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Today's Must Read

Ladies and gentlemen, allow me to introduce you to the Blackberry Defense.

The setup: on February 6th, Deputy Attorney General Paul McNulty told the Senate Judiciary Committee that the administration intended to nominate (and have the Senate confirm) replacements for all the ousted prosecutors. But as the emails make clear, Alberto Gonzales' chief of staff Kyle Sampson was advising the use of the AG's newfound power to appoint replacements indefinitely -- without the trouble of Senate confirmation.

The Justice Department, remember, has said that Sampson was a conspiracy unto himself, and that he failed to inform McNulty of his machinations before McNulty misled Congress. Sampson, on the other hand, says many other Department officials knew, including those involved in preparing McNulty to testify.

The emails show that Sampson wasn't shy about the scheme. He discussed it freely with members of the White House counsel office, including Harriet Miers. In October of 2006, he forwarded one of these discussions to Michael Elston, McNulty's chief of staff.

But wait... if McNulty's right hand knew, how could McNulty himself not know? Your answer:

“Either Elston did not scroll down on his BlackBerry to read the last section [of the e-mail] or it made no impression on him, because he knew that it did not reflect the department’s plan for replacing the U.S. attorneys who would be asked to resign,” says spokesman Brian Roehrkasse.

There you go: the contemporary version of "I do not recall."


Comments (71)

YankInDC wrote on March 26, 2007 9:03 AM:

Instant classic: the Blackberry scroll defense.

Wookies can use this too, since their fingers are too big for Blackberries. Acquit!

sybelia wrote on March 26, 2007 9:08 AM:

Would like to hear more on McNulty's history - during the First Fizzled Fitzmas, McNulty was a hero on DU and Kos.

Read a post from a few weeks ago that mentioned McNulty's prosecuting the AIPAC spy scandal and the poster said "I think McNulty wants to talk about something." Any clue as to what this might mean???

The Pittsburgh KId wrote on March 26, 2007 9:17 AM:

A remarkable resemblance to George Costanza?


vox clamantis in red state wrote on March 26, 2007 9:21 AM:

My nephew has a blackberry. He is 13 years old. As I am providing the service under a "family Plan" I am well aware of extra charges that innocently show up on my phone bill.
But I pay them, as I don't understand what a blackberry is and haven't gone in to a blackberry specialist to find out what it can do besides drain my wallet.
Therefore, I can understand the poor s.o.b.'s dilemma, but I also know careers of good attornies rode on the pleasure president's pleasure.
More Importantly, as the basic premise to our whole political system is that this land is ruled by law, somehow beyond political chicanery.
United Sates Attorneys are the frontline defenders of that premise.
And certainly any phony hitech defense is utterly contemptible.
what arrogance dwells in this administration!
To hell with these lying s.o.b's. And their blackberries.

vox clamantis in red state wrote on March 26, 2007 9:21 AM:

My nephew has a blackberry. He is 13 years old. As I am providing the service under a "family Plan" I am well aware of extra charges that innocently show up on my phone bill.
But I pay them, as I don't understand what a blackberry is and haven't gone in to a blackberry specialist to find out what it can do besides drain my wallet.
Therefore, I can understand the poor s.o.b.'s dilemma, but I also know careers of good attornies rode on the pleasure president's pleasure.
More Importantly, as the basic premise to our whole political system is that this land is ruled by law, somehow beyond political chicanery.
United Sates Attorneys are the frontline defenders of that premise.
And certainly any phony hitech defense is utterly contemptible.
what arrogance dwells in this administration!
To hell with these lying s.o.b's. And their blackberries.

Rob G wrote on March 26, 2007 9:22 AM:

You can't fool me. That's not a picture of Kyle Sampson. That's a 15 year old picture of Karl Rove.

DCmike wrote on March 26, 2007 9:25 AM:

I actually buy it. I'm not convinced that many of these guys even developed opposable thumbs.

Dennis wrote on March 26, 2007 9:30 AM:

If this was Clinton and Monica, the mainstream print media would be using big, bold, black headlines.

The AG mess is just a symptom of the corruption in the White House, And the Congress as well.

If the past six plus years have produced anything, it's just how LOW our politicians are - even to the extent of shedding the blood of our military and the killing of innocent people in order to line their financial pockets and to maintain power.

Criminals all. We would need to build at least ten new prisons to house them all.

On the other hand, maybe that's why the Bush gang wanted to line the AG system with attorneys who are "favorable" to, or "who support the president."

