Bloching Justice Or Obstructing Justice?

As you may have seen by now, the FBI has executed a full blown raid on the office and home of Scott Bloch, the DOJ head of the Office of Special Counsel.

Federal Bureau of Investigation agents raided the Office of Special Counsel here, seizing computers and documents belonging to the agency chief Scott Bloch and staff.

More than a dozen FBI agents served grand jury subpoenas shortly after 10 a.m., shutting down the agency’s computer network and searching its offices, as well as Mr. Bloch’s home. Employees said the searches appeared focused on alleged obstruction of justice by Mr. Bloch during the course of an 2006 inquiry into his conduct in office.

Mr. Bloch has been under investigation himself since 2005. At the direction of the White House, the federal Office of Personnel Management’s inspector general is looking into claims that Mr. Bloch abused his investigative authority, improperly retaliated against employees or dismissed whistleblower cases without adequate examination.

You can read the original WSJ article here. The New York Times adds:

Mr. Bloch was in the news a year ago when his office began to look into political briefings given to employees of several agencies by aides to Karl Rove, who was then President Bush’s chief political adviser. The White House insisted at the time that the briefings met the definitions of allowable activities.

Mr. Bloch’s critics quickly accused him of announcing an inquiry into the Rove-inspired briefings simply to draw attention away from his own shortcomings. At the time, he was the target of a complaint filed by a group of employees who accused him of trying to dismantle his own agency, of illegally barring employees from talking to journalists and of reducing a backlog of whistle-blower complaints by simply discarding old cases.

The questions regarding this raid are just beginning, and the web of conflicts raised is absolutely endless. Here are some initial things to chew on and discuss as I delve further into the legality and propriety of this bizarre situration.

Is this Rove’s and Rachel Paulose’s attempt at revenge on Bloch for going after them? Asked by commenter Mogolori at Dkos.

Is Bloch a loyal Bushie who got pushed too far, and the Rove thing was just more than he could stomach, and he decided midstream to do the right thing? Asked offline by LHP. Decent question, but I don’t think it has my vote.

You don’t think this could distract our attention from the FISA subterfuge going on behind our backs do you?

Is the Bloch raid related to Lurita Doan firing? from Maryo2 in comments.

How the hell have they structured this investigation/prosecution as far as addressing conflicts of interest? How many ways from Sunday is this just fundamentally ethically troubling?

What, if any questions did the issuing court ask and have answered on the record before endorsing the warrants? If I had been the judge approached on this, my questions might take a week to answer there would be so many.

How much have they "sealed" in order to hide the ball on the public?

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82 replies
  1. phred says:

    Thanks for the post bmaz. I suspect the question of whether the FBI are the good guys or bad guys here depends a lot on who approved the raid at DoJ. I’m hoping that the use of grand jury subpoenas indicates that the public good is being served here, but I’m not holding my breath. As you note everyone associated with this administration is now so completely tainted by corruption, it will likely be a long time until we know whether the investigation of Bloch is another political prosecution or not.

  2. maryo2 says:

    Can’t find the source now, (somebody quick google for it in case it has been squashed but is still cached on servers – google for “Scott Bloch AOL account”), but the source said that FBI has requested access to Bloch’s AOL account.

    Why would the FBI “request” it and not get a warrant for it?

      • maryo2 says:

        Thanks, good one. I did not find anything from today saying the FBI is interested in Bloch’s AOL account. Everything I found is dated July – December 2007, so perhaps I was wrong when I thought that the FBI wanted that access today.

  3. maryo2 says:

    Not from today, but does mention Bloch’s AOL account, and might tell us why access to the AOL account is sought today.

    Friday, July 13, 2007-
    Rep. Thomas M. Davis III (R-Va.) yesterday surprised Scott J. BlochOffice of Special Counsel, by reading aloud an e-mail Bloch sent to his friends. One of those friends forwarded it to Davis, probably because Bloch criticizes Davis in it.
    …Rep. Davis told Bloch that he wanted all e-mails Bloch has sent on his AOL account since Jan. 26 that mentioned the Hatch Act, Doan, Davis, Mica or any other government official or member of Congress.
    http://whistleblowersupporter……h-osc.html

  4. bmaz says:

    Yep, this ought to put a little air in Marcy’s kilt for when she gets back. Even on the offhand chance that this is on the up and up, the propriety and ethics are so potentially complex that it is mind numbing. I started to jump right into all that for this post, and every thing I looked at or thought about generated more questions than it answered; so I finally just punted and published the basics to give everybody a dedicated forum for discussion.

    You would think that use of the grand jury modality by definition lends some degree of regularity and propriety; but, sad to say, that is not the case at all. Grand juries are not trained lawyers and jurists, they are just regular people. Quite frankly, it is often easier for an unscrupulous prosecutor to snooker and cajole a grand jury panel than it is a trained judge, so we shall see here.

    • readerOfTeaLeaves says:

      No clue, and your points are certainly weighty.

      I was willing to risk some optimism b/c of Fisher’s departure from DoJ, and Doan’s recent departure. Something’s gotta be up.

      I was kind of hoping some of the FBI agents who were lied to by Rove and Libby were in the group taking hard drives and statements today, and that their motive is in the interests of justice.

      But time will tell.

    • JTMinIA says:

      “Yep, this ought to put a little air in Marcy’s kilt….”

      Oh, I think the haggis will take care of that.

    • JimWhite says:

      Yeah, I started thinking about the different levels of conflict from reading your post and quickly got dizzy. It does make me wonder if we are finally seeing the circular firing squad work over on the dark side. It’s been an exclusive on our side for so long that it’s almost hard to see it when it pops up over there.

      • Petrocelli says:

        IANAL but I see it as a circular firing squad designed to impede further investigations and run out the clock, can’t wait for Marcy to chime in …

    • phred says:

      You would think that use of the grand jury modality by definition lends some degree of regularity and propriety; but, sad to say, that is not the case at all.

