Were They Bypassing Gonzales, Too?

Marty Lederman points to this excerpt from Jack Goldsmith’s book at Slate. Goldsmith explains he only saw Alberto Gonzales disagree with David Addington once–and that Bush ended up siding with Addington.

Addington’s hard-line nonaccommodation stance always prevailed when thelawyers met to discuss legal policy issues in Alberto Gonzales’ office.During these meetings, Gonzales himself would sit quietly in his wingchair, occasionally asking questions but mostly listening as thequerulous Addington did battle with whomever was seeking to "go soft."It was Gonzales’ responsibility to determine what to advise thepresident after the lawyers had kicked the legal policy matters around.But I only knew him to disagree with Addington once, on an issue Icannot discuss, and on that issue the president overruled Gonzales andsided with the Addington position.

Logically, Goldsmith suggests that Addington literally always prevailed in these discussions. In the nine months or so Goldsmith attended these meetings, Gonzales only advised a position Addington didn’t support once. And Addington still won that battle.

This suggests Addington–or more likely Cheney–was able to present his view to Bush directly. Which suggests that, in this case, at least, Gonzales’ purported role as a filter on these legal decisions was illusory.

And boy would I like to know what the subject Read more

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Yet Another Whine about a Report Card

No, seriously. The GAO’s report on DHS is really important evidence that Bush has done very little to make this country more safe. But I’m most struck by the fact that the DHS people quoted are making exactly the same complaint the military did last week, when GAO reported that Iraq has met few of its benchmarks (for the record, DHS seems to be doing somewhat better than Iraq, making at least moderate progress in 6 of 14 benchmarks, whereas Iraq has made at least moderate progress in 7 of 18.

Then again, Iraq has a civil war raging

Both agencies, however, are complaining that the GAO is being unfair because it dares to give failing grades, because it refused the change failing grades, and because it used outdated reports largely because the agency in question wouldn’t give GAO the current ones. Here’s the DHS hack:

DHS Undersecretary for Management Paul A. Schneider said that the GAOshould have graded the department higher on 42 of 171 directives. TheGAO relied on a flawed methodology that "fails to accurately reflectthe Department’s progress in many specific program areas," he said in aformal 42-page response.

Schneider also said investigators relied on outdated reports, appliedvague, shifting and inconsistent grading standards, and set up anunfair, "pass-fail" approach to assessing a spectrum of progress thatshould be expected to take many years.

"The GAO Report treats all of the performance expectations as if theywere of equal significance," Schneider said. "In contrast, theDepartment uses a risk-based approach to consider its overallpriorities," adding that the DHS has met 37 of 50 objectives insecuring transportation modes, which were targeted in the 2001 attacks.

And here’s the Administration on its Iraq benchmarks.

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Somebody to Fire!!!!

I’m thrilled with the news that George Bush just gave Barry Jackson a promotion.

Yesterday, President Bush named Barry Jackson to be Peter Wehnher’s replacement to run the White House Office of Strategic Initiatives.Jackson was the major White House strategist behind Bush’s failedSocial Security privatization ploy, and was one of the White Houseemployees discovered to be using RNC email accounts to e-mail an associate of disgraced lobbyist Jack Abramoff.

That’s because just about all the people involved in politicizing our government–Sara Taylor, Monica Goodling, Kyle Sampson, and, of course, Rove–have already left the Administration. So even if Scott Bloch’s Office of Special Counsel investigation into Hatch Act violations finds that the political briefings held throughout the government finds that those were, in fact, violations, there’s no real punishment, since the normal punishment is simply firing the person responsible.

So I’m glad for Jackson’s promotion. It’ll give us the satisfaction of firing somebody for treating our government like the Soviet state.

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Scottish Haggis and Wide Stance

Josh and his reader ask WTF is up with Arlen’s support for Larry Craig.

TPM Reader BR wonders about Arlen: "What the hell isSpecter thinking? Is he trying to destroy the Republican party? Nothingcould be worse for them then drawing this out or attracting any furtherattention to the situation. Or did Specter offer friendly encouragementnot thinking Craig would take him seriously? Certainly a bizarredevelopment. I hope he does reconsider though, and that LaRoccoforcibly removes him next year."

