September 1, 2007

Let It Burn

Filed under: Republican Party, conservatism, corruption — maha @ 9:00 pm

In keeping with our current theme about government and its responsibilities — David Sirota writes,

With Montana facing major wildfires, senior Montana Republican lawmaker John Sinrud - who heads the state House’s appropriations committee - used a legislative hearing this week to attack Gov. Brian Schweitzer’s (D) administration for — get ready for this — trying to prevent homes and buildings from being burnt down. At the hearing, he asks “Why not just let [buildings] burn?”

You can hear it yourselves –


David S. continues,

The Helena Independent Record last week reported that Schweitzer is being forced to call an emergency legislative session (at a cost of $65,000 per day) in order to obtain more firefighting money because Republicans like Sinrud previously rejected his efforts to add that money to the budget - all while they advocated for massive tax cuts for out-of-state corporations. The Montana GOP has responded by writing letters to the editor claiming Schweitzer is lying, though the Great Falls Tribune editorial board debunks that claim entirely — showing that it is the GOP that is lying.

I keep saying the American people need to face some basic questions about government, like why do we bother to have one if it’s not going to do shit for citizens? Right wing extremists have decided that government has no responsibilities to citizens at all. It is not supposed to protect civil liberties, or property, or public safety, or even lives. To the Right, government exists only to protect privilege and accumulate power, and if you aren’t already in the “privileged and powerful” column you’re on your own. But I suspect there are a lot of (perhaps former) Republican voters who didn’t realize that’s what they signed on for.

Spotlight

August 19, 2007

“All Politics, All the Time.”

Filed under: Bush Administration, corruption — maha @ 9:59 am

Following up yesterday’s post on possible Hatch Act violations by the White House — John Solomon, Alec MacGillis and Sarah Cohen provide more details in today’s Washington Post. Karl Rove, they write, enlisted “political appointees at every level of government in a permanent campaign that was an integral part of his strategy to establish Republican electoral dominance.”

Thirteen months before President Bush was reelected, chief strategist Karl Rove summoned political appointees from around the government to the Old Executive Office Building. The subject of the Oct. 1, 2003, meeting was “asset deployment,” and the message was clear:

The staging of official announcements, high-visibility trips and declarations of federal grants had to be carefully coordinated with the White House political affairs office to ensure the maximum promotion of Bush’s reelection agenda and the Republicans in Congress who supported him, according to documents and some of those involved in the effort.

“The White House determines which members need visits,” said an internal e-mail about the previously undisclosed Rove “deployment” team, “and where we need to be strategically placing our assets.” …

… Under Rove’s direction, this highly coordinated effort to leverage the government for political marketing started as soon as Bush took office in 2001 and continued through last year’s congressional elections, when it played out in its most quintessential form in the coastal Connecticut district of Rep. Christopher Shays, an endangered Republican incumbent. Seven times, senior administration officials visited Shays’s district in the six months before the election — once for an announcement as minor as a single $23 government weather alert radio presented to an elementary school. On Election Day, Shays was the only Republican House member in New England to survive the Democratic victory.

Apparently the administration officials on these trips didn’t make campaign appearances with the GOP candidates. However, these appearances were hardly apolitical.

In practical terms, that meant Cabinet officials concentrated their official government travel on the media markets Rove’s team chose, rolling out grant decisions made by agencies with red-carpet fanfare in GOP congressional districts, and carefully crafted announcements highlighting the release of federal money in battleground states.

Further,

… the scale of Rove’s effort is far broader than previously revealed; they say that Rove’s team gave more than 100 such briefings during the seven years of the Bush administration. The political sessions touched nearly all of the Cabinet departments and a handful of smaller agencies that often had major roles in providing grants, such as the White House office of drug policy and the State Department’s Agency for International Development.

As I understand it — note that I’m not an expert — the grants themselves were not a violation of the Hatch Act if the “team” was only making announcements and not meddling with the allocations themselves. The question is, did Bush appointees make grant decisions based on the White House’ political goals?

“What we are seeing is the tip of a whole effort to make the federal government a subsidiary of the Republican Party. It was all politics, all the time,” Rep. Henry A. Waxman (D-Calif.), chairman of the oversight committee, said last week.

There is no question there was tight coordination of campaigns and grant allocations –

Shays wrote Bush on Sept. 8, 2006, to seek the early release — before the election — of heating assistance money for low-income residents in his state. Just four days later, the White House released $6 million. Asked to comment on the administration’s help, Shays’s campaign manager Michael Sohn said, “Chris was grateful to be returned to office based on his record of hard work and accomplishment.”

Were the grant decisions made for political expedience? A WaPo analysis of 2004 Department of Health and Human Services grants for community health and disease-prevention programs showed that

[H]alf the awards went to targeted election states or congressional districts, the rest to noncompetitive areas that included Democratic strongholds.

The agency’s news release about those grants, however, detailed at the top just four recipients — in Florida, Ohio, Pennsylvania and an Oklahoma congressional district — that Rove’s team identified in earlier 2004 briefings as key to the GOP’s reelection strategy.

I would argue that while these grants may not have been politically tainted, taxpayer monies were being used to pay someone in the agency to write GOP campaign press releases. I’d also like to see how much taxpayer money was used to pay for all that travel.

Labor Secretary Elaine L. Chao made 13 official visits in the last two months of the election, never straying more than 50 miles from the media markets on Rove’s office list, the analysis showed. That August, she attended three local Fraternal Order of Police meetings in the battleground states of Pennsylvania, Ohio and Michigan to tout new overtime rules that would soon go into effect. Likewise, she traveled to Tampa — another targeted media market — to announce grants for recipients who actually lived in Jacksonville, Fla., a less competitive area.

Aside from her home town of Denver, Interior Secretary Gale A. Norton visited just five cities in the first two months of 2004, according to the public announcements. But that pace changed between June and November, when — in visits to 37 cities — she hit the target election markets 32 times, the announcements show.

