« June 15, 2008 - June 21, 2008 | TPMmuckraker Home | June 29, 2008 - July 5, 2008 »

Conyers Finally Subpoenas DOJ For Documents

From Politico:

House Judiciary Committee John Conyers has issed a subpoena to the Justice Dept. for the unredacted interviews with President Bush and Vice President Cheney on former CIA operative Valerie Plame, as well as numerous other documents sought unsuccessfully by Democrats for years.

Conyers is also seeking FBI notes of interviews with some top former White House officials, including Karl Rove, Lewis "Scooter" Libby, Scott McClellan, Dan Bartlett and Andrew Card.

The committee also wants unreleased memos from DOJ's Office of Legal Counsel, including an Oct. 23, 2001, memo related to use of American military forces to combat terrorism within the United States.

Conyers has been asking for those documents for a long time.

U.S. Settles for $5.8 Million With Scientist Accused In 2001 Anthrax Scare

Facing a massive lawsuit, the U.S. Justice Department is opting to give a $5.8 million settlement to Steven Hatfill, the bio-weapons expert publicly tagged as a "person of interest" in the anthrax-in-the-mail scare from October 2001.

The Department of Justice issued a statement this afternoon:

By entering into this agreement, the United States does not admit to any violation of the Privacy Act and continues to deny all liability in connection with Dr. Hatfill's claims.

Hatfill, whose lawsuit against the New York Times was dismissed last year, will receive the lump sum of about $2.825 million and the government will also purchase for him a $3 million annuity that will pay him $150,000 each year for 20 years, DOJ said.

Times columnist Nicholas Kristof was among the first to disclose Hatfill's name in 2002.

The lawsuit charged the Department of Justice with leaking his name to reporters.

The anthrax case remains unsolved. The DOJ statement said:

"The government remains resolute in its investigation into the anthrax attacks, which killed five individuals and sickened others after lethal anthrax powder was sent through the United States mail. We commend the agents and law enforcement personnel who have devoted countless hours to the pursuit of the perpetrator of this horrible crime, and we reassure the public and the victims that this investigation remains among the Department's highest law enforcement priorities."

Late Update: This story was updated from earlier versions to reflect the total value of Hatfill's settlement package.


Big-Time Attorney Dickie Scruggs Gets Five Years In Prison

From the AP

Richard ''Dickie'' Scruggs, the attorney who built his career by taking on tobacco, asbestos and insurance companies, was sentenced Friday to five years in prison for conspiring to bribe a judge.

U.S. District Judge Neal Biggers Jr. called Scruggs' conduct ''reprehensible'' and fined him $250,000. The judge handed down the full sentence requested by prosecutors despite arguments from the defense for half that time in prison.

Scruggs appeared to nearly faint as the federal judge scolded him for his conduct. Some people in the courtroom gasped as Scruggs started to sway side to side and his attorney grabbed his arm to steady him. He had to be seated before the sentence was read.

''I could not be more ashamed where I am today, mixed up in a judicial bribery scheme,'' Scruggs told the judge.


Scruggs's brother-in-law is Sen. Trent Lott (R-MS).

Sen. Norm Coleman Rents Cheap Crash Pad From Political Pal

Serving in Congress and trying to maintain two places to live -- one back home and one in Washington -- can get expensive. (Not everyone has the money for a mansion like Hillary Clinton.)

Luckily, Sen. Norm Coleman (R-MN) has found a cheap place to crash when he's working inside the beltway -- renting an apartment from Republican operative and "robo-call" expert Jeff Larson. Larson and his wife bought the townhouse on Capitol Hill in March 2007 for $989,900, according to National Journal.

Coleman pays just $600 a month for a one-bedroom place in a Capitol Hill townhouse. That's remarkably cheap for the neighborhood, and a fraction of the $1,780 monthly rent Coleman paid on the Washington apartment he left in June 2007, according to a report this week from the National Journal.

Well, at least he usually pays. As the magazine discovered, Coleman doesn't pay his rent as promptly as many Americans.

Earlier this month, after National Journal questioned Coleman and Larson about the living arrangement, the senator said he discovered that his rent for last November and January had not been paid. In mid-June, Coleman covered the back rent with a personal check for $1,200 made out to Larson and signed by the senator's wife. Last year, Coleman sold furniture to Larson to cover one month's rent, according to Larson. And Larson held on to yet another month's rent check for three months, cashing it a few days after NJ's inquiries.

Coleman told the magazine that he moved into Larson's building to cut costs in July 2007. Coleman's Senate salary is $169,300.

It's unlikely Larson will evict Coleman anytime soon, since Larson has derived a lot of financial benefit from his relationship with the senator.

Larson's St. Paul-based company, FLS Connect, is a critical component of Coleman's political operation. The firm, which has raised money and hustled up voters for Coleman, has been paid about $1.6 million since mid-2001 by Coleman's Northstar Leadership political action committee and two Senate campaigns, according to reports filed with the Federal Election Commission. Larson serves as the PAC's treasurer and provides it with office space in St. Paul; Coleman's Senate campaign stopped renting space from Larson last year.

FLS Connect is a go-to shop for the Republicans nationwide for fund raising and providing "robo-calls." In fact, the firm was targeted by the attorney general in Indiana for violating that state's automated call laws. The firm is also linked to The DCI Group, a lobbying firm that came under scrutiny for its work in Myanmar and its ties to the John McCain campaign. They're known for "Astroturf" organizing as well as robo-calls.

