One Nation Under Investigation -- (Emphasis added)

Bush Count-down clock - - - The Yellowcake Road and other Scandals - - - Strategies for the Future

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Walt Kelly:

'There is no need to sally forth, for it remains true that those things which make us human are, curiously enough, always close at hand. Resolve then, that on this very ground, with small flags waving and tinny blasts on tiny trumpets, we shall meet the enemy, and not only may he be ours, he may be us.'
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10.30.2005 FAREED ZAKARIA'S review of 'The Assassins' Gate': Occupational Hazards

10.30.2005 "Rich Senators Defeat Minimum-Wage Hike" Helen Thomas via Jinky The Cat

10.30.2005 James Wolcott:

In his latest flaming spear hurled from on high, Hanson says it's do or die time for Bush. Surrounded by evildoers and no-gooders, he must stand and fight. "He can choose either to be nicked and slowly bled to death in his second term, or to bare his fangs and like some cornered carnivore start slashing back."

Now I don't know about you, but I'm not comfortable with the idea of the Commander in Chief of the most powerful military in history baring his fangs and slashing like some demon possessed fresh from the Hellmouth. It's not really what the framers of democracy had in mind.

10.29.2005 " Taking the high ground, and the rest of it too." Aaron
Citing 'eminent domain' Jersey City has decided to seize a few more feet of our rights and turn them over to others.
A man's business and backroom apartment is being taken so the city can give the land to a Catholic School that wants a few more yards for its football field.
It looks like the slippery slope we started down a few months ago has been fully claimed by the government and turned over to private interests.
This not only trespasses on a few amendments, but it also tiptoes into the yard of at least one "covet thy neighbor" commandment.
It is nice that in this country you can be rendered by Caesar and the Lord all at the same time, ain't it?
10.29.2005 Billmon:
In other words, someone has tried very hard to keep Official A on ice, so to speak, while roasting Libby over an open Plame/Flame. Of course, that doesn't mean Fitzgerald will indict Rove, but it's the most tangible evidence that Rove remains in deep legal doo doo. If "consensus opinion" is arguing otherwise, then I suspect York is getting his consensus opinion from Robert Luskin.
...
Jane Hamsher argues that Fitzgerald's strategy -- including his decision not to hit Libby with an IIPA or an Espionage Act charge -- is all geared towards squeezing Scooter to rat out Big Time. She also quotes John Dean, who I thought was on my side, to that same effect.

Maybe -- although I'm still having trouble understanding how not charging somebody for espionage helps put the squeeze on them. Part of my skepticism, I guess, stems from the fact that we all want to believe Fitzgerald is trying to spear Moby Dick ("From hell's heart I stab at thee!") and if the neocons should have taught us anything, it's to be inordinately suspicious of your fondest dreams.

10.26.2005 "The Real Indictment of Dick Cheney", Cenk Uygar

10.26.2005 Joshua Holland: "I hope I'm wrong, but I think the Democrats face a big challenge pushing their "culture of corruption" narrative: namely, they're knee-deep in it."

10.24.2005 Mark Kleiman:

A reader points me to this Josh Marshall post linking to a UPI story by Martin Walker reporting that "Fitzgerald's team of investigators has sought and obtained documentation on the forgeries from the Italian government" and inferring from that fact that "the CIA leak inquiry that threatens senior White House aides has now widened to include the forgery of documents on African uranium that started the investigation." Josh vouches for Walker's credibility, and I have no reason to doubt him.

But note that the inference doesn't follow from the fact, and is contradicted by Fitzgerald's terms of reference. Fitzgerald may well want to bring in the Yellowcake Road story to show motive for whatever crimes he charges, but the charges themselves will have to be limited to blowing Plame's cover and covering it up.

10.24.2005 Sen. Kay Bailey Hutchison
"I certainly hope that if there is going to be an indictment that says something happened, that it is an indictment on a crime and not some perjury technicality ..."

Meteor Blades: "The memory-challenged Senator perhaps forgot what she said in 1999 during impeachment of Bill Clinton, but the Internet does not forget."

