Travel Week

I’m off to the big city this week. As I previously noted, on Wednesday I will do a Nation event with Dan Rather and Jane Mayer.

The Nation presents a conversation on the future of news, featuring legendary newscaster Dan Rather, investigative reporter and best-selling author Jane Mayer, pioneering blogger Marcy Wheeler, and longtime editor and publisher–now publisher emeritus–of The Nation, Victor Navasky. Hosted by Katrina vanden Heuvel.

What will the media look like in five years? The discussion will explore the shape and consequences of fundamental shifts in the media landscape. There will also be ample time for audience questions. A cocktail reception with food will follow the discussion. Take this opportunity to hear from and meet some of the most influential journalists of our time.

Wed, Sep 23 at 7 pm
Leonard Nimoy Thalia
$200; Members $150; Day of Show $250

If you want to go, buy tickets in advance and use this code: RAC102 for half off the ticket price.

The rest of the week, I’m going to be in and out of the Clinton Global Initiative. I should get to see both Clinton and Obama speak, as well as that guy who won the most votes in 2000. 

And, if I can find CSPAN tomorrow and Wednesday, I’ll try to check in on the PATRIOT hearings (11AM Tuesday for HJC; 10AM Wednesday for SJC).

If nothing else, I’ll try to post pictures of all the muckety mucks in NYC this week.

Otherwise, you know the drill: bmaz will be raiding the liquor cabinet, you’ll all trash the place, but by the time I get back you’ll have managed to shampoo the carpets so I can pretend I don’t notice a thing.

No Investigation of Chris Christie for His Rove Chats

The Office of Special Counsel has announced that it will not investigate Chris Christie’s campaign discussions with Karl Rove since it couldn’t punish Christie even if it found wrong-doing (it’s only available punishment is termination).

The Office of Special Counsel says it won’t investigate because it has no authority to discipline Christie even if a violation were found. Christie resigned last year to run for governor.

I have asked CREW, though, whether they mentioned this little admission from Christie–that he has talked to still-serving AUSAs about working for him once he becomes Governor (presuming he wins).

You know, we’re going to ferret out waste and fraud and abuse in the government. I think you know I’ll do that better than anybody. I’ve got a group of assistant U.S. attorneys sitting down in Newark still doing their job. But let me tell you, they are watching the newspapers. And after we win this election, I’m going to take a whole group of them to Trenton with me and put them in every one of the departments because they saw a lot of waste and abuse being investigated while we were in the U.S. Attorney’s office that didn’t rise to the level of a crime. So I told them, the good news is, when we get to Trenton we don’t have to worry about beyond a reasonable doubt anymore.

It seems to me OSC ought to at least ask which AUSAs Christie spoke about this with–and whether those AUSAs are currently still employed at the US Attorney’s office.

No One Saw the Bybee One Memo, Either

One last detail from last years’ torture hearings before HJC. At the hearing with Daniel Levin, Keith Ellison asked whether, if someone relied on the Bybee One memo (the "organ failure" one), whether they could be prosecuted. 

Mr. ELLISON. Do you believe that the earlier memo gave license to people following its direction to engage in illegal techniques, interrogation techniques?

Mr. LEVIN. Well, it included a definition of torture that I frankly disagreed with and which would have, I think, allowed techniques that I would have concluded violated the statute. And it included this discussion of ways that you could overcome the statute, even if it applied and otherwise would have been violated.

Mr. ELLISON. So if somebody were to rely on that memo, the earlier memo, they would have been violating the law intentionally?

Mr. LEVIN. If somebody relied on the first part of that memo and went up to the limits of what it allowed, in my view they would be violating the law.

Now, again, maybe I am wrong and the earlier memo is correct. If somebody relied on the other constitutional overrides of these defenses, in my view they might well have been violating the law. It obviously would depend on the circumstances.

Mr. ELLISON. Did that ever happen?