      Dang it. I was hoping… But this along with maryo2’s reminder of the Davis connection leaves me with a bad feeling about this… I don’t trust Davis any more than Rove.

  5. Funnydiva2002 says:

    “bizarre situration”? /proofreader hat

    back to read. TIA to all the great commenters here. I plan to learn a lot!

    FunnyD

  6. WilliamOckham says:

    I was trying to draw up a diagram of all the investigation connections, but I gave up:

    The IG at OPM was investigating Bloch at the request of the WH. Bloch was investigating Doan at GSA, Rove at the WH, and Gonzales, et. al. at the DOJ. Doan was pushing apparently bogus complaints against the GSA IG. The IG at DOJ told Bloch to back off on his investigation…

    • bmaz says:

      Glad it wasn’t just me. I literally had to just put it down and publish the basics here, or there would have been no post until who knows when today. I will get back at it after a couple of errands and an airport pick up call I have this afternoon.

      For all those jonesing for some Marcy input, here is just enough to drive you batty. First off, she is shamelessly demanding credit for this as “another resignation” while she is away; and notes that it is a “little weird” that this occurs within a week of Crumbling Cookie Doan.

  7. maryo2 says:

    http://www.federalnewsradio.co…..038;page=2

    Doan in radio interview May 2, 2008 – “So my best guess is that I was asked to resign because, specifically, I refused to back down on my support for the four whistleblowers at GSA that came forward. They came forward with allegations of retaliation, intimidation, falsification of records, and destruction of evidence by the GSA IG Brian Miller, and no one has spoken to them. It has been almost eight months. And I thought, I still think, that those whistleblowers deserve to be heard. Especially since many of those allegations are the very same sort of complaints that I had heard from our top GSA schedule holders, from GSA management, and more importantly from the rank and file of the GSA career contracting officers.

    I guess the straw that broke the camel’s back was when, just two days before, I sent yet another letter to Senator (Charles) Grassley (R-IA, and ranking member of the Senate Committee on Finance) and the PCIE, which is the President’s Council on Integrity and Efficiency, requesting that they make sure that the whistleblowers get heard. Because even though it’s been in the media, and even though the GSA IG Brian Miller has implied that he was cleared of the allegations, that is just not true. There were actually four other charges that have never been investigated.”

    • maryo2 says:

      GSA employees having the same complaints that “top GSA schedule holders” have is odd.

      Also, the GSA employees who are complaining are apparently not members of “the rank and file of the GSA career contracting officers” which means they are Bush appointees.

      The only thing Bush appointees and top GSA schedule holders have in common is a desire for less oversight in the awarding of contracts (or the rewarding of GOP faithful). So what does that have to do with Bloch?

    • behindthefall says:

      Do I understand this? Doan is accused/suspected of violating the Hatch Act (fairly blatantly, as I recall), and yet she also is one of the good guys trying to get attention paid to whistleblowers? What’s going on here?

  8. PetePierce says:

    Is this Rove’s and Rachel Paulose’s attempt at revenge on Bloch for going after them? Asked by commenter Mogolori at Dkos.

    Hell yes. And Tom Davis, Va-11th has been making threats against Bloch from his seat as Ranking Minority member for months after Bloch began investigating Bush, Rove and Hatch Witch Laurita Doan.

    From Tons Piles of Muck(raker:

    To refresh your memory, Bloch’s agency is a little known one that is charged with investigating whistleblower complaints, Hatch Act violations, and the like — but who is himself being investigated for retaliating against whistleblowers and politicizing his office. The Office of Personnel Management’s inspector general has been conducting that investigation since 2005. The feds are apparently investigating whether Bloch tried to obstruct that investigation by deleting his hard drive, among other things.

    To give you an idea how fraught this investigation is with unique issues, Bloch is not only busily investigating the White House for political briefings Karl Rove and his aides made to various agencies, but he’s also conducting an investigation of the politicization at the Department of Justice and issues related to the U.S. Attorney firings — a probe that he complained was being blocked by the DoJ. Of course, he can’t do much to block the DoJ investigation of him.

    Update: NPR, also reporting on the raid, reports that the entire’s office email system was shut down this morning.

    This is pretty simple to me. DOJ is a tool that Bushco wields consistently like a hatchet to protect themselves. It’s going to continue. The Democrats are absolutely feckless and powerless to do a damn thing about it. DOJ at the Main Justice level in DC is a fucking wreck–and every agency in it is malfunctioning globally.

    Conyers can subpoena until the cows come home. His investigations all have the same bottom line. Nada/Zip/Zilch happens. Same with SJC.

    And Sheldon Whitehouse can cluck and cluck and cluck–when the chips are down Sheldon ain’t doin’ notin’ ’bout notin’–see FISA cavein.

    No one in the administration has any respect for the subpoenas of any Democratic chaired committee–that’d be all of ‘em at the moment. Five gets you ten that Addington will blow off his freshly minted Conyers subpoena.

    Besides the Democrats allowing one of their candidates to implode their candidacy and give the election to McCain in the next few months, look for more and more DOJ witchhunts courtesy of the Bush administration.

    DOJ is being run by the West Wing, and Judge Mukasey is a feckless, shameless piece of crap puppet.

    You’re getting the Democracy you deserve. Open another six pack America and cluck about Milley Cyrus.

    How the hell have they structured this investigation/prosecution as far as addressing conflicts of interest? How many ways from Sunday is this just fundamentally ethically troubling

    Hello! This DOJ is congenitally devoid of appreciating or giving a damn about “conflicts of interest.” They absolutely don’t exist for them.

    Think Alice Fisher. Think Gonzales. Let’s see now Gonzales carefully parsing conflicts of interst–*g* are you kidding me?

