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Report: Loss of White House Emails "Most Serious Breach" in Record Law's History

Email messages sent by White House officials using Republican National Committee addresses have been extensively destroyed, according to an early report on the ongoing investigation released today by the House Committee on Oversight and Government Reform.

The full report is here (pdf) and the executive summary is available here.

Of the 88 officials using RNC accounts, the RNC has deleted records for 51 users. Still, the committee found heavy use of the account by some high-ranking officials. For instance, the RNC tracked down 140,000 messages sent to or received by Karl Rove. Half of those were addressed to or from an official ".gov" address. The White House Director of Political Affairs Sara Taylor sent 66,018 emails and Deputy Director of Political Affairs Scott Jennings sent 35,198 emails, according to RNC records.

Waxman's committee is investigating whether RNC email addresses were used for official work to avoid a record required by official email addresses and to what extent those acts violate the Presidential Records Act. Democrats were tipped off to the use of the off the record email system from emails revealed during the Jack Abramoff and U.S. Attorney firings investigations. Waxman has asked 25 federal agencies to scour their records for email that has been lost by the White House and the RNC.

Investigators now plan to pursue Alberto Gonzales' actions while White House counsel. The early report shows Gonzales likely knew Rove was using RNC accounts for official work, but that Gonzales did not intervene to keep records of those messages.

The early House assessment says:

The Committee has obtained evidence of potentially extensive violations of the Presidential Records Act by senior White House officials. During President Bush’s first term, momentous decisions were made, such as the decision to go to war in Iraq. Yet many e-mail communications during this period involving the President’s most senior advisors, including Karl Rove, were destroyed by the RNC. These violations could be the most serious breach of the Presidential Records Act in the 30-year history of the law.


102 Comments

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"Democrats were tipped off to the use of the off the record email system from emails revealed during the Jack Abramoff and U.S. Attorney firings investigations."

The Democras and everyone else were tipped off to GWB43.com by the TPM Cafe's own Citizen 92 right here in the comments section of the TPM Muckraker.

After reading Citizen 92's comments, I checked Susan Ralston's emails and noticed the RNC email address.

I wouldn't be surprised if the ever diligent Citizen 92 tipped off CREW.

C 92? What say you?

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Those e-mails were serving at the pleasure of the president

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Impeachment by the Fall...The government is in shambles, Iraq is a mess, our military is broken. Unless the Repugs throw this guy out, the Republican party will not last the next election.

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The inter-web works in mysterious ways, doesn't it. That's all I have to say about that.

But in the end, it was the DOJ's fault. Back in March, Bush was on a trip to South America, Alberto was under fire, and Bush publicly said that Gonzales needed to 'deal with it himself.'

Alberto's 'dealing with it' led to a document dump including the first public appearance of a gwb43.com e-mail.

Ever since then, the White House has first combed through everything before allowing a 'document dump.'

They only have themselves to blame.

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The 'rule of law' party.' Bwwwwaaaaahhhhaaaaaa!

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Obviously, there is a need for legislation so that these corrupt practices will be forbidden by specific law.

Additionally, legal investigations need to be conducted in order to determine if illegal activities occurred that should be prosecuted.

A group of special prosecutors needs to be established. The Repubs squeal that Congressional investigations are political. Special prosecutors, headed perhaps by Fitzgerald, would help to prevent any more partisan attacks by Repub lawbreakers and their supporters.

Bring back the special prosecutors!!

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What are the penalties enumerated in the Presidential Records Act? Given the suggestion that Rove, Taylor, and Jennings may have committed crimes by evading the Presidential Records Act (and possibly the Hatch Act), and officials at the RNC committed crimes by deleting the emails, why hasn't some maverick at the DOJ started an investigation? Is there really no one left to do this kind of work? Are they just going to drag their feet and follow in the footsteps of Waxman & Co.? Are there at long last NO honest men (or women) left in the Justice Department?

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I would agree with Mr. Waxman. Now the question becomes what will Waxman and Congress do that could succeed in addressing BushCo's blatant disregard for any law that provides executive oversight.

