Showing posts with label U.S. Attorney Firings. Show all posts
Showing posts with label U.S. Attorney Firings. Show all posts

Wednesday, July 25, 2007

Leahy Draws Obvious Conclsuions

They are gonna get Rover yet.... or we will.

The DOJ is in a state of crisis. I don't trust a damn thing they do, and no American should until the Bushites are gone and in prison.

Senator Leahy Accuses Rove of Firings

Tuesday, July 24, 2007 - FreeMarketNews.com

Senator Patrick Leahy kicked off an oversight hearing of the Senate Judiciary Committee with Attorney General Alberto Gonzales by accusing top White House adviser Karl Rove of playing a key role in the firing of 8 US Attorneys. "The accumulated and essentially uncontroverted evidence is that political considerations factored into the unprecedented firing of at least nine United States Attorneys last year," the committee's chairman said. "The evidence we have been able to collect points to Karl Rove and the political operatives at the White House. ." Leahy also described a Justice Department in a state of 'crisis.' He worried that most of the senior leadership in the department had resigned. -Raw Story


Click Here For The Full Story


(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. The Lantern has no affiliation whatsoever with the originator of this article nor is The Lantern endorsed or sponsored by the originator.)

....And The Truth Shall Set Us Free

Wednesday, July 11, 2007

Time to Unsheath The Daggers!

Metaphorically speaking....ofcourse.

What, Haven't you ever heard of a metafer? (H/T: Rabid Zell Miller)

Ex-Bush aide won't answer Senate queries

By LAURIE KELLMAN,

Associated Press Writer

Loyal even after leaving the White House, President Bush's former political director Sara M. Taylor obeyed his instructions and declined to answer most of Congress' questions Wednesday about her role in the firings of federal prosecutors.

But Democrats insisted that the decision to cooperate with their subpoena — or not — is hers.

"It is apparent that this White House is contemptuous of the Congress and feels that it does not have to explain itself to anybody," Judiciary Committee Chairman Patrick Leahy, D-Vt., said as he opened the hearing. "I urge Ms. Taylor not to follow that contemptuous position and not to follow the White House down this path."

Taylor said she would answer only limited questions to comply with her former boss' directions, unless a court orders her to comply with the congressional subpoena instead.

"While I may be unable to answer certain questions today, I will answer those questions if the courts rule that this committee's need for the information outweighs the president's assertion of executive privilege," said Taylor, 32, who left her White House job two months ago.

"Thank you for your understanding," she added.

Democrats made clear they did not understand or agree, noting that she is a private citizen compelled by subpoena to testify, under threat of being held in contempt of Congress. Leahy asked Taylor repeatedly whether she had met with or talked to Bush about the replacement of U.S. attorneys. Taylor repeatedly refused to answer, citing Bush's instructions.

She got some backup from a GOP senator.

"I think your declining to answer the last series of questions by the chairman was correct under the direction from White House counsel," the committee's ranking Republican, Sen. Arlen Specter, R-Pa., said.

"Whether White House counsel is correct on the assertion of executive privilege is a matter which will be decided by the courts," Specter added. But, in the senator's view, "congressional oversight has the better of the argument."

Democrats insisted there were plenty of things about the firings that Taylor could discuss because they are not covered by Bush's executive privilege claim.

Taylor did reveal a few details: She said she did not recall ordering the addition or deletion of names to the list of prosecutors to be fired. And she disputed testimony by Kyle Sampson, Attorney General Alberto Gonzales' chief of staff, that Taylor wanted to avoid submitting a new prosecutor, Tim Griffin, through Senate confirmation.

"I expected him to go through Senate confirmation," Taylor said under questioning by Sen. Dianne Feinstein, D-Calif.

She refused to answer whether Bush was involved in deciding which prosecutors to fire.

Some lawmakers said by picking and choosing what questions to answer, she weakened Bush's executive privilege claim.

"This broad claim of privilege doesn't stand up," said Sen. Chuck Schumer, D-N.Y.

Leahy took the unusual step of allowing Taylor's lawyer, Neil Eggleston, to sit next to her at the witness table. There, he advised her on which questions she should or should not answer under the president's directive.

Democrats said the same standard applied to a second former Bush aide, one-time White House counsel Harriet Miers. Miers, subpoenaed to appear before the House Judiciary Committee on Thursday, said through her lawyer that she "cannot provide the documents and testimony that the committee seeks."

"Ms. Miers is thus subject to conflicting commands, with Congress demanding the production of information that the counsel to the president has informed her she is prohibited from disclosing," Miers' lawyer, George Manning, wrote to the House committee.

The two former aides are now private citizens, and some congressional officials have argued that it is not clear Bush's executive privilege claim covers them even though White House Counsel Fred Fielding told lawyers for Miers and Taylor that the president was directing them not to answer questions or provide any information about the firings.

A court fight could take years, dragging on even after Bush leaves office.

Wednesday's hearing is the latest round in the dispute over the administration's firing last winter of eight federal prosecutors. The congressional probe, now in its seventh month, has morphed into a broader standoff over what information the president may keep private and what details Congress is entitled to receive as part of its oversight of the executive branch.

Claims for executive privilege are based upon the separation of powers set forth in the Constitution. As a separate but equal branch of government, it is argued, the executive can resist efforts by the legislative and judicial branches to encroach on its authority. Presidents have argued against releasing some documents to Congress and against forcing administration officials to testify about private discussions, contending that such disclosures could damage the executive branch's ability to function independently and the president's ability to receive unfettered advice.

Taylor and Miers were among Bush's closest aides during the period when the firings were planned. Democrats want to know if the prosecutors were fired at the White House's direction. Bush has denied that there were improper political motives.



(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. The Lantern has no affiliation whatsoever with the originator of this article nor is The Lantern endorsed or sponsored by the originator.)

....And The Truth Shall Set Us Free

Monday, July 09, 2007

Former U.S. Attorney, Paul Charlton

We are living in a lawless land.

The sooner we realize that the better


What Paul Charlton Said in Our Interview
By Jason Leopold
t r u t h o u t | Report

Monday 02 July 2007

Paul Charlton, one of eight US attorneys fired last year under questionable circumstances, said an internal Justice Department probe to determine whether the dismissals were politically motivated may conclude that a special prosecutor needs to be appointed to further investigate the attorney firings.

Charlton, a career prosecutor who was the US attorney for Arizona, said he was interviewed by the Department of Justice Office of Inspector General and the DOJ's Office of Professional Responsibility recently. Charlton told me the interview provided him with new information into the circumstances behind the firings. However, he was unwilling to share the details of what he has learned thus far because the probe is ongoing.

"I came out [of the interview with the inspector general] with new information and that information only further solidified my belief that [Congress] needs to continue this investigation," Charlton told me, during an exclusive interview recently that took place at the law offices of Gallagher & Kennedy in Phoenix, where Charlton now works as an attorney focusing on Native American issues. "I can say that at some point in time the inspector general is going to need to analyze the evidence he has at a certain date and determine whether a special prosecutor needs to be appointed to assist him."

Charlton told me he's unsure whether an investigation he launched last year into GOP Congressman Rick Renzi involving influence peddling and land deals led to his firing. But he does think that it's possible.

Charlton said he has doubts the reasons the Justice Department cited for his firing last December - his refusal to pursue the death penalty in one case - are genuine.

"I've come to the conclusion that I'm uncertain if those are the reasons," Charlton told me. "I'm not certain myself whether those are the genuine reasons or they are reasons more of convenience."

Last week, Charlton testified before a Senate committee about the death penalty. He discussed the case DOJ officials have used to justify their decision to fire him, the murder of a methamphetamine supplier allegedly at the hands of one of his dealers, and criticized Attorney General Alberto Gonzales and his senior staff for "ordering" him to pursue the death penalty for a murder case he was prosecuting despite the fact that his office did not obtain a murder weapon or the victim's body. Charlton said he advised the Justice Department that pursuing the death penalty in this particular case was unwarranted due to the absence of forensic evidence but was rebuffed by Gonzales.

"The lack of forensic evidence ... means you should not seek the death penalty," Charlton told me. "The first I heard that my recommendation had been ignored was when I received a letter from the attorney general, and they use this very euphemistic term: they say you're now 'authorized' to seek the death penalty, which in reality is an 'order' to seek the death penalty. I contacted the office of the attorney general, the office of the deputy attorney general [Paul McNulty] ... to try to reverse that decision and I was unsuccessful in the end."

