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The entire scheme has been laid out before us. The question now is whether Karl Rove will get away with it.

Here's the scheme, as revealed over the past month: Rove and his deputies traveled to various agencies throughout the government, lecturing management there about Republicans' political prospects. Which House and Senate members were in trouble? Which Democratic seats were vulnerable? What were the major issues in the election?

But there was a line to be drawn: no commands were to be given -- because such a directive would be a blatant violation of the Hatch Act, which forbids the use of government resources for political ends.

On the contrary, the government officials receiving the briefing were supposed to get the hint -- as Tom Hamburger reported, "employees said they got a not-so-subtle message about helping endangered Republicans." The briefing simply gave them the tools to be helpful in the next election. They were supposed to take the ball and run with it.

The Washington Post reports today that Rove and his deputies gave such briefings to at least 15 different agencies (ranging from NASA to the Department of Homeland Security). But one briefing in particular continues to shine a light on all the rest: the one given this January to officials at the General Services Administration, the government's massive procurement agency.

Rove's deputy Scott Jennings simply showed up and gave the briefing (the slides (pdf) for which have been obtained by the House oversight committee -- that's one of them above). Employees were supposed to get the "not-so-subtle" message. But unfortunately for Jennings, GSA chief Lurita Doan doesn't do "not-so-subtle." From today's Post:

At its completion, GSA Administrator Lurita Alexis Doan asked how GSA projects could be used to help "our candidates," according to half a dozen witnesses. The briefer, J. Scott Jennings, said that topic should be discussed "off-line," the witnesses said. Doan then replied, "Oh, good, at least as long as we are going to follow up," according to an account given by former GSA chief acquisition officer Emily Murphy to House investigators, according to a copy of the transcript.

"Something was going to take place potentially afterwards" regarding Doan's request, GSA deputy director of communications Jennifer Millikin told investigators she concluded at the time.

Doan was obviously supposed to come to the tacit understanding that such things should be discussed "off-line." But, as anyone who watched Doan testify before the House last month can attest, she doesn't think well on her feet.

Now, the White House has adopted the line that the briefings were simply to provide employees a look at "the political landscape." And apparently that talking point has been widely distributed, as R. Jeffrey Smith from the Post found:

By the end of yesterday afternoon, all of those describing the briefings on the record had adopted a uniform phrase in response to a reporter's inquiries: They were, each official said, "informational briefings about the political landscape."

It's all about plausible deniability. As Scott Bloch, the head of the Office of Special Counsel -- the office that is charged with investigating Hatch Act violations -- tells Smith, "Political forecasts, just generally . . . I do not regard as illegal political activity." Bloch, remember, is the one who announced to the world earlier this week that he'd leave no stone unturned in his pursuit of Karl Rove. (There's more on Bloch here.)

The burning question here is this: what about those agency officials who are smarter than Doan? The briefings have been going on since the beginning of the Bush administration. Somebody got the hint, had that "offline" conversation, and successfully helped "our candidates." How many? When? Where?


113 Comments

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Is their spreading the word on how to desribe the briefings not, in and of itself, also political?

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What does a political landscape have to do with government business? It is a political presentation. When you show which Repubs are in trouble and which dems are in trouble with the message to help one group and hurt the other, that is NOT government business.

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The Hatch Act is the least of Karl Rove's transgressions. Of course, they got Al Capone for tax invasion.

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Bloch is the key. He's going to run out the clock with a pseudo-investigation. Dems need to figure out: how to remove the Stumbling Bloch?

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Is this "THE Math" that Rove was talking about?

If so, then he is stupider than even I thought. So many articles and comments calledhim a "genius" or "boy wonder". I have often said that it doesn't take genius to win when you don't give a damn about laws, rules or ethics--

Many of the worst psychopathic killers get described as geniuses--but this degrades the notion. They are merely psychopaths, and their success is due to the fact that our civil society assumes everyone knows and will behave within ethical bounds.

Their "genius", and Rove's, is only due to exploitation of our collective assumptions. Call it genius if you must, but I think it is something profoundly more sinister.

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Political staff should not be going anywhere giving briefings. That's a bright line that's easy to understand and enforce.

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Yes indeed, JimM. Mother Jones has an intersting take on Mr. Bloch:

"President Bush," the statement continued, "expects federal agencies to enforce this policy and to ensure that all federal employees are protected from unfair discrimination at work." Reportedly, the White House has asked Bloch at least once to tender his resignation, a fact that the special counsel would neither confirm nor deny when I spoke with him this winter. By antagonizing his bosses now, Bloch is "committing suicide, except for the real, real, real conservative right, who I'm sure are applauding him," the OSC investigator told me. "Outside of that, he's really going to be ticking off some people."

There is speculation, the investigator said, that Bloch is pursuing the Rove case to show his bona fides—"to provide some protection" for himself, given that an attempt to oust him from OSC now would look like a vendetta. "There's definitely one part of me that thinks it's great that we're taking some initiative to see how politicized the federal employment system has become under this president," he said. "Part of me applauds this. I wish I could take Scott seriously and trust him, but everything he's done at this agency shows that he's untrustworthy and that his motives are suspect. I don't know why we should trust him now. I hope we can, but I really don't."

http://www.motherjones.com/washington_dispatch/2007/04/bloch.html

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How to overcome the plausible deniability?

The key, it seems to me are these "off line" dicsussions. Where? What? How?

It seems that Congress needs to subpoena, for starters, all of Jennings' emails (gwb43.com or otherwise!)

Security code: "knot" as in: what a tangled knot Rove has tried to weave, and, hopefully, Congress can unravel

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Well that explains why loyal bushies need to in certain posistions in government,.... to help impliment this wide reaching plan.

It explains the USA's ouster.

My worry is now that the Republicans have done this will the Democrats respond in kind when they get in Presidential office. The ante has been upped in this partisan war and my worry is now it will become standard operating procedure for both parties.