Also, Larson's wife has worked for Coleman:

Larson will get no argument on that score from his wife, Dorene Kainz, who went to work for the senator in September 2005 handling requests from Coleman's constituents in his St. Paul office. Senate records show that she has been paid $101,218 through March 31.



Today's Must Read

Yes, the caption at left is correct. That's Governor Jim Gibbons (R-NV), in a warm embrace with a former Playboy model who is most definitely not his wife.

Last we heard in the Gibbons v. Gibbons fiasco, the governor and the First Lady had called a truce in their acrimonious divorce proceedings.

But since that joint statement, Gibbons has been implicated in other acts of philandering: hundreds of text messages to a female "friend" and affectionate outings with younger women-- the most recent of which was caught on film.

The Nevada Appeal this morning, published a series of pictures of Gibbons and a female companion at a rodeo in Reno.

Gibbons responded in a brief statement to the Appeal:

What it shows, according to the governor, is him comforting a stressed out friend. "She was upset, crying," he said during a quick hallway interview with our reporter, who'd been trying to get a comment from the governor or his staff for two days. "She couldn't get her breath. I put my arms around her."

So who is the mystery parking lot woman seeking solace on Gibbons' shoulder?

According to the Appeal:

[W]e did a little checking on our own and now know his companion to be the ex-Playboy-model, ex-wife of an ex-Reno mayor. She is not the woman with whom he has widely been accused of having an affair of late and with whom he exchanged hundreds of text messages at all hours. But he has been seen around Reno with this woman, too. In fact, there are cell phone pictures of the two together at a Reno restaurant posted on area blogs.

Just for some context, the Appeal's photo spread comes in the midst of a huge budget crisis in Nevada.

Pentagon Wants Investigation of Air Force Lobbying Effort

Was the Air Force lobbying against the Pentagon on Capitol Hill?

This morning The Hill reports:

The Air Force has been ordered to investigate whether officials lobbied members of Congress improperly on a plan to merge military bases.

Deputy Secretary of Defense Gordon England asked the secretary of the Air Force --days before he was forced to resign -- to conduct an internal investigation after Sen. John McCain (R-Ariz.) raised concerns over the Air Force's actions.

McCain, the GOP candidate for president, believes a provision in the 2008 emergency supplemental sponsored by Sens. Daniel Inouye (D-Hawaii) and Ted Stevens (R-Alaska), the leading defense appropriators, was the result of lobbying by Air Force officials. Similar language is in the House bill.

The measure would allow a military service secretary or the head of another federal agency to delay or veto a decision by the Base Realignment and Closure Commission (BRAC) on "joint basing," an initiative that requires branches of the military to consolidate bases to save money.

Rep. Cooper by Day; Hacker by Night?

A strange thing happened at a House Oversight hearing today, with a witness accusing a congressman of hacking a secure website, and claiming he was currently being investigated by the FBI.

The Committee hearing examined questionable practices at Pedernales Electric Cooperative. During the interrogation Rep. Jim Cooper (D-TN) cited documents that he said came from "secret, password-protected website" of the National Rural Electric Cooperative Association, in testimony today in front of the Committee

In response, NRECA President Glenn English, a former Congressmen from Oklahoma, claimed that the NRECA counsel had told him that Cooper was in the process of being investigated by the FBI for taking unauthorized information from their website.

As Roll Call reports, the allegation upset the hearing and unleashed a flurry of denials:

Cooper responded that someone had given him authorization and provided him with a password to download the documents, but English said that only he or a limited number of other officials from the organization could authorize access. Chairman Henry Waxman (D-Calif.) immediately gaveled the hearing to a close.

An FBI spokesman said the bureau "doesn't comment on accusations made by others concerning its investigative activity."

Cooper spokesman John Spragens said, "This is a bogus attempt to intimidate Congress from trying to investigate an industry. The idea that a Congressman would be under investigation for conducting an investigation is laughable. That's why we have the Constitution."

Spragens added, "We have no reason to think that Congressman Cooper is under investigation."

House Judiciary Committee Gets Ready To Subpoena Mukasey

It looks like the House Judiciary Committee will finally play hardball with Attorney General Michael Mukasey.

Committee chairman John Conyers (D-MI) has been requesting a range of documents from DOJ for a long time. Some of the issues date back as far as Election Day 2002, when Republicans in New Hampshire jammed the phone lines for a Democratic get-out-the-vote call bank, an effort one GOP operative said was modeled on the U.S. Marines tactic of jamming the enemies communications.

Now Conyers has the authority to subpoena that stack of records after the subcommittee on commercial and administrative law took a vote today and gave him the formal go-ahead.

They're looking for records of interviews from the DOJ investigation into who leaked the identify of CIA agent Valerie Plame Wilson, documents that may shed light on allegations of selective prosecution, and the details behind the replacement of Minnesota's U.S. Attorney Rachel Paulose. The committee is also requesting Office of Legal Counsel memos and enforcement reports from the Justice Department's Civil Rights Division.

Speaking of the Civil Rights Division, Conyers and several other lawmakers today sent a letter to Mukasey urging stop stonewalling a GAO investigation of the Civil Rights Division. Amid allegations that political pressures were shifting the division's priorities, Congress in March 2007 requested the Government Accountability Office conduct an investigation. Lawmakers say DOJ has not provided the documents and data needed to fully analyze the division's enforcement work.

The lawmakers also said they had "received reports that DOJ officials have removed key documents from files, claiming that GAO does not have a right to access predecisional or deliberative information that sets forth the Division's rationale on whether or not to pursue a case."

"We are troubled by the lack of transparency and refusal of the Department to cooperate fully with GAO's investigation," the lawmakers wrote in today's letter.

