Comments (235)

Darren7160 wrote on January 16, 2007 3:32 PM:

As usual... the people who wanted to try to usurp power never believe that their power is only momentary... even with congressional borders being changed and all the power and money of K-Street...

They never once asked themselves if this is something that they want to give to the hands of a Democratic President. Again, hubris and arrogance!

On behalf of all the Democrats and Liberals, we than them. Just as they chose to take away any power of the minority party in Congress and the Senate... it is but a few short years before they will be out of the White House too and looking in!

MarkC wrote on January 16, 2007 3:47 PM:

The Griffin example -- an oppo researcher -- is so basely cynical that it is hard to imagine Congress not doing something about this provision. You might as well give your inebriated myopic cousin the car keys, except in this case the justice system is the car.

Hedley Lamarr wrote on January 16, 2007 3:58 PM:

Jesus to baldy! - have any Democrats read the effing Patriot Act??

Long Memory wrote on January 16, 2007 4:24 PM:

Question for Hedley: Have you read the Constitution. These guys have been giving Mussolini a bad name for a long time. And when Congess calls them on it (I still hold out hope) then perhaps the tables will turn. Or they'll turn in 2008 when a Democrat wins and the GOP wants to reconsider the totalitarian aspects of the Patriot Act. I call it Ashcroft's Folly, but you need to get real: Congress wasn't SUPPOSED to read it. They were hurried into passing it, and they were afraid. (Now, if they haven't yet read it, then that's another problem.)

oldtree wrote on January 16, 2007 4:30 PM:

I hold our congress in contempt. this is treason. it is beyond unconstitutional.

who is going to bring impeachment charges? today.

mbbsdphil wrote on January 16, 2007 4:47 PM:

Sen. Feinstein and Rep. Pelosi had better repeal that provision. Otherwise, the Democrats will be electioneering from court and before federal grand juries as well as on the hustings.

Sad that any Congress credibly expected Mr. CheneyBush not to abuse executive authority. Mr. Griffin, in particular, is a close shot across the Democrats' bow. He has spent his entire career digging out dirt exclusively on Democrats. Unlike, say, his former Republican colleague in San Diego who convicted Republican Rany Cunningham of bribery and put him jail. She was undoubtedly replaced pour encourager les autres into not repeating her "disloyalty".

editor wrote on January 16, 2007 5:17 PM:

Okay, I'm confused.

The link to the LAW indicates:
the AG can appoint a judge for up to 120 days. The President has 120 days to nominate a successor to that appointment and if he does not do so then the District Court can appoint someone to fill the spot until the President can do so.

Unclear to me is whether 546(c)(2) means Senate confirmed or merely nominated.

Also unclear to me is what the point of this is. Basically the District Courts are removed from choosing their membership even if the 120 days is past.
So, the plan is that the Pres tells the AG who to appoint, then doesn't nominate a successor, or nominates someone who is unconfirmable?

editor wrote on January 16, 2007 5:22 PM:

what I meant by "Also unclear to me is what the point of this is" was, what the point of the PA provision is. Not the point of section 546 .

Al in Austex wrote on January 16, 2007 5:28 PM:

These Republican / NeoCons are criminals. We tried to stop them here in Texas during the 1980's and early 1990 's. Rove melded Bush to this NeoCon /NeoFacist agenda. Make no mistakes these guys & gals play for keeps.
If the Democratic Leadership was smart they would take every dismissed USA and put them to work as Investigative Staff for Congressman Waxman.
We either make BushCo walk the plank legally like Nixon had to -with robust Congressional Oversight ,or we will have to take it to the next level if the NeoCons stay in Power.
Happily Congressman Bob Barr , introduced Vice President Al Gore- when Gore gave an inspired speech defending civil liberties - by any and all means necessary.
Make no mistake "these are the Times that try men's souls" . We need to make sure all of us stand up to this madness.
Al in Austin, Texas.

Stealth wrote on January 16, 2007 5:37 PM:

Best I can figure, here's the original Title 28, Section 546, and the italics represent the language that the PATRIOT Act removed:

(a) Except as provided in subsection (b), the Attorney General
may appoint a United States attorney for the district in which the
office of United States attorney is vacant.