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

Worst. President. Ever. wrote on March 26, 2007 9:37 AM:

If the text don't fit, you must acquit.

shrubsy wrote on March 26, 2007 9:43 AM:

I love it.
The Pleasure President.
The Beautiful Mind Executive

The Slightly Gay Gang

We had the Sun King.
And we had The Once and Future King
Now we have the Pleasure President.
ATPOP

someparisian wrote on March 26, 2007 9:46 AM:

Psssh, Blackberries will fail ya. They should just do their evil schemin' via SMS.

dwbh wrote on March 26, 2007 9:47 AM:

Why can't I get this picture of the Rose Mary Stretch out of my head?

Anonymous wrote on March 26, 2007 9:48 AM:

8 dedicated US Attorneys = fired for no reason.

Kyle Sampson = poor performance, failed to support his boss, lied and coordinated; still on paid leave at the DOJ.

Had enough yet?

Johnsnottoodistracted wrote on March 26, 2007 9:53 AM:

I'm a little surprised no one else has used this yet. It's just so common and we all have done that before.Oh well.He will learn.But hey,how many emails have you skipped because you knew they had no meaningful info,at least for you.
Nah! Loser. If this gets through the filters we have real problems.May have to get the alcohol and tobacco people in to get through to the truth.

Rick B wrote on March 26, 2007 9:54 AM:

What we are seeing in the Republican control of government is exactly what the real conservatives used to warn against. Politicians who are not watched extremely closely have a very strong tendency to become crooks. If not watched, they cannot be trusted.

For some reason these people have a philosophy that if you just let them do what they want they are more efficient at getting the job done. That is true, but the nature of the people who become successful politicians are the same as those who run mafia families or drug cartels.

They feel violated when someone even bothers to question them, which is why we get these lame excuses. Someone is feeling pressured by the questions so, like small children, they will erupt with the silliest excuse, in all good faith. It isn't what really happened, but if the questioners accept it, the questions and lectures stop and they can go back to their personally satisfying lives without interference.

The blackberry excuse? Sure it's lame. But if the public buys it they can shrink back into the darkness like rats and continue their self-centered depredations on society. And they know that the media has accepted and regurgitated a lot of really, really lame excuses in recent years, allowing them to shrink back into the darkness.

I guess that the analogy can be pushed a little further. The political blogosphere is a lot like handing everyone a small flashligt to illuminate the dark right around the rats. But we will have to keep the batteries fresh and be sure to turn the things on. [OK - the analogy went too far after the "But." Even I, the proud author, see that.][Tough. You get it anyway.]

TheraP wrote on March 26, 2007 9:57 AM:

Can't resist.

A president pleasured by blackberries - or blackberry thumbs.

Just make the right moves and he's happy.

cognitorex wrote on March 26, 2007 9:57 AM:

Purgegate: More Bush/Rove Soviet Style Thuggery

In this Bush/Rove/Cheney, now Gonzalez, Commissariat, political appointees oversee science (FDA & global warming).
Political appointees, read commissars, are sent in to politically cleanse the CIA.
Political appointees botch, bungle and butcher Iraq reconstruction/destruction and Katrina relief.
Political appointees set up a propaganda office in the DOD to deliberately and maliciously mislead the nation into war while refusing to plan for known obstacles ultimately leading to thousand of troop' deaths and injuries.
The hue and cry over Purgegate is that the Justice Department has traditionally been significantly and honorably immune to rank political interference. Despoiling democracy and honor while emulating a Soviet/Communist Commissariat model government is now the operational legacy of our presently governing thugs.
Good news. If politicizing the Justice Department finally brings out the backbones of our legislators, Republican and Democrat alike, shout hosannas. Citizens of the entire planet sincerely want the America that strives for honor, openness in government and equal treatment under the law to reappear.
Craig Johnson

Legalize wrote on March 26, 2007 9:58 AM:

Why am I not surprised that guys who look just like George Costanza are working at high levels in our federal government? Does this make Abu Gonzales Steinbrenner?

Richard L. Adlof wrote on March 26, 2007 10:01 AM:

Not sure what can be said about this any more that has not already typed a hundred times or so.

What is it that makes/keeps the Republicans from being able to assume personal responsibilty or even acknowlege it when presented with facts? I recognize that Washington is rife with this crap on both sides of the isle, but it is almost pathological, almost genetic on the Republican side. It goes beyond the coarsening of debate and polarized political shennigans. Even when they offer the "The buck stops here" sound-bite the very next words are "Don't blame me. How could I be expected to (insert X)." Sure there are a few underlings blow the whistle but it is always after the damage has been done and the conscience kicks in.

