Friday, March 23, 2007

Josh Marshall on USA case

Full post here, but I've quoted most of it.

...Kinsley is still mulling over whether this is comparable to Bill Clinton's entirely normal dismissal of US Attorneys when he came into office. Would it be as big a deal if the Bush White House had fired all the US Attorneys at the start of the second term, as folks at the White House first seemed to have considered?

The firings were not the offense. They were the clue that suggested the offense. As the Congressional Research Service has shown, over the last twenty-five years only ten US Attorneys have been dismissed other than at the beginning of a new president's term of office. And of those eight were for clear cause. For instance, one of them bit a stripper on the arm in a night club. And that, not surprisingly, led to his ouster....

In any case, ten times over twenty five years and in eight of those cases for clear and publicly aired reasons.

And then on one day, secretly and with no explanation, seven get canned. And several are involved in corruption investigations targetting Republicans. The first public explanation is that they were fired for poor performance. But then it turns most were among the highest performing US Attorneys in the country. Add in the fact that one of the eight was overseeing one of the broadest ranging and historic public corruption cases in US history and ... well, it all got our attention.

Then, only a little digging revealed clear evidence that two of the US Attorneys were dismissed for not pursuing bogus claims of Democratic 'voter fraud'.

Now, Kinsley seems to have bought in to David Brooks artfully laddled line that some of the firings seem to have been for partisan political reasons (bad) while others were for policy political reasons (not necessarily bad). But with all due respect, like history repeating itself, it only looks that way to those who don't know the details....

With Carol Lam, looking closely even at the emails the White House has allowed the Justice Department to release and it's clear that most of the Justice Department's dealings with Lam were coordinating with her on defending the policies she was pursuing against outside criticism. Given that this is being proferred as the after-the-fact excuse for her firing it is surpassingly curious that there appears not to be a single email showing anybody at the Justice Department or the White House asking her to change anything she was doing. The emails that show DOJ and White House officials brainstorming after the fact to come up with reasons for why they fired different prosecutors.

It's not that Lam was fired for not following administration policies on immigration. It's simply the one instance where the Attorney General and the White House are trying hardest to make that case. And it's just not convincing.

There are many people in this conversation trying to avoid the issues, confuse the issues or just ignore them. And more than a few people are just plain confused. But it's not that complicated. Administration officials have repeatedly and demonstrably lied about the firings. And there is now abundant evidence of a pattern of using the president's power to hire and fire US Attorneys to stymie public corruption investigations of Republicans and use the Justice Department to harass Democrats by mounting investigations of demonstrably bogus 'voter fraud' claims. It's really that simple.

7 comments:

Gonzo said...

Utter bullshit. Where's the crime? Answer that simple question.

SeattleSusieQ said...

excerpted from: It Wasn’t Just a Bad Idea. It May Have Been Against the Law (some bolded or italicized text is mine)

By ADAM COHEN
Published: March 19, 2007
http://www.nytimes.com/2007/03/19/opinion/19mon4.html

1. Firing the Attorneys. United States attorneys can be fired whenever a president wants, but not, as § 1512 (c) puts it, to corruptly obstruct, influence, or impede an official proceeding.

In the case of Carol Lam, United States attorney in San Diego. The day the news broke that Ms. Lam, who had already put one Republican congressman in jail, was investigating a second one, Mr. Sampson wrote an e-mail message referring to the “real problem we have right now with Carol Lam.” He said it made him think that it was time to start looking for a replacement. Congress has also started investigating the removal of Fred Black, the United States attorney in Guam, who was replaced when he began investigating the Republican lobbyist Jack Abramoff. Anyone involved in firing a United States attorney to obstruct or influence an official proceeding could have broken the law. (This one, to me, is the most egregious)

2. Misrepresentations to Congress. The relevant provision, 18 U.S.C. § 1505, is very broad. It is illegal to lie to Congress, and also to “impede” it in getting information. Deputy Attorney General Paul McNulty indicated to Congress that the White House’s involvement in firing the United States attorneys was minimal, something that Justice Department e-mail messages suggest to be untrue.

Attorney General Alberto Gonzales made his own dubious assertion to Congress: “I would never, ever make a change in a United States attorney position for political reasons.” And now we have proof he was directly involved!

3. Calling the Prosecutors. As part of the Sarbanes-Oxley reforms, Congress passed an extremely broad obstruction of justice provision, 18 U.S.C. § 1512 (c), which applies to anyone who corruptly “obstructs, influences, or impedes any official proceeding, or attempts to do so,” including U.S. attorney investigations.

David Iglesias, the New Mexico United States attorney, says Senator Pete Domenici, Republican of New Mexico, called him and asked whether he intended to bring indictments in a corruption case against Democrats before last November’s election. Mr. Iglesias said he “felt pressured” by the call. If members of Congress try to get a United States attorney to indict people he wasn’t certain he wanted to indict, or try to affect the timing of an indictment, they may be violating the law.

4. Witness Tampering. 18 U.S.C. § 1512 (b) makes it illegal to intimidate Congressional witnesses. Michael Elston, Mr. McNulty’s chief of staff, contacted one of the fired attorneys, H. E. Cummins, and suggested, according to Mr. Cummins, that if he kept speaking out, there would be retaliation. Mr. Cummins took the call as a threat, and sent an e-mail message to other fired prosecutors warning them of it. Several of them told Congress that if Mr. Elston had placed a similar call to one of their witnesses in a criminal case, they would have opened an investigation of it.

from: It Wasn’t Just a Bad Idea. It May Have Been Against the Law.
By ADAM COHEN
Published: March 19, 2007
http://www.nytimes.com/2007/03/19/opinion/19mon4.html

Garrett said...

Thanks, SusieQ. Ok, John, can you shut the fuck up about "Where's the crime" now?

Gonzo said...

Nope. Nothing to shut me up yet. They're still trying to manufacture a crime.

BTW, I love the whole thing about "demonstrably false" voter fraud. If you bothered to look at SoundPolitics 3 year investigation evidence you'd see Democratic voter fraud aplenty.

Garrett said...

The Republicans took that case to the most conservative judge they could find, and they _still_ got slapped down hard. The loyal Republican US Attorney couldn't find anything to prosecute. What makes you so sure Sharkbait's information is better?

And it's funny how you take his information as gold, but Josh Marshall's as bullshit. My previous comment stands.

Gonzo said...

Soundpolitics has significant amounts of documentary evidence.

As to why it was never prosecuted...I dunno.

Garrett said...

Personally, I'm leaning toward "it's not really evidence" -- like when they claimed that felons had voted for Gregoire, and the only one they could dig up testified that he had voted for whats-his-face.