(b) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent.

(c) A person appointed as United States attorney under this
section may serve until the earlier of -

(1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or

(2) the expiration of 120 days after appointment by the Attorney General under this section.

(d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the
court.

What'd I love to see is the argument for why this makes us any safer against terrorism. It's not like the original law left any vacancies, and the Prez+Senate had four months to replace temporary appointees.

liz wrote on January 16, 2007 5:38 PM:

Really and truly , Congress should null and void the Patriot Act. It unsurps the Constitution and therefore is treasonous, illegal and wrong for America. Patriot Act is what changed America folks. It MUST go regardless of whether Dick and George go or not... the Patriot Act IS* the problem. Kinda like Hitler and the Enabling Act.....

Stealth wrote on January 16, 2007 5:39 PM:

Okay, italics didn't work. Here's the new verison:

(a) Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant.

(b) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent.

(c) A person appointed as United States attorney under this section may serve until the qualification of a United States attorney for such district appointed by the President under section 541 of this title.

mac2151 wrote on January 16, 2007 5:44 PM:

Andy Shore can't fund the Republican legal defense team with Dobson and 2000 bookies in
jail.

kurtl wrote on January 16, 2007 5:47 PM:

The Patriot Act was bad law, is bad law and will continue to be bad law. Until we have a new administration and a solidly democratic Congress to overturn it, we will continue to see our freedoms eroded. Welcome to Bush's Brave New World folks.

JC wrote on January 16, 2007 6:02 PM:

Paul,

I said this before, but I'll say it again - isn't this just a stealth mode of the Friday Night Massacre? Why isn't this considered by one and all completely, utterly, unacceptable? Indictable? Impeachable?

Al in Austex wrote on January 16, 2007 6:05 PM:

Where are the Repulicans like Senators Hagel, Brownback, Smith , Voinovich, & Coleman on the BushCo on this issue ? What if USA Lam was on to some very bad malfeasance & war profiterring ie Brent Wilkes , Randy Cunningham , & Dusty Foggo.
What if say Chuck Hagel found out that Brent Wilkes shennigans had put the Troops in the field at risk.
My bet would be that these same Senators now breaking ranks with BushCo would really be ready to take on these Neo Thug criminals if the USA firings could be linked to the dismal failures in Iraq.

conrad wrote on January 16, 2007 6:18 PM:

Abuse of the law for political purposes. Is it provable? You can't just change legitimately appointed officials because you don't like what they're doing. You can't appoint judicial officials with specific ends or prosecutions in mind. There's no democratic or republican justice, only due process for all.

Impeachment time.

Conrad

Teanster wrote on January 16, 2007 6:40 PM:

Have they decided that they want impeachment? Because with these sort of shenanigans, it doesn't seem like there's any other option.... except perhaps having Congress refuse funding for any Secret Service operations designed to protect the president....

Anon wrote on January 16, 2007 7:28 PM:

These are not judicial officials. They are executive branch officials, part of the Department of Justice, working for Alberto Gonzales, nominated by the President and subject to service at his discretion. Did the Patriot Act reauthorization chiange 28 USC 541(c)?

"Each United States attorney is subject to removal by the President."

There may be something to look into re: why are all these happening at once, or why are some in particular being forced out, but it's not like they are federal judges.

slb wrote on January 16, 2007 7:45 PM:

"Sen. Feinstein and Rep. Pelosi had better repeal that provision."
------
And exactly how are they going to do that? Even if a repeal passed both houses of Congress, the president is going to veto it. And I doubt they could pass a repeal by a veto-proof margin in both the House and the Senate. So we're stuck until we can get a new president.

I'm beginning to be very sorry that they didn't institute a parliamentary system in 1789. Then again, that would have given us a Republican president in 1994.

LOL!! The securiety word is "nail" -- as in, "Let's nail these guys." I wish.