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Your either "with" us or against us. Just as it depends on what the meaning of "is" is. The only way to determine that is a grand jury.

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Can't Congress request a Special Prosecutor? I would think with the disastrous record this Administration has of self-investigation, that there would be wide support. If a vote is required it would once again put the Republicans in that terrible pickle of having to choose between the Republican party and the American people.

Hmmm - funny how that often that conflict seems to be coming up these days.

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Scott Bloch's OSC investigation got extensive play on NPR this morning, giving it an air of credibility. With it becoming increasingly obvious that DoJ is nothing more than an extension of the White House, someone in Congress needs to step up and demand that bogus Bloch investigation be shut down because of the obvious conflict of interest -- the White House investigating the White House.

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The problem is we'll get all manner of wankers like Bob Woodward saying its not a real crime.


nice post kurtyboy

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The slides are damning of themselves. They are not about 'landscape', they detail 'defense' and 'targets'.

sc= jump. Like when KR says to......

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Of course Rove will get away with it. Saving Karl's hide seems to be the sole motivating principle of the Bush administration.

Kinda gives us a window into who's really in charge of the country.

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When it comes to investigating his political party, Bloch will be nothing more than another Henry Kissinger; cover-up after cover-up after cover-up.

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

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sounds like somebody better start handing over the Republican National Committee enabled emails and other miscellaneous correspondence between our government workers or face impeachment. Here's a comment from the section following an article in the northwestern arkansas newpaper The Morning News regarding Senator Pryor's continued call for Gonzales to resign after meeting with him in private, that seemed to talk reason to the folded hype perpetrated on the public by government spokespeople in propagandist clothing and fully enhanced by the mainstream media in bite-sized pieces to aid it's digestion as policy and truth.

lower tiberius wrote on April 26, 2007 5:58 AM:"The sneaky, stuffed
in after the fact provision in the re-issue Patriot Act that the
"selected at the presidents pleasure" United States Attorneys could
be installed without the proper approval of the senate, along with
the criminal attempts to fly under radar with a separate issued
Republican National committee supplied communications and email
system for offical government business with no record of those
correspondence should make clear what this is all about. Every
department of our federal government has been briefed in meetings on
how to politically enhance electorial decisions by working toward a
Republican domination of national and state held office and citizen
representation. Those are traditionally decisions we as citizens have
made by our right to vote. If some will sacrifice our democracy
because they are entrained by an insincere issue such as what this
country is being begged bullied and bought to believe by an out of
control administration and Republican Party, it's sad to see they are
led to betray their country so easily. The same people who'd like to
make youin's show your fangs as xenophobes homophobes and religious
bigots are the same ones promoting immigrant worker passes that can
bring labor groups here frpm other countries for several year stays
to take your jobs and cut you out of retirement and health care.
Think carefully before betraying our way of life and focusing on the
red herrings they string in front of your faces."

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Check the article on Scott Bloch in the latest issue of "Mother Jones". Don't hold your breath that he will do anything meaningful with this 'investigation'.

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And isn't it now abundantly clear that the "off-line" discussions were to be conducted on the "RNC communications network", and NOT on the official e-mail and communications network thus avoiding the legally-mandated archiving of this material.

I am afraid this point has the potential of being lost and subsumed to the Hatch Act violations. Yes, they were violating the Hatch Act by doing this BUT also violating the Presidential Records Act to avoid scrutiny.

Does this not constitute obstruction of justice???

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Is "offline discussions" a euphemism for gwb43.com e-mail addresses?

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Jeez, just thought of something: if the GOP had all these resources at their command and STILL lost both chambers of Congress, imagine what kind of bloodbath the '06 elections would have been for the Repubs if Team Bush had waged a fair fight.

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Is their spreading the word on how to desribe the briefings not, in and of itself, also political?

Posted by: Michael

that my friend is criminal conspiracy

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"Where?"


Could it just possibly be in the six gazillion missing e-mails?

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The paramount reason for Mr. Bloch's snipe hunt is to allow the Misadminstration to refuse to answer any and all questions using the excuse that they will not comment on matters under investigation.

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"Where?"


Could it just possibly be in the six gazillion missing e-mails?

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Security code: JUDGE!

Wait, forgot what my comment was... Oh yeah!

Anyone got a link to a good Scott Bloch dossier?

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I googled the Hatch Act and if I'm reading it right, the penalities for violating it aren't terribly severe. Rove could get fired and that's it. He would continue to play Wizard of Oz from his laptop in suburban VA.

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Bloch is going to be a major disappointment. Another partisan cover-up is all I would expect from someone with his credentials. Sickening.
It's up to Congress to get the e-mails and find out what really transpired in this sad perversion of government. My only fear is that things are SO bad that even a cynic like me will be floored.

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Is there someone else besides OSC that could investigate this?

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It seems to me that the title of the slide is evidence enough. It's not "Political Landscape", it's "House GOP Defense" These slides were made with taxpayer dollars, and the talks were given in government offices on government time. It sounds pretty clear to me.

The question is who will be prosecuted, and how quickly or slowly.

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This is a bona-fide plan and conspiracy to inject partisanship fpr political gain. It would definitely result in pressure and political results. *If it looks like a duck . . . *

IT IS A VIOLATION OF THE HATCH ACT

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Of course it's political. Would Rove's team go in and say "these are seats Democrats could win, or project a slide reading "House Democratic Defense"?

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Subpoena the emails, especially the ones to their blackberries.

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That rapidly distributed universal talking point was communicated how? Via the RNC-based comms link to computers and pda's of which political and career office holders? And which side of the line is that: party political or government?

Because if it was drafted, sent and read on govt time, using any govt computers or on govt real estate, or otherwise consumed govt resources, odds are pretty high it's a Hatch Act problem that is massive and continuing.

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Ask not what your country can do for you.

Ask what your government can do for our party.

