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Today's Must Read

More answers, more questions.

The Justice Department's Inspector General has broadened his investigation of the U.S. attorney firings, The Los Angeles Times and New York Times report this morning, to cover Monica Goodling's and others' political hiring of career employees at the department.

And there would seem to be plenty of material there for investigation. For instance, Goodling admitted on Wednesday that she'd openly taken political factors into account in hiring immigration judges.

For good reason, those are civil service positions, not political positions -- and they're supposed to be governed by civil service laws (meaning people are supposedly hired for their professional qualifications, not their partisan ones). They handle matters like deportation proceedings and political asylum requests. And there are only 226 of them. As the NY Times points out, approximately 75 of those "have been appointed during the Bush administration," 49 of those during Gonzales' tenure. So there can be no doubt that Goodling's political hiring practices have had an impact on the nation's immigration proceedings.

Now, in her testimony, Goodling said that Kyle Sampson had told her that there was no problem with taking politics into account in hiring immigration judges. And the reason, he said, was that the department's Office of Legal Counsel had said it was OK. But...

Justice Department officials said no such opinion existed.

They also denied Goodling's assertion that the hiring of immigration judges had been frozen after the department's civil division raised concerns about using a political litmus test.

"There is no disagreement within the department, including between the civil division and the Office of Legal Counsel, about whether the civil service laws apply to the appointment of immigration judges," said Dean Boyd, a Justice Department spokesman. "They do apply."

As Marty Lederman puts it, "Something is happening here, but we don't know what it is. Goodling obviously knew that her conduct in this regard was dubious, and testified about it even though no one had raised any question about it previously, so as to ensure that her immunity would extend to this episode, as well. (She was very well-advised by John Dowd.)"

To hear Goodling tell it, she was assured by the attorney general's chief of staff that there was a legal basis for stocking the nation's immigration courts with political loyalists -- when no such legal basis existed. And the Justice Department now disavows this activity all together. So how much did Alberto Gonzales know about this? And how much did the White House know? More questions...


107 Comments

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"Little by little, the look of the country changes because of the med we admire."

Spoken by "Grandad" in the movie "Hud"

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typo...

"Little by little, the look of the country changes because of the men we admire."

Spoken by "Grandad" in the movie "Hud"

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"I don't care if it rains or freezes, as long as I have my plastic Jesus."

Spoken by Paul Newman in "Cool Hand Luke."

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Wasn't there a bear named Ling Ling . There is a liar named Goodling .

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Have a look at the hiring of Gary Malphrus.

He was a $50,000/year junior staffer on the White House Domestic Policy Office (a political appointee).

He's now a career immigration judge ($141,000/year).

The GAO said his, as well as many other career hires under non-competitive authority were suspicious, and could not be evaluated for lack of information:

http://www.gao.gov/new.items/d06381.pdf

Really, guys. This is worth a read. There is an obscure law that allows political staffers to "convert" to career positions, provided they meet the appropriate criteria. This law has been abused in the past.

Bush's Administrataion has only gotten scrutiny on this issue by the GAO once.

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Now this starts to sound like something impeachable.

Is it not reasonable for us to hold accountable the top guy, when this kind of intentional lawlessness is happening in an organization as critical as the DoJ??

Impeach Gonzales now! Get some serious investigations going, and find out the link to the VP and the President.

This kind of stuff doesn't just "happen". People aren't naturally inclined to break the law (and, rest assured, they knew better). Somebody suggests it, or demands it, or orders it. Somebody higher up.

It feels like this whole thing is just going to blow over. How can we keep that from happening? These issues are not too sexy. They won't get a lot of media attention. But they are the basics of our government, the blocking and tackling that we have to do well in order to have a good government. Otherwise it (the government) will begin to rot from the core -- and I'm pretty sure that's happening.

Impeach now!!!

-- ARG

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So if the information about political factors in career hiring was included to extend the immunity, what was the main criminal activity she was granted immunity for? I am having trouble keeping this all straight...

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"Goodling obviously knew that her conduct in this regard was dubious, and testified about it even though no one had raised any question about it previously, so as to ensure that her immunity would extend to this episode, as well. (She was very well-advised by John Dowd.)""

I don't know if Goodling really was "very well-advised." In fact, I think if she was told to intentionally raise her misconduct that she was ill-served. True she has immunity in that whatever she actually says at the hearing cannot be used against her, but that does not mean she cannot be prosecuted for her actions through proof and evidence derived from other investigations. She has now told the DOJ Inspector General (as well as the EEOC maybe and other investigatory bodies) exactly where to look for potential evidence of her own wrongdoing. They may never have thought to look at immigration judges before this, and those who were turned down for positions as immigration judges may now rethink their rejection and seek to pursue any legal rights they might have.

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Folks...have a quick read of this one and follow the link to the orig. story for a clearer picture of the email addresses.

Does anyone know how to get this post in front of Waxman's eyes?

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is it only me, or is the wording strange? It says: "To hear Goodling tell it, she was assured by the attorney general's chief of staff that there was a legal basis for stocking the nation's immigration courts with political loyalists"

if "har-Monica" is an attorney, why does she pretend to be stupid and ignorant about laws that she is dealing with. why is there no talk about the requirements of the job from day one? Or did they re write the rules for the job, and then give them to her? She pretends to be stupid at times, but then becomes lucid about other things. Now don't quote me, but it appears she both knew the law regarding her position, and admits to breaking that law specifically. Having done so in testimony, and also contradicting doing the same act with another law, is any of her testimony believable?
Would I be wrong to assume congress should be issuing contempt of congress citations, and referring this to DOJ for criminal prosecution?

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So what did we get for her immunity deal? Grudging, weasel-y admissions that Goodling herself broke the law. But was there any actionable information about the other weasels in the DOJ? I think the operative phrase here is "pig-in-a-poke". And, oh joy, we got to listen to yet one more episode of "The Dems Can't Find Their Own Asses with Both Hands and a Flashlight".

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The best question I've read so far about this fetid scandal was in one of the Letters to the Editor in today's New York Times.

In essence the question was, if none of these people (Goodling, Sampson, McNulty, Gonza) think there was anything wrong or illegal about firing 9 or 10 or all the US attorneys - then why can't or won't any of them tell us where and how and with whom the list originated? It's clear they ALL develop selective amnesia about this one question, and yet, they still insist there was no wrongdoing.

I will donate $1000 cash to the campaign of the first Senator who grows a pair and asks that very question.

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It's also time to look at who the replacements are and why they are in their places - as operatives for the now-sadly-standard Republican voter suppression tactics we've all come to know.

