Showing posts with label White House. Show all posts
Showing posts with label White House. Show all posts

Sunday, April 29, 2007

All the President’s Press: FRANK RICH - The Press’s Failures

THE COMPLETE ARTICLE WITH ALL HYPERLINKS
THE NEW YORK TIMES

OP-ED COLUMNIST

All the President’s Press

By FRANK RICH
Published: April 29, 2007

The White House correspondents’ dinner has become a crystallization of the press’s failures in the post-9/11 era.


SOMEHOW it’s hard to imagine David Halberstam yukking it up with Alberto Gonzales, Paul Wolfowitz and two discarded “American Idol” contestants at the annual White House Correspondents’ Association dinner. Before there was a Woodward and Bernstein, there was Halberstam, still not yet 30 in the early 1960s, calling those in power to account for lying about our “progress” in Vietnam. He did so even though J.F.K. told the publisher of The Times, “I wish like hell that you’d get Halberstam out of there.” He did so despite public ridicule from the dean of that era’s Georgetown punditocracy, the now forgotten columnist (and Vietnam War cheerleader) Joseph Alsop.

It was Alsop’s spirit, not Halberstam’s, that could be seen in C-Span’s live broadcast of the correspondents’ dinner last Saturday, two days before Halberstam’s death in a car crash in California. This fete is a crystallization of the press’s failures in the post-9/11 era: it illustrates how easily a propaganda-driven White House can enlist the Washington news media in its shows. Such is literally the case at the annual dinner, where journalists serve as a supporting cast, but it has been figuratively true year-round. The press has enabled stunts from the manufactured threat of imminent “mushroom clouds” to “Saving Private Lynch” to “Mission Accomplished,” whose fourth anniversary arrives on Tuesday. For all the recrimination, self-flagellation and reforms that followed these journalistic failures, it’s far from clear that the entire profession yet understands why it has lost the public’s faith.

That state of denial was center stage at the correspondents’ dinner last year, when the invited entertainer, Stephen Colbert, “fell flat,” as The Washington Post summed up the local consensus. To the astonishment of those in attendance, a funny thing happened outside the Beltway the morning after: the video of Mr. Colbert’s performance became a national sensation. (Last week it was still No. 2 among audiobook downloads on iTunes.) Washington wisdom had it that Mr. Colbert bombed because he was rude to the president. His real sin was to be rude to the capital press corps, whom he caricatured as stenographers. Though most of the Washington audience failed to find the joke funny, Americans elsewhere, having paid a heavy price for the press’s failure to challenge White House propaganda about Iraq, laughed until it hurt.

You’d think that l’affaire Colbert would have led to a little circumspection, but last Saturday’s dinner was another humiliation. And not just because this year’s entertainer, an apolitical nightclub has-been (Rich Little), was a ludicrously tone-deaf flop. More appalling — and symptomatic of the larger sycophancy — was the press’s insidious role in President Bush’s star turn at the event.

It’s the practice on these occasions that the president do his own comic shtick, but this year Mr. Bush made a grand show of abstaining, saying that the killings at Virginia Tech precluded his being a “funny guy.” Any civilian watching on TV could formulate the question left hanging by this pronouncement: Why did the killings in Iraq not preclude his being a “funny guy” at other press banquets we’ve watched on C-Span? At the equivalent Radio and Television Correspondents’ Association gala three years ago, the president contributed an elaborate (and tasteless) comic sketch about his failed search for Saddam’s W.M.D.

But the revelers in the ballroom last Saturday could not raise that discrepancy and challenge Mr. Bush’s hypocrisy; they could only clap. And so they served as captive dress extras in a propaganda stunt, lending their credibility to the president’s sanctimonious exploitation of the Virginia Tech tragedy for his own political self-aggrandizement on national television. Meanwhile the war was kept as tightly under wraps as the troops’ coffins.

By coincidence, this year’s dinner occurred just before a Congressional hearing filled in some new blanks in the still incomplete story of a more egregious White House propaganda extravaganza: the Pat Tillman hoax. As it turns out, the correspondents’ dinner played an embarrassing cameo role in it, too.

What the hearing underscored was the likelihood that the White House also knew very early on what the Army knew and covered up: the football star’s supposed death in battle in Afghanistan, vividly described in a Pentagon press release awarding him a Silver Star, was a complete fabrication, told to the world (and Tillman’s parents) even though top officers already suspected he had died by friendly fire. The White House apparently decided to join the Pentagon in maintaining that lie so that it could be milked for P.R. purposes on two television shows, the correspondents’ dinner on May 1, 2004, and a memorial service for Tillman two days later.

The timeline of events in the week or so leading up to that dinner is startling. Tillman was killed on April 22, 2004. By the next day top officers knew he had not been killed by enemy fire. On April 29, a top special operations commander sent a memo to John Abizaid, among other generals, suggesting that the White House be warned off making specific public claims about how Tillman died. Simultaneously, according to an e-mail that surfaced last week, a White House speechwriter contacted the Pentagon to gather information about Tillman for use at the correspondents’ dinner.

When President Bush spoke at the dinner at week’s end, he followed his jokes with a eulogy about Tillman’s sacrifice. But he kept the circumstances of Tillman’s death vague, no doubt because the White House did indeed get the message that the Pentagon’s press release about Tillman’s losing his life in battle was fiction. Yet it would be four more weeks before Pat Tillman’s own family was let in on the truth.

To see why the administration wanted to keep the myth going, just look at other events happening in the week before that correspondents’ dinner. On April 28, 2004, CBS broadcast the first photographs from Abu Ghraib; on April 29 a poll on The Times’s front page found the president’s approval rating on the war was plummeting; on April 30 Ted Koppel challenged the administration’s efforts to keep the war dead hidden by reading the names of the fallen on “Nightline.” Tillman could be useful to help drown out all this bad news, and to an extent he was. The Washington press corps that applauded the president at the correspondents’ dinner is the same press corps that was slow to recognize the importance of Abu Ghraib that weekend and, as documented by a new study, “When the Press Fails” (University of Chicago Press), even slower to label the crimes as torture.

In his PBS report last week about the journalism breakdown before the war, Bill Moyers said that “the press has yet to come to terms with its role in enabling the Bush administration to go to war on false pretenses.” That’s not universally true; a number of news organizations have owned up to their disasters and tried to learn from them. Yet old habits die hard: for too long the full weight of the scandal in the Gonzales Justice Department eluded some of the Washington media pack, just as Abu Ghraib and the C.I.A. leak case did.

After last weekend’s correspondents’ dinner, The Times decided to end its participation in such events. But even were the dinner to vanish altogether, it remains but a yearly televised snapshot of the overall syndrome. The current White House, weakened as it is, can still establish story lines as fake as “Mission Accomplished” and get a free pass.

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Thursday, April 26, 2007

NEW PROBE OF WHITE HOUSE ALREADY CRUMBLING

Public Employees for Environmental Responsibility News Release (www.peer.org)

For Immediate Release: April 26, 2007
Contact: Carol Goldberg (202) 265-7337

NEW PROBE OF WHITE HOUSE ALREADY CRUMBLING — Jurisdiction and Subpoena Limits Hamstring Questionable Special Counsel Gambit

Washington, DC — No sooner had the U.S. Office of Special Counsel announced a wide-ranging probe into allegedly improper political activities by White House officials and appointees than the effort has run aground, according to Public Employees for Environmental Responsibility (PEER) and the Project On Government Oversight. Further complicating matters, Special Counsel Scott Bloch’s pledge to investigate the White House comes as a White House-commissioned investigation into misconduct charges against Bloch enters its final stage.

Bloch’s plan to combine seemingly unrelated high-profile investigations (the firing of U.S. Attorneys, missing Karl Rove emails and political briefings of General Services Administration managers) has also prompted protests both inside and outside the Office of Special Counsel (OSC). Emerging snags include:

  • OSC likely does not have jurisdiction over a complaint filed by former U.S. Attorney David Iglesias (a complaint solicited by a Bloch deputy) alleging discrimination on the basis of his service in the Navy Reserve. Presidential appointees who have been confirmed by the Senate are not entitled to claim statutory protection against decisions regarding their continued tenure. In addition, there are profound separation of powers questions about applying statutes to block presidential prerogative to remove his own appointees;
  • OSC has only a qualified subpoena power and lacks the authority to enforce its subpoenas in court. If a party simply refuses to comply, OSC must obtain the consent of the General Counsel of the Merits Systems Protection Board, headed by a Bush-appointee, who would then be charged with bringing an enforcement action; and
  • The legal basis for an OSC investigation into e-mails from White House staff sent on Republican National Committee accounts as well as OSC’s power to order surrender of the missing missives have not been spelled out.