Charlton said his office knew where the body was located and requested the DOJ spend $500,000 to $1 million to recover the body from a landfill which would have either strengthened the prosecution's case, and therefore provided the DNA evidence to justify his pursuit of to death penalty, or, it would have determined that the suspect wasn't responsible for the murder. Charlton said the DOJ denied his request. The victim's body remains buried in a landfill in Arizona.

Charlton told me he had "a memorable conversation" with McNulty's Chief of Staff Michael Elston who told Charlton that McNulty and Gonzales spent a "great deal of time" discussing the murder case - about five to ten minutes - before concluding that Charlton should seek the death penalty.

Charlton said it was unusual for the Department of Justice to "order" him to seek the death penalty without first discussing it with him.

"Under Attorney General [John] Ashcroft, I had the opportunity to speak with him on a death penalty case when I had a disagreement with him," Charlton told me, adding that the lack of prosecutorial experience at the senior level of the Justice Department is what Charlton believes led Gonzales and his underlings to make unilateral legal decisions without first consulting with career prosecutors like him.

Charlton told me that unlike his predecessor John Ashcroft, Gonzales has acted like President Bush's "consigliere" rather than an independent=minded attorney general.


Jason Leopold is a former Los Angeles bureau chief for Dow Jones Newswire. He has written over 2,000 stories on the California energy crisis and received the Dow Jones Journalist of the Year Award in 2001 for his coverage on the issue as well as a Project Censored award in 2004. Leopold also reported extensively on Enron's downfall and was the first journalist to land an interview with former Enron president Jeffrey Skilling following Enron's bankruptcy filing in December 2001. Leopold has appeared on CNBC and National Public Radio as an expert on energy policy and has also been the keynote speaker at more than two dozen energy industry conferences around the country.


(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. The Lantern has no affiliation whatsoever with the originator of this article nor is The Lantern endorsed or sponsored by the originator.)

....And The Truth Shall Set Us Free


Sunday, July 01, 2007

Another DOJ Bushite Bites The Dust

Wonder what unholy truth this one is running from.....

Another Lawyer in Atty.
Firings Flap Quits
The Associated Press
Friday 29 June 2007


Washington - A Justice Department official who was considered as a possible replacement for one of several fired U.S. attorneys announced her resignation Friday.

Rachel Brand, the assistant attorney general in the Office of Legal Policy, will step down July 9, the department said in a statement. The statement did not give a reason for her departure, but Brand is expecting a baby soon.

Brand was a member of Attorney General Alberto Gonzales' leadership team. When officials were planning to fire U.S. attorneys in San Diego, San Francisco, Michigan and Arkansas, Brand was named as a possible replacement for Margaret Chiari in Michigan, according to documents released as part of a congressional inquiry.

The firings have led to congressional investigations, an internal Justice Department probe and calls from Capitol Hill for the resignation of Gonzales on the grounds that he politicized his office.

Brand previously served as associate counsel to President George W. Bush and helped shepherd Supreme Court Justices John Roberts and Samuel Alito through Senate confirmation.

"Her considerable knowledge of legal policy is rivaled only by her passion for the issues and projects on which she worked during her tenure here at the department," Gonzales said in a statement. "I will miss her significant contributions as an adviser to me."

Brand recently testified before the House Judiciary Committee about the Justice Department's opposition to a bill that would shield reporters from being forced by prosecutors to reveal their sources.

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. The Lantern has no affiliation whatsoever with the originator of this article nor is The Lantern endorsed or sponsored by the originator.)

....And The Truth Shall Set Us Free

Sunday, June 17, 2007

U.S. Attorney Blowback Hitting Courts

http://www.latimes.com/news/nationworld/nation/la-na-usattys18jun18,0,5805474.story?coll=la-home-center


Well, this was sure as hell predictable. Our Justice Department is in shambles. It will be a long time before anyone trusts it again, especially given all of the career crackpots the Bushites have managed to install. How the hell do we get rid of them?


U.S. attorneys fallout seeps into the courts

Defense lawyers in different cases are raising new questions about government prosecutors and potential political biases.

By Richard B. Schmitt
Times Staff Writer
6:51 PM PDT, June 17, 2007

For months, the Justice Department and Atty. Gen. Alberto R. Gonzales have taken political heat for the purge of eight U.S. attorneys last year.Now the fallout is starting to hit the department in courtrooms around the country.

Defense lawyers in a growing number of cases are raising questions about the motives of government lawyers who have brought charges against their clients. In court papers, they are citing the furor over the U.S. attorney dismissals as evidence that their cases may have been infected by politics.

Justice officials say those concerns are unfounded and constitute desperate measures by desperate defendants. But the affair has given defendants and their lawyers some new energy, which is complicating life for the prosecutors.

Missouri lawyers have invoked the controversy in challenging last year's indictment of a company owned by a prominent Democrat, on suspicion of violating federal wage and hour laws. The indictment, which came two months after the owner announced that she was running for political office, was obtained by a Republican U.S. attorney who also has been criticized because he charged workers for a left-leaning political group on the eve of the 2006 midterm election.

The lawyer for an alleged child pornographer recently defended his client at a federal trial in Minnesota in part by questioning the motives of the Republican U.S. attorney, who has come under scrutiny in the congressional investigation into the prosecutor purge.

Lawyers for a former county official in Delaware who has been accused of corruption asked a judge in early May to allow them to subpoena the Justice Department and White House for documents to see whether political motives factored into charges being brought against the official. They cited the brewing controversy inside the Beltway."Those revelations dramatically reinforce the reasons to believe that considerations beyond mere law enforcement are behind this prosecution," the lawyers wrote.

The defendant, a once up-and-coming Democrat, was being prosecuted by the U.S. attorney in Wilmington, a Republican appointee.

In an inch-thick response, the U.S. attorney said nothing could be further from the truth, and said the attacks were "sullying the reputations of every prosecutor and law enforcement officer involved in this case," including more than a dozen career prosecutors and agents.

U.S. District Judge John P. Fullam eventually sided with the government, saying that if there were any improper motives for bringing the case, they would become evident at be trial, in cross-examination. He also noted that the decision to bring the indictments was made in May 2004 — "long before Mr. Gonzales became attorney general." (Gonzales was sworn in in February 2005.)

The defendant subsequently pleaded guilty to bank fraud.

The firing of the eight prosecutors last year has drawn attention because, once appointed, U.S. attorneys are traditionally allowed to serve until they resign or are ousted because of misconduct. New administrations routinely make changes as well.

Gonzales has defended the dismissals as justified for performance reasons, saying that some of the prosecutors failed to follow administration law-enforcement priorities.Democrats say there is evidence that the dismissals were part of a Bush administration effort to affect investigations in public corruption and voting cases that would assist Republicans. The probe has also shown that politics may have played a role in the hiring of some career Justice employees, in possible violation of federal law.

The controversy has drained morale from U.S. attorney offices around the country. And now, legal experts and former Justice Department officials say, it is casting a shadow over the integrity of the department and its corps of career prosecutors in court.There has long been a presumption that, because they represented the Justice Department, prosecutors had no political agenda and their word could be trusted. But some legal experts say the controversy threatens to undermine their credibility."It provides defendants an opportunity to make an argument that would not have been made two years ago," said Daniel French, a former U.S. attorney in Albany, N.Y. "It has a tremendously corrosive effect."

Defense lawyers in political corruption cases often argue to juries that the prosecution was motivated by politics, especially when the prosecutor happens to be of a different political party than the defendant.

Todd Jones, a former U.S. attorney in Minneapolis, said such arguments are now "given credence in the public eye because they are seeing that maybe there were political decisions made. Any defense lawyer worth their salt is going to say this is a political prosecution that shouldn't have been brought."

The controversy may also be feeding anti-government feelings that many jurors bring to cases, even when defense lawyers do not overtly try to exploit the situation."It has become part of the background that jurors have in their minds when they deliberate," said Rep. Adam B. Schiff (D-Burbank), a former assistant U.S. attorney. "Jurors will think, 'Gee, is there a political motivation for this? Is it being brought because the U.S. attorney wants to curry favor with the attorney general and keep his job?' Corruption cases are tough enough to prosecute without having to defend yourself against attack."

Lawyer Daniel Gerdts won an acquittal in federal court in Minneapolis last month for a New York computer consultant who had been accused of bringing child pornography into the United States on his way back from a business trip to Asia.

The defendant, who worked for a Japanese producer of adult videos, said he was hired to set up Web pages to market the videos and to search the Internet for pirated copies. He conceded he might have inadvertently downloaded child porn in the process of doing his job.In court, Gerdts said prosecutors had failed to exercise proper discretion in bringing the charges. During his closing argument to the jury, he suggested a reason, alluding to published reports of upheaval in the office since Rachel Paulose had become U.S. attorney in 2006.