The White House probably will argue that as long as the officials didn’t specifically endorse candidates, these were not really “campaign” trips. On the other hand …

Those visits occurred after Interior liaison William Kloiber wrote to White House political affairs aide Matt Schlapp to thank him for a briefing about the political landscape. In an e-mail obtained by congressional investigators, Kloiber wrote, “Sometimes these folks need to be reminded who they work for and how their geographic travel can benefit the President.“[emphasis added]

Um, Mr. Kloiber? Who do you work for?

Let’s go back to grant allocation. The White House claims that Karl avoided meddling in “grant and contract decisions made by career government employees.” But more and more of those “career government employees” were hand-picked for their political loyalties.

And can we say “Department of Homeland Security”? In the spring of election year 2004, we learned that DHS was not exactly allocating grant money according to risk.

Of the top 10 states and districts receiving the most money per capita last year, only the District of Columbia also appeared on a list of the top 10 most at-risk places, as calculated by AIR for TIME. In fact, funding appears to be almost inversely proportional to risk.

If all the federal homeland-security grants from last year are added together, Wyoming received $61 a person while California got just $14, according to data gathered at TIME’s request by the Public Policy Institute of California, an independent, nonprofit research organization. Alaska received an impressive $58 a resident, while New York got less than $25. On and on goes the upside-down math of the new homeland-security funding.

There was much chest-thumping and vows to do better, but in the spring of election year 2006 we learned that New York City has no landmarks worth protecting.

Instead, the department’s database of vulnerable critical infrastructure and key resources included the Old MacDonald’s Petting Zoo near Huntsville, Ala., a bourbon festival, a bean festival and the Kangaroo Conservation Center in Dawsonville, Ga. …

… [T]he Homeland Security assessment of New York this year failed to include Times Square, the Empire State Building the Brooklyn Bridge or the Statue of Liberty as a national icon or monument.

Someone might want to revisit the DHS grant issue. When New York City howled about its reduced DHS money in 1996, Michael Chertoff said it was New York’s own fault for not filing their proposals properly. Jen Chung wrote at The Gothamist (June 2, 2006; emphasis added):

As New York state and city politicians attack the Department of Homeland Security over cutting the funds NYC gets for anti-terrorism efforts, the DHS has been fighting back by saying that New York City’s proposal wasn’t well-prepared. The NY Times writes, “Federal officials said yesterday that the city had not only done a poor job of articulating its needs in its application, but had also mishandled the application itself, failing to file it electronically as required, instead faxing its request to Washington.” Ha! NY state and city officials say that, in fact, they did electronically submit the application - but you know that there’s probably sniping about so-and-so’s aide or intern screwing things up. But In fact, NYC, though in the “top 25% of urban areas at risk,” was rated in the bottom 25% for the “quality of its application”! Our politicians, though, are saying that the DHS directed money to cities where reelections were coming up in the fall. The Daily News has a feature on Tracy Henske, the DHS official who “signed off on the cuts” - she’s from Missouri and Missouri cities got increases in funding!

Jen Chung linked to a New York Post article that is no longer online. This deserves further investigation, I say.

Spotlight

August 18, 2007

Saturday Cartoons and Scandal Preview

Filed under: Bush Administration, corruption — maha @ 9:21 am

First, the cartoons.

[Update: Hat tip to erinyes — ya gotta see the FKN Newz Roundup.]

The scandal preview is provided by Marisa Taylor and Kevin G. Hall of McClatchy Newspapers, who write:

Top Commerce and Treasury Departments officials appeared with Republican candidates and doled out millions in federal money in battleground congressional districts and states after receiving White House political briefings detailing GOP election strategy.

Political appointees in the Treasury Department received at least 10 political briefings from July 2001 to August 2006, officials familiar with the meetings said. Their counterparts at the Commerce Department received at least four briefings — all in the election years of 2002, 2004 and 2006.

If these political appointees spent taxpayer money to benefit candidates, it would be a violation of the Hatch Act.

During the briefings at Treasury and Commerce, then-Bush administration political director Ken Mehlman and other White House aides detailed competitive congressional districts, battleground election states and key media markets and outlined GOP strategy for getting out the vote.

Commerce and Treasury political appointees later made numerous public appearances and grant announcements that often correlated with GOP interests, according to a review of the events by McClatchy Newspapers. The pattern raises the possibility that the events were arranged with the White House’s political guidance in mind.

I like the next part:

One congressional aide, who asked to remain anonymous, said the investigation was revealing “a number of remarkable coincidences” similar to how Treasury and Commerce events appeared to coincide with the strategy in the political briefings. However, it remains to be seen whether the subsequent department actions were intentional, said the aide, who asked not to be named because the investigation is ongoing.

Remarkable, yes. This is a remarkable administration. I assume the White House will stand by the “coincidence” story. And I assume one would need some documentation that proves intent. Further, I assume most of such documentation has already been shredded.

I also assume that, even as I keyboard, all manner of operatives and sympathizers are going through Clinton Administration records to find similar “coincidences” to prepare their usual fallback defense — Clinton did it, too. However, a former Clinton Administration Treasury official is quoted as saying nothing remotely like that happened in the Clinton years. “I never experienced anything like that. The notion that the White House would be holding meetings with Treasury appointees just didn’t fit.”

As part of the probe, committee investigators found that White House drug czar John Walters took 20 trips at taxpayers’ expense in 2006 to appear with Republican congressional candidates.

Remarkable coincidences, huh?

In a separate investigation, the independent Office of Special Counsel concluded that GSA Administrator Lurita Alexis Doan violated the Hatch Act, which limits the political activities of government employees. Witnesses told investigators that Doan asked at the end of one political briefing in January 2007 what her agency could do to help GOP candidates. Doan has said she doesn’t recall that remark.

Violations of the Hatch Act are treated as administrative, not criminal, matters, and punishment for violations ranges from suspension to termination. The administration has not taken any action against Doan.

And, of course, it won’t, because as long as the administration doesn’t punish anyone they can pretend it never happened. Democrats in Congress are just witch hunting.

In the months leading up to the 2002 election, then-Commerce Secretary Don Evans, Bush’s former campaign finance chairman, made eight appearances or announcements with Republican incumbents in districts deemed by White House aides either as competitive districts or battleground presidential states.

During the stops, he doled out millions of dollars in grants, including in two public announcements with Rep. Heather Wilson, a New Mexico Republican in a competitive district.