State Put AEY On Trafficking Watchlist, Then Signed Contracts With Arms Dealer

We were somewhat astonished this week to learn that the Pentagon had awarded a $298 million contract to arms dealer AEY Inc. despite the fact the company and its then-21-year-old president were on the U.S. State Department's Arms Trafficking Watchlist.

An Army general said, quite simply, they don't typically check that watchlist before awarding big contracts.

Now we've found evidence that the State Department might not be checking its own list.

AEY and its president, Efraim Diveroli, were on the watchlist as early as April 2006 because U.S. Immigration and Customs Enforcement (ICE) had started an investigation of the company in 2005 for "numerous violations of the Arms Export Control Act and contract fraud," according to the House oversight committee.

Yet according to a government Web site that tracks federal contracting activity, the State Department on Dec. 1, 2006, signed a purchase order for $113,967 with AEY to provide a batch of K3 Light Machine guns.

Less than two weeks after State officials inked the new deal with AEY, someone at Foggy Bottom was adding to the company's watchlist file. According to the oversight committee's report:

On December 12, 2006, the State Department made the following entry to the watchlist regarding both Mr. Diveroli and his company, AEY:

"There appear to be several suspicious characteristics of this company, including the fact that Diveroli is only 21 years old and has brokered or completed several multi-million dollar deals involving fully and semi-automatic assault rifles. Future license applications involving Diveroli and/or his company should be very carefully scrutinized."

Nevertheless, State continued to do business with AEY.

According to the public records:

In February 2007, the State Department signed a purchase order for $70,330 for AEY to provide bullet proof vests.

Also in Februrary 2007, the State Department signed a purchase order for $166,357 for AEY to provide "340 Halographic Weapons Systems and 400 RICO Alpha 9 Tactical Weapons Systems."

In June 2007, the state Department signed a $34,878 purchase order for more bullet proof vests.

Legally, the watchlist doesn't have much teeth to it. It was set up for officials to consider when signing off on weapons deals. According to the committee's report:

In 1968, Congress passed the Arms Export Control Act to require companies engaging in the brokering of weapons and ammunition to obtain a license for each transaction. The State Department's Directorate of Defense Trade Controls may deny or revoke licenses if it "deems such action to be in furtherance of world peace, the national security or the foreign policy of the United States, or is otherwise advisable." To help make these determinations, the State Department maintains a watch list of suspect individuals and entities based on information it receives from law enforcement, the intelligence community, and other government and non-governmental sources.

AEY finally lost its license in March 2008, after the New York Times began asking about the company.

A spokesman for the State Department said they're not going to comment while the department's inspector general is investigating the matter.

Quote of the Day: Vice President Is a "Barnacle" on the Legislative Branch

Between David Addington failing to submit testimony, and John Yoo forgetting his words, not a whole lot was cleared up by the House Judiciary Committee's hearing on interrogation techniques at Guantanamo Bay.

But on the bright side Rep. Steve Cohen (D-TN), did manage to clarify a very important question. Just what branch of government is the Vice President in?

Cohen: Mr. Addington, what branch are we in?

Addington: Ah, sir, perhaps the best that can be said is that the Vice President belongs neither to the executive nor to the legislative branch, but is attached by the Constitution to the latter. That's from two legal opinions issued by the office of legal counsel to the Department of Justice dated March 9th, 1961, and April, I believe, it's 18th, 1961 by, I believe, Mr. Katzenbach if I remember. . .

Cohen: So he's a member of the legislative branch?

(cross talk)

Addington: No. I said attached by the Constitution to the latter. He is not a member of the legislative branch because the Constitution says that the Congress consists of a Senate and a House of Representatives. The Constitution further says that the Senate consists of Senators and the House of Representatives consists of Representatives and he is neither a Senator nor a Representative.

Cohen: But he is attached to the legislative branch?

Addington: That's the quote I read you.

Cohen: So he's kind of a barnacle.

(voice off camera): Kind of a what?!

Addington: He is attached. . . the word was attached by the Constitution to the latter. I don't consider the Constitution as a barnacle, Mr. Cohen.

Cohen: No, the Vice President. Since he's really not fish or fowl, he's just attached to something.

But don't take our word for it:


Feds Raid Blackwater Compound

From the AP:

Federal agents raided Blackwater Worldwide this week as part of an investigation into a deal that allowed a local sheriff's office to store high-powered assault rifles at the company's armory in Moyock.

Blackwater spokeswoman Anne Tyrrell said Thursday that investigators with the Bureau of Alcohol, Tobacco, Firearms and Explosives searched Blackwater's armory Tuesday as part of the investigation. She said she did not know whether the weapons in question were seized.

Late Update: The Raleigh News & Observer reports:

Agents of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives have confiscated nearly two dozen automatic rifles from Blackwater Worldwide, the private security contractor and firearms training company in Moyock, N.C.

The move came two days after a story in The News & Observer raised questions about the legality of Blackwater's deals to buy the guns for the Camden County Sheriff's Department. The security firm kept the rifles at its giant firearms training facility and used them in training law enforcement officers and members of the military.
...
Company spokeswoman Anne Tyrrell said ATF agents came to Blackwater Tuesday and took all the rifles there owned by Camden.

"It was not a raid," she said. "We were cooperative."

Law Professor Confused by SAT Word

Rep. Keith Ellison (D-MN) tried to pin John Yoo down on what exactly happened after he wrote his most infamous torture memo for the Bush administration, but like David Addington before him, Yoo seemed to have a small problem remembering his words:

Ellison: The name on the memo was Bybee, but you contributed to the memo right?

