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Renzi's Lawyers Argue Bush DOJ Leaked Info For Political Gain On Eve Of Election

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Fmr. WH Counsel Harriet Miers and Fmr. Rep. Rick Renzi (R-AZ)

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We now have the lawyers of a former Republican Congressman arguing that the Bush Administration encouraged the Justice Department to leak information on an ongoing probe for "partisan political reasons."

The twist comes in a motion filed Thursday in the case of ex-Rep. Rick Renzi (R-AZ), who was indicted on 36 corruption counts in February 2008. (Read the motion here.)

His lawyers are demanding that the government show why it should not be held in contempt for disclosing information from grand jury proceedings.

The motion lays out the facts we now know, thanks to documents recently released by the House Judiciary Committee, about the White House's apparently successful attempt to secure favorable DOJ leaks on the Renzi probe in the days before the 2006 election.

It points to the email from Harriet Miers, in which she and a subordinate of Karl Rove discussed a call Miers made to the deputy attorney general. The emails suggest Miers asked the DOJ to "deviate" from its standard policy of not commenting on any investigations.

The motion cites a story in the Arizona Republic, published just two days after the Miers email, that quoted an anonymous DOJ official saying, "I want to caution you not to chop this guy's (Renzi's) head off." (It's also worth noting that leaks to the Republic and to other outlets falsely suggested the Renzi probe was at an early stage.)

Renzi's lawyers came to same conclusion we did after reading the Miers email: that, as the motion puts it, "officials in the highest levels of the Justice Department leaked grand jury material and that those leaks were done at the behest of White House officials for improper political purposes."

It asks the court to "investigate whether the Justice Department, in a misguided effort to help Congressman Renzi's re-election bid (or to otherwise minimize culpability from prior leaks), leaked grand jury matters to the press at the behest of Mr. Rove, Ms. Miers, or other White House employees."

Renzi's lawyers are demanding the government show why it should not be held in contempt for violating the federal rule of criminal procedure that bars such leaks.

We'll watch this closely and let you know what happens next.

(Via Politico)

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10 comments

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August 31, 2009 11:56 AM   

Maybe I'm missing something, but this seems like a rather bizarre defense. "DOJ corruption led to my reelection, blame them"? This feels like it's either a particularly desperate hail mary or a "if I'm going down, I'm taking you with me" play.

Also, does anyone else feel it's a little shameful that so many of these Bush-era corruption and abuse of power revelations are coming to light because people involved are talking about them (with a little ACLU FoIA mixed in) and not because of, oh I don't know, DOJ investigations? Imagine the skeletons that would spring out of the closet if the Obama administration bothered to open the door.

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August 31, 2009 12:45 PM    in reply to Stiggs

It's only bizarre because they can argue it in good faith - his defense is legally obligated to do the best that they can to get him off the hook, by crook or ... hook.
By casting doubt on the prosecution, his defense is promoted.

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August 31, 2009 2:48 PM    in reply to kenga

But this indicates an unfair bias in Renzi's favor. What's the remedy going to be? A new trial with a prosecutor that hates his guts?

It seems a little like getting convicted and then complaining that it was an unfair trial because you paid off the prosecution to withhold evidence.

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August 31, 2009 3:15 PM    in reply to Stiggs

The message is "Mistrust the government." That's an effective tactic in nearly any criminal defense.

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August 31, 2009 5:04 PM    in reply to Stiggs

Note the point that the leak/s indicated that the investigation of Renzi was "at an early stage" -- which was FALSE.

That suggests that nothing serious has been found, or is expected to be found, therefore it shouldn't be held against him on election day.

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August 31, 2009 12:23 PM   

My thoughts, exactly, Stiggs. On both of your points.

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drv

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August 31, 2009 2:45 PM   

This is the party always harping about frivolous law suits? I'm no lawyer but don't you have to show some harm has come to you before you can sue someone? Even if they did leak something, you can't just sue them for that fact alone. Don't you need "standing"? What's up with this? What's Renzi's scheme here?

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August 31, 2009 3:12 PM    in reply to drv

This is still the criminal case against Renzi. Though, drv, I wouldn't be surprised if Renzi will file a civil suit; he's that hypocritical and sleazy.

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August 31, 2009 3:21 PM   

Renzi's (R-AZ) 35 felony counts are higher than his IQ, and just a tad lower the IQ of his best buddy and soulmate John McCain(R-AZ).

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August 31, 2009 5:44 PM   

Is Renzi trying to prove that the Government entered into a conspiracy with him for base political purposes?

If so, he's on the right track.

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