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Who Watched the Torture Tapes?

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As a number of you have pointed out, DOJ just informed the ACLU and Judge Alvin Hellerstein that CIA destroyed 92 tapes showing torture.

In the meantime, the CIA can now identify the number of videotapes that were destroyed, which is information implicated by [Hellerstein’s order that ACLU gets information responsive to its FOIA request]. Ninety-two videotapes were destroyed. 

Once McCaffrey the MilleniaLab and I go for a walk, I’m going to follow-up to see whether those 92 tapes all came from Abu Zubaydah and al-Nashiri’s torture (remember–original reports said there had been thousands of hours of videotape) or whether the torture tapes of different detainees were included.

Just as interesting (particularly in light of the goings on in the al-Haramain case), is the list of information that the ACLU will shortly be getting (the CIA wants this week to put together a schedule for turning over the information). That includes:

  • A copy of the CIA Office of Inspector General’s Special Review Report–a redacted copy of which had previously been supplied to the ACLU–with the details regarding the torture tapes un-redacted.
  • A list identifying and describing each of the destroyed records.
  • A list of any summaries or transcripts describing the destroyed records’ content.
  • Identification of any witnesses who may have viewed the videotapes or retained custody before their destruction.

Note, they are warning that they will protect CIA identities wrt that last bullet. But we may get the names of other people (I’m curious whether Cheney, David Addington, or John Yoo might be among them) who had viewed the torture tapes.

And this is perhaps the most interesting bit:

The CIA intends to produce all of the information requested to the Court and to produce as much information as possible on the public record to the plaintiffs.

Watch out below, because I think this dam may well break.

Obama’s Response to the al-Haramain Smack-Down? Cheneyesque Reasoning

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The Executive Branch’s Cheneyesque claim that it has a stranglehold on classified information is crumbling around Cheney’s rancid flesh.

Courts Get to Determine Classified Information for Their Trials

First there was the ruling, earlier this week, in the AIPAC case, which imagined mere jurors–as distinct from elites like Cheney–could determine what counted as classified information.

Now the interesting thing here is that the court is accepting that classified information, whether or not it ought to be classified, and whether or not it will necessarily harm the United States if made public, is not the exclusive domain of the Executive, but may be intruded upon by the court.

Or, as the al-Haramain lawyers described it in their brief to the 9th Circuit, Courts get some say over what is classified.

A new decision further confirms 1 Judge Walker’s authority to allow plaintiffs’ counsel to use a redacted version of the Sealed Document to demonstrate standing. In United States v. Rosen, No. 08-4358, 2009 WL 446097, at *6 (4th Cir. Feb. 24, 2009), the Fourth Circuit held that, in proceedings under the Classified Information Procedures Act to determine whether classified evidence was relevant and admissible, the district court did not abuse its discretion in determining the extent to which the evidence should be redacted. Similarly here, Judge Walker has discretion to make that determination.

(Someone’s been reading their bmaz.)

Lawyers Get to See Classified Information Their Clients Need for Their Defense

Then, in a ruling that came out earlier this week, Judge Gladys Kessler held that a person with active concerns (not just a legal case, but also an OIG investigation) must be able to share classified information with his lawyer, even if the executive branch tries to prevent that. 

So the whole principal, cherished by Dick Cheney and David Addington as if it were their own children, that the Executive gets ultimate say over what is and what is not classified is crumbling.

Back to al-Haramain: Obama Argues against Article III Review

And in that environment, just hours after the Appeals Court ruled that Judge Walker can review the wiretap log that says al-Haramain was illegally wiretapped to affirm that is the case, the Obama/Dead-Enders are back, trying to prevent Judge Walker from deciding how to deal with classified information going forward.

Read the whole thing. Read more →

Hey FBI?!? Who Put the Tin in Your Anthrax?

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Last we heard from the FBI’s not-so-smoking gun in the anthrax case, USAMRIID admitted that they had no idea what kind of flasks of anthrax and other microbes its scientists had hidden around their labs, basically shredding the FBI’s claim that the anthrax used in the attacks on Congress and the Press could only have come from Bruce Ivins’ flask.

Now, we learn that the supposedly exact match between Ivins’ anthrax and that used in the attacks was not so close. (h/t fatster)

At a biodefence meeting on 24 February, Joseph Michael, a materials scientist at Sandia National Laboratories in Albuquerque, New Mexico, presented analyses of three letters sent to the New York Post and to the offices of Senators Tom Daschle and Patrick Leahy. Spores from two of those show a distinct chemical signature that includes silicon, oxygen, iron, and tin; the third letter had silicon, oxygen, iron and possibly also tin, says Michael. Bacteria from Ivins’ RMR-1029 flask did not contain any of those four elements.