Jeany wrote on January 16, 2007 9:35 PM:

Hey, were's me props? I wrote a comment about the Patriot Act on yesterday's story White House Pushes Out Another Prosecutor [http://www.tpmmuckraker.com/archives/002340.php] and then e-mailed the info to the TALK address at Talking Points Memo. That should at least rate a hat tip if not some schwag. :D

bakho wrote on January 16, 2007 10:05 PM:

"Whitewater" was manufactured by GHW Bush during the 1992 campaign against Clinton and used attorneys to push a politically motivated agenda. They want to put people in position to file charges against any potential Democratic candidate in 2008 in order to try to steal the election.

informedandangry wrote on January 16, 2007 10:26 PM:

Can't we have some kind of class action lawsuit and sue Congress and Bush for gross incompetence. The proceeds could be used to fund independent media or some other much needed cause.

SouthernYankee wrote on January 16, 2007 10:28 PM:

Bush isn't as stupid as we think he is. The only difference between this administration and Stalin administration was Stalin would kill them off. If this administration could do that and get away with it he would do it. Gosh this is really bad - makes me wish for the good old days of Clinton. All he was guilty of was getting his jollies.

sally wrote on January 16, 2007 11:06 PM:

Look-we all sat back under the guise of the fear of terrorism and allowed our senators and congressmen to vote unanimously to approve the "new" patriot act. no one squawked then! no one said this is a bad idea, senator, represntative, congressman so and so...make sure you vote no...and if they didn't we the people did not hold them accountable and now we are all crying because we never thought "it could happen here"....i've said it before and i will say it again-we've brought this on ourselves by being complacent and apathetic. the bush administration is able to get away with this because the populous is more interested in the next "american idol" than saving our nation

maineimpeach.org wrote on January 17, 2007 12:17 AM:

The only answer is a massive groundswell for impeachment. Please visit our website. Sign the petition only if you are from Maine, please. Go forth and do likewise. The outrages are piling onto each other so fast it's hard to keep track.

Deborah wrote on January 17, 2007 12:22 AM:

The Democrats didn't read the legislation, is what.

Yellowbird wrote on January 17, 2007 1:19 AM:

How long is it going to take?

How many more assaults can our Constitution withstand before our entire nation falls into dust?

It is obvious that the Senators and House Members of the 109th Congress NEVER READ THE PROVISIONS of bills they had no power to amend or stop.

What has always bothered me is that they voted FOR anything at all that was shoved down their throats. The first order of business when you are being mistreated is to dig in for the fight.

Currently WE THE PEOPLE are insensed because our inept Congress has allowed this usurpation of our freedoms. They have been active participants in the dis-assembly of our Constitution. They have played a major part in the demolishing of our nation.

Will we stand up and DEMAND they put an immediate stop to this insanity? They should REPEAL the Patriot Act Immediately. They should Repeal the Homeland Security Department Immediately. They should Defund the War and IMpeach the Presidunce.

We should be in the streets to STAY until they do.

If we are not willing to do that one small thing?

We don't deserve our nation.

The Bush Administration is counting on us chickening out.

Will we make them happy and chicken out just like our Congress did?

The ball is in our court.

Anon from SF wrote on January 17, 2007 1:21 AM:

check out Dianne Feinstein's 8 minute speech condemming the unjustified firing without cause of these US Generals.

http://www.youtube.com/watch?v=NNWbJV1eBMk&eurl=

These US Attorneys are being replaced with Repub Yes men in order to disrupt ongoing investigations of any Republican figures and and future Republican figures.

This is just the beginning of the end --ya'll ain't seen nuthin yet--the military commissions act paves the way for Bush/Cheney to legally declare martial law when they finally provoke Iran into attacking us. the Arab Times says there will be a full out war declared by the US on Iran by April.

Bruce Oren wrote on January 17, 2007 1:29 AM:

This was in the Patriot Act ostensibly as a stopgap measure in the event of the wholesale murder of U.S. Attorneys by terrorists. The Bushevics designed and now use the provision to further politicize the justice system. Shame. Liars. Murders. Tyrants. Our elected officials have thus far failed to protect us from these evil, power-mad scoundrels bent on dictatorship and empire. The only way to stop these fascists is impeachment and incarceration. 2008 will be too late. Impeach and prosecute NOW.

ae wrote on January 17, 2007 2:22 AM:

Sally, some people squawked, but were condemned and shouted down as being unpatriotic. I blame the American people themselves for the state the country is in, but more than that I blame the Democrats in the Congress and Senate for being so passive and acquiescent(only a few had the balls to dissent). They should have known better and acted more aggressively against the bullshit that was being spewed from the White House. I blame the Republicans for going along with and actively supporting the hysteria, whether they believed it themselves or not. Most of all, though, I blame Bush and his cabal. May they burn in hell, along with Saddam and his disgusting sons.