    This is just biz as usual. With completely weak Democrats get used to it for a long time. And if they don’t get their act together and by that I mean the DNC Rules Committee, get used to bitching about President McCain because I’m being told by blacks right and left they are geared up to shut down if this election is stolen.

    • al75 says:

      Slightly off topic, but yes – Dem passivity is just as potent a poison as GOP subversion of the law. Look how many of the Iraq-group neocons graduated from Iran-Contra under Reagan & HW Bush. The same m.o. – violence, greed, and utter contempt for the law.

      The then-Dem controlled congress took steps that seemed designed to scuttle the investigation then, among them granting immunity to Ollie North for a softball public hearing in uniform that made North a hero to the whackjob right, and paralyzed efforts to prosecute him. Lawrence Walsh, the special prosecutor, acknowledged he had failed to bring gross violations of constitutional law to account. And of course HW Bush handed out pardons.

      The failure to prosecute iran contra allowed the militarist, .anti-constitutional cancer to grow.

      We’re seeing the same thing now.

      • readerOfTeaLeaves says:

        It’s possible that you are correct.

        But re-read Wm Ockham at 13, then go to the previous thread and read what MadDogs is analyzing. Consider the sheer magnitude of what they are reviewing and summarizing; then consider how many people it affects.

        Too many people have seen too much shit go down; there’s good reason to suspect that the net rounding up these loons is starting to tighten.

        • al75 says:

          Right – I read them, esp MadDog in previous. The net is tightening – but will it hold?

          They already seem to have systematically trashed the WH computer system, and stand in naked defiance of a judge and congress? What won’t these peckerwoods do if they see the prospect of orange jumpsuits ahead? And – will Katie Couric notice?

        • bmaz says:

          will Katie Couric notice?

          Eh, no. The CBS “Great Eye On The News” of Fred Friendly has been suffering from progressive macular degeneration for a long time now; with Couric, cataracts have set in too.

    • darclay says:

      Untill Conyers arrests Miers and all the rest of the supponeaed crooks then nothing is going to happen. Joe Scarborough said this morning on his show that it was going to be a blood bath come Genearal election. Only if the worms in the Democratic party don’t get off their asses and really do something.

      • PetePierce says:

        Here here! I’m definitely in your corner. How do we get these worms off their asses. I’ve been researching effective off your ass measures for the Dems in Congress for years.

  9. FrankProbst says:

    IANAL but I see it as a circular firing squad designed to impede further investigations and run out the clock, can’t wait for Marcy to chime in …

    Hmm. That’s a very dangerous way to do it. Anything seized becomes evidence, and it can be hard to make evidence disappear once it’s been seized.

  10. pdaly says:

    I don’t understand how many hands normally would have a hand in the pie to allow such a raid to go forward. If the raid were politically embarrassing to the administration, I’m sure the number of hands would be plenty to throw wrenches into the process.

    So if instead the raid goes ahead (was there any Judy Run Amok article in the NYT warning of the raid?), then this seems to be green lighted by the administration–including hiding in the presidential library wastebin archives any seized records derogatory to the administration.

    What does Fox News say? What channel are they on in Boston? *g*

  11. PetePierce says:

    I wonder how long it’s going to take bright legally sophisticated people to realize that while historically DOJ has conducted vendettas, there is a massive hijacking of DOJ by this administration to do whatever the hell it wants.

    There is no significant effort by Democrats to counter this, just as there has been no significant efforts by Democrats to counter the fiasco in Iraq.

    Hey hey hey–there may be a quasi-real estate banking depression in the U.S., but in Iraq where everything is going smoothly, including the Dover coffin business, there are plans afoot for a massive multi billion dollar project in the Green Zone. That’s going to stabilize things for 100 years more in Iraq fer sure.

  12. prostratedragon says:

    MIght Bloch have been acting as someone’s shadow in the Rove matter? See what could be found out? Then this little inconvenience to make sure he stays on the path.

  13. al75 says:

    Who is Scott Bloch? Perhaps his background can shed some light on what’s going on? Here’s what I’ve been able to dig up. This may be familiar to you all:

    From today’s WaPo:

    Bloch assumed office in January 2004 for a five-year term. Before taking the job, he served as deputy director and counsel to the Justice Department’s Task Force for Faith-based and Community Initiatives.

    From his official OSC bio:

    Before serving in the Justice Department, he was a partner with Stevens & Brand, LLP, of Lawrence, Kansas, where he practiced in the areas of civil rights law, employment law, and legal ethics. Mr. Bloch tried jury trials before state and federal courts, representing employees and employers in cases involving whistleblower and other retaliation claims, as well as civil rights claims. He worked on important cases that set precedents in the field of legal ethics, including a ground-breaking Texas case that changed the way plaintiffs’ lawyers handle mass tort cases.

    From Wikipedia:

    Bloch’s first major actions as head of the office were to choose as deputy a lawyer who had publicly taken a position against the “homosexual agenda”, and to hire young lawyers from Ave Maria School of Law, the Catholic school founded by Domino’s Pizza billionaire Tom Monaghan.[2] In February 2004, Bloch ordered all mention of sexual orientation workplace nondiscrimination be removed from OSC’s website and printed materials. Bloch stated his office lacked the authority to ban discrimination on the basis of sexual orientation

    …In January 2005, the controversy escalated when Bloch ordered twelve OSC staffers, including the only two known gay employees, to transfer to distant cities or lose their jobs. [14] Bloch was accused of conducting a political purge of OSC employees by three government watchdog groups (the Government Accountability Project, the Project on Government Oversight, and Public Employees for Environmental Responsibility), two federal trade unions (the American Federation of Government Employees and the National Treasury Employees Union), an LGBT rights organization (the Human Rights Campaign), and the OSC employees themselves.