Paulose is believed to have gotten the posting with the help of Monica M. Goodling, a former Gonzales aide who recently testified under a grant of immunity from prosecution that she "crossed a line" by improperly allowing politics to influence hiring decisions at the Justice Department. Several senior prosecutors in the Minneapolis office resigned their management posts to protest Paulose's leadership.The effect of Gerdts' courtroom remark was unclear. Government lawyers objected, and the judge told jurors to ignore the comment.After delivering the verdict, jurors said they did not believe the government's accusation that the defendant had intentionally downloaded contraband files.

In Springfield, Mo., defense lawyers are seeking a court order for evidence of improper contacts between former interim U.S. Atty. Bradley Schlozman and former Bush administration official Asa Hutchinson about the indictment last year of a company known as Managed Subcontractors.

Schlozman was questioned this month on Capitol Hill about his decision to obtain indictments of some former voter registration workers for the liberal Assn. of Community Organizations for Reform Now, or ACORN, less than a week before the midterm election last fall.

Managed Subcontractors had been the target of an investigation in 2002 by federal immigration agents working for the Department of Homeland Security. But its attorneys believed the case had gone dormant in the ensuing years.

Then, in June 2006, three months after his arrival as U.S. attorney, Schlozman secured an indictment. The principal owner of the company, Robbyn Tumey, had recently filed as a Democratic candidate for the state House in neighboring Arkansas.Hutchinson, who was then in a hotly contested race for governor of Arkansas, was interested in the case because he was running on a get-tough-on-immigration platform, the court filing contends.

After her company was indicted, Tumey resigned as chairwoman of her local Democratic Party and withdrew from the Arkansas House campaign.Hutchinson, who lost his bid for governor, could not be reached for comment. In an interview with the Arkansas Democrat-Gazette, he said there was "zippo" evidence linking him to the indictment decision.

Thomas Carver, Tumey's lawyer, conceded that seeking the court order "involves some degree of speculation on our part because we obviously are not privy to the inner workings of the U.S. attorney's office." But he said his client had a right to the information."One of the reasons to file the motion was to determine if there is any cause for alarm," he said. "We are not in a position to make accusations ... but we would certainly like to know."rick.schmitt@latimes.com


(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. The Lantern has no affiliation whatsoever with the originator of this article nor is The Lantern endorsed or sponsored by the originator.)

....And The Truth Shall Set Us Free

Wednesday, June 13, 2007

John McKay: Fired for not prosecuting bogus cases

McKay ousted for not prosecuting bogus "voter fraud"

Jason Leopold

Fired US Attorney John McKay speaks out

http://www.truthout.org/docs_2006/061207J.shtml

In a wide-ranging, exclusive interview with Truthout, John McKay, the US attorney for western Washington state, who was fired in December, said he believes that he was ousted because he did not convene a federal grand jury to pursue allegations of voter fraud related to the 2004 governor's election in the state in which Democrat Christine Gregoire defeated Republican Dino Rossi by a margin of 129 votes. McKay said Republicans in his state with close ties to the White House demanded that he launch an investigation into the election and bring charges against Democrats for voter fraud despite the fact that there was no evidence to support the claims of vote-rigging.


(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. The Lantern has no affiliation whatsoever with the originator of this article nor is The Lantern endorsed or sponsored by the originator.)

....And The Truth Shall Set Us Free

Sunday, June 10, 2007

Rover's Voter Fraud Think Tank Disappears

THE FRAUDULENT FRAUD SQUAD

RICHARD HASEN tells of the case of the incredible, disappearing American Center for Voting Rights

12:00 AM CDT on Sunday, June 10, 2007


Imagine that the National Rifle Association's Web site suddenly disappeared, along with all the data and reports the group had ever posted on gun issues. Imagine that Planned Parenthood inexplicably closed its doors one day, without comment from its former leaders. The scenarios are unthinkable, given how established these groups are. But even if something did happen to either, no doubt other gun or abortion groups would quickly fill the vacuum.

Not so for the American Center for Voting Rights, which has vanished with no notice, little comment and with no apparent replacement. This operation – the only prominent non-governmental organization claiming that voter fraud is a major problem – simply stopped appearing at government panels and conferences sometime late last year.

Its Web domain name has expired, its reports are all gone (except where they have been preserved by its opponents), and its general counsel, Mark Hearne, has cleansed his résumé of his affiliation. He also won't speak to the press about the group's demise.

Its life and death says a lot about the Karl Rove-led Republican strategy of raising voter fraud as a crisis in American elections. One part of the attack, at the heart of the Justice Department scandals, involved getting U.S. attorneys in battleground states to vigorously prosecute cases of voter fraud. After exhaustive effort, Justice discovered virtually no polling-place voter fraud, and its efforts to fire U.S. attorneys who did not push the voter-fraud line enough has backfired.

But the second prong of this attack may have proven more successful. This involved using the American Center for Voting Rights to give "think tank" cachet to the unproven idea that voter fraud is a major problem. The center's work was used to support the passage of onerous voter-identification laws that depress turnout among the poor, minorities and the elderly – groups more likely to vote Democratic.

The short organizational history of the center, chronicled indefatigably by Brad Friedman of the Brad Blog, shows that the group was founded in March 2005, just days before its representatives testified at a congressional hearing on election-administration issues chaired by then-Rep. (and now federal inmate) Bob Ney. The group was headed by Mr. Hearne, national election counsel to Bush-Cheney '04, and staffed with other Republican operatives, including Jim Dyke, a former RNC communications director.

Consisting of little more than a post-office box and some staffers who wrote reports and gave helpful quotes about the pervasive problem to the press, the group identified Democratic cities as hot spots for voter fraud, then pushed the argument that "election integrity" required making it harder for people to vote.

The American Center for Voting Rights argued extensively by anecdote, such as someone, somewhere registering Mary Poppins to vote. Anecdote would then be coupled with statistics showing problems with voter rolls not being purged of voters who had died or moved, leaving open the potential for fraudulent voting. Given this great potential for mischief – yet without actual evidence – allegedly reasonable initiatives such as purging voter rolls and requiring ID seemed the natural solution.

At least in hindsight, the center's line of argument is easily deconstructed. First, arguing by anecdote is dangerous business. A new report by Lorraine Minnite of Barnard College looks at these anecdotes and shows them to be, for the most part, wholly spurious. Sure, one can find a rare case of someone voting in two jurisdictions, but nothing extensive or systematic has been unearthed or documented.

But perhaps most importantly, the idea of massive polling-place fraud (through the use of inflated voter rolls) is inherently incredible. Suppose I want to swing the Missouri election for my preferred presidential candidate. I would have to figure out who the fake, dead or missing people on the registration rolls are, then pay a lot of other individuals to go to the polling place and claim to be that person, without any return guarantee – thanks to the secret ballot – that any of them will cast a vote for my preferred candidate.

Those who do show up at the polls run the risk of being detected and charged with a felony. And for what – $10? Polling-place fraud, in short, makes no sense.

The Justice Department devoted unprecedented resources to ferreting out fraud over five years and appears to have found not a single prosecutable case across the country. Of the many experts consulted, the only dissenter from that position was a representative of the now-evaporated American Center for Voting Rights.

The arguments against vote fraud were built on a house of cards, a house that is collapsing as quickly as the U.S. attorney investigation moves forward.

But despite the demise of the voting rights center, the idea that there is massive polling-place voter fraud has, perhaps irrevocably, entered the public consciousness. It has infected even the Supreme Court's thinking about voter-ID laws. And it has provided intellectual cover for the continued partisan pursuit of voter-ID laws that may suppress minority votes.

Richard L. Hasen, the William H. Hannon distinguished professor at Loyola Law School, writes the Election Law Blog. His e-mail address is rick.hasen@lls.edu. A longer version of this essay appeared at Slate.com.


(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. The Lantern has no affiliation whatsoever with the originator of this article nor is The Lantern endorsed or sponsored by the originator.)

....And The Truth Shall Set Us Free

Saturday, June 09, 2007

White House Lawyers Up

We might as well move on with impeachment, if we have to pay for all these lawyers anyhow.

Besieged White House Reinforces Counsel's Office
By Peter Baker

Washington Post Staff Writer
Saturday, June 9, 2007; A04

President Bush has authorized another surge -- this time in the White House counsel's office. Facing a blizzard of congressional investigations, hearings and subpoenas, the White House has hired a new crop of lawyers to do battle with the Democratic Congress.