Greg Palast makes some interesting claims:

http://www.bradblog.com/?p=4594

I'd love to see some of these "500 emails", and it does dovetail very well with the well-known tactics used in the last several election cycles. At the very least, given the Rove/Gonzales/Griffin track record, it does warrant a closer look.

Security code: when...when indeed?

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And which other* judges was Ms. Goodling and or her subordinates accountable for hiring? Any possibilities this matter affects other departments as well????
I can in fact assure the public of multiple layers of corruption within the Administrative Law Courts of America.I have the proof. America discriminates in courts of law under Gonzo

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@ARG in Chicago:

The rot has been going on for several years. We're only just now beginning to smell it.

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This good "Christian" woman is still covering her own butt and the butts of the Bush administration.

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

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You are so right that Monica was well-advised by John Dowd! In fact, according to a report at thinkprogress.org, it was John Dowd who put the committee member (his name escapes me, but he was one of the last questioners) onto the "ask about the meeting Gonzo had with Monica that made her uncomfortable" line of questioning.

Also Monica admitted that she had taken political affiliation into consideration when hiring career staff, but wasn't sure if it was less than or more than 50 times. If 49 immigration judges have been hired under Gonzo's rule, does this mean most if not all were hired using Monica's "but I didn't MEAN to break the law" questioning?

I was very disappointed in how ill-prepared the committee appeared to be during the hearing. There were SO many better questions that could have been asked, and those answers might have been the key to linking the White House directly to the scandal.

PEACE

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oldtree,

I came to make that point too. She's a lawyer in the fricken Justice Department. Ignorance of the law is not an excuse generally, but triply so for her.

Well, granted she is a crappy lawyer and it would amuse me to no end if in her defence she would cite her sub-par Regency Law education as why she was unaware of these laws.

Remember, Regency is just like Harvard guys...haw

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Let's check on all of Bush's appointee

http://www.whitehouse.gov/news/nominations/

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Let's check on all of Bush's appointees.

http://www.whitehouse.gov/news/nominations/

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Dan D, that's Regents University, Regency.

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Yet, still no one in the administration has a clue how those names got on the firing list? Hmm. Somehow I'm sure Fredo and friends agree with Monica that God reached down from heaven and put pen to paper and initiated those firings.

Instead of spending our time attempting to unwind the implausable answers coming out this administration, we need to help these pathetic Dems in moving forward to impeach Fredo call Rove to testify. If the White House has nothing to hide, then Rove's testimony shouldn't be a problem.

The Dems would be smart to counter Bush's ludicrous claims this investigation has gone on too long, as if he and his stonewalling has nothing to do with the lag.

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This all seems to make an excellent case for graduating from Regent University. Either, we will knowingly leave out of your education the critical information that will allow you to be as naive as a gnat during testimony. Or, we will coach you on how to appear to be as naive as a gnat, but still knowing! Actually, that's not very fair to gnats!

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Sorry, Regents, NOT Regency.

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I still say they need to be talking to the person who tells the mg's what to do everyday.
It's prety clear they do not invent these behaviors on their own.
Who gives the assignments?Who takes role?
Who tells them they are doing well or not?
These people ask questions like they are afraid they may get someone in trouble.

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I keep wondering if Greg Palast has all this incriminating information with these 500 emails why he doesn't make use of them in a constuctive way.......I'm sure some congressman or senator could make good use of them.....I don't understand why more people aren't questioning Mr. Palast's decision to keep them in his pocket when possibly the content could change the course of the country....what's going on with that?

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I keep wondering if Greg Palast has all this incriminating information with these 500 emails why he doesn't make use of them in a constuctive way.......I'm sure some congressman or senator could make good use of them.....I don't understand why more people aren't questioning Mr. Palast's decision to keep them in his pocket when possibly the content could change the course of the country....what's going on with that?

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I keep wondering if Greg Palast has all this incriminating information with these 500 emails why he doesn't make use of them in a constuctive way.......I'm sure some congressman or senator could make good use of them.....I don't understand why more people aren't questioning Mr. Palast's decision to keep them in his pocket when possibly the content could change the course of the country....what's going on with that?

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Time and events may prove me wrong -- I hope they do -- but right now, the decision by the committee to grant immunity to Goodling is looking like extremely poor judgement by the members of the committee. In postings here prior to her testimony, I had argued that the committee should be given the benefit of the doubt with respect to the immunity issue and that surely, such immunity was based upon a worthy proffer.

In hindsight, I was clearly wrong about this and should not have argued that the committee deserved the benefit of the doubt.

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Any info on the Inspector General at DOJ? Is he just a loyal Bushie? If not, I imagine that a number of the older holdovers are ready to re-claim the department's reputation, and will publicly fight any political interference.

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Dowd got goodling to spill her guts about what she did since whatever she says will undoubtedly taint other investigations - if they look at immigration judges because of her testimony it's "fruit of the poison tree" and not usable. That's why Ollie North is on the radio and not in prison where he belongs.

Goodling also had every reason to tell the truth and a huge dis-incentive to lie, since her immunity depends on her telling the truth. As for the hacks still at Justice who now say she's lying, well, as Mandy Rice-Davies would say, they would say that, wouldn't they?

code - "dress" as in "I couldn't help noticing Monica was wearing her own dark blue dress for her testimony."

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What Monica is talking about is nothing other than affirmative action hiring for the Obedience School graduates -- people manifestly unqualified are nonetheless retained and promoted on the basis of shared religious bigotries.

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All that means is that either a) Kyle Sampson lied to her, or b) Monica Goodling misunderstood something Kyle Sampson said to her.

This doesn't strike me as a bombshell. It also doesn't seem like Monica lied to Congress.

This is a perfect picture of why unquestioning fealty is so wrong.

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Tulkinghorn @May 25, 2007 10:22 AM

"what was the main criminal activity she was granted immunity for?"

The main criminal activity, which nearly no one seemss to be picking up yet, is the one Goodling mentioned in her opening statuement: caging. The votes of thousands of citizens were stolen, including those of soldiers serving in Iraq.

Greg Palast of the BBC has hard evidence against the caging conspirators.
http://www.bradblog.com/?p=4594

Goodling would do serious time if implicated in the caging conspiracy, which is why Dowd had her lay it out while under immunity.

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Did anyone notice that Goodling kept saying, "I never met with Rove"? She seemed to be very specific in saying "met" or "never had any meetings". Does that just mean she never met face to face with him about the purge, and maybe she had lots of phone calls with him or emails from him, or hell, maybe even text messages, since he's purported to love his Blackberry so much? And whenever she asserted that she had not "met" with him, how come no questioners followed up by asking if she and Rove communicated outside of meetings, or if she communicated about the purge with his staffers? And have I missed it, or has Sara Taylor and whoever else from Rove's office not testified yet? OK, so everyone from DOJ keeps asserting that ROVE didn't tell them to do this or that, or add this or that person to the purge list, but how come no one seems to be asking if anyone from Rove's office or anyone that works with Rove directed DOJ to purge anyone? It's like the questioners dance up to subject of ROVE, but then they quickly back away with their tails between their legs instead of following up by saying "people who work in Rove's office", or "people who work with Rove".

