THE WEBLOG OF KEVIN C. MURPHY: CONJURING POLITICAL, CINEMATIC, AND CULTURAL ARCANA SINCE 1999

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Karl: Get Iglesias.

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"'Under the Bush regime, honest and well-performing US Attorneys were fired for petty patronage, political horse trading and, in the most egregious case of political abuse of the US Attorney corps -- that of US Attorney Iglesias -- because he refused to use his office to help Republicans win elections,' Conyers said. 'When Mr. Iglesias said his firing was a 'political fragging,' he was right.'" The House Judiciary Committee releases the information they've collected on the US Attorney scandal, and -- hold on to your hats, people -- it looks like Karl Rove has been less than truthful with Congress about his role in the illegal firings. A huge surprise, I know.

So...are political firings and lying to Congress still against the law these days, or is the plan to treat these particular criminal offenses like we do torture? In the meantime, I'd expect Rove is on the phone right this very moment, imploring his good friends at FreedomWorks and the like to dial up the crazies for the next few news cycles.

Update: More comes to light on Harriet Miers' involvement as well.

"Rather than vengeance, we need a fair-minded pursuit of what actually happened." Judiciary Committee chairman Senator Patrick Leahy calls for a "truth commission" to investigate Dubya-era abuses. "'We need to be able to read the page before we turn the page,' Leahy said. 'We need to come to a shared understanding of the failures of the recent past." Ok, sounds grand...but perhaps we should stop perpetuating those abuses while we're at it.

The Axe Falls on Renzi.

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Speaking of Arizona Republicans in hot water, Rep. Rick Renzi is indicted on 35 counts of "conspiracy, wire fraud, money laundering, extortion and insurance fraud." Kicked off the House Intelligence Committee when news of his shadiness emerged in 2005, Renzi also played a role in the persecuted prosecutors scandal, when it came out that both he and former AG Alberto Gonzales had pressured the US attorney to hold fire on him.

In Contempt.

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At long last, some movement on the persecuted prosecutors front. As the Republicans walk out in a huff (after disrupting Tom Lantos' memorial service -- classy), the House votes to hold Harriet Miers and Josh Bolten in contempt of Congress. "The citations charge Miers with failing to testify and accuse her and Bolten of refusing Congress' demands for documents related to the 2006-2007 firings."

Mukasey Unleashed.

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"I think what I said was that we could not investigate or prosecute somebody for acting in reliance on a Justice Department opinion." The honeymoon is way over. In congressional testimony yesterday, Attorney General and theoretical straight-shooter Michael Mukasey announces he won't look into waterboarding, won't look into the warrantless wiretaps, and won't enforce the persecuted prosecutor contempt citations. His rationale for all this? If the Justice Department says it's ok, it's not illegal. "That would mean that the same department that authorized the program would now consider prosecuting somebody who followed that advice." Sigh...it's enough to make one miss Alberto Gonzales. Ok, not really.

Shame of the Nation.

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"Bush and Cheney are clearly guilty of numerous impeachable offenses. They have repeatedly violated the Constitution. They have transgressed national and international law. They have lied to the American people time after time. Their conduct and their barbaric policies have reduced our beloved country to a historic low in the eyes of people around the world. These are truly 'high crimes and misdemeanors,' to use the constitutional standard." Not to be lost in the New Hampshire shuffle: Former Senator and presidential candidate George McGovern makes the case anew for Dubya's impeachment.

Tortured Reasoning.

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"The grim truth is, not much has changed. The Bush administration continues to limit our basic freedoms, conceal its own worst behavior, and insist that it does all this in order to make us more free." As a follow-up to her 2006 list of civil liberties violations, Slate's Dahlia Lithwick surveys The Bush Administration's Top 10 Stupidest Legal Arguments of 2007.

Contempt for Karl.

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Remember the persecuted prosecutors? The Senate Judiciary does, voting 12-7 to hold Karl Rove and Josh Bolten in contempt of Congress. "Two Republicans, Arlen Specter and Charles Grassley, joined the committee Democrats in the contempt vote. Today's action means contempt citations are now pending in both the House and Senate."

