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House Dems to Question DoJ Officials in Private

The House Judiciary Committee has worked out an agreement to have transcribed interviews with at least eight current and former employees of the Justice Department behind closed doors. The committee said that the deal followed a series of phone and written negotiations.

The first interview will be today with Michael Elston, Deputy Attorney General Paul McNulty's chief of staff. Following will be interviews with McNulty, Associate Deputy Attorney General David Margolis; the former director of the Executive Office for United States Attorneys Michael Battle; Monica Goodling, the DOJ's liaison to the White House (now on leave); acting Associate Attorney General William Mercer; and Assistant Attorney General William Moschella. Goodling, of course, has already said that she'd plead the Fifth. Congressional interviews are typically not under oath, but false statements are prosecutable (just ask David Safavian and Steven Griles).

Chairman John Conyers (D-MI) and the other leaders have agreed that "investigators would keep the content of the interviews confidential pending consultation with Department officials." It's not clear when or if such a release might come, or if the interviews will be followed by open hearings.


Comments (147)

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bad enough the cheney's of the world keep info under wraps!

now the dems are doing it too!

questions and answers under wraps.

the only advantage is that the witnesses won't know what others said.

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Will they be under oath?

security code word: story. Exactly what I'm concerned these officials will give.

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or will they "find out" from someone?

likely they will....

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So, our officials, who are paid by us, and work for us, will not testify in front of us. Why?

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This is a sad commentary on the house dems and Conyers.

Oh, and where is karl rove's name?

That's what I thought.

Why capitulate to caligua now?

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Well, these are small fish. It's probably worth skipping the C-Span show to get them on the record. It advances the investigation and accomplishes what needs to be accomplished. Seems good to me, keeps it moving.

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Oh well. Conyers caved. I hope Leahy doesn't folow suit. This is not a good move.

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There is little about this arangement I find commendable. Government leaders seem to forget that it's our government. If we are owed anything it is truth and transparency. It stinks and I'm angry about it.

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"...but false statements are prosecutable."

This is the only consolation I can take from this.

Where's Rove, Miers? I don't know about this.

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Will Rep. Conyers ask why Monica Goodling was prosecuting low-level criminal cases out of the USA's office in Alexandria in the fall of 2004?
I posted the details of some of her cases at the TPM Cafe. A passport fraud case took all of a month to end in a plea bargain.

I also posted a link to today's Washington Post story about Goodling. No surprise, Goodling graduated from Regent U. in 1999 and went to work for the GOP as an oppo researcher. Goodling probably worked for Tim Griffin.

The WP refers to Goolding's six-month stint at the USA's office in Alexandria but does not provide dates. I'm almost certain it was in the fall of 2004. McNulty would know why Goodling was prosecuting low-level criminal cases because he was the USA at the time.

Why would Goodling want to pad her resume with routine low-level criminal cases in the fall of 2004? Was she was in line for a USA position?

If Goodling was in line for a USA slot, the scheme to replace the USAs was in place before the fall of 2004 and replacements had already been selected.

I find it hard to believe that even Karl Rove would consider placing Goodling in a USA slot but someone has to ask why Goodling, a high-level DOJ official, was prosecuting those low-level criminal cases in the fall of 2004.

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Gotta say, I'm VERY disappointed in Conyers. I thought he was better than this. Not good, not good.

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Chairman John Conyers (D-MI) and the other leaders have agreed that "investigators would keep the content of the interviews confidential pending consultation with Department officials."

Anybody else read this as "we will keep them confidential for as long as we please"? If it gives a fig leaf for those testifying to avoid immediate retaliation by the White House, it sounds good to me. Then leak them, and refer them to a grand jury. When the hack USA in charge of DC does not convene a grand jury, push for independent prosecutor.

As long as move things along, you can push the legal and political agenda in a pincer movement.

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Very disappointing. In general, it is bad to cave when you know your opponent's hand and it sucks. I agree that there is no reason for our public servants who are paid with our dollars to testify in private. Nothing in a democracy should be private except security related issues. I see none here. BTW, are these the, "...if you have nothing to hide then you have nothing to fear guys?"

Let's hope Leahy has more spine than Conyers on this.

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Seriously, this sucks. Where do we live, in Soviet Russia or in the United States of America? It's becoming harder and harder to tell the difference.