Yoo: Yes, sir.

Ellison: The memo was implemented at some point. Is that right?

Yoo: What do you mean by implemented sir?

Yoo later cited attorney client privilege in declining to answer questions about what happened after he wrote the memo.

Rep. Artur Davis (D-AL) interrupted Ellison's line of questioning to summarize the subcommittee interrogators' frustrations:

I have been on the committee for a year and a half, I've never seen two witnesses, frankly, struggle as much to appreciate ordinary use of terms and questions. Would you consider instructing the two witnesses to answer the questions that they're asked and if they wish to elaborate or clarify they can ask to do so, but given that we have time constraints I would ask that the chair admonish the witnesses to err on the side of being responsive as opposed to constantly quibbling over word choice because I've never seen it to the degree I've seen it today.

The seven and a half minutes of excruciating video are here:

Addington: Unitary Government? Wha's That?

After grilling John Yoo on the possibility of burying suspects alive, the great, grumpy committee Chairman John Conyers (D-MI) turned his attention to David Addington to question him on the Unitary Theory of the Executive, something Addington should know something about, oh, considering that was his primary justification for torturing terrorism suspects:

Conyers: Do you feel that the Unitary Theory of the Executive allows the President to do things over and above the stated law of the land?

Addington: The Constitution binds all of us, Congressman, the President, all the U.S. members of Congress, all of the federal judges. We all take an oath to support and defend it. I frankly don't know what you mean by the Unitary Theory of Government. I dont -

Conyers: Have you ever heard of that theory before?

Addington: Oh I have, I've seen it in the newspapers all the time-

Conyers: Do you support it?

Addington: I don't know what it is.

Conyers: You don't know what it is.

Addington: No, and it's always described as something Addington's the great, you know-

Conyers: I see.

We know. It's great, but it's even better in color:

Chinese Ammo Wasn't Illegal, Diveroli's Attorney Says

Efraim Diveroli's hot-shot Miami lawyer, Howard Srebnick, concedes that the 22-year-old president of arms dealer AEY Inc. bought massive stockpiles of old Chinese ammo and shipped them to Afghanistan.

But Diveroli didn't break any laws, the attorney says in a statement released to TPMmuckraker:

The federal regulation cited in the indictment (paragraph 10) prohibits delivery of ammunition acquired "directly or indirectly, from a Communist Chinese military company." The regulation does not prohibit an American from selling Chinese-made ammo to the U.S. Army if the ammo was acquired before the 1989 Chinese munitions embargo. Indeed, pre-embargo Chinese-made ammo is readily available on the internet.

The U.S. Army solicited bids for the ammo to arm Afghan (not U.S.) soldiers fighting the Taliban. The government knows that Mr. Diveroli purchased the Chinese-made ammo from the Albanian government, which had acquired the ammo back in the 60's and 70's, before the Chinese embargo and before Mr. Diveroli was even born. Mr. Diveroli did not acquire the Chinese-made ammo, "directly or indirectly," from ANY Communist Chinese military company.

The government has misconstrued the statute as a ban on all Chinese-made ammo so that the U.S. Army can avoid its multi-million dollar contractual obligation to Mr. Diveroli. Fortunately, a federal judge and jury -- not a government bureaucrat -- will decide who's right.

Conyers to Yoo: Could President Order Suspect Buried Alive?

David Addington is going to say as little as possible to the House Judiciary Committee today. The Vice President's chief of staff didn't submit testimony today or make an opening statement, and he successfully stonewalled the first round of questioning from subcommittee Chairman Jerrold Nadler (D-NY). He did submit 10 exhibits to the committee as evidence, but it's not yet clear what they consist of.

But then it was Chairman John Conyers (D-MI) turn to ask questions. And he went toe to toe with Yoo, the former DOJ attorney and torture-memo author extraordinaire:

Conyers: Could the President order a suspect buried alive?

Yoo: Uh, Mr. Chairman, I don't think I've ever given advice that the President could order someone buried alive. . .

Conyers: I didn't ask you if you ever gave him advice. I asked you thought the President could order a suspect buried alive.

Yoo: Well Chairman, my view right now is that I don't think a President . . . no American President would ever have to order that or feel it necessary to order that.

Conyers: I think we understand the games that are being played.

Here's the video from the hearing:

The Daily Muck

Circumstances should be looking up for Gitmo detainee Huzaifa Parhat: A recent Supreme Court ruling allows detainees at Guantanamo Bay the right to challenge their imprisonment, and an appeals court ruled Parhat was never an "enemy combatant" in the first place and was illegally detained. But despite the apparent good news, Parhat's lawyer says "I'm not allowed to tell him" of his impending freedom. (Think Progress)

Improvised explosive devices (IEDs) in Iraq are responsible for more U.S.-troop deaths than any other weapon. Since 2003, the Pentagon has spent $10 billion devising ways to disarm them. Though IED attacks are down by 88 percent since May, bureaucratic logjams have caused obstacles to a surefire solution. (Politico)

Sen. Ted Stevens (R-AK) is taking fire from John McCain for a provision in the 2008 emergency supplemental that appears to be the result of Air Force lobbying. The provision would give a military service secretary or the head of another federal agency the right to veto or postpone a money-saving initiative that would require branches of the military to consolidate. An internal investigation of the Air Force has been requested. (The Hill)

Read more »

Today's Must Read

Sen. John McCain's campaign manager, Rick Davis, took leave from his lobbying firm in 2006. He often reminds us that he derives no income from the firm these days.