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Did anyone notice that Goodling kept saying, "I never met with Rove"? She seemed to be very specific in saying "met" or "never had any meetings". Does that just mean she never met face to face with him about the purge, and maybe she had lots of phone calls with him or emails from him, or hell, maybe even text messages, since he's purported to love his Blackberry so much? And whenever she asserted that she had not "met" with him, how come no questioners followed up by asking if she and Rove communicated outside of meetings, or if she communicated about the purge with his staffers? And have I missed it, or has Sara Taylor and whoever else from Rove's office not testified yet? OK, so everyone from DOJ keeps asserting that ROVE didn't tell them to do this or that, or add this or that person to the purge list, but how come no one seems to be asking if anyone from Rove's office or anyone that works with Rove directed DOJ to purge anyone? It's like the questioners dance up to subject of ROVE, but then they quickly back away with their tails between their legs instead of following up by saying "people who work in Rove's office", or "people who work with Rove".

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There was a recent opening of the ALJ federal register at the Office of Hearings and Appeals which is the administrative appeals unit for Social Security Administration. For all intents and purposes, it was a secret, lasted only five days, and closed almost before anyone knew about it. There was also a recent recess appointment of a CATO Institute person as as Deputy Associate Commissioner for SSA.

You can reas a bit about it here: http://ssaconnect.com/component/option,com_forum/Itemid,0/page,viewtopic/t,5630/#18593

I doubt that the immigration judges are the only ones being subjected to political litmus tests in the selection of administrative law judges.

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Spencer's Mom - Rep Artur Davis of Alabama took that line of questioning. After his first 5 minutes expired, two other Dems yielded their time to him to follow through with Monica.

Rep Adam Schiff of California also had 10 minutes to ask probing questions about that office meeting with Gonzales.

BTW, Marty Lederman and others at Balkinization provide knowledgeable lawyers' input on this and other writings and hearings. I've been following some of their arguments (the ones I can comprehend!) for several months.

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Here's the story of White House junior staffer turned immigration judge Malphrus. It's very much worth a read.

http://www.law.com/jsp/dc/PubArticleDC.jsp?id=1150275917246

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Monica Goodling is a wicked sinner and a bad Christian. While working to purge the heathens and Phillistines from the holy halls of justice, she allowed her activities to be detected by the enemy. Now the whole ritual purification effort may be in jeopardy. She will surely roast slowly in the fires of hell for this and the Devil has a red hot poker ready for her.

code: flower. As in flower of evil.

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polkadotpoodle

John Conyers would be interested in seeing Palast's emails. Conyers posted on DailyKos just hours after Wednesday's hearing.

Goodling Testimony Revealing (Except to Republicans)
http://www.dailykos.com/story/2007/5/23/184541/682

Since much of the discussion focused on the caging issue, he blogged again to reply.

"Caging and voter suppression has long been
a concern of mine and we will be looking into this issue a great deal."

by Congressman John Conyers on Wed May 23, 2007 at 03:58:11 PM PDT

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Very quick research reveals that several federal employment laws, and perhaps civil rights laws, were violated by Goodling's use of political tests for employment at DoJ. The EEOC is probably OBLIGATED to investigate. And, even more fun, the persons denied employment have several avenues for civil action against Goodling and others at DoJ, and other agencies, who used such practices.

We could get a class action going. Better set up that legal defense fund soon, Ms. Goodling, because no immunity against big fat lawsuits. My favorite would be under Section 1983 of the Civil Rights Act of 1964 for violating the applicants First Amendment Rights.

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Weren't they thinking of making Margaret Chiara an immigration judge?

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"I don't care if it rains or freezes, as long as I have my plastic Jesus."

Spoken by Paul Newman in "Cool Hand Luke."

Posted by: Not Him, Another Guy

Sung, I believe, by Harry Dean Stanton. But my memory of the movie is a bit hazy except for the scene of that young lady washing her car.

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This morning I sent John Conyers a letter expressing my disappointment at the poor performance of the Democratic members of the committee, with the exception of Mr. Davis and Mr. Ellison. Also the 5 minute rule is a joke. How can anyone mount a targeted line of questioning with just 5 minutes. 5 minutes just allows for 3 minutes of grandstanding. Contact the HJC & SJC otherwise these clowns are going to let it blow over.

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She was well prepared by Dowd and her handlers. She said just enough to deflect the questioners and her immunity allowed her to admit just enough about political hiring at the DOJ without any legal consequences. Her little-girl voice and senior-class-president-candidate earnestness caught some of the questioners off guard. Most of the Dems seemed afraid to be aggressive for fear of being labeled bullies by Fox noise. The republicans who
I know Conyers's position in the judiciary committee is probably about seniority, but he is an embarrassment with his mumbling bumbling questions. I don't recall anyone from the GOP sounding this dithered when they put Clinton on the grill.

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The collective testimony of all of the cream of the crop at DOJ before legislative committees seems like a giant wheel of Swiss cheese. It's tragicomic in a phenomenal way.
And gcs, it's going to take more than a grand. They're corrupt but NOT cheap.

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As to Ms Goodling's comments about not meeting with K. Rove there is something from history that might be relavent. During the 3rd Reich, party functionaries often times did not recieve "orders" or directions on what to do. As true believers of the ideology they KNEW what was EXPECTED and acted accordingly. Those who took initiative on their own without orders or direction were often rewarded with more power and priviledge.

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Greg Palast seems to have confirmed (with hard evidence)the much more devious motivation behind the 'caging' operation mentioned by Monica Goodling in her testimony. This is where the media needs to go with this:

Here's a link: http://www.bradblog.com/?p=4594

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This jumped out at me, as it relates to many other legal issues: ". . .was assured by the attorney general's chief of staff that there was a legal basis for . . ."

Lawyers "assuring" other people of things; yet, there is no reasonable basis for that assurance. Seems similar to the FISA violations, renditino, prisoner abuse, illegal warfare, DOJ OPR getting blocked.

Time to get the spotlight on the broader legal issues; and take the lessons of the US Attorney firing e-mails: WH legal, political, and public affairs personnel were jointly asserting things that could not be reasonably linked with lawful activity.