Code word: kill fascists

(kidding)

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Still wondering why Karl was dancing his ass off the other night ?

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The point of the exercise is to get these people on record without taking the issue of executive priviledge before a Supreme Court that's been stacked with authoritarians. They already made the the guy president. They could very make him unaccountable.

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Fancy that!

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I don't see why Dems are caving here. No oaths??? No public hearings??? Is this because Conyers is beginning to feel this issue has no legs? Because if that's not the case, then he is not only doing the American public a disservice, but it wastes a huge opportunity to rally the base on the left.

The Sampson testimony yesterday showed us how weasel-y these political appointees are. The American public needs to continue to see this. Why? So they can feast their eyes on the types of junior execs our "CEO President" has been installing in key positions. It's time we really played up the incompetence of these folks and their underlying philosophy - "government isn't good for anything except getting my party the spoils. Screw public service. Screw the common man and woman. Government is about cementing Republican elites." Get that message out and we win big in 2008.

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http://www.freenewmexican.com/

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http://www.freenewmexican.com/

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I would hold off on making an assessment just now. This could be setting the stage for going after bigger fish. For now I am inclined to give Rep Conyers the benefit of the doubt. He is an experienced rep. But like my fellow posters I want this out in the open. Nothing like fresh air and kleig lights to get the truth.

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This is the only way that info is going to get out to reach critical mass. The House needs to gather more information and eventually they will have the goods on the big fish. I don't view this as caving at all.

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I'm guessing that since Kyle Sampson escaped unscathed, the others figure it's safe to jump into the water, especially since they'll be spared the pressure of testifying in public.

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Absent more details, I don't see that this is nearly as big a problem as everyone is making it out to be. Sure, it would be great if these people were trotted out on C-SPAN, but Monica Goodling is not the prize. If this moves the investigation forward, good.

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Acceptable only if this is the first of many encounters, and only so long as there are no limits on what Congress can do with the materials, including pursuing further investigations and publishing verbatim transcripts.

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Just because the witnesses aren't publicly testifying now, doesn't mean they never will.

In the event they do publicly testify, the questioners will have a huge advantage if they know in advance what the answers to the questions will be.

We won't know right away what they say in these interviews, but best of all, neither will Bush.

Put me down on the side of "Good move House Dems."

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This is bullshit.

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You may email the committee with your views here:

http://judiciary.house.gov/Contact.aspx

I don't ike it.

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Calm down folks, this is step one in the investigation: Get the underlings to talk on the record, but not publicly, so that you can get the goods on people higher up in the foodchain.

Conyers is after bigger fish than Monica Goodling or even McNulty.

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Conyers knows what he is doing. Give him some credit. Let the committee get more information quickly withou the circus atmosphere and Republican (and Democratic) posturing for cameras. When they have more information they'll have a better idea how to proceed against Gonzales and the President's office.

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This is BULLSHIT! Exactly what the Bush cabal wants. Why in hell are the Democrats such panty-wastes? We know we can't trust Bush Republicans. How do we know we can trust Democrats if behind-closed-door testimony is ACCEPTABLE to them. As I said, this is BULLSHIT! If Sampson had to do it, ALL those involved should have to do it. GOD, PLEASE SAVE AMERICA FROM LILLY LIVERED PUBLIC SERVANTS WHO HAVE NO REVERENCE FOR THE PEOPLE'S RIGHT TO KNOW. SECRECY IN GOVERNMENT BREEDS AND PERPETUATES DISHONESTY AND CORRUPTION. THIS IS NOT A NATIONAL SECURITY MATTER!

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Wrong. They do not have to go to court to get testamony from anyone at DOJ. That fight comes with executive privilage. There is no excuse to take this behind closed doors. Do you not think that one of the bootlicking toadies in Congress will tell Bush exactly what is said? C'mon. This just takes the spotlight OFF the testamony, allows much more spin, and denies the public the moment when they go... "Gee, that guys sure has forgotten a lot of stuff since last December." I'm in PR, and this is not the way to kee this is the newspaper and the public eye where it belongs.

Jan Hammer - I am a huge huge fan.

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Somewhat disappointing, because I love C-Span as much as the next guy, but it makes sense. The statements, if false, can be subject to prosecution. Transcripts will be kept. The C'tee has apparently made no binding agreement that they'll keep the material secret long-term. The really big fish are not subject to the compromise. And the Senate is not involved, so they can follow up in public if desired. And as bcf said, this gives the C'tee power to essentially depose the witnesses so they can be much more precise in a later, open, proceeding.

