, National Security Adviser Stephen Hadley, DeputyNational Security Adviser Elliott Abrams and several others to testifyat their trial next year.

If their testimony is allowed by U.S.District Judge T.S. Ellis III, the trial could offer abehind-the-scenes look at the way U.S. foreign policy is crafted.

(Note, it’s unclear whether the government is claiming just Hadley and Rice don’t have to testify, or whether they’re making the same claim for the others who have been subpoenaed, including Richard Armitage and Anthony Zinni.)

Basically, the Administration is arguing it should be able to keep its strategy of using A1 Cut-Outs secret. By A1 Cut-Out, I’m referring to the Administration’s practice of leaking classified information to a journalist–usually at the NYT and, until she was gone, often to Judy Miller–who then publishes it on the front page of the paper. The Administration then points to that story, pretending that they don’t know the information remains highly classified. The Administration famously did this with the aluminum tubes story, but it comes in really handy when you’re trying to drum up wars against countries whose names have four-letters starting in "Ira."

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