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What's the White House Doing to Prosecutors?

During a floor speech on the topic moments ago, Sen. Dianne Feinstein (D-CA) said the White House has told her it was replacing from five to 10 Senate-confirmed U.S. attorneys with its own interim appointees.

We know of seven who have left during the last couple of months, many under unusual circumstances. Here is our list:

San Francisco - 1/16/07 - Kevin V. Ryan - unclear

Nevada - 1/15/07 - Daniel Bogden - pushed out

San Diego - 1/12/07 - Carole Lam - pushed out

New Mexico - 12/19/06 - David Igleslias - pushed out

Arizona - 12/19/06 - Paul K. Charlton - unclear

Seattle - 12/15/06 - John McKay - unclear; likely pushed out

Little Rock (Ark.) - 12/15/06 - Bud Cummins - pushed out

Feinstein said she also knew of seven, and listed those above. Curiously, she mentioned an eigthth -- from Texas. We haven't been able to identify that one.

There is an eighth recently-departed U.S. attorney we know of, which some readers have noted: Debra Wong Yang, the former U.S. Attorney in Los Angeles, Calif. Yang was overseeing the investigation into Rep. Jerry Lewis (R-CA). She announced her resignation in October 2006, but to date there hasn't been evidence that her departure was forced.


438 Comments

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Now what could all those "resignations" possibly be about?

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Whatever they are doing this for would have to be nationwide and relatively short term.

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If it takes a U.S. Attorney a while to get up and running, might he not be ready to do some heavy lifting next year -- during the campaign? That's unless the attorney is an oppo research expert like the guy in Arkansas. E.J. Dionne just wrote about Mike Huckabee in Arkansas, and he sound squeaky clean. He is, isn't he?

Still, having investigations of political rivals pop up at opportune moments is a classic Roveian tactic.

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One plausible explanation is that these new US Attorneys could choose to decline/prosecute some key cases in the pipeline right now -- from the myriad state cases against illegal eavesdropping, to the various Bush and Republican crony crimes to Constitutional cases like the "Denver Three."

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Short term would be enough - they're muching up the works so they can run the clock out to the last minute pardons. Pardons now would be really politically problematic (though less so than trials and convictions). But, slow the process down, push the pardons until the 2008 elections, and presto-chango - get out of jail free cards all around for the administrations cronies. Also, as a demonstration of good faith it has the benefit of maybe preventing people from flipping. That's my guess.

Either that, or they were all secretly putting together an amicus brief for any future impeachment proceedings.

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See article in local free weekly about Kevin Ryan:
http://www.sfweekly.com/Issues/2006-10-04/news/feature.html

Had some allegations of bad management, appointed for political reasons. (by Bush earlier.)

But interim appointments should still be reviewed!

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What role, if any, could these prosecuters play in any impeachment proceedings? Evidance gathering perhaps? Review ofthe Articles of Impeachment? anyone know?

Is George preparing for domestic battle too?

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Another nail in the coffin of the U.S. of A. See W will need all the help he can get when he declares himself President for Life ( he can't trust anyone else to fight the War on Terror ).
He thinks his number will go up as soon as we are out of Iraq (when his Oil buddies get the consessions they want out of the "so called" Iraqi Government ) and into Iran.
Another "I" country and more Oil for Friends of Bush...

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Has any enterprising journalist ever contacted these folks and asked them if they wanted to get together and comiserate?

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All of these, except Arkansas, are in the Ninth Circuit.

Arkansas is in the Eighth. Also, probably no connection at all, but Thomas Heffelfinger, US Attorney for Minnesota resigned last year in Feb or March.

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They're going to help as republicans bust their but to minimize their ethical shortcomings and maximize democratic shortfalls.

Should be somebody leaving in Colorado, soon

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Eric: New Mexico is actually in the 10th Circuit.

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They are leaving in 08, arent they?

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"Eric: New Mexico is actually in the 10th Circuit.

