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Conyers, Leahy to WH: Tell Us More

July 9 is the new June 28 in the U.S. attorneys scandal, if House and Senate judiciary committee chairman John Conyers (D-MI) and Pat Leahy (D-VT) have anything to say about it. That is, it's the next phase of the White House-Judiciary Committee showdown.

In a just-released letter (posted in full below) to White House Counsel Fred Fielding, Conyers and Leahy signal their intent to hit back against the White House's claim yesterday that its internal discussions about the firings of nine U.S. attorneys are outside congressional scrutiny. The two chairman write that unless Fielding specifies the claim of privilege for each document being withheld by July 9, they'll "consider whether the White House is in contempt of Congress." A contempt vote in committee is the first step, to be followed by a vote in the full House or Senate. Experts say the process has never gotten further. But if the clash between Congress and the White House continued, the next step would be a referral to the District of Columbia’s U.S. attorney to enforce the subpoena by seeking an indictment from a grand jury.

From the letter:

A serious assertion of privilege would include an effort to demonstrate to the Committees which documents, and which parts of those documents, are covered by any privilege that may apply.

Indeed, the subpoenas themselves specifically stated that for each document withheld, you should provide a description of the nature, source, subject matter, and date of the document; the name and address of each recipient of an original or copy of the document and the date received; the name and address of each additional person to whom any of the contents of the document were disclosed along with the date and manner of disclosure; and the specific legal basis for the assertion of privilege. Such privilege logs have been provided by the White House in previous Administrations, and this Justice Department has provided similar logs in this very matter, which have been used to help resolve disputes about the production of documents. Yet, you have failed to provide any such information.

The letter in full:

June 29, 2007

Fred Fielding, Esq.
Counsel to the President
The White House
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500

Dear Mr. Fielding:


The return date and time for the White House Chief of Staff, Joshua Bolten, to appear before our Committees on behalf of the White House and bring with him the documents compelled by the subpoenas we issued on June 13 was yesterday at 10 a.m. Mr. Bolten did not do so. Instead, you wrote us that, despite conceding that you have responsive documents in your possession, you refuse to produce even a single one based on a blanket executive privilege claim. We had hoped our Committees' subpoenas would be met with compliance and not a Nixonian stonewalling that reveals the White House's disdain for our system of checks and balances.

We urge the President to reconsider this step and withdraw his privilege claim so the American people can learn the truth about these firings. If he is unwilling to withdraw these claims, we call on you to provide more specific information to facilitate ruling on those claims and our consideration of appropriate action to enforce our subpoenas.

On June 13, we issued subpoenas compelling the White House to produce documents related to our Committees' investigations into the mass firings and replacements of U.S. Attorneys and politicization at the Department of Justice. We did so reluctantly after seeking voluntary cooperation from the White House for three months. Even though the evidence gathered by our Committees shows that White House officials were heavily involved in these firings and in the Justice Department's response to congressional inquiries about them, the White House has not produced a single document or allowed even one White House official involved in these matters to be interviewed.

Our Committees rejected your "take it or leave it" offer of off-the-record, backroom interviews and severe limits on the scope of our requests as unacceptable, more than three months ago. Since that time, despite our many attempts to narrow the dispute and begin to obtain the information we need, you have not made any effort to work with us on a voluntary basis. Even now, in response to subpoenas authorized by our Committees, you have again merely restated your initial, unacceptable offer. Your proposal is not commensurate with our exercise of the broad investigatory power of Congress.

Our power to investigate has been described as essential to the legislative function by the Supreme Court and "as penetrating and far-reaching as the potential power to enact and appropriate under the Constitution." Eastland v. United States Serviceman's Fund, 421 U.S. 491, 504, n. 15 (1975). Indeed, the Court has specifically recognized that Congress' "broad" investigatory authority "encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes," and includes the power to "inquire into and publicize corruption, maladministration, or inefficiencies" in the Executive Branch. Watkins v. United States, 354 U.S. 178, 182, 200 n.33 (1957). Moreover, as we have said many times, your proposal would constrain not only our investigation, but also the ability of the American people to learn the truth about these firings.

In fact, the letter you enclosed from Acting Attorney General Clement makes clear that internal White House documents, which you have refused even to discuss making available, contain information directly responsive to our subpoenas. According to Mr. Clement, those documents specifically discuss "the possible dismissal and replacement of U.S. Attorneys," the "wisdom of such a proposal, specific U.S. Attorneys who could be removed, potential replacement candidates, and possible responses to congressional and media inquiries about the dismissals." The subject matter of these documents heightens our concern about the involvement of White House officials in these firings and in the inaccurate testimony given to our Committees about them, including possible obstruction of justice and other violations of federal law. It is precisely for these reasons that we have sought for many months to obtain information from the White House.

Your action today in stonewalling the Committees' investigations is also inconsistent with the practices of every Administration since World War II in responding to congressional oversight. In that time, presidential advisers have testified before congressional committees 74 times voluntarily or compelled by subpoenas. During the Clinton Administration, White House and Administration advisors were routinely subpoenaed for documents or to appear before Congress. For example, in 1996 alone, the House Government Reform Committee issued at least 27 subpoenas to White House advisors. The veil of secrecy you have attempted to pull over the White House by withholding documents and witnesses is unprecedented and damaging to the tradition of open government by and for the people that has been a hallmark of the Republic.

Moreover, your blanket assertion of executive privilege belies any good faith attempt to determine where privilege truly does and does not apply. A serious assertion of privilege would include an effort to demonstrate to the Committees which documents, and which parts of those documents, are covered by any privilege that may apply.