“It makes no sense for Scott Bloch to investigate the White House while the White House investigates Bloch,” stated PEER Executive Director Jeff Ruch, noting that Bloch has told allies that the White House has twice asked Bloch to resign but Bloch, who is in the midst of a fixed five-year term, can only be removed for cause. “Bloch should recuse himself from this case and hand the matter over either to career staff at OSC or to an outside entity, such as the relevant Inspectors General or Congress.”

The ongoing investigation of Bloch undertaken by the Office of Personnel Management Inspector General at the behest of the President’s Office of Management & Budget comes as a result of a complaint filed by his own staff members and whistleblower groups, including PEER, alleging a host of misconduct charges against Bloch. Ironically, one portion of that complaint concerns Bloch’s improper interference with the handling of Hatch Act cases, the very statute that Bloch is now invoking as the basis for looking a White House political briefings.

“Scott Bloch brings the investigative acumen of an Inspector Clouseau to a very complicated and delicate matter,” Ruch added, noting that Bloch has admitted that he has never undertaken an investigation of this magnitude. “It is not that Bloch has lacked the opportunities to conduct complex investigations since virtually every whistleblower in town goes to the OSC, but Bloch has ignored them all. It is only when a probe serves his political agenda that he latches onto it as if it were the last helicopter leaving Saigon.”

###

Find out about the White House-commissioned investigation of Scott Bloch

View the portion of the complaint detailing allegations of Hatch Act irregularities by Bloch

Look at media reports about attempts by the Bush White House to remove Bloch
http://www.weeklystandard.com/Utilities/printer_preview.asp?idArticle=12769&R=EE02229
and
http://www.bendweekly.com/Opinion/1162.html


See letter asking that Bloch be recused from the new probe

URL

Monday, April 23, 2007

New Evidence of Security Problems at the White House

Monday, April 23, 2007
Disclosure of CIA Agent Identity

Current and former employees of the White House Security Office have reported to Chairman Waxman that there was a systemic failure at the White House to follow procedures for protecting classified information. According to the security officers, the White House regularly ignored security breaches, prevented security inspections of the West Wing, and condoned mismanagement of the White House Security Office.

A Hostage Situation: PAUL KRUGMAN - Iraq Funding

THE COMPLETE ARTICLE
THE NEW YORK TIMES
OP-ED COLUMNIST

A Hostage Situation

By PAUL KRUGMAN
Published: April 23, 2007

In response to a confrontation over financing for the Iraq surge, President Bush is threatening dire consequences for innocent bystanders.


There are two ways to describe the confrontation between Congress and the Bush administration over funding for the Iraq surge. You can pretend that it’s a normal political dispute. Or you can see it for what it really is: a hostage situation, in which a beleaguered President Bush, barricaded in the White House, is threatening dire consequences for innocent bystanders — the troops — if his demands aren’t met.

If this were a normal political dispute, Democrats in Congress would clearly hold the upper hand: by a huge margin, Americans say they want a timetable for withdrawal, and by a large margin they also say they trust Congress, not Mr. Bush, to do a better job handling the situation in Iraq.

But this isn’t a normal political dispute. Mr. Bush isn’t really trying to win the argument on the merits. He’s just betting that the people outside the barricade care more than he does about the fate of those innocent bystanders.

What’s at stake right now is the latest Iraq “supplemental.” Since the beginning, the administration has refused to put funding for the war in its regular budgets. Instead, it keeps saying, in effect: “Whoops! Whaddya know, we’re running out of money. Give us another $87 billion.”

At one level, this is like the behavior of an irresponsible adolescent who repeatedly runs through his allowance, each time calling his parents to tell them he’s broke and needs extra cash.

...

...Mr. Bush’s refusal to face up to the failure of his Iraq adventure, his apparent determination to spend the rest of his term in denial, has become a clear and present danger to national security.

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Saturday, April 21, 2007

Number Of White House Officials Allowed To Intervene In DoJ Cases Jumps By 10,325 Percent

April 20, 2007

WHITEHOUSE/GONZALES VIDEO: Number Of White House Officials Allowed To Intervene In DoJ Cases Jumps By 10,325 Percent
Submitted by Amanda Lang


Yesterday in his testimony before the Senate Judiciary Comm, AG Alberto Gonzales said that it was important that the Justice Dept "be independent from" the WH. But as Sen. Sheldon Whitehouse (D-RI) pointed out, the firewalls that had existed during the Clinton admin have been ripped down. In the Bush admin, the rules have been rewritten so that 417 WH officials and and 30 Justice Dept officials are eligible to have discussions

Friday, April 13, 2007

Attorney Replacements Picked Prior to Firings

White House Identified Bush Insiders for Posts, E-mails Show

By Dan Eggen


Washington Post Staff Writer
Friday, April 13, 2007; 4:30 PM

The Justice Department identified five Bush administration insiders as replacement U.S. attorneys almost a year before most of the prosecutors were fired, contrary to repeated claims that no such list had ever been drawn up, according to documents released today.

E-mails sent to the White House in January and May of 2006 by D. Kyle Sampson, then chief of staff to Attorney General Alberto R. Gonzales, list potential replacements for U.S. attorneys in San Diego, San Francisco, Grand Rapids, Mich., and Little Rock, Ark.

The replacements on the list were all high-level administration insiders, including two who have gone on to different U.S. attorney postings: Jeff Taylor, now chief prosecutor in the District, and Deborah Rhodes, now U.S. attorney in Alabama. The others were Rachel L. Brand, currently head of the Office of Legal Counsel, and Daniel Levin, a former senior Justice and White House official, the memos show.

Justice officials have previously said that only Tim Griffin, currently acting U.S. attorney in Little Rock, was specifically identified as a replacement candidate for one of the fired prosecutors.

Seven U.S. attorneys were fired Dec. 7, and another was dismissed earlier in 2006, as part of a plan that originated in the White House to replace some prosecutors based in part on their perceived disloyalty to President Bush and his policies. The uproar over the removals has grown amid allegations that Republican lawmakers had improper political contact with prosecutors and assertions by Democrats that the firings may have been an attempt to disrupt public corruption investigations.

Sampson resigned as Gonzalez's top aide last month ahead of revelations that White House political officials helped direct the dismissals.

Also last month Sampson submitted prepared testimony to the Senate saying that, with the exception of the prosecutor in Little Rock, "none of the U.S. attorneys was asked to resign in favor of a particular individual who had already been identified to take the vacant spot."

During the same March 29 hearing, Sen. Charles Schumer (D-N.Y.) asked Sampson whether he had specific replacements in mind for seven of the prosecutors before they were fired.

"I personally did not," Sampson replied. "On December 7th, I did not have in mind any replacements for any of the seven who were asked to resign."

Justice spokesman Brian Roehrkasse said today that the list of candidates "in no way contradicts the department's prior statements" because it "reflects Kyle Sampson's initial thoughts," was compiled long before the firings and was never followed through.

"With the exception of Griffin, none of those individuals was named as an interim U.S. Attorney in any of the eight districts," Roehrkasse said.

Roehrkasse said that Brand had initially expressed interest the U.S. Attorney's job in western Michigan after being approached by Sampson. But he said Brand later decided against it "and never entered into a formal selection process for the position."

Sampson's attorney, Bradford A. Berenson, released a statement today saying that the "testimony regarding the consideration of replacements was entirely accurate."

"In December 2006, when the seven U.S. Attorneys were asked to step down, no specific candidate had been selected to replace any of them, and Kyle had none in mind," Berenson said. "Some names had been tentatively suggested for discussion much earlier in the process, but by the time the decision to ask for the resignations was made, none had been chosen to serve as a replacement. Most, if not all, had long since ceased even to be possibilities."