I recognize that one of the attractive features to fascist plutocracy is the one becomes nameless and faceless and therefore blameless in a corporate environment. I just wish they'd not feel it necessary to destroy my country in the process of manufacturing their wet-dream.

Tug wrote on March 26, 2007 10:01 AM:

He IS Costanza!

stephen wrote on March 26, 2007 10:07 AM:

Another....."Rolly Polly little rat faced boy..."

Austin Cooper wrote on March 26, 2007 10:10 AM:

A remarkable resemblance to George Costanza?

JERRY: George! Well, finally you show up!
GEORGE: (Quickly closing Apartment door)Jerry, ya
gotta help me.
JERRY: What's the matter now?
GEORGE: You remember those U.S. Attorneys we
wanted to fire?
JERRY: Oh, yeah... The big set-up for 2008...
How'd the plan go, Junior G-Man?
GEORGE: (Pause, then blurts out) They're blamin'
it on me! 'That's Him; he's the one' !
They're throwin' me to the wolves!! I got a
Congressional subpoena; reporters are stakin' out
my apartment -- I gotta stay with my parents --
with my parents, Jerry!! [laugh track]
JERRY: But I thought you were all good buddies
over there. I thought you were the Golden Child! GEORGE: Well I was, but now they wanna put me
up for adoption! [laugh track] I gotta think --
gotta be a way out of this...
JERRY: What you need -- is a fall guy.
GEORGE: (Pauses) Yeah... Yeah!! But those
people at Justice are a smart group of people,
Jerry -- They'd know I was settin' 'em up... naw,
it'd never work.

[Apartment door opens suddenly; KRAMER enters]

KRAMER: Hey, guys. What's shakin'?
JERRY and GEORGE: (Together) KRA-mer!!

gjdodger wrote on March 26, 2007 10:11 AM:

From "Seinfeld" to "Crime Guild"

hubbabubba wrote on March 26, 2007 10:28 AM:

The remarkable resemblance is to Karl Rove---lighten up the color of his hair, change the glasses. They say people begin to look like their dogs and vice versa. Karl's poodle.

Brad wrote on March 26, 2007 10:35 AM:

Sampson may be looking to become your next latex salesman.

SteinL wrote on March 26, 2007 10:39 AM:

Yes, Kyle snagged the job through being a Rovian double.

BTW - this Blackberry End Run explains so much. Most GOP'ers must have the Constitution and the Amendments on BBs, and they've just failed to read it all, due to not having scrolled far enough down.

I feel much better now that's been cleared up.

Jim wrote on March 26, 2007 10:44 AM:

Time to get more webspace and more people - THE GSA IS STARTING TO UNRAVEL - POLITICAL INTERFERENCE AT THE GSA. MORE DEPARTMENTS TO COME

Dave G wrote on March 26, 2007 10:58 AM:

>You can't fool me. That's not a picture of Kyle Sampson. That's a 15 year old picture of Karl Rove.<

I thought the exact same thing!

Kids these days have to be more careful when choosing their role models.

justthetruth wrote on March 26, 2007 10:58 AM:

As the previous comments clearly show, many people are convinced that numerous crimes have been committed by Gonzales, et. al. Albeit that the available evidence certainly implies that serious wrongdoing may have occurred, the only charge that the available evidence clearly supports is perjury. Sampson’s testimony on Thursday should tell us if there really is more to this.

Does anyone have any idea as to why there hasn’t been any great interest in the revelations and accusations of former U.S. Attorney Sharon Eubanks in regard to the Tobacco Case? Other than an article in the Washington Post and some coverage by CBS News, there has been essentially an absence of coverage. I think that she has made some very serious accusations yet there does not seem to be any great interest by either the media or the blogs.

TheraP wrote on March 26, 2007 11:04 AM:

Richard L. Adlof

I think we need to divide Republicans into the deceived and the deceivers.

The deceivers may be people with no conscience whatsoever. And it is time wasted to try and speak with them.

We need to concentrate our energies on the deceived. Those who are afraid or taken in by the deceivers' arguments or caught in cognitive dissonance but capable of tipping at some point.

