The Flying Fur At OSC

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Many of you have been asking many different questions about the OSC kerfluffle. I am fairly deep into this now and hope to have a serious piece ready by tonight. Unfortunately, day job and spring family responsibilities (there’s a different school concert every night!) keep intruding. Tomorrow, there is actually one I am looking forward to; I get to help chaperone my daughter’s class field trip to tour, learn about and see in action the county courthouse.

Back to the OSC mess. This is just a short post to run by all of you my current thoughts and ask you to post in comments any links to new and probative information you have run across (for other topics too if they are really noteworthy). So, here goes.

Bloch appears to be a bit of a nondescript, but deeply religious, party level toady that they pulled out of the mid-west, to serve as Associate Director and then Deputy Director and Counsel to the Task Force for Faith-based and Community Initiatives at the U.S. Department of Justice. (Why exactly is there even such an office in the DOJ at all???). The Bushies then wanted to plug a Regent like theobot toady into the OSC, and decided Bloch fit the bill. Bloch then went about doing his job, which was effectively to do nothing and fill up the ranks with incompetent theobot types, just like they were doing all over the government and, as we know so well, especially the DOJ. But Bloch got a little ham fisted in his efforts to weed his office of teh gay in the process, which caused an amount of scrutiny and heat.

About that time, Bloch’s office started being forced into relevance because of all the Hatch Act violations and other things that the Bushies have done to create whistleblowers that are supposed to fall under Bloch’s office’s parameters. This created a confluence of events for Bloch; he morally/religiously really believes in his purge of teh gay and, just maybe, he actually has some moral convictions on the impropriety of much of the Bushco creed. So, he starts actually doing his job on the Bushco ills, just a little, both because he knew there were ills and to push back and protect himself for what he had done. Picture a John DiIulio and/or David Kuo that, instead of Read more →

Bloching Justice Or Obstructing Justice?

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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.
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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 Read more →

Burma Shave – Bush Busts Out A Compassion Beard

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This is shaping up to be a monumental week with important news flying in like a furious wind from every direction, from the primary election battle, to all of the various political scandals, to diplomatic agendas, the Iraq war that has taken a shockingly deadly turn for the worse on all fronts with little notice by the distracted and weary public, to, of course, the economy. Saddle up cowboys and cowgirls, it could be a rough ride. Oh yes, and Marcy will be back soon, rested and ready herself.

The first blow to land for the week did not fly in like a furious wind, it was a furious wind. Specifically a typhoon that blew a path of waste and destruction through the already destitute and oppressed tinderbox that is currently known as Myanmar, and was formerly known as Burma.

The cyclone and storm surge that tore through Myanmar’s Irrawaddy delta killed at least 15,000 people and left 30,000 missing, officials said on Tuesday, warning the toll could rise in low-lying, remote villages.
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Giving the first detailed account of the worst cyclone to hit Asia since 1991, when 143,000 people died in Bangladesh, Foreign Minister Nyan Win said on state television 10,000 people had died just in Bogalay, a town 90 km (50 miles) southwest of Yangon.

After a meeting with Myanmar’s ambassador to Bangkok, Thai Foreign Minister Noppadol Pattama said he had been told 30,000 people were missing after Saturday’s devastating storm.
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The total left homeless by the 190 km (120 miles) per hour winds and 12 foot (3.5 meter) storm surge is in the several hundred thousands, United Nations aid officials say.

The scale of the disaster in the military-ruled southeast Asian nation drew a rare acceptance of outside help from the diplomatically isolated generals, who spurned such approaches in the aftermath of the 2004 Indian Ocean tsunami.

If there are words sufficient to describe the desperate plight of the people of Myanmar, then they surely escape me. It does add a degree of relative perspective to the mere struggles of democracy we labor on here daily. The random vagaries and inequalities of the human condition on this planet are both stunning and stark; but for a virtually indecipherable molecular difference in a couple of genetic alleles, there may go you or I. Very sobering. I will leave substantive analysis of what, if anything, can be done for these Read more →