The potential replacements are the latest contradiction to emerge from thousands of pages of Justice Department documents that have been turned over to the House and Senate, including a new batch of more than 2,000 pages delivered to Capitol Hill this morning.

The documents also underscore the extent of efforts to place Bush administration insiders in U.S. attorney's jobs around the country. About a third of the Justice Department's four dozen prosecutor appointments during the past two years went to former Justice or White House officials, including 10 senior aides to Gonzales, government records show.

The disclosures come as Gonzales continues preparations for pivotal testimony next Tuesday at the Senate Judiciary Committee, where Democrats plan to focus on the department's numerous misstatements about the firings and Gonzales's shifting explanations about his role in carrying them out.

Among other documents released today was a chart of U.S. attorneys distributed in February that notes whether each sitting prosecutor is a member of the Federalist Society, a coalition of conservative lawyers and legal scholars with close ties to the Bush administration.

Another document -- internal Justice Department "talking points" about the fired prosecutors -- shows that Justice officials used identical language to describe alleged shortcomings in immigration enforcement by two U.S. attorneys.

About Carol S. Lam of San Diego, the memo said: "Regardless of what was done by the office in this area, she failed to tackle this responsibility as aggressively and as vigorously as we expected and needed her to do." The same sentence was used for David C. Iglesias of New Mexico, except that "her" was replaced with "him."

The same document also includes criticism of Iglesias, a Naval Reserve officer, for allegedly traveling too much: "We expect our U.S. Attorneys, particularly those in critical districts, to be hands-on managers working hard to advance the work of the Department."

Six other U.S. attorneys are currently serving double duty as senior Justice officials in Washington. They include acting Associate Attorney General William W. Mercer, who is also the U.S. attorney in Montana, where the chief federal judge has demanded Mercer's removal.

Thursday, April 12, 2007

50 White House officials have used RNC accounts

Officials' e-mail may be missing, White House says

The messages, on a private system, are wanted by Congress in a probe of the firings of eight U.S. attorneys.

By Tom Hamburger

Times Staff Writer

April 12, 2007

WASHINGTON — The White House said Wednesday that it may have lost what could amount to thousands of messages sent through a private e-mail system used by political guru Karl Rove and at least 50 other top officials, an admission that stirred anger and dismay among congressional investigators.

The e-mails were considered potentially crucial evidence in congressional inquiries launched by Democrats into the role partisan politics may have played in such policy decisions as the firing of eight U.S. attorneys.

The White House said an effort was underway to see whether the messages could be recovered from the computer system, which was operated and paid for by the Republican National Committee as part of an avowed effort to separate political communications from those dealing with official business.

"The White House has not done a good enough job overseeing staff using political e-mail accounts to assure compliance with the Presidential Records Act," White House spokesman Scott Stanzel said in an unusual late-afternoon teleconference with reporters.

As a result, Stanzel said, "we may not have preserved all e-mails that deal with White House business."

He refused to estimate how many e-mails may have been lost, but the system was used by dozens of officials for more than six years.

"This is a remarkable admission that raises serious legal and security issues," said Rep. Henry A. Waxman (D-Los Angeles), chairman of the House Committee on Oversight and Government Reform, which is investigating the role of electoral politics in administration policymaking. "The White House has an obligation to disclose all the information it has."

The missing e-mails not only add to the growing legal and public relations woes for the White House and Rove's political operation, but also to the problems of Atty. Gen. Alberto R. Gonzales. Gonzales, who is under fire for the handling of the U.S. attorney dismissals, was serving as White House counsel at the time the Republican National Committee's parallel communications system was set up.

His office had at least partial responsibility for establishing ground rules for using the private system.

The White House briefing Wednesday occurred a few hours after the staff of Waxman's committee and staff of the House Judiciary Committee met with White House officials to discuss the e-mails.

The White House has informed congressional investigators that it will not be able to meet the committee's deadline of Friday to turn over the communications.

The House aides are expected to meet with the Republican National Committee's legal staff today. A committee spokesman said the GOP hopes to cooperate as much as possible but provided no further details.

The e-mails were sent through a communications system created in conjunction with the RNC early in the Bush administration. Rove and others were given special laptop computers and other communications devices to use instead of the government communications system when dealing with political matters.

The parallel system was designed to avoid running afoul of the Hatch Act, which prohibits using government resources for partisan purposes, White House officials have said.

But evidence has emerged that system users sometimes failed to maintain such separation and used the private system when communicating about government business.

For example, before the U.S. attorneys were fired, a Rove deputy used an account maintained by the Republican National Committee in discussions with Justice Department officials about replacing some of the regional prosecutors. One e-mail requested a meeting between top officials at the Justice Department and a member of President Bush's campaign team to discuss one U.S. attorney who was among those to be fired.

The Justice Department turned over those e-mails at the request of several congressional committees.

Waxman said some of the documents suggest White House personnel may have used the political email accounts "to avoid creating a record of the communications."

Loss of the e-mail files would create a potential legal problem for the Bush White House: compliance with the Presidential Records Act, which was passed in 1978 in response to the Watergate scandal that enveloped Richard M. Nixon's presidency. The law was designed to ensure that presidential papers were preserved for historical and investigative purposes.

Rove's operation appears to have gone much further. Today, 22 staffers have e-mail accounts issued by the Republican National Committee, Stanzel said, noting that it is a tiny percentage of the 1,000 political appointees in the executive office.

Since 2001, about 50 staffers e-mailed using the system, he said. One former White House staffer told National Journal recently that Rove uses his RNC e-mail account for 95% of his e-mail communications.

One former White House official, Assistant Press Secretary Adam Levine, told The Times that he was issued a private laptop computer but he found the dual system so cumbersome that he decided to use only his official White House computer.

However, Levine recalled seeing White House staff members moving fluidly between their official computers and the laptops provided by the RNC.

Stanzel said that the law has gray areas defining what sort of activity is permitted using government resources, and that some employees may have opted for the RNC system to avoid any suggestion of a Hatch Act breach or because the private equipment was easier to use.

But, he added, "I can say that historically the White House didn't give enough guidance to staff on how to avoid violating the Hatch Act while following the Records Act. We didn't do a good enough job."

Some former employees recall receiving briefings on the Hatch Act. At the time of the 2004 Republican convention, newspaper accounts described emphatic warnings to White House staffers not to use government-issued cellphones for politically related calls.

Now, Stanzel said, the White House has begun a formal review that will include new training material for staff members on maintaining records with special attention to those with RNC accounts.

In addition, the White House will begin the forensic process of trying to reconstruct any lost records. That will probably be hampered by an RNC policy of automatically erasing most e-mail after 30 days. Since 2004, White House records have been exempt, Stanzel said, though individuals might have been able to kill out e-mail messages.

The White House will also explore whether the hard drives of laptop computers might have preserved a record of e-mailed communications.

tom.hamburger@latimes.com

White House tries to hide ease of tax scam?

Bush may really be trying to block Congress' compelling a federal prisoner to testify. The White House does not want Gitmo prisoners telling all to Congress.
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Politics

Prisoner to Testify on Ease of Tax Scam

Morning Edition, April 12, 2007 · The White House doesn't want a federal prisoner to testify at a Senate Finance Committee oversight hearing Thursday. The prisoner is supposed to tell senators how he made thousands of dollars using false tax rebates. The Justice Department had cited security as the reason to block the testimony, but recently gave up on its efforts to do so.

Listen to this story... HERE:

by

Bush Admin May Have Covered Up Attorney Firings With Multiple Email Addresses

White House Admits Misuse of Republican Party-Sponsored E-Mail Accounts

Thursday , April 12, 2007

WASHINGTON — AP

White House said Wednesday it had mishandled Republican Party-sponsored e-mail accounts used by nearly two dozen presidential aides, resulting in the loss of an undetermined number of e-mails concerning official White House business.

Congressional investigators looking into the administration's firing of eight federal prosecutors already had the nongovernmental e-mail accounts in their sights because some White House aides used them to help plan the U.S. attorneys' ouster. Democrats were questioning whether the use of the GOP-provided e-mail accounts was proof that the firings were political.