White House counsel Fred F. Fielding, brought in by Bush in January when the opposition took over Capitol Hill, announced the appointment of nine new lawyers yesterday, including J. Michael Farren, former general counsel of Xerox Corp., as his deputy. A source said Fielding has also recruited Stephen D. Potts, a longtime head of the U.S. Office of Government Ethics, to be ethics counsel.

The legal reinforcements arrive at a time when the White House is under siege on multiple fronts. Congressional investigators are looking into the dismissal of U.S. attorneys, the disappearance of White House e-mail, internal disputes over warrantless surveillance, partisan activities in federal agencies, various aspects of the Iraq war and other issues. A counsel's office that had little to worry about when Republicans controlled Congress now finds itself the president's first line of defense.

"Obviously, there's been an increase in requests from the Hill, and we want to make sure we have the appropriate level of staff in place," said White House spokeswoman Emily Lawrimore. Some of the new lawyers are filling vacancies, she said, but five represent additional slots, bringing the office's total to 22 lawyers -- still shy of its size under President Bill Clinton, who faced numerous special prosecutors, not to mention impeachment.

Since Democrats assumed control of Congress, they have moved aggressively to exercise oversight of the Bush administration. So far, they have held more than 200 full-committee oversight hearings. If subcommittees are included, they have had 195 hearings related to Iraq. Altogether, Congress has authorized 25 subpoenas and many more requests for information.

To deal with the onslaught, Fielding assembled a team combining fellow Washington veterans and younger lawyers. Farren, who served as President George H.W. Bush's undersecretary of commerce and deputy campaign manager, took over as deputy counsel on May 31, replacing William K. Kelley, who will return to his teaching job at Notre Dame at the end of this month.

Kelley has been caught up in the U.S. attorney controversy. He was involved in meetings and e-mails that discussed whether to fire some U.S. attorneys. One fired prosecutor, John McKay of Seattle, has said he was asked during a meeting with Kelley and then-White House counsel Harriet Miers why Republicans in Washington state were angry at him, raising the question of whether his dismissal was political. Lawmakers have subpoenaed Miers and Kelley, but the White House has declined to make them available.

The Potts hire, which has not yet been announced, impressed even Democrats. Potts headed the Office of Government Ethics for 10 years under the elder Bush and Clinton, and more recently served as chairman of the nonprofit Ethics Resource Center, where Fielding was vice chairman. Potts will replace Richard W. Painter as the chief ethics lawyer for the White House. Painter, who joined the counsel's office in 2005, will return to the University of Illinois College of Law to teach.

Fielding raided his old law firm, Wiley Rein & Fielding, for some of its talent, hiring Kate Todd, Amy F. Dunathan and Al Lambert. He also brought back William Burck, who recently left the White House to work at the Justice Department; two former federal prosecutors, Michael Purpura and Scott Coffina; and Emmet T. Flood and Francis Q. Hoang of Williams & Connolly. All eight received degrees from Ivy League schools or from West Point.

Though Fielding is respected on both sides of the aisle, Democrats say he has not met their need for testimony. When lawmakers sought to hear from Miers, Kelley and White House Deputy Chief of Staff Karl Rove, Fielding refused to let them testify in open session, offering instead to let them be deposed behind closed doors, not under oath and without any recording or transcript. Democrats rejected that and issued the subpoenas. The two sides remain at an impasse.


(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. The Lantern has no affiliation whatsoever with the originator of this article nor is The Lantern endorsed or sponsored by the originator.)

....And The Truth Shall Set Us Free

Tuesday, May 22, 2007

Fired U.S. Attroney: There Is A Cover-up


Ya Think?

McKay Suggests Cover-Up in Prosecutor Case

By Sean Cockerham
The Olympian
Sunday 20 May 2007


Wenatchee - Fired U.S. Attorney John McKay said Sunday he believes the Justice Department is covering up the real reason for his ouster.


"I can see why they would want to come up with an explanation other than the governor's election for why I would be on such a list," said McKay, the U.S. attorney for Western Washington until his firing in December.

McKay pointed to the revelation that he first appeared on the Bush administration firing list in 2005 during the heat of the furor over Washington state's election for governor. Some Republicans were appalled that McKay didn't bring charges of election fraud in the race won by Democrat Chris Gregoire.

"I still don't know if the 2004 governor's election was the principal reason I was asked to step down," McKay said in a speech at the Mainstream Republicans of Washington's Cascade Conference in Wenatchee.

"If it was, I think it is an entirely improper and perhaps illegal reason for my termination," said McKay.

McKay said he led a federal investigation that found no evidence of a crime in the election. He made clear he still has huge concerns over the controversial election that resulted in a Gregoire victory on the second recount by just 133 votes out of almost 3 million cast.

"There is no doubt in my mind there were a lot of stinky, nasty things about that election," McKay said in an interview.

But prosecuting a federal crime requires proof of more than just mistakes and incompetence in the handling of ballots, he said.


One of Nine

McKay, a Republican appointed by President Bush, oversaw justice department offices in Tacoma and Seattle for five years. That's before he was one of nine U.S. attorneys nationwide to lose their jobs in what has become a huge controversy for Attorney General Alberto Gonzales.

McKay's Sunday speech at the Mainstream Republicans of Washington conference was his
first appearance before a political group since he was fired. He sounded like a candidate at times, talking about the values of being a Republican and saying he wants to be involved somehow in politics.

But he denied speculation he's planning a run for office.

He said he hopes Dino Rossi, the Republican who lost to Gregoire, will run again in 2008.

McKay said he would support Rossi.

The Justice Department has offered a shifting set of explanations for McKay's firing. Gonzales first said it was because of comments McKay made to the Seattle Post-Intelligencer about budget cuts and because of how McKay pursued an information-sharing project. But both of those happened after he was put on the firing list in March 2005.

Kyle Sampson, Gonzales' chief of staff, has raised the possibility that McKay made the list for pushing too hard for additional resources to investigate the Seattle murder of Assistant U.S. Attorney Thomas Wales.

Sampson kept the list of prosecutors to be fired.

McKay said Sunday that would be a "despicable" reason if that's actually why he was fired.

"I frankly don't believe it," he told the state mainstream Republican group. "I think they are trying to cover something up."

Gonzales has acknowledged he was aware of a "great deal of concern" from Washington state Republicans over how McKay handled fraud allegations in the 2004 governor's race. The attorney general told Congress earlier this month that he doesn't know if that's a reason McKay made the list.

"I never expected to have to look over my shoulder politically to see if many people back there wanted more voter fraud cases and I was missing the opportunity," McKay said.

There are at least seven states where it appears that U.S. attorneys were fired or considered for firing as Republicans in those states urged investigations or prosecutions of possible Democratic voter fraud, McClatchy Newspapers has reported.

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. The Lantern has no affiliation whatsoever with the originator of this article nor is The Lantern endorsed or sponsored by the originator.)

....And The Truth Shall Set Us Free

Rove Is An Effing Crook and We Are Paying Him.


Of course, so is Gonzales and a whole bunch of other Bushites, but Rove is nothing but a political hack in a political hack's job.

Why the hell are we paying this asshat?

I don't give a damn who hired him, he has done nothing but rob the American people, from day one, of our votes, of our hard-earned money, of our self-respect and helped drain the life-blood out of our young.

Time to stand up America. We have all the evidence we need.


Missing Rove Emails Point to Violation of Records Act
By Jason Leopold and Matt Renner
t r u t h o u t Report
Monday 21 May 2007


Three years ago, Robert Luskin, the attorney who defended White House Political Adviser Karl Rove in the CIA leak case, made a startling discovery: a July 2003 email Rove sent to then-Deputy National Security Adviser Stephen Hadley that proved Rove was far more involved in the leak of covert CIA operative Valerie Plame Wilson, and the campaign to discredit her husband, former Ambassador Joseph Wilson, than he had let on during interviews with federal investigators and in testimony before a federal grand jury.

Curiously, the email Rove sent to Hadley that Luskin had found never turned up during an exhaustive document search ordered a year earlier, in September 2003, by Alberto Gonzales.

At the time, Gonzales, who was White House counsel, enjoined all White House staff members to turn over any communications pertaining to Plame Wilson and her husband, a vocal critic of the Iraq war, who had accused the Bush administration of twisting pre-war Iraq intelligence.

Gonzales's order to turn over documents and emails came 12 hours after former White House Chief of Staff Andrew Card had informed him that the Justice Department was launching an investigation into the leak.

The order Gonzales sent to Karl Rove and other administration officials demanded "documents that relate in any way to a contact with any member or representative of the news media about Joseph C. Wilson, his trip to Niger in February 2002, or his wife's purported relationship with the Central Intelligence Agency."