Indeed, the subpoenas themselves specifically stated that for each document withheld, you should provide a description of the nature, source, subject matter, and date of the document; the name and address of each recipient of an original or copy of the document and the date received; the name and address of each additional person to whom any of the contents of the document were disclosed along with the date and manner of disclosure; and the specific legal basis for the assertion of privilege. Such privilege logs have been provided by the White House in previous Administrations, and this Justice Department has provided similar logs in this very matter, which have been used to help resolve disputes about the production of documents. Yet, you have failed to provide any such information.

In addition, at least since the Reagan Administration in 1982, there has been a specific determination and signed statement by the President when executive privilege has been asserted. In accord with this procedure, President Bush himself has issued such assertions during his Administration. See, e.g., Memorandum for the Attorney General re Congressional Subpoena for Executive Branch Documents (December 12, 2001). See also "Procedures Governing Responses to Congressional Requests for Information," issued on November 4, 1982, and 6 Op. OLC 31 (1982). Yet you have failed to include any such Presidential assertion or even state whether you have now decided to disregard this established procedure.

Please provide the documents compelled by the subpoenas without further delay. If you continue to decline to do so, you should immediately provide us with the specific factual and legal bases for your claims regarding each document withheld via a privilege log as described above and a copy of any explicit determination by the President with respect to the assertion of privilege. You have until July 9, 2007, at 10 a.m. to bring this and any other information you wish to submit to our attention before we move to proceedings to rule on your claims and consider whether the White House is in contempt of Congress.

We were disappointed that we had to turn to these subpoenas in order to obtain information needed by the Committees to learn the truth about these firings and the erosion of independence at the Justice Department. We are even more disappointed now with yet further stonewalling.

Whether or not we have the benefit of the information we have directed you to provide by July 9, we will take the necessary steps to rule on your privilege claims and appropriately enforce our subpoenas backed by the full force of law.

Sincerely,


PATRICK LEAHY JOHN CONYERS, JR.
Chairman Chairman
Senate Judiciary Committee House Judiciary Committee

cc: The Honorable Arlen Specter
The Honorable Lamar S. Smith


69 Comments

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Now that the Dems are taking action against the crimes of the Administration, I hope the is a new poll of confidence in Congress. I'll bet we will see an improvement in the numbers. Congressional Dems need to learn that when they work against the Administration their numbers go up.

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It is great to see Conyers and Leahy be very aggressive against the White House. I wish the mainstream media would give attention to this paragraph in the letter:

"Your action today in stonewalling the Committees' investigations is also inconsistent with the practices of every Administration since World War II in responding to congressional oversight. In that time, presidential advisers have testified before congressional committees 74 times voluntarily or compelled by subpoenas. During the Clinton Administration, White House and Administration advisors were routinely subpoenaed for documents or to appear before Congress. For example, in 1996 alone, the House Government Reform Committee issued at least 27 subpoenas to White House advisors. The veil of secrecy you have attempted to pull over the White House by withholding documents and witnesses is unprecedented and damaging to the tradition of open government by and for the people that has been a hallmark of the Republic."

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Oh boy, another strongly worded letter. That'll show 'em.

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Oh boy, another strongly-worded letter. That'll show 'em.

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tee he he. Grand Jury? I like the sound of that. Remember the jury in the Libby case stated. "we dont know why other people (cheney) aren't here on trial. Yeah I like the sound of that.

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This is a very strong threat against the Bush regime. There now is the very real possibility that the President of the United States could be found in contempt of Congress.

Recall that Nixon tried to keep his Oval Office tapes secret, but the Supreme Court ruled that any potential evidence of criminal wrongdoing must be disclosed.

In this instance, the Judiciary Committee Chairmen specifically cite potential crimes including obstruction of justice and other violations of federal law.

If the stonewalling continues, the constitutional confrontation will explode. I say, GOOD! Hold the contempt hearings and let the fireworks begin.

It will be an excellent lession in civics for the American people.

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I think I'd orgasm if they actually trotted out inherent contempt and dragged Fielding off to prison just to spite Bush.

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Who is the USA from DC? Is s/he a "loyal Bushie?"

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I've been torn on these requests, figuring they were pointless for getting information, but at least Conyers and Leahy can rebut the charge this is purely destructive politics by correctly pointing out they did everything possible to avoid subpoenas, short of dropping the investigations. They might be right that in the long run it looks better to have treated the Bush administration like they have some shred of honor, thereby showing that they don't.

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"backed by the full force of law"

Does it eventually end up in the Supreme Court?

Than what...

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How does this work if they continue to refuse to answer the subpoenas? Who represents the Congress if it goes to court, and who assigns a prosecutor to handle it when that happens? Does Congress have to request a prosecutor, and does that come from the DOJ?

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Here's the $64,000 Question:

Does anybody really expect that any incriminating evidence will still be around when push comes to shove?

I'm sorry, but I have no doubt whatsoever that any incriminating records have long since been shredded; any incriminating computer files have been double, triple and quadruple deleted; and any potentially incriminating witness has already been debriefed for days on end about the "proper answers" to any congressional and/or criminal inquiry.

At most, the Bushies will be found to have violated the laws for retention of records ... they'll get a slap on the wrist ... and there will be no consequences of any real substance. And the David Broders will still push the violin to their chins and fiddle away about the criminalization of politics. Sorry, folks, but fuck all of that, I've had it with this shit.

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Uncle Don,

During the Nixon Admintration, the Court was not ruled by the Fascist Five. Precedence doesn't mean boo to doz fuls . . .

Do not automatically assume that the rule of law will prevail.

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Well, donkey, then the conservative majority of stacked judges legislating from the bench can throw the case out. Call it payback for setting them up for life.

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Who is the USA from DC? Is s/he a "loyal Bushie?"

Posted by: Anne
Date: June 29, 2007 1:54 PM

Yes. He is thought to be. Numerous references to the DC USA in the comments section of earlier posts regarding the USA purge scandal. As well, he's been connected, tangentially, to that scandal as well.

