Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Tuesday, March 27, 2007

Free Shaquanda Cotton

Ah, justice in "post-rascist" America.

Justin Gardner has the full story (and links) over at The Moderate Voice.

And Mother's been on this story for a while.

And while we're at it, I've a suggestion for a sequel to What's the Matter with Kansas?: What the heck's with Texas?

Monday, March 26, 2007

Our Republican Monica takes the fifth

You've seen this scene before.

A beefy, olive complexioned man in a shark-skin suit, with a nick name that sounds like Vinny the Weasel, sweats beneath the steely gaze of his intrepid Senatorial interlocutor.

Senator: Mr. the Weasel, these documents (waves thick sheaf of papers) show that you were involved in a conspiracy to see that one Jimmy the Rat, would soon be sleeping with the fishes. Do you deny this charge?

Vinny the Weasel (after leaning over and holding an intense, though inaudible conversation with the attorney at his side): My lawyer tells me I gotta take the fifth.

The hearing room errupts in pandemonium.

(Cut to)

Vinny the Weasal in chains and oddly stripped jumpsuit being led to the hoosegow.

(Fade to black. Roll end credits)


Well, for today's edition of the Saga of the Gonzales 8 (will someone please establish a "gate" name for this fiasco so I know what to call it?), the part of Vinny the Weasel will be played by DoJ White House liason Monica M. Goodling.

Oh god, not another Monica.

Happily, for the moral fiber of this nation, this Monica has never given any president a blowjob (as far as we know).

What we do know is this. That this senior counselor to Attorney General Alberto Gonzales, after taking an indefinite and unspecified leave of absence form her job at Justice last week, was this week called to testifiy before the Senate regarding her role in Purgegate (c'mon folks, let's settle on that nickname and soon).

And this afternoon we now find out that our Republican Monica (shouldn't EVERY party have its own Monica?) will, rather than testify, be instead taking the fifth.

Finer legal minds than mine will have to analyze the implications of her move. Certainly I have a hard time blaming her for not wanting to become a scapegoat for this corrupt and incompetent administration. But this is exremely bad news for the Bushies (hey, I wonder if they have a softball team? I can suggest a name). It just doesn't look good.

I'm especially looking forward to hearing wingnut spin doctors explain the finer points of Ohio v. Reiner and how, just because Monica is invoking her right against self-incrimination, it doesn't mean she's done anything incriminating.

That ought to go over well with the American public.

Unless they've seen the movie.

Some random reactions around the 'sphere:

The commenters at TPM Muckraker are, um skeptical.

One of Andrew Sullivan's readers think she should be offered immunity so she can testify (I agree, Ms. Goodling's a small fish in this scummy pond).

Over at Daily Kos mcjoan notes that Republican's aren't always big supporters of the Fifth Amendment, at least when (surprise, surprise, surprise) it applies to Clintons.

Sunday, March 25, 2007

Newsflash: BushCorp™ politicizes DoJ

But don't expect film at 11.

Though it strikes me as patently obvious that an administration that would let ideology guide us into the occupation of Iraq wouldn't hesitate to politicize the hypothetically apolitical Department of Justice, it appears the MSM is just catching on.

Triggered by the recent revelations of the politcal nature, perhaps criminally so, of the firings of the Gonzales 8, others are coming forward to a media that is shocked, shocked I tell you, that BushCorp™ has politicized the DoJ.

As the LA Times headline says:

Justice Department tugged to the right: Under Bush, the department has been tainted by politics, many say.


WASHINGTON — Not long after President Bush was first sworn in, White House political guru Karl Rove and his lieutenants met with officials of nearly every Cabinet agency to brief top officials on the latest polling data and issues that could influence voters and key constituencies.

But the departments of Justice, Defense and State were exempt. Given their missions — to administer federal laws, protect national security and conduct foreign policy — it was considered inappropriate to make such partisan presentations to them.

That sentiment didn't last long.

But while BushCorp™'s ever dwindling corp of defenders may claim that administrations always set political goals for their attorneys, that is a far cry from interfering in particular cases, which interference is unethical, and can be illegal.

Nonetheless, the critics tied their allegations to those described by two of the fired U.S. attorneys. David C. Iglesias of Albuquerque, N.M., and John McKay of Seattle have said they felt pressure from Republican officials to prosecute alleged voter fraud in their states.

Both said their offices reviewed the cases and concluded the evidence did not warrant prosecution.

[snip]

Rich, a 37-year department veteran, said a partisan litmus test in hiring and decision-making has undermined a tradition of nonpartisan professionalism in the division.

"Unfortunately, since this administration took office, that professionalism and nonpartisan commitment to the historic mission of the division has been replaced by unprecedented political decision-making," he told the House Judiciary Committee's subcommittee on the Constitution, civil rights and civil liberties on Thursday.