Democrats also have been asking if White House officials are purposely conducting sensitive official presidential business via nongovernmental accounts to get around a law requiring preservation — and eventual disclosure — of presidential records. The announcement of the lost e-mails — a rare admission of error from the Bush White House at a delicate time for the administration's relations with Democratically controlled Capitol Hill — gave new fodder for inquiry on this front.

"This sounds like the administration's version of the dog ate my homework," said Senate Judiciary Committee Chairman Patrick Leahy, D-Vt. "I am deeply disturbed that just when this administration is finally subjected to meaningful oversight, it cannot produce the necessary information."

The Republican National Committee set up the accounts for about 20 Bush aides, such as Karl Rove and his deputies, who get involved in politics, spokesman Scott Stanzel said. Having the GOP create non-White House addresses and provide separate BlackBerries, laptops and other communications gear was designed to avoid running afoul of Hatch Act rules barring federal employees from engaging in political activities with government resources or on government time, he said.

Under President Clinton, White House aides used separate equipment for political spadework but did not have separate accounts.

"This is entirely appropriate," Stanzel said of the Bush White House practice.

He said staffers used their RNC accounts instead of White House accounts to discuss the prosecutor issue or conduct other official business for several reasons, including extra caution about complying with the Hatch Act as well as the convenience of using one account instead of several. Stanzel said he could not speak to whether anyone was intentionally trying to avoid White House archiving because he had not spoken to all those involved.

Stanzel said some e-mails have been lost because the White House lacked clear policies on complying with Presidential Records Act requirements.

Before 2004, for instance, e-mails to and from the accounts were typically automatically deleted every 30 days along with all other RNC e-mails. Even though that was changed in 2004, so that the White House staffers with those accounts were excluded from the RNC's automatic deletion policy, some of their e-mails were lost anyway when individual aides deleted their own files, Stanzel said.

He could not say what had been lost, and said the White House is working to recover as many as they can. The White House has now shut off employees' ability to delete e-mails on the separate accounts, and is briefing staffers on how to better make determinations about when — and when not — to use them, Stanzel said.

The disclosure could complicate a standoff between the White House and congressional Democrats over the fired prosecutors.

The White House had promised to look through its staffers' e-mails for anything relevant to the prosecutors' dismissal. No matter the domain name, it said it would provide documents to the Senate and House Judiciary committees as long as they are not internal communications, but exchanges with people outside the White House.

But the White House also had insisted that this offer of documents be accepted, all-or-nothing, along with its insistence that aides would talk to Congress about the firings, but not under oath. So far, Democrats have refused.

Democrats have begun highlighting the separate accounts because they say their use appears to go beyond the strictly political.

"We have become increasingly sensitized over the last several days to the White House staff wearing several 'hats' and using Republican National Committee and campaign e-mail addresses," said a letter from the Senate and House Judiciary chairmen to White House counsel Fred Fielding on March 28. "We hope you agree that such sleight of hand should not be used to circumvent and compromise the comprehensiveness of our investigation."

The nongovernmental accounts were accidentally discovered by Democrats when the Justice Department released hundreds of documents related to the prosecutor firings.

One exchange showed deputy White House political director J. Scott Jennings sending an e-mail titled "USATTY" to Attorney General Alberto Gonzales' then-chief of staff, Kyle Sampson, from an address with a gwb43.com domain name.

"Does a list of all vacant, or about to be vacant, US Attorney slots exist anywhere?" Jennings wrote on Dec. 3 from his political account. Replied Sampson, a few minutes later: "My office. Want me to send to you tomorrow?"

Jennings had also communicated with Sampson and other Justice Department officials in August from his RNC-supplied address about how to install the administration's preferred replacement, onetime Rove aide Tim Griffin, for Arkansas U.S. Attorney Bud Cummins.

In one, Jennings passed on a strategy he said was suggested by Cummins, to have Griffin come on as an attorney in the Little Rock office until Cummins finalized his post-government plans. Jennings said the plan would "alleviate pressure/implication that Tim forced Bud out."

Sampson's e-mails all appeared to be from his official usdoj.gov account.

The separate e-mail accounts also have become an issue in the case of disgraced lobbyist Jack Abramoff, who was convicted on bribery charges and is in prison for fraud.

Abramoff had several exchanges with Susan Ralston, then a Rove assistant, via nongovernment e-mail addresses with domain names like rnchq.org and georgewbush.com, to discuss issues in the Interior Department affecting the lobbyist's Indian clients.

White House: E-mails on firings may have been killed

The emails were accidentally deleted? Surrre.
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Story Highlights

• Staffers used GOP accounts for official business, White House says
• E-mails from those accounts may have covered U.S. attorney firings
• GOP routinely deleted White House staff e-mail messages on its accounts

WASHINGTON (Reuters) -- Some White House staff wrote e-mail messages about official business on Republican Party accounts, and some may have been wrongly deleted, the administration said Wednesday in a disclosure tied to the inquiry into the firing of eight U.S. attorneys.

The White House said it could not rule out the possibility that some official e-mails relating to the firings had been deleted and are lost.

Democrats in Congress have been seeking copies of e-mails from the Republican National Committee as part of an investigation into whether the firing of the prosecutors last year was politically motivated.

"Some official e-mails have potentially been lost and that is a mistake the White House is aggressively working to correct," White House spokesman Scott Stanzel told reporters.

Asked whether some of the lost e-mails could be related to the firings of the U.S. attorneys last year, Stanzel said: "That can't be ruled out."

Democrats reacted with scorn.

"This sounds like the administration's version of the dog ate my homework. I am deeply disturbed that just when this Administration is finally subjected to meaningful oversight, it cannot produce the necessary information," said Sen. Patrick Leahy of Vermont, chairman of the Senate Judiciary Committee.

Stanzel said 22 White House officials had been allowed to maintain e-mail addresses through the Republican National Committee. They included President Bush's senior political adviser, Karl Rove, and several of his deputies.

Democrats have been seeking information that might tie Rove to the decision to fire the attorneys.

Some White House aides trying to avoid violating the Hatch Act, which prohibits using government property for certain political activities, may have used the political account to communicate about official White House business, Stanzel said.

Some of those official e-mails may now be lost because the RNC had a policy of deleting e-mails about every 30 days. That policy was changed in 2004 to exclude White House officials, who are required to retain records and correspondence. Everything e-mailed from a White House account is automatically archived, Stanzel said.

The White House admission came as the Democratic-led Congress moved to obtain additional documents from the administration in its investigation of the firing of eight prosecutors, a case that has prompted calls for Attorney General Alberto Gonzales to resign.

Gonzales received a subpoena Tuesday from the House Judiciary Committee for documents related to the firings.

The White House said Bush had asked the Justice Department to be "fully responsive" to the request.

Gonzales, who with Bush's public support has rejected calls to resign, is to appear next week before the Senate Judiciary Committee, which plans to authorize subpoenas of its own Thursday for administration documents.

Saturday, April 7, 2007

What's Leaking Out of the White House

By Peter Baker

Sunday, April 8, 2007; B01

Shortly before leaving Moscow after four years covering Russia, I was granted a rare audience by a top Kremlin official. As we talked about Vladimir Putin and his relationship with President Bush, the Kremlin official compared the Bush team to the Bolsheviks and laughed at how secretive their White House appeared. "They've adopted some of our techniques with the press," he said.

For most of the past six years, journalists covering the White House have indeed been forced to master the art of Kremlinology. The famously disciplined and leak-averse Bush team succeeded at hermetically sealing the building, keeping behind-the-scenes machinations, well, behind the scenes. Deprived of any genuine information about how the institution operated, reporters were left to extrapolate what was really going on based on who was standing where at a Rose Garden photo op.

But something surprising has been happening in the past few months. The hermetic seal is showing cracks, and now the most disciplined administration in modern times has begun to see its internal workings seep into public view. Bush's shake-up of his Iraq team appeared in the newspapers before he was ready to announce it. His fight with the Joint Chiefs of Staff over plans to send more troops to Iraq played out on the front page for weeks. Secret memos by his national security adviser and his old defense secretary showed up in print. And unnamed officials put out word that Bush's new defense secretary tried unsuccessfully to close the prison at Guantanamo Bay, Cuba.