    From Mother Jones in 2007

    It appears that the OSC’s probe will go well beyond the prosecutor firings, delving into the broader issue of the politicization of federal agencies at the hands of the White House. Among the things OSC investigators will be looking into is a PowerPoint presentation delivered to political appointees …(by) Lurita Doan … “I really think something inappropriate took place with the GSA administrator and some high level folks there,” the OSC investigator said. “And it sounds like this might have happened at other agencies.”

    Putting it all together, I’m inclined to speculate that Bloch isn’t a Bush hack. Rather, he seems to be a hard-boiled Latin-Mass Catholic homophobe, (the Ave Maria connection) who fought dirty against his own staff to stuff gay rights – because he thinks this is what God wants. The kind of Catholic who believes in the martyrs and all the rest of it.

    He may have been angry and alienated when Bush admin forced him to recognize that antidiscrimination law does cover sexual orientation.

    Whether my attempted mind-reading is correct or not can be tested:

    Does anyone know what that Texas ethics case was? That could tell us alot about how this guy thinks.

  14. LabDancer says:

    To my mind this is a predictable consequence, along the lines as what resulted in the invention of dynamite, or the Oklahoma bombing, & in this case by combining an aged, embittered, twisted Dick Cheney & combining it with an unrequited George Walter Bush & enflaming the volatile mixture with unfettered power. I state this notwithstanding it may reveal me as having fallen prey to combined fixation with conspiracy theory.

    FIRST ELEMENT: FROM THE CHENEY DNA: EVERYONE GETS BURNED – EXCEPT THOSE ABLE TO CRAWL INSIDE THE PRESIDUNTIAL FIRESUIT

    To my mind the capacity for survival of Steven Hadley as ubiquitous “senior administration official familiar with the decision making process, who made it clear that revealing his identity may imperil ongoing talks with” whoever, and all the variations on that theme, reveal that the conduct of every other person in the Bush-Cheney administration is held to his impossible standard.

    “Impossible” in the sense that while it is just as tinged with hubris as anyone else, just as Cheney [& by extension Addington] is permanently stationed by one ear of this presidunt [sic], Hadley [supposed as surrogate to Rice but in fact more prominent given his seniority there pre-dates anyone else in the White House, and in any event there by virtue of his determination to devise all his positions so as to avoid conflict with the OVP] is perched by the other.

    The value in this positioning cannot be overstated with a chief executive who does not read & does not seek to think for himself, but spends his waking hours in a constant state of being batted from one executive “decision” on to another, with his COS acting as on-site minder interspersing the numerous obligatory ceremonies accompanying the putting of his X to those politically expedient executive orders designed to feed the Base & voluntary ceremonial framings with the winners of sporting events, with snippets where his eyes & ears are brought to bear on making the call reserved for his office between simplistically framed horrible Option A & elaborately supported strategic Option B, with the “unwritten” premise being whispered into one or the other of his ears.

    “Impossible” that is in sense that without that pre-emptive & post-consequences access to spin this most distractable of presidunts on his pointy head, the head attached to the spinner inevitably will roll: because in this most consciously distracting of all American national administrations the easiest means to deflect questions is to make out a straw man to burn in effigy – as we have seen even with those who themselves felt entitled to rely on the particular favors of the Son King, like Gonzales, like Rove, like Rumsfeld, like Miers.

    SECOND ELEMENT: FROM THE GWB DNA: HUBRIS

    From the ancient Greek, deriving from molesting of corpses & humiliation of captives, employed by the ancient Athenians to capture the horrors of what was then considered the ultimate sin, inevitably associated with the doing of violence to the social fabric in acting to shame & humiliate one’s actual & supposed opponents to enhance one’s self-esteem & appearance of superiority.

    Though all forms of human government are characterized by it to some extent, no other national administration in US history as the current one is so marked by it, not at all coincidentally because no other concept so captures the essence of the personality of its leader.

    If memory served, it was Ron Suskind who first widely reported an incident from the college days of George W Bush in which he asserted the hegemony of his fraternity’s basketball team by deliberately fouling his counterpart with total disregard for whether he caused serious injury in savaging cutting him down under a basket, and then stood looming over his shocked opponent & made clear his intentions to really turn things ugly at the slightest sign of continued resistance.

    THIRD ELEMENT: FROM THE ADDINGTON DNA: NO CONSEQUENCES

    Having spent more hours than I would care to admit, lest I risk admission into an institution of enforced rest, on the question of how might the last remaining assignment to Chief Counsel Addington seek to use the Presidential Pardon Power to immunize such a large number of persons who expect it & feel they can count on it to ensure their continuing silence [It’s far beyond a mere Hillarian village; its an entire Bushie Nation], from time to time I find myself dwelling in consideration of the impressive number of efforts to date, many still ongoing, to provide something less sweepingly legal but nonetheless practical in the way of immunity.

    EG the ongoing deliberate avoidance of a paper trail, destruction of paper records, deliberate misfiling & mis-storage & negligent storage & destruction of electronic records

    EG the ongoing process of turning procedural rules for example those governing the business of the Senate into walls of stone

    EG the ongoing deliberate perversion of Congressional oversight powers

    EG government agencies operating with no or merely nominal regard for US laws

    No less than others I have been struck by the coincidence of the resume & demeanor of Scott Bloch being that of the quintessential loyal Bushie. No less than others it has occurred to me that his role in the Bush-Cheney administration seemed rather obviously to absorb each & every executive agency sin as it came in view to Congress & the American public, vacuum up all the evidence, give the appearance of having submitted to autopsy in examining every aspect of it under a microscope like so many frozen sections, while his betters much closer to the presidunt decided which straw man should be offered in sacrifice to get on with business, then emerge as needed to pronounce that it would have been appropriate for the presidunt to have disciplined government personage X, but for the fact that X just happened to have resigned the month before, then reporting that unfortunately all the evidence had been irretrievably compromised in the examination or mis-stored & rendered forever unusable or even recoverable.