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Here's the only question that really matters about all of this:

Does anyone really believe that any incriminating evidence will still exist when push comes to shove?

Yeah, I didn't think so.

This will end up being much ado about nothing -- the Bushies may be corrupt but stupid they ain't. By the time it really matters, any incriminating evidence will have long since been shredded, deleted, destroyed, etc etc etc.

And the Broders will still push their violins to their chin and fiddle away about the criminalization of politics. While America slowly rots.

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sorry for double dipping upstream ... the page is updating slowly for some reason

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anne, here's the DC USA, seems like a monarchist:

http://en.wikipedia.org/wiki/Jeffrey_A._Taylor

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...anyone want to bet that Rove really was involved in this environmental tragedy, despite "findings" to the contrary?

In light of this spotlight shining on Cheney, Rove's mystical resilience, his skating across all this thin ice with such apparent immunity and impunity, has all the earmarks of some "the higher they climb, the farther they fall" Aesop's fable.

But really, anything short of a thousand years of Republican Party rule was a disappointment to Rove. He's already faced with being included forever on the permanent historic record as one of the biggest political failures in history (the entire Bush tenure), and despite his hubris at being able to cheat his way to political respectability (now there's an oxymoron to remember), he no doubt knows his future is not nearly as bright as his past.

Maybe we should let up on the poor guy, he's already been humiliated forever...

.....NOT!!!!
HE DESERVES JUST AS MUCH SYMPATHY AS HE GIVES...

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"the Bushies may be corrupt but stupid they ain't."

Some of them are downright dumb...

If not, they would still be in power. The geniuses among them are certainly balanced-off by the idiots, an some of us think there is a preponderance of the idiots. And all their geniuses are certified Evil geniuses, then what we got in the Republican Party is a bunch of smart wolves leading a flock of stupid goats.

True, some of them are pretty smart, but as a whole, they reek of social and cultural ignorance, and that more than makes up for any IQ factor.

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You know, speaking of Tricky Dick, I wonder if there are any good bits on Nixon's tapes with Cheney and or RumDrunk With Power involved.

I mean, if they could get Nixon's tape recordings of what was said in his office, thoroughly unvarnished, Cheney doesn't have a leg to stand on, now does he?

Executive Privlege this, Dick.

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Have the Republicans already won? Is evidence destroyed? Will the Supreme Court vote along ideological lines?

Turley said that if they treat this now as a criminal investigation, the evidence has to be given up. Is it still there? Why doesn't anyone important blow a whistle?

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Code Word: regret
I have but one regret, that I witnessed the fascist takeover of my country and did nothing but bitch about it on the internet.

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Yeah, if Congress is serious it will focus on the Turley argument.

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The US Attorney for DC is a Patriot Act Gonzo appointment, under the provision Congress just changed. Another provision of the legislation that overturned it states that all such appointees are out 4 months after enactment. That means Taylor is out sometime in October.

His replacement faces Senate confirmation, and ironically enough, the replacement will have to get past Pat Leahy. If no replacement makes it through, an interim is appointed by Thomas F. Hogan, chief judge of the US District Court for DC. Hogan is a straight shooter and is likely to appoint any experienced, prominent member of the Washington bar who cares about his reputation in this city.

I would guess Leahy and Conyers have taken this into account in their calculus, and it's probably one reason they're not rushing things.

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Let's hope they're finally getting serious about this. They've dragged this out for long enough. These subpoenas should have been issued months ago. I hope they stick to their guns. At least I'm glad to see a good, healthy adversarial relationship taking form. This bipartisan crap was starting to make me nauseated.

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blank poster on Taylor's length of service.

You have alleviated my security code word at bit, which is fear

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Let's hope they're finally getting serious about this. They've dragged this out for long enough. These subpoenas should have been issued months ago. I hope they stick to their guns. At least I'm glad to see a good, healthy adversarial relationship taking form. This bipartisan crap was starting to make me nauseated.

What's wrong with this site, by the way? It's been running like crap for weeks.

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I've been of like mind like a lot of you guys - mealy mouthed Dems, who assert that the pen is mightier than the sword.

But I'm a thinking, maybe our "boys" have planned this like a fine concert. First, destroy any credibility that the DOJ has in the eyes of the American Public...mission accomplished.

Make a run at Rove/Bush and Cheney, corner them like rats and make them refuse the cough up the papers requested by Congress. After all "if you got nothing to hide"... they are on record today, that they'll not comply - so they got something to hide...mission accomplished.

What's next? A chance to stand up and explain that the DOJ and the WH are so interwined and secretive that the only mechinism to get to the truth is impeachment...Cheney first...Gonzo same time or next...impeachment is the only mechinism that the WH or the DOJ cannot impede or corrupt.

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Notice how Leahy keeps using the word Nixonian when describing the Bush Administration. Very smart. We need more direct comparisons to Nixon so more people will start to get it.

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This is a good read about the missing emails:

http://thenexthurrah.typepad.com/the_next_hurrah/2007/06/back-to-the-eig.html#more

"You'll recall that after the first series of dumps, there was a clear chain of emails leading right up to the moment, on November 15, when Harriet wondered whether Bush would have to sign off on the firings. ... And the gap ended at precisely the time when the White House relayed its approval of the firings:
[GW returned] to Washington on Nov. 30, a Thursday. Four days later, on Monday, Dec. 4, the White House signed off on the firing plan."

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YEAH, AND IF YOU IGNORE THIS LETTER.....WE'LL SEND YOU ANOTHER ONE!

That'll teach them!

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"and includes the power to "inquire into and publicize corruption, maladministration, or inefficiencies" in the Executive Branch. Watkins v. United States, 354 U.S. 178, 182, 200 n.33 (1957)."

I see that my longstanding reference to the current Bush administration as the "mal-administration" has some historical context, hyphen notwithstanding. I am apparently not the first to assert that a mal-administration is what we have. The citation in Chairman Lahey's letter relates to yet another mal-administrator: Joe McCarthy.

