Comments (23)

Jake D. wrote on August 8, 2007 10:33 AM:

Not only did the Democrats roll over, but in their rush to take their vacation, they also left Bush the perfect opportunity to replace Gonzales with a recess appointment and someone even WORSE for you guys!! Harriet Miers, come on down . . .

Anonymous wrote on August 8, 2007 10:49 AM:

Your days are numbered pal...

PeeJ wrote on August 8, 2007 10:51 AM:

This is exactly what I told my senile do-nothing Senator Bill Nelson of Florida last night. Sigh, what a bunch of idiots! Even if they try to change it when they get back off vacation, they will now need a veto proof 2/3 majority to pass. We're screwed!

Peace!

drational wrote on August 8, 2007 10:53 AM:

"The AG's dwindling crew of cheerleaders have been claiming that this was the case for months, insisting this scandal has become an empty witch hunt."

Battle, McNulty, Goodling, Sampson, Elston, Mercer gone. Taylor, Jennings, Rove, Miers, Kelley, and untold numbers of documents hidden by exec privilege.

an empty witch hunt because the players are all prevaricating, misleading, or silent.

The FISA bill was a tremendous misplay, and if the Admin walks away from the Prosecutor Purge scandal and Warrantless Wiretapping with their secrets buried, it would be shameful.

TheraP wrote on August 8, 2007 11:20 AM:

Reagan quoted the Russian proverb: Trust, then verify.

We have verified = No Trust for gonzales.

*

*** Are you that "one person?" ***

"Some do Care."

Click my name.

Alex Bornstein wrote on August 8, 2007 11:42 AM:

8.8.07

Hi Josh, I would appreciate any feedback or editing on this letter before I send it.

Dear Senator Leahy and Senator Specter,

Thank you for your dedication and work as United States Senators. For years I have been concerned about the behavior of the current Bush administration and the Justice Dept. Your recent interviews with the Attorney General have only heightened my fears.

Before this administration, there was a commonly held belief that the United States believed in and followed the rule of law. These laws are written down and available for the public to see. There might be disagreements, but they could be settled publicly in the appropriate Court, even going as a high as the Supreme Court, to decide if something was legal or illegal, as defined by the written public laws. Since President Bush has taken office there seems to be not two, legal or illegal, positions but a third – not legal by our written public laws, but due to this administration saying it is “legal” in the defense of our country because we are at war with the terrorists. I will call this new third status Bushlegal or Bushlaw. It appears the President asks partisan political apointees, that owe their job to him, to give him “Bushlegal” justification to operate outside of the written public laws and declare something Bushlegal.

The President, Vice President, Mr. Rove, Attorney General and their supporting staff have claimed that the President have the right and even obligation to protect Americans through these new Executive powers used as a legal backing for Bushlegal. This President has signed more signing statements than any other President. President Bush has stated that he will sign written public laws as passed by Congress into law but he reserves the right as the Commander in Chief to not follow those laws as he deems necessary to protect us or if he feels those public written laws limit his Executive powers.

In public statements the White House acknowledges that they have done many things outside of the written public law, such as years of wiretaps without a Judge’s approval or a written warrant, suspended due process for individuals or groups the President considers a threat to American security, used highly aggressive physical interrogation techniques that would be considered torture under the public written laws, mined data of personal communications by American citizens who have not broken any laws and are not suspect with a Judge’s warrant of breaking any laws, run secret prisons where prisoners are not available to the Red Cross or have any legal rights, and captured (against their will and with no charges filed publicly) citizens and flown them to countries known for illegal interrogation commonly referred to as torture in America. Until Bushlegal any these actions might have been grounds for prosecution or impeachment.

The White House has even built a prison, Gauntanomo Bay, where the President insists that the public written American laws do not apply but only Bushlaw applies. The citizens have been told that Bushlegal definitions cannot be made public, as this will benefit the “terrorists in our fight in War on Terrorism”.

