Dan Rather Gets Discovery

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emptywheel
The Judge in Dan Rather's suit against CBS just granted him discovery. I'd advise popcorn. Lots of it.
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They Really Don't Want Us Learning About the Torture Tapes, Do They?

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emptywheel
Surprise surprise. Bob Bennett is advising his client, Jose Rodriguez, not to tell Congress about how and why and when he destroyed the torture tapes unless they give him immunity. And Judge Kennedy has decided that he's not all that worried about the government destroying torture tapes in spite of orders not to do such things. We're not going to find out more details about the torture tapes anytime soon.

Michigan's Clusterfuck: Prelude to a National Clusterfuck?

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emptywheel
I'm not the only one calling MI's primary next week a clusterfuck--one of the state's top Dem consultants, Mark Grebner, thinks so too, though he doesn't use the word clusterfuck: Of course, we may get lucky, but that's not really "a plan". With Clinton bouncing back tonight in NH, it's plausible that she and Obama will go round after round, with neither scoring a knockout.

Are We Faking It Again?

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emptywheel
That's what the Iranians say. They say the US took video and superimposed audio to it with the menacing threat, "I am coming to you. You will explode after a few minutes," but that the threat (and the claimed throwing of small boxes in front of the US Navy ships) didn't happen.

Mark Foley Falls into Pelosi's Lap

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emptywheel
Not literally, of course. She's not his type. But the Blotter is reporting that Florida investigators have asked the Speaker's help in accessing Foley's Congressional computer, which they had been prevented from subpoenaing because of the William Jefferson ruling extending Speech and Debate to Congressional materials. Florida law enforcement officials investigating former Republican Rep.

Dickie Scruggs Timeline

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emptywheel
A link to a great timeline on the Dickie Scruggs' case.

It's More than Just WHETHER the E-Mails Are On the Back-Ups

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emptywheel
The judge ordering the White House to reveal whether the 10 million missing emails are on the backup tapes asked for more than that. He asked for enough information to begin to determine whether it's JUST the missing emails that aren't on the backup tapes.

Tip Your Hat

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emptywheel
Jack Balkin gets at something I was trying to address the other day: the collapse of Reagan's three-legged stool and its benefits for the Democratic party. Bush's failed presidency has left the Republicans scrambling to reconstitute the Reagan coalition. The wide range of different candidates-- from Giuliani to Romney to McCain to Huckabee to Paul-- offer different solutions.

Stupid DOJ Tricks: Don't Watch this Bush Ad

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emptywheel
I have to admit. I find this ad totally unappealing. While Bush comes off as the same kind of mob-inciting thug as George Allen did in Macaca, Geoffrey Fieger's smug delivery doesn't make me want to have him represent me in any lawsuits. Still, it's marginally more subtle than most trial lawyer advertisements.
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Is Dick Finally Going to Go After OBL?

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emptywheel
Is the NYT's report that Cheney and Condi were considering teaming CIA operatives with Special Forces to conduct operations in Pakistan's tribal areas just a belated effort to get Osama bin Laden?

Boston's Chief Judge: OPR Isn't Doing Its Job

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emptywheel
The Chief Judge in Boston just sent Michael Mukasey a letter suggesting DOJ's process for investigating and responding to misconduct from government attorneys isn't work. The chief federal judge in Boston has urged the new US attorney general to crack down on prosecutors who commit misconduct and to force Justice Department lawyers to be truthful in court. Chief Judge Mark L.

Missing the Party

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emptywheel
I think the pundits are still working from outdated conventional wisdom, which was overturned on two counts in Iowa. Obviously, Obama has dramatically altered the universe of voters whom Democrats are going to have to win over. But at the same time, I wonder whether the Republicans have lost a good many of their corporatists who have been disgusted by the rank incompetence of the Bush Administration. If so, it may mean that Huckabee wins big, but wins in what has become a minority party.
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John Yoo complains, "I am trapped on a plane in all of this bad weather"

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emptywheel
Poor John Yoo. Apparently now he's trapped. Or, as his lawyer said, faced with "nothing more than a political rant disguised as a lawsuit." I know you're all crying for him. I'm a little bit late to posting about the law suit, on the behalf of Jose Padilla and his mother, against the guy who rationalized his torture, John Yoo.
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emptywheel's Famous Football Trash Talk Thread - Wildcard Weekend Edition

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emptywheel
At long last, the playoffs are upon us. Well, the playoffs are upon us for the NFL anyway; there are still no playoffs for major college football, so we will once again have to settle for a BCS title game with arguably the wrong participants. I am thinking you folks may have some opinions on all this. Do tell.

How DOJ Put Off Confessing To Their Pixie Dust

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emptywheel
After folks noted this footnote from Steven Aftergood's request that the Office of Professional Responsibility look into the Pixie Dust* surrounding Executive Order 13292 and Dick Cheney's claims to be a Fourth Branch... 2 A copy of the OLC letter is attached, and may also be found online here: http://www.fas.org/sgp/isoo/olc072007.pdf . The July 20, 2007 letter did not become public until December 11, 2007 when it was published by Marcy Wheeler on
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Get Caught in a Sting, Get Thrown Out of the USA, Get Gagged about It

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emptywheel
I suggested last month that the Liberty City Seven indictment looks more and more like a made for TV event, particularly after a mistrial was declared on most charges and one of the Seven, Lyglenson Lemorin, was acquitted of all charges. Well, now Lemorin is suffering from his own little Orwellian hell. On the day of his acquittal, the judge in the case immediately issued an oral gag order pertaining to the

Steven Aftergood Takes on Pixie Dust

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emptywheel
Steven Aftergood takes on the Pixie Dust ruling that says Cheney gets to follow the same rules as the President for classified information. Aftergood demands a ruling from DOJ on the underlying issue.

emptywheel's Quickie Analysis

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emptywheel
Many of you no doubt disagree. But I'm not crying about an Obama victory (then again, I wouldn't have been crying about an Edwards or Clinton win, either). But here are the two details that I think are most important. Crazy, record turnout--reportedly well over 200,000. And reportedly, perhaps two-to-one for Dems, compared to the Republicans. Crazy, record turnout among youth.

Helgerson's Reports Will Remain Unchanged

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emptywheel
Since I've been talking so much about Helgerson, and since we now have proof that Helgerson's investigation was always central to discussions of the torture tape destruction, I would be remiss in ignoring this bit from the LAT (h/t Laura). The CIA has completed a controversial in-house probe of its inspector general and plans to make a series of changes in the way the agency conducts internal investigations, according to U.S.
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Harman's Letter

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emptywheel
Jane Harman's letter to Scott Muller verifies something I had speculated--that CIA IG John Helgerson's inquiry into the interrogation practices of the CIA, and his conclusion that those practices constituted cruel and inhuman treatment--were at the center of the torture tape debates.
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