Sunset Musings

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It was a nice quiet weekend; thankfully somewhat thin on bad and/or outrageous news. Other than all the allergens that are currently thick as soup in the air, the weather here is perfect; 90 degrees and not a cloud in sight. Perfect day to get the backyard and pool ready for the summer. There are a couple of legal pieces on the various Bush atrocities of government I should probably work on, but that just seems like a little too much work as I sit here on the patio watching the sunset turn Camelback Mountain the most beautiful shades of purple, crimson, and gold that you can imagine. My wife calls sunsets like this "golden hour", they are truly stunning. The attached picture is from Flickr via Google Images, but I swear it must have been taken from my front yard; it is exactly the view I have as I write this post. Well, almost exactly, this is clearly taken at sunrise, because the view is looking to the east. It is a little hard to make out, but the pointed rock immediately underneath the sun is known as the Praying Monk. When the light is right, it really does bear a remarkable resemblance to it’s namesake.

The Casa de bmaz travelogue portion of this post thus complete, I would like to point out a recent New York Times story. It is the story of Sami al-Hajj, an individual caught up in Bush’s berserker war on terror. Often in our discussions Hannah Arendt’s phrase "the banality of evil" is applied; but it is not a metaphor, it really is the truth about our country these days. The following story is reported in national media, including the New York Times, but with a casual nonchalance that is an ox gore to our collective national soul.

Courtesy of William Glaberton at the New York Times, is the tale of Sami al-Hajj

A former cameraman for Al Jazeera who was believed to be the only journalist held at Guantánamo Bay was released on Thursday, after more than six years of detention that made him one of the best known Guantánamo detainees in the Arab world, his lawyers said.
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“It is yet another case where the U.S. has held someone for years and years and years on the flimsiest Read more →

Jello Jay And Hoyer Slither Back Into The FISA Limelight

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Crikey, this is getting old. You may have seen by now that rumors of a new push on passage of FISA, and, of course, full retroactive immunity, are bubbling to the surface in the last 24 hours. Here is Jane. Here is Digby. Here is McJoan. From Jane at FDL:

According to the ACLU, there is rumor of a backroom deal being brokered by Jay Rockefeller on FISA that will include retroactive immunity. I’ve heard from several sources that Steny Hoyer is doing the dirty work on the House side, and some say it will be attached to the new supplemental.

A few more facts and circumstances are available now than were in the earlier stories. For one, we apparently see the "urgency lever" being pressed this time around (there always seems to be one in these plays, it’s a feature). From Alexander Bolton at The Hill:

The topic has reached a critical point because surveillance orders granted by the director of national intelligence and the attorney general under the authority of the Protect America Act begin to expire in August.

If Congress does not approve an overhaul of the Foreign Intelligence Surveillance Act (FISA) by Memorial Day, intelligence community officials will have to prepare dozens of individual surveillance warrants, a cumbersome alternative to the broader wiretapping authority granted by the Protect America Act, say congressional officials familiar with the issue.

Maybe, but if so, then the situation is intentionally so from a designated plan by the Administration to have some of their programs start running out while they are still in office and can use the "urgency" to fuel their desperate push for immunity. The reason, if you will recall, is the little provision placed in the Protect America Act (PAA) allowing any surveillance order (i.e entire general program, not just individual warrants) existing at the sunset of the PAA, which occurred on February 17, 2008, to continue until expiration, which means that there was NO necessity that any program that the government wished to pursue expire anytime during the current Administration. I have reminded folks of this repeatedly, but here is a wonderful synopsis from Cindy Cohn of EFF:

The PAA provides that any currently ongoing surveillance continues until the "date of expiration of such order," even if PAA expires. "Orders" are what the PAA calls the demand for surveillance by the Attorney General or Director of National Intelligence (there’s no court involved). These surveillance orders can be Read more →

Reggie Steps To The Plate And Stirs The Drink

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In baseball, one of the most charismatic players ever was Reggie Jackson; he was a great talent, bold and his own man. Always. Jackson was known as "Mr. October" for his ability to always come through in the clutch during playoffs and the World Series. Reggie was also a bit of a self promoter, and once referred to his place on the Yankee team by saying "I’m the straw that stirs the drink".

Well, here at this blog, we have our own favorite Reggie, Judge Reggie Walton of the DC District Court who presided over the Libby trial. While Reggie Walton is by no means a self promoter, quite the polar opposite actually, he is an immensely talented judge, is bold and is his own man. And, yesterday, he stirred things up a bit. In Milwaukee to give a speech on the importance of literacy and education, reporter John Diedrich of the Journal-Sentinel caught up with Walton for a few questions.