LOL wrote on January 17, 2007 2:27 AM:

The first thing Clinton did when he was elected is fire all the DOJ DA's. The only difference here is how they are replaced.

Dems and Reps suck. Until Amerika recognizes this, the problems will NEVER go away.

time for revolution wrote on January 17, 2007 3:03 AM:

if this isn't the trigger that puts millions of american's into the streets, then there is no chance we won't be in full blown MARTIAL LAW once the dollar collapses anytime soon, due to the M3 'print it faster than toiletpaper' gig that Paulson is up to (why he was arrested in Europe, amongst other criminality for the Carlyle Group)

this is a pivotal moment for the nation. either we overthrow this illegitimate son of a bitch or we go down in death camps built by Halliburton. which way is it, folks??

Vierotchka wrote on January 17, 2007 4:24 AM:

Didn't Hitler do something very similar, sweeping juges and attorneys away? Isn't this just another aspect of the GOP/Right-wing's attack on the judiciary?

Becky-Sue wrote on January 17, 2007 4:59 AM:

I volunteer to give Dubya a blow job (eeew) if that helps.

Rama Schneider wrote on January 17, 2007 5:53 AM:

And just how did all those dum Dems expect the PATRIOT Act to be used? As a freakin' hot dog bun?

This is really stupid. Dems like Feinstein vote for big guvmint police powers, and then they cry when the big guvmint police powers are used.

No, 'this' isn't stupid ... the Dems are.

salty sam wrote on January 17, 2007 6:15 AM:

America needs a hero. Some one with the ways and means to take on these treasonous bastards and expose them for what they are. The first step is to show they are NOT "distinguished gentlemen" and are NOT deserving of respect...Expose them for the greedy power mad assholes they really are.

Sue wrote on January 17, 2007 6:34 AM:

You always hear about people "getting off on a technicality" and I submit that the fact that these jobs were NOT actually "vacant" - these people were literally forced out, would make what they are doing illegal and therefore not implementable. Can we at least get all of Congress to agree on that? They need to keep raising these points so people can become acquainted with what's really going on with our cherished system of checks and balances. Of course, you would also need some sort of mainstream media method of delivery too, sigh............
What we'll get is "Dog - The Bounty Hunter" or "Cops" or "24" to kinda get us used to what's coming.
REPEAL ALL LEGISLATION PASSED UNDER THE CHENEY/BUSH REGIME ! 2000 was the coup folks, and we need to REVERSE it.

Wilma Moore wrote on January 17, 2007 8:10 AM:

If everything that's been done regarding the law since 2001 were put together - starting with the "frivolous lawsuits" thing which basically cut off "we the peoples'" rights to legal justice, to the systematic "overhaul" of the whole legal process in this country, I think the puzzle becomes pretty clear. The time will come when even the Supreme Court is nothing more than a body of old men spending their time musing on how important the law was at one time.

David Strong wrote on January 17, 2007 8:51 AM:

A joke making the rounds down here in Texas:
Q. What's the difference between Hitler and Bush?
A. Hitler was elected.

pastor agnostic wrote on January 17, 2007 9:27 AM:

We now face the prospect of military tribunals for US citizens. We have warrantless wiretaps, authority to enter people's houses and search and sieze without warrants, and we have our mail being opened on a whim.

We have the last bastion of independence being erased - the US Attorney. Forget about the Supreme Court - the Bush administration has ignored it for six years. The same goes with the other courts. All they have to say is that national security demands that their actions be permitted without oversight.

Anyway that you look at it, you can come to only one conclusion: This is the start of martial law in the United States.

No wonder Darth Cheney never planned to run for office - they were never planning to give up the power once they grabbed it.