Continuing to only cry, moan, publish fancily worded letters and hold soap opera like hearings with no real results will only make the situation worse and will continue to demonstrate the utter ineffectiveness of this Congress.

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What will Congress do now that it's uncovered extensive, prolonged and repeated violations of federal law? Go to the Wailing Wall and attack Iran? Moan on the presidential primary ciruit? Or prosecute?

If not the latter, Democrats had better make clear that it is because their Republican colleagues are unanimously against the rule of law and that their collective inaction is tantamount to obstructing justice. Otherwise, voters will assume there's not much difference between Democrats and Republicans, and their hoped for landslide in '08 won't be enough to fill a sandbox.

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I'm betting every single one of those 200,000+ emails falls under executive priveledge. Every one of them. Sean Hannity will likely tell me so.

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What will Congress do now that it's uncovered extensive, prolonged and repeated violations of federal law? Go to the Wailing Wall and attack Iran? Moan on the presidential primary ciruit? Or prosecute?

If not the latter, Democrats had better make clear that it is because their Republican colleagues are unanimously against the rule of law and that their collective inaction is tantamount to obstructing justice. Otherwise, voters will assume there's not much difference between Democrats and Republicans, and their hoped for landslide in '08 won't be enough to fill a sandbox.

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Perhaps a RICO indictment of the RNC is in order. Could such a successful action result in the permanent dissolution of the RNC and imprisonment of those involved in a wide-ranging criminal conspiracy?

Again, the need for special prosecutors is paramount. Special prosecutors would remove Democratic lawmakers from the partisan squeals of Repigs about "partisanship." Special prosecutors ideally are not partisan, excepting Ken Starr and his ilk of course.

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Impeachment is sounding better and better. Too bad so many in Congress don't have the guts (or other parts) to do the right thing.

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While we're investigating republican shenanigans, we need take every step to make sure our ethics practices are above reproach.

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Congress can only investigate.

Bush and Gonzalez' Justice Department obviously will not prosecute. If they did prosecute, their conflicts of interest would prevent the appearance of impartiality.

Again, the only solution that satisfies the Constitutional requirement of equal justice for all citizens is: legislation that authorizes the impartial appointment of special prosecutors, plural intended.

If there is not legislation pending for authorizing the impartial appointment of special prosecutors, which legislators will step forward and introduce such legislation?

And when?

It should be done now, if there is not already introduced such legislation.

Now is the time to act on getting special prosecutors to look into "potential" law breaking by Republican officials.

Repigs would oppose such investigation only if they are trying to hide criminal conduct!

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http://www.dailykos.com/story/2007/6/14/109/19612

Republicans want to obstruct Congress - Here is the remedy!
by MotleyPatriot [Subscribe]
Thu Jun 14, 2007 at 10:04:54 AM EST
Ladies and Gentlemen,

The Republicans, Attorney General Gonzales, the aides, the people who just "don't recall", have obstructed the hearings long enough!

I've heard "but what can we do?"... "but we are doing all we can!"... long enough!

I'm going to put this BS talking point of "congress is doing all it can" to rest right now; they aren't. The laws are clear, the procedures are vague at best, and the Democrats in Congress can be doing a lot more.

So, meet me after the fold.

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As far as they are concerned, the WH, the DOJ and all the other Bushie Loyalists consider themselves above the law.

Destruction of emails? Violations of the Hatch Act? Obstruction of Justice? Lying under oath? Anything they do or have done in the name of furthering The Party is justified and legal. They are truly deluded by this mass psychology and the ONLY way to stop it is by appointing Special Prosecutors and handing down indictments.

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Impeach them now. How much more will it take?

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Dems would not and cannot do anything about any GOP leader worth a damn even if he raped a thirteen year old in the town green in front of a thousand people in broad daylight. Not even if the event was recorded and broadcast on all networks.

Dems would just lecture on hortatory subjunctive and other esotorica of the english grammar to please their mothers.


This liberal is very disappointed.

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Given that Congress will face stiff resistance in getting DOJ off its apathetic and self-preserving ass to bring indictments on these matters, why doesn't Congress consider shutting off all DOJ funding?

