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Specter: Measure Was News To Me, Too
An update to my post below from this morning's hearing.
If Sen. Arlen Specter (R-PA) is to be believed, no one in the Senate, not even himself, realized that the law had been changed governing the nomination of U.S. Attorneys -- a change that gave the administration the power to appoint federal prosecutors indefinitely without Senate confirmation.
In later remarks during this morning's hearing, Specter explained to Sen. Dianne Feinstein (D-CA) that he didn't know about the provision until she approached him on the floor and asked about it recently. He then asked his chief counsel, Michael O'Neill, who explained that the provision had been inserted into the USA PATRIOT Improvement and Reauthorization Act at the request of the Department of Justice.
So Specter is angry at the insinuation that he "slipped in" the change... but not even he knew that his own staff member had made the change.

Comments (70)
NCProsecutor wrote on February 6, 2007 12:26 PM:So now we learn that GOP staffers in the 109th Congress simply did as they were bid by the Bush administration without checking with their bosses first?
Gives a whole new meaning to Rubber Stamp Congress.
Ajay Kalra wrote on February 6, 2007 12:27 PM:How pathetic is this? Specter has no control over his own staff? Does he even deserve to be in Congress? These guys have simply been there for too long. They have no respect for constitution or laws of this country.
slb wrote on February 6, 2007 12:30 PM:It's always the staff, isn't it? The elected officials collect fat salaries and pensions and health benefits and are responsible for nothing; when something goes wrong, they just point the finger at the hired help, who apparently are really running the country.
So: If Specter is telling the truth and his staff made a material change in the law without anyone who actually has the Constitutional authority to make law knowing about it, how many people has he fired for such unauthorized tinkering, and why haven't we heard about that yet?
Gary Reilly wrote on February 6, 2007 12:38 PM:This is a prime example of why Specter disgusts me so much. He beat cancer AND a vicious attack from the Club for Growth in his last election . . . for what?
He rolls over every single time. He has no balls whatsoever. I simply can't understand, why? He fought the cancer, he fought to keep his seat, but for what? Bush and his goons have made a mockery and a laughingstock of him at every turn. His legacy, too, is swirling down the the drain, just so much soiled paper following the Turd in Chief.
POed Lib wrote on February 6, 2007 12:39 PM:Has he fired the asshole? Is the asshole who inserted this under indictment? Certainly someone signed something admitting legal responsibility for this.
Someone needs to go to jail about this.
Crust wrote on February 6, 2007 12:41 PM:Well, I guess the "Senators had three months" excuse is out the window. If his own staff slipped the provision in and he didn't know or discover it, he has no right to point fingers at others for not discovering the provision. Pathetic.
Specter needs to fire the staffer in question and contritely explain what went wrong with his process that an action of momentous impact was made in his name without his knowledge.
Crust wrote on February 6, 2007 12:44 PM:One precedent for this sort of bizarre right hand doesn't know what the left hand is doing behavior on Specter's part: he previously falsely denied proposing amnesty for the Administration's illegal eavesdropping. See Glenn Greenwald at http://tinyurl.com/nrd4u for details.
Richard L. Adlof wrote on February 6, 2007 12:46 PM:INQUIRIES:
1. Is the 'staffer' still employed by Specter's office?
2. If so, why?
3. Isn't submitting legal documents in another persons name illegal? Fraud? ID theft?
4. Is the ex-staffer under arrest?
5. Isn't it time that Arlen consider retiring . . . Apparently, his nap-time is getting in the way of him managing his office . . .
Karim wrote on February 6, 2007 12:50 PM:This is sick. Where is the oversight? Where is the accountability?
Chris Coda wrote on February 6, 2007 12:54 PM:Remember when the "Staff" slipped in the provision to let members of congress look at people's tax returns?
Didn't the "Staff" at Martinez's office send out that memo about how to make a brain-dead woman into a political football?
jeffgee wrote on February 6, 2007 1:03 PM:Another example of an unelected staffer making laws.
P J Evans wrote on February 6, 2007 1:08 PM:What's the point of elections if staffers can do this?
Expect the errant staffer to find a new position at the White House.
So staffers are the ones writing laws?
Excuse me, that's not their job.
Arlen (and all the others who use 'a staffer did it without my knowledge' as an excuse) need to 'retire for health reasons' now, so we can get in people who actually will do the job.
EH wrote on February 6, 2007 1:21 PM:Shit flows downhill...
TheraP wrote on February 6, 2007 1:27 PM:Wasn't Specter a former prosecutor?
And we're supposed to believe someone with prosecutorial experience would let this just slip by?
mr.ed wrote on February 6, 2007 1:34 PM:The tooth fairy did it. You believe, don'tcha?
busdrivermike wrote on February 6, 2007 1:35 PM:Maybe it was the same magic bullet that killed Kennedy that slipped the fascism into the "patriot act".