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I'd consider a "political forecast, generally" as something like "with two more years of a Republican Administration ahead, we can expect no letup to the budget cuts."

But a listing of dozens of specific GOP House seats at risk of being lost, along with vote percentages in their districts for the past two years - that's a damned specific political landscape briefing. If that doesn't violate the Hatch Act, I'm not sure I understand why not.

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What about all those prayer groups we heard were running in the White House?

Are they running everywhere? Are we paying for praying? And which side do they pray for? Could the prayer groups be Propaganda-Prayah Groups?

I don't believe it! The word is "screw."

Once again the program knows....

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Sure, they were just "informational briefings about the political landscape." Because you have to have good information on the landscape in order to decide where to set up bunkers and observation posts and so on. Those things wouldn't have anything at all to do with political battles. They're just, um, tourist attractions.

Yeah, that's it.

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More importantly than being fired is whether Rove is forced to give up his security clearance. That's one reason James Knodell and the National Archives security squad are not allowed to do their statutory duty and enter into or review West Wing security procedures (which itself violates the most basic of security protocols).

If Rove loses that magic clearance, it prunes Shrub back to the ears. He cannot use Rove even as a private consultant without himself violating the law. The alternative if for Shrub to go on record that he is revealing classified govt secrets to a lawbreaker on doublesecret probation.

Shrub can't operate without Rove, so that mini-drama itself would be worth the price of admission.

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Scott Bloch "investigating" this will be a joke. Congress must do an investigation in parallel. Was trying to remember why Scott Bloch's name was familiar to me...I actualy remember having a very negative asociation...googling...remember why now...from the link http://www.counterbias.com/307.html

Sorry for long text post , but I think it is very revealing of Bloch's true nature and allegiance...

"Scott J. Bloch is another Bush appointee who has a problem with equality and civil rights, especially when applied to gay and lesbian Americans employed by the federal government.

On May 28, 1998, President Bill Clinton issued Executive Order 13087 prohibiting discrimination against federal employees based on sexual orientation. Enforcement of that order fell to the Office of Special Counsel. From the OSC's official website: "The U.S. Office of Special Counsel (OSC) is an independent federal investigative and prosecutorial agency ... OSC's primary mission is to safeguard the merit system by protecting federal employees and applicants from prohibited personnel practices, especially reprisal for whistleblowing." That's "whistleblowing" about federal corruption as well as "prohibited personnel practices" (such as sexual harassment) perpetrated against federal employees.

In January 2004, George W. Bush's choice to head the Office of Special Counsel began his reign. Since then, Scott J. Bloch has not only ignored President Clinton's executive order - which the Bush administration said it supported and wanted continued - but Mr. Bloch has removed all protections for gay and lesbian federal employees and, by his actions, condoned and encouraged "prohibited personnel practices" against them. His record with "whistleblowers" is just as bad.

One of Mr. Bloch's first moves as Special Counsel - in February 2004 - was to remove from OSC complaint forms and its official web site all references to "sexual orientation." Is it any surprise that while at the University of Kansas, Bloch enrolled in the Integrated Humanities Program, a curriculum established in 1971 to counter the anti-war and women's movements and the growing demand for greater multiculturalism on campus? Is it any surprise that Mr. Bloch has bluntly refused to investigate any claims of "sexual harassment" involving gay or lesbian federal employees?

Is it any surprise that Mr. Bloch has ignored competitive recruitment practices by unilaterally hiring his investigators from among new graduates of Ave Maria Law School? Is it any surprise that Bloch hired Alan Hicks, his son's former headmaster, for a one-year, $112,000 position that produced one - that's one - four page memo? (Alan Hicks left his headmaster position after the cover-up of a predatory priest scandal had been exposed.)

In early October 2004, five Democratic members of Congress called on President Bush to "take the necessary action" against Mr. Bloch who, they correctly asserted, continues to refuse "to enforce anti-discrimination protections for federal workers [which] contradicts Bush administration policy to uphold former President Clinton's executive order banning discrimination based on sexual orientation."

Nothing happened. Indeed, Mr. Bloch's enforcement of whistleblower protection quickly came to match his enforcement of non-discrimination against gays and lesbians in the workplace. As of spring 2005, over 1000 cases involving whistleblower accusations and protection of employees from retaliation have been summarily dismissed.

Bloch continued his campaign against gay and lesbian federal employees, as Washington Bureau Chief for 365Gay.com Paul Johnson noted in his article "Administration Moves To Remove Gay Protections From Federal Labor Contracts." In several "contracts negotiated [with the American Federation of Government Employees, the union that represents thousands of federal government employees] over the past few months the list of categories that are protected has been replaced with the more nebulous phrase 'any class protected by law.' While the change will mean little to African Americans or other minorities, it effectively removes LGBT workers from being protected from being fired or harassed on the job." According to a report in GovExec.com, Witold Skwierczynski, the president of AFGE Council 220, charged the Social Security Administration with proposing the elimination of a clause in its labor contract "that allows gay, lesbian and bisexual workers to file discrimination grievances."

To date, nothing has changed. Bloch continues his crusade against gay and lesbian federal employees. In her May 25, 2005 article "Bush Special Counsel: Gay Federal Workers Have No Protections," Doreen Brandt of 365Gay.com's Washington Bureau reported that "The man in charge of protecting the civil rights of federal workers told a Senate Committee that he will not protect LGBT employees. Special counsel Scott J. Bloch was testifying about complaints his office has adopted an extreme conservative position and has reprimanded people in his own office who disagree with him."

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Very subtle. (Wink, wink)

Code word "polish", as in a policy that could polish a turd.

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When the Republicans are labeled "offense" and the Democrats are labeled "defense" it is not a political landscape presentation, but a partisan description.

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Please do a quick summary and give the cite. Long plug-ins interrupt the flow and not everyone wants to read the item. Thanks.