Two cultures of the same anthrax strain grown using similar processes — one from Ivins’ lab, the other from a US Army facility in Utah — showed the silicon-oxygen signature but did not contain tin or iron. Michael presented the analyses at the American Society for Microbiology’s Biodefense and Emerging Diseases Research Meeting in Baltimore, Maryland.

The chemical mismatch doesn’t necessarily mean that deadly spores used in the attacks did not originate from Ivins’ RMR-1029 flask, says Jason Bannan, a microbiologist and forensic examiner at the FBI’s Chemical Biological Sciences Unit in Quantico, Virginia. The RMR-1029 culture was created in 1997, and the mailed spores could have been taken out of that flask and grown under different conditions, resulting in varying chemical contents. "It doesn’t surprise me that it would be different," he says.

The data suggest that spores for the three letters were grown using the same process, says Michael. It is not clear how tin and iron made their way into the culture, he says. Bannan suggests that the growth medium may have contained iron and tin may have come from a water source.

There are a couple of reasons why this damages the FBI operative story implicating Ivins. 

First, their chronology completely depends on Ivins’ late night work in his own lab at Ft. Detrick and assumes he was working from the "smoking gun" flask directly. Yet if the anthrax shows traces of Read more →

Scott Shane’s Love Affair for Dick Cheney and Kit Bond

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The NYT’s Scott Shane presents what pretends to be a comprehensive review of the options for some kind of investigation into Bush era crimes. He reviews four options–a criminal investigation akin to Lawrence Walsh’s Iran-Contra investigation, a congressional investigation akin to the Church Committee, a bipartisan investigation akin to the 9/11 Commission, and nothing aside from currently investigations like the OPR review of Yoo’s and Bradbury’s advocacy on torture.

But there are two very disturbing aspects to his story. 

First, in a review of options for holding what we all know to be Dick Cheney responsible for shredding the Constitution, why would you present such a selective picture of Dick’s own history with efforts to hold Presidents responsible for violating the law?

Many Republicans, however, say the lofty appeals to justice and history mask an unseemly and dangerous drive to pillory the Bush administration and hamstring the intelligence agencies.

That was precisely the view of an aide in Gerald Ford’s White House named Dick Cheney when a Senate committee led by Frank Church of Idaho looked into intelligence abuses in the mid-1970s. A quarter-century later, as vice president, Mr. Cheney would effectively wreak vengeance on that committee’s legacy, encouraging the National Security Agency to bypass the warrant requirement the committee had proposed and unleashing the Central Intelligence Agency he felt the committee had shackled.

[snip]

But some Republicans saw Mr. Church as a showboat and his committee as overreaching. To Mr. Cheney, the Church legacy was a regrettable pruning of the president’s powers to protect the country — powers he and Bush administration lawyers reasserted after the Sept. 11, 2001, attacks.

Shane’s claims about Cheney’s views are odd. He bases his characterization on no quote from Cheney, though many are readily available. And his first description–the claim that Cheney’s "precise view" of the Church Committee was that it was really about an "unseemly and dangerous drive to pillory the [Nixon?] administration and hamstring the intelligence agencies"–seems to contradict his later more accurate claim that Cheney believed the Church committee improperly constrained Presidential powers. Which is it? A personalized attack against one administration and the targeting of intelligence professionals or an attack on Presidential power? Or is Shane suggesting that Cheney’s view of any investigation now would be an attempt to pillory the Bush/Cheney Administration, which is a different stance than his prior position regarding investigations of Presidents?

Read more →

Hey Andy? What About Dick’s Breach of Etiquette?

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Andy Card is deeply offended that Barack Obama works in shirt sleeves, and not a coat and tie.

"There should be a dress code of respect," Card tells INSIDE EDITION. "I wish that he would wear a suit coat and tie."

[snip]

"The Oval Office symbolizes…the Constitution, the hopes and dreams, and I’m going to say democracy. And when you have a dress code in the Supreme Court and a dress code on the floor of the Senate, floor of the House, I think it’s appropriate to have an expectation that there will be a dress code that respects the office of the President."

I agree with dakine that it is preferable to have a President, in shirt sleeves, working to protect the Constitution, rather than thugs in suit and tie, shredding it.

For myself, if I have a choice of an administration where everyone wears suits and ties and are all buttoned up while they destroy the country and the Constitution (but they look professional while doing so!) or an administration that takes off their coats and gets to work and actually does something to benefit most of the country, I will choose the latter hands down every time.

