[Update: Be sure to read Lori Minnite's explanation in comments of what seems to have happened here. Details at bottom of article.]
Unless I'm missing something here (please let me know if I am!) it doesn't appear that the DoJ "dropped" charges against the RNC's alleged 2002 NH election "phone-jammer," James Tobin, as is currently being described in news accounts, and via several emails I've received alerting me to the story.
From my read of AP's coverage, and several others, it looks like the DoJ lost their original New Hampshire case, and then recently saw the appeal of a refiled case, with a different focus (lying to federal investigators) in Maine, "dismissed" by the U.S. Circuit Court of Appeals in Boston.
"In politics we presume that everyone who knows how to get votes knows how to administer a city or a state. When we are ill...we do not ask for the handsomest physician, or the most eloquent one." --- Plato
During the campaign, amid their state of elation, many disregarded Presidential Candidate Senator Barack Obama's past record and took any criticism of these past actions as partisan attacks deserving equally partisan counterattacks. Some continued their reluctant support after candidate Obama became grand finalist and prayed for the best. And a few still continue their rationalizing and defense, with illogical excuses such as 'He's been in office for only 20 days, give the man a break!' and 'He's had only 50 days in office, give him a chance!' and currently, 'be reasonable - how much can a man do in 120 days?!' I am going to give this logic, or lack of, a slight spicing of reason, then, turn it around, and present it as: If 'the man' can do this much astounding damage, whether to our civil liberties, or to our notion of democracy, or to government integrity, in 'only' 120 days, may God help us with the next [(4 X 365) - 120] days.
I know there are those who have been tackling President Obama's changes on change; they have been challenging his flipping, or rather flopping, on issues central to getting him elected. While some have been covering the changes comprehensively, others have been running right and left like headless chickens in the field - pick one hypocrisy, scream a bit, then move on to the next outrageous flop, the same, and then to the next, basically, looking and treating this entire mosaic one piece at a time.
Despite all the promises Mr. Obama made during his campaign, especially on those issues that were absolutely central to those whose support he garnered, so far the President of Change has followed in the footsteps of his predecessor. Not only that, his administration has made it clear that they intend to continue this trend. Some call it a major betrayal. Can we go so far as to call it a 'swindling of the voters'?
On the State Secrets Privilege
Yes, I am going to begin with the issue of State Secrets Privilege; because I was the first recipient of this 'privilege' during the now gone Administration;
Today, VelvetRevolution.us announced our new campaign calling for the disbarment of 12 of the Bush-era torture lawyers in four states and the District of Columbia. The campaign, whose VR homepage is at DisbarTortureLawyers.com (where you can sign on yourself, read the complaints, etc.), calls for action to be taken by the state bar associations to revoke the law licenses of attorneys John Ashcroft, Alberto Gonzales, Michael Mukasey, Michael Chertoff, John Yoo, Jay Bybee, Stephen Bradbury, Douglas Feith, David Addington, William Hayens, and Timothy Flanigan in NY, CA, TX, PA and D.C., following their exceedingly irresponsible and inappropriately liberal interpretation of U.S. law.
My colleague Kevin Zeese, an attorney himself, as well as executive director of VotersForPeace.us and a board member at VR, signed the complaints delivered to the appropriate boards for all 12 Bush attorneys. He announced the launch of the initiative at a press conference in D.C. this morning. His published statement, released today with the press conference, is posted in full here.
So far, the coverage in the corporate mainstream media today has been surprisingly decent and fairly widespread. We've seen reports from NY Times, CNN, LA Times, WaPo, Bloomberg, AP and others.
AP's coverage has been interesting, and instructive, to watch. When they first reported on the initiative early today, the lede on their story was [emphasis mine]:
WASHINGTON (AP) — Two outside groups want Bush administration lawyers linked to memos on harsh interrogation techniques of detainees to lose their licenses to practice law.
Their updated version, which included a few more details, but the same headline, "Complaint seeks disbarment of Bush lawyers," had this as its lede [emphasis mine]:
WASHINGTON (AP) — A coalition of liberal groups filed petitions Monday seeking disbarment of Bush administration attorneys linked to memos on harsh interrogation techniques of detainees.
Not sure what makes calling for a strict, conservative interpretation of the Rule of Law, versus the wildly liberal interpretations of the Bush Administration (and that's putting it mildly), a "liberal" cause, but that's what I guess we must come to accept from the news organization --- sorry, let me update that --- rightwing house organ that AP has become.