In the big news this past week, the wheels continue to come off over at Team Dubya. First Karl Rove jumped ship. Then Tony Snow told us he'll be off soon to make some money. And now, at long last, Alberto Gonzales has announced his resignation as Attorney General. "[W]ithin the past week, Justice aides and other officials said, Gonzales concluded that his credibility with Congress, his employees and the public was so shattered that he could not promise to remain through the end of Bush's term, as the White House chief of staff had demanded of Cabinet officers." Well, that, and there's the matter of continuing investigations into Gonzales, which the Dems say will continue (and should, since there's solid evidence he's perjured himself.) At any rate, good riddance, Gonzales. Like too many Dubya appointments, you've embarrassed the nation, with your justifications for torture and illegal wiretapping as much as with your tortured evasions and denials. Frankly, this should've happened months ago.

In the Hands of Alberto.

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Would you want this man making a life-and-death decision for you? For some reason, embattled Attorney General Alberto Gonzales -- who hasn't been coming across as a model of competence lately -- is apparently about to receive expanded powers to fast-track state death penalty cases. "Kathryn Kase, a Houston lawyer who serves on the National Association of Criminal Defense Lawyers' death penalty committee, said the Justice Department's proposed regulations are 'severely lacking' because they do not provide enough oversight to ensure that defendants are receiving adequate legal counsel. 'In our judgment they allow states to...claim they have a capital representation case that is functional, when in fact it might not be functional at all,' Kase said. 'It may not prevent people from being wrongfully sentenced to death.'" The older I get, the worse the death penalty seems as public policy. Even the cruel and unusual aspect notwithstanding, it's arbitrary, it doesn't work as a deterrent, it's often racist. Add Gonzales' presumed oversight to the list of negatives.

Act like a pup...

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...and this is the treatment you should expect: Despite rolling over for Dubya on his formerly-illegal wiretaps, the Senate still put up a show of outrage after Karl Rove simply skips a Senate hearing on the persecuted prosecutors scandal. (Citing executive privilege once again, Dubya instead dispatched a lower-level flunkie, Scott Jennings, to the meet.) "The privilege claim can be challenged in court. But Specter has said the courts would be unlikely to resolve any challenge before Bush leaves office."

"With respect to the U.S. Attorneys, there has been, I think, a bit of a witch hunt on Capitol Hill as they keep rolling over rocks hoping they can find something," In an interview with Larry King, Cheney calls the persecuted prosecutor probe a "witch hunt," and defends loyal capo Alberto Gonzales as "a good man, a good friend, on a difficult assignment." (In another interview yesterday, he also claimed the Libby jury was wrong.) I doubt anyone really needs a credibility check at this point, but just in case: Cheney is also the guy who told us "we'd be greeted as liberators," the Iraq insurgency "is in the last throes," that "there is no doubt that Saddam Hussein has weapons of mass destruction" and is amassing them to use against" us, that the administration is learning "more and more" about pre-9/11 connections between Iraq and Al Qaeda, and that the evidence of said connections is "overwhelming." Simply put, Dick Cheney is an inveterate teller of untruths, and I wouldn't trust him to walk Berkeley at this point, much less run the country. Impeach him already. (Cheney pic via this post.)

But is he truthy?

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"'He's a slippery fellow, and I think so intentionally,' said Richard L. Schott, a professor at the University of Texas's Lyndon B. Johnson School of Public Affairs. 'He's trying to keep the president's secrets and to be a team player, even if it means prevaricating or forgetting convenient things.'" In a front-page story, the WP surveys Alberto Gonzales' decade-long history of evasions and forgetfulness at the service of Dubya: "Whether Gonzales has deliberately told untruths or is merely hampered by his memory has been the subject of intense debate among members of Congress, legal scholars and others who have watched him over the years. Some regard his verbal difficulties as a strategic ploy on behalf of a president to whom he owes his career; others see a public official overwhelmed by the magnitude of his responsibilities." So, liar or idiot...take your pick. (My money's on liar.)

Congress Pushes Back.

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"Congress will act to preserve and protect our criminal justice system and to ensure appropriate Congressional oversight in all areas essential to the well-being of the American people," House Speaker Nancy Pelosi (D-Calif.) said in a statement." Faced with continued White House stonewalling and armed with a new report that underscores the adminstration's malfeasance, the House Judiciary Committee issued contempt citations to former White House Counsel Harriet Miers and Chief of Staff Josh Bolten for their failure to honor House subpoenas on the persecuted prosecutors matter earlier this month. And, on the Senate side, Dems -- with a document trail on their side -- call for a perjury investigation into Attorney General Alberto Gonzales on the same day a subpoena is issued for consigliere Karl Rove. Dubya flunkies, meet the rule of law. Update: More grist for the perjury mill: FBI Director Robert Mueller contradicts Gonzales' prior testimony.