Let's face it folks -- Bush has no legal authority to keep these folks from testifying, but when has that stopped him before? This moves the investigation forward, does not bind the Congress's hands for the future, and does not run the risk that Bush will simply say no and then the courts will fail to enforce the subpoenas based on the political question doctrine.

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Cervantes,

You have it right. This advances the investigation and if it helps the crooks, it helps only the low-level crooks. This puts the ones at the top into the cross-hairs, and it does it in my lifetime.

We need to expose the crooks and criminals at the top, not spend a lot of time and engergy on sturm und drang (That's an old Texas phrase) that provides colorful excitement but leads nowhere.

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My primary concern, at this point, is that I will be deprived of the schadenfreudic fix I was counting on were these hearings to be public.

Still, however...I trust Conyers implicitly and I think it more important to get these guys on the record and to have seven transcripts than to be litigating the issue for the next two years.
This is all about garnering information and cross-checking stories. Laying a foundation, so to speak.

I note that lying to Congress is a felony...whether it's at a public hearing or a private one. Under oath or not. I see nothing in the story to suggest that hearings will not ultimately result from these initial "depositions."

And besides, there's always Waxman.

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"So, our officials, who are paid by us, and work for us, will not testify in front of us. Why?"

Because republicans under rove/gwb believe in small govt. So small no one can see anything they're doing.

I agree people should hold their fire and see what the dems do. So far, they are handling this well and are doing a decent job. It is not in dems interest to have this side-lined into a court battle over EP. Better to get as much evidence as possible now, one step at a time, and as the hearings unfold. They still have the option to force the public testimony of these witnesses should the WH or the witnesses play games. And the battle over EP can easily be re-invoked at any time.

I agree, though, that eventually, everything has to be made public, and any caving in by dems agreeing to keep stuff secret that is not otherwise classified cannot be tolerated. But at this point, my read is that the dems have the upper hand here and the WH is in retreat.

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"Behind closed doors", what good is that; "he said, she said, they said."

From what seemed to have been a good beginning, the dem's have now caved.

My code word to post here is "loss", and it certainly is a loss for the American people.

It's congressional business as usual.

You don't have to be a blind conservative not to see it, just an ignorant one to deny it.

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My strictly amateur take is to believe that Conyers is a smart enough guy that if he thinks he can get somewhere with this approach, I'm willing to wait and see. I mean, it's not like so far he's been weak on this.

Still, it is quite offensive that on a matter where there is no apparent need for secrecy except this claim of executive privilege - in particular no national security implications - a deal can be struck whereby Congress & the White House can know something but the public cannot. If executive privilege genuinely applies then they should not be able to talk to Congress at all; if it does not, they should be able to testify in public and under oath. Seems straightforward to me.

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"investigators would keep the content of the interviews confidential pending consultation with Department officials."

As I suggested on another site, this is the beginning of the prisoner's dilemma. You have 2 prisoners, question them seperately, and tell each that the other has confessed, but placed most of the blame on the other.

If the content of the interviews is "kept confidential", then no matter what Monica or the others say, publicly or privately, can be met with conyer's saying, "we said we'd keep that information confidential." Then Conyers calls for more hearings, and the people testifying have no idea what the comittee's hole card is.

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I'll try to keep my mind open to the perspective voiced by cervantes, bp and others here: that it's about getting the small fish on record. The fact that none of the big fish are named looks like the result of a "getting to yes" negotiation: focusing on the few things they can agree on and leaving the big deal-breaker stuff for a later round.

On the other hand it reeks so bad of the same feckless caving-in behavior they succumbed to with the 9/11 commission and whatnot that it's hard not to feel like they just can't kick the habit, even when they're holding all the cards.

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As long as there is a transcript, there can be a replay of my favorite "Yes, Minister" episode where the unreleased white paper is left on the restaurant table...

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If there's a transcript containing juicy tidbits, these interviews won't stay "confidential" for long.

Conyers' shop will leak just about as much as Ken Starr's.