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NPR did a story this morning about Bloch. They raised the issue of why this agency is now waking up. They followed it with the story of Goodling's immunity grant. Now that he is awake, Bloch can provide a whitewash for Rove on the briefings and throw a wrench into the Goodling immunity Grant.

http://www.osc.gov/specialcounsel.htm

His last job was Deputy Director and Counsel to the Task Force for Faith-based and Community Initiatives at the U.S. Department of Justice

He’s even published articles. One is titled “Don’t Bury the Hatch Act”. I wonder if he intended the pun.

Roadbloch

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So noted... apologies.

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Now we know what was so strange about Karl Rove's MC ROVE performance.

Karl Rove is the poster boy for the "Stop Snitching" movement. How can you tell the street crowd that the "Stop Sntiching" ethos is bad when you have it going on in the upper echelons of government?

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There's something to this super duper email system Rove has, does anyone know anything about it or who wrote it?

Once we know how that piece of software functions I think that will peel back the hood on what the machinations are. It may have been they were using Rove's "Bat Channel" for the "off-line" discussions. And you had to know that the appointees all had a Blackberry.

Blackberries are not only telephones/email devices. They are text messaging devices, which is similar to instant messaging. Both areas are in a grey area of the legal definition of document retention due to document definitions themeselves.

I'm thinking Rove took advantage of this grey area and devised a software tool to discuss this stuff without having to use conventional documentation channels. And you can't blame him, the enterprising rat that he is, it's really not all that different than talking over the stalls in the men's room. Start thinking in terms of tin cans and string, and it's not a whole lot different.

If they get lucky and find those conversations on the RNC servers, Rove is dead meat. That is why they (Waxmen, et al.) should NOT be accepting restricted access to those servers.

Email has so far met the test of such conventional documentation retention rules but text messaging and IM so far haven't yet. And I think a lot of WH business has transpired through text messaging, Rove has numerous reports of "chipmunking" which I take as laughing at text messages on his blackberry, live conversations with others doing his dirty work. Bastard.

Has anyone seen Reid or Waxman mention text messaging?

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I said it twice now in these Muckraker threads, the slide show couldn't have been made solely for the benefit of GSA appointees. And thank you for proving me right.

The video-conferencing equipment (which just about every govt conference room has set up) is generally run by IT personnel of those agencies. Those personnel are civil servants, NOT APPOINTEES, and imo, their services setting up the video capabilities are another violation of the Hatch Act. Along with use of the equipment itself.

Who ordered them to set up these connections on govt time and govt resources?

And, I would say it's time to call in those IT professionals and see who among them were in the room after the cookies were served--still running the equipment.

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The over long text posting by dominiccjr
notwithstanding, it does tell us all ye know and all ye need to know about Bloch.

He's a kami kaze Bush loyalist who will throw himself on the barbed wire for Dear Leader on command.

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Why does everyone waste time pretending not to know the truth?The biggest shake down in history is taking place and we are stuck playing with words how best to describe it?
Landscaping is like working with dirt.If they want to call what they say they are doing landscaping,so what?
What does what they call anything have to do with the truth and why do we go down that road with them anyway?
Does someone think it's cute to chop up the excuses because they are easy targets. Believe me they have an excuse making machine set to infinite.
The heist goes on folks.
Don't get distracted.

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Skaren writes, "My worry is now that the Republicans have done this will the Democrats respond in kind when they get in Presidential office."

This is exactly what it will take to clean out the festering mess that is the current mal-administration. Frankly, I'd rather have well-meaning hacks in charge than the bunch of war-profiteers, civil liberty manglers, and perverts we have now.

Code: Lock, which comes right after "book em, Dano", something I think most of the nation would love to see happen to the majority of the current mal-administration.

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I'm so glad Bush brought honor and integrity back to the White House.

security code: attack, as in attack and destroy the Bush War Machine.

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Has it occurred to anyone else that Rove's training system--presentations, no direct orders, etc.--is eerily similar to Bin Laden's?

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Can a specific request be made for Patrick Fitzgerald to be Special Prosecutor?

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Not to be hysterical here, but these people must be stopped. Loved the post about how Rove is no genius, just a guy willing to ignore laws and rules while others aren't. Not hard to win when that's your philosophy. Where is this all going?

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What about the Republicans and Democrats living in districts not included in Rove's target list? Why are we getting no benefit for our hard-earned tax dollars?

What about it, Rove? I work hard for my money, and I don't appreciate your ripping me off.

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Maybe I have a weak imagination, but I have a hard time picturing any NASA job description that includes "knowing which Congressional districts are 'in play' in the next election." As a taxpayer, just how does it serve me to have my employees spending time learning such details of the 'political landscape?' This is not job-related information.

It seems ironic that an executive branch that has been so concerned about its independence and privilege can view an organized effort to interfere with another branch as legitimate and worthwhile.

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"The political landscape," eh? So when did they have Democratic political operatives come in and make presentations?

Security code: screw, as in screw you, Dems...

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This diary/post is very important for focusing on how Rove sought to use an 'indirect' approach to managing his re-election schemes, so as to avoid appearing to violate the letter of the law. Hopefully, as in Doan's case, there will be enough instances where he and his minions skated so close to the line that they demonstrably went over, that charges can be brought. That's why a very wide net has to be cast, starting with the RNC e-mails (and hopefully text messages t00).

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I too worry about this becoming an endless tit-for-tat between Republican and Democratic administrations. What is called for here is a very comprehensive piece of legislation to make political deployment of government resources clearly illegal and (unlike the Hatch Act) penalized by more than a "reassignment" from the Governmnet to the RNC, which is what will happen to Rove.

But more than that, whoever succeeds this criminal administration will have to restore a higher standard than simply what's legal. No more prevarication or spin, no "meaning of is" or "Clear Skies" bullshit, but the truth and integrity.