But I’m also wondering about Card’s misplaced focus on etiquette. Here he is, beating up Obama for his dress code, and ignoring a gross breach of etiquette–one that probably puts our country at some risk, in that it fosters gross insuburdination. As Lawrence O’Donnell explains to David Shuster, former Administration officials simply do not criticize the capabilities of their successors. It is not done.

No former Vice President has ever questioned the ability of the current Administration to protect the United States. This is something for which unprecedented is a mild word.

Yet somehow, Andy Card is able to overlook Cheney’s gross breach of etiquette even while bitching about Obama’s shirt sleeves.

The Only Picture on Dick’s Wall

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I hate to keep harping on Politico’s blowjob for Cheney. But I’ve been obsessing all morning by this picture accompanying the story, showing the sole picture hanging on the wall of Cheney’s office (click to enlarge; the other Politico pictures show a lot of family pictures on furniture, but this appears to be the only one on the wall).

How odd, first of all, that an article trying to redeem the Bush-Cheney failed presidency gives pride of place to an earlier historically unpopular President, Gerald Ford. And how odd that this picture accompanies this statement–highlighted by Peterr. 

Not content to wait for a historical verdict, Cheney said he is set to plunge into his own memoirs, feeling liberated to describe behind-the-scenes roles over several decades in government now that the “statute of limitations has expired” on many of the most sensitive episodes. [my empahsis]

See, I’m interested in Cheney’s focus on statute of limitations and on that picture for several different reasons.

Cheney talks about statutes of limitations going back decades. But of course, the ones that would be expiring now would be those for crimes he committed (he seems to be admitting) during the Bush Administration–those crimes committed about five years ago, in many cases.

A number of smart lawyers have been reminding me via email of late that, while the statute of limitations on things like FISA violations may be expiring in the coming weeks, the statute of limitations on any conspiracy to cover up those crimes would not expire until the conspiracy to cover-up those crimes was over. 

Except.

Except that that is only true for as long as Bush and Cheney tried to hide their crimes from law enforcement. You know–from people over at DOJ like Alberto Gonzales and John Ashcroft. If, for example, Cheney ordered the future AG to go to then-current AG John Ashcroft and tell him they were going to violate FISA even though Jim Comey told them not to, then they couldn’t very well be accused of covering up the crime from DOJ, could they? Keeping DOJ in the loop at each stage of the process seems to innoculate the White House–to some degree–from this kind of cover-up charge.

Maybe the smart lawyers can explain in comments how this works. Read more →

Fellatio for Cheney from the Politico

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picture-80.thumbnail.pngI guess it’s no surprise that Dick Cheney chose Pool Boy and his two sidekicks, John Harris and Mike Allen, for his first propaganda piece after stepping down as Vice President. And it was a good choice for Cheney, as they apparently assiduously avoided any of the questions that Cheney ought to be asked.

For example, when Cheney asserted,

Protecting the country’s security is “a tough, mean, dirty, nasty business,” he said. “These are evil people. And we’re not going to win this fight by turning the other cheek.”

Real journalists might have asked, "then why the fuck didn’t we finish the job in Afghanistan rather than turning our attention to a war of choice in Iraq?"

Similarly, when Cheney said,

*The potential consequences of $1 trillion in deficit stimulus spending: “It’s huge, obviously – potentially huge. You worry about what ultimately happens to inflation. You worry about what’s going to happen to the ability of the government to borrow money. … I’m nervous.”

Real journalists might have asked why Cheney showed no concern when he was racking up $1 trillion (and counting) of deficit spending for the aforementioned war of choice in Iraq. For that matter, real journalists might even have asked what happened to Cheney’s claim that "Reagan proved deficits don’t matter," now that he’s out of office.

But I suppose it would take more than a real journalist–it would take a DFH blogger, most likely–to point out that, in fact, many people did foresee the colossal fuck-up the Bush Administration was making of the economy.

*Whether the Bush administration should have done more about the economy: "We did worry about it, to some extent. … I don’t think anybody actually foresaw something of this size and dimension occurring. It’s also global. We only control part of the world economy – a very important part."  

The article ends by quoting Liz Cheney teasing her dad that he doesn’t need a press aide–he can do it on his own. And I guess, given that he did such a good job of arranging a fluffer designed to attack Obama some more for reversing Dick’s failed policies–Liz Cheney has it about right. 

Is Cheney Behind the Attack on Obama’s Plans to Withdraw from Iraq?

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picture-80.thumbnail.pngA number of people have pointed to this important Gareth Porter article describing an insubordinate attack on Obama’s plan to withdraw from Iraq in 16 months.