The Watkins case, then, is a bit of an irony. It relates to a person who refused to testify before the infamous House Committee on "Unamerican" Activities. "We are not concerned with the power of the Congress to inquire into and publicize corruption, maladministration or inefficiency in agencies of the Government.", wrote Chief Justice Earle Warren. The Court was, rather, addressing Congress's power to inform the public.

I imagine the balding Fred Fielding (made up name?) might well come to appreciate why the congress, and Americans, are indeed quite serious when referring to the current administration as one that is demonstrably malicious.

Fred's reply to Layey (and the American people) will indicate if he is "with us or with the enemy". In the case of the conduct of the current mal-administration it's easy to see how a viewpoint where they are the enemy of the American people (and US Constitution) is not much of a stretch.

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June 9th? Why give them another two weeks when they've already been stonewalling for months and years? Give them two days. Then on to the impeachment hearings.

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"The Supreme Court, reversing course, agreed Friday to review whether Guantanamo Bay detainees may go to federal court to challenge their indefinite confinement.

The action, announced without comment along with other end-of-term orders, is a setback for the Bush administration. It had argued that a new law strips courts of their jurisdiction to hear detainee cases."

Does the Supreme Court sense that the political winds are changing? Will Scalia, Thomas, Roberts, and Alito throw themselves under the bus to save a drowning Bush?

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Leahy should follow-up on Fitzgerald's investigation into the VP's obstruction of justice. As I've argued here, there is already a precedent for having the courts overrule a claim of executive privilege to enforce subpoenas in a criminal investigation.

Until Leahy and Conyers have criminal charges in USAgate or in the wiretapping scandal, they can't use the US v. Nixon precedent to argue for release of the documents. So they either need to get criminal charges brought up in these matters, or they need to push somewhere else.

But by pushing for more docs from Cheney's office in the Plame obstruction case, they can argue that the specific needs of the criminal investigation outweights any general claim of deliberative privacy or executive privilege.

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To tekel:

I am certain that Leahy, Conyers, et alii have devoured Fitzgerald's documentation on Cheney and likely have had him instruct them on his chain of evidence. Pat Fitzgerald didn't have the clout to press the indictments that were indicated by his investigation into the Plame affair, but Congress can take all of that work and apply it to their hearings, subpoenas, and, I certainly hope, impeachment processes.

To those who are frustrated:

I'm sorry that some TPMmuckraker readers still deride the process that Congress is painstakingly following. Building the entire case against the Bush Administration thoroughly, so it can't be undone by Fielding or others, takes a lot of time.

I have pointed out elsewhere--but I think it bears repeating--that the web of crime the Congress is unraveling have been at least 6-1/2 years in the making. The hearings have covered a lot of ground and made significant, broad inroads in a short time. They can't do something definitive (remember, this is the POTUS, after all, which has power I know I can't imagine having) unless their foundation is solid, broad, and wide.

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Mr. Fielding has already TOLD John Conyers (D-MI) and Pat Leahy (D-VT) what Bush said:

SO WHY ARE CONYERS AND LEAHY DRAGGING THEIR FEET?

Bush HAS NEVER, EVER, CHANGED HIS MIND ABOUT ANYTHING. THERE is NO reasoning with Bush, Cheney are anyone ELSE in this criminal administration AND that LAZY BUM SEN. LEAHY KNOWS THIS FULL WELL.

RepublicanS would not be caught dead dragging theIR feet the way Dems do - WHAT is Leahy waiting FOR????

Is Leahy waiting to see if voters forget about how Gonzales stonewalled congress and politicized the DOJ and that Bush's wiretapping is really no big deal, without everr a hint of judicial oversight. You know, Sen. Leahy would not do anything if he could get away with it.

Talk about lame: "also the ability of the American people to learn the truth about these firings." Leahy seriously needs to get the lead out.

Who really IS the lame duck - it's the lazy, do nothing Dem congress.

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I really don't think that Cheney, Rove et al are as smart as everybody makes them out to be... they are just immoral... a vast difference. If you hold yourself above the laws and the rules it is easy to do just what you want. If anything... they appear childish, playing silly word games. Especially Addington! Unfortunately, foolish actions have led to dire consequences for this country.

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Gee, one almost gets the idea that the most corrupt administration in American history has something to hide. I wonder if "high crimes and misdemeanors" are involved? But one thing is certain, the Republican Party hasn't changed one bit from the Nixon years. Corrupt. Lying. Cheating. Stealing. Racist. Elitist. Sexist. Supported by religious fundamentalists who claim they represent Jesus Christ on earth...while supporting corrupt, lying, cheating, stealing, racist, elitist, sexist Republicans. Go figure.

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Gramma Milie,
So are you high ? Or Grammie are you a republicant Troller in disguise > Grammie it does not matter what happens in the Supremes Right Wing Dreams. At this point its clear that Leahy & Conyers have the goods on BushCo . And now the way forward is via the political process. And everyday that it becomes more evident that the Busheviks have trashed our Constitution is one more day forward in the total destruction of the GOP as TurdBlossom would define it . Do you remember the Whigs Grammie ?
Heres a prediction , (but this in your Ed Gillispie Bong and smoke it up Grammie ) - there will be enough moderate -fair minded Republicans - Warner, Hagel , Voinivch, them two girls in Maine-that there will be enough votes in the Senate to Convict Bush /Cheney - The whole shebang will kick off in earnest come September.Read 'em & weep Grammie..
Code word fire "LIKE FIRE IN THE HOLE !"

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The line that caught my eye was,

"A contempt vote in committee is the first step, to be followed by a vote in the full House or Senate."

A vote in the full house & Senate? Does that mean it would take sixty votes to overcome another Republican Filibuster?