Did everyone watch Moyers show last night on PBS? The media need to be straightened out before liars and truth-benders can effectively be held to account.

sc: sound, as in "full of sound and fury, signifying nothing"

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These people seem to be operating under the assumption that circumstantial evidence is inadmissable or insufficient for prosecution. They're so wrong. Especially when there's a preponderance of it, as we're seeing now, there's no need for a smoking gun.

If I were to draw a map to the home of someone I despised and write down the hours of the day that person would likely be at home, and give those to a known violent criminal, how plausible would my deniability be if the violent criminal just happened to go over to that person's house and kill him? Not very.

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My understanding of the Hatch Act is that even those employees who are permitted to engage in political activity may not engage in political activity while on duty or in a government office.

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>> It's all about plausible deniability. <<

Which apparently need not be terribly plausible. :-|

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But is this really "indirect" and not over "the line"? Because to me, Dana Perino basically just went on the record as saying Hatch Act violations are not Hatch Act violations if everyone involved is a political appointee...even if some of them work in Fed agencies, and, during their workday, have their discussions in Fed buildings, and use Fed computers to project their political strategerizing....

Dana, Karl, Scott (Jennings)...I think these ARE Hatch Act violations even if not everyone involved is quite as much a nitwit as Doan.

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Perino et al. are manipulating the multiple ways we use the word 'political' to spread confusion. Traditionally, a 'political appointee' is someone who hasn't gone through the existing civil-service system, i.e., not a career professional. It's a form of patronage. This is how they GET the job, but not about what they are expected to DO on the job. They are appointed to do the non-partisan business of the government. Sure, there is an implicit effect on how policies are implemented, but it's not like installing a political commisariat.

'Political appointees' are not given their jobs for the purpose of being political, explicitly promoting partisan ends. They are not "political officers' in the way the Soviet Union had. The United States is not meant to have a government that is explicity run to serve the ends of the Party.

So, no, it's not OK for 'political appointees' to be given 'political briefings' by other 'political appointees.' Just because they got their jobs for being political, doesn't mean we pay them to act politically in their governmental roles. (Which is why I want Karl's salary back in the Treasury.)

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Not over the line?

Then, I would presume, we can simply join church and state as well - as long as it's just political appointees doing the praying!

Let's hear it for Prayer Groups on govt time!

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At the VERY least a revision of the Hatch act is in order.

Nice legacy there Mr Rove, "I was what the Nixon administration would have been if they had more time to think about it and LESS honor."

Yay! I was the tyranny enabler other tyranny enablers envy...

[code word "wind" as in time for a wind of change]

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....Another victim, Scott Bloch, the chief of the U.S. Office of Special Counsel, has been investigated six times, all subsequent to his removal of "sexual orientation" from the list of conditions covered by anti-discrimination laws. He cited federal law, court rulings, and the statute governing his agency, none of which put sexual orientation in the same protected class--that is, legally protected against acts of bias--as race, religion, national origin, or gender. His "crimes," like Tomlinson's, are purely political, yet both he and Tomlinson were the subjects of probes involving criminal charges....

....Tomlinson hasn't suffered Bloch's fate of being abandoned by the White House....

...One of Bloch's first decisions when he arrived at OSC from the Justice Department in early 2004 was to strip "sexual orientation" from its special status in discrimination cases. It had been added by his predecessor--even though Congress and the Supreme Court had taken up the issue and failed to elevate sexual orientation to the status of race, religion, national origin, and gender. His decision quickly drew complaints from Democrats in Congress and pro-gay groups.

The struggle over Bloch's stand is largely symbolic. OSC has received few complaints of bias against gays. But it led to a detailed complaint to Congress and a withering barrage of investigations. And Bloch soon learned that the White House did not want to get involved in his fight--quite the contrary. A few weeks after Bloch's decision, a presidential spokesman delivered a public in-your-face rebuttal to Bloch. "Longstanding federal policy prohibits discrimination against federal employees based on sexual orientation," the spokesman said.

Bloch has endured, despite the six investigations, which have included questions about his and his staff's religious views. Bloch, a lawyer from Kansas, is a Christian. He and his wife Catherine have seven children. The investigations have gone from one by a House committee staff, to a committee hearing, to three probes by the Government Accountability Office, to one by the IG of the Office of Personnel Management. Contrary to Bloch and OSC, OPM, by the way, includes sexual orientation as grounds for filing a discrimination complaint. The criminal actions Bloch is accused of include making retaliatory reassignments of dissident personnel, imposing an illegal gag order on staffers, illegally barring staffers from communicating with Congress, and creating a hostile work environment....

Criminalizing Politics
The persecution of Karl Rove, Ken Tomlinson, and Scott Bloch continues a sorry Washington tradition.
by Fred Barnes
10/09/2006, Volume 012, Issue 04


http://www.weeklystandard.com/content/public/articles/000/000/012/769bpqpa.asp?pg=2


Fred Barnes is executive editor of THE WEEKLY STANDARD.

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Re: prayer groups on govt time...

Been there, done that... DOJ again, under Ashcroft. Morning prayer meetings, began at 8AM sharp.

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Last time I heard it was a "quarter past Fascism."

Is it half past now?

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Yeah, but Henry Waxman and Harry Reed [sic] and the rest of the partisan witch-hunters in Congress are JUST AS BAD AS ROVE. With every new Democrat subpoena, a kitten somewhere dies and the baby jesus weeps.

I know it must be true, because David Broder told me so!

[code: linen, as in "dirty"]

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Political staff should not be going anywhere giving briefings. That's a bright line that's easy to understand and enforce.

Until the political staff sides with your views. What partisan crap.

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Sorry if this is redundant. I didn't get through all the posts before responding to the following...
**************************************************
I googled the Hatch Act and if I'm reading it right, the penalities for violating it aren't terribly severe. Rove could get fired and that's it. He would continue to play Wizard of Oz from his laptop in suburban VA.
Posted by: sisyphus
Date: April 26, 2007 10:16 AM
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I’m no attorney, but if I were to perpetrate a misdemeanor that would be one thing; simple a misdemeanor.