UPDATE: As I've been asked by a number of media folks for a comment on today's initiative, as co-founder of VR, I've been happy to offer them this statement:
"The wildly liberal interpretations of the rule of law by the Bush administration attorneys, in order to justify their torture schemes, should be offensive to the core, to anyone who believes in a strict, conservative interpretation of decades of established U.S. law on the matter, including treaties signed, on behalf of the U.S., by such conservatives as Ronald Reagan."
UPDATE 5/19/09, 8:44pm PT: AP's short video coverage of Kevin Zeese at the presser yesterday is here. But a more complete version of his statement follows below. Also, a big congrats to our Kevin for being honored with the prestigious BuzzFlash "Wings of Justice" award today for his tremendous effort on this campaign!
For those who have wondered (particularly when looking at the incredible miscarriages of prosecutorial injustices and improprieties in cases like Gov. Siegelman's), no, Obama has yet to replace Bush's partisan U.S. Attorneys, incredibly enough. But he will, says AG Holder, according to Politico...
President Barack Obama plans to replace a "batch" of U.S. Attorneys in the next few weeks and more prosecutors thereafter, according to Attorney General Eric Holder.
"I expect that we'll have an announcement in the next couple of weeks with regard to our first batch of U.S attorneys," Holder said Thursday during a House Judiciary Committee hearing which stretched out over most of the day due to breaks for members' votes. "One of the things that we didn't want to do was to disrupt the continuity of the offices and pull people out of positions where we thought there might be a danger that that might have on the continuity--the effectiveness of the offices. But...elections matter--it is our intention to have the U.S. Attorneys that are selected by President Obama in place as quickly as they can."
Holder's comments Thursday came in response to a question from Rep. Maxine Waters (D-Calif.) "Many jurisdictions are waiting desperately to see what is going to be done. As we understand it, the protocol has been that U.S. Attorneys would hand in their resignations and would give the new administration an opportunity to make new appointments, we don't see that happening quite fast enough," she said, pointing to complaints about prosecutors in Mississippi, Louisiana and Alabama.
Gosh. Take your time, kids. Although, in fairness (where any may be due here), the following bears keeping in mind...
If the first U.S. Attorney selections from Obama do come in the next few weeks, he will still be ahead of Bush's timetable. He proposed his first U.S. Attorneys on August 1, 2001.
U.S. Attorneys require confirmation by the Senate and are usually proposed with the concurrence of the senators from that state.
Former top White House official Karl Rove will be interviewed tomorrow as part of an ongoing criminal investigation into the firing of U.S. attorneys during the Bush administration, according to two sources familiar with the appointment.
He will be questioned tomorrow by Connecticut prosecutor Nora R. Dannehy, who was named last year to examine whether any former senior Justice Department and White House officials lied or obstructed justice in connection with the dismissal of federal prosecutors in 2006.
The firings were the subject of a lengthy report released last fall by the Justice Department's inspector general and the department's Office of Professional Responsibility. Investigators there uncovered improper political motivations in the firings of several of the nine dismissed federal prosecutors.
But the department's own probe was thwarted in part because the inspector general's agents did not have the authority to compel testimony from Bush White House advisers and lawmakers.
They also add, for those keeping track...
Rove and [former Bush WH Counsel Harriet] Miers are tentatively scheduled to provide closed-door testimony to House Judiciary Committee Chairman John Conyers Jr. (D-Mich.) and other members of the panel sometime next month.
UPDATE 5/15/09: RAW STORY's Larisa Alexandrovna has a number of questions she'd like to see asked of Rove, in regard to the Siegelman case.
At right is the video from Rove's appearance at his attorney's office this morning to meet federal prosecutors for his questioning (via RAW).
Incredibly, the Bush-appointed prosecutors in the Siegelman case (who are, inexplicably, still on the job!) have now requested an even longer sentence for the former Democratic Gov. of Alabama who was railroaded as part of a Rove-led political prosecution.
RAW STORY offers the amazing details on the twenty-year sentence now being sought by the federal prosecutors to replace the seven years he was originally screwed with. The entire prosecution needs to be entirely thrown out, just as the case against Republican Sen. Ted Stevens was.
And where is AG Eric Holder in all of this? I'd sure as hell love to know, as I asked in my April 13th letter to him on behalf of VR's Restore Justice at Justice campaign requesting an investigation of all illegal, Bush-era political prosecutions. (If you haven't yet, please sign on to that letter, to add your voice!)
My brief interview with Siegelman at last Summer's Democratic National Convention in Denver (originally posted here), is re-posted at left, wherein he warned, if action wasn't taken "Karl Rove is simply going to get in his get-away car and thumb his nose at the Constitution, the Congress and the American People."