Hard to say.  I don’t think it could have been quite the misunderstanding theory BRbroaches. Because Specter did make a statement a couple days ago sayingthat he hoped Craig could fight the charges and be able to remain inthe senate. At the time it struck me as a bizarre comment — even byArlen Specter standards — because after all Craig had just resigned,or so we thought. But now it all fits together. What Specter wasthinking with regards to the GOP, that I really can’t say.

But, as Josh alludes, I think this is just more of Scottish Haggis’ typical behavior. Remember that when faced with a black or white decision on anything, Arlen always attempts to find some legal gimmick that will allow the issue Read more

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Tommy K’s Greek Vacation

As I suspected, Judge Burns was none too impressed that Tommy K’s daughter bought Phillip Halpern’s long-lost uncle’s house with the ensuing benefit to Halpern of precisely nada.

Halpern, who had last seen his uncle in 1999, said in court papers hehad no knowledge of the deal and did not benefit in any way from it,and removing him or the office was not warranted.

On that matter, Burns agreed. He said the claim of a conflictwas tenuous and could not serve as a basis for removing Halpern or theoffice.

So John Michael’s stated purpose for the motion to throw out his indictment has failed–Burns refused to throw out the indictment or even throw Halpern off the case. As to his probable intended purpose–to expose as much information about the shady crook that is Tommy K as possible to suggest there’s something fishy about his plea deal? That seems to be having more success.

Moreover, Granger said that Kontogiannis has been on vacation in Greecethis summer. Since pleading guilty, Kontogiannis has been free on abond, but surrendered his passport to federal authorities and wasallowed to travel out of the country only if accompanied by federalagents, or with their permission.

Burns seemed intrigued by that revelation, Read more

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“One Bomb Away”

Glenn highlighted a part of the Jeffrey Rosen on Jack Goldsmith article that I wanted to return to:

[Goldsmith] shared the White House’s concern that the Foreign IntelligenceSurveillance Act might prevent wiretaps on international calls involving terrorists.But Goldsmith deplored the way the White House tried to fix the problem, whichwas highly contemptuous of Congress and the courts. “We’reone bomb away from getting rid of that obnoxious [FISA] court,” Goldsmithrecalls Addington telling him in February 2004. [my emphasis]

Since I raised the question of why this piece got published early, I’ll point out one other timing detail.

The government just submitted a response to the ACLU’s motion to have the FISA Court’s two adverse rulings released. The whole debate is one that may free up documentation about the FISA program sooner rather than later, since the FISA Court technically owns the rulings in question, unlike almost all the other documents people have requested or FOIAed. The FISA Court is no doubt currently considering the government’s argument while it waits for the ACLU’s response, due on September 14.

You know–the FISA Court? The one Addington deemed "obnoxious"?

While I don’t think the ACLU motion is the reason for the early release of the Goldsmith article, I Read more

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How Long Has Gillespie Been Acting as White House Counselor?

First, a correction. I suggested the other day that Dick was one of the three people who voted not to keep Rummy when Bush took a show of hands on Rummy’s fate. But Cheney may not have been among those polled. The WaPo has a review of the book and the incident today, and Cheney is not among those named (though Abramowitz does not identify all of the votes).

For Canning Rummy
Josh Bolten
Andrew Card
Condi Rice
Ed Gillespie
Three more people

Against Canning Rummy
Bush
Rove
Stephen Hadley
One other, probably Cheney

But here’s what I’m really struck by. Ed Gillespie, right there among the paid Presidential advisors, casting a "can Rummy" vote.

I’ve been harping for some time on the problem with a big-time lobbyist entering the White House to take on the Counselor role. After all, when a guy had been lobbying for the telecom industry, a number of front organizations for corporate interests, and those student loan companies that are bankrupting our families, it suggests he might have divided loyalties when he enters the White House.

This anecdote shows that Gillespie had entered the White House in a substantive advisory role long before he stopped being paid by those corporate interests. Ed Gillespie was taking votes on personnel decisions Read more

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Condi, AIPAC, and the A1 Cut-Out

You’ll recall that the AIPAC defendants called Condi and Stephen Hadley to testify about how they routinely leak classified information. Well, the government claims that these two, at least, don’t have to testify.

 

Secretaryof State Condoleezza Rice and other senior intelligence officialsshould not be forced to testify about whether they discussed classifiedinformation with pro-Israel lobbyists, federal prosecutors argued in aclosed-door court hearing Friday.

Two former American IsraelPublic Affairs Committee lobbyists facing espionage charges havesubpoenaed Rice, National Security Adviser Stephen Hadley, DeputyNational Security Adviser Elliott Abrams and several others to testifyat their trial next year.