The Rove/Hadley email was not included in the thousands of pages of documents turned over to the FBI. The reason? Apparently the "right search words weren't used," Luskin told Newsweek in October 2005. The email Rove sent to Hadley in July 2003 has never been released publicly.

It's unclear whether the email was sent via the White House computer system or from Rove's email account maintained by the Republican National Committee (RNC), which, according to the National Journal, is what Rove uses to conduct 90 percent of his White House business, in what would appear to be a violation of the Presidential Records Act.

Deja Vu All Over Again

The narrative about the single email that tied Rove to the Plame-Wilson leak that was lost and then found is a complex one. But the story has deja vu written all over it as Rove finds himself smack in the middle of the latest high-profile scandal plaguing the White House - the apparent politically motivated firings of nine US attorneys last year. Once again, lawmakers are doing their darnedest to obtain copies of Rove's emails linking him directly to the US attorney scandal, and once again serious questions are being raised about the lengths to which Gonzales, as head of the Justice Department, and the Bush administration are willing to go to insulate Rove.

In April, the RNC disclosed that thousands of emails Rove sent over a four-year period via his RNC email account may have been destroyed. The nonprofit government watchdog group Citizens for Responsibility and Ethics in Washington (CREW) revealed in April, however, that its own probe discovered that as many as five million White House emails were missing, in violation of the Presidential Records Act.

Last week, the Justice Department responded to a wide-ranging subpoena issued by the Senate Judiciary Committee that demanded all of Rove's emails, including those emails sent and received during the height of the Plame-Wilson leak that Rove's attorney surrendered to CIA leak Special Prosecutor Patrick Fitzgerald, by releasing a single email that was sent to several DOJ and Bush administration officials and to Rove at an account he used that is maintained by the Republican National Committee - kr@georgewbush.com. The email was hardly a smoking gun. It simply showed that Rove was kept in the loop about the news surrounding the issue.

Using search terms such as "Rove, Karl, kr, gwb43.com, georgewbush and rnchq.org," the Justice Department could only find a February 28, 2007 email that J. Scott Jennings, a special adviser to President Bush who works in Rove's shop, had cc'd Rove. And as for emails the Judiciary Committee requested that Rove sent or received during the Plame-Wilson leak and thereafter that were allegedly turned over to Fitzgerald?

"The Office of Special Counsel Fitzgerald also conducted a search using the same search terms referenced above and we have been advised that this effort did not identify any responsive documents," said the Justice Department letter to Senate Judiciary Committee Chairman Patrick Leahy. "Mr. Fitzgerald noted that his office did not obtain all of Mr. Rove's emails, but rather obtained access to his electronic media for the purpose of searching for documents responsive to search terms relevant to his investigation. Only records responsive to Mr. Fitzgerald's investigative search terms were retained by his office...."

If that's the case, then it certainly calls into question the integrity of Fitzgerald's investigation as it pertains to Rove.

Melanie Sloan, the executive director of CREW, said in an interview with Truthout last month that, "It looks like Karl Rove may well have destroyed evidence that implicated him in the White House's orchestrated efforts to leak Valerie Plame Wilson's covert identity to the press in retaliation against her husband, former Ambassador Joseph Wilson." Sloan also said, "Special Counsel Fitzgerald should immediately reopen his investigation into whether Rove took part in the leak, as well as whether he obstructed justice in the ensuing leak investigation."

The prospect of a new investigation into Rove appears to be unlikely.

Still, if history does indeed repeat itself, it is likely the evidence of Rove's complicity in the US attorney scandal is lurking on a hard drive somewhere.

The Case of the Sudden Reappearance of the Lost Email Rove Sent to Hadley

In the CIA leak case, suspicions about the timing of the discovery of the email Rove sent to Hadley surfaced immediately after Luskin said he told Fitzgerald that his client had in fact discussed Plame Wilson and her husband with Time magazine reporter Matthew Cooper, contrary to Rove's sworn testimony before a grand jury and in an interview with the FBI.

Rove had been a source for a story Cooper wrote about the covert CIA operative and the former ambassador. Rove failed to disclose that crucial piece of information to the FBI in October 2003, a mere three months after he spoke to Cooper. He said the conversation had escaped his memory. However, Rove and his attorney were reminded about the White House political adviser's conversation with Cooper thanks to a chance meeting Luskin had with Cooper's colleague, Viveca Novak, sometime in 2004, who told Luskin that it was well known within Time magazine that Rove had been a source for Cooper.

That tidbit of information supplied by Novak led Luskin and Rove to search Rove's files. What turned up was the email Rove sent to Hadley, that for unknown reasons never surfaced a year earlier, and led Rove to change his testimony. Rove's memory just happened to have been refreshed right around the same time it had become clear that Cooper would lose a legal battle to stay out of court and would be forced to respond to a subpoena demanding that he reveal the identity of his source, who happened to be Karl Rove.


Did Rove Deliberately Conceal Evidence Tying Him to the CIA Leak?

Up until this point, the leak investigation had primarily been centered on an obscure law that made it a felony for any government official to knowingly disclose the identity of an undercover CIA officer.

But around the time Luskin said he located the email Rove sent to Hadley, Fitzgerald had already become suspicious that Rove was obstructing his investigation and may have destroyed evidence implicating him in the leak. In late January 2004, Fitzgerald sent a letter to then-acting Attorney General James Comey seeking confirmation that he had the authority to investigate and prosecute suspects in the leak case for additional crimes, including evidence destruction.

Comey responded to Fitzgerald in writing on February 6, 2004, confirming that Fitzgerald did indeed have the authority to prosecute additional crimes, including "perjury, obstruction of justice, destruction of evidence and intimidation of witnesses."


Miers Informs Fitzgerald About the White House's Lost Emails

The same month Luskin spoke with a reporter for Newsweek, Harriet Miers, who succeeded Gonzales as White House counsel, told Special Prosecutor Patrick Fitzgerald that some White House emails were not archived in accordance with the Presidential Records Act, according to CREW.

The White House's Office of Administration briefed Miers about the extent of the White House's email issues and Miers is said to have immediately informed Fitzgerald about it due to the fact that Fitzgerald had subpoenaed White House emails sent in 2003. However, according to CREW, Fitzgerald's staff was briefed before a complete audit of the email records could be taken.

Three months later, in a story first reported by Truthout last year, a federal court document filed in January 2006 in US District Court in Washington, DC by Fitzgerald revealed that his investigative team "learned that not all email of the Office of the Vice President and the Executive Office of the President for certain time periods in 2003 was preserved through the normal archiving process on the White House computer system." That document was filed during the discovery phase of the perjury and obstruction-of-justice trial against former vice presidential staffer I. Lewis "Scooter" Libby.


White House "Discovers" 250 Pages of Emails Related to CIA Leak

Less than two weeks later, the White House turned over 250 pages of emails from President Bush and Vice President Dick Cheney's offices to investigators working for the special prosecutor - more than two years after the investigation began. It's unknown what was contained in those emails. But Truthout reported at the time that additional emails were withheld from Fitzgerald's probe by Gonzales, who, as White House counsel, cited executive privilege as the reason he would not turn over the communications.

The White House offered no official explanation concerning the circumstances regarding the sudden reappearance of the emails it turned over to Fitzgerald on February 6, 2006, or if there was any truth to Fitzgerald's allegations that the emails were not automatically archived. At the time, a White House spokeswoman would only say that staffers "discovered" the batch of documents during a search.

Sloan, the CREW director, said her organization has no direct evidence proving that Rove intentionally withheld emails from Fitzgerald's probe. But the CREW attorneys doubt that Rove and the White House have been forthcoming about Rove's involvement in the leak of Plame Wilson's covert identity in light of the fact that thousands of emails Rove sent and received during the height of the leak probe have not been recovered. Moreover, Sloan said it's difficult to determine whether Rove's attorney, Robert Luskin, has been forthcoming with Fitzgerald about the changing stories that Rove and Luskin told the special prosecutor regarding Rove's role in the Plame-Wilson leak and the discovery of the email Rove sent to Hadley.

"He is a well known lawyer and I would give him the benefit of the doubt, but there is no way to know if he was telling the truth or not at this point," Sloan said.

Although the DOJ said it could only locate one email "to, from or copied to Karl Rove" since November 2004 related to the investigation into the US attorney firings, the Justice Department is "continuing to search for documents."