That said, all of this is extremely discouraging. Makes you worry that evolution is going in the direction of evil - because evil wants power and the means to power and survival at all costs.

crick02478 wrote on March 26, 2007 11:06 AM:

Let me suggest the "Grade School Test" for things like the "Blackberry Defense":

If a fifth grade teacher would not accept that excuse for the reason a homework assignement was not done, then that reason cannot be used as an excuse under oath while testifying in the courts or before Congress.

bill wrote on March 26, 2007 11:10 AM:

reminiscent of the Seinfeld gag:

I'm sorry I'm late for the hearing, I got the AM PM mixed up on my clock radio.

Phoenix Woman wrote on March 26, 2007 11:22 AM:

Constanza, Rove or an Evil Radar O'Reilly?

TheraP wrote on March 26, 2007 11:23 AM:

crick02478

Bingo!

Grade school offers many lessons and analogies which some adults, apparently, never learned.

I often picture georgie boy at school and his parents thinking his behavior is "cute" and wanting the teacher to let him off - cuz he's so cute.

Ditto for some of his pals.

Oilwellian wrote on March 26, 2007 11:26 AM:

Why do I think of rasberries when the Bush crime family mentions blackberries?

TQTGA wrote on March 26, 2007 11:26 AM:

Okay, this is probably not politically significant, but what is that white spot at the bottom of his necktie? It looks a lot like a photo of himself printed on his own tie. Maybe an optical illusion or an ID badge?

Oilwellian wrote on March 26, 2007 11:29 AM:

Correction: That would be raspberries....

biggerbox wrote on March 26, 2007 11:31 AM:

Given how truthful they've been, I won't even begin to consider this excuse until I get confirmation from an unrelated source about just how much text from the message in question appears on a BlackBerry screen, and whether, in fact, he would have had to scroll at all.

It would help if it came with calendar evidence suggesting it likely he was away from his desk at the time the message was received, and didn't actually read it on a big monitor.

Even after that, I'd be obliged to point out that the excuse boils down to "He either didn't read the message, or he ignored it because he knew it wasn't the department's policy to do it in the way the guy who'd been assigned to figure out how to do it, the AG's Chief of Staff, had just described they were going to do it."

Actually, the idea that McNulty's chief of staff was a moron is plausible, but he'd have to be to assume that Sampson was just, what, mistaken? and ignore the message.

milo wrote on March 26, 2007 11:32 AM:

Condi didn't read the endnotes, Sampson didn't scroll the Blackberry. Reading is so pre-9/11, don't you know.

r€nato wrote on March 26, 2007 12:00 PM:

I'm so glad that Bush brought honor and integrity back to the White House.

shrubsy wrote on March 26, 2007 12:00 PM:

Lupus! Is it Lupus!

melior wrote on March 26, 2007 12:03 PM:

Karl told me never to use email, heh heh, 'cause that way no one can prove I was informed of the facts, heh heh.

He also had my fingerprints removed. Ya can't be too careful heh heh (smirk).

Ann Cook wrote on March 26, 2007 12:07 PM:

Actually, the BlackBerry is just a back up email system, so even if he didn't scroll down, the email message still came in at his main computer, where the entire message would have appeared onscreen. Text messaging is BB to BB, and doesn't show up on the main computer, but generally those messages r so shrt tht u dont nd 2 scrl.

What we need to go back to is getting access to all those attachments in the email doc dump.

Agathena wrote on March 26, 2007 12:08 PM:

Thanks everyone, for my first laugh of the day. Even though I have to go for post-op blood tests for cancer treatment today, you made me laugh.

CatStaff wrote on March 26, 2007 12:08 PM:

TQTGA, I do believe that it is his ID badge.

pw wrote on March 26, 2007 12:10 PM:

I've read a few mentions of the various emails that these folks were using (gwb43.com/net/us, yahoo addys) instead of/in addition to their "official" ones. Are these alternate email addys showing up in the document dumps? Is anyone compiling a list of them? Has anyone inquired as to why government employees are conducting government business via these "back-alley" secondary emails? Inquiring minds want to know!

Security code: "wrong" HEH. Indeed...

ice weasel wrote on March 26, 2007 12:14 PM:

Someone above made reference to the sad reality which will become this chapter in the bush crime novel that is our government.

30% of the public will never admit that the republicans are capable of any wrongdoing, evidence means nothing to them. Another 30% buys into the "all politicians with blackberries don't read everything they get" excuse because they want don't want to believe that the bush crime saga is anything but a bad dream.

And there you have it, the 60% of Americans who muddled or tribal thinking keep this tribe in power.