On the other hand…

If I were to repeatedly perpetrate a violation of a federal law while taking affirmative actions (J. Scott Jennings, said that topic should be discussed "off-line,") to cover that activity in concert with others, I would think that might rise to a Criminal Conspiracy.

I presume the penalties for a Criminal Conspiracy that violates federal laws with the aim to subvert the democratic election process would have consequences beyond simply getting fired.

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How many are connected through social "clubs" like skull/bones and masons?

If too many, what the hell have we been a party too? This plan is too widespread for just KKKarl and dumbassDubya.

Who has profited? Follow the $$. It is only criminal minds like these, that cannot feel empathy for those who they have injured that CAN follow through on "plans" like these. It is always based on power and money. Also, real estate records that can detail property transfers. There is way too much deep, deep, corruption here that has a history from 1492.

What do we do to begin fighting this other than outright revolution and secession?

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So Rove is implicitly extorting those administrators to embezzle government contracts and services to bribe the congressional and senatorial candidates to support Bush andmistration policy.

This should be looked at for what it is. Organized crime. RICO time anyone?

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Oh it's terrible the corruption! Like this guy here.

House Democratic leaders are not expected to pressure embattled Rep. William Jefferson (D-La.) to forfeit his lone remaining committee assignment, even as two Republican lawmakers who similarly face intense FBI scrutiny have relinquished their posts in recent days.

Pot. Kettle. Blah.

It's all about sides and team colors.

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Posted by: psyopswatcher
Date: April 26, 2007 11:00 AM

Excellent point. Career IT personnel are not political appointees.

> The video-conferencing equipment (which just about every govt conference room has set up) is generally run by IT personnel of those agencies. Those personnel are civil servants, NOT APPOINTEES, and imo, their services setting up the video capabilities are another violation of the Hatch Act. Along with use of the equipment itself.

> Who ordered them to set up these connections on govt time and govt resources?

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Posted by: biggerbox
Date: April 26, 2007 11:51 AM
************************************

Very nice post...

Your post and others here on TPM go a long way in sifting through the crap and dispelling the deceptions of this administration.

The clarity of your post helps the American public see through the 'political' spin. In the end, you and others like you will turn this around.

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Slippery Slope,

Noting your mention of conspiracy for criminal activity being more serious....agree 100%. Another interesting law to google...RICO. But RICO cannot be used to investigate government agencies. HOWEVER, I believe it can be used to investigate the RNC as an organizing entity, enabling, with its email servers, and doubtless, a few of its own employees if not many of them, much of the conspiracy for criminal political activity. Any lawyers out there who can assess if the RNC's involvement in this corruption opens the door to RICO crimes by RNC, for knowingly enabling Hatch Act violations by DOJ and WH officials? Might be good leverage to actually get the subpoenaed email files from the RNC....

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I think Dana ("Dear" in the Headlights) Perino doesn't state the Hatch Act requirements correctly. She's feeding a talking point, unconvincingly, too.

Political appointees are exempt from certain Hatch Act restrictions because a) they are political, not career, appointments/ and b) they are assumed to be available 24/7 at the request of the President and, hence, have no "normal workday" to divide between their partisan and federal govt activities. As with everything he does, Mr. Rove has not only pushed the envelope, he has torn it to shreds.

Those exemptions do not apply to other govt employees who work normal business hours exclusively for their employer - the US Government. Those exemptions also do not apply to the use of govt equipment, facilities, etc., which include govt AV equipment, meeting rooms, computers, servers, pda's, cell phones, etc.

The lovely Ms. Dana suggested that White House counsel issued instructions about these specific briefings. Waxman should get them. In addition to the routine guidelines that should have been issued about Hatch Act compliance. I believe these are very different from the ones issued under President Clinton.

Waxman should see where this White House counsel draws the bright line bewteen permitted and prohibited behavior. That counsel would be Alberto (Who Me?) Gonzales. You know, the brilliant scholar who saw "No Problem" with the Torture Memo.

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quote from Kurty: They are merely psychopaths, and their success is due to the fact that our civil society assumes everyone knows and will behave within ethical bounds.

Their "genius", and Rove's, is only due to exploitation of our collective assumptions. Call it genius if you must, but I think it is something profoundly more sinister.

A G R E E D ! !

they can't function in the light of day, calling them Dracualas is way too kind. They actually believe their own manure and define their actions in the narrowest terms. Well, the Dems should do the same to them.

I can't say much for Dana Perino.Is she a grad from Regents U too?

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Mr. Rove is not a psychopath. He is a sociopath. He knows precisely what he is doing. He just doesn't care who he harms, as long as his client wins. Which means he wins.

He imagines himself a political special force, for whom no assignment is too daring. Rules don't limit his behavior; they are simply hurdles to put in the way of those who follow them.

His greatest weapon is having convinced everyone that no one in his position would dream of doing what he does. Next best thing to convincing them he doesn't exist. He is a real Keyser Sozay.

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ARE THEY THAT STUPID?
Someone should remind the White House, and Dana Perino, that although it's not illegal for political appointees to talk to other political appointees, it is illegal to emply computers and the precious time of government officials to explicitly discuss how to win the next election.

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'I too worry about this becoming an endless tit-for-tat between Republican and Democratic administrations.'

False equivalence, anyone?

How about: 'But some say, if Democrats investigate too uncompromisingly, there will be tit-for-tat investigations of their activities, which may bring Democrat law-breaking to light'

Maybe we should wait until there's some evidence of Dems doing it too, before we say 'Of course, Dens do it too'

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Has anyone asked 'Dana ("Dear" in the Headlights) Perino' if the President knew about the briefings?

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Apart from some of its special operatives, such as Ken Mehlman, this administration seems to have accumulated the most unseemly, mediocre talent in the country.