If their testimony is allowed by U.S.District Judge T.S. Ellis III, the trial could offer abehind-the-scenes look at the way U.S. foreign policy is crafted.

(Note, it’s unclear whether the government is claiming just Hadley and Rice don’t have to testify, or whether they’re making the same claim for the others who have been subpoenaed, including Richard Armitage and Anthony Zinni.)

Basically, the Administration is arguing it should be able to keep its strategy of using A1 Cut-Outs secret. By A1 Cut-Out, I’m referring to the Administration’s practice of leaking classified information to a journalist–usually at the NYT and, until she was gone, often to Judy Miller–who then publishes it on the front page of the paper. The Administration then points to that story, pretending that they don’t know the information remains highly classified. The Administration famously did this with the aluminum tubes story, but it comes in really handy when you’re trying to drum up wars against countries whose names have four-letters starting in "Ira."

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Tommy K’s Cooperation

I’m trying to pull together as many of the details in the new transcripts about how Tommy Kontogiannis has cooperated (I was going to spell it "kooperate") with the government. The information is actually conflicting–Tommy K wants to portray himself as a good American who was just seeking out powerful Congressman to give intelligence to. But the descriptions of the AUSAs and FBI agents of his cooperation in this matter make it sound like it’s a limited thing.

Here’s K’s description of his reasons for bribing Cunningham.

The Court: The only thing I have a question about is itsays that you believe Mr. Cunningham was in a position to do you somegood. Is that why you were involved in this? You hoped through hisofficial position as a U.S. Congressman that he could advance somepersonal interest of yours?

The Defendant: It was never personal interest, your Honor. Myinterest is United States, basically, and he was in a position that Icould reach and tell them information that I was gathering from allover the world.

The Court: What were you going to get out of this, Mr. Kontogiannis?

Mr. O’Connell: Can I have a moment, your Honor?

The Court: Yes. My question is, what did you hope to get out of all this?

The Defendant: From the first case to bring as much information as Icould to assist us, especially after the 2001 situation. Second, it isgood to have a powerful Congressman that if you ever need anything, youcan ask him to help you or assist you in something you might need.

The Court: That’s really what I am getting at. Did you believe thatyou were buying influence with someone who was in a position to helpyou by involving yourself in these things that have been recited today?

The Defendant: Definitely.

I’m going to come back to this passage–it really makes me wonder how many of the rest of the Congressmen on the House Intelligence Committee are getting bribes from people who want to "tell them information that I was gathering from allover the world." Porter Goss, of course, had to step down as DCI because of his ties to Cunningham’s corrupt buddies. And Rick Renzi has some legal problems of his own.

Now, Judge Burns describes K as either an informer or someone tied into an intelligence network (or likely, both). Exposure of his cooperation would endanger him and others.

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Seal-Fight in San Diego

There are two, related developments in San Diego (hat tip to ChrisC for her updates) in the Wilkes/Michael/Kontogiannis side of the Wilkes trial. First, the government has responded to John Michael’s attempt to throw out his indictment because of a weird connection between Tommy Kontogiannis and one of the prosecutors, Phillip Halpern. As I suggested in my post on this motion, I think Michael is more interested in exposing a bunch of details about Tommy Kontogiannis than he is optimistic about getting the case out thrown out.

I doubt the motion to have the charges dismissed (or even SD’s USAttorney office recused) will succeed. But I’m guessing the actualpurpose of this motion is to make public a great deal of information onKontogiannis to–at the least–completely discredit him as a witness.If not to bring public pressure to indict Kontogiannis for the othercrimes the government admits he has committed.

I’m guessing the government’s lawyers at least partially agree with my assessment, which I’ll discuss in more detail below.

The whole question is relevant to the other news in the trial–that the Appeals Court has ordered Judge Burns to unseal the redacted transcripts for the hearings on Kontogiannis’ plea deal. This actually seems like a victory for the government, because the Appeals Court,

… requires the district court to maintain under seal only the disputed portions of the sealed transcripts. The district court shall unseal the redacted transcripts submitted to the district court by the government on June 22, 2007.

In other words, the portions of the transcripts that the government wanted to retain under seal in June when this whole squabble started will remain under seal. Which means, if we’re going to get the really juicy details about Kontogiannis, we’re going to get them from Michael.

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