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Dana Jill Simpson and Greg Craig

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I’m not entirely sure what to make of this (written by Dana Jill Simpson’s lawyer to White House Counsel Greg Craig)–besides that this is what you get when you hire an uber-insider like Greg Craig to be your White House Counsel. And that if we can tie Richard Shelby to the Siegelman mess (remember, Jeff Sessions is already in deep), then I’d be okay with that.

I represent Dana Jill Simpson, an attorney in Rainsville, Alabama, who testified before Congress in September 2007, regarding Karl Rove’s involvement in the U.S. Justice Department prosecution of Gov. Don Siegelman.

She is very concerned that you have violated the Rules of Professional Conduct 1.6 , 1.7 and 1.10, while citing 1.9 to decline representation. She is equally concerned about the person or persons to whom you have divulged her confidential information. Your recent efforts on the part of negotiating a settlement between Congress and Karl Rove have been noted, as well as your efforts to delay matters before the D.C. Court of Appeals, regarding Rove and other Bush administration officers claiming executive privilege.

For this reason, she is asking that you step down from your position as White House Counsel, at least in all matters dealing with the Bush administration. Further, she is asking that you furnish her with a list of each and every person with whom you have communicated regarding this matter; that is, Miss Simpson’s affidavit, testimony, knowledge, research and any other matters touching or information furnished by Miss Simpson. In recapping the events linking you and
Miss Simpson:

1.) Upon information and belief, Gov. Don Siegelman or his agent made the direct call to you at your law firm, Williams & Connolly, soliciting your pro bono representation of Ms. Simpson, with regard to her affidavit about Karl Rove’s involvement in Siegelman’s prosecution.

2.) According to Ms. Simpson, you called her up to four times on or about March 16-17, 2007, and you faxed her your resume.

3.) She initially asked, “Before we really start this, do you have any contacts with George Bush, Karl Rove, Don Siegelman or Bob Riley?”

4.) You indicated you did not and said, “Tell me who this is about.”

5.) Your initial conversation with Ms. Simpson lasted about 10 to 15 minutes.

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The HJC Agreement with Rove and Miers

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Here’s the written agreement between HJC and the Bush Administration for Rove and Miers’ testimony. Some highlights:

The House Judiciary Committee (the “Committee”) will interview Karl Rove and Harriet Miers, but there will be no additional interviewees / witnesses (subject to the one exception [possibly William Kelley, who has reportedly been subpoenaed in the probe on this]). 

On this, I wonder whether there isn’t someone else in the White House who was the real fulcrum of the effort? Rove’s denials have always been couched to say he didn’t talk to DOJ, but leaving open the possibility that someone else did (at least on these issues). I wonder if they’ve included this requirement to protect that person?

The scope of the interviews will be limited to: (1) facts relating to the evaluation of, decision to dismiss, or decision to replace the former U.S. Attorneys in question; the alleged decisions to retain certain U.S. Attorneys; and any allegations of selective prosecution related thereto; and (2) testimony or representations made by Department of Justice officials to Congress on the U.S. Attorneys matter. For the period beginning on March 9, 2007 (the date of the Committee’s first written demand for information from the White House), interviews will not include the content of conversations involving: (i) Mr. Rove and members of the White House Counsel’s office; or (ii) Ms. Miers and members of the White House Counsel’s office. In the case of Mr. Rove, the interview also will include facts relating to the prosecution of Alabama governor Don Siegelman.

I’ve asked whether bullet (1) includes the alleged attempt to fire Pat Fitz–will let you know if I hear.

As to the rest–they’ve clearly carved out the White House Counsel Office, presumably to protect Attorney-Client privilege. Bill Clinton and his blow job, of course, enjoyed no such privilege.

As to official privileges, counsel will direct witnesses not to respond to questions only when questions relate to communications to or from the President or when questions are outside the scope of questioning set forth above.

Regarding the David Iglesias firing, of course, there are allegations that Bush intervened directly to give the order to fire him. Read more →

Breaking: Turdblossom and Harriet to Testify

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And, just as importantly, the notion of Absolute Immunity dies a well-deserved death (via email).

In an agreement reached today between the former Bush Administration and Congressman John Conyers, Jr. (D-Mich.), Chairman of the House Judiciary Committee, Karl Rove and former White House Counsel Harriet Miers will testify before the House Judiciary Committee in transcribed depositions under penalty of perjury. The Committee has also reserved the right to have public testimony from Rove and Miers. It was agreed that invocations of official privileges would be significantly limited.

In addition, if the Committee uncovers information necessitating his testimony, the Committee will also have the right to depose William Kelley, a former White House lawyer who played a role in the U.S. Attorney firings.