See also: Trey Ellis And a collection of statements of republican senators regarding perjury, made in 1999 Kos

Charlie Cook: "All these little bitty scandals. Individually they don't amount to much. Collectively they sort of add up."

10.24.2005 Billmon:
Josh Marshall wonders what it might mean for the special prosecutor's investigation now that U.S. Attorney Paul McNulty has been nominated for the number-two job at the Justice Department. I suspect the short answer is: nothing good.

WaPo

A critical early success for Fitzgerald was winning the cooperation of Robert D. Novak, the Chicago Sun-Times columnist who named Plame in a July 2003 story and attributed key information to "two senior administration officials." Legal sources said Novak avoided a fight and quietly helped the special counsel's inquiry, although neither the columnist nor his attorney have said so publicly.
...
(Judge Tatel) said the testimony of the two reporters "appears essential to remedying a serious breach of public trust."
10.22.2005 Josh Marshall on how the White House is scapegoating Libby. For example: NYT, Jane Hamsher
James Wolcott: See, I'm imaging that if I'm Scooter Libby, I might be thinking that Karl and his crew overplayed their hand making me the leper, and maybe I've got some things of my own to divulge, and if I go down, maybe I won't be going down alone.

They're not going to pin this all on me.

10.22.2005 Jay Rosen on Judith Miller's "Security Clearance"

10.22.2005 "We have met the enemy and they are us" Pogo

NYT: The federal government, vastly extending the reach of an 11-year-old law, is requiring hundreds of universities, online communications companies and cities to overhaul their Internet computer networks to make it easier for law enforcement authorities to monitor e-mail and other online communications.
...
The order, issued by the Federal Communications Commission in August and first published in the Federal Register last week, extends the provisions of a 1994 wiretap law not only to universities, but also to libraries, airports providing wireless service and commercial Internet access providers.
...
It also applies to municipalities that provide Internet access to residents, be they rural towns or cities like Philadelphia and San Francisco, which have plans to build their own Net access networks.
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The universities do not question the government's right to use wiretaps to monitor terrorism or criminal suspects on college campuses, Mr. Hartle said, only the order's rapid timetable for compliance and extraordinary cost.
10.21.2005 Michael Isikoff:
The real story of last weekend's Judy Miller revelations is not what Scooter Libby may have told her about Joe Wilson's wife. It is how Libby clearly, and unequivocally, misrepresented the contents of the classified National Intelligence Estimate (NIE) about Iraqi WMD
10.21.2005 Patrick Fitzgerald has put up a web page

10.21.2005 John Dean throws some cold water in our faces:

In short, I cannot imagine any of them being indicted, unless they were acting for reasons other than national security. Because national security is such a gray area of the law, come next week, I can see this entire investigation coming to a remarkable anti-climax, as Fitzgerald closes down his Washington Office and returns to Chicago.

In short, I think the frenzy is about to end -- and it will not go any further. Unless, of course, these folks were foolish enough to give false statements, perjure themselves or suborn perjury, or commit obstruction of justice. If they were so stupid, Patrick Fitzgerald must stay and clean house.

But Billmon says: "But, while I've seen nothing that suggests the special prosecutor is digging into the shitpile of the neocon conspiracy to wage aggressive war, I've also seen nothing to suggest he's backing away even one inch from the more mundane crimes of the "get Joe Wilson" slime campaign.
...
I think, or at least, hope, Fitzgerald understands that when an administration turns the vast national security powers of the U.S. government against its own citizens, for purely political purposes, it sacrifices any claim to privilege or protection.

10.20.2005 Jane Hamsher:

As rumors swirl that key NeoCons are frantically speed-dialing their lawyers in PlameGate, it's important to remember that if and when Richard Perle gets handed an indictment from Patrick Fitzgerald he is the only one we know of who will have to ask -- in what case?

In his day job as US Attorney in Chicago, Fitzgerald is also looking into Perle's activities on the board of Hollinger International, one of the country's largest media empires.

10.20.2005 LA Times: "Cheney, CIA Long at Odds -- The vice president's history of tension with the agency may help explain why his office is an area of interest in the blown-cover probe."