The biggest concern is that the American public does not know how many Bushlaws there are, if they are written down or do the President, Vice President, Mr. Rove, the Attorney General and their staffs just make it up as they go along? Is my writing this letter breaking a Bushlaw that I don’t know about? I am not being satirical or facetious, I am being deadly serious. This basic American concept of following the written public rule of law was always considered a firewall separated us from societies run by dictators.

The mainstream media has reported many suspects who have died during this Administration’s “aggressive interrogations”. In the past, under written public law, these deaths would trigger an investigation for torture and murder. The accused as well as the victim’s families would have their rights protected by due process of written public laws. Under Bushlaw these deaths are not a crime, as these aggressive interrogations were done under Bushlegal law and “for the protection of the public”. To even ask about the legality of these interrogations is considered an affront to the Executive Power. The President and this administration refuse to answer even basic specific questions, such as, is waterboarding considered torture and is it illegal under Bushlaw? They claim that having public written laws now puts Americans in danger!

Besides incidents where this administration is caught acting outside the public written laws and then claims their actions are Bushlegal, the citizens don’t even know what is being done to “protect us”. This is an extremely slippery slope and we are already a good way down in our slide away from traditional American legal values.

One would assume the Attorney General knows that there is going to be a public accounting of the Bushlaws and Bushlegal actions after President Bush has left office. Mr. Bush will no longer have the Presidential power to pardon, to declare Executive Privilege and National Security status. I am hopeful that the next administration will feel an obligation to publicly investigate the extent of Bushlaws and actions taken by this administration that were illegal under our current written public laws.

Can you ask the Attorney General to list all of the times and programs that he knows first hand that this administration is acting outside of our written public laws with the Bushlegal or Bushlaw rational? Mr. Gonzales can hide under the President’s protective support for now but the clock is ticking before we go back to public written law enforcement. Give Mr. Gonzales the opportunity to serve Justice or be explicitly part of the administration that is regularly acting outside of our public written laws.

Thank you for your consideration,

Alex Bornstein

Anonymous wrote on August 8, 2007 11:57 AM:

Dems will now introduce some form of an intelligence reform act. It may be presumptive to conclude Rs can get away with blocking any bill intended to update intelligence reforms to protect America. The "political fear" table will be turned.

Anonymous wrote on August 8, 2007 12:21 PM:

Just posting this to see if anyone can by anonymous.

Anonymous wrote on August 8, 2007 12:22 PM:

So...anyone CAN be anonymous.

TheraP wrote on August 8, 2007 1:00 PM:

Yes. And are you that "one person?"

TheraP wrote on August 8, 2007 1:07 PM:

Mr. Bornstein,

I am taking the opportunity to post your letter on one of the Constitutional Compliance threads.

Thank you, dear Citizen, for nailing it so well!

moondancer wrote on August 8, 2007 1:31 PM:

Just a thought, but since when is being republican mean supporting fascist coup d'etat. Why is tis FISA bill a partisan issue? Why arent congressmen putting aside their beefs and doing the business of America. What benefit can there be in letting a cabal of tyrants destroy that which they swore to uphold?
I really want the "back story" on what the GOP thinks its gaining by supporting this regime.

urbino wrote on August 8, 2007 2:06 PM:

I, too, have taken the liberty of reproducing your letter on my own blog (click my name), as I think it should get the widest possible readership.

If you have objections, I will, of course, quite willingly take it down.

Since you asked for feedback/editing, I would suggest the following:

Dear Senator Leahy and Senator Specter,

Thank you for your dedication and work as United States senators. For years I have been concerned about the behavior of the current Bush administration and the Justice Department. Your recent interviews with the attorney general have only heightened my fears.

