Bush Officials Compromised Renzi Investigation for Political Gain

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In an important new article from Murray Waas, writing at The Hill, we have at long last fresh news on the Rick Renzi corruption case in Arizona, and it turns out that officials in the Bush Administration improperly leaked out information compromising the investigation of Renzi, and did so for sheer political gain immediately prior to the 2006 elections.

In the fall of 2006, one day after the Justice Department granted permission to a U.S. attorney to place a wiretap on a Republican congressman suspected of corruption, existence of the investigation was leaked to the press — not only compromising the sensitive criminal probe but tipping the lawmaker off to the wiretap.

Career federal law enforcement officials who worked directly on a probe of former Rep. Rick Renzi (R-Ariz.) said they believe that word of the investigation was leaked by senior Bush administration political appointees in the Justice Department in an improper and perhaps illegal effort to affect the outcome of an election.

At the time of the leak, Renzi was locked in a razor-thin bid for reelection and unconfirmed reports of a criminal probe could have become politically damaging. The leaked stories — appearing 10 days before the election — falsely suggested that the investigation of Renzi was in its initial stages and unlikely to lead to criminal charges.

As you will recall, Renzi’s indictment (or lack thereof at the time) was a critical prong in the greater US Attorney firing scandal, specifically as to Arizona US Attorney Paul Charlton.

Murray is right, the import of this is not merely the implications on Arizona and the loss of a really good US Attorney (and as a practitioner in Arizona I can tell you that Paul Charlton had universal respect from both sides of the political aisle, prosecutors, the defense bar and the judiciary). The really notable point here is that it permitted Renzi to circle his wagons, and falsely inferred right before the 2006 election that Renzi was clean enough to be reelected.

Despite the fervent claims of the Bush crowd to the contrary, this was gross politicization of the Justice process, and it worked.

This previously unreported episode, however, directly contradicts that claim and constitutes the first evidence that a political-corruption investigation was stymied for political reasons during the Bush administration.

As part of an apparent damage-control effort to assist Renzi’s reelection bid, information was leaked on the same day to three Read more →

Court Allows Padilla Suit Against Yoo To Proceed

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There was a significant new opinion released in the NDCA late Friday (h/t Lindy and Fatster) in the case of Jose Padilla v. John Yoo. The decision is devastating to Yoo and to the thought by the Obama Administration that the American legal system is going to blithely allow them to simply "move forward" and leave behind, and out of sight, the malevolence, malfeasance and depravity of senior Bush/Cheney legal officials in relation to their torture regime.

Yoo might be having a bad day when a Federal judge starts his analysis of your immunity claim by citing Alexander Hamilton from the Federalist Papers. And that is exactly what Judge Jeffrey S. White of NDCA District Court has done:

[War] will compel nations the most attached to liberty to resort for repose and security to institutions which have a tendency to destroy their civil and political rights. To be more safe, they at length become willing to run the risk of being less free. [The Federalist No. 8, at 44 (Alexander Hamilton) (E.H. Scott ed., 1898).]

First, a little background is in order. The plaintiff is Jose Padilla, an American citizen arrested with great fanfare on May 8, 2002, on a material witness warrant, by the Bush Administration as being a "dirty bomb" suspect. As the "material witness" warrant was a sham, Bush (through Rumsfeld) quickly designated Padilla an "enemy combatant" and placed him in the custody of the Department of Defense, the military, and locked him up indefinitely in the US Naval brig in Charleston, South Carolina. Padilla was detained without being charged, was subjected to extreme isolation, including isolation from both counsel and from his family, and was interrogated under threat of torture, deportation and even death. He was placed in solitary confinement in a tiny cell in an otherwise empty wing of the military brig. Padilla alleges that he was “subjected to a systematic program of unlawful interrogation methods and conditions of confinement, which proximately and foreseeably caused him to suffer extreme isolation, sensory deprivation, severe physical pain, sleep deprivation, and profound disruption of his senses.