"'I think sometimes you've stepped on one side of the line and then not wanted to step on the other,' said Sen. Chuck Schumer, D-N.Y. 'This broad claim of privilege doesn't stand up.'" A belated persecuted prosecutor update: After Dubya apparatchik Sara Taylor's tortured performance before the Senate Judiciary Committee (which included lots of shaky claims of executive privilege, stories that don't hold up, and some rather depressing confusion over oath-taking), Dubya orders Harriet Miers not to testify, thus prompting the House to move forward on a contempt citation for Miers (and thus increasing the likelihood of a legal foray into the still-murky waters of executive privilege.) [Oath link via Medley.]

No, you back down.

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"As the letter from the Acting Attorney General explained in considerable detail, the assertion of Executive Privilege here is intended to protect a fundamental interest of the Presidency: the necessity that a President receive candid advice from his advisors and that those advisors be able to communicate freely and openly with the President, with each other, and with others inside and outside the Executive Branch." Dubya invokes executive privilege again in response to the Leahy/Conyers letter of a week ago, prompting further outrage among congressional Dems and increasing the likelihood of a protracted legal standoff. "Speaking on the floor of the Senate Monday afternoon, Leahy blasted what he called 'the White House disdain for our system of checks and balances.' 'What is the White House trying to hide by refusing to hand over this evidence?' he said."

"We had hoped our Committees' subpoenas would be met with compliance and not a Nixonian stonewalling that reveals the White House's disdain for our system of checks and balances...The veil of secrecy you have attempted to pull over the White House by withholding documents and witnesses is unprecedented and damaging to the tradition of open government by and for the people that has been a hallmark of the Republic." In a "barbed" letter to the administration, Judiciary Committee Chairmen Conyers and Leahy demand that Dubya explain his rationale for executive privilege (which he invoked earlier in the week to thwart subpoenas concerning the persecuted prosecutors case.) Thus far, the White House has described the letter as "another overreach."

Shields Up.

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"'This is a further shift by the Bush administration into Nixonian stonewalling and more evidence of their disdain for our system of checks and balances,' said Patrick J. Leahy (D-Vt.), chairman of the Senate Judiciary Committee. 'Increasingly, the president and vice president feel they are above the law.'" The Dubya administration invokes executive privilege to thwart the recently-issued congressional subpoenas for info pertaining to the persecuted prosecutor scandal. Instead, Dubya has offered Miers and Taylor for untranscribed private interviews (not under oath), an offer Spineless Specter, among others, thinks the Dems should take. "[C]onstitutional scholars cautioned that this area of law is so unsettled that it is impossible to predict the outcome if the matter ends up in court."

Fein Gold.

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"In grasping and exercising presidential powers, Cheney has dulled political accountability and concocted theories for evading the law and Constitution that would have embarrassed King George III...As Alexander Hamilton advised in the Federalist Papers, an impeachable offense is a political crime against the nation. Cheney's multiple crimes against the Constitution clearly qualify." Former Reagan Assistant Attorney General Bruce Fein makes the conservative case for Dick Cheney's impeachment in Slate.

It's not just Karl. Newly released information finds that as many as 88 officials in the Dubya White House have been (illegally) using RNC e-mail addresses as a back-door way to discuss official business off the record. "'As a result of these policies, potentially hundreds of thousands of White House e-mails have been destroyed, many of which may be presidential records,' the report said."

More Subpoenas Sent.

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"By refusing to cooperate with congressional committees, the White House continues its pattern of confrontation over cooperation. The White House cannot have it both ways--it cannot stonewall congressional investigations by refusing to provide documents and witnesses while claiming nothing improper occurred." After e-mails surface showing their involvement in responding to the persecuted prosecutor fervor (and after an attempt to hold a no-confidence vote on Gonzales is derailed by the Senate GOP), former White House counsel (and Supreme Court nominee) Harriet Miers and former White House political director Sara Taylor are subpoenaed by the House and Senate Judiciary committees to ascertain what they know about the scandal. "'This subpoena is not a request, it is a demand on behalf of the American people,' Conyers said."

Above the Law.

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"The story isn't who picked on a sick guy or even who did or didn't break laws. The story is who gets to decide what's legal. And the president's now-familiar claim, a la Richard Nixon, is that it's never illegal when he does it." Dahlia Lithwick drives home the disturbing message of last week's Comey revelations. And, also in Slate, Frank Bowman offers another reason why Alberto Gonzales should be impeached: the firing of David Iglesias. Update: In related news, Specter thinks Gonzales will soon quit, particularly if the Senate passes a no-confidence vote on him. (The White House, thus far, disagrees.)

