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David Iglesias Doesn’t Think Those Were Karl Rove’s “Official Duties,” Either

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iglesiasbook.jpgYesterday, I posted a YouTube from Governor Siegelman responding to my question about whether he thought Rove’s involvement in Siegelman’s prosecution could possibly be part of Rove’s "official duties," as Fred Fielding has claimed.

I asked David Iglesias the same question–whether he thought the activities that the House Judiciary Committee subpoenaed Rove about in May really pertained to Rove’s "official duties." Iglesias doesn’t seem to think those are Rove’s "official duties" either. He points out how dangerous Fred Fielding’s claim is:

Claiming that the performance of "official duties" includes possible unlawful or criminal activity sets a dangerous new precedent, namely that as long as an advisor works in the West Wing of the White House, they have carte blanche to engage in any possible activity without being subject to the rule of law.

Iglesias is right. My gripe with the "official duties" claim is that, in the Siegelman case (which was explicitly named in Rove’s subpoena), Rove’s actions might be legal, so long as they weren’t "official duties" (because then they’d become a massive violation of the Hatch Act). But in Iglesias’ case, the actions are, by themselves, probably obstruction of justice (not to mention another massive violation of the Hatch Act). The actions are, by themselves, probably illegal.

Yet, strictly by deeming those activities part of Rove’s "official duties"–with no sanction or review from DOJ–Fielding claims Bush can grant Rove Absolute Immunity from testifying before Congress.

That is a dangerous precedent indeed.

Bloch: Making Some Sense

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I’m going to revise what I said yesterday when I suggested there was no method to Scott Bloch’s madness. After reading the longer document summarizing the Office of Special Counsel’s Task Force investigations, several key patterns stick out:

  • For investigations pertaining to DOJ, the Task Force’s investigations got caught up in the turnover between Alberto Gonzales and Michael Mukasey
  • For the investigations pertaining to the politicization of federal agencies, the Task Force was presented with real jurisdictional issues that presented challenges for the inevstigation

This doesn’t mean Bloch is a particularly good manager or investigator. It appears, rather, that he got in over his head when he attempted to take on this high level investigation in May 2007 and, certainly by November 2007, had made these investigations personal.

Timing

The timing reflected in the document reveals some of the problems with the Task Force itself. It was formed in May 2007 to conduct larger investigations–primarily the politicization of government agencies (arising out of Henry Waxman’s own investigation of Lurita Doan), and the politicization of DOJ. Thus, it was started after both those events had significantly played out and (in the case of DOJ) many of the players had quit. The Task Force also inherited a couple of investigations started earlier–primarily an investigation into Rove’s travel started in March 2006.

That means the Task Force didn’t really get started until June 2007. On August 27, 2007, Alberto Gonzales resigned. Michael Mukasey was nominated on September 17, 2007, and approved by the Senate on November 8, 2007. Then this document was drafted on January 18, 2008. So what we’re seeing in the document–particularly as it relates to anything pertaining to DOJ–are the activities taking place after the trauma resulting from the USA Purge and through the period of transition between Gonzales and Mukasey. This explains at least some of the issues surrounding the investigations into DOJ.

For example, OSC had already begun an investigation into the Iglesias firing on May 4, 2007. Remember–that investigation was originally started because the Administration stated publicly that they fired Iglesias because he was an "absentee landlord" because he traveled so much in connection with his service in the Naval Reserve. Firing Iglesias for such a reason would violate the Uniformed Services Employment and Reemployment Rights Act, which prohibits firing a service member for absences due to military service. Somehow, by May 17, the newly-created Task Force was also investigating his firing as a possible Hatch Act violation, and by May 22, it was investigating the firing of all the USAs. So the OSC took an investigation over which OSC had clear jurisdiction and broadened it into one in which it didn’t.

As early as May 4 (that is, even before the Task Force was created), this investigation conflicted with DOJ’s joint Inspector General (OIG)/Office of Professional Responsibility (OPR) investigation into the firings. On May 4 and May 29, DOJ complained about jurisdictional issues, even involving unnamed people in Office of Legal Counsel (OLC).

Now, at this point, I don’t necessarily fault Bloch for pursuing this investigation. Alberto Gonzales was attempting to bury the investigation by giving OPR sole jurisdiction, meaning the investigators would report directly to him and not produce a public report. And given the crap that has come out of the Bush OLC, who knows what OLC was saying to Bloch to justify their argument that he should drop his investigation?

The problem, though, is that OSC only would have jurisdiction if Bloch could prove that an executive branch employee–as distinct from a legislative branch employee or a local politico–pressured the USAs to conduct politicized investigations. In other words, if it was clear that Monica Goodling was pressuring Iglesias et al to prosecute Democrats, then Bloch would have jurisdiction; but if Senator Domenici and Heather Wilson did so, Bloch wouldn’t have jurisdiction. And the only way Bloch might get evidence that executive branch employees were involved would be to get the kind of information that DOJ and–especially–the White House refused to turn over to Congress.

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Still Investigating Crimes Associated with the USA Purge

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Via Marty Lederman, an update on the investigation(s) into the USA Purge.

But recent behind-the-scenes activity in several investigations suggests that the issue that roiled Congress in 2007 could re-emerge in the heat of the election year. Two inquiries by the House and Senate ethics committees are examining whether several congressional Republicans, including one running for the Senate this year, improperly interfered with investigations.

As potent as the congressional probes might be, they appear to be far narrower than a sprawling inquiry launched by the Justice Department’s Office of Inspector General (OIG) and the Office of Professional Responsibility (OPR).

Investigators from these offices have been questioning whether senior officials lied to Congress, violated the criminal provisions in the Hatch Act, tampered with witnesses preparing to testify to Congress, obstructed justice, took improper political considerations into account during the hiring and firing of U.S. attorneys and created widespread problems in the department’s Civil Rights Division, according to several people familiar with the investigation.

It is mostly just a review. The two most interesting details I found were, firstly, the news that the House and Senate Ethics Committees were still pursuing this. That suggests that–as we suspected–Pete Domenici may well be leaving the Senate because he knows he broke the law when he tried to get David Iglesias fired for not indicting Democrats according to the election schedule. It also means Representative Heather Wilson will have some challenges as she runs for the Senate this year (the House inquiry will predictably lead nowhere, but if this report comes out before the election…). 

The other interesting detail is a partial list of those whom the OIG/OPR investigation have interviewed (including David Iglesias’ wife): Read more →