To all who do not know, it was Specter on, part of the Warren Commission, who authored the "magic bullet" theory,to explain how a bullet could make a u-turn in midair and enter Kennedy's body a second time.
Different day, same weasley bullshit from the corporate lackeys who pose as our elected officials
Ray R wrote on February 6, 2007 1:35 PM:The staffers have been writing the laws for decades. They usually brief the boss of any "substantive" changes before the bill is moved.
Has this kind of thing happened before? Plenty of times except this time the change was discovered, publicized and admitted to by the Senator. The Senator or House member admitting to this is what makes this situation unique. The usual response from the "boss" when something like this is discovered is to keep it quiet and just make a note to fix it on another bill.
The Hill staffers are incredibly powerful people, especially committee staffers that are considered the experts on their committee's subject area and are the ones that always prepare the final draft of legislation; even if they received it predrafted by a lobbyist.
The previous comment that this language was inserted at the behest of the DOJ and that the staffer has not been named or fired just shows how powerful staffers have become. If you want to get something done in DC, lobby the staffers first.
Monty wrote on February 6, 2007 1:48 PM:I'm so old I remember when "personal responsibility" and "accountability" referred to actual concepts before being co-opted by the rightwing pr machine.
EasyRider wrote on February 6, 2007 1:55 PM:Staff inserts new laws without Congress knowledge or knowingly approval of such laws changes.
House Leadership replaces approved law with law that was rejected by House members (voted down and not approved), the President signs the bill and it becomes law and the Surpreme Court says it is okay.
That is what is wrong with the GOP. Corrurpt through and through, top to bottom.
Get all of them out of all government positions from local dog catcher to President. Remove them from office now.
DrSteveB wrote on February 6, 2007 2:02 PM:so who asked (paid) them to do it...?
NeilS wrote on February 6, 2007 2:03 PM:Several times in the recent past Specter backed down in disputes with the Whitehouse, e.g. the FISA court oversight, habeus corpus, etc. Both times there was talk about possible scandals involving Specter's aides.
Does the administration have something on these people?
Bill wrote on February 6, 2007 2:10 PM:If I was a resident of Pennsylvania I would expect the Specter to resign from the senate. His reason he didn't know before Feinstein asked him about is weak and disgraceful. And the fact that he is angry at the insinsuation that he "slipped in" the change is a petulant act of protesting just a little too much.
I swear the NSA program of illegal eavesdropping was a concerted effort by the Bush criminal cabal to get something dirty on all 535 members of congress to blackmail each and every member whenever it suited the criminals' needs. I swear that is what has been happening. I wish I could prove it.
Reggie T wrote on February 6, 2007 2:12 PM:Since unauthorized powers were inserted into the bill, the law must be declared invalid at once and a revision proposed at Congress. If Specter doesn't demand the revision, then he is colluding with other criminals. And I wage a buck that he won't seek any revision. He is a split personality - one side is a crook and the other side is a liar.
Guscat wrote on February 6, 2007 2:28 PM:I guess we've now found out that Michael O'Neill is the Dick Cheney of the US Senate.
Jim Houston wrote on February 6, 2007 2:30 PM:Hey Spector-LIAR,LIAR,PANTS ON FIRE!
jon wrote on February 6, 2007 2:33 PM:The thing that makes this more unbelieveable than anything is that he is just finding this out today when this has been a hot issue for weeks? What has his staff been telling him? Has his staff been on vacation all this time and they just got back from the moon (or maybe Orlando)? This is just not a believable statement from Sen. Specter
Aunt Deb wrote on February 6, 2007 2:37 PM:How did this actually happen? Brett Tolman was counsel for crime and terrorism for the Senate Judicial Committee under Hatch and then under Specter. The Deseret News says Tolman "helped the two senators gain support for the renewal of the Patriot Act." Tolman was then nominated for the position of US attorney of Utah by Hatch, supported in his nomination by Specter, Frist, DeWine, and McConnell. But the White House opposed this, pushing for Kyle Sampson, Alberto Gonzales' chief of staff for the position.
Tolman was nominated and appointed and this language somehow got in this bill.
Anonymous wrote on February 6, 2007 2:40 PM:But is the provision law ? Specter can add a managers amendment without debate, but his staff clearly has no such authority. I think that, if Sen Specter was genuinely unaware of what was done in his name, the provision is not law and the so called new US attorneys are nothing of the kind. A provision written without the knowledge of any senator can not be accepted as law. Otherwise we would be ruled by the typesetters of the federal register.
I think something can and must be done if the so called US attorneys attempt to tell US employees what to do or to collect paychecks.
mbbsdphil wrote on February 6, 2007 2:57 PM:I assume that Sen. Spectre will shortly be firing his chief counsel and chief of staff for this gaff. Assuming its true, and also assuming that it's "usual" in today's busy, K Street and staff dominated Houses of Congress, damaging repercussions remain damaging repercussions. Let the pink slips roll, Mr. Spectre. Note: The Bond-like misspelling was intentional.