"The president has that authority and exercised it, and that has to be respected,"
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"The downside is there are a lot of people in America who think that justice is determined to a large degree by who you are and that what you have plays a large role in what kind of justice you receive. . . . It is crucial that the American public respect the rule of law, or people won’t follow it."
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Walton, who said he and his family were threatened after he handed down the sentence, said the time he gave Libby was at the low end of federal sentencing guidelines.

"I believe firmly you apply the law and apply it strictly," Walton said from his chambers in Washington. "I don’t give white-collar criminals a pass."

In so many words, Judge Walton is saying that President Bush directly undermined the rule of law in this country when he erased all responsibility and accountability for Libby from his criminal conduct. Judge Walton is absolutely right. And the worst part is, that by doing so, Bush was shamelessly covering up his, and Vice-President Cheney’s, own crimes. It is important that people not be allowed to forget this concept in the whirlwind of all the other Bush/Cheney blights on our society. Judge Walton has my thanks for making these statements, give him yours.

CIA And Bushco Have A Rather Large Criminal Obstruction Problem: The Torture Tapes Come Home To Roost

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By now, the story of the CIA’s destruction of the "torture tapes" is well known. Although the problems with the CIA, and every other portion of the Bush Administration, maintaining custody and control of evidentiary video and audio tapes is literally almost a running bad joke, the capstone revelation came with a December 6, 2007 New York Times article by Mark Mazzetti. Mazzetti’s article detailed the willful destruction by the CIA of videotapes directly exhibiting the use by US Agents of "extreme interrogation techniques" on detainees Abu Zubaydah and Abd al-Rahim al-Nashiri.

To refresh your recollection of the entire sequence of events on the Torture Tapes, here is a remarkably complete timeline. For the instant consideration, the critical event is the evidence supplied to date by the Bush Administration, and most significantly the CIA, on their rationale for the destruction of the Zubaydah and al-Nashiri tapes. The initial statement of the position and defense of the CIA is contained in CIA Director Michael Hayden’s message to the body of his agency, which indicates:

…CIA videotaped interrogations, and destroyed the tapes in 2005. I understand that the Agency did so only after it was determined they were no longer of intelligence value and not relevant to any internal, legislative, or judicial inquiries–including the trial of Zacarias Moussaoui.

The official position has been further refined by testimony of CIA Acting General Counsel John Rizzo and the pseudo-proffer of Jose Rodriquez via his attorney Bob Bennett. We also know that, at a minimum, four White House lawyers were involved in discussion of the proposed destruction of the tapes. The most recent evidence of the government’s position is contained in sworn statements by CIA officials made in mid-April in the Rashid Abdullah case, again positing nothing but good faith and lack of knowledge of any compelling reason to preserve the tapes.

However, yesterday, an insufficiently noticed page A-16 story by Dan Eggen in the Washington Post, appears to put the lie to the defenses the Administration has posited to date and raise serious issues in relation to intentional, malicious destruction of evidence and obstruction of justice. The Post article relates information gleaned from recent CIA/Administration filings in a Freedom of Information Act lawsuit filed last June. From the Post:

The CIA concluded that criminal, administrative or civil investigations stemming from harsh interrogation tactics were "virtually inevitable," leading the agency to seek legal support from the Justice Department, according to a CIA official’s statement in court documents filed yesterday.

The CIA said it had identified more than 7,000 pages of classified Read more →

The Pentagon’s Media Analyst Domestic Psy-Ops Program: Is It Legal?

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By now you have probably heard that the New York Times has an in-depth piece by David Barstow out for Sunday’s edition on the use by the Pentagon of media "military experts" as propaganda conduits.

It would be nice to be able to say that the revelations in Barstow’s article are shocking, but they are not. Spin and propaganda have, from the outset, been more important to the Bush Administration than efficient and effective performance and truth. This already looks to be a big deal around the blogosphere, everybody will be discussing the general parameters of the story. Dave Neiwert serves up a dissection at FDL (and do click through his links here and here to his earlier pieces at Orcinus in 2004 on Bush Administration psy-op propaganda, they are excellent).