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D.W.G. is exactly right. Many underlings were deposed before the GSA hearing in which Lurita Doan made a fool of herself.

http://www.youtube.com/watch?v=VePqzIrR-ao&mode=related&search=

Have no fears. There is plenty more to come out. Imagine where we will be in the next few months after all of this in just a few weeks.

Just sit back and enjoy the ride.

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I wonder why the Democrats allowed this. It stinks and it makes it seem the Dems caved in to the Repubs once again.

I'm disappointed in Conyers.

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After reading the thread, I have to say that I agree with Conyers on this one. It is always best to quietly depose the small fry first. Find out what they are willing to tell. Find out where the holes are in your case. Then when the matter gets to the jury of public opinion, the big fish are fried.

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This is completely unacceptable. Dems have the majority of the populace behind them, so why are they caving? Americans are disgusted with the continual secrets and lies. Ms. Goodling ESPECIALLY needs to either testify under oath, or GO TO JAIL!!!

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OT, in yesterday's hearing Samson admitted to prosecuting only one case in his whole career, a federal weapons case in South Florida (probably a slam dunk). This man wanted the Utah USA spot,and probably would have gotten it had they not had to pay back for Patriot Act shenanigans.

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All in all, more bricks in the wall. Please make it a very tight fit Rep. Conyer's with the mortar applied just right.

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NYT Editorial today: "It is no wonder that the White House is trying to stop Congress from questioning Mr. Rove, Harriet Miers, the former White House counsel, and other top officials in public, under oath and with a transcript. The more the administration tries to spin the prosecutor purge, the worse it looks."

Even the Times gets it. If Conyers traded away Rove and Miers in return for getting some underlings to go on record, albeit unsworn, behind closed doors, and that's it, then these guys really are the feckless bozos they looked like they were when they were in the minority.

I'm trying to stay hopeful but the pattern is a little too familiar for comfort.

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I believe this is a good thing. Proper sequestration of the witnesses should be the key.

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...the witnesses won't know what others said...

That's an assumption I wouldn't make. Remember this little incident:

http://www.boston.com/news/nation/articles/2004/01/22/infiltration_of_files_seen_as_extensive/

...Republican staff members of the US Senate Judiciary Commitee infiltrated opposition computer files for a year, monitoring secret strategy memos and periodically passing on copies to the media, Senate officials told The Globe...

And, as far as I know, Manuel Miranda still has a job.

Security code: snake, as in "Sen. Hatch hired Manuel Miranda, a snake, and Miranda hacked the Dems Judiciary Committee memos and passed them on to Robert Novak, another snake."

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What if the whole firing-of-eight-attorneys
was originally concocted just to get rid of Lam?

What if Rove, Miers, and Gonzales originally decreed seven other US Attorneys be placed on a list simply in order to give a plausible cover to Lam's dismissal? If a bundle of eight attorneys were replaced, with a "performance" rationale for so doing, Lam's dismissal would stick out less like a sore thumb.

In the course of compiling this "smokescreen list," Rove, Miers, and Gonzales detected other targets for dismissal for political reasons, and added their names.

What do you think? This may be the reason why Miers originally suggested dismissing all 93 Bush appointees in 2005, an idea simply too cUmbersome to implement as a cover for the outing of one bad apple.

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monica goodling may not be the "prize" - but she is being set up as part of the "future" of the repub cabal

she apparently worked day and night - and weekends on tiny prosecutions from time to time - and she either led a nunlike existence - going from yearbook type research to anti-dem research to liason of "just us" and "l'etat c'est moi"

or she's not a nun - but that is deep under wraps

but it's clear from the WaPo article and mrs. panstreppon's dogged sniffing - that the woman bears watching.... is she practically in a witness protection program? or did she learn from her "researching" endeavors how to bury info?

monica watch - we need it!

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"investigators would keep the content of the interviews confidential pending consultation with Department officials."

Well a lot depends on how they define "confidential". Does that include not having lunch with your counterpart at Senate Judiciary?

That's the nice thing about being able to investigate from both sides of the Capitol. You have all kinds of opportunity to play Good Cop/Bad Cop.

Conyers wasn't born yesterday.

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I would love to hear what these folks have to say when the possibility of perjury charges are hanging over their heads. I guess Karl and Harriett and George and Dick would, too.

Considering reports of all the finger-pointing going on over at DoJ, I doubt that anyone in the White House can trust any of the underlings at DoJ anymore.