Anonymous wrote on February 6, 2007 3:07 PM:I accept the notion that Senators rarely read their own legislation, and that they rely heavily on dozens or hundreds of staff to make their offices work. But as any aircraft or ship commander understands, since they are responsible for training and supervising their crew and their chain of command, they are always responsible for everthing that happens on board.
Mr. Specter's throwing his staff under the buss is pathetic. His plea that it was not he who was responsible is unworthy of any member of Congress. He can cure that by a public apology; better yet, by his resignation for conduct below and short of the call of duty.
Dennis wrote on February 6, 2007 3:32 PM:Having watched Specter on t.v. running interference for Bush his credibility on this insertion is a little shakey.
And, he's kinda late and long in saying so, isn't he?
You don't have to be a blind conservative not to see it, just an ignorant one to deny it.
JW wrote on February 6, 2007 3:47 PM:The time honored "I didn't do it defense", invoked by kids and the young at heart from time immemorial.
WP wrote on February 6, 2007 3:52 PM:Does a staffer have the authority to insert language into a bill without oversight by an elected official? If not, is the language he inserted still legally binding?
ifthethunderdontgetya wrote on February 6, 2007 3:59 PM:Shorter Arlen Spector: Robert Goulet has been messing with my stuff!
terryinaz wrote on February 6, 2007 4:01 PM:'Tis a poor workman who blames his tools.
Lamb Cannon wrote on February 6, 2007 4:19 PM:LegiStorm says that Snarlin Arlen has 66 people on his staff. Lotta potential scapegoats here.... just pick one at random i reckon
http://www.legistorm.com/member/Sen_Arlen_Specter/91/8.html
readitcarefully wrote on February 6, 2007 4:49 PM:I think you are misreading the story. It says the provision was slipped in and that Specter's chief counsel informed him of that when Specter asked about it recently, but it doesn't say that Specter's staff member slipped it in. If in fact, the provision was inserted by Specter - which is unlikely given that Hatch was top R on the Committee at the time and Specter wasn't heavily invovled in the USA-PATRIOT Act drafting - it would NOT have been Michael O'Neill who was responsible for it. O'Neill was a law professor at the time and not employed by the senate...
JohnW wrote on February 6, 2007 5:50 PM:Is Specter launchng an investigation into who "slipped it in?"
san mateo wrote on February 6, 2007 5:50 PM:I think the commenter who said that the White House has something on Specter is on to something. It is inexplicable that a former prosecutor with his intelligence and experience in government could countenance that a staffer slipped such a dangerous law into effect.
Specter should fire the staffer/s involved and make a public explanation of how this could have happened.
Inexcusable. Unacceptable.
bjobotts wrote on February 6, 2007 6:15 PM:Is senator Specter just saying to his staff ..."Yeah, just whatever you guys think" Did he not ask if any changes were made by his office before he signs it. How could he not know about this till now when it was announced weeks ago that "he slipped this little provision in without the knowledge of anyone else". Wouldn't he have thought " I did?"if he truly didn't know. This is a big issue and he acts like he's been out to lunch. If he doesn't agree and didn't know how can it be legally implemented? He needs to be reprimanded for failure to execute his duties of office; to fire or replace his staff, and to correct his oversight. His provision needs to be withdrawn from the legislature. Were these people even doing their jobs because they certainly weren't paying any attention.
CMK wrote on February 6, 2007 7:50 PM:Spector is lying out his teeth.He rolls over everytime Carl calls.knot
angryblue wrote on February 6, 2007 8:48 PM:But yet his email reply to me said that he did it because of the loooong delay in appointing new attorneys and the huge delay that that causes. Yeah sure. Specter will blame anyone but his own lack of consience. He is a disgrace as a senator who is supposed to uphold the constitution.
KWM wrote on February 6, 2007 9:53 PM:One assumes that Sen Specter will soon announce his entry into treatment for alcohol and/or substance abuse....
Frank wrote on February 6, 2007 10:30 PM:Whether a lie, or one of his staffer slipped it in, quick correctives are called for. The first is to correct the "unauthorized" change, the second is to censure "Spectre", and the third is to fire the staffer.
I suggest that changes to any legislation be highlighted in some fashion within the documents so that "busy" senators will concentrate on the changes, and not have to reread old hat boiler plate.
But you know, I don't believe "Spectre". Any lawyer who wants to change the FISA law retroactively so that the president can be said to NOT have broken the FISA law, has to have a twisted sense of justice. Hence my feeling of him being a liar on this issue.