Jason Leopold is a former Los Angeles bureau chief for Dow Jones Newswire. He has written over 2,000 stories on the California energy crisis and received the Dow Jones Journalist of the Year Award in 2001 for his coverage on the issue as well as a Project Censored award in 2004. Leopold also reported extensively on Enron's downfall and was the first journalist to land an interview with former Enron president Jeffrey Skilling following Enron's bankruptcy filing in December 2001. Leopold has appeared on CNBC and National Public Radio as an expert on energy policy and has also been the keynote speaker at more than two dozen energy industry conferences around the country.

Matt Renner is a reporter for Truthout.


(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. The Lantern has no affiliation whatsoever with the originator of this article nor is The Lantern endorsed or sponsored by the originator.)

....And The Truth Shall Set Us Free


Saturday, May 19, 2007

Connecting The Dots On Grand Theft; Democracy

Clammyc, at Kos, does a bang up job connecting some dots. Too bad he/she feels the need to apologize for the great work.

Probably one reason most of us don't read Kos anymore.

Too many topics are off limit or must be written with apologies all around, for breaching a forbidden or unpopular topic.

clammyc's diary :: ::

After 2000, I thought something was up (as did many others). But I thought it was more related to the butterfly ballot and a horrific Supreme Court decision that couldn’t even be cited as precedent and would ultimately be the impetus for change in the right direction. Man was I wrong. As the next few years passed, I became more and more suspicious, but after the 2004 election, there were too many others that said, "move along, nothing to see here" or "it’s always been like this, so what are you going to do about it?"

And as more and more information came out, whether it was through the most excellent Brad Blog, Talking Points Memo, ePluribus Media or even through Black Box Voting (which, while certainly far from perfect, it did keep this issue out in the open) and the reports of exit polls being so far off for the first time ever that it defied all logic and reason, there was more and more suspicion.

But it was really just that – suspicion and a growing suspicion. However, the US Attorney purge has really opened the door to a number of, frankly shocking, issues, events and "coincidences" that certainly go a long way towards confirming a concerted effort by the republican party (as well as the RNC itself), this administration, the Department of Justice, Diebold and republican linked organizations to either manipulate the votes, disenfranchise large numbers of probably Democratic voters, change the makeup of voting districts, purge the voting rolls and otherwise skew the elections or give the republicans a distinct advantage.

Hence, I am not using the terms "voter fraud" or "voting fraud" – but am consciously using "election fraud" – which to me indicates that there was intent to skew the actual election process in favor of republicans. I will try to keep the tin foil hattery to a minimum and not provide any of my personal thoughts or assertions. But what I hope to do here is to provide some of the major pieces to a puzzle that to me would certainly give a large amount of evidence that something massive was going on with respect to ensuring the "permanent republican majority" that Tom DeLay and Karl Rove envisioned.


The US Attorney Purge

I’ll start with this, because it is the most recent, and instead of the allegations and statistics that have been used in the past, this shows (at least to me) a more than coincidental connection between the replacement of US Attorneys and their willingness to pursue voter fraud cases and other cases that would "assist" republicans in certain elections which were thought to be close. I am not going to provide the background of the purge, but will indicate that there were a few things that should be noted:

This was truly unprecedented. According to an article in Salon, the Congressional Research Service issued a report that indicated that between 1981 and 2006, only five of the 486 U.S. attorneys failed to finish their four-year terms, and none were fired for political reasons.

There were numerous options being considered between 2005 and 2006 with respect to the US Attorneys. At different points, there was talk about dismissing all 93 US Attorneys, dismissing 26 attorneys, other lists dismissing thirteen, nine, five, eight and seven attorneys;

Approximately nine "battleground states" had their US Attorney on the list at some point, and as McClatchy reported earlier this week, " In at least seven states, it now appears, U.S. attorneys were fired or considered for firing as Republicans in those states urged investigations or prosecutions of alleged Democratic voter fraud.";

The PATRIOT ACT reauthorization in 2005 allowed for a change into how interim US Attorneys would be appointed, resulting in the ability for replacements to bypass Senate confirmation and serve until the end of the President’s term.

Let’s look at a few of these Attorneys:

Washington District Attorney John McKay, a man who received excellent performance reviews, was fired. And coincidentally, his dismissal is widely speculated to have been related to his not bringing (nonexistent) voter fraud charges in the 2004 Gubernatorial election.

New Mexico District Attorney David Iglesias was added to the list of attorneys to be fired on Election Day 2006 after being threatened by NM Senator Pete Dominici (a republican) for not bringing corruption charges against a Democrat before the 2006 election (specifically public corruption charges of Albuquerque's Metropolitan Courthouse construction). Dominici reached out to Karl Rove directly in order to have Iglesias dismissed after both he and NM Representative Heather Wilson leaned on Iglesias to bring indictments before Election Day 2006.

Arkansas District Attorney Bud Cummins, the one US Attorney that Alberto Gonzales and his team backtracked from earlier assertions of "performance related dismissal", was replaced with Tim Griffin, who worked under Karl Rove at the Republican National Committee. Griffin had a large role in "caging" during the 2004 elections:

Another of the most important reasons why Griffin's appointment deserves a harder look is from his involvement in "caging," which "appeared to be" a Republican Party effort to challenge the ballots of thousands of voters in largely African American communities through mailings targeting those who were serving in Iraq. Since they were stationed out of country, they were not at the address to which the mailings were sent, and the letters were returned as "not deliverable," establishing "cause" to strike the intended recipients from the voter roles. Who sent the originating email with respect to this caging "program"? Tim Griffin.
Griffin is now being investigated FOR VOTER FRAUD for his role in the caging scheme.

Additionally, Murray Waas recently reported that the White House was concealing emails that linked Rove to Griffin’s hiring:

The Bush administration has withheld a series of e-mails from Congress showing that senior White House and Justice Department officials worked together to conceal the role of Karl Rove in installing Timothy Griffin, a protégé of Rove's, as U.S. attorney for the Eastern District of Arkansas.

The withheld records show that D. Kyle Sampson, who was then-chief of staff to Attorney General Alberto Gonzales, consulted with White House officials in drafting two letters to Congress that appear to have misrepresented the circumstances of Griffin's appointment as U.S. attorney and of Rove's role in supporting Griffin.

New Jersey District Attorney Chris Christie was on the November 1, 2006 list as well as an earlier list in January 2006 (contrary to prior reports), which would appear to be a "cover" for other US Attorneys that were to be fired. Christie seems to be one who wouldn’t make any list that would be penalizing those who weren’t "loyal Bushies", since he was a "Bush Pioneer" in 2000, "raising" over $100,000 for Bush. Additionally, the 2006 NJ Senate race was a pretty close one for much of the year, and during September 2006, there were leaks to the press about a corruption probe into Democratic Senator Menendez. While this was meant to give Kean a push, it was not only largely dismissed by the Philadelphia Inquirer at the time but nothing ever came of the probe. My guess is that Christie was put on the list as a cover for some of the other attorneys and there was little to no intention to ever fire him, but it could also be due to the fact that his probe into Menendez didn’t result in Kean winning the election.

Western Missouri District Attorney Todd Graves was dismissed in March 2006, replaced by Bradley Schlozman (a man with no prosecutorial experience). Schlozman was a political appointee to the Justice Department’s Voting Rights Section (remember this group as I will discuss it in detail below) before being appointed as replacement for Graves. The reason behind this change? Voter fraud prosecutions:

Then, in March 2006, Graves was replaced by a new US attorney -- one who had no prosecutorial experience and bypassed Senate confirmation. Bradley Schlozman moved aggressively where Graves had not, announcing felony indictments of four workers for a liberal activist group on voter registration fraud charges less than a week before the 2006 election.
Republicans, who had been pushing for restrictive new voting laws, applauded. But critics said Schlozman violated a department policy to wait until after an election to bring voter fraud indictments if the case could affect the outcome, either by becoming a campaign issue or by scaring legitimate voters into staying home.

Also recently reported by the McClatchy Washington Bureau was a story indicating the White House was urging the Justice Department to pursue voting fraud cases against Democrats in three states BEFORE the 2006 elections:

Only weeks before last year's pivotal midterm elections, the White House urged the Justice Department to pursue voter-fraud allegations against Democrats in three battleground states, a high-ranking Justice official has told congressional investigators.
In two instances in October 2006, President Bush's political adviser, Karl Rove, or his deputies passed the allegations on to Attorney General Alberto Gonzales' then-chief of staff, Kyle Sampson.

Sampson tapped Gonzales aide Matthew Friedrich, who'd just left his post as chief of staff of the criminal division. In the first case, Friedrich agreed to find out whether Justice officials knew of "rampant" voter fraud or "lax" enforcement in parts of New Mexico, Pennsylvania and Wisconsin, and report back.