Of special note is the assertion/finding by the Judge Vaughn adjudicating the NSA-AT&T litigation, where he found that no reasonable person could conclude the activity was legal. In light of Comey's testimony, and the assuraces above [the quote listed], it appears there is a rasonable basis to expand-generalize the findings and look squrely at the WH legal counsel office as it relates to memoranda on abuse [Bybee Memo]; public inconsistent statements on rendition [Berenson commenting about taking risks; then contradicting himself saying he can neither confirm nor deny the issues]; and the findings on FISA violations [Gonzalez asserting there was not enough staff to comply with FISA requirements; yet Comey concluding the program was not lawful].

This is not a political issue, but a legal one: To what extent legal counsel have inducted others to vioalte the law, not comply with their legal requirements, and have inducted the leadership to belive that war crimes were acceptable.

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The "fruit of the poisonous tree" doctrine prevents them from using her testimony to develop leads to use against HER. But they can use her testimony and leads from it to prosecute others as much as they want.

and, of course, her testimony may be used against HER in civil suits by applicants denied employment for political reasons.

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"Dowd got goodling to spill her guts about what she did since whatever she says will undoubtedly taint other investigations - if they look at immigration judges because of her testimony it's "fruit of the poison tree" and not usable." --- i am not deep throat Date: May 25, 2007 10:55 AM

Sorry, but that is incorrect. Only Monica Goodling is protected by the grant of immunity. If her testimony leads to investigation of others, they are fair game and have no protection.

The "fruit of the poisonous tree" doctrine stems from the exclusionary rule established in Weeks v. U. S. and applied to the states in Mapp v. Ohio. It bars the use against a defendant of evidence obtained illegally. Evidence obtained legally -- for example, against immigration judges though initiated by immunized third-party testimony -- most certainly is admissable.

The Supreme Court held that Oliver North's own immunized testimony that eventually led to his criminal conviction and, therefore, was inadmissable. The government claimed that it developed the case against the disgraced lietenant colonel independently, but the Court disagreed and overturned his conviction.

Just to set the record straight.

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Posted by: lawrence kansan
Date: May 25, 2007 11:06 AM

Good catch on Goodling never "meeting" with Rove: Where are the e-mails from Rove'w blackberry to Goodling. If there was "nothing" going on between Rove and Goodling, what does someone who is in WH "liasion" really do by way of "different job tasks" than what she was doing in EOUSA?

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Uncle Don

Isn't that what I just said about poisonous tree? Immunized testimony, and any leads therefrom, may be used against others in criminal cases and against HER in civil cases.

sue

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Can we say, "Special Prosecutor Time."

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Monkey see, monkey do, the President has no regard for non-beleivers, why should I?

I watched a clip of Pres. Asshole in China and he said he would say a prayer for all Christian in China.

What is the matter with this jerk, I'm sure a prayer for all the people of China would have been in order.

Just what is the President drinking these days?

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Whatever in the world does any investigation of the Booosh/Cheney administration matter now? The "Democrats" in congress and the senate have sold the people out, stabbed us in the back, enabled bush with their vote of continued funding of the Iraq without a pullout date. For me the "Democratic" party is dead!

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Both the Senate and the Congressional JC have got to put their ego's aside.

He's some warfare tactics the must be used.

The next time anybody on this issue is in front of these Committees - you assign the pit bull - you gather the questions...and that pit bull gets to ask all the questions...yeild boys, yeild.

The pit bull hammers the witness for 5 minutes...the witness gets his/her obligitory "you rock and aren't the dems evil" from the next R...the next D yeilds to the pit bull...and we're off. Imagine the effect that would have on the witness - as the R is praising the witness...he/she will soon know that they are going to face the bit bull over and over again...that my friends is how you play war in the Republican world and win.

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to Uncle Don

Also, Mapp v. Ohio, and the Exclusionary Rule generally, applies to ILLEGALLY obtained evidence in violation of a person's constitutional rights.

This prohibition on use stems from her immunity deal. Evidence derived would be unusable against her in criminal cases, but not "illegal."

if you are going to give detailed legal commentary, make sure it is correct next time. This is a sophisticated audience here.

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This comment by Waxman on GSA, seems eerily similar to what's been going on with the US Attorny firings, DOJ OPR, FISA-NSA, illegal prisoner abuse, war crimes, manufactured data on WMD, blocking efforts to impeach the President, stupid questions by the House Judiciary Committee indicating they are not versed on the issues: "It
would be a serious abuse if your statements were part of an effort to retaliate against these
witnesses for cooperating with the Oversight Committee's investigation."

http://www.tpmmuckraker.com/archives/003296.php

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Goodling's misconduct should be the last straw for Gonzales. Gonzales' number one priority has always been to be a "loyal Bushie" par excellence. He has operated the DOJ to promote and further entrench "loyal Bushies" in government service. Job competency, dedication to the greater good of the country and commitment to upholding the Constitution and law are merely afterthoughts for Gonzales and his cabal of Bushies.

Gonzales signed a secret order allowing Goodling (and Sampson) to make decisions on hiring and firing political appointees. Gonzales also had Goodling making hiring decisions over non-political lawyers and judge positions and Goodling broke the law by investigating/considering political affiliation of applicants for these positions. Either Gonzales knew what Goodling was doing and encouraged it or was shown to be, once again, an incompetent Attorney General who is incapable of running the DOJ.

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Citizen 92- Thank you for posting the GAO report of May 1, 2006. I paged through it, and note Appendix V, "Conversions Where It Could Not Be Determined Whether Appropriate Authoriries And Proper Procedures Were Followed." These are the 19 (of 144) cases noted by the investigators as not having sufficient information to make an evaluation. Interestingly, three cases are from Health and Human Services, and the other 16 are DoJ appointments. The total number of conversions reported for Justice during the study period of 2001-2005 is 26, so the majority are "suspect". The positions are wide-ranging, as shown in the charts, pp 77-78. I want to read the GAO recommendations which are in the report.

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As one old enough to remember Congressional hearings from back in the 1960s and even the 50s (although more than a bit hazily), it seems to me that the process has lost a lot of punch because the questioning has been taken over almost entirely by grandstanding Congress Critters. Back then staff attorneys did a lot of the interrogation, and it seemed to be more focused and planned. Now each Critter gets his or her few minutes in the sunshine and there's little if any coordination about who will cover what, and many low hanging fruit that have been revealed don't get picked because time is up and the next one up has his or her own agenda and doesn't follow up. Anyone else remember things that way?

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It has been well known in government circles that government agencies, and DoJ in particular, as borderline and not so borderline political questions of career applicants. This is a very broad problem and Monica did not think it up or engage in it alone.

Favorite question to lawyer applicants: Are you a member of the Federalist Society? If not, why not? If so, why haven't you been to the meetings?

This is the absolute truth.

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Minn

I do, and it's time for the Congresscritters to check their ego's at the Chamber doors and let someone who knows how to interrogate "gett'er done".

