Another 16 Words: Boumediene Bites Bush Again

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images3.thumbnail.jpegLaura Rozen rocks, and today she rolls up more jaw dropping malevolence and fraud on the part of the Bush/Cheney Administration.

A potentially explosive new court filing by the lawyers for Lakhdar Boumediene and five other Guantanamo detainees suggests that the Bush administration ordered the Bosnian government to arrest and hold the men after an exhaustive Bosnian investigation had found them innocent of any terrorism related activity and had ordered their release, in order to use them as props in Bush’s January 2002 State of the Union speech.

The filing–"Lakhdar Boumediene, et al., Petitioners, v. George W. Bush, President of the United States, et al., Respondents, Petitioners’ Public Traverse to the Government’s Return to the Petition for Habeas Corpus"–lays out the case that the Bush administration threatened at the highest levels to withdraw diplomatic and military aid to the Balkan nation if Bosnia released the men, which its own three-month investigation had found innocent of any terrorism charges in the days leading up to Bush’s January 2002 State of the Union.

Faced with the threats of the withdrawal of aid and that if it released the men, the White House would order NATO troops to detain them, Bosnia transferred the men under duress to the custody of the US government in January 2002. Ten days later, Bush used sixteen words to warn Americans that, in "cooperation" with the Bosnian government, it had captured terrorists who had planned to bomb the US embassy in Sarajevo: "Our soldiers, working with the Bosnian government, seized terrorists who were plotting to bomb our embassy," Bush told the nation.

But, six years later, the detainees’ petition says, after the US Supreme Court has sided with the detainees and ordered the US to give the detainees habeas corpus rights, the Bush administration has failed to repeat the embassy plot charges that Bush used in his State of the Union address, or to produce credible evidence of why the men should be held as enemy combatants.

It is hard to be shocked by these kind of revelations anymore, there has been so much criminal depravity on the part of the Bush/Cheney crew in relation to their torture and sadistic gulag detention programs that it just dulls the senses after a while. And it is not like we didn’t know that the case against Lakhdar Boumediene was bogus; that was evident from the prior litigation that led to the original Supreme Court Boumediene decision. The pleading containing the new allegations is here (pdf). For those of you perplexed by the title of the pleading, a "traverse" pleading is nothing more than a somewhat archaic term for a reply pleading.

The revelation that Boumediene has been, from the outset, about yet another 16 word intentional lie to the American public, and indeed the world, in the hallowed State of the Union Speech, in order to fraudulently gin up the basis for an illegal and immoral war of aggression, is heart stopping and hard to stomach. Read more →

CIA & Foggo: It’s Hard On Spy Pimps Out There

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It’s getting hard out there on the pimps and cons in the CIA, first Director Goss goes down the tubes, and now his right hand man Foggo is headed to the slammer.

As reported Monday, Dusty Foggo has copped an incredibly lenient plea to one count of simple wire fraud. Foggo, formerly Number Three man in the Bush CIA, under Director Porter Goss who also resigned in disgrace, had been charged with 28 counts of sordid and sundry fraud, conflict of interest, bribery aiding and abetting, and false statements, all primarily related to the Duke Cunningham and Brent Wilkes criminal convictions.

Just how did Foggo get such a sweetheart deal?

It must have been the evidence that Foggo created a new deputy director of administration position and hired his mistress to fill it, the weekly poker games at Washington hotels with Congressmen such "Duke" Cunningham, lobbyists, House intelligence committee staff members and prostitutes. Or maybe Foggo’s assistance to childhood friend, Brent Wilkes, one of two defense contractors bribing House intelligence committee member Cunningham with tens of thousands of dollars in antiques, travel, fancy meals, house payments, and hookers in exchange for earmarks steering more than $100 million worth of government contracts to Wilkes’ San Diego-based firm, right?

As the always excellent Laura Rozen details in an article just out in Mother Jones:

No, what truly worried Agency brass were the darker secrets their former top logistics officer was threatening to spill had his case gone to trial as scheduled on November 3. They included the massive contracts Foggo was discussing with Wilkes, estimated by one source at over $300 million dollars. "Wilkes was working on several other huge deals when the hammer fell," a source familiar with Read more →

Gonzo Sings! Justice In The Department At Last?