Now watch for some terra alert and some concocted plot against a city in a blue state.

steve19 wrote on January 17, 2007 10:21 AM:

Pastor Agnostic, reality check. The US Attorneys are hardly a "bastion of independence." They're political appointees. Besides, it's the Assistant United States Attorneys who actually do all the work. They have civil service protection and most have been around a lot longer than Bush has. I'm sure there are as many Democrat AUSAs as there are Republican.

Should you watch the administration like a hawk? Sure. Is this "the start of martial law in the US?" I doubt it.

Jane Doe wrote on January 17, 2007 10:47 AM:

The PATRIOT Act is the tragedy of America in the 21 Century.
The only way to deal with this fascist, totalitarian rape of our
Sovereignty is to repeal, rescind and bury it like the dead.

It is destroying our country and setting precedents for countries
that never pretended to care about freedom - or had a Constution
Bill of Rights or inalienable rights.
The ripple effect of this legislation is being felt like an aftershock around the world.
How many more examples do we need before we see how this is
going to be the end of this country as we loved it.
Do we actually want to recreate the Third Reich and Stalanism here in our country ?
We can no longer set an example to the world of what freedom means - because we have none here anymore.
It is time to restore the Constitution, Bill of Rights and our inalienable right in America.
DEMAND that Congress and the Senate repeal, rescind and
obliterate The PATROT Act and restore Habeaus Corpus.

Robyn wrote on January 17, 2007 11:00 AM:

The threat of anthrax will make you do anything. Remember when anthrax was mailed to those guys that dared print pictures of the twin drunken whores and Dashcle and Leahy? Remember on 9/11 when that plane "crashed" before it could get to the Capital? If that plane hadn't been delayed for an hour on the tarmac we would be living in complete hell, that plane would have wiped out the Capital in which both houses were in session, it would have killed an untold number of Congresscritters, that failed so they had to go with the anthrax, while it didn't kill everyone so Dumbya would have complete control of the country, the anthrax hits gave them enough. Congress and the media have sucked the neocon empty ballsacks ever since. Threats of death will do that to a person. Wake up Amerika. I'm tired of living in the Bush crime family hell. What more does it take to get you to realize what is going on in this country????

GrannyBgood wrote on January 17, 2007 11:04 AM:

Just posting to see if Big Bro is busy here too: At Americablog and Crooks and Liars you get a page of Gobbledy-gook when you try to post, most disconcerting is the part that says it's being FORWARDED before you post. Forwarded to WHO, is the question!

Patriot wrote on January 17, 2007 11:59 AM:

I do not believe that the current administration intends to ever relinquish power and are insulating themselves from any legal challenge to any of their policies. Martial law is right around the corner along with concentration camps. Everytime that you see a roadblock where you are supposedly examined to see if you have been drinking alcohol (DWI checkpoints) you are being subjected to indoctrination to subservience to authority as well as allowing the police to perfect control of the movement of population. In every old war movie that I ever saw about WWII the SS and Gestapo always confronted citizens by stating "Your papers please".

sunscreen wrote on January 17, 2007 12:21 PM:

Where was all your screaaaamy, pant-wetting rage when Bill Clinton fired every last sitting US Attorney on his first day in office in 1993?

Hmmm?

BLTUDOR wrote on January 17, 2007 12:47 PM:

Where is the rage? Where is the redress?
What can ANY of you do?
NOTHING. The power is already passed.
Amerika is going down.
How can anyone possibly change anything by writing OPINION here?
Better go get yer guns - er - if you got em.

Rottie wrote on January 17, 2007 2:11 PM:

I find this rather amusing to a bunch of rabid comments about the actions of this president, I my opinion this happened 6 years to late. Where were all of you people when Clinton fired every US Attorney within 3 months of taking office? You know, the same ones that were investigating all of the corrupt democrats? What a bunch of pious hypocrites, you act like this only happens with republicans.

sally wrote on January 17, 2007 3:50 PM:

ae states, "I blame the American people themselves for the state the country is in"

pretty much what I said.....WE ARE THE GOVERNMENT< PEOPLE!!!!!!!!

Read the Constitution! We've let this happen. The people in Congress et al can only do what they are doing because "We the People" have allowed it.