Mr. LEVIN. I don’t know. I don’t know. I know there have been lots of investigations into sort of how things ended up happening and who was relying on what. My understanding was that that memo was very—was not broadly circulated. And so I don’t know whether people who were engaging in any conduct were even aware of the memo, let alone relying on it. [my emphasis]

Levin reports–about the Bybee One memo–something similar to what we’ve heard about the Bybee Two memo: that not many of the torturers had seen the document.

Beyond that, officials said it wasn’t clear that any CIA interrogators were ever informed of the limits laid out in the Justice Department memo.

"A number of people could say honestly, correctly, ‘I didn’t know what was in it,’ " said a former senior U.S. intelligence official familiar with the inner workings of the interrogation program.

So if both these reports are correct, then the torturers can’t claim to be relying on the Bybee One memo, nor can they claim to be relying on the Bybee Two memo. 

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Why Are Jersey Cops Changing Accident Story 7 Years after the Fact?

The latest news from Chris Christie’s crappy driving record is that the story he has told about a second traffic mishap is falling apart. He maintains he was heading to a local prosecutor’s swearing in ceremony.

Christie said he was heading to [Union County Prosecutor Theodore] Romankow’s swearing-in ceremony at the time of the accident, but could not remember where he was coming from. He said he also couldn’t recall how he got to the ceremony after the car was totaled.

But the cops are now saying–after having originally corroborated this story–that Christie was headed away from this swearing-in ceremony.

Elizabeth police today adjusted their account of the July 26, 2002 incident. Police Director James Cosgrove said Christie was on his way from — not on his way to — the swearing-in of Union County Prosecutor Theodore Romankow when the accident occurred around 5:30 p.m.

Now, it may be this is just real confusion. Or maybe the cops figured out the timing didn’t work out the way the story was originally told. Or maybe there was a reason–back in the day–to claim to be heading to rather than away from these things (do they serve cocktails after prosecutors get sworn in?).

But Christie’s stories do have a way of falling apart. 

Christie Sued for Accident with Motorcyclist

I wasn’t all that interested in the news that Chris Christie knocked over a motorcyclist when driving the wrong way up a one way street–I’m more interested in doing the math to figure out whether he used his position to get the later accidents pled down in a successful effort to keep his license.

But the news that the cyclist Christie hit sued is noteworthy. (h/t scribe)

The motorcyclist was riding down Clinton street ( the right way ) and when he saw Christie in the intersection, the bike fell on its side and slid into Christie’s car, according to the accident report filed by the officer on the scene.

Mendonca was injured and taken by ambulance to the hospital. Not nearby Trinitas, but UMDNJ in Newark which has a trauma center. 

[snip]

We asked Christie about the accident in Atlantic City Friday and he was very curt with his answers. NJN South Jersey Bureau Chief Kent St. John asked if there was a lawsuit. Christie said “no” then “nope.”

But actually there was. According to the Superior Court Record Center in Trenton, Mendonca filed suit in 2004. The complaint filed in Essex County was later dismissed, indicating ( according to the Clerk ) an out of court settlement.

Hey, I would sue, too if I were put in the trauma ward by some bozo driving the wrong way down a one way street. I would settle, too, if I were a politico hoping to run for Governor.

But I probably wouldn’t lie about it when asked. 

Is All This about C Street?

I’m curious. Is all the language Mark Sanford uses about God wanting him to remain Governor about C Street?

He’s using the language of the Chosen and–in a state that can match him for fundie cred (or, for those who haven’t admitted adultery, exceed him)–he’s saying his God knows better than others’ God.

Embattled South Carolina Gov. Mark Sanford acknowledged Tuesday that he has been shaken by the failure of a single fellow Republican to back him in his fight to save his job, but vowed to fight on for conservative causes and for "what God wanted me to do with my life." 

[snip]

He said he intends to complete his term, not to hold on to power but to fight for conservative principles of governance.