[Recently retired head of the DoJ's Civil Rights Division, Joseph D.] Rich's views were backed by other department veterans who had left the department in recent years. Many, like Rich, have joined civil rights organizations, such as the Lawyers Committee for Civil Rights Under Law, where Rich now works.

"The U.S. attorneys' firing confirmed my view that at the highest levels of DOJ it was decided that politics would play a role in how decisions were made," said Mark Posner, a former civil rights division attorney who contributed to a book-length report released by a civil rights group in Washington last week called "The Erosion of Rights: Declining Civil Rights Enforcement Under the Bush Administration."

The Civil Rights Division veterans focused their criticism on major voting case decisions over the last six years that they say have generally benefited the GOP.

The most recent case concerned a 2005 Georgia law that required voters to provide photo identification. Staff attorneys raised concerns about the law after the Georgia secretary of state supplied data showing that tens of thousands of voters might not have driver's licenses or other prescribed forms of identification. They said the plan could effectively disenfranchise large numbers of black voters.

The staff objections were ignored, department veterans said, and the Georgia ID rule was approved by the Justice Department 24 hours after the staff report was filed.

Again, none of this is shocking stuff, in the sense that such is obviously SOP for our Bushie government.

And I'm currently torn between which I find more shocking, that the MSM never seemed to notice, or that it's finally noticing now.

Thursday, March 22, 2007

Drip, drip, drip

Countdown with Keith Olbermann has become for many as much "Must See" TV as Heroes or Lost, though the plot twists, given the predictable disingenuousness of the Bush administration, are never quite as shocking (is it me or is Locke REALLY going over the edge?).

Anyway, last night's Countdown featured an interview with Senator Charles Schumer, who serves on the Senate Judiciary Committee, discussing Bush's refusal to let his aides testify under oath regarding the Gonzales 8 investigation.

One quote from Senator Schumer struck me as particularly interesting, as a veiled threat, as well as an invitation for DoJ people to step forward:

There are enough disgruntled people in the Justice Department in particular - because they really resented what happened here - that the information is going to come out. It can either come out 'drip, drip, drip' or it'll come out all at once, we'll get to the bottom of it in a complete way and move one (sic). It would be much better for the White House, as well as the Justice Department and the country, if they let it all come out at once. [Emphasis mine-CK]


Now we see that, as I noted in an earlier post, this is exactly what is happening.

And I strongly suspect, as does Senator Schumer, that Sharon Y. Eubanks is the only government attorney who knows that her position as an officer of the court (which lawyers are) was compromised by political directives from on high.

How high?

That's really the question isn't it?

The Law

With the politicization of the Justice Department now an open secret it's no surprise that other government lawyers are coming forward.

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

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

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

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


Despite CW antipathy towards the legal profession, the people that I met in law school were uniformly sincere individuals whose dedication to the rule of law was unquestionable.

For what is "rule of law" but the recognition that authority is better placed in the accumulated wisdom of a people, "the law", than in the fleeting self-interest of any individual. Even if that individual has been chosen President of the United States.

Saturday, March 17, 2007

Criminal behavior

Dear reader, you may be forgiven for wondering about the brouhaha revolving aroung the firing a a few United States Attorneys. What's the big deal? These people serve (as has oft been repeated in the last few days) at the pleasure of the president. He can fire them whenever he wants. Nothing criminal here.

But if it's truly the non-story that GOPers and their mouthpieces at Fox Noise say it is, what are we to make of the Whitehouse's confused attempts to explain away their behavior?

Just to bring you up to date on the Whitehouse's evolving lies account of the firings of the Gonzales 8 (in chronological order):

  1. Just a routine personnel matter, nothing to see here.
  2. The firings were because the selected attorneys were incompetent, and you know how big we are on competence.
  3. Maybe the firings were political, but we can do that, 'cos y'know Clinton did it, so it must be ok.
  4. The firings weren''t political, and even if they were AG Gonzales didn't know about it, it's Kyle Sampson's (Gonzales' chief of staff) fault.
  5. It's Harriet Miers' fault. Karl Rove was just trying to reign in the politicization of the DoJ.
  6. It's not Harriet's fault, we don't remember whose fault it is, but we're sure it's not the President's.
If you're confused I don't blame you. But what do you expect from this Whitehouse, truth?

(If you'll pardon the webese: ROFLMAO!!!!!!)

Ahem.

For a clear view of what's really going on I'd suggest my own brief analysis.

And for extensive coverage you can't do better than the guy who's been pounding this story so hard even the MSM and Congress sat up and took notice, the blogosphere's own Josh Marshall.

At the moment though I'd like to look at a brief passage buried in today's Washington Post article on the latest iteration of the WH's version of events.

Many of the documents released over the past week were sent or received by Sampson, whose resignation, Gonzales and other Justice officials said, was prompted by his failure to tell others in the department about his contacts with the White House, leading to testimony by McNulty and others that may have been misleading.