Or is this matter not subject to the ordinary Senate rules?

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"The veil of secrecy you have attempted to pull over the White House by withholding documents and witnesses is unprecedented and damaging to the tradition of open government by and for the people that has been a hallmark of the Republic."

That's it. Is our "government" conducted in secret by tyrants? Is our "government" responsive to the People and Their elected Congress? Now we enter the phase that we have all sought for so long--reassertion of the power of the Congress, the Constitution, and the Bill of Rights. May the People be rewarded for showing restraint up til now. And may the tyrants be held to their oaths and may their oaths, false or true, be revealed for all to see.

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All of this is literally so very reminiscent of 1974, the way things then began building slowly and steadily, with one not knowing the events to come and surprised at so much of it.

In the beginning of that period, of course, no one knew of the existence of the WH tapes, and when they became known, everyone's reaction was, "Well, Nixon, being as smart and wily as he is, will just destroy them and say they'd been inadvertently lost or destroyed." NO ONE thought that Nixon would actually turn them over in as complete form as they were in.

Now, everyone is saying that BushCo has destroyed the emails, having learned from Nixon especially, but also just as a common sense way of CYA. However, all that is not over yet. People in the know say the emails can in all likelihood be recovered, and wouldn't that be a bite in their royalist asses?

The other shoe has not fallen yet, folks. More is yet to unfold, with the republic at stake. As in 1974, it was not at all certain that Sirica was going to order Nixon to hand over the tapes - and the SCOTUS back Sirica up, and it is of major concern what the SCOTUS will do this time around, too.

The drama has only just begun. If criminality is at the center, it doesn't end when Bush and Cheney leave office. And, the GOP may have shot themselves in the foot in the Bill Clinton case by passing legislation saying that Presidents could be held accountable for breaches of the law while President: Bush has gone so far beyond lawyerese dodging of the meaning of the word "is" is, his life could get very, very sticky after Jan, 2009. .. What does the Secret Service do when police come to handcuff and ex-President?

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All of this is literally so very reminiscent of 1974, the way things then began building slowly and steadily, with one not knowing the events to come and surprised at so much of it.

In the beginning of that period, of course, no one knew of the existence of the WH tapes, and when they became known, everyone's reaction was, "Well, Nixon, being as smart and wily as he is, will just destroy them and say they'd been inadvertently lost or destroyed." NO ONE thought that Nixon would actually turn them over in as complete form as they were in.

Now, everyone is saying that BushCo has destroyed the emails, having learned from Nixon especially, but also just as a common sense way of CYA. However, all that is not over yet. People in the know say the emails can in all likelihood be recovered, and wouldn't that be a bite in their royalist asses?

The other shoe has not fallen yet, folks. More is yet to unfold, with the republic at stake. As in 1974, it was not at all certain that Sirica was going to order Nixon to hand over the tapes - and the SCOTUS back Sirica up, and it is of major concern what the SCOTUS will do this time around, too.

The drama has only just begun. If criminality is at the center, it doesn't end when Bush and Cheney leave office. And, the GOP may have shot themselves in the foot in the Bill Clinton case by passing legislation saying that Presidents could be held accountable for breaches of the law while President: Bush has gone so far beyond lawyerese dodging of what the meaning of the word "is" is, his life could get very, very sticky after Jan, 2009. .. What does the Secret Service do when police come to handcuff and ex-President?

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Patience, please!! For all of the evil, nasty, dirty, God-awful tricks and lies that have been performed since the advent of Bushco & Friends, let the wheels of Justice grind away at their interminable, slow pace. Remember, when the great showdown comes, we don't want to allow them even a glimpse of an opportunity to escape.

I know it's hard, after watching the perversion of the ideals and moral standing of our nation for 6 1/2 years, but wasn't there a saying, something about the wheels of justice grinds slow, but grinds so fine? Let the committees do their jobs, don't you think that they've been waiting for quite some time FOR this opportunity? And the chairmen of these committees have been there for quite some time, and judging by the construct and wording of these letters, there seems to be much, much more to come, and many more surprises in store for this administration.

And just as an aside, don't you think that these chairmen are relishing the thoughts of payback? And this "Gotcha" is going to be the biggest one of all time, so I don't think they're going to allow this one to get away. This time, this one is so huge, and has affected the entire world in such a negative way, they will make darn sure that it's done properly, all exits locked and blocked, caps on the roof, so nothing escapes, because this one could end up in the International Court, especially since this administration has thrown down the gauntlet, with their, "You're either with us, or against us," rhetoric.

Think of all the nations in the world, that would just LOVE the opportunity to give the USA a black eye, and take us down a peg or two in the court of world opinion. And sticking it to the USA, by putting her President/Former President on trial in the Hague?

Sound impossible? I don't think so, given our standing in the world at present. So, I don't think this committee is going to allow this to happen,letting the international community come and clean our house for us!! No Way, No Time, No How!!

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LIE-berman will throw a bucket of cold water on this move too. He and Spector from PA are two of the biggest Bush Crime Family supporters that you can have.

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Now that the Dems are taking action against the crimes of the Administration, I hope the is a new poll of confidence in Congress. I'll bet we will see an improvement in the numbers. Congressional Dems need to learn that when they work against the Administration their numbers go up.


Posted by: DB
Date: June 29, 2007 1:23 PM

Except that it is not proper to "work against the Administration". "A system of laws, and not of men." -- John Adams.

This is about the Constitution and laws, the rule of law, the application of democratic due process of law, not about this or that political party.

This is not a football game.

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Oh boy, another strongly worded letter. That'll show 'em.

Posted by: max
Date: June 29, 2007 1:38 PM

Asshole: this is about the rule, and restoration, of the rule of law. Law is conducted in writing -- at least 95 per cent of which writings are in the form of letters.

This isn't a football game, jock.