"You always have more leaks when you have a combination of a late term and big controversy," observed Marlin Fitzwater, the only person to serve as press secretary to two presidents, Ronald Reagan and George H.W. Bush. "Between the war and the last two years in office, I think it's pretty normal to have this kind of increase in leaked material. You've got to remember that the primary motivation for most leaks is that people want to influence the policy or the president when they're not otherwise able to do so. At the end of a term and in the middle of a controversy is when you can do that."

None of this means that the White House is suddenly leaking like a sieve. This is still not the most transparent institution; extracting information can be maddening at times. Just two months ago, as the Super Bowl neared, the White House refused to reveal what kind of television shows the president watches. And in fact, many disclosures that have come out lately seem to have originated from other agencies in the administration. But it signals that the White House is no longer able to enforce its will on all corners of government quite as efficiently as it once seemed to do.

"Discipline is enforced by fear, and there's not a lot of people right now afraid of the president, politically afraid," said Joe Lockhart, who was press secretary for President Bill Clinton. "The Joint Chiefs, the Republican leadership, former aides are not worried about political retribution from the White House. They're a paper tiger."

Indeed, the toughest criticism of the Bush White House these days seems to emanate from those who were once on the inside and are no longer reluctant to speak out. Matthew Dowd, the chief strategist for Bush's 2004 reelection campaign, told the New York Times this month that he is "so disappointed in things" that he has concluded that Sen. John F. Kerry was right about Iraq. John R. Bolton left his post as Bush's ambassador to the United Nations and within weeks complained that the administration was not being tough enough on Iran and North Korea. Kenneth Adelman, a former confidant of Vice President Cheney and adviser to then-Defense Secretary Donald H. Rumsfeld, now denounces his erstwhile friends for running the worst administration in modern times.

Some of what is happening now was commonplace in past administrations. During Clinton's tenure -- and, I'm told, during those of his predecessors -- it was possible within limits to gain insight into how the White House worked. Reporters who had a question about economic policy could call the president's economic adviser, those writing on health care could call his domestic policy adviser, those with legal queries could call the counsel's office. None of those officials in the Bush White House returns reporters' calls.

In the past, it usually became known who was being considered for the Supreme Court or top administration posts long before any announcements were made. Options for welfare policy and diplomatic initiatives were effectively vetted in the media before landing on the president's desk. At times, that put Clinton's disarray on public display, but on many other occasions, it helped air dissent and further legitimize debate.

"Within reason, it's healthy for the system," Lockhart said. "You can't govern through the newspapers. But you also can't govern with six people in the room. You have to strike a balance." In the first two years of Clinton's presidency, "there was too much public argument," he added. "But by the end of the administration, the balance was pretty good."

Bush didn't think so, and he came into office determined to do things differently. Leaks, in his view, were a sign of a disorderly White House. Nothing should get out that was not supposed to get out. And his ability to make that stick through so many years suggested an unusual solidarity among his team. Bush remembered people in his father's White House coming to him as the president's son to complain that they had no access to the Oval Office. The son vowed not to repeat that management pattern and believed that by keeping an open door, there would be less incentive for aides to go to the media to be heard.

"You've got two polar extremes there," said Trent Duffy, a former Bush spokesman, comparing his White House with the previous one. "The main reason the Bush White House was able to maintain such a level of discipline was largely because they and the vice president's office were really in sync and there wasn't a lot of freelancing, versus the Clinton White House, which was the opposite."

Still, as Duffy noted, the signature disagreement of Bush's first term did eventually become public -- the struggle over the Iraq war between Secretary of State Colin L. Powell on one side and Cheney and Rumsfeld on the other. The losing side in that struggle, Powell's State Department, was more likely to leak, a pattern that irritated Bush and the West Wing.

Every White House engages in strategic leaks that are planned and authorized at the top -- information placed without fingerprints to advance a particular goal or undercut a rival. Some aides in the Clinton White House kept a list of whose turn it was to receive a leak of an initiative that the president was soon to announce -- if it's Tuesday, it must be USA Today. Those sorts of meaningless 24-hour scoops were designed to maximize coverage of something the White House wanted covered on the theory that the recipient media organization would play up its "exclusive" and others would chase it.

The other kind of authorized leak can blow up on a White House, as the Bush team discovered when an attempt to discredit former ambassador Joseph C. Wilson IV, a critic of the Iraq war, triggered a special counsel investigation that ultimately led to the indictment and conviction of I. Lewis "Scooter" Libby, Cheney's chief of staff, for perjury and obstruction of justice.

But it is the unauthorized leak that every president rails against and, in the end, finds impossible to stop. Now Bush sees it happening more often. In the past few weeks, for example, The Washington Post reported on internal e-mails sent by White House aide Elliott Abrams blasting the president's nuclear agreement with North Korea. And the New York Times detailed an effort by Rumsfeld's replacement, Robert M. Gates, to shut down Guantanamo Bay, a proposal blocked by Cheney and Attorney General Alberto R. Gonzales.

Those are classic Washington stories, where debates on important issues of unquestionable public interest are aired in the open, something that might not have happened all that long ago. Duffy said that may stem from a somewhat more open environment fostered in the past year by White House Chief of Staff Joshua B. Bolten and press secretary Tony Snow, who are not wedded to rote talking points.

Rather than shun the media, Snow has made a point of putting the president and top aides out for more interviews as well as off-the-record meetings with journalists. "It's obvious the White House is doing things they didn't do in the first term," Duffy said. "Tony has a totally different approach."

Snow also hasn't sweated garden-variety leaks the way others used to. After Bush recently held an unpublicized meeting with a Russian general accused of war crimes in Chechnya, a government official leaked it to Human Rights Watch, which tipped off The Post. The resulting publicity prompted the White House to disavow knowing about the general's past and to swear off any future contacts.

The Russians were annoyed. No doubt they wished the old Kremlin techniques were still in effect.

bakerp@washpost.com

Peter Baker is a Washington Post White House correspondent.

Thursday, April 5, 2007

White House posts earmarks on website

Pet spending projects that lawmakers put in the 2005 budget are listed. The administration's requests aren't.

By Nicole Gaouette and Tom Hamburger

Times Staff Writers

April 5, 2007

WASHINGTON — In a direct challenge to Congress and the way it does business, the White House on Wednesday unveiled an online list of all the pet spending projects lawmakers tucked in the federal budget for the 2004-05 fiscal year.

The Internet database details spending known as earmarks, funds that lawmakers funnel to projects, programs and sometimes even specific recipients without going through the normal budget review — such as the $25 million provided to California spinach farmers in the recent Iraq spending bill.

The amount of earmarked money has tripled in the last decade. And in early January, just as Democrats were taking power, President Bush challenged Congress to halve the number and amount of earmarks, from a record $19 billion in fiscal 2005.

"You didn't vote them into law. I didn't sign them into law. Yet they are treated as if they have the force of law," Bush said in his State of the Union address. "The time has come to end this practice."

The database, which allows the public to search for earmarks by state and by agency but not by name of the sponsoring lawmaker, is the most comprehensive list produced by the government. But Democrats pointed out Wednesday that it did not include the earmarks the president and his administration requested.

The list includes 13,496 earmarks, of which 1,182 went to California recipients for a total of $1.7 billion, the most of any state.

Beneficiaries included Los Angeles-based nonprofit companies — such as Fashion Business Inc. ($50,000 for workforce training) and the Jewish Vocational Service ($198,000 to train certified nursing assistants) — and Arcata-based Internews Network, which got nearly $8 million, mostly for training Indonesian journalists.

Other top recipients included Alaska, which got earmarks for agricultural research on northern climate crops ($1.6 million) and seafood waste ($1.2 million).

The website is the latest effort on both ends of Pennsylvania Avenue to shine light into the hidden realm of earmarks. For years, a few lone congressional protesters — Arizona Republicans Sen. John McCain and Rep. Jeff Flake to name two — attempted to halt the rampant growth of earmarks, which soared during the years Republicans were in control of Congress.