All in all, these are five examples of situations where the US Attorneys were directly involved in some actions around an election which had the potential to swing or impact an election. Those that went along kept their jobs or were promoted while those who did not were removed and replaced.
********************

The Voting Rights Section at the Department of Justice

I mentioned this above with respect to Western Missouri’s Attorney Bradley Schlozman. The issue here involves Schlozman, the Voting Rights Section’s ("VRS") Special Counsel, Robert Popper and a host of others. But, consider that the Voting Rights Section is supposed to enforce the Voting Rights Act, the Help America Vote Act, protect minority rights in redistricting, make sure that voters are not disenfranchised and are able to have their votes counted. Makes sense, yes?

Now consider the following (much of this can be found in a prior diary of mine):

In the Boston Globe article linked above, there was the following quote about Schlozman’s tenure at the Voting Rights Section:
There, he came into conflict with veteran staff over his decisions to approve a Texas redistricting plan and a Georgia photo-ID voting law, both of which benefited Republicans. He also hired many new career lawyers with strong conservative credentials, in what critics say was an attempt to reduce enforcement of laws designed to eliminate obstacles to voting by minorities.

"Schlozman was reshaping the Civil Rights Division," said Joe Rich , who was chief of the voting rights section until taking a buyout in 2005, in an interview. "Schlozman didn't know anything about voting law. . . . All he knew is he wanted to be sure that the Republicans were going to win."

With respect to Special Counsel Robert Popper, consider the following:
Popper has vast experience with redistricting cases – but in a way that challenges old district lines in order to redraw them "more fairly" – focusing almost exclusively on redrawing largely minority districts (a 1996 case deals with the largely minority 12th district in New York;

Other cases being pursued by the Voting Rights Section (signed by Alberto Gonzales and Robert Popper) target districts for "not properly eliminating ineligible voters from the voting rolls". As opposed to making sure that voters CAN vote – they are focusing on cleansing (my word) the voting rolls – again, in districts that have had a large increase in Democratic registrations or are largely minority districts. This includes a questionable case in Alabama, cases in New Jersey, in Maine and Indiana all dealing with the purging of voter rolls or not using electronic voting machines;

Over 50% of the career attorneys in the Civil Rights Division have been forced out in one way or another over the past two years;

These attorneys were replaced largely with people affiliated with the Federalist Society or the Republican National Lawyers Association; and

Less than half of these "new attorneys" have little to no experience in civil rights cases at all.
There are more examples in an excellent ePluribus Media story, including the following quote from one of the career attorneys who was forced out:

"Political appointees made it quite clear that they did not wish to draw on the expertise and institutional knowledge of career attorneys. Instead, there appeared to be a conscious effort to remake the Division's career staff."

A recent editorial in the LA Times contained this observation of the Justice Department under the Bush administration:
Under the Bush administration, however, all that changed. Over the last six years, this Justice Department has ignored the advice of its staff and skewed aspects of law enforcement in ways that clearly were intended to influence the outcome of elections.

It has notably shirked its legal responsibility to protect voting rights. From 2001 to 2006, no voting discrimination cases were brought on behalf of African American or Native American voters. U.S. attorneys were told instead to give priority to voter fraud cases, which, when coupled with the strong support for voter ID laws, indicated an intent to depress voter turnout in minority and poor communities.

Given the numerous instances of reports asserting the destruction of Democratic party voter registrations in numerous states, as well as the numerous reports of irregularities around the country, none of these were pursued by the VRS. Yet, the VRS, under Popper, Schlozman and Gonzales, chose to pursue cases where it would curtail the rights of people to have their votes counted.
************************

2002 - New Hampshire Phone Jamming and Georgia’s "Miracle Win By Chambliss"

In 2002, John Sununu won a close Senate race. On Election Day 2002, there were charges of "phone jamming" the Democrats’ get out the vote efforts. While Sununu probably would have won even without this, there was ultimately the conviction of three NH Republican Party officials of violating Federal Communications Law:

[Charles] McGee and two other participants -- Republican National Committee regional political director James Tobin and GOP consultant Allen Raymond-- have been found guilty of criminally violating federal communications law. Tobin will be sentenced today in U.S. District Court in Concord, N.H.

It should be noted that right before the phone jamming scheme, there were two $5,000 contributions from Jack Abramoff clients as well as another $5,000 from Tom DeLay’s "Americans for a Republican Majority" PAC.
********************

This paled in comparison to what went on in Georgia in 2002. An article in the September 21, 2006 Rolling Stone by Robert F. Kennedy Jr. contained a discussion with a Diebold consultant who was involved with the Georgia election in 2002. Now, this was one of the first in which the Diebold machines were used, and was also the election where Saxby Chambliss came from a five to six point deficit the week of the election to win by seven points – a near statistical impossibility. While this was dubbed a "miracle", there was much more to it than met the eye.

Essentially, as described by Christopher Hood (the former Diebold consultant), Georgia Secretary of State Cathy Cox basically "outsourced" the entire 2002 election process – the training, setting up of machines, counting the votes, etc. to Diebold.

As Hood described, there were unapproved and unauthorized software patches put in around the time of the Georgia primary:

Then, one muggy day in mid-August, Hood was surprised to see the president of Diebold's election unit, Bob Urosevich, arrive in Georgia from his headquarters in Texas. With the primaries looming, Urosevich was personally distributing a "patch," a little piece of software designed to correct glitches in the computer program. "We were told that it was intended to fix the clock in the system, which it didn't do," Hood says. "The curious thing is the very swift, covert way this was done."

---snip---

"It was an unauthorized patch, and they were trying to keep it secret from the state," Hood told me. "We were told not to talk to county personnel about it. I received instructions directly from Urosevich. It was very unusual that a president of the company would give an order like that and be involved at that level."

---snip---

According to Hood, Diebold employees altered software in some 5,000 machines in DeKalb and Fulton counties - the state's largest Democratic strongholds. To avoid detection, Hood and others on his team entered warehouses early in the morning. "We went in at 7:30 a.m. and were out by 11," Hood says. "There was a universal key to unlock the machines, and it's easy to get access. The machines in the warehouses were unlocked. We had control of everything. The state gave us the keys to the castle, so to speak, and they stayed out of our way." Hood personally patched fifty-six machines and witnessed the patch being applied to more than 1,200 others.
All emphasis here is mine.

During 2003, A number of reports and presentations were made throughout the United States showing why the Diebold machines should not be certified for use in elections. I’ll also point out that California unanimously voted to have the Secretary of State decertify the machines in 2004, and was considering bringing charges against the firm related to use of these machines. However, the machines were still widely used during the 2004 elections.
*********************

2004 Texas Redistricting

For those who forget the gerrymandering of the Texas House Districts which was engineered by Tom DeLay, I’ll make brief mention of it here. Through DeLay’s two PACs (Texans for a Republican Majority and Americans for a Republican Majority), the newly republican Texas Legislature in 2003 tried to ram through a redistricting plan which was hotly contested by the Democrats.

The the redistricting case ultimately went to the Supreme Court, who partially overturned in 2006, and there were two walkouts by Democrats in the Texas Legislature – precluding a quorum from existing and allowing the redistricting to occur. The Justice Department ruled that this violated the Voting Rights Act. Republicans gained 4 or 5 seats from this redistricting alone.

2004 Election – Ohio. The "fruits" of their labor

Without beating this to death, there were so many issues with the 2004 election, I’ll just make mention of them – mainly since this is already getting long, many people already know of most of these and they really are more symptoms than the root cause of the larger point of the diary.
But, I will provide links to these and a brief description of the "issues and irregularities" – pretty much all of which favored Bush and the republicans.
There was Ohio, and anything related to Ohio is not complete without Georgia10’s excellent writeup from January 2005 and eRiposte’s roundup of overall voter suppression/intimidation/suppression items from 2004.

I want to point out here that the following issues with Ohio may not be the "proof" that the election was stolen, and I am not really interested in giving my opinion of this here anyway.

What I want to do with Ohio is to provide a summary of the major issues that have been pointed out in the past. As I also said in my opening, I am also not discussing the exit poll discrepancies in Ohio, Florida, Pennsylvania or any other states, as even though I think it is highly fishy, there are a number of postings and people who doubt the methodology and accuracy, or don’t think this rises to a level of "fraud". Needless to say, I think that the exit polls aren’t really as pertinent to the larger picture of what I am laying out here. They are quite possibly "proof" or support for the "fruits of the larger picture" of election fraud. However, for my purpose here, the following merely serves as examples of what this effort could produce on election day.