The defendant is the notorious John Yoo, Bush torture lawyer extraordinaire. Yoo, of course, is currently a law professor at the University of California Berkeley and was, at the times material to the complaint, Deputy Attorney General in the Office of Legal Counsel for the Bush/Cheney Administration. Padilla states, Read more →

What Pelosi, Rockefeller & Harman Could Have Done

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There has been an ongoing discussion for the last two weeks or so about the briefings that congressional leaders were allegedly given regarding the Bush/Cheney torture program (See for instance here, here, here, here and here) and what Congressmembers like Pelosi, Rockefeller, Harman and Graham could have done to fight the malfeasance of Bush and Cheney. This post will explain what they could have done.

I promised a discussion on the speech and debate clause and what was possible, at least theoretically, for Nancy Pelosi, Jane Harman, Jay Rockefeller, Bob Graham, or any Congressmember that had knowledge, to have done about the wrongs of the Bush Cheney Administration, even in relation to national security level topics.

The speech and debate clause is found in Article I, section 6 of the Constitution and reads as follows:

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

The key wording is the last part "…and for any Speech or Debate in either House, they shall not be questioned in any other Place." The down and dirty is that congressmembers (and in certain cases key staff) cannot be questioned or held to answer in any forum, civil, criminal or otherwise, for speech and/or discussion regarding legitimate interests and business of Congress; such conduct occurring on the floor or in committee is absolutely privileged.

Let’s have a look at the history of the Speech and Debate Clause. In United States v. Gillock, 445 U.S. 360 (1980), the Supreme Court stated, "The Framers viewed the speech or debate privilege as fundamental to the system of checks and balances." Indeed, it was framed by the founders as one of the seminal checks and balances against the power and greed of the Executive Branch. You know, exactly what Congress was staring at, and cowering from, with the Bush/Cheney crew. The Congressional privilege has been discussed and upheld in a Read more →

al-Libi Dies in a Libyan Prison

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Graphic by Darkblack

Graphic by Darkblack

We have been talking heavily about torture, renditions and the legal and motivational justifications therefore nonstop for the last couple of weeks. But one of the earliest entries in this sordid tale (witness the December 18, 2001 entry on Marcy’s Torture Timeline) was the capture and torture of Ibn Sheikh al-Libi. What became of al-Libi has been ripe discussion ever since he was disappeared. From Andy Worthington (h/t Barb) we learn of al-Libi’s demise:

The Arabic media is ablaze with the news that Ibn al-Shaykh al-Libi, the emir of an Afghan training camp — whose claim that Saddam Hussein had been involved in training al-Qaeda operatives in the use of chemical and biological weapons was used to justify the invasion of Iraq — has died in a Libyan jail.
…
This news resolves, in the grimmest way possible, questions that have long been asked about the whereabouts of Ibn al-Shaykh al-Libi, perhaps the most famous of “America’s Disappeared” — prisoners seized in the “War on Terror,” who were rendered not to Guantánamo but to secret prisons run by the CIA or to the custody of governments in third countries — often their own — where, it was presumed, they would never be seen or heard from again.

Al-Libi was captured by Pakistan on or about December 18, 2001 and was one of the earliest subjects rendered at the will if the CIA, being sent to Egypt for torture. And what did Bush/Cheney want out of him? Information connecting Sadaam Hussein with al-Qaida of course, which he eventually coughed up to his tormenters.

The significance of al-Libi in the events that followed and have led us to where we are today cannot be overestimated.

In Egypt, he came up with the false allegation about connections between al-Qaeda and Saddam Hussein that was used by President Bush in a speech in Cincinnati on October 7, 2002, just days before Congress voted on a resolution authorizing the President to go to war against Iraq, in which, referring to the supposed threat posed by Saddam Hussein’s regime, Bush said, “We’ve learned that Iraq has trained al-Qaeda members in bomb making and poisons and deadly gases.”