That Heather Wilson is a busy girl.

Taylor and Hall describes several more remarkable coincidences involving Treasury officials, then say,

Bush’s first treasury secretary, Paul O’Neill, stuck mainly to giving speeches praising President Bush’s economic policies rather than appearing with candidates. O’Neill was unceremoniously dumped after disagreeing repeatedly with the White House.

Was O’Neill asked to take part in some coincidences before he was dumped?

The briefings are part of the legacy of White House political adviser Karl Rove, who announced this week that he’s stepping down at the end of the month to spend more time with his family.

Digby speculates that the Hatch Act investigations might have been the real reason Rove decided to spend more time with his family. She reminds us that fired U.S. Attorney David Iglesias, who filed a Hatch Act complaint against Rove, said

I believe if OSC digs in, they can get direct evidence. …

… [T]he Justice Department papers everything. I mean, the most minute issue has an incredible researched and memoed product. There has to be a paper trail. I haven’t seen it yet. If it’s not at the Justice Department, it has got to be at the White House.

The White House will, of course, claim executive privilege. But that takes us into a whole new rant, so I believe I will stop here.

Spotlight

June 28, 2007

The Devil and Dick Cheney

Filed under: Bush Administration, Dick Cheney, criminal justice, corruption — maha @ 11:18 am

You know the Veep is in trouble when he’s lost David Broder. “[W]hen presidential candidate George W. Bush chose Dick Cheney as his running mate, I applauded the choice. … Boy, was I wrong.”

Truly, there’s not much lower Dick can sink. I checked to see if Hugh Hewitt had turned on him yet — that would be, I think, absolute rock bottom — but I found no recent Hewitt postings on Cheney. Yet. Even really stupid rats will get off the sinking ship before they drown.

Do a news google for “impeach Cheney” and you get an eyeful. Coming at a time when the Bush Administration faces mutiny over immigration, it can truly be said the White House is (finally) under siege from all sides. Some parts of the Republican Party are still trying to provide a buffer, of course, but the GOP is starting to look like the last defenders of the Bastille.

Raw Story reports that this morning the White House asserted “executive privilege” and said it would not turn over documents related to the firings of federal attorneys. I believe we’re still waiting for a response to yesterday’s subpoenas regarding the warantless wiretap program.

My understanding is that if the Administration refuses to comply with subpoenas from Congress, Congress has to go to a federal court to get the subpoenas enforced. If a court rules the Administration must comply, the White House can appeal, and fish around for federal judges who will allow them to continue to operate outside the law. That’s how the Dickster was able to avoid turning his energy task force records over to the General Accounting Office, for example.

I assume the White House can appeal this all the way to the Supreme Court. Yeah, that’s so … not reassuring. Judging in part by how the voting went in Bush v. Gore, in which Kennedy, O’Connor, Rehnquist, Scalia and Thomas voted to stop the recounts, I can see the votes falling the same way they did during the recent Carhart decision — Kennedy, Alito, Roberts, Scalia, and Thomas supporting the White House; Breyer, Ginsburg, Souter and Stevens upholding the law.

Right now, this nation is as close to totalitarianism as it has ever been. Closer, probably.

What if the White House exhausts all appeals and still refuses to turn over the subpoenaed documents? I honestly don’t know what the next step might be. I’m not sure that’s ever happened before. How might they be forced to comply? There have been many times in American history in which some or all of the three branches of government were at odds with each other, but the extreme behavior of the Bush Administration is taking us into uncharted territory.

An appeal process could drag on for months. The Bushies might run out the clock. Or, if it is resolved late next year, Congress might decide to spare itself from sending law enforcement agents into the White House to enforce the subpoenas.

Even so, I sincerely hope all appearances of criminal behavior will be investigated, and the perps brought to justice eventually. As long as it takes. That means it’s essential to seek no pardon pledges from all our Democratic presidential candidates.

And, David Broder — shut up and listen to us dirty bleeping hippies next time, OK?

Essential reading — don’t miss Sidney Blumenthal’s essay, “The imperial vice presidency,” in Salon today. See also “Impeach Cheney: The Vice President Has Run Utterly Amok and Must Be Stopped” by Bruce Fein in Slate and “Cheney and the National Security Secrets Fraud” by Scott Horton at Harper’s.

Also — I realize Rep. Dennis Kucinich introduced articles of impeachment against Cheney last April. Does anyone have a link to the exact document that Kucinich submitted to the House? I ran into one commenter who said that Kucinich’s bill, while well-intentioned, did not introduce the strongest reasons to impeach Cheney. I’d like to read it myself before I comment.

Spotlight

March 26, 2007

Doing Business

Lurita Alexis Doan, Chief Administrator of the General Services Administration, says on the GSA web site that she hopes to meet “President Bush’s challenge for all federal agencies to find new and smarter ways to do business.”

That business is, apparently, electing Republicans.

Scott Higham and Robert O’Harrow Jr. write in today’s Washington Post:

Witnesses have told congressional investigators that the chief of the General Services Administration and a deputy in Karl Rove’s political affairs office at the White House joined in a videoconference earlier this year with top GSA political appointees, who discussed ways to help Republican candidates.

With GSA Administrator Lurita Alexis Doan and up to 40 regional administrators on hand, J. Scott Jennings, the White House’s deputy director of political affairs, gave a PowerPoint presentation on Jan. 26 of polling data about the 2006 elections.

When Jennings concluded his presentation to the GSA political appointees, Doan allegedly asked them how they could “help ‘our candidates’ in the next elections,” according to a March 6 letter to Doan from Rep. Henry A. Waxman (D-Calif.), chairman of the House Oversight and Government Reform Committee. Waxman said in the letter that one method suggested was using “targeted public events, such as the opening of federal facilities around the country.”

Doan is scheduled to testify to the House Oversight and Government Reform Committee on Wednesday. Doan and others may have violated the Hatch Act, which forbids executive-branch employees from using their positions for partisan political purposes.