Before this administration, there was a commonly held belief that the United States respected and followed the rule of law. These laws are written down and available for the public to see. There might be disagreements, but they could be settled publicly in the appropriate court, even going as high as the Supreme Court, to decide if something was legal or illegal, as defined by the written public laws. Since President Bush has taken office there seems to be not two positions, legal or illegal, but a third – not legal by our written public laws, but due to this administration saying it is “legal” in the defense of our country because we are at war with the terrorists. I will call this new third status Bushlegal or Bushlaw. It appears the President asks partisan political apointees, that owe their job to him, to give him “Bushlegal” justification to operate outside of the written public laws and declare something Bushlegal.

The president, vice president, Mr. Rove, the attorney general and their supporting staff have claimed that the president has the right and even the obligation to protect Americans through these new Executive powers used as a legal backing for Bushlegal. This president has signed more signing statements than all other presidents combined. President Bush has stated that he will sign written public laws as passed by congress into law, but he reserves the right as the Commander in Chief to not follow those laws as he deems necessary to protect us, or if he feels those public written laws limit his Executive powers. This completely nullifies the mechanism provided in the Constitution for a president and congress to work out the language of our laws: the veto and override process. President Bush's signing statements amount to a veto -- sometimes a line-item veto -- that cannot be overridden. This is not the system our Constitution sets up. It is an assertion of presidential supremacy over the congress and the courts.

In public statements the White House acknowledges that they have done many things outside of the written public law, such as years of wiretaps without a judge’s approval or a written warrant, suspended due process for individuals or groups the president considers a threat to American security, used highly aggressive physical interrogation techniques that would be considered torture under the public written laws, mined data of personal communications by American citizens who have not broken any laws and are not suspect -- within a judge’s warrant -- of breaking any laws, run secret prisons where prisoners are not available to the Red Cross and have no legal rights, and captured (against their will and with no charges filed publicly) citizens and flown them to countries known for illegal interrogation techniques, commonly referred to as torture in America. Until Bushlegal, any of these actions might have been grounds for prosecution or impeachment.

The White House has even built a prison, Guantanomo Bay, where the president insists that the public written American laws do not apply, but only Bushlaw applies. The citizens have been told that Bushlegal definitions cannot be made public, as this will benefit the “terrorists in our fight in the War on Terrorism.”

The biggest concern is that the American public does not know how many Bushlaws there are, if they are even written down -- or do the president, vice president, Mr. Rove, the attorney general and their staffs just make them up as they go along? Is my writing this letter breaking a Bushlaw that I don’t know about? I am not being satirical or facetious, I am being deadly serious. This basic American concept of following the written public law was always considered a firewall that separated us from societies run by dictators.

The mainstream media has reported many suspects who have died during this administration’s “aggressive interrogations.” In the past, under written public law, these deaths would trigger an investigation for torture and murder. The accused as well as the victim’s families would have their rights protected by due process of written public laws. Under Bushlaw these deaths are not a crime, as these aggressive interrogations were done under Bushlegal law and “for the protection of the public.” To even ask about the legality of these interrogations is considered an affront to the Executive Power. The president and this administration refuse to answer even narrow, specific questions, such as, is waterboarding considered torture and is it illegal under Bushlaw? They claim that having public written laws now puts Americans in danger!

Besides incidents where this administration is caught acting outside the public written laws and then claims their actions are Bushlegal, the citizens don’t even know what is being done to “protect us.” This is an extremely slippery slope, and we are already a good way down in our slide away from traditional American legal values.

One would assume the attorney general knows that there is going to be a public accounting of the Bushlaws and Bushlegal actions after President Bush has left office. Mr. Bush will no longer have the presidential power to pardon, to declare Executive Privilege and National Security status. I am hopeful that the next administration will publicly investigate the extent of Bushlaws and actions taken by this administration that were illegal under our current written public laws.

Can you ask the attorney general to list all of the programs and the times that he is personally aware of that this administration has acted or is acting outside of our written public laws with the Bushlegal or Bushlaw rational? Mr. Gonzales can hide under the president’s protective cloak for now, but the clock is ticking, and soon we will go back to reliance on public written law. Give Mr. Gonzales the opportunity to either serve justice, or be explicitly part of the administration that is regularly acting outside of our public written laws.