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I've been torn on these requests, figuring they were pointless for getting information, but at least Conyers and Leahy can rebut the charge this is purely destructive politics by correctly pointing out they did everything possible to avoid subpoenas, short of dropping the investigations. They might be right that in the long run it looks better to have treated the Bush administration like they have some shred of honor, thereby showing that they don't.

Posted by: Eric Ferguson
Date: June 29, 2007 1:56 PM

That's why the illiterate peanut gallery have bashed the Democrats: they've not acted as if this is a football game, of World Wide Wrestling, or some other form of grunt-speak jocks diddling around.

This is a legal process within a political context. Appearances are of paramount importance. So, while the above-described assholes have been bashing the Democrats as "spineless," and all the other insults they indulge, the Democrats have been establishing a paper trail which substantiates that they have all along been cordial and cooperative. There's no reason that the Democrats should be assholes simply because bashed by assholes.

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How does this work if they continue to refuse to answer the subpoenas? Who represents the Congress if it goes to court, and who assigns a prosecutor to handle it when that happens? Does Congress have to request a prosecutor, and does that come from the DOJ?

Posted by: Candyce
Date: June 29, 2007 2:03 PM

Does Congress have the authority to issue subpoeans? Obviously yes. Does Congress therefore have the authority to enforce its subpoenas? Yes.

Behind Congress is the tradition of the "general court": before separation of powers, the general court -- legislature -- not only made the laws, but also enforced them, and prosecuted violations of them.

Congress has the authority to investigate. That wouldn't be worth much if it couldn't be enforced. It also has the power to delegate that authority to a special or independent counsel of its own choosing to conduct investigation in its behalf.

Congress also has the authority to impeach -- which includes trial of the person impeached (indicted) in the court of the whole Senate.

If and as necessary Congress can have the courts rule on their actions -- as can Bushit, et al. If history is any indication, the first to go to court, if any do, will be Bushit, et al.

Regardless what happens, Bushit, et al., and the Republicans lose.

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I think I'd orgasm if they actually trotted out inherent contempt and dragged Fielding off to prison just to spite Bush.

Posted by: bobh
Date: June 29, 2007 1:49 PM

In order for that to happen, Fielding would have to be shown to be a principle. He is not.

If a client shows/is charged with contempt of court, his lawyer is not, because the contempt is not by his lawyer.

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Here's the only question that really matters about all of this:

Does anyone really believe that any incriminating evidence will still exist when push comes to shove?

Yeah, I didn't think so.

This will end up being much ado about nothing -- the Bushies may be corrupt but stupid they ain't. By the time it really matters, any incriminating evidence will have long since been shredded, deleted, destroyed, etc etc etc.

And the Broders will still push their violins to their chin and fiddle away about the criminalization of politics. While America slowly rots.

Posted by: Gramma Millie
Date: June 29, 2007 2:14 PM

You really don't get it, do you? And that is based upon the fact that you know it all.

Reality: even if all evidence were destroyed, we still have the evidence of the outcomes of the evidence destroyed. Many of those outcomes are illegal, even without such evidence.

And, by reasoning backward from those, we can determine the sequence of illegalities leading to and resulting in those outcomes.

And, the destruction of evidence would be obstruction of justice -- a crime.

Either way -- whether the evidence is destroyed or not -- Bushit, et al., are got.

What constantly astonishes -- and frustrates -- is that such basics must be explained -- again and again and again and again and again and again to fellow citizens who cherish democracy but -- ultimately -- don't know what it means.

"Democracy is responsibility," -- Justice Louis Brandeis.

Every right is inextricably entwined with a responsiblity. Yet I'll bet throughout your life you've only jabbered about how you have "rights" (everyone else has the responsibility).

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Have the Republicans already won? Is evidence destroyed? Will the Supreme Court vote along ideological lines?

Turley said that if they treat this now as a criminal investigation, the evidence has to be given up. Is it still there? Why doesn't anyone important blow a whistle?

Posted by: Englischlehrer
Date: June 29, 2007 2:40 PM

If you'd been paying attention, or at least know how US gov't works (Richard Clarke on US gov't: (1) It's incompetent, and (2) it can't keep a secret), you'd have learned that much of the evidence Congress has gathered is from whistleblowers, and others in the various executive branch agencies calling in and sending complaints to Congress.

Congress also reads the newspapers: the Committee on Resoruces has begun an investigation of the Cheney fish-kill as result of the Washington Post reporting on it.

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Please don't give up Mr. Leahy and Mr. Conyers, and thank you for assertively and persistently challenging the harmful mindsets of those who have destroyed the reputation of the U.S.A.

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Yeah, if Congress is serious it will focus on the Turley argument.

Posted by: mritter4u
Date: June 29, 2007 2:54 PM

Jesus Christ! "[I]f Congress is serious"!? What are you, an ass!? Aside from the fact that you know a great deal less than Congress, yeah have the punk arrrogance to sit there and second-guess its actions, do you actually believe Congress is playing some sort of game!?

Do you need photographs!? Someone to read the letter to you!?

The letter incorporates these words: "obstruction of justice and other violations of Federal law".

Obstruction of justice is a C-R-I-M-E. A felony.

That isn't merely a letter. It is a legal document in the form of a letter. 95 per cent of law is conducted in the form of letters.

Got that?

As such, the letter is equvivalent to a legal pleading: it includes the requirements necessary to not only inform as to law but also in keeping with other requirements of legal process.

Thus, knowing that Executive Privilege cannot be invoked to prevent investigation of possible crimes, and caution and law requiring that subpoenas be based upon hard evidence, specific reference/s is made to specific crimes. That set of facts should be sufficient to trump claims of Executive Privilege.