Yet Davis derived financial gain from his relationship with McCain for years after running the senator's first bid for the GOP nod in 2000 -- and would likely garner similar benefits even if McCain loses this time around.

A story in today's Washington Post offers some details about that relationship throughout the past eight years.

In all, Davis, his firm and a company he helped start have earned at least $2.2 million in part through their close association with McCain, his campaign and his causes, according to a review of federal campaign, tax and lobbyist disclosure records.

Davis's lobbying firm, Davis Manafort, has a client list that has included Verizon and SBC Communications, a Ukranian holding company Systems Capital Management and Russian magnate Oleg Deripaska, a close ally of Russian President Vladimir Putin. He has also worked as an uregistered lobbyist representing the interests abroad of foreign politicians and businessmen.

After McCain dropped out of the Republican primary in 2000, Davis continued to work for -- and fundraise -- for the senator.

When McCain started the Reform Institute in 2001 to promote campaign finance reform, he turned to Davis. Though still actively lobbying, Davis pulled in $120,000 as an institute consultant in 2002.

Davis brought with him other McCain insiders, and fundraising took off. In 2003, tax filings show, Davis earned $110,000 in fees, and in 2004 and 2005, while he served as president of the institute, his salary totaled $165,000. Tax forms said he worked five hours a week or "as needed."

The Post profiles a few examples where Davis was raking in lobbying fees from companies that McCain was helping out on Capitol Hill.

In 2003, for instance, DHL Holdings (USA) and Airborne hired Davis to lobby the Senate to facilitate a merger. Hotly opposed by shipping giants FedEx and United Parcel Service, the merger encountered opposition from Sen. Ted Stevens (R-Alaska) on the commerce committee. McCain took steps that helped Davis's clients. He thwarted Stevens's effort to insert language into legislation that would prohibit foreign-controlled companies such as DHL from holding certain military contracts.

Davis's firm earned $125,000 from Airborne in 2003 and $465,000 from DHL parent company Deutsche Post World Net (USA) from 2003 to 2005, records show.

The Post also reminds us how Davis's outside business dealings have apparently caused tension inside the campaign, particularly last year when McCain was struggling with money and far behind in the polls. There was a lot of grumbling -- and still is -- about the firm 3eDC that Davis helped hire and also partly owned.

Davis has confirmed that he owns a stake in 3eDC. Over several months, McCain's campaign doled out payments to the firm approaching $1 million.

The 3eDC contract initially brought objections from top advisers, who argued that it smacked of self-dealing. After the summer campaign shake-up, it appeared that payments to the firm ceased.


Davis is not alone among those in the campaign who have recently shed their lobbying ties but may have banked some money in previous years.
Longtime fundraiser Carla Eudy earned $138,434 working for McCain's 2000 presidential bid. But she made far more -- $813,000 -- working for McCain's leadership committee, the Reform Institute, and another nonprofit McCain chaired, the International Republican Institute, tax records show. Some of the money has gone to her company. Trevor Potter, McCain's top lawyer, has brought in nearly $750,000 in fees for his law firms by working for such endeavors, as well as $949,000 in compensation over five years for the nonprofit he helped create, the Campaign Legal Center, which has defended in court the McCain-Feingold campaign finance law, tax records show.
ad_icon

Firms run by Rebecca Donatelli, McCain's Internet strategist in 2000, have since then done more than $700,000 in work for McCain-related endeavors, though the campaign notes that some of that money has gone to cover credit card transaction fees for money raised online.

Addington and Yoo to Testify Today

Just in case you've forgotten (and we hope they don't), David Addington and John Yoo are set to testify before the House Judiciary Committee this morning on interrogation practices at Guantanamo. It starts at 10 ET and if they actually show up, we'll be watching and posting developments, so be sure to check back for more.

If you'd prefer to watch yourself, it will be televised on CSPAN-3, or you can watch the streaming video straight from the Committee's website.

Who Is Esther Slater McDonald?

Only two people were tagged in the DOJ Inspector General's report (pdf) released yesterday for having violated federal law and department policy by screening applicants for career positions based on "political or ideological" factors.

One, Michael Elston, the former chief of staff for the deputy attorney general, we've already heard plenty about and has been in the mix since almost the moment the story of the politicization of DOJ broke. But the other, Esther Slater McDonald, is new to the DOJ name-game.

So who is she?

The IG report covers the time in which McDonald served as counsel to Associate Attorney General Bill Mercer, a short time frame of just thirteen months. But though she was there just a little over a year, McDonald's name peppers the OIG report (pdf) over 100 times. She was deeply involved in trying to ferret out the political leanings of applicants. The report describes her frequent Internet searches of applicants to determine if they were "anarchists" or "leftists."

When [Daniel] Fridman, [an assistant U.S. Attorney and fellow Screening Committee member] asked McDonald how she obtained the additional information, she told him she conducted searches on Google and MySpace, and read law review articles written by the applicants. For example, Fridman recalled that one candidate had written a law review article about the detention of individuals at Guantánamo, and McDonald noted on the application that she perceived the applicant's viewpoint to be contrary to the position of the administration. On another application, McDonald noted that she found information on the Internet indicating that a candidate was an "anarchist."

So where did this human resources wunderkind come from in the first place?

McDonald, who arrived at DOJ in September 2006, was part of the crowd of young DOJ hires who came in during the second Bush term after Alberto Gonzales moved from White House counsel to attorney general. They had limited experience, fierce loyalty to President Bush and sterling conservative credentials.