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It has been clear for a long time that Gonzales had serious criminal exposure for his acts during his service in the Bush Administration, which is why immediately after departure from the DOJ AGAG lawyered up by hiring criminal-defense lawyer George Terwilliger. Probably one of the reasons Gonzales announced his resignation within a week of the initiation of an Inspector General’s investigation into his conduct.

That IG report described how Gonzales’ improperly, and illegally, possessed, handled and transported Top Secret information; i.e. the two most important, secret, and arguably illegal, programs in the history of the Bush Administration, the illegal wiretap program and–almost certainly–the torture program.

In most circumstances when the DOJ gets a fish like this on the hook, the first thing you would expect would be for them to work him for incriminating information on other malfeasance he is aware of and to entice him into a cooperations agreement to help bring others to justice. And this is just what it looks like is happening. Murray Waas is just out with a major article in The Atlantic:

According to people familiar with statements recently made by Gonzales to federal investigators, Gonzales is now saying that George Bush personally directed him to make that hospital visit.
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Gonzales has also told Justice Department investigators that President Bush played a more central and active role than was previously known in devising a strategy to have Congress enable the continuation of the surveillance program when questions about its legality were raised by the Justice Department, as well as devising other ways to circumvent the Justice Department’s legal concerns about the program, according to people who have read Gonzales’s interviews with investigators.
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In describing Bush as having pressed him to engage in some of the more controversial actions regarding the warrantless surveillance program, Gonzales and his legal team are apparently attempting to lessen his own legal jeopardy. The Justice Department’s inspector general (IG) is investigating whether Gonzales lied to Congress when he was questioned under oath about the surveillance program. And the Justice Department’s Office of Professional Responsibility (OPR) is separately investigating whether Gonzales and other Justice Department attorneys acted within the law in authorizing and overseeing the surveillance program. Neither the IG nor OPR can bring criminal charges, but if, during the course of their own investigations, they believe they have uncovered evidence of a possible crime, they can seek to make Read more →

Conyers Cranky Over Oil Fraud; Drills DOJ With Letter

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You knew this was coming, and since I simply can’t stomach any more Lurch Paulson discussion today, I bring it to you. Remember Marcy’s Drill, Baby, Drill post on sex, lies and oil at the Minerals Management Agency?

Clearly, John Conyers found it as titillating as we did. He wants to hear more. From McClatchy:

The chairman of the House Judiciary Committee demanded Tuesday that the attorney general provide an "immediate explanation" for a Justice Department decision that could have cost taxpayers up to $40 million in royalties from a major oil company.

Michigan Democratic Rep. John Conyers’ cited a McClatchy story Sept. 12 that detailed the department’s rejection of the Colorado U.S. attorney’s recommendation to intervene in a whistleblower’s suit against the Kerr-McGee Corp.

In a letter to Attorney General Michael Mukasey, Conyers said charges that politics might have played a part in a decision favoring a major oil company "must be taken seriously and thoroughly investigated." Conyers said he wanted to question the officials involved in the case and that he sought access to all related records.

When Marcy last reported, the Inspector General’s reports had just been released, and they sure had some juicy material in them. Since that time, IG Earl Devaney is royally pissed that the DOJ prosecuted two line level scrubs at the MMA, but refused to prosecute the big dog managers he wanted nailed. And he let his displeasure be known:

"I would have liked a more aggressive approach, and I would have liked to have seen some other people prosecuted here," he said during a hearing before the House of Representatives’ Natural Resources Committee.
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Devaney also recommended that the Justice Department prosecute RIK’s former Denver office director, Gregory Smith, and the former associate director of the Minerals Revenue Management office, Lucy Dennet.

The reports accuse Smith of having sex with two subordinates and improperly accepting $30,000 from a private company for marketing its services to oil and gas companies.

Dennet is accused of helping Mayberry create the contract he was awarded after his retirement.

The Justice Department hasn’t explained why it declined to prosecute them.

But in today’s McClatchy report on Conyers’ letter, we learn just how mad IG Devaney really is with the DOJ:

Inspector General Earl Devaney was so displeased with the department’s refusal, Conyers wrote, that he pulled his investigators off a department task force examining disgraced lobbyist Jack Abramoff’s influence-peddling.

In the grand scheme of things, a pretty small Read more →

The Devil Went Down To Georgia

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Well, okay, it was Dick Cheney. Close enough. From The Los Angeles Times:

Appearing alongside beleaguered Georgian President Mikheil Saakashvili, Vice President Dick Cheney on Thursday criticized Russia’s conduct in its short war with Georgia and pledged to continue American support for reconstruction and humanitarian aid.
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Cheney’s remarks probably will further inflame Moscow, where officials have railed against the United States’ alliances with the former Soviet states. This week, President Dmitry Medvedev said bluntly that Moscow expected to maintain a "privileged" sphere of influence in the region of the former Soviet Union.