Of course repubs would all scream and moan that the democrat controlled Congress is allowing drug dealers, tax cheats and others under federal indictment or about to be charged by US Attys to escape justice's consequences, the counter would be that DOJ cannot dispense any measure of meaningful justice so long as DOJ's own corruption goes unaddressed and unpunished.

Congress must remember where their real power lies and it is in the purse, not in bringing indictments.

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What about IM's? (i.e. "instant messages") We only seem to hear about emails, but IM's are often stored by various computer systems. And shouldn't they be stored to comply with the Presidential Records Act? In some industries, companies have been systematically storing their employees' IM's for years.

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If any good has come out of the past six and one half years, it's the unprecendented exposure of just how corrupt our government is, especially at this time, the Republican party.

The sad thing is that so many conservative Americans, either out of personal ignorance or some fear of "guilt", or their fear of "disloyality" and "putting the country down", still cannot admit that.

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

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And yet where's the public outrage? We're nothing but a nation of apathetic slaves. Anyone know when the next season of 24 comes out on DVD?

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Art II S 3: "he shall take care that the laws be faithfully executed"

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C 92, That first doc dump was the best! I've always wondered if someone on the side of truth and justice put it together because it was so revealing.

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Those who allow this to go on without legal consequences are becoming the problem... watching every law on the books being broken and then watching Democrats enforce no punishment is sickening -- it's time to use the courts or what is left of them to see if we still have a functioning judiciary.

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a few points to jump at you...

1. Bush has stated "I don't use email"..

Oh, maybe thats because he used unofficial email address to conduct official business.

2. Last week, the white house counsel beefed up it legal team.

Yea, maybe because they knew of such data was going to be hitting the media and wanted to "again " cover their asses!

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welcome to the hunt club division of the "vault" Yale University.

They have all kinds of special privileges

Privilege - Wikipedia, the free encyclopedia
A privilege—etymologically "private law" or law relating to a specific individual—is a special right or immunity granted by a government to a restricted ...

get my meaning?

those arent "lost" or deleted emails you better believe, ... instead they are just for those that later need to review them before postulating a new way of taking 'Risk" with what the feel is their elite devine right and futhermore their entitlement and birthright and we feel is our country and it's opportunity.

Time to ask them why we would disagree on the basics.

freedom isnt easy to come by and never was

servitude was always preferable to those who could pay for it

asking the country to pay for it's own chains ... uhhh

I'm ready to ask these questions of those who have no problem indicating they want me to pay to their extended benefit while shunning my responsibility to my own and to our society

against all enemies ... foreign and domestic

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Yeah, this is so serious that the corporate media is completely ignoring the story.

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NEW DOCUMENT DUMP! at the house Jug. site

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Impeach - starting with Abu Gonzo.

That takes away the "executive privelege" storyline on the emails, if I'm understanding what I've heard correctly.

Once the ball gets rolling, believe me, they'll never get it stopped before the kingpins get knocked over too.

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Question, why does Bud Cummins work as an consult for a fuel company? Does he or does he not work for the DOJ?

In the current dock dump 6.14.07 there is an email with him stating his position as an consultant for a fuel company but using the title for him self as USDOJ?

Can anyone explain this!

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I second the RICO comment. They should be treated like any other organized criminal organization and have their assets summarily confiscated by the government.

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Electronic data is difficult to permenantly erase. Some would even say that a hard disk drive isn't completely formatted until you format it 15 to 20 times in a row.

Of course, the RNC may have done the next best thing: "Oops! we accidentally traveled to an active volcano and threw every RNC HDD in liquid magma. I don't recall why. Our bad, definitely."

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They've got all kinds of OUR money and resources to fight against this country and call us the "American Taliban".

that wont stop even if we said NO!

The money will be sent to Hallibuton, Dubia anyway.

Oh, and now Paraguay, that can be used to clear brush and test out new death squads and basically intimidate South America political leaders.

Bush aint done although we'd all like to think he's all done and we'd like to be done with that miserable stench he's left of american society and it's international reputation.