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yes, often committee counsel did most of the questioning -- but not so much nowadays because of so much TV exposure. Back then, no CSPAN. Particularly House members need every mjnute in the sun they can get. It's pretty dark over there unless you step up.

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Greg Palast says he has a bunch of emails that dropped out of the sky.
I seem to remember a certain document that dropped out of the sky on Dan Rather.

And why do people keep posting about this thing here over and over and over. Quit it willya. Enough is enough.

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GOP NAIVELY ASSUMED THERE WOULD BE PERMANENT SHIELDS TO DISCOVERY OF ILLEGAL WH-EOP-DOJ ACTIVITY

Here's the quote from the AT&T litigation [where Berenson is counsel] which, strikingly sounds similar to the above issue: "AT&T cannot
seriously contend that a reasonable entity in its position could have believed that the alleged domestic dragnet was legal."
http://www.eff.org/legal/cases/att/308_order_on_mtns_to_dismiss.pdf

Contrast the above quote about NSA -- where there was "no reasonable" basis to assert it was legal -- with the quote from the US Attorney issue [above at TPM]: ". . .was _assured_ by the attorney general's chief of staff that there _was a legal basis_ for . . ."

1. Discredited Shield: Internal DoJ-WH Memorandum Related To Alleged Illegal Activity Cannot Be Shielded, but is evidence

Where are the memorandum "assuring" DoJ Staff counsel that the "concerns" they may have had about the political-related decisions were "not an issue"?

2. Discredited Shield: Assertions of concerns without evidence to believe concerns were real

Once Goodling was "uneasy" about the conversation she had with Gonzalez, who else did she talk to about her concerns; how were these concerns documented; and what was Goodling told-assured to dismiss concerns she and others may have had about the legality of what they were doing?

3. Discredited Shield: WH Legal Counsel Arguably Reckless, Unreliable

How does the "assurance" that there was a "legal basis" for an issue compare with the Bybee Memo in re prisoner abuse?


4. Discredited Shield: Unitary Theory of Presidential Power

How did the AG-Presidential "decision" to "block" DOJ OPR get explained away with "assurances" that things were going to be just fine?

5. Discredited Shield: WH Political Cooperation With Outside Counsel To Editorialize Using Dubious legal Positions, Dissuade Congressional Oversight

To what extent were WH political offices involved with the "assurances" that things would work out on the assumption that the RNC would retain control of Congress; and the GOP would be able to dissuade US Attorneys from prosecuting these DOJ Staff counsel for their caging efforts?

6. Discredited Shield: The GOP Permanent Control of Government Not Assured

What was the basis for the "assurances" from the White House, president, Rove and others in the GOP that nothing would come of FISA violations, abuses, rendition, prisoner abuses, illegal surveillance, warrantless monitoring?

7. Discredited Shield: Improper classification, Invalid reliance on Executive
Privilege

To what extent was the -- now discredited argument -- that the activity was "classified" or "privileged" and would not see the light of day; yet the facts-evidence shows the opposite: That there was as illegal activity; no basis for classification of that illegal activity; that counsel knew or should have known prisoner abuse-FISA violations-illegal surveillance was not protected; and the President's fatal-public assurances about prisoners in Eastern Europe/FISA violations/warrantless surveillance would be admissible, and that executive privilege would not prevail?

8. Discredited Shield: RNC Spin To Affect Judicial Branch

To what extent is the lesson of the US Attorney firing e-mail/spin -- e-mails showing that the WH political-legal-public affairs office engaged in spin to muddy the waters on the US Attorney firings -- part of the plan to "ensure" that the legal challenges to the WH, DOJ staff conduct would amount to "nothing"; or used as the basis to "reassure" WH-EOP-DOJ Staff that nothing would happen?

9. Discredited Shield: President Decision To Ignore the FISA Court

To what extent were the Presidential assertions -- on the basis of allegedly reckless legal advice by WH counsel, that he could ignore the FISA court "During a time of war -- based on dubious, reckless, invalid, or unreasonable reviews of the FISA requirements, and substantially below what WH legal counsel should have been advising in light of clearly promulgated "exclusive" means to conduct surveillance against American citizens without a warrant?

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bubba writes: >

Close but no banana. Though I'm not a lawyer, I'm pretty sure Monica's immunity covers even evidence that is turned up as a result of leads provided in her "immune" testimony. However, investigators already had a pretty good record of her discriminating against Democrats and non-Federalist Society members; her testimony that she did it is simply the icing on that cake. She can be prosecuted for whatever the investigators turn up independent of her testimony.

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For an agency with the primary mission of defending and strengthening our nation's laws, courts and system of justice, Gonzalez's Department of Justice sure has a lot of employees in key positions who either break the law, claim ignorance of the law or who repeatedly try to get around the law for partisan political purposes.

Gonzalez's appointment to important DOJ positions of in-over-their-head newbies, partisan evangelical operatives and outright ignoramuses is an indictment of Gonzalez's leadership abilities, whether or not he committed perjury or broke laws.

All those DOJ lawyers serving a bunch of knee-jerk conservative amnesiacs. What a shambles the Justice Department has become under Gonzalez.

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@ Books Alive

Remember that the GAO's report is only as good as the information the investigators can get. And, in this case, the personnel records were in control of the Agencies or the Office of Personnel Mangement.

Keep in mind too that Kay Cole James used to be the Director of OPM. James, who was once a Vice President at Focus on the Family and later the Dean of Government at Regent University before she came to the Bush Admin's OPM, was responsible for government-wide personnel policies and strategies.

You can bet the farm that she's somehow involved in this. Heck, Monica Goodling was a 1999 dual major at Regent -- Law degree -- and a Master's in Public Policy/Government (Coles' department back then!).

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The Goods on Goodling and the Keys to the Kingdom

Special to BRADBLOG
by Greg Palast

This Monica revealed something hotter — much hotter — than a stained blue dress. In her opening testimony yesterday before the House Judiciary Committee, Monica Goodling, the blonde-ling underling to Attorney General Alberto Gonzales and Department of Justice Liaison to the White House, dropped The Big One….And the Committee members didn’t even know it.

Goodling testified that Gonzales’ Chief of Staff, Kyle Sampson, perjured himself, lying to the committee in earlier testimony. The lie: Sampson denied Monica had told him about Tim Griffin’s “involvement in ‘caging’ voters” in 2004.

Huh?? Tim Griffin? “Caging”???

The perplexed committee members hadn’t a clue — and asked no substantive questions about it thereafter. Karl Rove is still smiling. If the members had gotten the clue, and asked the right questions, they would have found “the keys to the kingdom,” they thought they were looking for. They dangled right in front of their perplexed faces.