So I'm not too unhappy that WH personnel will be left out of the loop on this round. I think they are having trouble deciding whether it's better for Karl and Harriett to have been in the decision making process on the removal of 8 USAs, or whether it would have been better for them to be out of it.

They've all been weaseling around so much, I think it's probably a good idea to take them one at a time, behind closed doors. Any parent with multiple children who comes home to a trashed house knows that.

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How does a guy like Sampson graduate from Law School and pass the Bar Exam with such a poor memory. I lost count of the "I don't remember"s at 75

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buck

"proper sequestration" of witnesses, you say, is the key

but where?

there's no possibility the whole capital has been bugged, is there?

no paranoia is enough here!

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I sure hope this is meant to be a crow bar intending to pry out information that can show the committee where to hunt next. The nightmare scenario comes in two flavors. Either the committee stops because off-record DoJ officials are freed to stonewall the inquiry or one or more Republicans on the committee will serve as a conduit of critical information back to the White House, warning Cheney & Rove of where the investigation might be heading next and who from DoJ might be ratting them out.

I hate to say this, but with the lockstep and secretive ways that Republicans have be conducting themselves for the last ten years, having any Republicans on this committee seems equivalent to ensuring that any police investigation into organized crime have at least one Mafia representative in the DA's office.

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I am stunned to see so many in this thread showing the kind of short-term strategic thinking that generally is absent on most all other threads on this site. There is so much disappointment and near-despondency about Conyers agreeing to private meetings with these small fry, but apparently ignoring one of the biggest accomplishments - transcripts.

Of course, that alone doesn't guarantee success in prosecuting even these small-time jokers. But I don't understand so many here throwing their hands in the air just because a bunch of no-names won't immediately be paraded in front of committee hearings. I guess for real hard-core political junkies these things seem monumental, but until you really get the big names in your target sites, these people don't amount to much. But getting some testimony transcribed and in private I think has the potential to really nail the people who deserve it - much higher up, much bigger names.

Patience. We've waited this long, I think we can spare another several weeks.

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Slideguy said: "The point of the exercise is to get these people on record without taking the issue of executive priviledge before a Supreme Court..."

Point taken. There's no doubt in my mind that escalating this to his allies on the SCOTUS is exactly what W wants, and would be risky, as you say. However, this agreement seems to be ceding the issue altogether.

I can't see how the Dems can make any kind of case for getting Rove and Miers under oath in public now. That is, if they defer to the claim of executive priviledge for these mid-level DOJ functionaries, how can they credibly justify more strict requirements for WH advisers that counsel Bush directly?

I think this is bad, even if only because it makes the good guys look weak. If they can't stand toe-to-toe with even a corrupt president with approval ratings in the low 30s (or lower), we might as well just hang it up.

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I agree with Mrs. P - Goodling has a lot more to reveal than she has.

What we still don't know is who her (powerful) political patron was.

Was it Ashcroft? Did he have an affair with her?

Was is Kay Cole James? She was the Regent University government Dean (one of Monica's degrees) before she went on to be the Director of OPM for Bush... (and then did a stint at MZM, government contracting business of felon Mitch Wade)...

Monica is not married, but she is 33. Is she a lesbian? Is she trying to hide that?

And certainly having worked for Tim Griffin, she'd know where all the bodies are buried from 2000 -- and might have also been involved in the vote-caging campaign involving military and blacks.

There's a lot more to know here.

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Or....

It could mean that someone has ALREADY agreed to spill beans and does not want to do it in public for fear of being killed.

So they interview eight in private.

Kinda like firing 8 attorneys when you want to really fire one.

Maybe this is a signal conyers wants someone higher up.

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The thing with Goodling is that her claim of the Fifth is weak. The letter her lawyer sent to Congress basically said she couldn't testify because the Democrats are meanies and might ask her loaded questions. That doesn't meet the constitutional standard.

I wonder why they just don't offer her immunity from prosecution. Who cares about her anyway? Take away any chance that she could incriminate herself, and you take away any basis for claiming her Fifth Amendment rights.

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monicawatch -

the one "exposed" place she's been is her first year of law school in DC.

after that she transferred to regent.

anyone know anyone who was in lawschool with her that 1st year?

she truly has the look of someone who would be married with 5 kids - all wearing gingham dresses down to their ankles. so WHY is she not married?

Important question. (an affair - or a lesbian - or both?)