Posted by: Steve"

Oops. The tenth, huh? I better go hire local counsel right away! ;)

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Do you think the oppo research in Arkansas will be on Huckabee or Hillary?

This is the kind of stuff that really makes my blood boil. Figures Rove's handprints are all over it. Why are the we still paying his salary? Kudos for Feinstein for calling attention to it.

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The only thing suspicious is that they didn't receive the Medal of Freedom.

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Wong Yang in LA wasn't forced out. She and her underling Fuchs cashed in to a white shoe firm after bringing in a big corporate prosecution. They were all about serving the people -- right up to the moment they could make the bucks.

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Let me guess: Nevada, Arizona and New Mexico are somehow related to Lubrigate at the Department of the Interior, San Diego was all about Cunningham and Arkansas is gearing up to do more crotch shots of Hilary Clinton. (I think she's the cleanest candidate to date. God knows, we've examined every milimeter of her life and have found nothing but what's a campaign season without a made up scandal? Maybe she overbilled a client once and didn't correct it right away. Maybe she didn't have Chelsea in her carseat properly. Maybe she tried to talk her way out of a speeding ticket. Who knows what evil lurks in the heart of HRC. And if they can't find anything, they'll just make shit up. Is Susan McDougall still living in Arkansas? Yeah, let's throw her back in jail for awhile.)
What's up in Seattle and San Francisco? Is there a Boeing scandal coming up? Too many lattes?

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A co-worker is leaving to become an AUSA in Wyoming. Don't know if he's replacing someone or what, but the position did become available a bit suddenly.

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Tennessee: James Vines replaced by interim US Atty
Craig Morford in November

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McKay in Seattle resigned because he wanted a federal judgeship but Bush declined to nominate him.

http://archives.seattletimes.nwsource.com/cgi-bin/texis.cgi/web/vortex/display?slug=mckay16m&date=20061216&query=mckay+attorney

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Something goofy happened here in Minnesota, as well. Thomas Heffelfinger resigned in February. An interim US Attorney was named by Justice.

Then, nobody bothered to get the Senate approval scheduled for a vote. Not even the candidate, one Rachel K. Paulose, really seemed interested in it. She didn't even do the customary meeting with the US Senators from Minnesota. Finally, right at the end, with the nomination close to expiring, Sen. Norm Coleman got it up for a vote, which was unanimous.

http://coleman.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=1176&Month=12&Year=2006

Anyway, it was peculiar how this all happened. Why did Ms. Paulose not really seem to care about pushing her nomination along? It was as if she thought that she didn't need Senate approval. Looking at this new law, maybe she didn't.

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Sen. Feinstein and Rep. Pelosi should promptly reveal who put that section into the Patriot Act renewal legislation and then repeal it. Democrats should then be prepared for a veto, and make accurate claims about Mr. Bush's further abuse of power. This is not just about the unprecedented politicization of the chief litigator of federal crimes. The USA is also the chief proponent for protecting federal civil rights. Mr. CheneyBush has not simply declared open warfare on the Democrats in the run-up to Election '08. He hopes to protect the Legacy at the expense of pretty much everyone.

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They need friendly AGs to defend all those habeus corpus appeals once they start filling up all those Halliburton-built internment camps.

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dictatorship

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Charlton in AZ says he's resigning after long service to return to private practice. This is quite possible - he's been doing the job since his predecessor, the Democrat Janet Napolitano became governor.

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Why isn't this indictable behavior? Isn't this just a more under the table version of the Friday Night Massacre?

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this should be added to The List:

http://www.tpmmuckraker.com/archives/002175.php

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JC, unless there's something weird going on, it's not "indictable behavior" because U.S. Attorneys are executive branch officers and presidential nominees/appointees. 28 U.S.C. section 541(c): "Each United States attorney is subject to removal by the President."

Also, I think you mean "Saturday Night Massacre".

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anon,

Yes, Saturday Night Massacre - thanks.

what do you think of this behavior then?

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Bud Cummins was investigating the Blunt administration in Missouri.