The former FBI translator and whistleblower suggests blackmail may be at the heart of Congressional refusal to bring accountability and oversight to its own members - such as both Hastert and Harman - in matters of espionage and national security
I have been known to quote long-dead men in my past writings. Whether eloquently expressed thoughts by our founding fathers, or those artfully expressed by ancient Greek thinkers, these quotes have always done a better job starting or ending my thoughts - that tend to be expressed in long winding sentences. For this piece I am going to break with tradition and start with an appropriate quote from a living current senator, John Kerry: "It's a sad day when you have members of Congress who are literally criminals go undisciplined by their colleagues. No wonder people look at Washington and know this city is broken."
The people do indeed look at Washington and know that this city is 'badly' broken, Senator Kerry. The public confidence in our Congress has been declining drastically. Recent poll results highlight how the American people's trust in their Congress has hit rock bottom. A survey of progressive blogs easily confirms the rage rightfully directed at our Congress for abdicating its role of oversight and accountability. Activists scream about promised hearings that never took place - without explanation. They express outrage when investigations are dropped without any justification. And they genuinely wonder out loud why, especially after they helped secure a major victory for the Democrats. The same Democrats who had for years pointed fingers at their big bad Republican majority colleagues as the main impediment preventing them from fulfilling what was expected of them.
The recent stunning but not unexpected revelations regarding Jane Harman (D-CA) by the Congressional Quarterly provide us with a little glimpse into one of the main reasons behind the steady decline in the integrity of Congress. But the story is almost dead - ready to bite the dust, thanks to our mainstream media's insistence on burying 'real' issues or stories that delve deep into the causes of our nation's continuous downward slide. In this particular case, the 'thank you' should also be extended to certain blogosphere propagandists who, blinded by their partisanship, myopic in their assessments, and ignorant in their knowledge of the inner workings of our late Congress and intelligence agencies, helped in the post-burial cremation of this case.
Ironically but understandably, the Harman case has become one of rare unequivocal bipartisanship, when no one from either side of the partisan aisle utters a word. How many House or Senate Republicans have you heard screaming, or even better, calling for an investigation? The right wing remains silent. Some may have their hand, directly or indirectly, in the same AIPAC cookie jar. Others may still feel the heavy baggage of their own party's tainted colleagues; after all, they have had their share of Abramoffs, Hasterts and the like, silently lurking in the background, albeit dimmer every day. Some on the left, after an initial silence that easily could have been mistaken for shock, are jumping from one foot to the other, like a cat on a hot tin roof, making one excuse after another; playing the 'victims of Executive Branch eavesdropping' card, the same very 'evil doing' they happened to support vehemently. Some have been dialing their trusted guardian angels within the mainstream media and certain fairly visible alternative outlets. They need no longer worry, since these guardian angels seem to have blacked out the story, and have done so without the apparent need for much arm twisting...
UPDATE 7/11/09: NEWSWEEK reports that Holder "may be on the verge of" and "leaning toward appointing" a prosecutor to investigate Bush/Cheney-era torture. Their story notes that his initial deliberations on this matter seem to have coincided with his comments as noted above. Details on all now here...
Back in December 2007, when I wrote "Torture is Wrong, Illegal and It Doesn't Work," I mentioned that "the FBI agent who reportedly had the best chance of foiling the 9/11 plot, Ali Soufan, the only Arabic-speaking agent in New York and one of only eight in the country, and who has since resigned from the FBI, could and should tell people the truth of how the CIA's tactics were counterproductive."
Well guess what?! HE FINALLY DID SO ON WEDNESDAY! The points Soufan makes are very instructive as our country begins to unravel the differences between the fictional world of Hollywood's "Jack Bauer," and the real world dilemmas and questions of morality and legality as faced by actual intelligence and law enforcement officers.
"My Tortured Decision" is how former FBI Agent Soufan titled his New York Times op-ed, speaking out to specifically refute a number of Dick Cheney's lies about how torture "worked." The truth, according to Soufan, is quite the opposite from how Cheney continues to paint it...
What follows below is a letter I sent to AG Eric Holder last week, on behalf of VelvetRevolution.us (of which The BRAD BLOG is a co-founder), calling for his immediate investigation of all political prosecutions at the DoJ during the Bush era, including those of former Alabama Gov. Don Siegelman and Mississippi attorney/Democratic fundraiser Paul Minor. On the heels of the DoJ's dismissal of charges against Republican Sen. Ted Stevens, the DoJ needs to similarly vacate charges against anyone who was specifically targeted, for political reasons, by the Bush Admin's perversion of justice at the DoJ.
There are now well over 700 organizations and individuals, such as Robert F. Kennedy Jr., Ray McGovern and Scott Horton currently signed on to the letter, and you are invited to do so yourself via the campaign's main page at RestoreJusticeAtJustice.com. More details are over there. We hope you'll both sign on, and help spread the word.