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From Wikipedia: "Conyers is the last remaining member of the House Judiciary Committee who had voted on the Articles of Impeachment against Nixon in July 1974."

Give this guy the benefit of the doubt. Conyers is an old-line liberal warrior, one of the few we have left. If Conyers sees fit to get some of these shrimp deposed behind closed doors, it's because he has other fish to grill.

Keep in mind, both in House and Senate, we have razor-thin majorities. The Repubs can still derail things by procedural actions (eg, the threatened Repub "kabosh" yesterday in the Senate). This is a knife fight in a telephone booth. It is vital to allow Conyers and other good warriors to fight this war on ground they can stand on.

The show is coming, folks.. It's already here. Congress is slowly bringing Bush to heel. It won't happen in a blaze of light, but Bush's box is becoming noticably smaller..

KY3 Democrat: "Force and prudence...are the might of all the governments that ever have been..."

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I think the analogy here might be to a confidential Grand Jury Investigation - work the underling to set up the higher ups. Initially I was appalled, but I think Conyers knows how to get this done...

"Truth is stranger than Fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't." - Mark Twain

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I like it, but I certainly hope that, in an effort to maintain confidentiality, the individuals are questioned individually.

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monicawatch:

theory on the school change is this. regent was founded in 1990 but not fully accredited as a law school until 1996. non-accredited schools' students cannot receive federal financial aid.

my guess is that monica went to AU first, but when regent cleared up the accreditation thing, she switched.

to maintain a student body through the non-accredited years, regent would have had to spent a lot of its own money on financial aid for students. once the school was fully accredited, they now could spend that money on additional scholarships while other students could now come in with their financial aid.

and monica probably got some of that financial aid.

au/wash college of law was a tier two or three back in 1996 (not in the top 100 like it is today) so monica's average student status was consistent.

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I agree that Conyers is one of our best and most savvy Reps. He must know what he's doing. I just hope it works out.

There are so many craven Dems in both houses of Congress who would probably prefer to cave than to risk looking "partisan" to the Chris Matthews' of the world or to risk the ire of their corporate paymasters who LOVE W. It's amazing to me how they work on the inside of the Dem caucus to enable the criminals.

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Uhh, don't see guys named Rove or Gonzales on that list... all smaller fish.

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This is a good thing. The committee needs information. All they're gonna get in open hearings is stonewall. I hope, as in all good interrogations, that these sessions will be one at a time, so that versions of events can be compared across witnesses.

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PTF

Yes, I follow your theory. But likely all those fundie places will keep her under wraps.

So maybe someone at AU recalls her from that year. Also her time in France bears investigating.

She knows how the repubs do research on people. So she likely knows how to conceal herself. Thus my question about that year in DC at AU. (is AU still affilliated with religion somehow? it once was)

this woman did yearbooks. was student body prez. knows how to bootlick.

with her long blond locks and gingham dress demeanor she likely overheard a lot

Security word: news. yes, we need more news of monica

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Who represents the people?

Did Speaker Pelosi sign off on this?

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Having to place "trust" in any politician IS NOT something we should accept. I don't want to be in the position of "needing" to trust others to interpret what I want to witness and judge for myself. I'm sick and tired of all the BAD information and BAD conclusions Americans reach based on distortion, hearsay and lies. The only judgement we should trust is our own. I am opposed to ALL SECRECY IN WHAT OUR ELECTED OFFICIALS DO, and I'm even leery of trusting them in claiming secrecy due to matters of national security or presidential privilege. I want near total open government, checks and balances, oversight and accountability. We shouldn't have to "trust" that what we are told is truthful when our forefather's design for our system of government eliminated our need to do so. We need to go back to what they so wisely intended.

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There are two ways to crack a safe -- with dynamite, or peel back the metal layer by layer. I think this is a very savvy move that drives a wedge between the White House offices and the Justice Department. Now they won't be so eager to coordinate their stories with each other.

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Osage,

Hear hear! Well stated, and exactly right on all counts!

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Just trust Conyers on this one. He knows what he's doing, he's giving up nothing and he's moving the investigation forward.
He's getting a lot and giving up nothing for the future. He can always call them back in public hearing under oath.
This is basic discovery here. Calm down everyone.