Our government under George H.W. Bush creamed the underclass for the rich interests that supported foreign (American Oil Corporations) in a brutal bombing and mowing down of economically suppressed areas of Panama, while using the excuse that they were serving an interrnational warrant for Noriega, for drug smuggling. George knew alot about that because he'd arranged for the first shipments of crack to be delivered to our urban centers to make some profit and buy some guns and replacement parts for Iran and to "kill some *iggars" and street trash here.

Watch Panama Deception if you can find it (the press quite effectively has suppressed it from being avaiable on DVD (awesome when you consider it's an Academy Award winning documentary from that year

too bad so sad

when Bush Sr says New World Order it's in a mocking way

He and the Jewish Mafia think they own this country

We have to sit around wondering which of these two is gonna screw the other one 1st

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Take a look at the attributes on page 5 of 45 of most recent document dump: Stripping out the US Atty/DoJ aspects, we're left with this: [ </o= /OU = /CN = /CN= ]

OU stands for DoJ. Google this, and you'll see more samples of the records: [ </o= /OU = /CN = /CN= DoJ ]

Compare it with this E-mail Archive:
[thelist] CN=Wendy Fite/OU=DCA/OU=AO/O=USCOURTS is out of the office.[thelist] CN=Wendy Fite/OU=DCA/OU=AO/O=USCOURTS is out of the office. Wendy_Fite@ao.uscourts.gov Wendy_Fite at ao.uscourts.gov Tue Nov 21 15:19:28 CST 2006 ...
lists.evolt.org/archive/Week-of-Mon-20061120/186384.html

1. This tells us that the attributes can be cross indexed with common archiving systems. What methods has the DoJ and WH used to retrieve not the e-mails, but the _archive_ of the data; and where on the internet, behind which firewall, can this URL be found for this archive?

2. Has the WH/DoJ discussed the use of the attrirbutes on page 5 as it relates to the external archives kept of the communiations?

3. When the WH/DoJ says it has no e-mails, is it talking about the archives as well as they related to the attributes listed above?

4. What kind of e-mail archive lists does WH/DoJ keep, oustide e-mail systems, that are similar to this: [ lists.evolt.org/archive/Week-of-Mon-20061120/186384.html ]; has DoJ provided to the Congress samples of these weekly archives, as they are linked with the attributes on Page5; and are there any differences bewteen [a] what GOP/WH said was available; vs. [b] what was available in the archive; vs [c] what was available at the URL

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Bud Cummins Number Listed: 501 "831-6152" page 20 of 45; redacted on page 23 of 45

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31 of 51 shows the US Attorney Net. This is an important URL [ usanet.usa.doj.gov ], because Congerss can subpoena all records to find out which IP have hit the URL to determine:

A. Which RNC-related URl/websites/computers were access this site;

B. Which DoJ-related contractors/outside counsel were hitting the site;

C. Wich e-mail was sent via RNC servers _close_ to times that personnel at DoJ/WH/EOP/Outside counsel revivewed information attached to this US Atty website.

D. Identify the IP numbers of all personnel at DoJ, EOP, WW, OVP, and outside counsel who have hit the site; and thier other activities; then compare it to what they are contract for; and compare the differences.

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The time for high-minded rhetoric from the Democrats is over. That ship has long since sailed. It is now time to determine what legal action shall be taken against those implicated in criminal behavior - in public, under oath, with a transcript. If thise Congress does not at least get the ball rollig in the direction of ACTUAL accountability for those at the top of the Bush criminal enterprise, what the hell is the point? If they do not stand up for the rule of law, what do we have?

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Like father like son [http://findarticles.com/p/articles/mi_m0NEW/is_1993_June_9/ai_14018367]

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Imagine "Dick" Nixon ordering his staff to destroy all of the recordings......!

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denise k...

Wow! That is so scary! And that artical goes back over 10 years! That should be sent to Connors, because he was on that committee even back then, and it just might jolt his memory!

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"These violations could be the most serious breach of the Presidential Records Act in the 30-year history of the law."

AND YET I PREDICT NOTHING SUBSTANTIAL WILL BE DONE. NO JAIL TIME. Who said there are two different laws for America. One for the wealthy and powerful and one for the rest of us.