Kenny wrote on January 17, 2007 4:52 PM:

Maybe if our lawmakers read what they voted for, we wouldn't have this. Pelosi voted for it.

JC wrote on January 17, 2007 5:57 PM:

What makes anyone think Bush thought this up all by himself?

Dave wrote on January 18, 2007 2:56 AM:

stop making fun of our great dictator. He is a greatest leader of americas! yay Senor Bush! Arriba!

John wrote on January 18, 2007 1:44 PM:

Here's what I understand is going on.

Under the old law, the President or Attorney general could make a temporary appointment to fill the vacancy until a permanent replacement US Attorney was confirmed by the Senate.

If a permanent replacement was not comfirmed within 120 days, the Federal District Court judge appointed a temporary US Attorney, who may or may not be the person appointed by the President or Attorney General.

The new Patriot Act, changed this provision so that the temporary US Attorney is not subject to replacement by the District Court after 120 days. The result of the change is the President can appoint a US Attorney and never submit a name to the Senate, effectively nullifying the confirmation process.

I'm surprised they didn't attempt to do the same thing with Federal Judges.

John wrote on January 18, 2007 2:05 PM:

Let me add something else - I keep reading comments about how the Democrats didn't read the bill. You have to look at how things operated under the Republican controlled Congresses of the past 6 years.

First of all, this is section 502 of the Patriot Act reauthorization. Figure that means there are at least 501 sections before it, which probably means this is one or two paragraphs buried somewhere on page 600 or so of the bill.

You have months of committee hearings in both the House and Senate, where the language of their respective bills are hammered out. After the bills are passed by both the House and Senate they go to a conference committee to reconcile the differences in the language used by the two houses, and here's where the alligator gets into the swamp.

Under Republican control, the conference committee was totally Republican, no Democrats appointed by either the Speaker of the House - Dennis Hasthart or by the President of the Senate - Dick Cheney.

The conference committee gets to rewrite the bill any way they see fit, before reporting it back to the House and Senate where it is subject to a UP or DOWN vote, no ammendments allowed.

Frequently this UP or DOWN vote took place only hours after the conference committee reported the bill out.

Even if the changed bill has been printed and distributed, how much time do the Democrats really get to read through a thousand plus pages of a bill to find the one paragraph where the conference committee has slipped a partisan mickey into the bill? How long does it take to find the partisan screw job, and will our intrepid heroes find the answer in time?

Randy Nason wrote on January 19, 2007 11:49 AM:

Julius Caesar was elected Dictator for life, after repeated wars without provocation, behind-the-scene manuevering, smear tactics and outright murder-for-hire practice. Except that this all happened two thousand years ago, we haven't evolved or learned a thing.
The Democrats have a lot of work to do and had better not be lenient or sympathetic. The Republicans had thier chance and blew it. We all saw how "bipartisan" they were willing to be and to what lengths they were willing to go to f- the American people and reward themselves.

sally wrote on January 19, 2007 5:27 PM:

Again-people-you all must realize that nobody, republicans or democrats, could f*@k the American people unless "WE THE PEOPLE" allowed it and that's just what we did by sitting back and eating the bullshit that was fed to us!

snake wrote on February 5, 2007 9:33 PM:

What a bunch of NEO-COM (that's neo-communist) pussys! Bush, to aid in the development of a "new tone" in Washington (remember that you dip shits?) DID NOT ASK FOR THE RESIGNATION OF ALL OF YOU ASSHOLES, PRICKS, AND PUSSYS left over from the Clintonista era. He's tried to get along w/you sorry mofos since 2001 and all you have done is try to cut his balls off like you did with Nixon (do you remember that particular political coup? Didn't think so!) So now he's exercising his perogative under the Constitution as Head of the Executive Branch and calling for their resignation NOW! He has every right to do this and there are some of us who are ex-Democrats who told him in 2001 he was wasting his fucking time trying to get along with the sorry, ignorant, low-life mofos such as yourself who think your shit doesn't stink. We should take your sorry asses out and reactivate the old internment camps of WWII and put you losers in it. Psuedo-intellectual bastards like you will destroy this nation inside of 20 years.

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