    ELEMENT FOUR: FROM THE FORCES OF NATURE: THE INEVITABLE DEGRADATION

    That is: inevitably human constructs emade from corrupt premises deteriorate towards transparency & the asinine types typically assigned to carry them out towards being revealed as ass-clowns.

    THE CONSEQUENT COMPOUND: PARANOIA

    But for the fall of the house of Romanov, I think it would have been fair to expect even Rasputin might have survived to die of natural consequences. However, such ass-clowns as Bloch are never granted access to such a fate, but always torn apart by the mob in the universal dismissal which accompanies the downfall of complete failures.

    The FBI raids suggest to me that Bloch [who to me bears an uncanny resemblance to Seth MacFarlane’s Peter Griffin on The Family Guy, from whose maw comes such ennobling observations as: “Have you ever sat on your arm until it fall asleep & then played with yourself & pretended someone else was doin’ it?”] has failed to instil in the mob bosses in the White House the requisite confidence that he has arranged for the destruction of all possibly incriminating evidence.

    But then, who could?

    THE HISTORICAL CONTEXT: THE COMING UNPLEASANTNESS

    Recently GWB achieved special status among US presidential historians in opening up a rather impressive lead over the 15th POTUS James Buchanan as “worst ever”. What is particularly remarkable about that distinction is that as late as 2006 the membership of the same academy voted his signal achievement as being the “Worst Presidential Mistake Ever Made”, which suggests that in less than 2 years the Mistake in Mesopotamia may well have overtaken it.

    I must say, having spent some time reading on Buchanan’s life &, dare I say, “legacy” [It’s difficult to credit the greatest “Do Nothing” chief executive with having such a thing.], it seems clear that he is main beneficiary of the GWB legacy, as he himself anticipated on the day preceding his last in asserting: “History will vindicate my memory.”

    Given the deaths of over 600,000 combatants & that almost as many suffered grievous wounds, & that many more than those numbers civilians were killed or died of starvation & neglect, in the Civil War which Buchanan is credited in doing his best nothing to forestall, that must have seemed quite an astounding assertion in those times. But even such a miserable excuse for procrastination & unconscionable forbearance as he has his likeness cast in bronze over granite framed by figures representing the tactfulness of diplomacy & the equanimity of law, and a plaque bearing a quotation in tribute from his very own Stephen Hadley, the redoubtable Jeremiah [ha!] Black, a lawyer & jurist [although a failed nominee for the SCOTUS] whose powers of persuasion continued on to persuade the first President Johnson into the policies which led to his impeachment, most notably in Johnson’s very own Katrina, the veto’ing of Congress’ bill providing for the Reconstruction of the Southland, and thereafter specialized in representing the impeached, starting with Johnson.

    The words on the plaque read: “The incorruptible statesman whose walk was upon the mountain ranges of the law.”

    The statue was the second, & presumably last, tribute to Buchanan, with the first being a bunker-like stone pyramid laid down in a park in his birthplace near Cove Gap, Pennsylvania, the Buchanan family compound being known as Stony Batter, located in what is now a remote & pretty much forgotten corner of the state.

    All in all, it suggests a daunting outlook for the next decade or so in our history.

    • readerOfTeaLeaves says:

      Always a pleasure to read your insights, LD; including perhaps the best definition of ‘hubris’ I’ve come across.

      Qu: If ‘everyone gets burned who’s not in a presidential firesuit‘, then aren’t the assclowns and related paranoids headed for a derailing? As the ‘ volatile mixture’ of Bush (and/or) Cheney seek to fight off legal charges, they’ll throw anyone under the bus. And the more bitter, twisted, and fearful they become, the faster the bodies will tumble.

      I agree that these fools **want to believe** they’ve destroyed all evidence. Which is why signs of increasing paranoia over the possibility of forensically recovered files, or backed up emails, is making Bush and Cheney both look a little too ‘out, damn spot!‘ these days. Their paranoia will make them drive daggers into the hearts of their own shadows, although it seems to be playing out in slo-mo.

      (Clearly, Iran is the current stand-in for their own shadows; at present, Congress appears blind to this dynamic — to its everlasting shame. But I digress….)

      Also agree that BushCheney and their Once And Former Minions invited disaster, beguiled when it arrived all tarted up as a Tremendous Opportunity and swooning to offer it their best sherry.

      But they seem to be increasingly anxious that somehow, somewhere, someone has failed to property destroy the evidence’ of one or another of their orgies of powerlust. Their behavior is increasingly erratic as their psychological vertigo increases with their paranoia. (mwhahahahaha…!)

      Your point that they’ve likely lost faith in Bloch’s ability to intimidate government employees, guarantee that deleted or damaged files won’t be investigated, affect DoJ investigations, and otherwise keep the curtain firmly in place across the stage of their pathetic kabuki is enlightening. Their loss of faith in Bloch would prompt BushCheney to throw him under the bus — probably spectacularly (as an example to others who see November looming).

      Their efforts to (secretly) revise laws so that they are ‘not liable’ for complicity in money laundering, torture, and deceit is the kind of behavior one would expect from sociopaths and/or fools. Sometimes, the Bush administration is simply too evocative of (the Coen Brothers movie) “Fargo” for comfort — it’s emotionally taxing to suspect that the ‘highest elected officials’ and their minions really are this scared and stupid.

      Maybe Bloch should count his blessings that the WH doesn’t have a wood chipper on site.

      Sorry to make such disgusting remarks, but your description really forced a sort of clarity that I generally only get watching a Coen Brothers movie.
      Not pleasant.
      But there you have it.