Members of both parties defend earmarking as a way for Congress to put attention on local concerns when executive-branch agencies are unresponsive. They are also important to congressional leaders in building their power as well as luring campaign contributions.

But in 2005, earmarking became a public concern. It emerged at the center of the case against former Rep. Randy "Duke" Cunningham (R-Rancho Santa Fe), now in prison for securing federal funding for individuals who provided him personal benefits.

It was also the basis for much of the wealth amassed by lobbyist Jack Abramoff, who was convicted of bribery and a bogus casino deal. He referred to the House Appropriations Committee as "the favor factory."

Flake hailed the database as a step forward. "Whenever any members of Congress can basically write a check to a group at home without any real oversight, and when people in Congress basically will look the other way if you'll offer them the same courtesy when they offer earmarks, you'll have something ripe for abuse," Flake said. "We shouldn't be surprised when we have a Duke Cunningham."

The congressman, who puts out a weekly e-mail spotlighting the "egregious earmark of the week," said the database "should help those of us who think this process is really short-circuiting the traditional authorizing, appropriating and oversight function of Congress. I think when taxpayers take a look, they'll be quite upset at how their dollars are being spent."

When Democrats took power, House and Senate leaders created rules that will identify sponsors of earmarks and require them to certify that they have no financial interest in the earmark.

"It was a missed opportunity to get rid of earmarks altogether," said Beth Daley, head of investigations at the Project on Government Oversight, a nonpartisan nonprofit. Daley calls earmarks "the funding stream for the lobbying profession."

The database, at http://www.whitehouse.gov/omb , lacks some information considered vital by activists. It is only for fiscal 2005 and does not give the name of the lawmaker behind the earmark.

It also does not include any earmarks requested by the administration. As a result, it contains fewer earmarks than some other sources. For example, the Congressional Research Service found $48 billion in earmarks in its review.

Some of those deficiencies will be addressed next year when congressionally authorized earmark disclosure data are released.

"This is a treasure trove of information that [the Office of Management and Budget] has made available to the public," said Steve Ellis, a vice president of Taxpayers for Common Sense, a group that developed its own earmark database in years past. "We would like to see more, but this is far more than anyone else has had to date."

*


nicole.gaouette@latimes.com

tom.hamburger@latimes.com

*

Begin text of infobox

Special needs

In fiscal year 2005, there were more than 13,000 earmarks with a total value of $19 billion. Here are the top recipients.

California … $1.66 (in billions)

Pennsylvania … 1.09

Virginia … .94

Texas … .78

Florida … .72

*

California projects

About three-fourths of California's $1.6 billion in earmarks are directed to two areas - defense and transportation. Here is a selection of some of the recipients:

*

Defense

Allied Container Systems

(Pleasant Hill): $29.7 million for range enhancements at Twentynine Palms Marine base

MC Depots

(Barstow): $21.5 million for repairing battle-damaged vehicles

General Atomics-ASI

(Rancho Bernardo): $30 million to acquire two new Predator UAVs

Defense Language Institute

(Monterey): $6.7 million for a dental clinic

*

Transportation

California Department of Transportation: $197,000 for Angels Flight in Los Angeles

L.A. County Metropolitan Transportation Authority: $1.9 million for the MTA bus program

L.A. County MTA: $496,000 for Gold Line subway Foothill extension

Caltrans: $4.2 million for ongoing earthquake retrofit of the Golden Gate Bridge

*

Source: Office of Management and Budget

Thursday, March 29, 2007

Waxman requests documents from Rove

Thursday, March 29, 2007
Administration Oversight

Information Requested on Political Presentations

Following a hearing regarding allegations of misconduct at GSA, the Committee writes Karl Rove to learn what other agencies received political presentations and whether federal agencies or resources were used to help Republican candidates.

Wednesday, March 28, 2007

Waxman requests information on White House contract with MZM: Look no further, the answer is HERE!

Related
Background
A private firm, MZM, commits a major crime bribing a Congressman and had major access to top secret government computers. Said Congressman is in jail.
Update: Cunningham Scandal; A White House Link?
---
Monday, March 26, 2007


Chairman Waxman Requests Information on White House Contract with MZM

As part of the Committee’s ongoing investigation into waste, fraud, and abuse in federal contracting, the Committee has requested information on a $140,000 contract awarded by the Executive Office of the President to MZM, Inc. in July 2002.

The contract with the White House appears to have been MZM’s first prime contract with the federal government. Subsequent investigations of other MZM contracts had uncovered serious irregularities. To date, there has been no examination of the circumstances surrounding the company’s initial contract and the role that White House officials played in the award and execution.

---

This book answers the question:


The Wrong Stuff: The Extraordinary Saga of Randy "Duke" Cunningham, the Most Corrupt Congressman Ever Caught.


It reveals the contract was for was for screening the president's mail.

Imagine that. Criminals reading Bush's mail. The information could be valuable to certain foreign agents, like the Larry Franklins of this world.


Editorial Reviews

Book Description

The Pulitzer Prize-winning team that uncovered the biggest bribery scandal in congressional history tells the colorfully sordid story of a scandal reaching into the highest levels of the CIA, the Pentagon, and the Congress.

Duke Cunningham was an All-American success story. The Midwestern boy who went off to war, became a hero and rode his fame into Congress, he even bragged that Tom Cruise played him in a popular movie. But the fall of this "Top Gun" was almost as epic and just as cinematic. Today he sits in prison, branded as the most corrupt member of Congress in U.S. history.


To the public, Cunningham was a heroic family man. In reality, he was a hard-drinking, partisan bully with a lavish sense of entitlement and feckless moral compass. In the end, he fed rogues like Brent Wilkes and Mitch Wade millions of dollars in vital post-9/11 contracts in exchange for millions in bribes.

Now, the journalists who won the 2006 Pulitzer Prize for sending Cunningham to prison uncover new details in a story still unfolding in Washington. The Wrong Stuff chronicles Cunningham's rise and his ignominious fall. It is the saga of a man strong enough to brave enemy fire but too weak to resist the corrupt contractors and lobbyists in the nation's capitol. It is also the story of the dark side of Washington today.

About the Author

The authors were on the team that won the 2006 Pulitzer Prize for National Reporting. Jerry Kammer has been a correspondent for Copley News Service since 2002. Marcus Stern has been in Copley's Washington Bureau for twenty-two years. Dean Calbreath has been a reporter for The San Diego Union-Tribune for more than eight years. George E. Condon Jr. has been Washington bureau chief for Copley since 1984. Stern, Calbreath, and Kammer all received the George Polk award. Stern and Kammer also share the Edgar Poe award.

Second Witness Reveals Much In Plame Leak Controversy

by Laura Heaton
UPI Intelligence Correspondent
Washington (UPI) March 26, 2007

Despite the hype surrounding the first public appearance by Valerie Plame Wilson last week, the testimony that was most indicting of the Bush administration's handling of the CIA leak controversy came not from the former CIA agent but from the second witness: a White House official responsible for carrying out internal White House investigations.

James Knodell, director of the Office of Security at the White House, testified that in the weeks following the leak of Plame's identity as a covert officer at the CIA, the White House never undertook an internal investigation to locate the loose cannon in its midst.

Knodell testified for the House Committee on Oversight and Government Reform that there was neither an internal White House report about the possible security breach, nor an investigation to identify the source of the leak of classified information, nor any sanctioning of White House staff to ensure that additional information wasn't leaked.

"There was already an outside investigation that was taking place, a criminal investigation," Knodell offered as an explanation.

But as members of the committee pointed out, there was a two and a half month gap between the time when journalist Robert Novak first revealed Plame's identity on July 14, 2003 and the start of a criminal investigation by the U.S. Department of Justice on Sept. 30 and subsequently by special prosecutor Patrick Fitzgerald.

"The investigation by Mr. Fitzgerald didn't take place for months ... after it was well-known that there had been a leak of the identity of a covert CIA agent," said Chairman Henry Waxman.

A series of executive orders signed in the mid-1990s established the procedure for handling and securing classified information within the Executive Office of the president, Knodell explained. If an employee of the EOP breaches these guidelines, a report must be filed with the Office of Security, and Knodell's office would determine whether to revoke the individual's security clearance.