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hmm...why fire prosecutors? my guesses would be:

San Francisco = Pelosi muckraker
Nevada = Harry Reid muckraker
San Diego = Cunningham scandal ringer
New Mexico = in case Bill Richardson becomes a threat?
Arizona = "still kinda iffy on him"
Little Rock (Ark.) = Hillary muckraker

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They're getting rid of the US Attorneys they don't trust to enforce the provisions of the Patriot Act II that will be introduced after the Iranian retaliation for our bombing campaign. Maybe they'll call Patriot II the Enabling Act, just for historical continuity. They'll be beyond criticism at that point.

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JC:

Unusual that there seem to be so many at once;

it warrants attention if USAs overseeing politically sensitive investigations are forced out; the actual cases will generally be run by assistant US attorneys, therefore the question is what happens to the case under the new boss?

In that regard, it warrants special attention if USA candidates with strong political affiliations (e.g. Arkansas) are placed in their positions via interim appointments w/o Senate confirmation.

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> This has been the word on the street in Arizona for some time, and it makes sense. Charlton is a career prosecutor who will lose his position at the end of the Bush Administration. If I were in his shoes I'd be looking for my next job too. The word is that his successor -- not interim -- will be Diane Humetewa, a relatively long-tenured AUSA whose political ties are to McCain.

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Something happened to what I just posted. I was referring to the previous post about Paul Charlton.

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Just to clean up some misconceptions about Kevin Ryan, I spoke to a federal district court judge about the US Attorney's and he said that Ryan, a former superior court judge, was actually cleaning up the San Francisco office with what he heard was very good management.

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As a criminal defense lawyer I can tell you that Ryan has been a disaster leading the U.S. Attorney's Office in San Francisco. He had no respect inside or outside the office. The only wonder is that he was not replaced a long time ago.

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It's a Nixonian "Saturday Night Massacre." Fire the prosecutors, then replace them with people loyal to the regime.

Looks like it's working, too.

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Don't forget that the US Atty in Colorado was recently replaced by Troy Eid, formerly of the Greenburg Traurig office there.

David Igelsias in NM was replaced because he failed to win a decisive victory in the corruption case involving the former state treasurer, a Hispanic Democrat, and I beleive the feds have perhaps one or two more such cases in the pipeline. Both of the two leading candidates are white males, which makes AZ look progressive in comparison. You can almost hear the powers that be here saying "we had a minority, but he didn't work out."

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Iglesias (NM) is considered to be a rising R star. He failed to win convictions in a high profile scandal here--twice. This was perceived to have hurt Congressperson Wilson in the tight '06 race (a conviction would have been embarrassing/destructive for opponent Patricia Madrid). Other than that, no clear reason why he was run into the ditch.

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I hope this shows up on network news. Very creepy.

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It is Saturday night massacre but on even larger broader scale. Coverup of criminal behavior = impeachment. This really should be added to impeachment.

Clearly goal is to cover-up of widespread Republican and corporate friends criminal behavior. And to intimidate future investigations prior to 2008 elections.

Timed to be hidden in news over Iraq and surge.

Timed to be far away from next election.

Is there any honest Republicans left who are actually opposing this?

Does this mean that attempts to restart cases later, let's say after 2008 and Demoractic President, will be tainted or thrown for double jeopardy, or otherwise unrecoverable?

Impeach Attorney General? Prez? Both?

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Is any prosecutor in the New York City area going or gone?

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Do you suppose that all these "resignations" serve to put pressure on one Patrick Fitzgerald?

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what does a regular person do to help fight this nonsense. How can I help stop this.

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Not defending bush, but...

Christopher Ruddy
Friday, Jan. 19, 2001

We should not forget that Bill Clinton’s first act as president was to fire all the U.S attorneys across the U.S. – an unprecedented act by an American president.