  15. Mary says:

    I’m going to wait a bit to place any expectations on ‘teh raid’

    Bloch had all kinds of complaints for a long time. Finally, he was put under investigation in 05. A whole year later, 06, he gets his drives wiped. Not until NOv of 07 does that come to light – but then it is reported WIDELY. A full 6 months later (3 years after the investigations start, almost two years after he has his computers cleaned, and a half a year after a bazillion reports of the computers incident) he is “raided”

    Good thing he didn’t have time to hide anything.

    I think people are doing what they can to set up situations so things can be called “closed” by the end of the Bush Admin (uh – we looked at that, couldn’t find anything)
    or work out ridiculous accomodations (hey, so you looked the other way while an enemy general who turned himself over was routinely taken out and tortured, then when he was returned, you’d go up, have some coffee and torture him yourself, beat on him some, suffocate him in a sleeping bag some – – then he dies a torture death – hey, bro, what about like a 60 day ankle bracelet sentence – that good with u?)
    or set up the factual basis for Bush to look like it was something “independent” instead of his personal knowledge and participation that gave hime the info needed for his pardons.

    There may be some sniping, but I think until Bush has no pardon power left, the firing squad won’t get all that circular.

  16. PetePierce says:

    It’s fantastic that Bush DOJ is on top of any alleged irregularities in Bloch’s HDs and Bloch’s emails, and it makes me proud that the White House has been a paragon in the exemplary preservation of emails and their backups and comporting with existing code sections on White House computer conduct.

  17. yonodeler says:

    The cynic might suggest that the FBI is fully cognizant that a change of administration is coming soon, and that moving aggressively sooner rather than later is better in more ways than one.

    • PetePierce says:

      Considering that the Sopranoesque FBI is going to be shaken up, and that one of the biggest criminals in this country Mueller will be gone, they’re trying to get in as many licks as they can.

      I still want the thousands of laptops and automatics returned to the taxpayers that the DOJsters and FBIsters stoll.

      Mueller has broken so many laws during his stint at FBI and lamely offered “shoops we didn’t mean to fuck up” as his excuses he may have set a record.

  18. Quzi says:

    Bmaz, thank you for the post. I read this story elsewhere and b-lined over to EW’s place. The more I read — the more it smells extremely fishy to me. But as others have said, the web is so intricate that it makes one’s head spin — it’s sooo Bushie.

  19. PetePierce says:

    Speaking of DOJ, and great segueways, in the town where Fitz lives the White Sox have a no hitter going in the 7th inning.

  20. klynn says:

    If Bloch was on to something, I hope he was smart enough to have handed off copies of files to someone to protect and reveal.

  21. bobschacht says:

    The cute thing about all this seems to be that not all of the criminals are on the same team. Mueller is no saint, but he does not seem to be entirely on the same team as Bush & Cheney (Per Comey’s account of the Ashcroft incident). Bloch evidently is not on the Bush-Cheney team now, although he might once have been. Anyone got info on Bloch’s relationship with Mueller?

    Then again we have team CIA, which seems to have been engaged in CYA action against Bush & Cheney re: Torture authorization.

    Are the fissures beginning to appear in the monolithic face of the dam?
    (He said, hopefully)

    Bob in HI

  22. JThomason says:

    So in all of this Addington did not in fact testify today. Office of the VP floats the story then qualifies. Creates the meme that he is cooperative. Typical bait and switch.

    O/T (In this case “on topic”)if this were about a personal foible why would twenty agents arrive and the Dallas office be raided too?

    Is there any suggestion of where the grand jury is seated and the name of the prosecutor?

    • PetePierce says:

      Where was Addington scheduled to testify today? He was subpoenaed this morning by House Judiciary and their subpoenas are a yawn. No one close to the West Wing ever shows up, after Conyers takes 25 years to subpoena themAddington will invoke Exec Privluggggge and he ain’t goin before any committee.

      The people who do show up say absolutely nothing. I’d look for Yoo and Feith to be about as substantive and revealing as Monica Goodling. When Ashcroft testifies he’ll simply say he was an exemplary public servant and following the letter of the law. You’ll get nothing from them.

      I would not expect to see Addington testify anywhere.

      • JThomason says:

        Oh there were rumblings last week that Addington made a statement that he would testify before the HJC and that would happen today. Maybe I read it wrong. Maybe it was just about the issuing of the subpoena.

        • PetePierce says:

          To me, Addington is very much at the center of 65% of the issues EW has posted about. I have mixed emotions if he were to comply with the subpoena. I would love to see him grilled, but I would expect a considerably more nuanced type of stonewall that we saw in the pathetic performances of Gonzales.

          I’m betting he claims Exec Privilege but time will tell.

        • JThomason says:

          Well if I remember correctly, our hostess has mentioned more than once her surprise at Addington’s frankness in the Libby matter. Nevertheless, point taken as to nuance.

        • PetePierce says:

          In my experience Sodium Pentathol is over-rated. I’ve never seen it work clinically well despite all the truth serum junk in movies and TV.

          But if there were a way, I’d love to be able to inject whatever would make Addington talk about the many many illegal situations I think he has been key in engineering, including what they have not revealed about Cheney, Addington, and Bush being key in the Plame leak.

        • JThomason says:

          Remember, if I have it right, Addington was instrumental in building the case concerning Libby’s state of mind when he testified Libby cornered him in an office closet and ask him about criminal exposure with respect to revealing classified information.

  23. JThomason says:

    More on the Bloch raid:

    Agents also asked for files from a now-closed investigation into the travel of then-national security adviser Condoleezza Rice before the 2004 election, according to a person who saw the search warrants and subpoenas.

    Washington Post.

  24. JThomason says:

    More details:

    Investigators also sought credit card receipts, an agency employee said. Some staff members had complained that Bloch used agency funds to buy for his office restroom $400 hand towels decorated with a special OSC seal, according to another person familiar with the raid.

    and this:

    The head of the office of special counsel is appointed for a five-year term, and unlike the leaders of other federal agencies can be removed by the president only for a cause such as inefficiency or abuse of power. Those protections were designed to insulate the OSC from political pressure by officials it investigates.