However, U.S. officials Thursday brushed off criticism that the White House is deliberately approaching the brink of confrontation with Russia.

"The United States is not trying to paint Russia as an enemy," said Robert A. Wood, a State Department spokesman. "We’re very concerned about its behavior and what that means for the future of the U.S.-Russia relationship. We’re looking at all aspects of our relationship with Russia, in terms of how we go forward."

Russian officials also have been dismayed by the apparent staying power of Saakashvili, often referred to in Moscow as a "war criminal" for launching the military operation in early August in the breakaway province of South Ossetia. Russia responded by sending in troops to defend the pro-Russian enclave, which broke with Georgia’s government more than a decade ago. The fighting ended with Russia continuing to occupy parts of Georgia proper to enforce the separation from South Ossetia and another breakaway region, Abkhazia.

Russian Foreign Minister Sergei Lavrov said this week that the world should impose an arms embargo on Georgia until Saakashvili is out of power.

Georgian officials have said the United States will help rebuild the country’s crushed military. But that was not directly affirmed during Cheney’s visit, which came a day after President Bush said the U.S. would provide up to $1 billion in nonmilitary assistance.

The whole Georgia/Russia war in, and over, the South Ossetia and Abkhazia regions in the Caucasus seems somewhat surreal. In spite of the critical nature of what happened, and continues to happen there, there has been a paucity of credible reporting in the United States. What are still the two nuclear superpowers in the world, and a clear step toward cold war renewal, were all involved as were, of course, the people who actually live in those areas. Some of them are no longer living; and, yet, we still don’t know who the true aggressor was. And, strangely, the American educated, Cheney confidante, Georgian President Saakashvili was literally plastered on American television during the entire conflict in an unprecedented manner for a foreign leader. While there may be slight confusion over who started the Georgia-Russian war; we do know who ended it, the Russians handed the Georgians their own rear ends.

Juan Cole relates:

All sides have committed massacres and behaved abominably. There are no clean hands involved, notwithstanding the strong support for Georgia visible in the press of most NATO member countries. (Georgia has been jockeying to join NATO, something Moscow stridently opposes.) Still, not everyone in NATO agrees that Saakashvili is a hero. While traveling with the negotiating team of President Nicolas Sarkozy, one French official observed that "Saakashvili was crazy enough to go in the middle of the night and bomb a city" in South Ossetia. The consequence of Russia’s riposte, he said, is "a Georgia attacked, pulverized, through its own fault."

Far as I can determine, that is about right. Tiny Georgia made a gutsy, and monumentally ill advised, move on South Ossetia, an area that wanted independence and that was under the protective eye of Russia. Despite initial heavy losses, Georgia did not back off, and Russia rolled over them until there was basically no way for Georgia to continue fighting.

Read more →

Bush Re-Ups War, Obstructs Accountability As Nation Twitters Over Palin

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The country and the progressive blogosphere have long been suckers for Cheney/Rovian shiny object distractions. I am afraid that is happening as we speak. First off (and i will come back to this later in a separate post) all of the heat, passion an unity that was generated and consolidated by Los Dos Clintonos, Al Gore and then, mightily and masterfully, Barack Obama, is being dissipated by the wind of fixation on Sarah Palin.

But more importantly, critical and substantive things are going on that we need to be paying attention to. Eric Lichtblau in the NYT reminds us of a huge one this morning:

Tucked deep into a recent proposal from the Bush administration is a provision that has received almost no public attention, yet in many ways captures one of President Bush’s defining legacies: an affirmation that the United States is still at war with Al Qaeda.
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The language, part of a proposal for hearing legal appeals from detainees at the United States naval base at Guantánamo Bay, Cuba, goes beyond political symbolism. Echoing a measure that Congress passed just days after the Sept. 11 attacks, it carries significant legal and public policy implications for Mr. Bush, and potentially his successor, to claim the imprimatur of Congress to use the tools of war, including detention, interrogation and surveillance, against the enemy, legal and political analysts say.
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The proposal is also the latest step that the administration, in its waning months, has taken to make permanent important aspects of its “long war” against terrorism. From a new wiretapping law approved by Congress to a rewriting of intelligence procedures and F.B.I. investigative techniques, the administration is moving to institutionalize by law, regulation or order a wide variety of antiterrorism tactics. (Emphasis added)

In all the flurry and bustle of the conventions and Palin, not to mention back to school and Labor Day weekend for the nation, this could be lost in the flow. It must not be. This provision has all the potential implications, problems, Read more →

When The Levee Breaks

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If it keeps on rainin’, levee’s goin’ to break,
If it keeps on rainin’, levee’s goin’ to break,
When The Levee Breaks I’ll have no place to stay.