"There's an obligation for the White House to conduct an immediate investigation to find out whether they needed to suspend security clearances of somebody who had leaked this information, to maybe take disciplinary action against an individual who might have been involved, and thirdly, to find out who divulged it," Waxman said.

Bill Leonard, director of the Information Security Oversight Office at the National Archives and Records Administration, also testified about the obligation to investigate.

"Whenever there is suspected unauthorized disclosure or compromise, there is an affirmative responsibility to do an inquiry. At the very least to ... implement corrective action, so that subsequent and additional and similar violations do not occur," Leonard said. The investigation is also aimed at assessing potential damage to national security that resulted from the leak, he added.

In the immediate aftermath of the CIA leak, President Bush acknowledged the need to find the source.

Speaking to reporters a day after the Department of Justice announced its investigation Bush said, "If there is a leak out of my administration, I want to know who it is. And if the person has violated law, the person will be taken care of. ... I welcome the investigation."

If the president claimed to support an investigation, why did the White House not conduct one as it is obligated to do by various executive orders protecting classified information? It's a simple question an even more obvious answer after hearing Knodell's testimony.

"The White House didn't engage in standard operating procedure because internally, everyone basically knew what had happened and knew that the involvement of Karl Rove and Scooter Libby and possibly others made this an insider's game," said Steve Clemons, a senior fellow at the New America Foundation.

Clemons said that while the leak of classified information is always a national security concern, this case is particularly insidious because of the way the Bush administration reacted.

"The president's huff and puff at the time of the outing of Valerie Plame was very good theater, but now if we go back and look at it, all of the key players inside who set the president up to make those comments were the ones very involved with making a campaign out of Valerie Plame's identity to get back at Joe Wilson," Clemons said.

Regardless of whether classified information was disclosed for malicious reasons or just as a careless slip by one of Bush's subordinates who didn't realize that Plame was covert, the obligation to investigate still stands.

The executive orders make no distinction about intent; but in this case, the motivation behind the controversy seems apparent.

So the follow-up question is naturally, what happens next?

The Oversight Committee sent a letter to Joshua Bolten, the White House Chief of Staff, which said that the hearing "raised new concerns about whether the security practices being followed by the White House are sufficient to protect our nation's most sensitive secrets."

The letter asked Bolten to provide an account of the steps taken to investigate how the leak occurred, review the security clearances of White House officials implicated in the leak, impose sanctions against officials involved in the leak, and revise security procedures to prevent future breaches.

The White House did not return calls inquiring about a response to the committee's letter.

Source: United Press International

Friday, March 23, 2007

Executive Overreach

The White House Is Taking Privilege Too Far
By Beth Nolan

Friday, March 23, 2007; A17

The Framers of our Constitution envisioned that in the exercise of their authorities, the two political branches would assert their prerogatives against each other. A process of negotiation and accommodation between the branches is what one would expect. That process isn't elegant, but a push-pull between the branches doesn't necessarily mean that anything is wrong.

What is going wrong today, however, is the take-it-or-leave-it position of the White House.

The struggle between Congress and the executive branch over the requested testimony of White House officials regarding the removal of eight U.S. attorneys is playing out in the political arena. In fact, the political arena is where the contours of these prerogatives are largely shaped, rather than in our courts. While executive privilege is based in constitutional principles of the separation of powers and the authority of the president over the executive branch, and the privilege has been recognized by the Supreme Court, its scope has been largely determined outside the judicial process.

President Bush's counsel not inappropriately started by seeking to shield high-level White House advisers from compelled testimony before Congress. The White House offered the officials for private interviews by lawmakers and their staffs, so long as there are no oaths, transcripts, follow-up interviews or queries delving into White House discussions. Lawmakers have rejected that offer as insufficient to permit Congress to exercise fully its oversight and legislative roles, and congressional committees have authorized the issuance of subpoenas.

Out of respect for the separation of powers, Congress should not ordinarily call on such officials for testimony but should leave such officials to devote their attention to their duties for the president. This rationale no longer has force for those who have left the White House, such as Harriet Miers, but even then, communications with the president or internal White House communications about the president's decision to dismiss his appointees should usually be shielded from disclosure. Presidents need candid advice from their counselors, and respecting the privilege enhances the likelihood of such candor.

But Congress has duties and responsibilities in our constitutional system as well, and the president has an equal responsibility to respect Congress's important and legitimate interests in this matter. Serious questions have been raised about whether illegitimate considerations played into those dismissal decisions. These are questions Congress should be exploring. While any president has the authority to fire his or her appointees, including U.S. attorneys, the independence of our prosecutors from improper political (not policy) influence is a bedrock principle of our criminal justice system.

We don't know exactly what happened, but enough questions have been raised by the e-mails that have been disclosed and officials' changing stories to establish that Congress -- and the American people -- are entitled to know more. When Congress has already received information and testimony that raises serious questions about possible wrongdoing, the White House counsel's offer -- a closed-door session that may not be recorded, even by a transcript, and on the condition that Congress has only one bite at the apple, no matter what it may subsequently learn -- is simply inadequate. Executive privilege is an important and essential constitutional principle, but it is not the only important principle at issue here.

Congress can be too aggressive in intruding on executive prerogatives. When I was counsel to the president, we were deluged with subpoenas, many of which were issued unilaterally by a committee chair and served on us without even the courtesy of a phone call first. So much for respecting a co-equal branch or engaging in a process of accommodation. I testified before Congress twice, under oath and pursuant to subpoena, on White House e-mail reconstruction. Even after the change in administrations, I testified under oath when Congress sought information about presidential pardons. (Once, the president asserted a privilege when my testimony was sought regarding earlier pardons.) Too often during that period, Congress failed to show proper restraint in seeking information from the White House.

But the executive can also be too aggressive in asserting its prerogatives in the face of a legitimate need of Congress. Each branch should vigorously seek to protect its legitimate powers, and each branch should recognize the legitimacy of the others' concerns. The White House's current insistence that its restrictive offer is nonnegotiable prevents the process from working as it should.

The writer is a litigation partner in the Washington-based law firm Crowell & Moring LLP. She was counsel to the president from September 1999 to January 2001 and served in the Justice Department's Office of Legal Counsel as deputy assistant attorney general from 1996 to 1999.

Tony Snow has balls?

White House spokesman Snow faces surgery
POSTED: 2:50 p.m. EDT, March 23, 2007

Excerpt

He said Friday that tests since the growth was discovered in his lower right pelvic area have been negative, but that doctors decided to remove it to be sure.

Thursday, March 22, 2007

The Godfather White House

Bush goes to the mat to defend Gonzales and Rove from subpoenas issued in the US attorneys firing scandal. Just what does Rove know?

March 22, 2007 7:30 PM

Sidney Blumenthal

Leave aside the unintentional irony of President Bush asserting executive privilege to shield his aides from testifying before the Congress in the summary firings of eight US attorneys because the precedent would prevent him from receiving "good advice". Leave aside also his denunciation of the Congress for the impertinence of requesting such testimony as "partisan" and "demanding show trials", despite calls from Republicans for the dismissal of Attorney General Alberto Gonzales. Ignore as well Bush's adamant defence of Gonzales.

The man Bush has nicknamed "Fredo", the weak and betraying brother of the Corleone family, is, unlike Fredo, a blind loyalist, and will not be dispatched with a shot to the back of the head in a rowboat on the lake while reciting his Ave Maria. (Is Bush aware that Colin Powell refers to him as "Sonny", after the hothead oldest son?) But saving "Fredo" doesn't explain why Bush is willing to risk a constitutional crisis. Why is Bush going to the mattresses against the Congress? What doesn't he want known?

In the US 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 US attorneys but did not conceive it. The plot to transform the US 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.

Just after Bush's reelection and before his second inauguration, as his administration's hubris was running at high tide, Rove dropped by the White House legal counsel's office to check on the plan for the purge. An internal e-mail, dated January 6, 2005, and circulated within that office, quoted Rove as asking "how we planned to proceed regarding the US attorneys, whether we are going to allow all to stay, request resignations from all and accept only some of them, or selectively replace them, etc." Three days later, Sampson, in an e-mail, "Re: Question from Karl Rove", wrote: "As an operational matter we would like to replace 15-20 percent of the current US attorneys - the underperforming ones ...The vast majority of US attorneys, 80-85 percent I would guess, are doing a great job, are loyal Bushies, etc., etc."