According to McDonald's LinkedIn profile, she's an alum of Pensacola Christian College and Notre Dame Law School. After graduating in 2003, she worked for Jones Day before being ushered into the hallowed halls of Gonzales' DOJ by none other than the Monica Goodling herself:

On June 13, 2006, a partner at the law firm e-mailed Monica Goodling to recommend McDonald for a position at the Department. Goodling interviewed McDonald later that week. McDonald was hired as a political appointee as Counsel to Acting Associate Attorney General Mercer and began work on September 5, 2006.

Goodling, who would later be forced to resign as part of the U.S. attorneys scandal, was another young inexperienced DOJ official. She had done her undergraduate work at Messiah College in Pennsylvania and graduated from law school at Pat Robertson's Regent University. At age 33, she served as a liaison between DOJ and the White House.

McDonald's new job included assisting with oversight of DOJ grant programs, the Antitrust Division, and the Executive Office for U.S. Trustees. Within weeks, Mercer assigned her to the Honors Program/SLIP Screening Committee, which would ultimately be her downfall. Goodling was happy with the choice, according to Elston:

Elston said that when he informed Goodling that McDonald was to be on the Committee, Goodling "seemed pleased that Esther had been picked and said something to the effect 'well, she's had experience in this sort of thing.'"

It's not clear what experience Goodling was referring to, but McDonald got to work screening applicants for their fealty to conservative ideology. On one occasion, McDonald marked three candidates as unacceptable, because of their "leftist" views. As she wrote in an email at the time to Fridman and Elston:

Poverty & Race Research Council actively works to extend racial discrimination through increased affirmative action and, while there, [the candidate] helped draft document arguing that federal law requires recipients of federal funding to seek actively to discriminate in favor of minorities (racial, language, and health) rather than merely to treat all applicants equally; Greenaction is an extreme organization founded by Greenpeace members and promoting civil disobedience and engaging in violence in protests, and the organization adheres to the Principles of Environmental Justice, which are positively ridiculous (e.g., recognizing 'our spiritual interdependence to the sacredness of our Mother Earth' and 'oppos[ing] military occupation, repression and exploitation of lands, peoples and cultures, and other life forms'); [the candidate] also is/was a member of Greenpeace; [the candidate's] essay is filled with leftist commentary and buzz words like 'environmental justice' and 'social justice.' [emphasis ours]

Within months her work on the Screening Committee would come under scrutiny. When first contacted for an interview by the OIG in September 2007, McDonald agreed. But then she postponed the interview so she could secure counsel. A new interview date was set for October 25, 2007, but department investigators would never get to interview McDonald.

At end of business day on October 24, McDonald's attorney sent an email to investigators, informing them that his client was canceling the interview and was no longer an employee of the Justice Department:

We learned that McDonald had resigned from the Department, effective October 24. On the evening of October 23, she had told her supervisor, Acting Associate Attorney General Katsas, that the next day would be her last day at the Department. Katsas said that her resignation came as a surprise to him.

Since leaving DOJ, she has been working as an associate at the D.C. law firm, Seyfarth Shaw.

DoD Could Have Gotten Old Ammo For Free

One question left unanswered by the officials summoned to Capitol Hill yesterday to talk about arms dealer AEY was this: Why did U.S. taxpayers end up spending $300 million for Cold War-era ammunition rounds which it easily could have gotten it for free?

Eastern Europe is full of old Soviet-era ammunition. And many countries have been offering to give it away for years. Countries like Bosnia, Bulgaria and Hungary.

In fact, the Albanian Defense Minister himself offered to give the U.S. virtually the same ammo that AEY ended up providing under contract.

The House oversight committee report said:

The Committee has been informed that on December 23, 2007, the Albanian President and Defense Minister traveled to Iraq to meet with General David Petraeus, the commander of Multi-National Force-Iraq, and Ryan Crocker, the U.S. Ambassador to Iraq. According to Major Larry Harrison, the Chief of the Office of Defense Cooperation, he personally accompanied the Albanian officials on this trip and attended the meeting. Major Harrison informed Committee staff that the Albanian officials offered to donate the country's surplus ammunition to Afghanistan and Iraq. According to Major Harrison, General Petraeus rejected this offer because Albania was known to possess large quantities of Chinese munitions, which cannot be received under United States law.

That's the same Albanian defense minister, Fatmir Mediu, who a few months later reportedly called a late night meeting with U.S. Ambassador John Withers in Tirana and talked about how to conceal the Chinese origins of an AEY shipment. The ammunition was purchased by AEY to supply the Afghan Army.

Mediu had made his offer of free ammo very publicly.

Incidentally, Mediu resigned from his post a few months ago after a massive explosion at a weapons depot in Albania killed 26 people. It was a major disaster for such a small country, and underscored Albania's massive weapons stockpiles. AFP reported:

The Socialist-led opposition accused the government of corruption in dealing with the disposal of obsolete weapons, and called on Prime Minister Berisha to resign.

Army Denies Major Removed from Post for Blowing Whistle on Albania Cover-up

The Pentagon is dismissing reports that Army Maj. Larry Harrison was removed from his post as a military attache at the U.S. embassy in Albania after he started talking to the House oversight committee.

In a statement just released by the Army's European Command, spokesperson Lt. Col. Elizabeth Hibner, says that Harrison remains in his post in Tirana, but was already scheduled to be transferred this summer:


MAJ Harrison sent his memo for record to the J-5 desk officer for Albania on April 18, 2008. The desk officer forwarded the memo to the European Command Judge Advocate's office for consideration. Before further action could be taken, the House Committee on Oversight and Government Reform Staff contacted MAJ Harrison by phone and conducted a preliminary interview.