The Real Rove has the talent, connections and nasty photographs to get away with being a sociopath for whom rules and consequences are not limits, but opportunities.

The motley collection of Goodlings, Doans and Blochs who try to mimic him is like watching Fredo run the Corleone family businesses. They hire people even less talented than they are; they trip over the bodies rather than have them put where no one could find them; and spend so much time in their own casinos and brothels that they spend more money than they take in.

The catch-phrase, "I have no recollection of that, Senator," is likely to become the GOP's most well-known campaign slogan in 2008.

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The Bush administration has begun the 2nd civil war in this country and they don't even know it yet. It's going to be the nation vs. Bush supporters. How can you LEGALLY fight a war against an enemy who runs the government and courts in which you live? Bush has committed treason several times over, but has ONLY been acknowleged by a single state...Vermont? People in this country should be rioting in the streets because of all the corruption. If our own House/Senate can barely pass a bill to get troops outta Iraq, how can we get rid of the most powerful/corrupt person in our government.
Citizens, pick up a bat...lets ALL go to the White House and lets solve this Old School.

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Is the full list of agencies that received these briefings available somewhere? Were briefings presented anywhere within DOJ?

On another front, its worth noting that if the briefings were simply about the political landscape, the slides would presumably describe the strengths and weaknesses of both parties rather than talking about "targets" on the Dem slides and "defense" on the GOP slides. Such language has to cross the Hatch Act line.

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"The White House acknowledged Thursday it has conducted about 20 briefings recently for federal agency employees on the election prospects of Republican candidates ...

http://rawstory.com/news/2007/White_House_admits_it_conducted_election_0426.html

White House briefing Thursday morning, Deputy Press Secretary Dana Perino suggested that the Bush Administration would not be releasing the PowerPoint demonstration used in January.

"I don't think there's any reason for us to release a PowerPoint presentation," Perino said. "Talking about informational briefings at the White House is -- we don't turn over lots of documents

White House spokesman Scott Stanzel said briefings were held at other federal agencies besides the GSA, for a total of about 20 - most in 2006 and a couple in 2007. They were conducted by White House political director Sara Taylor or Jennings, her deputy.

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All of Bush's Supreme Court nominees should be removed from the bench when the proof comes in that 2000 and 2004 were stolen slections.

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Code word: Idea!

For pete's sake, don't you have another picture of Rove? This one is getting really old.

Is there a hidden political point behind this Smilin' Karl shot?

Does anyone hate this picture as much as my entire family (Muck readers all? If not, I'll just abandon this crusade for pictures of Karl that are more like the picture of Bush at his tarmac lectern that ran in the NYT yesterday.

If anyone has a link to the photo, I'd be grateful.

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Really folks, forget the Hatch Act. It is (and has been, in Democratic Admins as well) regarded as something between a dead letter and a joke. Remember the big flap about Gore's fundraising calls at the WH?

This is just barking up the wrong tree. "impeachment" is not spelled "Hatch Act."

Time to stop crapping around and get serious.

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I love it. When they get caught, the Repugs want us to believe they are stupid and brain damaged... Though that may be true its not their 'recall' that is the damaged part of their brains...

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Glad I have a portable I can turn sideways. WEhat bonehead intern in the House scanned these in and created the PDF so that you have to bend your neck sideways 90 degrees to read these if your sitting at a workstation?
Security code 'seem': seems like such a simple thing...

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Here's how it goes: Bloch at the OSC takes immunized testimony from every one, authorized by Taylor, their US Attorney at the DC district that has oversight on all the subpoenas that Congress hands out, which he will stall in the meantime.
Net result: one prosecution of some fall guy at the bottom, no other cases can be brought due to the immunity offers. And all the evidence gets sealed because no cases are brought, and finally it all goes down the memory hole in the grand shredding party that will be the last month of the Bush Executive Branch.
Junior pardons Bloch and Taylor on his way back to Crawford, so they're never charged with conspiracy...
Criminals always need a getaway plan...

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Rove looks like an albino pig. :-)

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As a 30-year Fed Govt employee in the lower levels of DHHS. I have seen the Hatch Act used only against someone like me. Such as if I had brought in a Kerry poster or wore a Kerry button on my coat during that last Pres. election, I could have been fired for that; and, probably would have. But, the big guys getting caught, I doubt much would happen. The big guys need to be caught intimidating an employee at my level to do their political work before any thing would happen. But, then, again, it would be the lower level employee who would suffer the greatest.

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Silly me. All this time I thought the Bush administration didn't comment on ongoing investigations, but as posted here, Perino is commenting on an ongoing investigation:
http://www.talkingpointsmemo.com/archives/013853.php

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There is no practical or logical reason for the WHITE HOUSE to provide government employees a presentation concerning the elections of POLITICAL candidates other than to evoke their assistance in the elections of those POLITICAL candidates. The presentation itself, regardless of the contrived after the fact excuses, inherently induced government employees to commit a crime. Did the federal employees required to view these POLITICAL presentations believe they were strictly for NON-POLITICAL "informational" purposes? Were the federal employees instructed not to help Republican candidates get elected? How did this information help them do their government jobs? It is not "plausible" that these POLITICAL presentations given by White House POLITICAL appointees were delivered with no POLITICAL expectations! For what reason would a Republican POLITICAL appointee give a POLITICAL presentation to Republican government employees about electing Republican POLITICAL candidates?

Why would the WHITE HOUSE send their POLITICAL appointees to provide federal employees a look at the "POLITICAL landscape" for anything other than POLITICAL PURPOSES!

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Bloch is the key. He's going to run out the clock with a pseudo-investigation. Dems need to figure out: how to remove the Stumbling Bloch?

Posted by: Jim M

This may have allready been said. I haven't read all the posts. The dems need to produce all the evidence that Bloch is a partisan hack, and from what I have heard there is plenty of it. Then demand that he recuse himself in lieu of a nonpartisan investigator. If they dont they will 'regret'(code word) it.