The keys: the missing emails — and missing link — that could send Griffin and his boss, Rove, to the slammer for a long, long time.

Kingdom enough for ya?

But what’s ‘caging’ and why is it such a dreadful secret that lawyer Sampson put his license to practice and his freedom on the line to cover Tim Griffin’s involvement in it? Because it’s a felony. And a big one.

Our BBC team broke the story at the top of the nightly news everywhere on the planet - except the USA - only because America’s news networks simply refused to cover this evidence of the electoral coup d’etat that chose our President in 2004.

Here’s how caging worked, and along with Griffin’s thoughtful emails themselves you’ll understand it all in no time.

The Bush-Cheney operatives sent hundreds of thousands of letters marked “Do not forward” to voters’ homes. Letters returned (”caged”) were used as evidence to block these voters’ right to cast a ballot on grounds they were registered at phony addresses. Who were the evil fakers? Homeless men, students on vacation and — you got to love this — American soldiers. Oh yeah: most of them are Black voters.

Why weren’t these African-American voters home when the Republican letters arrived? The homeless men were on park benches, the students were on vacation — and the soldiers were overseas. Go to Baghdad, lose your vote. Mission Accomplished.

How do I know? I have the caging lists…

I have them because they are attached to the emails Rove insists can’t be found. I have the emails. 500 of them — sent to our team at BBC after the Rove-bots accidentally sent them to a web domain owned by our friend John Wooden.

Here’s what you need to know — and the Committee would have discovered, if only they’d asked:

1. ‘Caging’ voters is a crime, a go-to-jail felony.

2. Griffin wasn’t “involved” in the caging, Ms. Goodling. Griffin, Rove’s right-hand man (right-hand claw), was directing the illegal purge and challenge campaign. How do I know? It’s in the email I got. Thanks. And it’s posted below.

3. On December 7, 2006, the ragin’, cagin’ Griffin was named, on Rove’s personal demand, US Attorney for Arkansas. Perpetrator became prosecutor.

The committee was perplexed about Monica’s panicked admission and accusations about the caging list because the US press never covered it. That’s because, as Griffin wrote to Goodling in yet another email (dated February 6 of this year, and also posted below), their caging operation only made the news on BBC London: busted open, Griffin bitched, by that “British reporter,” Greg Palast.

There’s no pride in this. Our BBC team broke the story at the top of the nightly news everywhere on the planet — except the USA — only because America’s news networks simply refused to cover this evidence of the electoral coup d’etat that chose our President in 2004.

And now, not bothering to understand the astonishing revelation in Goodling’s confessional, they are missing the real story behind the firing of the US attorneys. It’s not about removing prosecutors disloyal to Bush, it’s about replacing those who refused to aid the theft of the vote in 2004 with those prepared to burgle it again in 2008.

Now that they have the keys, let’s see if they can put them in the right door. The clock is ticking ladies and gents…


***************
Greg Palast is the author of the New York Times bestseller, Armed Madhouse: From Baghdad to New Orleans - Sordid Secrets and Strange Tales of a White House Gone WILD. For more info, or to hear Brad Friedman, Ed Asner and other troublemakers read from Armed Madhouse, go to www.GregPalast.com

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" Goodling said ...department's Office of Legal Counsel had said it was OK. But...Justice Department officials said no such opinion existed."

Actionable lie? Does that suspend her immunity? Or is the DOJ lying?

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"the department's Office of Legal Counsel had said it was OK".

Let's reflect on that a momont. Was this just a verbal OK? If not, where is the paper trail and did that paper trail cite the legal ruling authorizing such action.

Was Goodling just sloppy and stupid? From what she said yesterday she is still the one under the gun for criminal behavior, with only her immunity saving her.

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Rovacula is no doubt reading this site during his ritual early morning purge and having a good laugh before going into work. Without evidence released there is no way that you get him in the hot seat. Palast has the evidence. Conyers is privy to it in my understanding. Either the brownshirts go after Palast or make it inadmissable or some combination but lawyers who actually beleive that grilling the bush hitler youth in an effort to get to the upper echelons are fooling themselves. Rove knows that this strategy of keeping the lid on investigations by rolling a few cockroaches under the bus always works with weak-ass farty old democrats.

Until we see "the 500" there is zero hope of further prosecution. Look what happened in the b.s. D.C. Madam case. The white house throws a wet blanket over it the minute Cheney and his penile implant turn up in the case. They get on the blower to the whore Media and the plebians are then told to move along, nothing more to see here. Just another day in the life of Winston Smith. Abu Gharib is clearly and blatantly about Dr Rumeslove and Cheney and the entire Army central command and Winston Smith is told "nothing more to see here fella, time to move along". Dozens of scandals have been handled very effectively by this strategy. As long as democrats feel they are little boys and girls who have to testify in court against their own brutal and sadistic fathers no one will come close to airing out the truth. And Rove can handle the leaks. Palast is no problem as long as Palast is marginalized and he will be marginalized. Conyers is an old man minus now the spunk necessary to mount this Whore and ride it down.

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Posted by: Buck
Date: May 25, 2007 12:07 PM

Sorry if the repetition of the caging issue offends you, but the caging issue itself offends many others. Thousands of eligible voters were illegally removed from the voter roles. The person who was in charge of the conspiracy currently serves as the United States Attorney for Eastern Arkansas. That activity very well may have affected the outcome of the 2004 Presidential election.

If in the next election, when you arrive at your polling station and discover you discover that you are ineligible to vote because your name is no longer on the list, you may reflect back that those persons who showed outrage at the discovery of caging by the RNC may have had good reason to be outraged.

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I expect after the country has its about-face in 2008 there will be an outright bloodletting, not just in Justice, but throughout - anybody tainted by the tag "loyal Bushies" will be out on the street. In fact, I think the nation will demand it. Even now, if anybody that I do business with even has a hint of loyal bushie, I refuse to deal with them. I justify it by their total lack of judgment and tend to question their competence.

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Caging. Election fraud is what this is all about, and make no mistake that the Bush Regime is laying a foundation for the next round as well.

Combine the election rigging with the new action to put "the Decider" in charge after a national crisis adn what do you get? Imagine this: Polls showing Republican candidate down by 25 points going in to the election, despite the preemptive war with Iran, A bomb in Arkansas, or Missouri - somewhere with a new US attorney/Sycophant/Bushie.

Martial law, elections cancelled or negated by crooked courts under "special circumstances..."

Don't think it couldn't happen. If we put the parts together, most of it already has.

Security code "safe" I don't think so.