(That’s Henry Waxman’s committee, the same one that heard the testimony of Valerie Plame. I just wanted to point that out to underscore why it was so important to elect a Democratic majority to Congress in the midterms. It wasn’t because Democrats are perfect, because they aren’t, but turning control of committees over to Democrats makes investigation of the Bush Regime possible.)

The planned hearing is part of an expanding examination by Waxman’s committee of Doan’s tumultuous 10-month tenure as administrator of the GSA. The government’s leading procurement agency annually handles about $56 billion worth of federal contracts.

The committee is also expected to question Doan about her attempt to give a no-bid job to a friend and professional associate last summer. In addition, the committee plans to look at Waxman’s charge that Doan “intervened” in a troubled technology contract with Sun Microsystems that could cost taxpayers millions more than necessary.

Ah, yes. Bushies and cronyism. Together forever.

In the Senate, Doan is facing a similar line of questioning in letters from Sen. Charles E. Grassley (R-Iowa). Also examining Doan are the GSA’s Office of Inspector General and the independent federal Office of Special Counsel, which investigates allegations of Hatch Act violations.

In several recent statements, Doan has said she did nothing wrong. She said her troubles are the result of retaliation by the inspector general over her efforts to rein in spending and balance the GSA budget. Doan, a wealthy former government contractor who sold her company before taking over the GSA last May, has hired three law firms and two media relations companies at her own expense to handle inquiries from the federal investigators and the news media.

“Ever since I made the decision to restore fiscal discipline to all divisions within GSA, I have had to face a series of personal attacks and charges,” Doan said in a March 7 statement.

Readers of the rightie e-rag Townhall are being told that Doan has been targeted by Waxman’s Witch Hunt because she dared to cut spending — you know that liberals are pro-spending — and because Doan canceled a $20,000 contract intended to “promote diversity.” The WaPo story mentions the contract and provides some information Townhall leaves out —

On July 25, two months after Doan took office, she took the unusual step of personally signing the no-bid arrangement with Diversity Best Practices and Business Women’s Network, firms then run by Fraser, to produce a report about GSA’s use of businesses owned by minorities or women. The GSA’s general counsel at the time, Alan R. Swendiman, told Waxman’s investigators he was “alarmed” that the project was not competitively bid.

“Fraser” is Edie Fraser, a Washington public relations executive with whom Doan has had a long business relationship and who helped Doan get the plum GSA position. It appears the contract was a quid pro quo.

The GSA general counsel “immediately and repeatedly” advised Doan to terminate the contract. When Doan refused, the general counsel directed another GSA official to do the terminating. Somehow these little details escaped the attention of Townhall.

The J. Scott Jennings, the “deputy in Karl Rove’s political affairs office” mentioned above, was also instrumental in getting one of Rove’s aides, Tim Griffin, a U.S. Attorney job. Among the items discussed during the videoconference were how they could keep Nancy Pelosi from attending the opening of a new courthouse in her district.

Karl Rove and various Republican politicians apparently pushed U.S. attorneys to manufacture charges against Democrats to help Republicans win elections. And now this. What do you want to bet that similar shenanigans are going on in several other federal agencies?

Pass the popcorn.

Spotlight

March 22, 2007

“Republican Holy Office of the Inquisition”

Sidney Blumenthal:

In the U.S. attorneys scandal, Gonzales was an active though second-level perpetrator. While he gave orders, he also took orders. Just as his chief of staff, Kyle Sampson, has resigned as a fall guy, so Gonzales would be yet another fall guy if he were to resign. He was assigned responsibility for the purge of U.S. attorneys but did not conceive it. The plot to transform the U.S. attorneys and ipso facto the federal criminal justice system into the Republican Holy Office of the Inquisition had its origin in Karl Rove’s fertile mind.

There’s more evidence of political manipulation of justice this morning. Carol D. Leonnig writes for the Washington Post:

The leader of the Justice Department team that prosecuted a landmark lawsuit against tobacco companies said yesterday that Bush administration political appointees repeatedly ordered her to take steps that weakened the government’s racketeering case.

Sharon Y. Eubanks said Bush loyalists in Attorney General Alberto R. Gonzales’s office began micromanaging the team’s strategy in the final weeks of the 2005 trial, to the detriment of the government’s claim that the industry had conspired to lie to U.S. smokers.

She said a supervisor demanded that she and her trial team drop recommendations that tobacco executives be removed from their corporate positions as a possible penalty. He and two others instructed her to tell key witnesses to change their testimony. And they ordered Eubanks to read verbatim a closing argument they had rewritten for her, she said.

“The political people were pushing the buttons and ordering us to say what we said,” Eubanks said. “And because of that, we failed to zealously represent the interests of the American public.”

If you don’t remember the tobacco case, here’s a June 8, 2005 article by Ms. Leonnig for background. She wrote then,

After eight months of courtroom argument, Justice Department lawyers abruptly upset a landmark civil racketeering case against the tobacco industry yesterday by asking for less than 8 percent of the expected penalty.

As he concluded closing arguments in the six-year-old lawsuit, Justice Department lawyer Stephen D. Brody shocked tobacco company representatives and anti-tobacco activists by announcing that the government will not seek the $130 billion that a government expert had testified was necessary to fund smoking-cessation programs. Instead, Brody said, the Justice Department will ask tobacco companies to pay $10 billion over five years to help millions of Americans quit smoking.

Steve Soto remarked (June 7, 2005):

Well, all those campaign contributions taken by Bush/Cheney (nearly $260,000 in 2000 and 2004) and the GOP from the tobacco industry over the years finally bought a $120 billion payday for Big Tobacco when the Alberto Gonzales Justice Department shocked the industry and anti-smoking advocates alike today by scuttling the government’s own litigation.

Remember when I said of the U.S. Attorney scandal, “this is huge“? If clear ties to President Bush are established, this issue has the potential of putting impeachment back on Nancy Pelosi’s to-do list.

Back to today’s article by Ms. Leonnig:

Yesterday was the first time that any of the government lawyers on the case spoke at length publicly about what they considered high-level interference by Justice officials.

Eubanks, who retired from Justice in December 2005, said she is coming forward now because she is concerned about what she called the “overwhelming politicization” of the department demonstrated by the controversy over the firing of eight U.S. attorneys. Lawyers from Justice’s civil rights division have made similar claims about being overruled by supervisors in the past.