Gus wrote on February 7, 2007 12:35 AM:Much broader problem. Congress has long lost any semblance of control over the final text of laws (as a constitutional body). Virtuly all the earmarks are not run through any committee, or debate. Hastert et al are long famous for slipping in lines or editing, etc just before release, but often after a vote on different text, even after settlement by the reconcilliation committee. Not only can staff edit before a vote and tell nobody, but they can do it AFTER the vote.
John Owens wrote on February 7, 2007 12:36 AM:Tangentially related, I'd like to know, just how did Sen. Specter end up spending that day off early in this Congress, when the neocon talking points had everyone breaking the promise of working five days a week, but they were supposed to be reading up on bills that would be coming up for a vote? I realize that that was specifically about the House, and this is the Senate, but if he did get a similar day for reading, did he actually study any bills? Or was he too busy watching the big game, working on his backhand, or whatever?
Frank: I second the censure idea.
liam duggan wrote on February 7, 2007 1:40 AM:Never trust the word of "single bullet" Specter he has along history of deception.
dewey_m wrote on February 7, 2007 3:17 AM:Arlen is a shill of the worst kind; I much prefer the plain bullshit of some evangelical wack job then guys like Arlen. At least you know where they stand. Don't forget this pawn was a key player in the Warren Commission and the cover up of JFK assasination. He is a good old boy through and through. The alway throu Arlen out there is a mderate we are suppose to trust. There "moderate". What a piece of work.
Maybe he will prove me wrong and redact what he blinldy signed on to. Is there something that could allow him to reverse this dispicable mistake? If not, he really is not competent to hold the office and should resign.
Druthers wrote on February 7, 2007 3:52 AM:A likely story!
Wendy wrote on February 7, 2007 9:23 AM:Specter nearly lost the '92 election because women were so outraged over his behavior on the Judiciary Committee during the Clarence Thomas confirmation hearings. His abject pandering to save his seat then was appalling ... how does this man continue to survive?
rick wrote on February 7, 2007 10:14 AM:Here's the most important question to ask:
swoods wrote on February 7, 2007 11:40 AM:Is this provision set in concrete like Hoffa, Or can the Senate make the changes neccesary, How long will they drag their feet? Then, We can hold them accountable by their vote on whether to fix it.
I don't have a problem with staffers hammering out legislation -- particularly in the Senate. If you think about it, they are generally the policy experts advising Senators. It's staffers, not Senators, who sift through budgets line-by-line. How else do you think Senator Johnson's office is continuing to run while he (hopefully) recovers?
What sickens here is that 1) Apparently Spector didn't sign off on this change -- wasn't even aware it had been made and 2) NOBODY ELSE IN THE SENATE READ THE DAMNED BILL.
Sammy D. wrote on March 1, 2007 8:19 PM:So here it is - one of the first clear, transparent moves of an authoritarian/despotic regime. Yes, we "knew" the Bushies were despotic, but now we KNOW they are. Like Caesar, like Stalin, like Hitler, etc., they're doing what they have to do to get their agenda set in stone, and damn the *$(#)@...what are they called?...Constitutional constraints?...laws?...
The PATRIOT Act was always, always, always, always, always, always, always an authoritarian dream device. It was never about terrorism. Period.
steambomb wrote on March 2, 2007 1:37 PM:Might I suggest that congress enact a law that clearly states that anyone making changes to a bill have to sign the change that they put into the bill or face a felony charge with a long term sentence. Just a little idea that I think might keep the dirt out.
colleen wrote on March 5, 2007 12:19 AM:Readitcarefully- The specific act it was added to was the US Patriot Improvement and Reauthorization Act, not the original Patriot Act. The Reauthorization act was signed by Bush on 3/9/05....and Specter was Chairman from January '05 to January '07
thomas wrote on March 14, 2007 1:01 PM:Senator Arlen Specter is a dissapointment, to say the least. If he were my Senator, I would be on the phone with his office - screaming about this malfeasance in office on his part. He is paid TO KNOW. He is serving the people of Pennsylvania and the american people. He has often been disingenuous in the past. He has, most often spoken out against bush administration abuses, only to cave when it was time for true action and accountability.
I am emailing him now. He needs to fully explain to all Pennsylvanians and to the american people, why he failed to know what his staff inserted into this major piece of legislation. I, for one, do not believe him. He has lost his power and his credibility. He must go. We americans are so damn tired of all the lies and excuses and blaming that Republicans continue to spew - ad nauseum,as well as their trampling on our sacred constitution. I have had it. It is similar to trying to have a discussion with right wing fanatic christian evangelicals. I have vowed to ignore them because they never have and never will dialogue with respect and open-ness and a true desire to understand those who do not adhere to their fantasy of a judgemental God sitting in heaven and throwing "sinners" into hell who do not "accept Jesus as their personal lord and savior." I will never attempt a conversation with any of them. By the same token, I will never give Senator Specter my respect. Some things are black and white. PEACE
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