That October 7, 2002 speech in Cincinnati was a critical base for entire set of lies that put us into the unconscionable and unjustified invasion and occupation of Iraq. You might remember the Cincinnati speech, it was the first time Bush Read more →

Pelosi’s Advisory On Abu Zubaydah And Torture

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As Marcy noted back on April 29th, the issue of Nancy Pelosi’s briefing back in 2002 on the Bush/Cheney torture program, whether or not it was being applied to Abu Zubaydah and, if so, to what extent, has really turned into a he said-she said game. (See also here regarding the Porter Goss offensive against Pelosi and Harman).

So, it should not come as any surprise that yet another missive has been launched in this little passion play. Today’s strike comes courtesy of Rick Klein at ABC News:

ABC News’ Rick Klein reports: House Speaker Nancy Pelosi was briefed on the use of “enhanced interrogation techniques” on terrorist suspect Abu Zubaydah in September 2002, according to a report prepared by the Director of National Intelligence’s office and obtained by ABC News.

The report, submitted to the Senate Intelligence Committee and other Capitol Hill officials Wednesday, appears to contradict Pelosi’s statement last month that she was never told about the use of waterboarding or other special interrogation tactics. Instead, she has said, she was told only that the Bush administration had legal opinions that would have supported the use of such techniques.

MadDog has slithered into the depths of Human Events.com to find what they claim is "the report". He has also given us a hand glossary for the abbreviations. The Washington Post seems to think it is "the report" as well, for what it is worth:

In a 10-page memo outlining an almost seven-year history of classified briefings, intelligence officials said that Pelosi and then-Rep. Porter J. Goss (R-Fla.) were the first two members of Congress briefed on the tactics. Then the ranking member and chairman of the House intelligence committee, respectively, Pelosi and Goss were briefed Sept. 4, 2002, one week before the anniversary of the terrorist attacks of Sept. 11, 2001.

Pelosi has already, of course, issued a denial through a spokesman. More he said-she said. Quite frankly, without more, today’s play should be taken with a grain of salt. Multiple major news organizations have this hot off the press info right after Congress receives it and right wing hit rag Human Events (Jed Babbin) is pitching it as a slam on Pelosi. How very convenient. As further evidence of the need for grains Read more →

Condi’s “Position of Responsibility”

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These two YouTubes really ought to be watched in tandem.

In both, Condi stops breathing, having been asked a pointed question about her own failures.

It’s especially sickening to watch Condi talk about "unless you were there, in a position of responsibility, you cannot possibly imagine the dilemmas we faced in trying to protect Americans" in the bottom video (at around 1:15) and contrast that with her famous "I believe the title was ‘Bin Laden determined to attack inside the United States"(at 2:48).

I’d be curious to hear Condi describe what she means by "position of responsibility."

9th Circuit Rejects Obama/Bush State Secrets Argument In Mohammed

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Marcy must have ESP or something, she was just talking about heinous state secrets claims earlier this morning. A three judge panel of the Ninth Circuit Court of Appeals, Chief Judge Mary Schroeder, William Canby and Michael Hawkins, has firmly rejected the vile cover up attempted against several detainees/former detainees led by Binyam Mohamed.

The full decision is here.

I would like to note two things quickly; first off this is a wonderful panel (they are all from Arizona and I have known all of them) and I really expected no less from them. Secondly, it appears from a skimming of the decision that they did not dismiss the ability of the government to assert state secrets, rather indicated the time was not ripe for it. Do not be mistaken, however, this is a big blow to the government and a win for the rule of law.

Here is the operative paragraph of the decision:

On remand, the government must assert the privilege with respect to secret evidence (not classified information), and the district court must determine what evidence is privileged and whether any such evidence is indispensable either to plaintiffs’ prima facie case or to a valid defense otherwise available to Jeppesen. Only if privileged evidence is indispensable to either party should it dismiss the complaint.

The key language here is "Only if privileged evidence is indispensable". I think in light of the process that Vaughn Walker is adopting in al-Haramain, and that has been already utilized in the DC Circuit in detainee cases, this is going to be an increasingly hard burden for the government to make. Very good news indeed.

Chalabi: “I am convinced [there was] an implicit agreement between America and Iran”

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Whoops. That little investment in fraudster and Iranian ally Ahmed Chalabi keeps looking like a worse and worse idea, huh, Bush? (h/t Tom Ricks)

[Al-Hayat]: What would you tell George Bush if you met him, in a party for example?