Pay close attention to this part:

Eubanks said Congress should not limit its investigation to the dismissal of the U.S. attorneys.

“Political interference is happening at Justice across the department,” she said. “When decisions are made now in the Bush attorney general’s office, politics is the primary consideration. . . . The rule of law goes out the window.”

In its defense, the Justice Department explains it conducted its own internal investigation and cleared itself of wrongdoing. The JD also says the decision to pull back on the case was vindicated last year when a U.S. district judge said “she could not order the monetary penalty proposed by the government.” So they have an excuse for reducing the amount of damages sought. But changing testimony? Weakening the case?

The political appointees who allegedly interfered with the prosecution were “then-Associate Attorney General Robert D. McCallum, then-Assistant Attorney General Peter Keisler and Keisler’s deputy at the time, Dan Meron.” McCallum is now the U.S. ambassador to Australia

The Clinton Justice Department brought the unprecedented civil suit against the country’s five largest tobacco companies in 1999. President Bush disparaged the tobacco case while campaigning in 2000. After Bush took office, some officials expressed initial doubts about the government’s ability to fund the prosecution, Justice’s largest.

Eubanks said McCallum, Keisler and Meron largely ignored the case until it became clear that the government might win. She recalled that “things began to get really tense” after McCallum read news reports in April 2005 that one government expert, professor Max H. Bazerman of Harvard Business School, would argue that tobacco officials who engaged in fraud could be removed from their corporate posts. Eubanks said she received an angry call from McCallum on the day the news broke.

“How could you put that in there?” she recalled him saying. “We’re not going to be pursuing that.”

Afterward, McCallum, Keisler and Meron told Eubanks to approach other witnesses about softening their testimony, Eubanks said.

Yesterday Bob Barr, of all people, appeared on CNN blasting the Bush Administration’s apparent interference with the justice system. From Think Progress, which has the video:

Barr blasted the White House, saying “the integrity of the Department of Justice is being used as a political football by the administration to prove who’s the toughest hombre in all this.” Rather than fighting accountability, Barr said, “the administration really ought to be going out of its way to do what prior administrations have done, such as the Bush 1 administration and Reagan administrations, and that is take whatever steps are necessary to assure the American people that the integrity of our justice system has not been compromised.”

Last year Barr left the GOP to join the Libertarian Party. One wonders what the Bushies/GOP did to him to piss him off.

Spotlight

March 13, 2007

This Is Huge

A White House document dump has provided new revelations about the U.S. Attorney purge. And the biggest revelation — although not a surprising one — is that the idea to fire U.S. Attorneys and replace them with politically compliant toadies originated in the White House.

I’m piecing together two news stories, one by David Johnston and Eric Lipton in today’s New York Times, and the other by Dan Eggen and John Solomon in today’s Washington Post. The story thus far:

In early 2005, White House legal counsel Harriet Miers asked D. Kyle Sampson, a justice department official, if it would be feasible to fire and replace all 93 U.S. attorneys. It appears the White House was unhappy with the attorneys because Republicans were alleging widespread voter fraud on the part of Democrats, and the attorneys were unwilling to bring indictments against the Democrats, most probably because the allegations were a fantasy. (Josh Marshall provides an archive of his posts on the voter fraud allegations going back to 2001.)

However, as Johnston and Lipton note, the documentation isn’t clear if the voter fraud issue was the real or only reason.

The documents did not provide a clear motive for the firings. Some suggested that department officials were dissatisfied with specific prosecutors, but none cited aggressive public corruption inquiries or failure to pursue voter fraud cases as an explicit reason to remove them.

As has been widely noted in the recent past, the pattern suggests that the White House and the Republican Party generally have been using the Justice Department as part of their election campaign process. In other words, Karl and Co. have been turning our criminal justice system into a Republican Party machine.

Sampson — who resigned yesterday, btw — replied to Miers that filling that many jobs at once would be too big a job. (The Washington Post reports that Attorney General Alberto Gonzales said the same thing at the time.) Instead, Miers and Sampson began working together on a select list of attorneys to replace. As they did this, Karl Rove and other White House officials helpfully relayed the complaints they were getting from Republican officials about the attorneys’ failure to indict Democrats on voter fraud.

Eggen and Solomon, WaPo (emphasis added):

The e-mails [between Miers and Sampson] show that Rove was interested in the appointment of a former aide, Tim Griffin, as an Arkansas prosecutor. Sampson wrote in one that “getting him appointed was important to Harriet, Karl, etc.”

Sampson sent an e-mail to Miers in March 2005 that ranked all 93 U.S. attorneys. Strong performers “exhibited loyalty” to the administration; low performers were “weak U.S. attorneys who have been ineffectual managers and prosecutors, chafed against Administration initiatives, etc.” A third group merited no opinion.

In January 2006, Sampson sent a first list of attorneys to be fired to the White House. Four of the attorneys who would be fired were on this list: Chiara, Cummins, Lam and Ryan (the final list is here). This list also suggested Tim Griffin be one of the replacements.

Eggen and Solomon, WaPo:

In September, Sampson produced another list of firing candidates, telling the White House that Cummins was “in the process of being pushed out” and providing the names of eight others whom “we should consider pushing out.” Five on that list were fired in December; the others were spared. …

… Sampson also strongly urged bypassing Congress in naming replacements, using a little-known power slipped into the renewal of the USA Patriot Act in March 2006 that allows the attorney general to name interim replacements without Senate confirmation.

“I am only in favor of executing on a plan to push some USAs out if we really are ready and willing to put in the time necessary to select candidates and get them appointed,” Sampson wrote in a Sept. 17 memo to Miers. “It will be counterproductive to DOJ operations if we push USAs out and then don’t have replacements ready to roll immediately.

“I strongly recommend that as a matter of administration, we utilize the new statutory provisions that authorize the AG to make USA appointments,” he wrote.

By avoiding Senate confirmation, Sampson added, “we can give far less deference to home state senators and thereby get 1.) our preferred person appointed and 2.) do it far faster and more efficiently at less political costs to the White House.”

[Update: See also Think Progress.]