Thank you for your consideration,

Alex Bornstein

TheraP wrote on August 8, 2007 2:22 PM:

I also made a few editorial changes, only tense or spelling.

Click my name to see the post (as edited).

Below your letter are two comments by Anon. The one that follows your post here today. And one from yesterday.

*******

Glad you've done the same, urbino!

TheraP wrote on August 8, 2007 2:27 PM:

ubino:

"Guantanamo"

TheraP wrote on August 8, 2007 2:30 PM:

urbino - could you take a look at mine?

better "with" or "without" the italics?

urbino wrote on August 8, 2007 2:42 PM:

"Guantanamo"

Thanks, Thera. Missed that one. I'll take a look at your version and get back to you.

Clarification: I posted your letter on my blog exactly as you presented here, Alex. Aside from some highlighting for my readers, I made no changes whatsoever.

urbino wrote on August 8, 2007 3:39 PM:

Thera -- I don't see any italics in your posted version. Am I overlooking them, or did you mean the highlighting (bolding)?

In terms of the latter, you hit pretty much the same points that I did. I was *slightly* more selective, but . . . tomato, tomahto. Check mine out if you want to see the difference.

TheraP wrote on August 8, 2007 3:45 PM:

Yes, urbino. Just the highlighting as you called it. I think it seemed ok to you.

I'll look at yours. But my skills for doing fancy things on a blog are lacking. When I try to go over my skill level, it makes a mess. So I refrain.

Thanks. I'll check your out again. (but important thing is to get the word out - the writer, I'm sure, knows it's possible to send Josh an email - so obviously the person wanted to air this publicly)

urbino wrote on August 8, 2007 3:54 PM:

"I think it seemed ok to you."

Yup.

"the writer, I'm sure, knows it's possible to send Josh an email"

Probably, but OTOH, my experience is that emails don't get replied to (or even read, so far as I can tell). So Alex may have posted it here just to increase the likelihood of getting feedback.

TheraP wrote on August 8, 2007 4:59 PM:

I once got a very touching reply from Josh. (but then I sent him a touching comment - from my heart)

In this case I think the writer wanted this advertised. (which we've done)

eyeball wrote on August 8, 2007 9:22 PM:

(with apologies for cross-posting)

i've given this some thought today. I remain gloomy and sick about last weekend's cave-in over the FISA act. I look at leahy now and I wonder whether he even realizes that his investigation has become mooted and laughable as a result of his own party's collapse. even if Judiciary can prove they broke the the law, as we know they did, congress has given them an ex-post-facto 'get out of prosecution free card.' so where does this leave us?

well, it's back to basics. its up to the netroots to plan NOW for the 6-month re-enactment deadline. and maybe we can use leahy and his committee cohorts to good effect. we need to make the public aware of just what a threat to each of us this expansion of FISA is. leahy needs to turn his investigation into a lengthy civics lesson on why joe & jane middle-america are at risk of rogue wiretapping and eavesdropping acts by the feds now. he has to summon constitutional scholars from the left and right -- there are some strong rightist voices out there now, like turley and fein and barr, who agree this sucks and would say so - would say it's anti-conservative. the panel's message has to be simple and incessant: YOU are being spied on by the bushies. YOUR emails are being amassed and inspected. YOUR kids' emails IM's to their friends abroad are being read. YOU are being spied on. jackbooted NSA types; black helicopters. the whole thing.

it's all we have - old-fashioned political shoe leather, with the netroots spreading the word. this is a VITAL push. and if we fail -- well, we live in a country where the majority thinks this form of government intrusion is A-OK and we'll have to deal with that. (personally, i'm going to start using the post office again, and those disposable cell fones.)

well, there we have it.