Sampson disputed that version of events in his statement last night, saying he "felt he had let the attorney general down in failing to . . . organize a more effective political response to the unfounded accusations of impropriety in the replacement process."

Sampson's statement also suggested that his contacts with the White House were well known within Justice. If the contacts were not brought to the attention of McNulty and others, the statement said, it was "because no one focused on it or deemed it important at the time." [Emphasis mine-CK)

Though clearly intended to back up his "we didn't do anything wrong" defense, Sampson's intentionally self-serving statement holds, for me, a glimmer of the truth.

Remember, this was back in 2005. Bush had just received the "mandate" of an actual electoral victory (as opposed to his appointment by the Supreme Court in 2000) and the Bushies were riding high. Time to clean house.

And what better place to start than with some US attorneys who either hadn't shown proper enthusiasm for prosecuting Democrats or even (gasp, the horror, the horror) had had the temerity to prosecute Republicans.

I'm suggesting that to a Whitehouse where policy IS politics, politicizing the prosecution of the law of the land was no big deal. Business as usual.

So while, to you or I, subverting the criminal justice system might seem an attack on this country's fundamental principal of the rule of law, to those serving King George it was standard operating procedure.

And that's the real crime.

Friday, March 16, 2007

Things that make you go hmmm

Washington is all abuzz about whether US Attorney General Alberto Gonzales will have a job a few weeks from now (Google news search here). And while I suppose that office pools on his departure date are as rife as those for the NCAA playoffs, Gonzales' continued employment is a mere distraction from the real point of this situation.

The question is not whether Gonzales is an incompetent who lied to Congress and used his position as the nation's top law officer to further polish Bush's boots.

The question is whether the Whitehouse engaged in a concerted effort, a conspiracy if you will, to punish US Attorneys for not using their offices to further partisan Republican goals.

Pending congressional investigation (thanks be to the deity of your choice for a Democratic Congress) hard evidence is still lacking (though recently released emails from the DoJ are certainly suggestive) but a quick review of the circumstantial is suggestive.

We know that USA David Iglesias disappointed Republican Representative Heather Wilson and Senator Pete Dominici for his failure to file indictments against local New Mexico Democrats before the November, 2006 elections. Please note that indictments have yet to be filed, and may well never be, leading to the suspicion that Mr. Iglesias was only doing his job by not filing charges because there was no chargeable offense.

And failure to file charges just because no crime had been committed appear to account for U.S. Attorney David McKay's spot among the Gonzales 8. "There was no evidence, and I am not going to drag innocent people in front of a grand jury."

Obviously in need of the axe.

San Diego USA Carol Lam was merely the prosecuter behind the conviction of corrupt Republican Congressman Randy "Duke" Cunningham. 'Nuff said.

Now we learn that fired USA H.E. "Bud" Cummins was involved in an investigation involving the Missouri GOP:

In January 2006, he had begun looking into allegations that Missouri Gov. Matt Blunt had rewarded GOP supporters with lucrative contracts to run the state's driver's license offices. Cummins [USA-Arkansas - CK] handled the case because U.S. attorneys in Missouri had recused themselves over potential conflicts of interest.

But in June, Cummins said, he was told by the Justice Department that he would be fired at year's end to make room for Timothy Griffin — an operative tied to White House political guru Karl Rove.


GOP investigation? Them's hangin' words.

And as a further bonus Cummin's firing opened the door for the placement of Karl Rove protege Tim Griffinin the Arkansas Attorney General's office.

Let's see. Former Arkansas first lady Hillary Clinton is running for President. And the Bush Whitehouse is, according to those darn emails, was especially interested in placing a Rovian puppet in a position to launch any number of investigations in the Clinton's home state.

It's just another of those things that make you go hmmm.

Saturday, January 13, 2007

What's lower than a lawyer? A BushCorp™ lawyer.

Cully Simpson, deputy assistant secretary of defense (aka BushCorp™'s detainee overseer at Gitmo, transcription courtesy Washington Post):

"Actually you know I think the news story that you're really going to start seeing in the next couple of weeks is this: As a result of a FOIA [Freedom of Information Act] request through a major news organization, somebody asked, 'Who are the lawyers around this country representing detainees down there,' and you know what, it's shocking,"

"I think, quite honestly, when corporate CEOs see that those firms are representing the very terrorists who hit their bottom line back in 2001, those CEOs are going to make those law firms choose between representing terrorists or representing reputable firms, and I think that is going to have major play in the next few weeks. And we want to watch that play out." [Emphasis mine-CK]

Typical tactic from the Bush crime family: Nice little lawfirm ya got there. It'd be a shame if anything happened to it.

Imagine, American lawfirms upholding American legal principals by defending people who have NOT BEEN CONVICTED OF ANYTHING.

Shocking indeed.