To ignore that set of facts, especially the latter, is to stonewall -- in the face of which LAWYERS Conyers and Leahy know they are on the right track; so they respond immediately toward getting down to brass tracks and details, beginning for one with a particularized analysis -- on paper -- of the Executive Privilege claim, in order to determine which documents to which it does not apply, and to which it might.

All of that can be "figured out" by actually READING the letter with one's eyes OPEN.

And never forget that Fielding, weirdly, led with the bizarre assertion that, testifying under oath would be a "perjury trap" -- which pretty much says, "We won't testify under oath because we intend to lie, for which, done under oath, we can be charged with perjury." The only plausible defense of that would be the claim that the president and his immediate circle are exempt from the rule of law, at least as concerns perjury. (If they actually believed that, though, they'd have no objection to testifying -- and lying -- under oath.)

Now go back and actually READ the letter -- this time paying attention to it while you do.

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JNagarya - Well said and your attempt to corral this is needed.

However. The causes of the "peanut gallery" outbursts are serious. Many of us have watched as the most surreal things have ocurred at the highest levels of power and government.

In the minority, the Democrat's failed to stop the now clear disaster in the Supreme Court (something about keeping the powder dry). In the majority, they have not coordinated their focus and attack properly, which of course is critical in gaining the media exposure necessary to get oxygen to these issues. Also, what Gonzales, Doan, and the rest of the criminal gang get away with at the hearings is absolutely unacceptable and should be met with actual hard contempt of Congress citations.

So we're nervous. Some say that Pat and Conyers have the goods and are pursuing the process as you have indicated. Their response to Fielding was to me the first glimmer that this may be true. It was brutal. But we will have to see what's next.

Regaining our country and holding these people reponsible is now a dangerous and serious affair. With the media so far out to lunch (The News Hour political chat last night had NO reference to these topics), the need for us all to use the TPMs of the world to express ourselves, our frustration, and especially our confusion that things are so far off-the-rails is critical.

In the end, I'm sure everyone of us will be glad if you are right and the real assholes take it on the chin. There is nothing wrong in showing passion and rooting for the rule of law to prevail.

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JNagarya

I commend you on your ability to respond to same type of posts over and over. I understand that it will be necessary to continue your writing as new people discover this site.

I read a blog where the writer was talking about who the choice would be if Bush fired Chaney. Will you answer the question of who would fill the position of Vice Presiden if Chaney were to leave office before the end of his term? Specifically, is there any difference depending on whether he resigned, was impeached, died of natural causes, was assinated or was "fired" by the President.

I thought it would be the Speaker of the House, no matter how the office was vacated. Am I right?

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JNagarya - Well said and your attempt to corral this is needed.

However. The causes of the "peanut gallery" outbursts are serious. Many of us have watched as the most surreal things have ocurred at the highest levels of power and government.

In the minority, the Democrat's failed to stop the now clear disaster in the Supreme Court (something about keeping the powder dry). In the majority, they have not coordinated their focus and attack properly, which of course is critical in gaining the media exposure necessary to get oxygen to these issues. Also, what Gonzales, Doan, and the rest of the criminal gang get away with at the hearings is absolutely unacceptable and should be met with actual hard contempt of Congress citations.

So we're nervous. Some say that Pat and Conyers have the goods and are pursuing the process as you have indicated. Their response to Fielding was to me the first glimmer that this may be true. It was brutal. But we will have to see what's next.

Regaining our country and holding these people reponsible is now a dangerous and serious affair. With the media so far out to lunch (The News Hour political chat last night had NO reference to these topics), the need for us all to use the TPMs of the world to express ourselves, our frustration, and especially our confusion that things are so far off-the-rails is critical.

In the end, I'm sure everyone of us will be glad if you are right and the real assholes take it on the chin. There is nothing wrong in showing passion and rooting for the rule of law to prevail.

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. . . . His replacement faces Senate confirmation, and ironically enough, the replacement will have to get past Pat Leahy. If no replacement makes it through, an interim is appointed by Thomas F. Hogan, chief judge of the US District Court for DC. Hogan is a straight shooter and is likely to appoint any experienced, prominent member of the Washington bar who cares about his reputation in this city.

"I would guess Leahy and Conyers have taken this into account in their calculus, and it's probably one reason they're not rushing things."

I suspect the out-of-nowhere criticism of the judge who lied about participating in discussions at the White House about detainees is also part of that calculus: the emphasis of the criticism was recusal.

"Posted by:
Date: June 29, 2007 3:01 PM"
-------------------------------------------

"Let's hope they're finally getting serious about this."

They've been serious since the outset. Your failure to grasp that is your limitation, not Congress'

"They've dragged this out for long enough."

The foot-draggers are the Repbulcians -- not the Democrats. But I'll let the expert you are on investigation -- methods and legal requirements -- tell us all about how Congress, even though you haven't the information and evidence, and responsibility, they have, tell us all how Congress should do it.

"These subpoenas should have been issued months ago."

One could only determine that by knowing the evidence on which they are based. And the other necessities for establishing a paper trail cognizant of the politics.

And you aren't one who knows any of that.

"I hope they stick to their guns."

They've been sticking to their guns all along. Where have you been?

"At least I'm glad to see a good, healthy adversarial relationship taking form."

The thfet of the election in 2000, and of several since, with the apparent assistance of the politicized DOJ, haven't been sufficiently adversarial for you?

"Posted by: Mark F.
Date: June 29, 2007 3:04 PM"

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"Regaining our country and holding these people reponsible is now a dangerous and serious affair."

Without question. But bashing the good guys is STOOPID.

". . . The News Hour political chat last night had NO reference to these topics . . . ."

Go back and read about Watergate. The first report of the break-in was in June, 1972. It didn't make the TV news. The first effort to investigate occurred that fall-winter; that didn't make the TV news. The Republicans refused to attend the meetings of that Committee in order to prevent a quorum, and that effort died; that didn't make the TV news. Until the issue became sufficiently front-and-center in Congress -- when it began to reach the White House and DOJ -- and there were live hearings with a colorful character named Sam Ervin -- he was entertaining -- there was little news about it, outside newspapers. And it really didn't take off, on TV, until major firings by Nixon, and the House hearings into impeachment.