The disclosure of the e-mails establishing Rove's centrality suggests not only the political chain of command but also the hierarchy of coverup. Bush protects Gonzales in order to protect those who gave Gonzales his marching orders - Rove and Bush himself.

"Now, we're at a point where people want to play politics with it", Rove declared on March 15 in a speech at Troy University in Alabama. The scene of Rove's self-dramatization as a victim of "politics" recalls nothing so much as Oscar Wilde's remark about Dickens's "Old Curiosity Shop": "One must have a heart of stone to read the death of little Nell without laughing."

From his method acting against "politics", Rove went on to his next, more banal talking point: There can be no scandal because everyone's guilty. (This is a variation of the old "it didn't start with Watergate" defense.) "I would simply ask that everybody who's playing politics with this, be asked to comment on what they think of the removal of 123 US attorneys during the previous administration and see if they had the same, superheated political rhetoric then that they've having now." Instantly, this Rove talking point echoed out the squawk boxes of conservative talk radio and through the parrot jungle of the Washington press corps.

Indeed, Presidents Clinton, George HW Bush and Reagan replaced the 93 US attorneys at the beginning of their administration as part of the normal turnover involved in the alternation of power. A report issued on February 22 from the Congressional Research Service revealed that between 1981 and 2006, only five of the 486 US attorneys failed to finish their four-year terms, and none were fired for political reasons. Only three were fired for questionable behavior, including one on "accusations that he bit a topless dancer on the arm during a visit to an adult club after losing a big drug case". In brief, Bush's firings were unprecedented, and Rove's talking point was simply one among several shifting explanations, starting with the initial false talking point that those dismissed suffered from "low performance".

"Administration has determined to ask some underperforming USAs to move on," wrote Sampson in a December 5, 2006, e-mail to associate attorney general Bill Mercer. Yet the Associated Press reported on Tuesday, March 20: "Six of the eight US attorneys fired by the Justice Department ranked in the top third among their peers for the number of prosecutions filed last year, according to an analysis of federal records. In addition, five of the eight were among the government's top performers in winning convictions."

When the scandal first broke, Rove personally offered a talking point on one of those fired, claiming on March 8 that the US attorney for San Diego, Carol Lam, "refused to file immigration cases ... at the direction of the Attorney General, she was asked to file, and she said I don't want to make that a priority in my office." Though there was pressure on Lam to pursue more immigration cases, a heated issue for Republicans, three months before she was dismissed, the Justice Department had sent a letter to Sen. Dianne Feinstein, D-Calif., noting that Lam's office had devoted "fully half of its Assistant US Attorneys to prosecute criminal immigration cases".

Nor was the US attorney for Washington state, John McKay, dismissed for "low performance". On August 9, 2006, Sampson recommended him for a federal judgeship, writing in an e-mail: "re: John, it's highly unlikely that we could do better in Seattle." Yet, less than a month later, on Sept. 13, Sampson placed McKay on a list titled: "[US Attorneys] We Now Should Consider Pushing Out." McKay was removed from favored status, according to his own sworn testimony before the Congress, because of his refusal to prosecute Democrats on nonexistent charges of voter fraud after the Democratic candidate for governor won by a razor-thin margin in 2004. McKay said he received telephone calls from Ed Cassidy, chief of staff to Rep. Doc Hastings, R-Wash., and state Republican Party chairman Chris Vance pressuring him to open a probe. Now, McKay has called for a special prosecutor to investigate the firings.

McKay's case parallels that of David Iglesias. As Iglesias wrote in the New York Times in an article titled "Why I Was Fired": "Politics entered my life with two phone calls that I received last fall, just before the November election. One came from Representative Heather Wilson and the other from Senator [Pete] Domenici, both Republicans from my state, New Mexico. Ms. Wilson asked me about sealed indictments pertaining to a politically charged corruption case widely reported in the news media involving local Democrats. Her question instantly put me on guard. Prosecutors may not legally talk about indictments, so I was evasive. Shortly after speaking to Ms. Wilson, I received a call from Senator Domenici at my home. The senator wanted to know whether I was going to file corruption charges - the cases Ms. Wilson had been asking about - before November. When I told him that I didn't think so, he said, 'I am very sorry to hear that,' and the line went dead. A few weeks after those phone calls, my name was added to a list of United States attorneys who would be asked to resign - even though I had excellent office evaluations, the biggest political corruption prosecutions in New Mexico history, a record number of overall prosecutions and a 95 percent conviction rate."

Domenici and Wilson have both hired lawyers, given that they could potentially face prosecution for obstruction of justice. Their possible legal vulnerability and that of other Republicans across the country suggests a major reason why Bush is fighting to keep Rove from testifying before the Congress under oath.

McKay's and Iglesias's cases, as they explain them, involve efforts to pressure US attorneys to launch investigations solely for political motives. The US attorneys decided that evidence was lacking for such probes, and they were accordingly punished. Meanwhile, four of those fired were guilty of offenses of commission, not omission, having begun legitimate public corruption investigations of Republican officials.

Lam, who had successfully prosecuted Representative Randy "Duke" Cunningham, was following the trail by investigating his associates, defense contractor and Republican fundraiser Brent Wilkes, and Wilkes' best friend, Dusty Foggo, the No 3 ranking official at the CIA, the chief of contracting; and Representative Jerry Lewis, a California Republican.

Daniel Bogden, the US attorney for Nevada, was investigating whether Governor Jim Gibbons "accepted unreported gifts or payments from a company that was awarded secret military contracts when Mr. Gibbons served in Congress", according to the Wall Street Journal.

HE "Bud" Cummins, the US attorney for Arkansas, was investigating conflict-of-interest corruption involving state contracts that Missouri governor Matt Blunt granted to Republican contributors. In October 2006, Cummins announced he would not seek indictments. But his statement just came four weeks before the election for the US Senate seat in Missouri that the Democratic candidate, Claire McCaskill, won narrowly. Cummins told the Los Angeles Times, "You have to firewall politics out of the Department of Justice. Because once it gets in, people question every decision you make. Now I keep asking myself: 'What about the Blunt deal?'"

Paul Charlton, the US attorney for Arizona, was investigating Representative Rick Renzi, R-Ariz., for allegedly corrupt land deals and introducing legislation to benefit a major campaign contributor. Charlton was curiously accused of not filing obscenity cases, which, in fact, he did pursue.

In each of these public corruption cases, it is reasonable to assume that the relevant Republican political figures either themselves complained or complained through surrogates about the US attorneys to Rove, the matrix of national GOP politics. But which officials - instead of foolishly making direct calls to the US attorney, like Domenici and Wilson - went through Rove to stymie the investigations (or rush them, if they were targeting Democrats)? Then, what did Rove say about the individual US attorneys to the White House Office of Legal Counsel and officials in the Justice Department?

Bush's resistance to having Rove placed under oath or even having a transcript of his testimony appears to be a coverup of a series of obstructions of justice. The e-mails hint at the quickening pulse of communications between the White House and the Justice Department. But only sworn testimony can elicit the truth.

On Wednesday, the House Judiciary Committee issued five subpoenas, including one for Rove, and on Thursday the Senate Judiciary Committee plans to follow suit. With these subpoenas, a constitutional battle is joined. "The moment subpoenas are issued, it means that they have rejected the offer," said White House press secretary Tony Snow. Bush is barricading his White House against the Congress to prevent its members from posing the pertinent question that might open the floodgate: What did Karl Rove know, and when did he know it?


Sidney Blumenthal is a former assistant and senior adviser to President Clinton; the author of the The Clinton Wars and other books, including The Permanent Campaign and The Rise of the Counter-Establishment; a columnist for the Guardian, Salon.com and OpenDemocracy.net and a former staff writer for the Washington Post, the New Yorker and the New Republic.

His latest book, How Bush Rules: Chronicles of a Radical Regime, is published by Guardian Books/Princeton University Press. He is currently senior fellow at the New York University Centre on Law and Security.

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