"James B. Comey, the straight-as-an-arrow former No. 2 official at the Justice Department, yesterday offered the Senate Judiciary Committee an account of Bush administration lawlessness so shocking it would have been unbelievable coming from a less reputable source." By way of Medley, the WP blanches at a ridiculous attempt by then-White House counsel Alberto Gonzales to secure warrantless wiretaps against the will of the Justice Department. "Having failed, they were willing to defy the conclusions of the nation's chief law enforcement officer and pursue the surveillance without Justice's authorization. Only in the face of the prospect of mass resignations -- Mr. Comey, FBI Director Robert S. Mueller III and most likely Mr. Ashcroft himself -- did the president back down."

Cartoon Corruption.

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"Renzi -- now, was that the guy with the skeezy land deal? Or the woman Paul Wolfowitz promoted?" To help keep track of them all, Slate offers a handy illustrated guide to GOP scandals.

Digging Deeper...

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"I continue to hope that the Department will cooperate with the Committee's investigation, but it is troubling that significant documents highly relevant to the Committee's inquiry have not been produced." On the prosecutorial front, Patrick Leahy subpoenas Karl Rove's e-mails (or at least what's left of them), and the Justice Department begins its own inquiry into Monica Goodling, to ascertain whether political bias played a part in her hiring decisions. The plot thickens...

Saving Rick Renzi.

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The GOP streams of corruption cross further...Word comes out that congressman-under-fire Rick Renzi (R-AZ), who apparently forgot to mention he received $200,000 from a business partner he helped with a land deal, was pressuring one of the fired US attorneys to tell him how the probe against him was progressing. Moreover, and even more disconcerting, it seems the Gonzales Justice Department may in fact have stalled the Renzi probe in order to help the Arizona congressman get re-elected. Wow. Just when you think you've heard it all...The shadiness just never ends with these people.

McCain piles on.

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Meanwhile, also on the persecuted prosecutors tip, McCain says it's time for Gonzales to go. "I think that out of loyalty to the president that that would probably be the best thing that he could do."

Ah, I do love me that oversight. On the persecuted prosecutor front, the House Judiciary votes 32-6 to grant Gonzales aide Monica Gooding limited immunity, so that she may testify with impunity about the shady goings-on in Dubya's Justice Department. "'She was apparently involved in crucial discussions over a two-year period with senior White House aides, and with other senior Justice officials, in which the termination list was developed, refined and finalized,' Conyers said." Meanwhile, despite Dubya's reaffirmed support of late, more Republican senators call for Gonzales' ousting, including Norm Coleman (MN), Lamar Alexander (TN), and Susan Collins (ME).

"'We will take the evidence where it leads us. We will not leave any stone unturned.'" Well, Sheryl Crow's the least of his worries now. Based on the fact that several different current investigations seem to point his way, the White House's Office of Special Counsel opens an inquiry into Karl Rove, to ascertain if (and how often) he's violated the Hatch Act. "'This is a big deal,' Paul C. Light, a New York University expert on the executive branch, said of [Special Counsel] Bloch's plan. 'It is a significant moment for the administration and Karl Rove. It speaks to the growing sense that there is a nexus at the White House that explains what's going on in these disparate investigations.'" And, in related news, John Edwards calls for Rove's firing, based on his refusal to testify about the persecuted prosecutors.

"'Everybody at the White House...all think he needs to go, but the president doesn't,' said a Republican who consulted the Bush team yesterday. Another White House ally said Bush and Gonzales are ignoring reality: 'They're the only two people on the planet Earth who don't see it.'" True to form, Dubya responds to Alberto Gonzales' flameout on Thursday by declaring he has "full confidence" in the Attorney General and calling his service "fantastic." (Fantastic? Really? Do you mean that in the "fanciful" sense, perhaps?) In light of this bizarre news, Dahlia Lithwick reevaluates Gonzales' testimony, arguing that what came across to us in the reality-based community as evasive, misleading, or just plain stammering seemed to Dubya a solid defense of the unitary executive theory. The really scary thing is, she's probably right.