A network of senior military officers is also reported to be preparing to support Petraeus and Odierno by mobilizing public opinion against Obama’s decision.

[snip]

The source says the network, which includes senior active-duty officers in the Pentagon, will begin making the argument to journalists covering the Pentagon that Obama’s withdrawal policy risks an eventual collapse in Iraq. That would raise the political cost to Obama of sticking to his withdrawal policy.

If Obama does not change the policy, according to the source, they hope to have planted the seeds of a future political narrative blaming his withdrawal policy for the "collapse" they expect in an Iraq without US troops. 

One aspect of the article has been underplayed in coverage of this insubordination: the centrality in this plot of Jack Keane.

The opening argument by the Petraeus-Odierno faction against Obama’s withdrawal policy was revealed the evening of the January 21 meeting when retired army General Jack Keane, one of the authors of the Bush troop-surge policy and a close political ally and mentor of Petraeus, appeared on the "Lehrer News Hour" to comment on Obama’s pledge on Iraq combat troop withdrawal. 

[snip]

Keane, the army vice chief of staff from 1999-03, has ties to a network of active and retired four-star army generals, and since Obama’s January 21 order on the 16-month withdrawal plan, some of the retired four-star generals in that network have begun discussing a campaign to blame Obama’s troop withdrawal from Iraq for the ultimate collapse of the political "stability" that they expect to follow the US withdrawal, according to a military source familiar with the network’s plans. 

But what really hasn’t gotten enough attention, IMO, are the ties between Keane and Dick Cheney.

Ever since he began working on the troop surge, Keane has been the central figure manipulating policy in order to keep as many US troops in Iraq as possible. It was Keane who got Vice President Dick Cheney to push for Petraeus as top commander in Iraq in late 2006 when the existing commander, General George W. Casey, did not support the troop surge. 

Now, as Porter suggests,  Keane’s role in the surge and his relationship with Cheney is best chronicled in Woodward’s most recent book. Read more →

Is Cheney Behind the Attack on Obama's Plans to Withdraw from Iraq?

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picture-80.thumbnail.pngA number of people have pointed to this important Gareth Porter article describing an insubordinate attack on Obama’s plan to withdraw from Iraq in 16 months.

A network of senior military officers is also reported to be preparing to support Petraeus and Odierno by mobilizing public opinion against Obama’s decision.

[snip]

The source says the network, which includes senior active-duty officers in the Pentagon, will begin making the argument to journalists covering the Pentagon that Obama’s withdrawal policy risks an eventual collapse in Iraq. That would raise the political cost to Obama of sticking to his withdrawal policy.

If Obama does not change the policy, according to the source, they hope to have planted the seeds of a future political narrative blaming his withdrawal policy for the "collapse" they expect in an Iraq without US troops. 

One aspect of the article has been underplayed in coverage of this insubordination: the centrality in this plot of Jack Keane.

The opening argument by the Petraeus-Odierno faction against Obama’s withdrawal policy was revealed the evening of the January 21 meeting when retired army General Jack Keane, one of the authors of the Bush troop-surge policy and a close political ally and mentor of Petraeus, appeared on the "Lehrer News Hour" to comment on Obama’s pledge on Iraq combat troop withdrawal. 

[snip]

Keane, the army vice chief of staff from 1999-03, has ties to a network of active and retired four-star army generals, and since Obama’s January 21 order on the 16-month withdrawal plan, some of the retired four-star generals in that network have begun discussing a campaign to blame Obama’s troop withdrawal from Iraq for the ultimate collapse of the political "stability" that they expect to follow the US withdrawal, according to a military source familiar with the network’s plans. 

But what really hasn’t gotten enough attention, IMO, are the ties between Keane and Dick Cheney.

Ever since he began working on the troop surge, Keane has been the central figure manipulating policy in order to keep as many US troops in Iraq as possible. It was Keane who got Vice President Dick Cheney to push for Petraeus as top commander in Iraq in late 2006 when the existing commander, General George W. Casey, did not support the troop surge. 

Now, as Porter suggests,  Keane’s role in the surge and his relationship with Cheney is best chronicled in Woodward’s most recent book. Read more →

Crappy Record-Keeping: A Feature, Not a Bug

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Catalog of records the Bush Administration kept in such disorganized fashion that no one could reconstruct WTF BushCo had been doing on that subject:

(What am I missing?)

You see, historically, authoritarians usually happen to be superb record-keepers. That has been their undoing, once historians got to them. One thing the Bush fuckers got right (from their perspective, mind you) was to avoid leaving usable records.