    Washington Post.

  25. JThomason says:

    One more detail. It appears this raid was coordinated between the FBI and and OPM IG.

    Additionally:

    The files that the FBI wants to see include documents relating to the special counsel’s investigation of Lurita Alexis Doan, who resigned last week as head of the General Services Administration, according to a source who has seen the subpoenas.

    Washington Post.

  26. PetePierce says:

    I don’t want to be banal and trite, but I guess I am. I consider Addington Cheney’s Cheney,(lots of other people have said this, including WaPo) and Scooter’s Cheney.

  27. JThomason says:

    I am not trying to defend Addington and I see what you are saying. I wouldn’t want to be spending any time in an office closet with Libby, Cheney or Addington.

    • PetePierce says:

      I understand and appreciate every point you were making. I fully confess to being 100% paranoid given everything I’ve read about Addington.

      The minute I found out I could get a book EW wrote on the Libby/Plame situation I literally rushed out to get it. I’ve learned much about the mystical milieu where Cheney and Addington operate here and the many sinister areas where they move and shake.

      I often wonder 20 years from now hoe much we will really know about so many issues that Cheney, and Addington have shaped and driven during the past seven years.

      • JThomason says:

        Final thought and then I am off to the land of nod. The OSC as it is structured and authorized legislatively is a challenge to the premises of the Unitary Executive. This is the fundamental distinguishing fact that suggests the raid is about more than wash room towels, erasing a hard drive or two, or transferring employees from DC to Detroit. So in this respect Addington is suggested, in his single minded advocacy of UE approaches, in the context of today’s FBI search and seizure.

        And I expect the methods of Addington’s analysis that have created doctrines furthering the theory of the Unitary Executive through nuanced movements of opinion truly unsupported in precedent is beginning to emerge as a pattern. We see in Yoo’s memo the speaking of organ failure and death in defining torture by misrepresenting medical statutory language. We see in the memo that introduces the concept of “motive” in suggesting exonerating factors in analyzing torture where “motive” has never been a facet of prima facie criminal law. And these approaches have the fingerprints of Addington all over them. This particular method of the Cheney/Addington team has been an attempt to move the law to suit the aims of economic intimidation and arbitrary personal power which in many ways remains unchecked using these subtle trops of introjecting elements into legal analysis that are fundamentally extra-judicial, lacking statutory basis and which misinterpret case law by failing to acknowledge interstiality or indeterminacy. This is a way of life for them. It is essentially chiseling, thats what I would call it. And its incongruences and intentions are not properly called law. Its really a kind of sophistry.

        And by the way, the more that I think about it, I do see a kind of Rovian subtext in the OSC situation where one uses the constructs of one’s own vulnerability to strike first against an adversary. Back when I didn’t know any better I would call it a Sartrean mirror game.

        • PetePierce says:

          Well written. When I began to see those whacky and crude definitions of torture as “organ failure” I saw an amalgam of beyond good and evil, real naivite as to whether valid information would come from people who are being tortured, and to me a clear loss of a grip on reality.

          The people doing the torturing would be the least equiped to assess “organ failure” and in many people achieving organ failure would also achieve a situation where they were too septic and too comatose to talk.

          People interrogating individuals pushing towards an envelop that would include “organ failure” and talking about it as if there were some clearly deliniated legal benchmarks as they moved in that direction that could be stopped efficiently on a dime (as if they would know clinically critical situations when they saw them or be equipped to handle them) is about as surreal and absurd as it gets.

        • skdadl says:

          and which misinterpret case law by failing to acknowledge interstiality or indeterminacy

          This interests me and I think I almost grasp it but not quite. Could one of the lawyers explain it to me so that I could put it into my own words?

        • JThomason says:

          Case law is fact specific and applied to a new sets of facts only by analogy. The distinctions in the underlying factual situations where there are questions as to the general application of a rule create what I was calling interstitiality (I think I spelled it right this time)or indeterminacy.

          These areas in an honest legal process invite acknowledgment and judiciousness. When they are filled unacknowledged by advocacy a disservice to the process of the creation of a judicial opinion is done. Fundamentally as a matter of process then, this is why governmental counsel really can’t fairly determine law.

          So for example there may be a case that acknowledges some kind of executive authority and oversight in an executive agency in a particular fact situation. The chiseling sophistry I was referring to holds the case to stand for a universal principle of a unitary executive without acknowledging differences in sundry factual situations, constitutional restraints or other factors of judgment that are relevant. It fails to acknowledge that the process of creating judicial precedent is deliberative and not declaratory and confuses techniques of advocacy, shoddy as they may be in the instances we are examining in failing to honestly acknowledge the problem, with judicious decision making. And by “judicious decision making” I mean a decision making process that avails itself of the sharpening aspects of representation by argument in real controversy.

          And this is where the attention to nuance becomes so important because the insertion of new concepts of law by advocacy can be done by a straight forward acknowledgment of a question or issue or by the slight of hand of inserting interest based conclusions often even under the cover indeterminacy. This is apparently what Yoo did in adopting the the statutory definition applicable to interrogation techniques which included “organ failure”. He recognized a void, claimed a statutory solution, then failed to apply the statute accurately and fully, conveniently ignoring the portions that created a reasonable person standard to the notion of “severe pain.”

          Because the conclusion was not tested in the cauldron of adversarial argument, this rhetorical slight of hand stands unchallenged. And as it stands, emerging of “executive opinion” as it were, it amounts to nothing more than the creation of a standard by edict.

        • JThomason says:

          This could be better said:

          This is apparently what Yoo did in adopting the the statutory definition applicable to interrogation techniques which included “organ failure”.