During the interview, MAJ Harrison referred to the memo, and later provided it upon request of the Committee staff. Following the interview call, the US European Command Washington Liaison Office contacted OSD Legislative Affairs. Subsequently, OSD Legislative Affairs contacted MAJ Harrison to notify him the Committee had formally requested an opportunity to interview him.

MAJ Harrison began a transcribed interview with members of the Committee staff. During the interview, MAJ Harrison requested an opportunity to consult with legal counsel, terminating the interview. At MAJ Harrison's request, personal counsel was assigned by the Army Judge Advocate Corps.

MAJ Harrison is still assigned as Chief, Office of Defense Cooperation in Albania. However, he has served in that position for his scheduled 2 years, and is due for an assignment during this Summer's move cycle.

EUCOM has not coordinated with the Department of State about this issue.


Harrison sent an April 18 memo to his commanders about alleged misconduct by State Department officials at the Albania embassy.

Obscure Liberal Leanings Disqualified Candidates from Bush DOJ

Esther McDonald is no John McCain when it comes to the Internet.

According to the DOJ OIG report released yesterday, the former counsel to Associate Attorney General and member of Honors Program Screening Committee, gathered information to determine the politics and ideologies of their applicants, looking at blogs, MySpace pages, school newspapers, and old articles. Those searches were then used to weed out applicants with liberal leaning affiliations:

[Micahel] Elston, [chief of staff to the Deputy Attorney General] and [David] Fridman, [a former Screening Committee member] both remembered McDonald circling items on candidates' applications and writing remarks about those items, including employment or affiliations with organizations, judges, law school professors, and legislators who could be considered liberal.

In examining the hiring decisions of McDonald and the Screening Committee, many DOJ divisions looked into why their recommended applicants had been disqualified.

One candidate, a Harvard Law graduate, with an A- average, had interned in a U.S. Attorney's office and came highly recommended, but was declined by the Screening Committee. The Civil Rights Division appealed the decision:

Rena Comisac, Principal Deputy Assistant Attorney General for the Civil Rights Division, told us that after the appeal was submitted, Elston informed her that the Screening Committee had found an article on the Internet in which the candidate was quoted as expressing regret that he had not participated in the 1999 World Trade Organization (WTO) protests in Seattle.

According to Comisac, Elston said that if the candidate wanted to participate in the Seattle WTO protests, which in Elston's opinion were close to a riot, then the candidate would not hesitate to chain himself to the front steps of the Department if he did not like the way something was being done. Comisac told us that it was clear to her that "any additional appeals would not be productive" and that she decided not to pursue the matter further.

Other candidates were deslected due to their past affiliations:

[Daniel] Fridman, [a member of the Screening Committee] recalled that one candidate was at the top of his class at Harvard Law School and was fluent in Arabic. McDonald's written notations indicated that she had concerns about the candidate because he was a member of the Council on American Islamic Relations and that she had placed the application in the questionable pile.

In his testimony, Elston largely denied a candidate's politics or ideology as a role in deselection -- or in failing to grant appeals of deselected candidates -- but he did recall other patterns in his process:

We asked Elston about another deselected Honors Program candidate who was enrolled in a joint degree program for law and urban planning at Harvard, served as an articles editor on a law journal, graduated in the top 5 percent of his undergraduate class at Harvard, and had worked on a congressional campaign for a Democrat. Elston said he remembered the applicant because he had "chuckled" at the following portion of his essay:
In high school I thought that I wanted to captain a Green Peace skiff in the North Atlantic. I figured that was what serious environmentalists did, and I wanted to be a serious environmentalist. I decided later that potential martyrdom on the high seas was not for me, and rather than operate at the margins, I would prefer a job in which I could have a less antagonistic and more direct impact.
When asked how he voted on this candidate, Elston said, "A lot of times when I chuckled, I said no."

DOJ Cancels "E-Discovery" Training For Office of Special Counsel

Today is U.S. Special Counsel Scott Bloch's big morale-boosting "retreat" over at a swanky hotel across the river in Alexandria, VA.

As we noted last week, there was something a bit preposterous about the day's schedule -- Bloch hosting a training session about how to obtain email evidence when he himself is under FBI investigation for deleting emails.

It looks like the Department of Justice agreed. A DOJ official that was scheduled to lead the "E-Discovery Training" seminar (Scott Bain from the Civil Division) backed out at the last minute, leaving a 90-minute hole in the "retreat" that Bloch had set up to boost morale.

"It's a case of scheduling and we're trying to reschedule it," Charles Miller, a spokesman for DOJ, told TPMmuckraker this morning.

The Daily Muck

A report by the Government Accountability Office says that more than $2 billion given to Pakistan by the U.S. government to fund counterterrorism efforts may not have been used for its intended purpose. U.S.-funded army roads and bunkers may never have even been built, with the millions of U.S. dollars going to unknown uses. (Washington Post)

A U.S. Army officer, Maj. John Cockerham, and his wife, Melissa Cockerham, pleaded guilty to a money laundering scheme involving contracts in Iraq. Maj. Cockerham, who was responsible for awarding contracts worth millions of dollars, admitted to taking or being promised over 9 million dollars in bribes for contracts while in Kuwait. (Associated Press)

The Attorney General's office in Illinois is planning to file a civil suit Wednesday against mortgage lender Countrywide Financial Corp and its chief executive Angelo Mozilo after an investigation which began last fall. The Attorney General's office claims that Countrywide engaged in "unfair and deceptive practices" in the sale of their mortgage loans to homeowners. (Wall Street Journal)

Read more »

Today's Must Read

The Bush Administration's newest tactic for policymaking is to ignore emails.