Beyond the face value of the NYT article, however, lurk some more interesting issues. Marcy has, as usual, immediately found one in relation to the spotty history of the NYT on Bushco propaganda, most notably in regard to Judith Miller and the case for the Iraq War (can you say "Sweet Judy Blew Lies"? I can). Here is mine; we know this Pentagon propaganda scheme is crass and loathsome, but is it legal?

Arguably, the answer is no, it is not legal; of course, as we have seen time and again, that is never an impediment to the Bush Administration. And, as with so many other Bushco ills, we have a template for analysis because they have made a pattern and practice of crossing the line of propriety in Read more →

The DNC Email Ruling

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The folks that read and participate at Emptywheel are, in my humble opinion, without any question the best anywhere at deconstructing email issues and cases, and it sure looks to me like some of the people litigating these various matters are picking up on that too. That being the case, who could possibly deny you more fodder?

The Democratic National Committee has been suing the DOJ in DC District Court to obtain some 68 pages of emails relaing to the US Attorney purge. The main reporting to date has been from Politico:

A federal judge has handed the White House a legal victory in a battle with the Democratic National Committee over e-mails related to U.S. attorney firings.

District Judge Ellen Huvelle of the U.S. District Court for the District of Columbia ruled Thursday that the DNC does not have a right under the Freedom of Information Act to 68 pages of e-mails sent between White House and Justice Department officials simply because the White House e-mail traffic was transmitted on a server controlled by the Republican National Committee.
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In dismissing the DNC lawsuit, Huvelle ruled that it was "based on the false factual premise that White House officials only used their RNC e-mail accounts for political communications."

Additionally, Huvelle decided that just because an RNC server was used to send the messages — 68 pages out of more than 5,000 which have been denied to the DNC — it is not enough to automatically disqualify the Justice Department from claiming a FOIA exemption in refusing to release them.

"It is therefore clear that RNC e-mail accounts were used (rightly or wrongly) both for official and RNC business, and thus the nature of the server is not necessarily informative as to whether the document contained official or political communications," Huvelle wrote in her opinion.

I think there are two issues to be contemplated here. The first is the relative propriety of Huvelle’s decision, and foundation therefor, in the DNC case, and the second is what implications it may have for the greater mass of contentious email issues that are percolating in our midst. Here is the full opinion rendered by Judge Huvelle in Democratic National Committee v. United States Department of Justice, CV 20070-712 (ESH-DDC).

There were originally 5,337 pages of emails responsive to the DNC’s FOIA request, but agreement was reached as to all but 68 pages. All of the Read more →

What’s Wrong With This Picture? Wilkes Sprung From Slammer!

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Almost like it was a Friday evening news or document dump coming out of the Bush White House, news has just hit the wires that convict Brent Wilkes has been released from prison pending appeal.

A federal appeals court has ordered the release from prison of former Poway defense contractor Brent Wilkes while he pursues an appeal of his bribery conviction and 12-year sentence.

The order from the 9th U.S. Circuit Court of Appeals was issued Thursday by judges Thomas G. Nelson and A. Wallace Tashima. Wilkes was convicted in November of bribing former Congressman Randy "Duke" Cunningham and sentenced three months later to 144 months in prison. He immediately appealed the conviction and sought to remain free, but U.S. District Judge Larry Burns refused and ordered him into custody.

In a brief order, Nelson and Tashima said it was unlikely that Wilkes poses a danger to the community or would flee if he were released.

Moreover, the judges said his appeal raised a "substantial question" of law or fact, that "is likely to result in reversal, an order for a new trial, or a sentence that does not include a term of imprisonment."

That was certainly fast; Wilkes was only sentenced about a month ago. Things sure work faster and better if you are a card carrying wingnut member of the Cheney/Bush criminal cabal as opposed to, say for instance, a Democratic governor in the Gooper infested South eh? Now, don’t get me wrong, I made the last statement somewhat tongue in cheek. I don’t think that the timeframe was necessarily accelerated as to Wilkes at all; however, anybody that now doesn’t understand how egregious and malicious the treatment of Don Siegelman was needs to give up the ghost, because any argument to the contrary just doesn’t fly. Are the judges in the 9th Circuit really nine times faster and better than those in the 11th Circuit? Or was something else going on? Go figure….