That all being said, consider the following:
Extremely long lines in minority and predominantly Democratic districts. Nearly 100 voting machines staying in storage when they were desperately needed in such districts (I’ll point out that there was very little waiting time in republican districts).

So many "errors and issues" that would necessitate a recount, just based on the number of issues alone. Widespread voter suppression tactics, including "Democrats vote on November 3" flyers. The nonexistent terror threat in Warren County that precluded anyone from watching the votes be counted. Secretary of State Ken Blackwell’s connection to Florida 2000, the decision regarding voter registrations being on a certain weight paper and his being co-Chair of Bush’s reelection committee. The incredibly high voter turnout (131% in the Clyde precinct) in republican counties and just as incredibly low turnout (as low as 7%) in Democratic counties. The "fixed Ohio recount", where the tallies and counties were pre-selected. There are many more, but I don’t want this to become a rehashing of what happened in Ohio.

Again, this is not to say that every one of these (1) are related or (2) indicative of a centralized effort to commit voter fraud. However, nearly all of the irregularities and issues favored Bush and the republicans. This also doesn’t provide proof that there was hacking of the voting machines either. Yet, there were still 4,000 votes for Bush in a precinct that had 600 total voters, and too large of a number of widespread issues that were all targeting Democrats. This is not something that can all be the result of isolated incidents. Again, these are more "suppression" tactics that can be linked back to decisions made by Blackwell, who was linked to Bush’s re-election campaign.
********************

Conclusion

Of course, there was the comment made by Rep. Peter King in the fall of 2004 indicating that "it’s all over but the counting, and we’ll take care of the counting". There were the exit poll discrepancies, and while there has been much debate over whether there was a problem with the way the exit polls were conducted, it is interesting to note that exit polls have been as close to the best indicator of a fair election for decades in scores of countries. The same exit polls that led to allegations of fraud and massive protests in the Ukraine right after our own 2004 elections. they do lead to questions (updated so as to not distract from the true intent of the diary)

There was also the proclamation by Diebold Executive Walden O’Dell that he would deliver Ohio’s electoral votes to Bush.

But the hundreds of instances of irregularities, suppression, disenfranchisement and possible fraud in the 2004 election are merely symptoms of the larger issue. Maybe Peter King was kidding when he uttered those words on the White House lawn and maybe O’Dell was just saying this as a Bush supporter – but sometimes the truth comes out in jest as well.

From my perspective, the whole "permanent republican majority" meme was something that really resonated. What is happening at the Voting Rights Section in the DOJ, and what has happened with the voting machine security issues, especially in light of them being run by businesses that are very cozy to the republican party. There are also other things that can not be explained at this time which may play a part as well. For example, what was in those missing emails that Rove deleted? What was the purpose of the wiretapping program that even had Ashcroft not want to recertify it? What was being done with the data mining rooms at AT&T and other facilities? Maybe it had nothing to do with keeping the "permanent republican majority". Maybe it did – but either way, there is ample evidence that the republicans over the past six years have put many things into place that "had the appearance" of tilting the scales in favor of republicans – not just on or around election day, but all throughout the Justice Department, the RNC, the Secretary of State in "key battleground states", through destroying voter registrations and through Political Action Committees (at least in NH and Texas, if not other states as well).

As I said last week, this cuts right to the heart of our democracy.

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. The Lantern has no affiliation whatsoever with the originator of this article nor is The Lantern endorsed or sponsored by the originator.)

....And The Truth Shall Set Us Free

Friday, May 18, 2007

Dems seek no-confidence vote on Gonzales


Has anyone had any confidence in Gonzo since he became the "Torture- memo guy?"

Now, is time for a no-confidence vote in this entire, criminal administration.

We call it impeachment!

Dems seek no-confidence vote on Gonzales - Yahoo! News:

"WASHINGTON - Support for Attorney General Alberto Gonzales sank further Thursday as Democrats proposed a no-confidence vote, a fifth GOP senator called for his resignation and yet another Republican predicted he won't survive a congressional investigation.

The White House shrugged off the no-confidence idea as merely symbolic, and President Bush continued to stand by his embattled friend.

By any measure, the news was not good for Gonzales. Democrats proposed two versions of a non-binding resolution expressing what senators of both parties have said for weeks: that Gonzales has become too weakened to run the Justice Department.

Wednesday, May 16, 2007

Gonzo, In Grand Bushite Tradition, Throws Another Man Under The Bus

Next up for heavy traffic: The new war czar.

Does anyone else get the decided impression that there are a lot of seasoned professionals, from almost every department of government, who are scared shitless of the Familia Arbusto?

This is not the America in which I grew up.


Gonzales: Deputy Was Pointman on Firings
By LARA JAKES JORDAN
The Associated Press
May 15, 2007; 10:24 PM

WASHINGTON -- Attorney General Alberto Gonzales said Tuesday he relied heavily on his deputy to oversee the firings of U.S. attorneys, appearing to distance himself from his departing second-in-command.

Gonzales' comments came the day after Deputy Attorney General Paul McNulty said he would step down by the end of summer, a decision that people familiar with his plans said was hastened by the controversy over last year's firings of eight prosecutors.

"At the end of the day, the recommendations reflected the views of the deputy attorney general. He signed off on the names," Gonzales told reporters after a speech about Justice Department steps to curb rising violent crime.

"The one person I would care about would be the views of the deputy attorney general, because the deputy attorney general is the direct supervisor of the United States attorneys," Gonzales said.

McNulty, reached in San Antonio after Gonzales' remarks, declined to respond.

Gonzales has said he most valued McNulty's opinions about firing the prosecutors, now under investigation by Congress to determine if they were politically motivated. But his remarks Tuesday, on the heels of McNulty's resignation, underscored weeks of strain between the two men and their staffs. It also raised questions of whether McNulty's resignation also was ordered, despite his insistence that it was his own decision to step down.

Gonzales, a longtime friend and adviser to President Bush, has so far survived calls for his own resignation. "At the end of the day, that really is a question for the president of the United States," the attorney general said anew Tuesday. "He gets to make that call."

On Capitol Hill, lawmakers from both parties defended McNulty and rapped Gonzales' leadership of the Justice Department.

Sen. Arlen Specter, top Republican on the Senate Judiciary Committee, called McNulty a "professional" and then added: "It's embarrassing for a professional to work for the Department of Justice today."

"It is hard to see how the Department of Justice can function and perform its important duties with Mr. Gonzales remaining where he is," said Specter, R-Pa.

House Judiciary Chairman John Conyers, D-Mich., questioned whether McNulty was being made to take the blame for the department's botched handling of the firings.

"With this Justice Department, the buck always stops somewhere else, and the fall guy is always the last guy out of the door," said Conyers.

McNulty has acknowledged approving, last October, the list of prosecutors who were ordered to leave. But documents released by the Justice Department show he was not closely involved in picking all the U.S. attorneys who were put on the list _ a job mostly driven by two Gonzales staffers with little prosecutorial experience.

Gonzales ultimately signed off on the list. He said he was reassured by McNulty as recently as March that the firings were justified.

Gonzales called McNulty's pending departure "a loss. ... I'm really going to miss him."
White House spokesman Tony Snow said McNulty's departure would not affect Gonzales' standing with the president.

"Paul also served this country very well and we certainly thank him for his service, but it certainly does not change the way in which we view the attorney general," Snow said. "Instead, what we do is we thank Paul for his service."

Former federal terrorism prosecutor Aitan Goelman, who attended Gonzales' speech, said the attorney general seemed intent on highlighting McNulty's role in the controversy.

"It clearly seemed deliberate," said Goelman, who was hired to work at Justice Department headquarters during the GOP administration of President George H.W. Bush and continued working for Democratic Attorney General Janet Reno. "He took pains to describe McNulty as someone who was closely consulted and in the loop."

Gonzales also disagreed with his former deputy attorney general, Jim Comey, who earlier this month told a House panel that senior Justice aides may have permanently tarnished the department if they, as alleged, hired career prosecutors based on political affiliations.

"Sometimes mistakes happen," Gonzales said. "This is a great institution that always recovers from those mistakes."

Comey, testifying at a Senate panel at almost the same time, said he had a high opinion of Gonzales _ and most of the U.S. attorneys who were fired.

"He was smart and engaged," Comey said of Gonzales. "I did not have reason to question his judgment as attorney general."

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On the Net:
Justice Department: http://www.usdoj.gov/


(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. The Lantern has no affiliation whatsoever with the originator of this article nor is The Lantern endorsed or sponsored by the originator.)

....And The Truth Shall Set Us Free