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The last Patriot Act passed had a little known law in it. This new law allows for the President to appoint new US attorneys for an INDEFINTIE period (used to be limited to 120 days) before any confirmation hearings are held to OK them. He is now forcing out US attorneys who might uphold the rule of law with cronies who will go easy on the criminals soon to be indicted (most of us hope) from his administration. Just another blatant shredding of the constitution. Have you also heard about the attack on grassroots organizations; anyone reaching 500 people or more over the web as in BLOGGERS will have to file a report as a lobbyist and could be jailed if not, while big lobbyist orgs. will be free to continue buying politicians and won't have to report about it.
Watch out also for the new hat crime bill, another bill to curtail first amendment rights. ( I could get jailed for calling 'neoconservatives' 'Zionists')

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You people are a really funny read. I haven't laughed so hard in a while. Go get some professional help.

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If Bush isn't the antichrist then the puppet handlers of this moron have to be. It is alarming to watch centuries of values, laws and our constitution simply being extinguished by this criminal. Our complicit media and complacent populous is directly responsible for this ongoing destruction of America. Bush's actions are indistinguishable from Hitler's in the thirties. German's also wanted to look the other way while the country was led by this despot. Bush is an even greater danger, with nukes under his control, our and other countries stand to be wiped of the face of the earth. Is this worth not standing up to Bush and having him impeached for any number of his criminal acts?

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Dear Concerned Folk,
This is a time filled with deception and fear! If we do not do what is correct, then we have only ourselves to blame. I find the actions of the US Government reprehensible and morally wrong if not illegal. Please remember that Hitler and his ilk worked within the confines of the law when planning and carrying out the final solution. We must stand against this evil. Meet me in DC on the 27th of this month to speak TRUTH to POWER! Stand up, speak out, and do the next right thing!

Best Regards
Ron

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jonny1

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When can we get interviews and explanations?
Why isn't this in all the news?

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Maybe it's just politics. You play ball with me, or I'll take the bat and hit you over the head. If that is the case, is there room for any anti-political U. S. Attorneys? Maybe, all new U. S. Attornets are taking an oath !!!!

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This demonstrates the double-standard like nothing else! The first act of Bill Clinton when he took office, was to fire ALL 93 U.S. attorneys...and got not a peep of condemnation for it. "Truth to Power"?!?! You libbies wouldn't know truth if it bit your tits off!

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I can't believe the libs are still using the Hitler v Bush comparision. Come people! Grow up! You sound like a bunch of junior high school, semi-literate MTV goof offs! What crimes has Bush committed? If he has committed crimes, then by god start prosecuting him! If you can't find anything to prosecute, then do us all a favor and be quiet.

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Are we still on this page?

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Clinton assumed that ALL US Attornies were dispicables and FIRED ALL, knowing that NO sorry liberals remained.
Bush knew that some US Attornies,having been appointed during Clinton were dispicables but not over 99%...kind of a "Pillar of Salt" thing. Democrats ruthless...Republicans merciful...and getting spoonfuls of Shiite for being decent.

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Bush should pardon whoever he wishes and then he should tell the critics to suck wind. Clinton pardoned over 140 people when he left office, many for dealing in illegal drugs, he even pardoned his own half brother (not on drug issues). I guess it only makes sense in Clintons case he had to clear the drug dealers, how else could he keep his suppliers in the clear?

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Dear Congress:

Although I am glad to see you rushing in to protect our wrongly fired U.S. Attorneys, I must ask you - WHERE HAVE YOU BEEN? The very same political network, “good old boy clique,” that fired these attorneys, has been around for years attacking other federal government employees who dare to speak out against wrongdoing. Yet you, dear Congress, have done nothing to protect these brave souls who dare become National Security Whistleblowers.

Currently there is no real whistleblower protection for government employees on the front line of our national security (Border Patrol Agents, Customs Agents, Transportation Security Agents, etc.). Many of these government employees have endured wrongful firings, harassment, threats, and other retaliation on an enormous scale for simply doing the right thing. They have witnessed extreme instances of waste, fraud, abuse and corruption that they are required by law to report. For many of them, what they have witnessed are criminal acts by their mid-level and sometimes very high-level managers. If they don’t report these abuses, they the employees may be criminally charged with a felony (Misprision of Felony). Yet when they do the right thing, the whistleblowers are most certain to be severely retaliated against by the people benefiting from the wrongdoing.