Eliot Bernstein Iviewit wrote on August 9, 2007 12:17 AM:

Gonzales is blocking the Iviewit Patentgate matters from exploding as they unravel worldwide, against this Administration of Corruption that appears very tangled in the attempted theft of intellectual properties and crimes against the United States and United States Commerce Dept. For the whole Iviewit Patentgate story and to find out how criminals, disguised as lawyers, truly infiltrated the Executive, Judicial and Courts when they were caught stealing patents and committing all kinds of crimes against the Patent Office, visit www.iviewit.tv

Without knowing the Iviewit story and who really invented the trillion dollar technologies at the center of the Greatest Patent Story Ever Told or the largest bungled attempted crime and how and why our government is acting insane, since the election frauds (some also say related to Iviewit) you will not know true history. Imagine catching an Administration and lawyers from prestigious law firms (Foley and Lardner, Michael Grebe former CEO and Proskauer Rose LLP) robbing the Patent Office, robbing Inventors, the greatest jewel in America, yes, this is real. This constitutes crimes tantamount to treason and the reason Justice must be perverted and laws changed to allow crime and deny due process to the multitude of ongoing complaints against the accused. This is why your focus has been shifted to perceived wars by little thugs (put in power by Bush I to stir trouble worldwide relating to oil) with no armies called terrorists, as the real terrorists, the guys running the country, are robbing the Patent Office, that was initially how this started, our Culture of Corruption. Now basically it is criminals disguised as lawyers and politicians at the helm of government with no oversight, changing laws faster than you change toilet paper to usurp the Constitution in every way. Fox in the henhouse since 1999 through stolen elections and all this jazz about corrupt Justice Departments, corrupt war strategies, etc. the result of removing checks and balances by those empowered to uphold them.

Pressure is mounting though, the Iviewit matters are before the House Judiciary Committee forwarded by John Dingell over at the Commerce Dept for investigation, Senator Feinstein has legislation to increase patent suspension time while ongoing state, federal and international authorities complete. The FBI Office of Professional Responsibility is reviewing missing case files on the crimes against the United States being investigated prior for four years by the FBI that now have disappeared. The DOJ - Office of Inspector General is investigating missing case files of both the FBI and the US Attorney Office and the case also involves the attempted murder via a car bombing of Inventor Eliot Bernstein (pics at www.iviewit.tv homepage), making this the craziest case in the Justice Departments history and one which can only be achieved with top down denial of due process. Where is an investigative reporter, not a script reader or writer, like those Watergate guys, the story is there, the evidence is there, the reality is that any longer delay's in moving the Iviewit case, results in this Administration staying seated in illegally gained power, and continuing to do illegal wars which are killing our children soldiers daily.
The country needs nothing more to clean the Democratic and Republican parties of these crooks, mostly Skull and Bones guys and Federalists with sworn oath to destroy this country anyway and doing a mighty good job, than to have due process restored in the Iviewit matters, in which they all crumble. When will America toss the spin and get on with weeding these clowns out, sending them to prison for war crimes, crimes against the US and its citizens, human torture and the list is exhausting. These guys don't care about repub or dem values; they have secret oaths to spoiled kids clubs and seek to put themselves above everyone else as deciders, in their ego inflated vision of themselves as your dictators. Losers is what we have in the Whitehouse and this administration, look at Cheney and Bush, both backed heavily by Grebe who has a billion of his own wealth at risk if due process succeeds with Iviewit, and you will see educational flunkies, alcoholics, cocaine addicts, failures at business, failure at war, yet very successful at war profiteering. Cheney, who is the kiss of death to a campaign is a major losers, could not even get into Yale’s Skull and Bones although most of his family did, a guy not worthy of doing jobs Mexican's do. These guys have never held a job, they are criminals who only know how to beg daddy or steal your money to succeed. For shame America, let them desecrate us no longer!
Enjoy the Patentgate story
www.iviewit.tv and The Fight for the Grail at
http://www.iviewit.tv/CompanyDocs/Book/index.htm