"I feel absolutely committed to the cause, to what God wanted me to do with my life," he said in an interview. "I have got this blessing of being engaged in a fight for liberty, which is constantly being threatened."

 Plus, the conflation of "liberty" with "God" seems like solid C Street propaganda.

I’m wondering whether Sanford is refusing to step down because the powers he must answer to–as distinct from SC’s Republican party–have told him to stand his ground.

As Justice Stevens Winds Down, Will Obama Continue SCOTUS Trend To The Right?

From Yahoo News, we hear rumblings Justice John Paul Stevens may be winding down his time on the Supreme Court Bench:

Supreme Court Justice John Paul Stevens has hired fewer law clerks than usual, generating speculation that the leader of the court’s liberals will retire next year.

If Stevens does step down, he would give President Barack Obama his second high court opening in two years. Obama chose Justice Sonia Sotomayor for the court when Justice David Souter announced his retirement in May.

Souter’s failure to hire clerks was the first signal that he was contemplating leaving the court.

Stevens is 89 years old and has been sitting with the Supremes for nearly 34 years; it has been a long and remarkable run. And the article, and the sources quoted therein are quite correct, while certainly not definitive, this augurs very much in favor of the thought that Stevens intends to step down at the end of the upcoming term. There is a pattern and flow of such things as clerk hiring in the Federal appellate bench, and this is very telling.

Sadly, whether it is at the end of this term or next, or god forbid an unplanned event in the interim, it is quite clear that Justice Stevens is nearing the end of his storied stay, and it is time to talk about what person and what ethos will take his place and maintain into the indefinite future. The Supreme bench has been moving ever to the right ideologically for a some time now, and it took another incremental step in that direction with President Obama’s appointment of Justice Sotomayor to replace the departed David Souter.

Whatever opinion one has of Justice Sotomayor, there is simply no way possible to view her elevation to the Supreme Court as doing anything substantive to stanch the rightward flow of momentum on the Supreme Court. And therein lies the concern with what President Obama will do as far as Justice Stevens’ eventual replacement. Quite frankly, Obama ran on a platform of undoing the wingnutting of the Federal Courts, but so far has done nothing to rebalance the equilibrium they once enjoyed.

As to the Supremes, neither the progressives nor the Democratic party as a whole should stand for another conservative centrist pick from President Obama. The only thing controversial about Sotomayor was that she was a Hispanic woman, her Read more

Confirmed: 7 People, One Kid’s Seat, 4-Door Car

Or at least that’s the story that Chris Christie has settled on to explain away his 2005 traffic stop.

Christie said that he had not identified himself as the U.S. attorney, but that a tow truck driver had recognized him. He was allowed to drive home to Mendham, about 44 miles away, because his four children were in the car, not because of his position, he said. [my emphasis]

But aside from apparently defying the laws of physics (not to mention laws pertaining to child restraints and seat belts), Christie’s story keeps getting muddier. There are the questions about whether Michele Brown was the one big-footing the US Attorney’s office with the traffic cops.

Christie also denied a report that Brown had gotten out of the car during the stop and flashed her badge.  

Add to that the fact that the police director who so helpfully explained, last week, that Christie was let go because his four kids were present has gotten all quiet.

For example, when I spoke to the prosecutor who handled the case for Lambertville he said he did not ever see the words “no deal” printed on the ticket. Well, it is clearly written there since the ticket was posted on politickernj. And normally cops write that when they have had an unpleasant encounter with a motorist.

I have also reached out the Lambertville Police Director. I was told he “wasn’t in” on Friday. And today I was told “he is no longer returning media calls.”

Maybe everyone else is beginning to recognize the rules of physics?

Well, the traffic stop is, in the grand scheme of things, pretty minor. But the Delayed Prosecution Agreements, whereby Christie funneled multi-million dollar contracts to one of the people the Bush Administration would like to keep wealthy and content, are not.