"It was handled incompetently. The communication was atrocious. You ought to suffer the consequences that these others have suffered, and I believe that the best way to put this behind us is your resignation." Despite having had weeks to prepare, Attorney General Alberto Gonzales has a terrible, no-good, very bad day on the Hill, one that results in even ultraconservative Tom Coburn (R-OK) demanding his dismissal. [Transcript: I, II, III.] I only got to hear twenty minutes or so of the hearings today (Feingold-Sessions-Schumer) while in a cab heading downtown, and Gonzales sounded absolutely terrible: He was at turns combative, befuddled, and amnesic. And when even a White House shill like Sen. Jeff Sessions (R-AL) is giving you a hard time and telling you "your ability to lead the Department of Justice is in question," it seems pretty clear the jig is just about up.

Oops, We Did It Again.

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"'You can't erase e-mails, not today,' Leahy said in an angry speech on the Senate floor. "They've gone through too many servers. Those e-mails are there -- they just don't want to produce them. It's like the infamous 18-minute gap in the Nixon White House tapes.'" Breaking last Friday: Just as the persecuted prosecutors case boils to a head, four years of Karl Rove's e-mail go conveniently missing from the RNC archives. And, also developing on the prosecutorial front, another subpoenaed Justice official, Michael Battle, has contradicted Gonzales' earlier professions of ignorance on the subject, setting up the Attorney General for a raucous time during his hearings tomorrow: "Gonzales...has been preparing for a pivotal appearance on Tuesday before the committee, including mock testimony sessions lasting up to five hours a day, officials said. Better get that story straight, Al.

"All administrations produce unhappy people in the second term...What has changed at this point, though, 'is that it feels like it's every man for himself,' says one former senior administration official." Slate's John Dickerson takes a gander at the sinking ship mentality currently pervading the Dubya White House.

As Dubya bequeaths another "heck of a job" upon his embattled attorney general, it comes to light that Alberto Gonzales apparently lied about his conducting meetings concerning the firing of federal prosecutors. Said Sen. Chuck Schumer of the revelations: "If the facts bear out that Attorney General Gonzales knew much more about the plan than he has previously admitted, then he can no longer serve as attorney general." Update: "He has said some things that just don't add up." Republican Senators start to pile on, among them Hagel, Graham, and Specter.

Nuclear Subpoenas?

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The plot thickens: A battle over executive privilege looms as the Senate handily rejects Dubya's attempt to evade subpoenas for Karl Rove, Harriet Miers, and other administration officials in the persecuted prosecutors dispute. "'The only thing they would accept is if the Senate did exactly what they told them to, which would be closed-door, limited number of people, limited agenda, no oath and no transcript, so nobody knows exactly what happened,' Leahy said. 'So there's really nothing to look for for a compromise, because that is not acceptable to me.'" For their part, Spineless Specter advocated a capitulation to Dubya, as per the norm, while Republican Charles Grassley supported the Senate's use of the subpoena power.

Gone-zales?

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Fitz's revenge? Broiling considerably while I was on my annual March Madness vacation, the case of the persecuted prosecutors now looks, at the very least, like it may result in Alberto Gonzales' downfall (despite Dubya's continued huzzahs), what with new e-mail trails coming to light, more congressional subpoenas on the way, and Dubya consigliere Karl Rove tied ever closer to the scandal. Congressional oversight is a beast, eh, guys?

With even Republicans such as Senator John Sununu now calling for his firing as a result of the furor over persecuted prosecutors, embattled Attorney General Alberto Gonzales gets the usual heck-of-a-job from Dubya: "I've heard those allegations about political decision-making -- it's just not true...What Al did, and what the Justice Department did, was appropriate." Meanwhile, side-stepping Gonzales' misdeeds, Salon's Sidney Blumental sees the hand of Karl Rove at work in the firings.

Gonzales: Our Bad.

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With even the Republicans on the Senate Judiciary close to revolt over the issue of the persecuted prosecutors, the Dubya White House and Attorney General Alberto Gonzales are forced into an uncharacteristic retreat. "Gonzales...will no longer oppose legislation limiting the attorney general's power to appoint interim prosecutors. Gonzales also agreed to allow the committee to interview five top-level Justice Department officials as part of an ongoing Democratic-led probe into the firings."

"'I've always been trained that loyalty is a two-way street,' Iglesias answered. 'I started thinking: Why am I protecting these people who not only did me wrong but did wrong to the system for appointing U.S. attorneys?'" The House and Senate Judiciary Committees listen to testimony from eight former U.S. attorneys concerning what appears to be an epidemic of illegal GOP arm-twisting. "The [Justice] department has also acknowledged that Cummins, the Little Rock prosecutor, was asked to resign solely to provide a job for a former aide to presidential adviser Karl Rove."

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This page is a archive of recent entries in the Persecuted Prosecutors category.

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