". . . . There is nothing wrong in showing passion and rooting for the rule of law to prevail."

By bashing the Democrats, based upon essentially ignoring what is going on in order to demand that "something be done"!? This isn't a football game, or some other sports event for the either/or beer-swilling jock mentality. Without the rule of law there cannot be democracy. Rule of law is civil -- not uncivil and worse. We don't simply go in and arrest people simply because we don't like them, and insist that appearances are all the evidence necessary; we leave that anti-Americanism to Bushit, et al.

I, for one, am fed up with the assholes who don't look at themselves; who don't have the brains to recognize that they are demanding that the Democrats act exactly as do Bushit, et al. -- which they claim to oppose. Who hate the Republicans because uncivil; and bash the Democrats because not uncivil.

"Posted by: wilson
Date: June 30, 2007 9:49 AM"

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JN - Watergate, as you said broke in 1972, at the start of Nixon's second term, not near its end, so the situation today is actually urgent. Further, the media have had more than enough time to figure this issue out. But they've been too busy cheer leading this administration and its corrupt and misguided policies as way to repay their corporate owners. So although Watergate took time to gain traction, the media in the early seventies was all over a host of other issues, including Vietnam.

Critiquing the current leadership is actually not stupid - it's essential. I agree that bashing is counter-productive, but honest, immediate and visceral challenges to actions by the Democrats that betray their election mandates is a hallmark of this type of media and it's actually working. Responsive government, what a concept. If "something" truly is being done, then I think it could be clearer, their track record is not the best. "Impeachment is off the table", "Graver offenses", give me a break - let's not be afraid to come right out and say it: "We intend to pursue any illegal action this administration has taken and prosecute it to the fullest extent of the law". What is wrong or "uncivil" about that?

Either way here, I sure hope you are right. There are lots of hints that something may actually happen. But when we a look at ourselves, we have to ask are we doing what is needed - Alberto Gonzales is still the Attorney General, the former governor of Alabama just got sent to prison on a political hit, habeas corpus is suspended, soldiers die at an ever increasing rate for a war to profit oil companies, and the only staffers in the administration to face any legal consequences are Libby and the clown that got caught for shoplifting. So no apologies for the attitude, none.

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JN - Watergate, as you said broke in 1972, at the start of Nixon's second term, not near its end, so the situation today is actually urgent. Further, the media have had more than enough time to figure this issue out. But they've been too busy cheer leading this administration and its corrupt and misguided policies as way to repay their corporate owners. So although Watergate took time to gain traction, the media in the early seventies was all over a host of other issues, including Vietnam.

Critiquing the current leadership is actually not stupid - it's essential. I agree that bashing is counter-productive, but honest, immediate and visceral challenges to actions by the Democrats that betray their election mandates is a hallmark of this type of media and it's actually working. Responsive government, what a concept. If "something" truly is being done, then I think it could be clearer, their track record is not the best. "Impeachment is off the table", "Graver offenses", give me a break - let's not be afraid to come right out and say it: "We intend to pursue any illegal action this administration has taken and prosecute it to the fullest extent of the law". What is wrong or "uncivil" about that?

Either way here, I sure hope you are right. There are lots of hints that something may actually happen. But when we a look at ourselves, we have to ask are we doing what is needed - Alberto Gonzales is still the Attorney General, the former governor of Alabama just got sent to prison on a political hit, habeas corpus is suspended, soldiers die at an ever increasing rate for a war to profit oil companies, and the only staffers in the administration to face any legal consequences are Libby and the clown that got caught for shoplifting. So no apologies for the attitude, none.

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"things the subpoenas should find"

Discuss.

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Media ignoring the Cyclone that hit Pakistan leaving 1 million homeless.

PAKISTAN IS RIGHT NEXT TO IRAQ AND OUR TROOPS ARE OUTNUMBERED AS IT IS, THE DESTABILIZATION CAUSED BY LACK OF EMERGENCY AID CAN VERY WELL IMPACT OUR TROOPS SAFETY - WHERE IS THE MEDIA!!!

WRITE THE MSM AND YOUR CONGRESSPERSON TO GET HELP GOING!!!

More than donations

the US armed forces have the capacity to move large quantities of food, water, and material quickly. Transportation is the hard part here, and the simple act of sending in a limited number of helicopters would allow for the Pakastani to move materials much more quickly. And planes allow for moving large amounts of material to staging areas.

I'm certain that we have aircraft in the area.

http://www.dailykos.com/story/2007/6/30/04440/2448

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Please encourage Congress to look at how the illegally captured data was subsequently used in other illegal programs.

[Below: Hit link "Illegal Use of Illegal Data" for quick details]

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I admire the idea of finaly saying no to this idiocy, for all the good it will do. Bushco owns the whole system, including the AG and Supremes. and everyone is on retainer. Republican senators are being obstructionists because Rove is pulling the financial apron-strings...and because they can. Leahy is doomed to tilt at windmills and look like a political fool, wasting time.
We need to concern ourselves with the elephant in the room... the replacements for the fired attorneys. They are moles, and will do incredible damage to Democrats in the upcoming election. We need to neutralise them, or the election is lost.

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JNagarya,

I understand your frustration, but I ask you to consider for a moment the frustration many people are feeling at this point. Many of us are woefully ignorant of how the legal/governmental systems work, and we are struggling to patch up our insufficient educations quickly enough to properly interpret these events. I ask for your patience.

That said, I am deeply appreciative for the insights you've shared, and I encourage you to keep pointing out our faulty conclusions.

As you've pointed out, this is not a football game.

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