Here is the letter to Holder, sent last week just before Minor's wife passed away, and prior to the release of the Bush regime's appalling torture memos which we will, no doubt, be dealing with in a future campaign...
It's been a bad month for Diebold (DBD), what with the findings in CA that their voting machines drop votes and their audit logs allows deletion of records; their admission that all of their voting machines fail to record ballot deletions, and that their ATMs were hacked, likely by insiders, just to point to a few of their recent embarrassing headlines.
Diebold Inc.'s chief financial officer has stepped down in the wake of a U.S. Securities and Exchange Commission investigation into possible violations of federal securities laws.
Kevin Krakora, 53, who also stepped down as executive vice president, will remain in a nonfinancial reporting capacity until the matter is resolved, Diebold said Wednesday in a filing with the SEC.
There are more details at the Dealer (though caution is advised: most of their reporting is based on statements given by Diebold, so bring plenty of grains of salt!).
That said, The BRAD BLOG broke an exclusive story, in August of 2007, concerning a mass sell-off by 10 Diebold officers who had all managed to unload hundreds of thousands of dollars' worth of stock, each on the very same day on Aug. 7th, when the share price was near an historic high. It fell quickly and preciptously thereafter (15% in the next week alone) following news of Diebold spinning off its election company into a "new company" named Premier Election Solutions.
The largest sale of stock made on that day, Aug. 7th 2007, was by Kevin Krakora, the CFO who stepped down today. He had sold $167,107 worth of stock (3,150 shares) at the near-historic high of $53.05 per share.
Diebold stock plunged in value more than 50% over the next several months, following the mass Aug. '07 selloff. It's been falling ever since, with one exception in March of 2008 when United Technologies Corp. (UTC) attempted an unsuccessful takeover of the company. The stock shot up momentarily on that news, but has been largely falling again ever since.
Shares of Diebold closed on Wednesday at $21.53, down 5.4% on the day. The last time the stock was at that bargain basement price was prior to George W. Bush's "election" (aided in part, by the way, by a Diebold tabulator in Volusia County, FL, which gave negative 16,022 votes to Al Gore --- an anomaly which has never been explained by anyone).
But if we helped in any way, you're welcome, America!
The BRAD BLOG has covered your electoral system, tirelessly, fiercely and independently for years, like no other media outlet in the nation. Please support our work, which only you help to fund, with a donation to help us continue the work so few are willing to do. If you like, we'll send you some great, award-winning election integrity documentary films in return! Details on that right here...
Federal agencies were involved in the decision to raid the office of the Association of Community Organizations for Reform Now (ACORN) in Nevada last October, just weeks before Election Day, the offices of Nevada’s Secretary of State and Attorney General say.
The allegations raise questions of whether politics played a part in the raid and calls into question assertions by the US Attorney’s office that they were uninvolved. Federal guidelines instruct agencies investigating election fraud to avoid action that might impact the elective process.
Bob Walsh, a spokesman for Nevada’s Secretary of State, and Edie Cartwright, a spokeswoman for Nevada’s Attorney General, said that not only were the Nevada US Attorney’s Office and the FBI involved in investigating Nevada ACORN on allegations of voter registration fraud but that all four agencies jointly made the decision to conduct the raid. Both the investigation and the raid were conducted as part of the joint federal-state Election Integrity Task Force announced last July, the spokespersons said.
[See update at bottom of article, for response from whistleblower in Don Siegelman case.]
Given the questions concerning whether or not Karl Rove and Harriet Miers will be required to testify under oath as part of their agreement to give "transcribed depositions under penalty of perjury" concerning the U.S. Attorney purge scandal, as announced yesterday by House Judiciary chairman John Conyers, we thought we'd seek some clarification.
We asked a senior source on the U.S. House Judiciary team whether or not taking an oath before testifying would be required, or whether the agreement requires Rove and Miers not be placed under oath. Writes our source in reply:
NO oath is required for congressional testimony. 18 USC 1001 (copied below) make it a crime to lie to congress, regardless of whether there is an oath. Penalties are the same as traditional perjury, where an oath is given (as in a court of law). There is no difference. When oaths are given in congress, it is generally for the cameras or to remind the witness of his obligations. On the latter point, the same can be accomplished by reminding about a witness's obligations under 18 usc 1001. This is a non issue.
See the copy of 18 USC, Sec. 1001, as sent by the House Judiciary source below...
Just in from Conyers' office. Rove and Miers will testify, under oath [see explanation in update below], in "transcribed depositions under penalty of perjury"...
Wednesday, March 04, 2009
House Judiciary Committee Secures Rove and Miers Testimony in U.S. Attorney Firings
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."