And on Christie’s DPAs too, his answers are not holding up. You’ll recall that Christie attended a rather contentious hearing on these issues in June, where he ultimately got up and walked out on Congress?  Well, now he’s trying to Cheney his way through Questions for the Record. As Congressman Steve Cohen writes in a letter asking for Christie to be more forthcoming regarding issues relating to the DPAs, 

So the manner in which you responded is particularly unsatisfactory. For all but two of the questions, you responded with a general assertion that the questions were answered in your oral and written testimony. At times Read more

TT: Are You Ready For Some Football??

Yep, it is that time of year again; football season is upon us. Not to mention that we are about to enter the stretch drive in MLB and the long summer break is over in F1. It has been a long week, starting with the IG Report release and ending with services for the Lion, Ted Kennedy. So, take yer shoes off, have a cocktail and let’s have some fun.

NFL: Well, here comes another season, and it looks to be a doozy. Seriously, so many teams have got people back, have added key parts, and gained exciting rookies through the draft; there is simply a lot of excitement all across the league. The following are some random highlights as I see them at this early and somewhat unclear vantage point. Let us start off with the team I predict will win the Super Bowl, and that would be the:

New England Patriots: This pains me a little because of the natural inter-blog rivalry. And hey, my local professional football team was actually in the Super Bowl more recently than the Pats. No matter. Listen, the Pats were 11-5 last year with no Tom Brady all season, no Roidney Harrison and a rushing attack led by Sammy Morris. Oh yeah, and they sported a quarterback that had not started a game since high school. Harrison is gone, but they now have the closest thing to Joe Montana as far as cool (and with a better arm) I have ever seen back in the saddle and raring to go, and they have added Fred Taylor, a back that can still run wild if you don’t run him down with overwork. And I still love the Law Firm. The defense looks healthier too. Oh yeah, and that Bill Belichick guy. and someone named Moss, Randy. The Pats are not the sexy darlings of the moment, but they don’t care. They are the best coached team in the league and they have Brady back. Look out.

Some quick hits on the rest of the AFC: I wonder how the Fish will make use of Pat White; I think the kid is a winner. The Bills have TO, but I just don’t see them going anywhere. The Jets are a tough call. They really could be pretty tough if they run (love rookie pick up Shonn Greene, getting him and Read more

Weight: —

picture-129.pngOkay, this may appear to be really catty, but I’m doing it to make a point, so bear with me.

How does a guy who is large enough such that the cops stopping him for multiple traffic violations didn’t write his weight on the ticket fit into what appears to be a sedan with his wife, his four kids (one of whom–now 5–would have been in a car seat in 2005) and one of the AUSAs who works for him? 

Because that appears to be the story Chris Christie is now telling about his traffic stop in 2005.

The reason the cops now give for letting Christie drive away in an uninsured, unregistered vehicle is that he had his kids with him.

[Lambertville Police Director Bruce] Coccuzza says, "He indentified himself."

Why was Christie allowed to drive away despite having no proof of insurance and no valid registration card? Coccuzza says, "He said he had insurance and he’s a person that produced federal I.D. credentials so you could probably assume that what he was saying was the truth……..is it consistent with the policy? No, but you do have special circumstances."

Coccuzza says the "special circumstances" were Christie’s children in the car not his job title. He says the fact that Christie was U.S. Attorney probably didn’t even register with officer at the scene, "From what I recollect I think she (the officer) even said at the time, ‘If wasn’t for the fact that you had a car full of children this car would be towed.’"

Of course, they would presumably have already seen the kids when they called the tow truck, but set that aside for the moment.

I’m more interested in how seven people (presumably including at least one car seat) fit in in a 4-door car.

Now there are several possible explanations. Perhaps only some of Christie’s kids were with him. Perhaps they left the then-one-year old and the then-four-year old at home with a sitter and brought the then-eleven and then-nine year old. Perhaps the car was an SUV–a five door car that fits seven apparently described as a four door. 

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