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Monica's zeal for the cause will be quickly zapped when she realizes that all of the bootlicking she did for the Party is tossed aside as Karl and others scramble to cover themselves.

And she becomes the next Craig Livingstone.

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This testimony will be subject to prosecution under the provisions commonly known as "lying to congress"

For the House Judiciary committee, the key is the transcript. Oaths are nice, but not required for lying to them to be illegal.

As long as two members of the committee are present for a quorum, and a transcript is taken, testimony given to them is considered speaking "to congress" for the purposes of the law.

Conyers knows what he is doing legally at least. The secrecy is bothersome for other reasons, but let's also remember the Administration won't know for sure what was said either. It will play off their fears of people breaking in private, or tipping off Conyers for just who to subpoena or what questions to ask.

Check my URL for a DKos diary I wrote about the legal issues involved here. The Senate committee needs oaths or the testimony doesn't count, but the House can dispense with oaths.

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Par for the course.

A few days ago I predicted in comments here on another thread that: the Dems will ultimately back down, never actually issue subpenas on Rove or Meirs, and would capitulate to whatever the White House was willing to offer. Because that would be par for the course.

The Dems won't actually stand tough on anything of any REAL significance on any of the MAJOR players. Yeah, they'll talk tough in front of the cameras with with few little guys that the administration will throw under the bus -- like Sampson -- but will stop short of taking any real action that would truly result in holding the administration to justice in any meaningful way.

Par for the course.

Cufford
Fresno, CA

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monicawatch

AU was founded as a school to teach public administration, but was never religiously affiliated. They did buy a divinity school as part of their expansion but the school was closed at that point. Maybe you're thinking of Wesley Theological Seminary which backs up to AU but is not affiliated?

As for WCL, look for graduates of that institution between 1999 and 2000 and see if any of them are media figures... Maybe they'd talk? Most lawyers post their CV's on their firms websites too (along with e-mail) so another route if you're digging.

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This is a deal with the DOJ, not the White House. That's why you don't see Rove's name here, etc. The White House doesn't seem to be negotiating right now.

These interviews are conducted by congressional staff. That's good. The transcripts will be used. Open hearings with all or some of the DOJ officials are possible. If these guys don't point at each other, they will point at the White House, like Sampson ultimately did. That's not bad. That's moving forward.

One issue the DOJ hasn't agreed to is to re-release the documents without so many apparently key redactions.

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Here's a link to the DOJ letter. I got it from RawStory so, if this doesn't work...that's where to go.

http://tinyurl.com/2r94o2

At any rate, I note that this is NOT just for Conyers but appears to also apply to Leahy's committee. There's a bunch of other information -and conditions- in the letter. Interesting read.

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All this blathering about "sequestering the witnesses" and the "Prisoner's Dilemma" is dunderheaded. These witnesses are not in jail. Nothing in what we know of this agreement prohibits them from communicating with each other or being de-briefed by the White House as soon as they walk out of the committee room. Even if that were prohibited they would do it anyway. The only way to keep the later ones from knowing what the committee asked the earlier ones would be to interview them all separately but simultaneously. And that would hamper the questioning.

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I'm not sure how the deal works, but if Congress keeps the individual transcripts confidential FROM the White House and the Justice Department until after all the interviews are completed, it's a perfect way to trip up the Bush Administration so they CAN'T coordinate their stories.

We all know what Sampson said yesterday, and so does the White House. Now they can coordinate their spin, and selectively release information and e-mails to counteract whatever Sampson might have done to Gonzales, Rove and Miers.

However, when Congress obtains incriminating information during these transcribed interviews, they can use it as a wedge to go after the people they really want.

I don't like the secrecy, but as long as the White House can't review the testimony, I think this could work.

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I hope Conyers is playing this right (and if not, maybe Leahy will). If Conyers ever tries to call Rove or Miers in the future, Bush will have a relatively strong claim for executive privilege (Miers and Rove advise him directly). It would go to the Supreme Court, which could either side with Bush or put the matter on ice for many months. If Conyers had not made this deal, Bush would have been stuck with a much weaker executive privilege claim on the whole lot of them. "Aah need to receive confidential advice from these ten people--eight of whom I have barely met." Even this authoritarian Supreme Court couldn't rubber-stamp that.