Cryin’ won’t help you, prayin’ won’t do you no good,
Now, cryin’ won’t help you, prayin’ won’t do you no good,
When the levee breaks, mama, you got to move.

In the face of what ought to be the most serious and profound Presidential election in the last 75 years, and with the opening of the Democratic Convention on the brink, it seemed appropriate to recalibrate for a moment. Over three days has been spent on the sophomoric PR stunt by the Obama campaign to play the Vice Presidential selection like some kind of two bit cross between a high school prom queen election and American Idol. "We’ll text our special friends first! You’ll be the first to know". Please. Spare me.

That is the good side; on the other there is some senile, angry, old, self-entitled curmudgeon that doesn’t even know how many houses he owns, nor what kind of car he drives. The media and, yes, even the blogs, lap this idiocy up like milk to starving kittens. Almost makes you wonder if something important hasn’t been forgotten in the headlong rush to inanity.

Hurricane Katrina formed over the Bahamas on August 23, 2005. Three years ago to this very day.

Katrina was the costliest and one of the five deadliest hurricanes in the history of the United States. It was the sixth-strongest Atlantic hurricane ever recorded and the third-strongest hurricane on record that made landfall in the United States and caused devastation along much of the north-central Gulf Coast. The most severe loss of life and property damage occurred in New Orleans, Louisiana, which flooded as the levee system catastrophically failed, in many cases hours after the storm had moved inland. The hurricane caused severe destruction across the entire Mississippi coast and into Alabama, as far as 100 miles (160 km) from the storm’s center.

The storm surge caused severe damage along the Gulf Coast, devastating the Mississippi cities of Waveland, Bay St. Louis, Pass Christian, Long Beach, Gulfport, Biloxi, D’Iberville, Ocean Springs, Gautier, Moss Point, and Pascagoula. In Louisiana, the federal flood protection system in New Orleans failed in more than fifty places.

Nearly every levee in metro New Orleans breached as Hurricane Katrina passed east of the city, subsequently flooding 80% Read more →

The Strange Case of Hiwa Abdul Rahman Rashul (Part 2)

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In part 1, I laid out the facts surrounding the detention and illegal transfer of Hiwa Abdul Rahman Rashul. In this post, I want to demonstrate why this case matters. There is a pattern to the Bush/Cheney Administration’s illegal usurpation of executive power. Because the pattern broke down in this case, the strategy behind that power grab is laid bare. The struggle within the administration over the disposition of Rashul and the way it was resolved helps to illuminate the true nature of the current regime. Perhaps this case creates an opening to unravel the authoritarian infrastructure that has been built within our country in the last eight years.

Part 2: Why it matters

In the grand scheme of things, focusing on this case might seem a little like busting Al Capone for tax evasion. The Bush/Cheney Administration has institutionalized the most egregious extralegal executive abuses in our nation’s history. As matters of policy, they’ve launched a war of aggression under false pretenses, violated the most basic human right treaties, trashed the Fourth Amendment, denied the right of habeas corpus to citizens and non-citizens alike, set up secret prisons, disappeared their presumed opponents around the world, tortured the innocent and presumed guilty alike, conducted sham military tribunals against the underage and the mentally ill, and, worst of all, claimed the power to indefinitely detain anyone in the world, including U.S. citizens, without any external check whatsoever. And that’s just the stuff they have admitted to.