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I have always thought that since Bush came to power we have seen election results through some sort of filter. Who knows, without this corrupting influence the Dems would've won in 04 - with a landslide - and they would've cleaned up in the elections of 06 instead of barely getting a majority.

Would it be too much to state that Dems have to win by an extra margin to offset whatever the Repubs skim off the top?

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http://peer.org/wordpress/?p=112

How a Karl Rove Powerpoint Presentation Works

I first heard of Karl Rove on July 30, 2003. Tom Hamburger’s Wall Street Journal story about Rove’s PowerPoint presentation to officials at the Department of the Interior finally revealed to me, as they say, the man behind the curtain.

While Rove was making his presentation in January of 2002, I was working on an analysis of the effects of a proposed 10-year federal irrigation plan on Endangered Species Act-listed coho salmon in the Klamath River. I was trying to determine whether the proposed project would, in the language of the ESA, “jeopardize the continued existence” of the Southern Oregon and Northern California stock of coho salmon.

I had heard about political pressure on biologists during controversial ESA analyses, but I couldn’t imagine how exactly that pressure could be applied. We have a clear process that requires a “logic train” and there isn’t any way around that no matter what some politician wants, I thought.

Apparently, Rove’s PowerPoint presentation included polling data related to Oregon Senator Gordon Smith’s re-election bid. And Rove reminded the Interior officials of the President’s desire to support Smith’s political base by supporting farmers in Oregon’s Klamath River basin. Rove indicated that the President wanted the Klamath Project ESA consultation to have a specific result – give the water to the farmers.

Meanwhile, back in California, my supervisors and I were hammering out our Biological Opinion. While the evidence was far from conclusive (It never is conclusive in these kinds of analyses.), our finding was that the irrigation plan would jeopardize coho.

Once a draft jeopardy finding is made, the next step is to draft a so-called Reasonable and Prudent Alternative. In other words, I now had to design a 10-year flow plan that would protect the fish and still allow adequate irrigation deliveries. The trouble is that there’s just not enough water to go around in some years.

The federal government has simply made too many promises with the Klamath River’s water. They’ve promised water to farmers so they can support their families and feed the rest of us, and they’ve promised enough water to Native American tribes on the river and commercial fishermen on the coast to support their fish and fisheries.

So I drafted a plan to protect the fish and provide irrigation water with what little water was available. Not surprisingly, the Bureau of Reclamation, which administers the irrigation project, rejected my plan as not reasonable and prudent. So the next step was to meet with Reclamation and try to work something out.

Reclamation came up with an alternative that they thought was reasonable and prudent. I, on the other hand, thought that their alternative was fundamentally illegal in its approach. But I was still ready to analyze their plan to see if it really was adequate to protect coho, and to let the agencies worry about whether the alternative was otherwise legal.

A couple of days later my supervisors and I were informed that we (NOAA Fisheries) would accept Reclamation’s alternative with no further analysis.

I refused to participate, naively thinking that they might need a salmon biologist to explain their salmon opinion. I thought I could apply some back-pressure and get my agency to resort to doing this correctly.

NOAA Fisheries just stuck Reclamation’s alternative in place of my alternative and then signed off on it. There was a gaping hole in the logic of the Biological Opinion, and there was no actual salmon biologist responsible for the thing. But that didn’t seem to bother anyone up the chain of command.

Anyway, as you may recall, Interior Secretary Gale Norton and Agriculture Secretary Ann Vennamen stood with Senator Smith in the spring of 2002 and opened the irrigation canal. And, as you may also recall, later that summer thousands of dead salmon lined the Klamath River. The official estimate is that up to 68,000 adult Chinook salmon and steelhead trout, as well as dozens of ESA-listed coho salmon, were killed. In addition, an estimated 200,000 juvenile salmon died during the summer leading up to the adult fish kill. The official reports conclude that low water flow was a “causative factor” in the kill.

All summer long I considered filing for whistleblower protection and going public. However, I decided that the Biological Opinion was so flawed that it would be quickly rejected, and all I would accomplish was to make trouble for my supervisors who didn’t seem to be the ones pushing the buttons on this thing anyway.

After the fish kill, I naively, once again, assumed that the ESA consultation would have to be redone, so blowing the whistle would still be pointless. A week or two later, however, I heard a NOAA Fisheries official give a speech claiming that the Klamath plan was working fine and they had no intention of revisiting it for several years.

So then I went public.

With the help of Public Employees for Environmental Responsibility, I submitted my Whistleblower Disclosure to the Office of Special Council (the agency that is now investigating Rove’s PowerPoints). The OSC sat on my disclosure for several months beyond their deadline, and then punted by claiming that it was a question of scientific opinion and not law.

More than three years later, the courts finally decided that the Klamath Biological Opinion was illegal – for the exact reasons I had outlined in my disclosure. The court also makes clear that the agency had violated the law and that it wasn’t simply a question of differing scientific opinion.

Some of the court’s opinion is interesting enough to point out:

while [NOAA Fisheries] can draw conclusions based on less than conclusive scientific evidence, it cannot base its conclusions on no evidence. AND, “an agency does not avoid the likelihood of jeopardy to a listed species when it disregards the life cycle of the species in crafting the measures designed to protect it. Nor can the agency provide only partial protection for a species for several generations without any analysis of how doing so will affect the species.

Yikes!

So how does an agency craft an important document like this, based on “no evidence,” which then helps kill perhaps a quarter-of-a-million salmon, and then doesn’t even bother to say "oops?"

Because Karl Rove gave a PowerPoint presentation.

The OSC says that they will leave no stone unturned in this new investigation. I hope they realize that the courts have left them a new stone. And I hope they do a more thorough job of investigating the Klamath Project Biological Opinion process this time.

Mike Kelly

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