The Committee will also receive Bush White House documents relevant to this inquiry. Under the agreement, the landmark ruling by Judge John Bates rejecting key Bush White House claims of executive immunity and privilege will be preserved. If the agreement is breached, the Committee can resume the litigation.

Chairman Conyers issued the following statement:

"I have long said that I would see this matter through to the end and am encouraged that we have finally broken through the Bush Administration’s claims of absolute immunity. This is a victory for the separation of powers and congressional oversight. It is also a vindication of the search for truth. I am determined to have it known whether U.S. Attorneys in the Department of Justice were fired for political reasons, and if so, by whom."

You think maybe Rove’s lost his 5 time’s a charge charm with perjury?

Update on timing: The Committee is going to get the documents it had requested and read them before they do the interviews with Harriet and Karl. And the interviews will be done by staffers, with the option of doing a public hearing with questions from Congresspersons if that seems useful. So the timing for the moment seems to be driven by how quickly they get documents. 

Update: Pelosi does a victory dance for the authority of Article I (via email):

The agreement for Karl Rove and Harriet Miers to testify upholds a fundamental principle: no one is above the law and Congressional subpoenas must be complied with.

As public officials, we take an oath of office to uphold the Constitution. It is the institutional duty of Congress — as an independent branch — to Read more →

Will the House Hold Rove in Contempt before March 4?

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Just before I disappeared for a week, John Conyers sent Karl Rove a sternly-worded letter insisting Rove show up for his deposition today.

I also cannot agree to your request for a delay to accommodate Mr. Rove’s schedule. As you know, the deposition was originally scheduled for February 2. On January 29 I in good faith acceded to your request for a delay since you were scheduled to be out of town at the time and requested more time to prepare. I also notified your office of the new February 23 date at that time. Thus, absent an actual commitment by Mr. Rove to comply with the subpoena, I am not in a position to agree to yet a further delay. In essence, given Mr. Rove’s public statements that he does not intend to comply with the subpoena, I am puzzled as to why Mr. Rove needs a mutually convenient date to appear.

Well, the blogger formerly known as Kagro X reports that Rove indeed blew off the House Judiciary Committee (for what must be the third or fourth time) today (h/t Petrocelli).

I find that interesting for several reasons. First, remember that Conyers sent that sternly-worded letter at a point when HJC was already negotiating with the Obama White House about what to do with the Miers/Bolten suit.  

Next, consider some of the other language Conyers used in his sternly-worded letter.

Finally, conducting a voluntary deposition under these circumstances [limiting testimony to the Siegelman witch hunt and excluding the US Attorney firings and other politicization issues] could simply serve to further delay matters beyond the nearly two years I have been waiting, since the Committee could not then be in a position to utilize contempt or other enforcement mechanisms in response to any improper refusal to answer questions. [my emphasis]

Conyers was clearly thinking about contempt when he wrote that letter–at a time when he was in negotiations on the Miers/Bolten suit.

Finally, as I reported earlier, Obama got the second week of his requested two week delay for his brief on the Miers/Bolten suit. HJC agreed to go along with that delay.

Now, I have no reason (besides noting the coincident dates) to believe that there’s a connection between the additional week extension on the Appeals Court brief and any response to Rove’s latest contempt for an HJC subpoena.

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Condi’s Whole Life, in Three Volumes, Worth Slightly More than David Plouffe’s Two-Year Campaign

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As Lisa is reporting, Condi just signed herself a $2.5 million deal for three books on her life and her tenure as Bush’s foreign policy flunky. She will write one book on her time in the Bush Administration, a memoir of her life, and a kids version of the memoir.

That’s great news for Condi, as others in the Bush Administration are having less success getting book deals. Consider Alberto Gonzales, who doesn’t yet have a publisher for his book, which purportedly sets the record straight on his role in the crimes of the Bush Administration. Laura Bush got a book deal–at a quarter of the price that Hillary got for her First Lady story. Karl Rove, who smartly got an early start on the bidding, had to settle for $1.5 million for his book deal; experts had thought he’d get $3 million. And Bush himself has been advised to wait, as the market for anything he has to say looks like the rest of the economy: non-existent and getting worse.

But the market for books is not all bad. Just by way of perspective, consider David Plouffe’s book deal for the story of managing Obama’s historic campaign. Plouffe got $1.5 to $2 million for his advance.

So in case you were wondering, the market now values Plouffe’s role in Obama’s two-year campaign to have the same value as Karl Rove’s entire life work, Laura Bush’s tenure as First Lady, (for the moment at least) George Bush’s two term Administration, and two out of Condi’s three-volume life.

I think the market’s invisible hand just slapped the Bush Administration upside their head.

And Now the Appeals Court Jumps in the Fray

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This is weird. The DC Appeals Court apparently doesn’t want to give Obama time to make a deal between Bush’s minions and the House Judiciary Committee.