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Ms. Ralston stated that in 2001, Mr. Rove was asked to search his political computer in response to a request relating to an
23 See Bush Aides’ Use of GOP Email Probed, The Associated Press (Apr. 11, 2007).
24 The White House, Press Briefing by Dana Perino (Apr. 13, 2007).
25 Memorandum from Alberto Gonzales, Counsel to the President (Feb. 26, 2001) included within The White House, White House Staff Manual (Feb. 2001) (redacted copy provided to Committee on Oversight and Government Reform).
26 The White House, White House Staff Manual (Feb. 2001) (redacted copy provided to Committee on Oversight and Government Reform).
8 | INTERIM REPOR T: POSSIBLE VIOLATIONS OF PRESIDENTIAL RECORDS ACT
investigation of Enron. She testified that the
Below is a quote from the report on email's. Also, done by H. Waxman! So, here in California they new about the engery criss and the tie it had with the white house! IMPEACHMENT!!! Page 12/13

...White House Counsel’s office would have known about these searches “because all of the documents that we collected were then turned over to the White House Counsel’s office.”27 According to Ms. Ralston, this investigation was related to the Vice President’s energy task force and contacts with Enron.28
In addition, Ms. Ralston testified that Mr. Rove searched his RNC e-mail account in response to several subpoenas from Patrick Fitzgerald during the investigation of the...

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This post was piggy backed on the post above, how is that possible? I posted it under my user name?
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Below is a quote from the report on email's. Also, done by H. Waxman! So, here in California they new about the engery criss and the tie it had with the white house! IMPEACHMENT!!! Page 12/13

...White House Counsel’s office would have known about these searches “because all of the documents that we collected were then turned over to the White House Counsel’s office.”27 According to Ms. Ralston, this investigation was related to the Vice President’s energy task force and contacts with Enron.28
In addition, Ms. Ralston testified that Mr. Rove searched his RNC e-mail account in response to several subpoenas from Patrick Fitzgerald during the investigation of the...

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How about estimating the number of deleted emails and getting a judgment fining the WH or RNC $1k apiece? Might produce a few more. I guess we can't really hope for the GOP to be outlawed the way the communists were in Russia for a while. A boy's gotta dream...

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"Are there at long last NO honest men (or women) left in the Justice Department?"

ding ding ding -- I believe we have a winner.

Wasn't this their idea all along?

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Tell me again why impeachment is off the table?


The clearest print cannot be read through a gold coin.

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the smart people work hard to get the truth to keep themselves informed , but most people are lied too and brainwashed by the coporate media organizations who are so deep in bush's and cheney' pocket. their mouths are forever attached kissing their asses.
how can you expect things to get better when the outright lying goes on right now and tommorrow and in september etc.
These scum have sold out america ,its people, and our laws. in return they get monopolies, huge profits and unprecedented power to keep the lies rolling.
WHO LET THIS HAPPEN?
yeah us.

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Read the end of the executive summary link above (page 3). Looks like Bush-Cheney 04 campaign has refused to give the committee of Congress any information regarding who the emails were to and from and what their content might be. So, the Bush-Cheney campaign committee believes that it is above oversight by the US Congress? Hmm...wonder what those communications contain? Me too.

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Impeachment by the Fall...The government is in shambles, Iraq is a mess, our military is broken. Unless the Repugs throw this guy out, the Republican party will not last the next election.

Posted by: Dave

You must be new around these United States. Yes, all those things have happened, but don't be too sure about where the blame will be placed. When the MSM acts as your personla publicity agency, for free, some amazing shifts in blame can be accomplished. Everything you mention will be the fault of the Democrats, and their allies, "the left" by election time.
Or, as the SC says: screw.

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This apparently happened with the implicit approval of the White House Counsel's Office (under Alberto Gonzales).

Funny, he says something different publicly:

http://www.youtube.com/profile?user=ikbenbangde

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The white house has been evacuated because of a bomb scare. in the white house press room!

Just in time for reporters to start asking questions!? or not!

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Congress can't have it both ways. They can't demand accountability and then take accountability off the table. The constitution has a clear mandate as to how to deal with this kind of an Administration to hold them accountable. When you remove that option then why should Bush and company worry about oversight? Pelosi already said congress was not going to do anything about it.
The corruption is overwhelming, it's everywhere, and it's running rampant. There has never been a time when impeachment was more called for than now.
A special prosecutor needs to be assigned and the RNC records need to be seized and their activities investigated. The corruption couldn't be more obvious.