10.20.2005 "The Most Important Criminal Case in American History"

10.20.2005 "The So-called "Lies" of Joe Wilson" by Larry C. Johnson

10.20.2005 "Leave the dopers alone" By Norm Stamper

10.20.2005 "There's something big coming in this city (Chris Matthews)"

10.19.2005 ‘Cheney cabal hijacked US foreign policy’ via Josh Marshall

In a scathing attack on the record of President George W. Bush, Colonel Lawrence Wilkerson, chief of staff to Mr Powell until last January, said: “What I saw was a cabal between the vice-president of the United States, Richard Cheney, and the secretary of defense, Donald Rumsfeld, on critical issues that made decisions that the bureaucracy did not know were being made.

video here

10.19.2005 Summary of current events: "All spoke on condition of anonymity because of the secrecy of the proceedings." Or, not so secret.

10.19.2005 NY Daily News

An angry President Bush rebuked chief political guru Karl Rove two years ago for his role in the Valerie Plame affair, sources told the Daily News. "He made his displeasure known to Karl," a presidential counselor told The News. "He made his life miserable about this."
10.19.2005 NYT: "The special counsel in the C.I.A. leak case has told associates he has no plans to issue a final report about the results of the investigation, heightening the expectation that he intends to bring indictments, lawyers in the case and law enforcement officials said yesterday."

10.18.2005 AP:

Plame, Wilson's wife, never worked for WINPAC, which is on the overt side of the CIA. She worked on the CIA's secret side, the directorate of operations, according to three people familiar with her work for the spy agency.
10.18.2005 "Cheney aide cooperating with CIA outing probe, sources say"
Individuals familiar with Fitzgerald’s case tell RAW STORY that John Hannah, a senior national security aide on loan to Vice President Dick Cheney from the offices of then-Under Secretary of State for Arms Control and International Security Affairs, John Bolton, was named as a target of Fitzgerald’s probe. They say he was told in recent weeks that he could face imminent indictment for his role in leaking Plame-Wilson’s name to reporters unless he cooperated with the investigation.

Others close to the probe say that if Hannah is cooperating with the special prosecutor then he was likely going to be charged as a co-conspirator and may have cut a deal.

10.18.2005 Detroit's own Rep. John Conyers writes to Rumsfeld to get information about Judy Miller's "security clearance".

10.18.2005 Cenk Uygur: "The Real Target of the Valerie Plame Leak: Valerie Plame"

We don’t know how much of Plame’s work was about the Iraqi weapons programs. And we don’t know what she thought of the intelligence on Iraq. But if I was the prosecutor in this case – or the jury – I’d want to know if the people who outed Plame did so to prevent her doing further work on this topic, voicing further dissent within the government or acquiring more information.
10.17.2005 AP:
A federal appeals court in Washington had ruled that the government could not pursue the $280 billion, the most ever sought in a civil racketeering trial. Then-appeals court Judge John Roberts had recused himself from the case there, without giving a reason. Roberts, who is now the chief justice, participated in the case at the Supreme Court.
10.17.2005 Bloomberg:
In an interview yesterday, Wilson said that once the criminal questions are settled, he and his wife may file a civil lawsuit against Bush, Cheney and others seeking damages for the alleged harm done to Plame's career.

If they do so, the current state of the law makes it likely that the suit will be allowed to proceed -- and Bush and Cheney will face questioning under oath -- while they are in office. The reason for that is a unanimous 1997 U.S. Supreme Court decision ruling that Paula Jones' sexual harassment suit against then-President Bill Clinton could go forward immediately, a decision that was hailed by conservatives at the time.

Billmon:

Doug, a commentor at Moon of Alabama, points out that Bloomberg is probably wrong about the "current state of the law," since the Paula Jones decision involved a lawsuit against a sitting president over conduct that allegedly occurred before he took office. Clinton's lawyers argued that such cases should essentially be frozen while the defendant is in office. The Supremes, in their infinite wisdom, disagreed.

Doug asserts that under current law, a civil suit brought against a sitting president or vice president because of their official conduct while in office (yeah, I know, outing CIA agents isn't in their job descriptions, but it still counts as "official" conduct) would almost certainly be dismissed. Since he sounds like he knows what he's talking about, I'll take his word for it.