Note that the Patriot Act provision came into being in March 2006, about a year after Miers and Sampson began work on their list. Coincidence? Not a chance.

Notice this little detail, from Eggen and Solomon:

Iglesias, the New Mexico prosecutor, was not on that list. Justice officials said Sampson added him in October, based in part on complaints from Sen. Pete V. Domenici and other New Mexico Republicans that he was not prosecuting enough voter-fraud cases.

You may remember that in October 2006 — shortly before the elections — Domenici had called U.S. attorney David Iglesias and asked him about the status of an investigation into a Democratic state senator. Domenici also spoke to President Bush. Then Bush spoke to Gonzales “to pass along concerns by Republicans that some prosecutors were not aggressively addressing voter fraud,” Johnston and Lipton write. Thus Iglesias was added to the purge list, even though he had received a “strong performer” rating from Miers and Sampson in the earlier stages of their list-making.

A White House spokeswoman insisted that the President did not call for the removal of any specific attorney. Nor did he know that Miers, Sampson, and Rove had been drawing up a list already. (Bush never seems to know anything that’s going on under his nose, does he? I find it hard to believe that Bush didn’t at least mention Iglesias to Sampson.)

A few weeks after the conversation between Bush and Gonzales, the Justice Department forced out seven prosecutors.

Johnston and Lipton, NY Times:

On Dec. 4, 2006, three days before the dismissals, Mr. Sampson sent an e-mail message to the White House with a copy to Ms. Miers outlining plans to carry out the firings

“We would like to execute this on Thursday, Dec. 7,” Mr. Sampson wrote. Because some United States attorneys were still in Washington attending a conference, he planned to postpone telling them they were being fired. He wrote, “We want to wait until they are back home and dispersed to reduce chatter.”

Eggen and Solomon, WaPo:

On the day of the Dec. 7 firings, Miers’s deputy, William Kelley, wrote that Domenici’s chief of staff “is happy as a clam” about Iglesias.

A week later, Sampson wrote: “Domenici is going to send over names tomorrow (not even waiting for Iglesias’s body to cool).”

Domenici is so busted.

E-mails show that Justice officials discussed bypassing the two Democratic senators in Arkansas, who normally would have had input into the appointment, as early as last August. By mid-December, Sampson was suggesting that Gonzales exercise his newfound appointment authority to put Griffin in place until the end of Bush’s term.

Griffin’s appointment and his connection to Karl Rove was reported in Arkansas newspapers in mid-December. This was one of our first clues that something screwy was going on regarding the U.S. attorneys.

Miers resigned as White House counsel less than three weeks later, in early January.

As for D. Kyle Sampson, in a sidebar story the New York Times reports that he had been using his post as chief of staff to the attorney general to get named U.S. attorney in Utah, his home state, even though he had never worked as a full-time prosecutor. The White House and Justice Department backed Sampson, but Senator Orrin Hatch wanted Brett Tolman, “a one-time Utah federal prosecutor who had spent the previous three years working on antiterrorism issues for the Judiciary Committee staff.”

This suggests to me that Orrin Hatch has known about some of these shenanigans for some time. But let’s go on …

This put Mr. Sampson in an unusual position. As Mr. Gonzales’s chief of staff, he was fielding calls and letters from Mr. Hatch’s office, even though he was vying for the job that Mr. Hatch was writing about, two former officials from Mr. Hatch’s office said. That made at least some Senate officials uncomfortable.

“It was a little like the fox watching the hen house,” said one former Senate staff member, who asked not to be named because he now works in a different job.

Mr. Sampson did not respond to phone calls seeking comment.

Mr. Hatch finally made a personal appeal to Mr. Gonzales to drop his bid to nominate Mr. Sampson. After a four-month delay, President Bush nominated Mr. Sampson’s rival for the job last June.

Sampson — did I mention he resigned yesterday? — is a religious conservative (a Mormon) who “told the Brigham Young University news service that he admired Mr. Bush because the president recognized that politics and religious beliefs could not be separated.” Apparently Mr. Sampson’s religious beliefs didn’t teach him anything about ethics.

This really is huge. The “underlying crime” in the Watergate scandal was the White House’s illegal activities — such as money laundering and breaking into Dem Party offices to look for something incriminating — to ensure Nixon’s re-election in 1972. Now there is mounting evidence that the Bush White House and other Republican officials have been trying to use the entire federal criminal justice system to win elections for Republicans. I say this has Watergate beat all to hell. So far we know thatGonzales has lied to Congress about the reasons for purging the attorneys, and certainly more juicy bits will be revealed as time goes on.

Yesterday Sen. Charles Schumer (D-NY) said he intends to subpoena Karl Rove if he doesn’t testify to Congress voluntarily. Stay tuned.

Spotlight

March 12, 2007

Last Refuge of a Soundrel

Filed under: Bush Administration, Civil Rights, criminal justice, corruption — maha @ 4:09 pm

“Patriotism is the last refuge of a scoundrel,” Samuel Johnson said. Maybe ’twas true then, but we’ve stooped a bit lower since. When all else fails, blame incompetence.

At least, that’s what the Wall Street Journal is doing. Check out this editorial about the FBI’s improper use of national security letters:

Just when President Bush seemed to have beaten back the Congressional defeatists on Iraq, along comes his own Justice Department to undermine some hard-won antiterror policy gains. The incompetence at Justice is getting to be expensive for Presidential power.

Remember, WSJ still believes President Bush has a glorious strategy for victory in Iraq. So for them to have gone from denial to excuses in such a short time is something of a miracle.

It’s true that the Justice Department’s internal investigation on the national security letter issue blamed human error and shoddy record keeping for most of the unauthorized wiretapping. But this tells me that the people at the top — Attorney General Alberto Gonzales and FBI Director Robert Mueller — have been winking at nodding at gross violations of citizens’ 4th Amendment rights. If these two had made it clear that all surveillance would be conducted lawfully, you can bet there’d have been a whole lot less human error and shoddy record keeping.