Moreover, this has been documented and presented to Congress repeatedly by numerous organizations like The Government Accountability Project (GAP), the Project On Government Oversite (POGO), and the Patrick Henry Center. All three of these organizations list scores of National Security Whistleblowers that have testified repeatedly before Congress in different forums (e.g. the 911 Commission; the Blue Ribbon Commission; Whistleblower Counsel). Yet the Whistleblower Protection Act that was authored and sponsored by Senators Akaka and Grassley, and has passed the Senate, sits idle for months now on the House floor.

As you rush to protect these more powerful federal government employees (U.S Attorneys) who are often hand picked by their home state Senators, remember, there are others who have suffered much more because they have risks much more via the national security issues that they have reported. I doubt that these U.S. Attorneys will have to file bankruptcy because they are being “blackballed” by corrupt government officials, in the same way that National Security Whistleblowers do. I doubt that these U.S. Attorneys will fear the threats and intimidation to themselves and their families; repeated frivolous internal affairs investigations; the passing over of earned promotions, and numerous other tools that government managers have at their disposal to discredit whistleblowers and SHUT THEM UP.

Yet you, Congress, point the “Political Finger” at the folks who have fired these U.S. Attorneys, while you sit and allow much worse behavior to continue for others. Maybe someone should wave that same “Political Finger” back at themselves. Why is it that the U.S. Attorneys have been given preferential treatment over other government employees who, quite frankly, have put their necks much more on the line for this country than the U.S. Attorneys?


Don’t get me wrong, I’m sure that the firing of these attorneys is political, morally wrong, and perhaps illegal - BUT SO WHAT! Why are you rushing to their aid over the dead bodies of National Security Whistleblowers who were also government employees - and I do mean literally dead bodies. Numerous whistleblowers have had their lives so destroyed by doing the right thing, that they have died of heart problems due to stress, and/or have committed suicide. The whistleblower cases that I have witnessed, including my own, are much more egregious and appalling than what has happened to the U.S. Attorneys. One may conclude that the answer to this question is that U.S. Attorneys are simply more powerful in their positions, and can be of more assistance to Congress in said positions - hence fostering the notion that this sudden interest for Congress to protect them is merely POLITICAL! Therefore, while you waive the “Political Finger” at this administration for firing these attorneys, please take a close look in the mirror at the other end of that very same finger - which is pointing straight back at you! I would encourage you to provide protection to ALL GOVERNMENT EMPLOYEES, not just the influential ones.

Sincerely,


Darlene Fitzgerald
National Security Whistleblower & proud of it
Author: “BorderGate, the story the government doesn’t want you to read”
www.BorderGate.net

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I'll get up tight about all this the day Chuck Schumer asks the Clinton's about the firing of 93 US Attorneys during their first months in office. Or how about the firing and subsequent personal DESTRUCTION of the members of the White House Travel office by Hillary herself? Who hired Craig Livingston - former bar bouncer becomes head of White House security?

23 associates of the Cintons died under quite mysterious and peculiar circumstances during the year after their move to the White House. FBI documents, Cattle Futures.

You can assert all you want about 'Bush and his oil cronies' but the evidence is not even at the level of circumstancial. Some of you anti-Bush folks are nuts. Taliban-like radical "kill or destroy all who disagree" crazy.

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I know that Clinton was not the best but I think the country was better off with him than it will ever be with Bush! This man continues to send our family members into a war we have no chance of winning just to say " I tried to teach these stupid people how to live" Well if you can't take care of your own (i.e.,Katrina victims) then don't go anywhere else telling people how to live. Bush and his cronies have been screwing up aned now he wants to get all holy? Please. Have a heart attack or something and just retire.