After specifically invoking the benefit of "permitting the new President"… "to express [his] views on the merits of the lawsuit" between the House Judiciary Committee and Harriet Miers and John Bolten last fall when it stayed Judge Bates’ ruling knocking down Absolute Immunity, and in spite of the fact that said new President asked for two additional weeks to submit his brief on the debate over Harriet Miers’ testimony, and in spite of the fact that HJC agreed to that two week delay, the DC Appeals panel has ordered DOJ to submit its brief by February 25, half the time the Obama Administration requested. 

That’s weird for several reasons. Normally, when the legislature and the executive get into a squabble, the courts like to have them try to resolve the squabble on their own. One of the reasons Obama had wanted two weeks was to try to broker a deal himself. Given reports that such a deal is taking some time, the order to submit briefs this Wednesday makes it much less likely that HJC and Bush’s minions will make a deal before the Appeals Court gets involved again.

The one-week extension also guarantees that Obama will submit his brief before Dawn Johnsen takes over at OLC; her confirmation hearing is scheduled for the same day as the new deadline for the brief. One way Obama could have responded to this suit would be to simply withdraw Steven Bradbury’s audacious memo expanding Absolute Immunity, but that won’t happen before Johnsen takes over.

Now, I have no idea why the Appeals Court is so antsy to get involved here, but there are several possibilities.

It’s possible that they’ve seen Greg Craig’s statement explaining that Obama will not "do anything that would undermine or weaken the institution of the presidency" and they worry that Obama will craft a deal that preserves Absolute Immunity, and they want to prevent that from happening (though why they think John Conyers would agree to such a deal, I have no clue).

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Is the Obama White House Caving (Again) on Presidential Privileges?

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I had this post mostly written as a screed against Greg Craig, who appeared to be caving again on Obama’s stated principles on presidential privileges. But after checking with three data points, I’m not so sure what is going on.

I covered the first data point on Friday: John Conyers’ letter, dated Friday, to Bob Luskin, refusing to give Rove yet another delay until such time as he feels the whim to testify before HJC.

I also cannot agree to your request for a delay to accommodate Mr. Rove’s schedule. As you know, the deposition was originally scheduled for February 2. On January 29 I in good faith acceded to your request for a delay since you were scheduled to be out of town at the time and requested more time to prepare. I also notified your office of the new February 23 date at that time. Thus, absent an actual commitment by Mr. Rove to comply with the subpoena, I am not in a position to agree to yet a further delay. In essence, given Mr. Rove’s public statements that he does not intend to comply with the subpoena, I am puzzled as to why Mr. Rove needs a mutually convenient date to appear.

The letter suggested that as of Friday, Conyers was unwilling to wait until the Appeals Court ruled on the Miers/Bolten (with Rove added) suit–he wanted to get a date with Rove for a week from Monday.

But then there was this report, revealing that Greg Craig is trying to make a deal.

White House lawyers and representatives for former president George W. Bush are engaged in discussions that could clear a path for congressional testimony by onetime Bush aide Karl Rove, three sources familiar with the talks said yesterday. 

[snip]

"The president is very sympathetic to those who want to find out what happened," Craig said in a statement yesterday. "But he is also mindful as president of the United States not to do anything that would undermine or weaken the institution of the presidency. So, for that reason, he is urging both sides of this to settle."

There’s a CBS report on this statement–but the reporter seems to be confused as much by the underlying issues as by Craig’s ambivalence. Both, however, suggest that Craig is granting Rove’s position with entirely too much credibility. Further, it hints that Craig might try to defend the utterly ridiculous absolute immunity claim so as to not "weaken the institution of the presidency." Read more →

Rove’s Rather Uncooperative Cooperation

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Remember how Bob Luskin told Murray Waas that Rove had gotten all cooperative?

Well, it will surprise none of you that that’s a load of horse puckey. In a letter to Luskin, John Conyers reveals that Rove is stalling on the February 23 deposition he agreed to in two ways: by insisting on bracketing off the Don Siegelman testimony, and by begging for (yet) another delay.

Though staff, I understand that you have offered to have your client testify voluntarily, but only on the Siegelman matter, and that in any event you have requested a further delay in the deposition. I cannot agree to either of these requests for a number of reasons.

With regard to the request to unilaterally limit Mr. Rove’s testimony to the Siegelman matter, as we have previously discussed, I do not believe it is acceptable for the Committee to allow witnesses to unilaterally determine what they can and cannot testify concerning, again absent assertion of a valid privilege. Moreover, the proposed distinction between the Siegelman matter and the U.S. Attorney investigation generally does not appear to be a tenable or viable distinction. They are part and parcel of the same serious concerns about politicization of the U.S. Attorney corps and the Justice Department under the Bush Administration.