Dem Senator Chuck Schumer has called on Alberto Gonzales to resign. Republican Senator Lindsay Graham accused Schumer of interjecting “a little politics here.” I guess some righties are still in denial. I also infer that it’s unseemly for a Senator to speak up on a serious lapse if the lapser is a member of the other party. But if Republicans would take responsibility for their problem children, the Dems wouldn’t have to speak up. But Republicans, in effect, let the kids run all over the restaurant screaming and tripping the waiters and stealing food off plates, and when, finally, some adult says stop that, you little brat, the GOP gets all indignant about it.

(On a related note, see the Carpetbagger — “It’s become a fairly common refrain, hasn’t it? The right does something offensive, the left gets mad when there are no consequences, time elapses, and the right, annoyed by lingering resentment, tells the left to ‘get over it.’”)

Meanwhile, the U.S. attorney purge continues to get attention. What we know so far is that some of the U.S. attorneys were fired after Republican officials in their districts complained to Karl Rove– the bleeping White House political director — about the attorneys’ performance.


Paul Krugman wrote today
,

Sources told Newsweek that the list of prosecutors to be fired was drawn up by Mr. Gonzales’s chief of staff, “with input from the White House.” And Allen Weh, the chairman of the New Mexico Republican Party, told McClatchy News that he twice sought Karl Rove’s help — the first time via a liaison, the second time in person — in getting David Iglesias, the state’s U.S. attorney, fired for failing to indict Democrats. “He’s gone,” he claims Mr. Rove said.

After that story hit the wires, Mr. Weh claimed that his conversation with Mr. Rove took place after the decision to fire Mr. Iglesias had already been taken. Even if that’s true, Mr. Rove should have told Mr. Weh that political interference in matters of justice is out of bounds; Mr. Weh’s account of what he said sounds instead like the swaggering of a two-bit thug.

As Digby writes,

The minute I read that the Arkansas replacement was one of Rove’s little minions and that Iglesias had been pressured before the election to indict a Democrat, it was clear that this was Rove deal all around.

The Dems want to question Rove ao I suspect we are going to see some executive privilege claims start flying. Rove seems to have developed a bad case of SMS (Scooter Memory Syndrome) in which he can’t remember a damned thing whenever it becomes clear that he was playing politics in the lowest most obvious way possible. In his case, once the investigations start, the disease will render him braindead so he probably won’t be much use to anyone from this point forward.

And have I mentioned in the last few hours that we are paying this asshat’s salary?

See also Ron at Middle Earth Journal.

Update: Jack Cafferty calls Alberto Gonzales a “weasel.”

Spotlight

November 30, 2006

Black Holes

Spencer S. Hsu writes for The New York Times,

The Bush administration unconstitutionally denied aid to tens of thousands of Gulf Coast residents displaced by hurricanes Katrina and Rita and must resume payments immediately, a federal judge ordered yesterday.

U.S. District Judge Richard J. Leon said the Federal Emergency Management Agency created a “Kafkaesque” process that began cutting off rental aid in February to victims of the 2005 storms, did not provide clear reasons for the denials, and hindered applicants’ due-process rights to fix errors or appeal government mistakes.

“It is unfortunate, if not incredible, that FEMA and its counsel could not devise a sufficient notice system to spare these beleaguered evacuees the added burden of federal litigation to vindicate their constitutional rights,” Leon, a D.C. federal judge, wrote in a 19-page opinion.

“Free these evacuees from the ‘Kafkaesque’ application process they have had to endure,” he wrote.

With FEMA, it’s hard to know how much of this nonsense is incompetence and how much of it is a deliberate strategy to avoid paying money. Possibly both.

As of June, Congress had allocated more than $107 billion “to provide emergency support and assist in longer-term recovery in the Gulf Coast,” according to the Brookings Institution. If you google for information on what has happened to that money, the words waste, fraud, and Byzantine pop up abundantly. In June, Eric Lipton wrote in the New York Times that

Among the many superlatives associated with Hurricane Katrina can now be added this one: it produced one of the most extraordinary displays of scams, schemes and stupefying bureaucratic bungles in modern history, costing taxpayers up to $2 billion. …

… The estimate of up to $2 billion in fraud and waste represents nearly 11 percent of the $19 billion spent by FEMA on Hurricanes Katrina and Rita as of mid-June, or about 6 percent of total money that has been obligated.

Awhile back the Justice Department established a Hurricane Katrina Fraud Task Force. Browsing through their news releases gives the impression that the task force is focused exclusively on fraudulent claims for assistance, and certainly there’s plenty of that to keep them busy. Fraud on the part of government contractors, however massive, seems not to be a concern. And the Republican-controlled Congress seems to have done little more than go through the motions of providing oversight.

Let’s hope that’s about to change.

Meanwhile, via The Talking Dog, we find that Homeland Security misdirector Michael Chertoff has admitted that maybe Homeland Security funds are not being allocated sensibly.

Remember how this summer, the Department of Homeland Security reduced the amount of anti-terror funding NYC would get? Sure, NYC was still getting most of the funding, but funds were being increased in less risky areas with, well, influential politicians. And then the press had a field day with how Homeland Security didn’t think there were any national monuments or major buildings at risk? And then Homeland Security claimed that NY State and NYC didn’t file their request properly?

That’s pretty much what FEMA said about the people who’d had their rent aid cut off.

Well, now Homeland Security Secretary Michael Chertoff has come out and tacitly stated - though not outright admitting - that the DHS was wrong. The Post reports that at a grand-writing [grant-writing?] conference, Chertoff offered a mea culpa:

    “We’ve come to the conclusion that perhaps there was a little too much bean counting and a little less standing back and applying common sense to look at the total picture,” Chertoff told a grant-writing conference.

    “And I’ve heard the complaints about it, looking like we’re playing kind of a pop-quiz type of game with local communities,” he said.

    “They have to try to guess what we’re looking for - and if they guess wrong, they don’t get the money that they think they’re entitled to, and that they may be entitled to.”

The DHS was quick to say that Chertoff isn’t admitting the funding allocation was a mistake, but that “He’s pretty much just saying that this year we will apply some common sense [and] look at the risk in the city.” … Remember, he’s the same man who said that a terrorist attack on a subway is less catastrophic than a terrorist attack on an airplane, because it’s not like subways are connected to large stations or terminals or anything.