If we want to undo all this, and I very much do, we’ll have understand how they were able to accomplish it. I’m not going to rehash the sociopolitical environmental conditions that the administration took advantage of. Folks here understand that the generalized fear and anger after the attacks of September 11, 2001, the fecklessness of the Democratic party, the docile and compliant traditional media, the tight discipline within the Republican party, and the latent authoritarian impulses of a sizeable minority of the country created the necessary conditions for what happened. I want to focus on how the administration manipulated secrecy, its own people’s psychology, and the instinct for institutional self-preservation to manage a shifting set of narratives that allowed them to follow a deliberate strategy of expanding executive power and upsetting the constitutional balance of government while evading responsibility and steam-rolling all opposition. Then, I hope to show how this case exposes some chinks in the rather substantial armor of these malefactors. Read more →

FISA Redux Again: The Slippery Slope Leads Down A Rabbit Hole

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Five days ago, in the post "FISA Redux: The Slippery Slope Becomes A Mine Shaft", we discussed the new set of domestic spying protocols that the Bush Administration is determined to entrench into law and practice before leaving office. The measures would:

…make it easier for state and local police to collect intelligence about Americans, share the sensitive data with federal agencies and retain it for at least 10 years. … would apply to any of the nation’s 18,000 state and local police agencies.

Criminal intelligence data starts with sources as basic as public records and the Internet, but also includes law enforcement databases, confidential and undercover sources, and active surveillance.

…also would allow criminal intelligence assessments to be shared outside designated channels … It turns police officers into spies on behalf of the federal government.

As if that wasn’t enough fun for one post, we also learned that Attorney General Mukasey

…would release new guidelines within weeks to streamline and unify FBI investigations of criminal law enforcement matters and national security threats.

Well, that didn’t take long. Guess what; they’re here. It is amazing how when it comes to protecting the rights and privacy of American citizens, the health and stability of the environment, the education of our children, and the care and compassion to military veterans, the Bush Administration produces nothing but bad faith delay, obstruction and, often, outright refusal to act. They are imminently capable, however, of moving with breathtaking alacrity when they sense the opportunity to seize unheard of domestic police state powers that undercut the Constitution, solely by Administrative fiat, and that fundamentally alter the way the American public exists in relation to it’s government in terms of their privacy and, in an existential sense, if not physical, their right to liberty and the pursuit of happiness.

Here, courtesy of the New York Times, is the new joy the Attorney General is announcing to "protect yer freedums":

A Justice Department plan would loosen restrictions on the Federal Bureau of Investigation to allow agents to open a national security or criminal investigation against someone without any clear basis for suspicion, Democratic lawmakers briefed on the details said Wednesday.
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The senators said the new guidelines would allow the F.B.I. to open an investigation of an American, conduct surveillance, pry into private records and take other investigative steps “without any basis for suspicion.” The plan “might permit an innocent American Read more →

Sprinting To Teh Finish: Missing Email Edition

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A little something to tide you all over. Because I know you are suffering withdrawal symptoms from a lack of malicious BS from your government. Hot off the press at the Washington Post:

The White House is missing as many as 225 days of e-mail dating back to 2003 and there is little if any likelihood a recovery effort will be completed by the time the Bush administration leaves office, according to an internal White House draft document obtained by The Associated Press.

The nine-page outline of the White House’s e-mail problems invites companies to bid on a project to recover the missing electronic messages.

The work would be carried out through April 19, 2009, according to the Office of Administration request for contractors’ proposals, which was dated June 20.
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The draft document outlines a process in which private contractors would attempt to retrieve lost e-mail from 35,000 disaster recovery backup tapes dating back to October 2003, a period covering such events as growing violence in Iraq, the Abu Ghraib prison scandal and the criminal probe into the disclosure that Valerie Plame had worked for the CIA.

The recovery project would not use backup tapes going back to March 2003, according to the draft document, even though an earlier White House assessment suggested e-mails were missing from that period as well.

Industry experts point out that relying on the backup system to ensure accurate retention, preservation and retrieval of all e-mails is problematic because it does not take into account deleted e-mails.

This is truly shocking. Really, who could have predicted such mendacious obstructionistic crap from the Bush/Cheney Administration? If the DC District Court can hold Toni Locy in contempt, I wonder if perhaps they can find some maximum hurt contempt provisions for a few of the White House Mafiosi too?

Paging MadDog. Mr. MadDog to the EW courtesy desk please. We have red meat for you. I am working on something already and, quite frankly, you folks kill me on the email dissection anyway. So, I respectfully request that the finest collective in all of the blogosphere sharpen their scalpels and see where we stand on this case. And feel free to discuss anything else too, I will be back shortly.

ADDENDUM: A couple of very cogent points from Earl of Huntington from the comments in the prior thread:

What are the accomplishments of the stellar WH telecoms team, Read more →