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"Something is happening here, but we don't know what it is." (Do you Mr. Jones?)*

Bob Dylan turned 66 yesterday. You'll, of course, remember it was he who said "Even the President of the United States must sometimes has to stand naked."**

(Just though I'd share)

*From "Ballad of a Thin Man"

**From It's Alright Ma (I'm Only Bleeding)"

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"...reckless legal advice by WH counsel"

"...legal counsel have inducted others to violate the law"

To the poster(s) above, at 11:29am and 12:10pm today: YES!

Indeed this is a big problem, and an old one. Many laws and procedures in the Executive Branch require "seeking a written legal opinion" and this requirement has been widely abused.

It appears one can secure a written legal opinion for anything, because one can always find/pay a partisan-enough or evil-enough lawyer to write it.

I recall abuse of this principle from Iran Contra, many CIA activities, NSA activities, Yoo on torture, and many other examples. What began as a sensible precautionary measure, to seek a legal opinion, has become permission to carry out crimes.

This allows the perps to say, "Hey what do I know about the intricacies of the law? I'm just a politician, and I did seek a legal opinion, just as I am required, and I acted in good faith on that basis..."

I don't know how to work our way around this, except to disbar or otherwise punish the lawyers who are willing to undermine justice in this way. But, for example, Yoo, the Torture-is-the-American-Way guy, is making 150K+ teaching his legal views at UC Berkeley - some punishment for okaying the torture of children! I can only hope the guilt rots a hole in his brain, and leaves him an empty man. Unfortunately, he stands as an idol and role model for lawyers and law students everywhere.

I don't believe in final justice in some post-death world, so it is important that we punish these people here and now, or they really do get away with it.

tjallen

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"So if the information about political factors in career hiring was included to extend the immunity, what was the main criminal activity she was granted immunity for? I am having trouble keeping this all straight...

"Posted by: Tulkinghorn
Date: May 25, 2007 10:22 AM"

Caging.

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""Goodling obviously knew that her conduct in this regard was dubious, and testified about it even though no one had raised any question about it previously, so as to ensure that her immunity would extend to this episode, as well. (She was very well-advised by John Dowd.)""

"I don't know if Goodling really was "very well-advised." In fact, I think if she was told to intentionally raise her misconduct that she was ill-served. True she has immunity in that whatever she actually says at the hearing cannot be used against her, but that does not mean she cannot be prosecuted for her actions through proof and evidence derived from other investigations. She has now told the DOJ Inspector General (as well as the EEOC maybe and other investigatory bodies) exactly where to look for potential evidence of her own wrongdoing. They may never have thought to look at immigration judges before this, and those who were turned down for positions as immigration judges may now rethink their rejection and seek to pursue any legal rights they might have.

"Posted by: bubba
Date: May 25, 2007 10:24 AM"

That's a very good point. The limited immunity agreement is only between the House Judiciary Committee and Goodling. It doesn't apply to other House committees, or to the Seante, or any other investigative body.

Goodling might have been advised by Dowd to let on where the bodies are buried in order to get lesser punishment down the road for being "cooperative".

The reality is that, though doubtless told by word or action, long ago, that anything goes, she at the DOJ did what she did willingly. She didn't need to be told to ask political questions. SOP.

But that doesn't mean she wasn't. Or that her superiors, and co-equals, didn't know it. Or that it wasn't an affirmative, aggressive policy. She was entirely a political operative, and that is what she was required to be. And apparently had so little compunction against being that that she was promoted with remarkable speed.

This gets better and better, and isn't going away any time soon. I want to see her testify to the Senate Judiciary Committee, under oath, and with no immunity.

I'd also like to see what's in the unredacted documents she apparently did give to the House Committee.

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Ms. Goodling, like so many of today's Republicans, appears to have been born without an ethical compass, a defect that, apparently, no amount of "Christian" education can correct. I thought the funniest aspect of her testimony actually came from her attorney. While she was admitting to the house committee that she inappropriately used political affiliations as a criterion for interviewing job candidates, her attorney was whining about the 'politically charged atmosphere' that was causing her to plead the fifth.

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Bubba,
She was very well advised.
The fact that she told the committee where to look for her crimes gets her off the hook.
It's the "fruit of the poison tree" argument."
That's why Ollie North never did the time either.

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"Also Monica admitted that she had taken political affiliation into consideration when hiring career staff, but wasn't sure if it was less than or more than 50 times. If 49 immigration judges have been hired under Gonzo's rule, does this mean most if not all were hired using Monica's "but I didn't MEAN to break the law" questioning?"

Why did the questioner settle on the number 50? Perhaps because he knows more than we. And wouldn't that be a surprise: that the Congress have more evidence than those who bash the Democrats for not doing the impossible, or the perfect?

"I was very disappointed in how ill-prepared the committee appeared to be during the hearing. There were SO many better questions that could have been asked, and those answers might have been the key to linking the White House directly to the scandal."

"[A]ppeared" to be. Ever hear of rope-a-dope? I mean, why assume the worst, when, with the same lack of evidence, one can assume the best?

"Posted by: Spencer's Mom
Date: May 25, 2007 10:31 AM"

It's the same with the appropriations bill. The Democrats hadn't the votes to defeat it, or to override a veto, because the Republican'ts haven't yet joined them in doing that.

So who gets bashed for that reality?

The Democrats.

Who's stoopid? The Democrats for not doing that they cannot yet do? Or those who bash the wrong political affiliation?

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Frankly, I don't care if they gave Monica immunity if it provides valuable information to get this Administration and restore the DOJ. It would seem that as far as she is concerned, there would be enough information to dis-bar her, which, is not part of immunity.

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"This all seems to make an excellent case for graduating from Regent University. Either, we will knowingly leave out of your education the critical information that will allow you to be as naive as a gnat during testimony. Or, we will coach you on how to appear to be as naive as a gnat, but still knowing! Actually, that's not very fair to gnats!

"Posted by: JM
Date: May 25, 2007 10:40 AM"

We already know the right-wing religionuts are only concerned with whether others than them have ethics. But:

Is Regents Law School accredited (by ABA)?

What are the criteria for accreditation? Is education in ethics a requirement?

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Wonder what relationship the politically-vetted immigration judges have to Court of Appeals recent and growing criticism of the outcomes of immigration hearings (i.e., chastising immigration judges for not properly considering evidence). Take a look at this article from 7/31/05 . . . and it appears that the criticism of IJ's continues (including in a decision released as recently as today, criticizing an Immigration Judge & the Board of Immigration Appeals for unreasonably discounting the prospect of harm to a woman and husband who fled Cameroon to avoid genital mutilation) - the Court decision mentions, for example, that the immigration judge "quotes selectively" from human rights reports. http://www.ca7.uscourts.gov/tmp/3E0SLA06.pdf Wonder how many of these harshly criticized IJs are from the current wave of political appointments?


http://findarticles.com/p/articles/mi_qn4196/is_20050731/ai_n14828243
"People seeking asylum in the United States are gaining support from an unexpected source: the Chicago-based 7th Circuit U.S. Court of Appeals and, in particular, its best-known judge, Richard Posner.