10.17.2005 Howard Kurtz via Leftcoaster:
Craig Pyes, a former contract writer for the Times who teamed up with Miller for a series on al Qaeda, complained about her in a December 2000 memo to Times editors and asked that his byline not appear on one piece.

"I'm not willing to work further on this project with Judy Miller," wrote Pyes, who now writes for the Los Angeles Times. He added: "I do not trust her work, her judgment, or her conduct. She is an advocate, and her actions threaten the integrity of the enterprise, and of everyone who works with her . . . She has turned in a draft of a story of a collective enterprise that is little more than dictation from government sources over several days, filled with unproven assertions and factual inaccuracies," and "tried to stampede it into the paper."

10.16.2005 E&P:
There is one enormous journalism scandal hidden in Judith Miller's Oct. 16th first person article about the (perhaps lesser) CIA leak scandal. And that is Ms. Miller's revelation that she was granted a DoD security clearance while embedded with the WMD search team in Iraq in 2003.

This is as close as one can get to government licensing of journalists and the New York Times (if it knew) should never have allowed her to become so compromised. It is all the more puzzling that a reporter who as a matter of principle would sacrifice 85 days of her freedom to protect a source would so willingly agree to be officially muzzled and thereby deny potentially valuable information to the readers whose right to be informed she claims to value so highly.In my opinion, Miller also violated her duty to report the truth by accepting a binding obligation to withhold key facts the government deems secret, even when that information might contradict the reportable "facts." via Atrios.

10.16.2005 "WHIG vs. The CIA: My Money Is On The Company, Part II" ReddHedd at Firedoglake

10.16.2005 Frank Rich:

... Now, as always, what matters most in this case is not whether Mr. Rove and Lewis Libby engaged in a petty conspiracy to seek revenge on a whistle-blower, Joseph Wilson, by unmasking his wife, Valerie, a covert C.I.A. officer. What makes Patrick Fitzgerald's investigation compelling, whatever its outcome, is its illumination of a conspiracy that was not at all petty: the one that took us on false premises into a reckless and wasteful war in Iraq. That conspiracy was instigated by Mr. Rove's boss, George W. Bush, and Mr. Libby's boss, Dick Cheney.
...
Mr. Wilson was an American diplomat; he had reported his findings in Niger to our own government. He was a dagger aimed at the heart of WHIG and its disinformation campaign. Exactly who tried to silence him and how is what Mr. Fitzgerald presumably will tell us.
...
"Bush's Brain" is the title of James Moore and Wayne Slater's definitive account of Mr. Rove's political career. But Mr. Rove is less his boss's brain than another alliterative organ (or organs), that which provides testosterone. As we learn in "Bush's Brain," bad things (usually character assassination) often happen to Bush foes, whether Ann Richards or John McCain. On such occasions, Mr. Bush stays compassionately above the fray while the ruthless Mr. Rove operates below the radar, always separated by "a layer of operatives" from any ill behavior that might implicate him. "There is no crime, just a victim," Mr. Moore and Mr. Slater write of this repeated pattern.
...
Whether or not Mr. Fitzgerald uncovers an indictable crime, there is once again a victim, but that victim is not Mr. or Mrs. Wilson; it's the nation. It is surely a joke of history that even as the White House sells this weekend's constitutional referendum as yet another "victory" for democracy in Iraq, we still don't know the whole story of how our own democracy was hijacked on the way to war.
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Minimum Daily Requirement
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Guantanamo ... Social Security ... Wilson/Plame Timeline ... Judicial Nominations

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Investigations
Senate Judiciary Committee
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Documents
Alphabet Soup

The Project for the New American Century's Statement of Principles, and its pre-2000 writings about Iraq.

The U.S. Constitution
See also

Civil Disobedience, by Henry David Thoreau

Kos: Katrina Timeline

The Agee Law: Section 421. Protection of identities of certain United States undercover intelligence officers, agents, informants, and sources

US Code, Section 793 Espionage and Censorship

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