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I hope that Conyers will also get an on the record interview from San Diego FBI chief Dan Dzwilewski, who's just tendered his resignation effective 4/30/07, after being told by higher-ups that his comments about the Lam removal being political and would impede ongoing investigations were out of line and he should keep quiet. He was the FBI guy who was responsible for the Cunnimgham investigation.

Is anybody in San Diego watching Ron Nehring?

Code=wind

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SqueakyRat:

I think you got it. The point is that these are like depositions, or discovery, whatever. By keeping them private, nobody can coordinate their story exactly, or at least be aware of what to play dumb about. If anyone spills the beans, even a little, all hell could break loose in open hearings.

This is very good news for Dems, additionally it allows more focused public testimony. Instead of a public looking fishing trip, or excess flogging of public, and maybe innocent, public officials, hearings will be more explosive.

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Having transcripted testimony should make this palatable to everyone, while it is not the public event we shuld be able to expect for our tax dollars, at least there will be a chain of testimony to dissect.

Does anyone really doubt that this testimony will reeach the media and the blogs? Give the Dems time to dig up the dirt, they've got the tools now and they are using them.

Give Conyers some credit for his accomplishments, and stop forgetting that for the last 6 years, we have had NO OVERSIGHT!!!!

Our frustration simply can not accelerate the process, the wheels of justice turn slowly in a bi-partisan world.

Don't turn on our own protectors, they have made startling, unprecedented and historic headway in this frustrating battle for truth and justice.

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It is great to see Gibbons under scrutiny, and now that CREW has leaned into Issa's complicity in teh whole sordid Cunningham scandal, we may see some more of the worst elements in our government ejected or disempowered by their own misdeeds.

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I'm not sure how the deal works, but if Congress keeps the individual transcripts confidential FROM the White House and the Justice Department until after all the interviews are completed, it's a perfect way to trip up the Bush Administration so they CAN'T coordinate their stories.

The WH will know what was said same day most likely. The witnesses' attorneys will likely pass on what was said, one way or another.

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Opps...not html. the 1st paragraph above is quoted from another post above.

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ho hum, little fish baiting for the big fish. They want Rove and they aren't going to get him

unfortunately. But at the least maybe we do a little purging of some of these unqualified shitbags.

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SqueakyRat:

We're talking about scumbags here who lie routinely. Just because they'll meet to discuss their testilying doesn't mean they'll be wholly honest with each other. They are all looking out for #1 first, and if any of them thinks they'll get a better deal from congress by outing the other rats, they'll do it and lie to their cohorts about having done it.

And even if none of them do, they won't know for sure, and it breeds mistrust among them.

Some prisoners do think of such things before getting caught and coordinate their stories in advance, but the police are still often able to break them.

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One other consideration:

Congress is out of town for two weeks!

Most likely the staff will be conducting the questioning. All rules apply, you can't lie to staff either.

So why the congressmen go off to raise money, etc., the senate and house staff get to grill the folks who can't afford high priced lawyers.

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Fuck closed and secret government! Someone needs to immediately draft up a FOIA request on this. This type of inside the beltway bullshit is dangerous and must be stopped.

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Sure it stinks.

But if it pulls the lid off the larger Rovian plot to make Republican the permanent majority party, identifying the specific mechanisms being used to accomplish it, so be it.

A democratic republic simply can't survive the complete politicization of its legal system.

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Cufford,

So you came here to say "I told you so"? Thanks dude, cause if there's anything we need, it's a good dose of defeatism.

As numerous people have noted, including me, there is plenty of room for this manouvre to work out quite well for the Democrats, and to actually obtain more information than would be obtained from public hearings.

But you're too busy using ever data point to "prove" your assertion the Democrats will just back down and let this slide.

If that was the plan, they could have done it weeks ago. Leahy seems quite pissed and now even Specter was getting feisty in how he took on Sampson.

Waxman is all over the GSA business and provides another angle at Rove.

You have given up before the fight was well and truly began. Begone.

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This is OK. It takes the cudgel away from the GOP that the Dems in Congress are zealots who are overstepping their bounds (a lie of course, but it sells with the Reich)and are unwilling to compromise; that all they are doing is engaging in "SHOW TRIALS". I think Conyers knows exactly what he is doing. Also, as noted above, keeping the testimony private hinders (doesn't make impossible, but hinders) collusion on the part of future witnesses.

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Good Cop, Bad Cop. If that's the strategy between the House and the Senate then I believe it