The New York Times reports today that White House officials simply refused to open an email from the EPA last year because they knew it contained a policy recommendation they didn't like -- part of the Administration's on-going battle with scientists at the EPA over global warming issues.

The document, which ended up in e-mail limbo, without official status, was the E.P.A.'s answer to a 2007 Supreme Court ruling that required it to determine whether greenhouse gases represent a danger to health or the environment, the officials said.

Instead of officially acknowledging the email and responding to it in a normal bureaucratic manner, the White House instead launched a behind-the-scenes campaign to pressure the EPA to drop the recommendation's essential conclusions.

Both documents, as prepared by the E.P.A., "showed that the Clean Air Act can work for certain sectors of the economy, to reduce greenhouse gases," one of the senior E.P.A. officials said. "That's not what the administration wants to show. They want to show that the Clean Air Act can't work."

The White House lost its battle in the Supreme Court. It's stonewalling efforts by lawmakers on Capitol Hill to investigate the policy-making process. And now there's evidence that it is not only rejecting but even ignoring efforts by the EPA to adhere to a U.S. Supreme Court decision.

At least one EPA official quit over the email incident.

White House pressure to ignore or edit the E.P.A.'s climate-change findings led to the resignation of one agency official earlier this month: Jason Burnett, the associate deputy administrator. Mr. Burnett, a political appointee with broad authority over climate-change regulations, said in an interview that he had resigned because "no more constructive work could be done" on the agency's response to the Supreme Court.

He added, "The next administration will have to face what this one did not."

Before he left for Washington for the first time, former President Harry Truman got a piece of memorable advice: "Work hard, keep your mouth shut, and answer your mail."

Maybe President Bush never got that same advice.

Did the Feds Really Raid Sweeney's Congressional Office?

We were as surprised as anyone to hear last week that the FBI had searched the congressional office of former Rep. John Sweeney (R-NY) shortly after he lost his reelection bid in 2006.

The Albany Times Union reported that the FBI "took computers, cellphones, various electronic devices, equipment and records from his aides, two sources familiar with the matter said."

That sounded like a pretty big deal to have gone unreported for 18 months, especially since in the meantime Rep. William Jefferson (D-LA) successfully challenged the constitutionality of an FBI search of his Capitol Hill office.

So we started calling around to see what more we could find out about the Sweeney raid. The people we talked whom you would think would know about such a raid expressed the same surprise we did.

"There haven't been any other searches that I'm aware of," said Amy Berman Jackson, one of Jefferson's attorneys who helped appeal the search. During the time period between the Jefferson raid in May 2006 and the final court decision in the case in August 2007, the FBI was "really hamstrung" regarding investigations of congressional offices, she said.

Kerri Hanley, the deputy Sergeant at Arms for the House, said she'd heard nothing about it. And a spokesperson for Speaker Nancy Pelosi's office was unfamiliar with any raid on Sweeney's office.

Nevertheless, a person with knowledge of the investigation tells TPMmuckraker that the FBI did take the unusual step of asking Sweeney to preserve his computer records for further investigation after he left office. He did so voluntarily, which made any search mostly unnecessary, according to this source.

We repeatedly called Sweeney's attorney, E. Stewart Jones in Troy, NY, and got no response.

A grand jury in Washington is scheduled to convene on Friday to hear evidence in the investigation of Sweeney and his wife. And we're still curious whether the name Jack Abramoff will come up during that proceeding.

Fired U.S. Attorney Among Those Who Appealed DOJ's Hiring Decision

We already knew that Michael Elston, chief of staff to the Deputy Attorney General and former U.S. Attorney Carol Lam, weren't best buds. Their acrimonious phone calls over her December 2006 firing as U.S. attorney for San Diego are well known, but according to the DOJ Inspector General's report issued today, the two butted heads as early as October 2006, over the "deselection" of a young attorney for the Justice Department Honor's Program.

On October 11, 2006, Lam sent an email to Elston inquiring as to why a candidate, an honors graduate from Stanford Law School who had held a Federal clerkship, was unqualified. Lam told the OIG that she suspected the candidate was deselected because of a previous article she had written on gender discrimination in the military, and because the judge she clerked for was a Clinton appointee.

From the report (pdf):

Elston replied by e-mail that most deselections were for poor grades. He acknowledged, however, that poor grades did not appear to be the issue with this candidate, and he offered to check into the application and let Lam know whether an appeal would be successful.

Elston replied later that day: "I have reviewed her application materials, Carol. I do not think an appeal will be successful. If it helps, she was not selected by the other components to which she applied."

Lam responded: "Thanks Mike. Just curious, though - I don't see anything unacceptable in her online application that was made available to us. Do the other components see something that I don't?"

Elston replied: "Not that I know of, Carol."

Elston was found by the report to be in violation of federal law for hiring candidates on "political and ideological" grounds.

Before leaping to the conclusion that Lam's firing, which has yet to be fully explained, was prompted by the honors program dispute, keep in mind that Lam's name appeared on a preliminary list of U.S. attorneys to be fired as early as January 2006. She was then fired in December of that year, one of eight U.S. attorneys asked to resign by the Justice Department, but one of the only ones (at least initially) to put up a fight. At the time she was asked to leave, Lam was in the midst of securing indictments on CIA operative Dusty Foggo and defense contractor Brent Wilkes.