From here, it’s hard to know how much tax money given to the DHS (including FEMA) is actually being applied to homeland security, and how much is being sucked into a black hole. It’s also hard to know how much of the bureaucratic “bungling” is really a cover for payoffs, kickbacks, and other less-than-savory uses of taxpayers’ monies.

But I do get a strong impression that a whole lot of that $107 billion meant for Katrina relief and recovery got lost somewhere between Washington DC and the Gulf Coast.

The way the Bush Administration and the Republican Congress budgets and allocates money makes it damn hard to follow that money. The over-use of “emergency” supplemental appropriations has made the official budget something of a joke. Veronique de Rugy writes for Reason Online:

Supplemental spending, “emergency” spending in particular, has become Washington’s tool of choice for evading annual budget limits and increasing spending across the board. Funding predictable, nonemergency needs through supplementals hides skyrocketing military costs and allows Congress to boost regular appropriations for both defense and nondefense programs, thereby enabling the spending explosion of the last five years. …

… The Bush administration has used supplementals to hide the true cost of the wars in Iraq and Afghanistan. Three years in, the Iraq war can hardly be called an emergency or an unpredictable event. This is especially true since one of the largest expenditures goes to the salaries and benefits of Army National Guard personnel and reservists called to active duty. Yet each year President Bush leaves out all war costs when he presents his budget to Congress, knowing that he will be able to secure the funding later through the supplemental process. This year Congress will appropriate nearly 20 percent of total military spending via supplementals.

“Emergency” supplemental spending bills have included monies for hurricane relief and recovery. Congress critters hate to vote against hurricane relief and recovery. But we have no way to know how much of that money, if any, is actually being spent on hurricane relief and recovery.

Spotlight

October 15, 2006

What Does He Know That We Don’t?

Filed under: Bush Administration, Republican Party, elections, corruption — maha @ 8:52 am

Michael Abramowitz writes in today’s Washington Post:

Amid widespread panic in the Republican establishment about the coming midterm elections, there are two people whose confidence about GOP prospects strikes even their closest allies as almost inexplicably upbeat: President Bush and his top political adviser, Karl Rove.

Flashback: As I remember it, on election night 2000 the extended Bush clan watched the train wreck from the Texas governor’s mansion. From time to time they’d appear on television, watching television. And at some point someone told them Florida had been called for Gore, and they shrugged it off. They weren’t worried about Florida. They knew they had Florida, one way or another.

Abramowitz continues,

The official White House line of supreme self-assurance comes from the top down. Bush has publicly and privately banished any talk of losing the GOP majorities, in part to squelch any loss of nerve among his legions. Come January, he said last week, “We’ll have a Republican speaker and a Republican leader of the Senate.”

The question is whether this is a case of justified confidence — based on Bush’s and Rove’s electoral record and knowledge of the money, technology and other assets at their command — or of self-delusion. Even many Republicans suspect the latter. Three GOP strategists with close ties to the White House flatly predicted the loss of the House, though they would not do so on the record for fear of offending senior Bush aides.

After the 2004 election, Maureen Farrell wrote an editorial for Buzzflash that documented Bush’s pattern of supreme confidence before “elections”:

On election night, Peter Jennings looked measurably surprised when he learned that President Bush had provided a tape of himself, sitting in the White House, commenting on his impending victory. It was an unprecedented move. No sitting president had ever addressed the nation while polls were still open. It was just not done. But there was George, exuding confidence, offering an election day reminder of our leader’s legitimacy.

It was all so perfectly Rovian, too. And why not? The Bush family filmed a similar made-for-TV moment in 2000, you might recall, when they assured America that Florida belonged to George. “There was one exact moment, in fact, when I knew for sure that Al Gore would Never be President of the United States, no matter what the experts were saying, and that was when the whole Bush family suddenly appeared on TV and openly scoffed at the idea of Gore winning Florida,” Hunter S. Thompson wrote, two weeks before the Supreme Court’s fateful decision.” Of course Bush would win Florida. Losing was out of the question. Here was the whole bloody Family laughing & hooting & sneering at the dumbness of the whole world on National TV.”

Election night 2004, however, was not punctuated by any such hooting. It was the end of a long and grueling journey for the President of the United States and his supporters. Tales of voter intimidation, computer glitches and “partisan mischief,” were reported during early voting in Florida, but somehow those things usually worked in the President’s favor. (Would anyone have complained, do you suppose, if John Kerry’s brother had been running the show?).

Of course, thanks to the Electoral College, in a close presidential election one has only to steal one or two states to swing the election. To keep the House in Republican hands, BushCo is going to have to pull a “Florida” in several states at once. And when pollsters are predicting a blowout (as Kevin Heyden notes, even much of the Right Blogosphere has written off the House), even the U.S. news media might get suspicious if Republicans win.

Emptywheel reminds us that Rove isn’t always right.

As I’ve been flying around the world, I’ve been reading all the Rove classics, including Bush’s Brain. And what struck me as I was reading it is the failures that never get mentioned. There’s the loser campaign in PA. Rove’s plans to win CA in 2000 and MI in 2004. These were all part of Rove’s grand plan and they didn’t come to fruition. Only Rove’s overconfidence in the 2000 NH primary ever gets mentioned. Underlying it all (particularly the MI loss, with the failed bid to win supporters by imposing a steel tariff, which really decimated the Tool and Die industry in MI) is the real possibility that, eventually, people are going to want results. Eventually, policy does matter. Rovian politics are not enough–not enough to win wars in Iraq, not enough to save jobs in the Midwest, and not enough to ensure seniors get prescription drugs.

Also at The Next Hurrah, DemFromCT provides a list of “Perceived GOP Errors” that includes Terri Schiavo, Harriet Miers, Dubai Ports, and immigration. I don’t know how much of a hand Rove had in those little episodes, but certainly each of these issues showed the White House with its pants down, so to speak, and very much caught off guard by public reaction it didn’t anticipate.

I’ve long believed that Karl Rove is a kind of Idiot Savant who is brilliant at one thing — Assault Politics — but barely competent at anything else. Like his boy Bush, he may finally have waded in over his head.

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