At least none of this led to abortions or adultery.

obsessed wrote on March 26, 2007 12:28 PM:

My sense was that McNulty was a key player in making sure that Fitzmas fizzled.

Sam Spade wrote on March 26, 2007 12:31 PM:

Is that a Che peeking out from Mr. Sampson's tie? Oh dear!

maunga wrote on March 26, 2007 12:33 PM:

Is Kyle Sampson the Rove Kin one of the Bush Babies is rumored to be engaged to?

Steve Pordon wrote on March 26, 2007 12:43 PM:

I'm eagerly looking forward to someone finding Elston's reply to the email in question, at which point he'll claim the Blackberry was in his back pocket when he sat down, and his ass must have replied for him.

Boy howdy, this is some fun!

tk wrote on March 26, 2007 1:05 PM:

I never scroll down on my statements, I therefore never pay my bills. My creditors understand - there's nothing they can do about it!

Robert wrote on March 26, 2007 1:21 PM:

IOKIYDSD - It's OK If You Didn't Scroll Down.

Anonymous wrote on March 26, 2007 1:26 PM:

IT ignorance is no defense!

Anonymous wrote on March 26, 2007 1:30 PM:

That happened to me once...My doctor (and golf buddy) sent me a text message. I only read the first line and did not scroll down to see the rest. Here it is...


You're going to die
when you see the new golf clubs I just bought!


owlbear1 wrote on March 26, 2007 1:31 PM:

Bush Administration Motto:

'We're not corrupt. We're IGNORANT AND INCOMPETENT!'

Anonymous wrote on March 26, 2007 1:32 PM:

Remember that scene from Animal House when Belushi sees the picture of Flounder and jumps back in horror? That's what I just did! Sampson is no looker.

Anonymous wrote on March 26, 2007 1:34 PM:

Better yet, Sampson is no Sampson!

webdems wrote on March 26, 2007 1:41 PM:

The short McNulty history: he was instrumental in fixing the Florida Recount 2000. He coached Ashcroft through his confirmation. He was appointed US Attorney in the "rocket docket" of Virginia, where the WH gets some of its fixing done. And now he turns up as DAG, just in time to work on the politicization of the DoJ.

Vulture Breath wrote on March 26, 2007 1:47 PM:

Justthetruth -

Sharon Eubanks was on Fox Sunday Morning w/Chris Wallace yesterday.

Gregory X wrote on March 26, 2007 2:11 PM:

Is Kyle Sampson Karl Rove's bastard son? No...really.

draftedin68 wrote on March 26, 2007 2:31 PM:

.

Hmmm... I wonder if Elston will show up to testify with both thumbs in a cast?

.

Mooserm wrote on March 26, 2007 3:01 PM:

Best wishes and healing thoughts to you, Agathena.
You "rule"!

aleks wrote on March 26, 2007 8:11 PM:

If the blackberry message doesn't fit on the screen, you must acquit.

NevervoteRepublicanAgain wrote on March 26, 2007 8:55 PM:

"Failure to scroll" is at least not the "Alzhiemer" defense. God, if people that work at the WH are as forgetful as they would have us believe I have beach front property in Arizona for you to buy.

We need the "I" word, IMPEACH THESE CROOKS

VoicesRaised wrote on March 26, 2007 10:01 PM:

Blackberries ... raspberries?

No. Strawberries. Like Cptn. Queeg and the Caine Mutiny. Somewhere, I can just imagine KRove rolling steel ball bearings between his fingers.

Security code: Poison. Heheh

gbheron wrote on March 27, 2007 1:38 AM:

I'm just impressed at McNulty's amazing psychic powers. How is it "he knew that it did not reflect the department’s plan for replacing the U.S. attorneys" without scrolling down to read it?

Must be one of those high-end ESP Blackberries.

Carol Wolf wrote on March 27, 2007 2:53 PM:

This doesn't sound so much like "I do not recall" as it does, "I did not inhale." The message was on the machine, but not read, or if not read, it was not...enjoyed?

Anonymous wrote on March 27, 2007 10:58 PM:

I thought I had heard the name "Kyle Sampson" before - "Kyle Sampson" was also the name of a soap character played by Larkin Malloy:

http://en.wikipedia.org/wiki/Larkin_Malloy

larra@gmail.com wrote on April 30, 2007 7:30 PM:

hello

jessica@gmail.com wrote on May 1, 2007 7:57 AM:

hello

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