          The point is Yoo adopted a statutory definition relevant to standards in medical matters and applied it in creating his definition of what is permitted in interrogation techniques.

        • JThomason says:

          My writing can be unfinished, sorry.

          This:

          …inserting interest based conclusions often even under the cover indeterminacy.

          should be:

          …inserting interest based conclusions often even under the cover of indeterminacy.

  28. prostratedragon says:

    Letter from Prof. J. Bradford DeLong to Prof. William Drummond, Chairman of Faculty Senate, University of California (Berkeley) in the matter of Prof. John Yoo, etc.

    If you’re a member of the Berkely community, Brad invites you to get in touch with him, email at site.

  29. BayStateLibrul says:

    Yippee. Finally, we can move on.
    I was for Edwards, then Dodd, then Hill, now Obama.
    No “knock out” punch, but a dagger to the heart.
    Maybe MSNBC can let loose with Shuster and focus on the insidious
    corruption of Bush/Cheney.
    Bury the hatchet, bury those fucking Repugs who have stolen my America.

  30. masaccio says:

    The response of Dean Edley to DeLong’s letter is that formation of the committee to investigate and report would itself be defamatory. Shades of Bush v. Gore.

  31. Synoia says:

    Confusing.

    1. They are all did nothing wrong, and served their country with their best efforts

    2. They all did something wrong, they all know it, and the first to crack will being down the others.

    Hmm…what to choose. I choose (2). With a race amongst them to become the first to get relief from cooperating first…and, I predict a significant number of “suicides”.

  32. Anna says:

    Bmaz do the courts always “seal” to keep it from the public eye? When is “sealed” appropriate? from a rookie

    Did anyone see Colbert’s piece on Karl Rove last night?
    http://www.indecision2008.com/…..oId=167585

    Can anyone explain how Rove is still able to fill our air waves with his poison? Why did Fitz let him off the spit?

    • bmaz says:

      If you are intent on peddling that BS, please do it somewhere else. There is a reason you are appearing at the greater FDL community under your third or fourth alias, the previous ones became persona non grata. Please don’t try our patience further or it may happen again.

  33. sojourner says:

    These people all make me paranoid, and a nasty thought crossed my mind this morning on the way to work. Is it possible, even remotely, that there is some vague language that they want to get passed in the FISA legislation that would also absolve them of any crimes relating to their failures to backup or preserve emails and other documents…

    • bmaz says:

      I don’t know about in FISA, but i would not be surprised to see several different little immunity things like that be attempted. Why not, they have been pretty successful at it so far; getting absolution for international war crimes is a pretty slick act.

    • readerOfTeaLeaves says:

      Wow. This sounds like a BushCheney Favorite Flavor of Sinister:

      “…some vague language that they want to get passed in the FISA legislation that would also absolve them of any crimes relating to their failures to backup or preserve emails and other documents…”

  34. JohnLopresti says:

    It seems several above writers are versed in Bloch’s management record. A fairly complete timeslice view of his work and history is available in a 2007 WaPo article there. It sounds like a retrogressive sort of leadership.

    Although I share the kind of trust some folks are expressing that Fbi might unearth ample evidence in an effort to watch the watchdog, there seems to be a risk, as well, that the administration’s central committee planners are looking for ways to quarantine information before it becomes scandal. Maybe it is only patronage doing what it always does as impending elections hasten the pace of plum bestowals. Since the congress’ extravagant pursuit of all defects of the prior Democratic party president, and congress’ bipartisan relief in the aftermath of that ordeal in letting the IC statute sunset, the SC is the a key remaining bulwark of pseudoimpartiality. Kyl has stepped forth to keep congress from strengthening the IG construct in DoJ. But the depoliticization of many offices after Bush’s act ends will be a chore.

    Typical of the Bushco m.o. is this, OT, effort underway in Bloch’s former homestate, to build bombs [300KB] while waiving much of the EIR process. A parallel effort to avoid NEPA is occurring in NM, where one enterprising person has developed a marvelesque comic book style pamphlet enumerating the ways the Bush DOE is attempting to create more nuclear bomb grade fissile material in facilities that were formerly solely r+d, and on inertial timelines that would skip the entire ability of a 4-year presidential term to reverse, though the persistent reader will find the explicit text of the violations and shortcuts inside the graphics there[344KB].

    Looking at the present political energy turbulence of the current administration from yet another perspective, though equally environmentally framed, consider this recently published statistical survey of EPA scientists [3MB] showing a majority has had facts doctored, politicized, and squelched during the Bush presidency.

    Aside from just attempting to take the extralegal course to achieve profitable ends for industries regulated by doe, the Bloch raid also seemed reminiscent of the tones echoed in this letter from the American Library Association written to the NARA chief regarding announced plans to forego [15KB] the perfunctory snapshot record of all government websites during the approaching transition from Bush to the next administration. ALA takes a fairly rigorous approach to preservation of integrity of records, and is critical of nara’s apparent willingness to sleep on the job, figuratively, during the evening prior to January 20 2009.

  35. JohnJ says:

    I admit that my initial euphoria was misplaced now that we see some of the tangled threads.

    The only thing that makes sense to me, (with my occupationally limited attention span) is the chase scene where the bad guys are dumping everything out of the car trying to block the view off or slow down the pursuers. The way you know they are bad guys is that they throw one of their own out as well. As he splats on the windshield of the good guys the audience cheers.

    ‘Problem with that analogy is that if this were a comedy, the good guys catch the bad guys. This situation is, unfortunately, closer to a tragedy, which means they get away, just like real life. (Except Bloch the guy that splattered on the windshield of course).

  36. JohnLopresti says:

    erratum, my @74, make that Kansas City, MO, where the manufacturing facility is, instead of KC, KS.

  37. Anna says:

    Bmaz I am sorry that link offends you I certainly did not mean for it to do so. Just another perspective.

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