The sad part is that Democrats will suffer more by not impeaching Bush/Cheney than Bush/Cheney will suffer from being impeached and indicted.

Pelosi will go down in history not for any of her accomplishments, but for the Speaker of the House who took impeachment off the table during the administration of the most corrupt and worst presidency in the history of our nation.

BTW...Shock and Awe has turned into the most Awful Shock...The "purge" has become the "Splurge"... and supporting the troops means protecting them from Bush.
I mention this because there were two reasons we elected a democratic majority...2 issues that trumped all others combined...1)stop Iraq-bring the troops home...and 2) end the corruption--impeach Bush/Cheney...(You see...we knew the corruption was there and rampant and we're still waiting for congress to do something, not just point at it).
So far it's 0-2.

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Impeach. Prosecute. Convict. Punish.

Sick of saying it.

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It ought to be the rule henceforth that when these White House activities are referred to that they be called "criminal activity," or something just has inflammatory. If the White House doesn't like it, then there's a sure way to prove that what they're doing is aboveboard. Release the material.

Otherwise, what is there to hide?

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Since the repeal of the special prosecutor law, the AG, or his deputy, has to appoint any special prosecutor. Not going to happen.

The only arrow left in the quiver is to impeach Alberto Gonzales. That will allow the Congress to appoint a full team of people from within it's ranks to conduct the "prosecution." Lord knows there is plenty of evidence that the AG broke committed any number of high crimes.

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Everything that we see and hear points to the creation of a dictatorship and a fascist/corporatist government.

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Everything that we see and hear points to the creation of a dictatorship and a fascist/corporatist government. sleep

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I have never been so disappointed in our government as I am at present. The Dems, the ones who are supposed to be the good guys, I feel like they've stabbed me in the back. They just aren't fighting hard enough for the things that matter to we the people- no health care reform, no going after the oil industry, caving into Bush on Iraq, pussyfooting around when it comes to attack Bush and his cronies for their crimes.......this nation needs a major enema and it ain't happening. I don't care if they don't get those things but if they care about them, if they care about us people who gave them money and put them in power, they will make them the core issues and put the Republicans on the defensive. But going on the offensive seems completely foreign to the Democrats. Don't ask for me anymore money Harry Reid. Not until you start fighting for we the people and tell the corporate interests to take a backseat. I expected you people to fight like hell and all I see is capitulation and half hearted rhetoric. You would think being caged up, being in the minority for so long would have pissed you people off. I guess in the old boys club of Washington no one ever gets angry. So damn depressing.

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Many good points are being made here, including the urgent need to get impeachment back on the table where it has belonged for a long time. Too bad that included among these many worthy missives is one from an anti-Semitic bigot who calls himself "Kilgore Trout " and who debases the memory of the late Kurt Vonnegut by ranting that the country is being run by Bush and the "Jewish mafia." To anticipate any future claim that he isn't attacking all Jews, only the ones whose views he doesn't like, I will ask him here to explain why Bush, Cheney, Rumsfeld et al are not similarly lumped into the "Christian mafia." If he replies that Bush and company aren't representative of all Christians, then I'll ask him why he considers neocons who happen to be Jewish deserving of being singled out on the basis of their religion while Bush and Cheney are not. Of course, that's the way bigots always operate, but it's a shame to see one of them polluting a liberal website in this way.

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Jay M: (paraphrased) "what are the criminal penalties for violating the Presidential Records Act?"

I was just asking myself that. And reading the PRA, there doesn't seem to be a section dealing with penalties, see

http://www.law.cornell.edu/uscode/html/uscode44/usc_sup_01_44_10_22.html

so I don't know the answer. Anybody else?

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Here is a DOJ page which lists all of the DOJ Court and USA nominations to date, with outcomes.
Nice place to look to see where the displaced USA's since 2001 have moved up to.

http://www.usdoj.gov/olp/nominations107.htm

heh..code word: smell