[Chalabi]: I would say: thank you for toppling Saddam but I am displeased with what you did afterwards.

[Al-Hayat]: Do you believe that it is possible for a superpower to commit such terrible mistakes?

[Chalabi]: Yes, very possible.

[Al-Hayat]: If you want to describe George Bush, then how would you describe him?

[Chalabi]: A man with very little skill and knowledge.

[Al-Hayat]: He did Iran a great service by toppling Saddam?

[Chalabi]: Iran benefited from toppling Saddam. Bush didn’t mean to do it a favor but it was clear that Iran would benefit from Saddam’s fall. I am convinced that Saddam would not have fallen except for an implicit agreement between America and Iran.

But my favorite part is where Ahmed Chalabi takes credit for getting George Tenet fired.

[Chalabi]: I accused the director of the CIA George Tenet and I said that he was behind the [May 2004 raid on Chalabi’s compound] despite the fact that I received a letter through one of my friends that stressed that I shouldn’t attack the CIA. When Tenet was ousted 10 days later, Hillary Clinton, a senator at the time, said that Ahmad Chalabi was behind Tenet’s dismissal. When I was asked about this, I answered: I am in Al-Najaf, how could I oust him?

Not that I disbelieve Chalabi had a part (though remember that Chalabi ally Dick Cheney had other reasons to want to take Tenet out in the days after he got questioned in the Plame leak).  I’m just amused that the notion that Chalabi could get the Director of CIA fired is plausible enough for this consummate fraudster to claim.

Dana “Pig Missile” Perino to Do Crisis Communications for AIG?

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Hiring someone who doesn’t know the difference between the Bay of Pigs and the Cuban Missile Crisis to do crisis communications for big evil corporations?

I’ve got a feeling this may end badly. But we might get some laughs along the way.

The Dead-Enders Do Dallas

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There are two notable details about this article on the reunion of the Bush dead-enders in Dallas to plan W’s legacy.

Dick Doesn’t Do Dallas

The first is the absence Peter Baker does note; apparently, Dick’s not doing Dallas.

Not coming to next week’s session is former Vice President Dick Cheney, who in the final days of the administration argued with Mr. Bush about his failure to pardon Mr. Cheney’s former chief of staff, I. Lewis Libby Jr., who was convicted of perjury and other counts for his role in the leak of Valerie Wilson’s employment with the Central Intelligence Agency. Mr. Cheney later went on television to air his grievances with Mr. Bush, while also accusing Mr. Obama of endangering the country.

That is an approach Mr. Bush has rejected, telling aides that for now he is intent on giving his successor room to govern without criticism from him. Besides, he says, he is too busy in his own new life.

While I’m all in favor of flogging the "Cheney in a huff over Scooter" story (maybe it’ll spark some interest in why Cheney feels so strongly?), Cheney’s absence is more interesting, IMO, given his apparently recent decision to keep his records–and the loot he received as gifts while serving as the Fourth Branch–in the National Archives in DC rather than in the Bush Library.

Last fall, an architect for Bush’s library indicated that Cheney’s records and artifacts would be coming soon, but that apparently was a mix-up. Cheney wants them to remain in Washington as he writes his memoirs.

[snip]

During talks last year, the National Archives suggested that Cheney’s artifacts – like a set of gold Murano glass candlesticks and bowls from Italian Prime Minister Silvio Berlusconi – be sent to the Bush library. That way they could be displayed with Bush’s items, including the 9 mm pistol that Saddam Hussein held when captured by American soldiers in Iraq.

"The VP preferred to have the VP artifacts remain with the records," said Sharon Fawcett, assistant archivist for presidential libraries.

Plans for the Bush library at SMU include space for new collections, including Cheney’s archives. His official and personal records would need an estimated 6,000 cubic feet, according to the National Archives.

Last fall, e-mails between Bush architects and the archives, which ensures that the library meets federal standards, signaled that Cheney’s records would be coming to Dallas.

Read more →