"The appeals court, which oversees Wisconsin, has seen a major jump in its immigration caseload since 2002, when the U.S. attorney general streamlined the processing of immigration cases to clear a huge backlog. The court has issued a string of opinions criticizing sometimes in harsh tones how immigration judges have ruled against asylum-seekers. . . ."

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here's what's happening: goodling, good soldier, agrees to take the fall for her bosses: "i was over zealous! i thought it was maybe wrong, all 50+ times, but i didn't mean to do it... i'm just a quiet girl."

she admits the wrong, but with what result? she won't say who told her to do it (and that wasn't even ASKED wtf?), but what she admits doesn't matter anyway, because she's got immunity.

take the fall, don't rat anyone out (except the 2 people who have already resigned, natch), and "suffer" the consequences: probably a nice teaching spot at Regent U law school.

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True seperation of church and state would bar law from being taught at a religious school. Exception being religious law can be taught but not leading to a degree in law.

Besides, who ever heard of a good Christian lawyer?

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Security Codeword: SOAP.

As in, using soap to wash out Monica Goodling's lying mouth, and then sticking a bar of soap in her mouth until she promises to tell the truth and nothing but the truth, so help her God.

As in, using industrial strength soap to scrub the entire White House from top to bottom to remove the foul stench of the worst administration in American history.

As in, using soap to clean the Department of Justice from top to bottom, scrubbing and scrubbing until all the Republican partisan filth is removed.

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Again, this is sufficient evidence of criminal conspiracy. Where are the RNC and other non-governmental emails? Apparently, the Republican Party asserts that these emails "belong to the Executive" branch, even if they are evidence of a crime and even if they don't exist.

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Oh, another thought:

Combine Goodling's (Gonzales? Rove? Bush? Cheney? All of them?) packing the immigration judge positions with "loyal Bushie," unqualified partisan hacks...with the Republicans handing a $385 million no-bid contract to one of their "loyal Bushie" corporate pals to build "detention centers" around our country to deal with "immigration, and for other purposes."

And then there was the recent report that Blackwater, the private/for-profit mercenary firm, is trying to get approval to build another "training facility" on the West Coast to go with the two they already have, in the Midwest and on the East Coast, paid for, of course, with taxpayer money generously given to them by the Bush administration. No oversight. No accountability.

One has to wonder what the "other purposes" are that are mentioned in passing in the bill authorizing $385 million worth of "detention centers" to be built by the end of this year?

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I love reading the comments here because they are so funny.

Has anyone on this board ever actually read the decisions issued by Immigration Judges????

Those things have so much boilerplate in them a trained monkey could do the job.

What do they have so much boilerplate??

Because the immigration and asylum petitions on which they are based all look alike.

Trust me -- once you've read one Falun Gong or Tamil Tiger asylum petition you never have a need to read another because they all read alike.

The oral record of order from these immigration hearings are hilarious in that the judges say the same thing everytime. Its the lowest form of "judging" there is.

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“Listening to their testimony, it’s like the entire Department of Justice is taking a shit inside my head!” – Jon Stewart

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Re getting Goodling to tell the truth.

Someone here should start a petition to have Leahy "waterboard" her.

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So....Goodling says she got her "how to hire" information from Sampson. That sorta sounds like Sampson was supervising her? Why else would she have been asking him for this procedural info?
At many points in her testimoney she passed the buck to Sampson.
So the real powers that be are once gain invisible behind the Sampson wall.
Or...
Goodling did NOT get the hiring info. from Sampson and is just lying.

So now the kids will be saying "neener neener neener" back and forth for awhile..
while the clock keeps ticking away the days left.

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A grant of immunity for testimony doesn't allow you to commit perjury, it in fact requires you to tell all the truth regardless of the legality of your actions.

So I don't think Monica got good advice about telling lies about her understanding of the legality of her actions. She can still (perhaps especially) be prosecuted for lying to the nice congresscritters!

JR

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unfortunately, the standard of proof for perjury is pretty tough for a prosecutor to make. Saying you don't know or don't remember something that you DO know or DO remember could never be the sole basis for a prosecution. You have to lie about a "material fact."

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This article from a couple months ago points out another handy use for Immigration Judgeships -- to buy silence.

--------------------------------------------------

"Patronage 'crime' does pay -- for Justice Dept.
Chicago Sun-Times, Mar 25, 2007 by Carol Marin":

"Patronage, after all, can be a useful tool in shutting people up. Consider the cases of two of the recently whacked federal prosecutors, Margaret Chiara, the U.S. attorney in Grand Rapids, Mich., and Daniel Bogden, the U.S. attorney in Nevada.

"When all hell started to break loose over the firings, Justice officials began to scramble, looking for ways to put a lid on what was quickly becoming a firestorm.

"In Bogden and Chiara's cases, the Bushies considered handing out a little patronage to ease the blow of their firings.

"Justice Department officials tried to offer each of them new jobs as immigration judges. White House Counsel William Kelley, in an e- mail, uses the "p" word outright, writing about "a new patronage" opportunity for Bogden, one that might quiet administration critics of the purge.

"In Chiara's case, Deputy Attorney General Michael Elston says in one of the released documents that getting her a new federal job like immigration judge "may help us avoid linking this to the others" who were fired. Lessening the blow, perhaps."

(Click name for full article)

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I'm not sure how well-advised Goodling was as to offering testimony about this. She may have limited immunity, but she is not immunized from a charge of perjury. It certainly sounds like she lied when she claimed that the office of legal counsel had given her the go-ahead (through Sampson) to hire immigration judges based on political affiliation.

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She was not well advised to bring the subject up if she then lied about it. She loses any immunity if she perjures herself.

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"I don't know if Goodling really was "very well-advised." In fact, I think if she was told to intentionally raise her misconduct that she was ill-served. True she has immunity in that whatever she actually says at the hearing cannot be used against her, but that does not mean she cannot be prosecuted for her actions through proof and evidence derived from other investigations. She has now told the DOJ Inspector General (as well as the EEOC maybe and other investigatory bodies) exactly where to look for potential evidence of her own wrongdoing."

Except that's exactly the basis a partisan republican appeals court judge Ronnie Reagan appointed used to overturn Ollie North's conviction.

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To John

Goodling doesn't "lose immunity" if she perjures herself. She simply has no immunity for the new crime of perjury. She still has immunity for the topics about which she has immunity.

This is an educated audience here. If you are not a lawyer, don't make statements about the law. If you are a lawyer and went to Regent Law School, don't make statements about the law.

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