[snip]

Finally, conducting a voluntary deposition under these circumstances could simply serve to further delay matters beyond the nearly two years I have been waiting, since the Committee could not then be in a position to utilize contempt or other enforcement mechanisms in response to any improper refusal to answer questions.

I also cannot agree to your request for a delay to accommodate Mr. Rove’s schedule. As you know, the deposition was originally scheduled for February 2. On January 29 I in good faith acceded to your request for a delay since you were scheduled to be out of town at the time and requested more time to prepare. I also notified your office of the new February 23 date at that time. Thus, absent an actual commitment by Mr. Rove to comply with the subpoena, I am not in a position to agree to yet a further delay. Read more →

They’re Close to Domenici … Are They Close to Bush?

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Murray delivers the news he promised the other day, revealing that the grand jury investigating the US Attorney firings is getting closer to Pete Domenici.

A federal grand jury probe of the firings of nine U.S. attorneys during the Bush administration is focusing on the role played by recently retired Sen. Pete Domenici (R-NM) and former senior Bush White House aides in the 2006 dismissal of David Iglesias as U.S. attorney for New Mexico, according to legal sources familiar with the inquiry.

The federal grand jury is investigating whether Domenici and other political figures attempted to improperly press Iglesias to bring a criminal prosecution against New Mexico Democrats just prior to the 2006 congressional midterm elections, according to legal sources close to the investigation and private attorneys representing officials who prosecutors want to question.  Investigators appear to be scrutinizing Iglesias’ firing in the context of whether he was fired in retaliation because Domenici and others believed that he would not manipulate the timing of prosecutions to help Republicans.

Apparently, Murray’s inquiries to both Domenici and his aide involved in Iglesias’ firing did not reveal whether or not Domenici will now cooperate with the investigation (he refused to cooperate with DOJ’s own investigation). 

Blalack, a partner with the law firm of O’Melveny and Myers, who is representing Domenici in his dealings with the Justice Department, declined to discuss anything related to the matter, including whether his client will cooperate with prosecutors conducting the current federal grand jury probe.

[snip]

Michael Madigan, an attorney representing [Domenici Chief of Staff Steve] Bell, did not respond to several telephone and email requests for a comment for this story.

[snip]

Although Domenici has refused to be interviewed by the Justice Department, and also declined to comment for this story, he said in a statement in March 2007 that "in retrospect I regret making that call and apologize" and that he had "never pressured [Iglesias] or threatened him in any way."

It’ll be interesting to see whether Domenici cooperates. That’s because–according to an often-ignored story from the Albuquerque Journal–Domenici had to call Bush directly to get Iglesias fired.

In the spring of 2006, Domenici told Gonzales he wanted Iglesias out.

Gonzales refused. He told Domenici he would fire Iglesias only on orders from the president. Read more →

Grand Jury Getting Closer to Rove

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From Murray, over at TPM:

Karl Rove will cooperate with a federal criminal inquiry underway into the firings of nine U.S. attorneys and has already spoken to investigators in a separate, internal DOJ investigation into the prosecution of former Alabama Gov. Don Siegelman, his attorney said in an interview.

Rove previously refused to cooperate with an earlier Justice Department inquiry into the firings. The Justice Department’s Inspector General and its Office of Professional Responsibility (OPR) said in a report released last September detailing their earlier probe of the firings of the U.S. attorneys that their investigation was severely "hindered" by the refusal by Rove and other senior Bush administration officials to cooperate with the probe.

Rove’s attorney, Robert Luskin, said that Rove, however, will cooperate with a federal criminal probe of the firings being led by Nora Dannehy, the Acting U.S. Attorney for Connecticut who was selected by former Attorney General Michael Mukasey to lead the investigation. Dannehy has recently empaneled a federal grand jury to hear evidence in the matter.

Luskin told me that Rove had earlier not cooperated with the Inspector General and OPR probe into the firings because "it was not his [Karl’s] call… it was not up to us decide." Luskin said that Rove was directed by the Bush White House counsel’s office not to cooperate with the Inspector General and OPR.

Regarding the more recent probe by Dannehy, Luskin said: "I can say that he would cooperate with the Dannehy investigation if asked."

In recent days, according to legal sources, two former Bush White House officials, including one former aide to Rove, have been contacted by investigators working for Dannehy and asked for interviews. One of the two has agreed to be interviewed.

Note, at least according to this, Rove has not yet been asked to talk to the grand jury–two former White House staffers have. If I had to guess, I’d say Sara Taylor (who was a Rove aide) and Chris Oprison or William Kelley (who both worked in the White House Counsel office) are good candidates for the two officials who have already been contacted by Dannehy’s investigation (Scott Jennings is another Rove aide who testified). Taylor, of course, previously shielded much of her testimony before the Senate by invoking executive privilege (which was when Bush panicked and made sure Harriet wouldn’t undergo the same process).