« August 26, 2007 - September 1, 2007 | TPMmuckraker Home | September 9, 2007 - September 15, 2007 »

Doolittle: "I Am Running Again. Period."

Did you think that little things like a federal investigation, a crowd of Republican challengers and dismal poll numbers would keep Rep. John Doolittle (R-CA) from running for reelection?

You were wrong.

Schlozman Admits Touting GOP Qualifications of Prospective Prosecutors

In written answers to questions from the Senate Judiciary Committee, Bradley Schlozman, the former Justice Department official and U.S. attorney who's been at the center of the firings controversy, admitted that he'd once urged hiring certain prosecutors for his office based on their political affiliation. It's against civil service laws to do so.

But he had a reason, he explains (how good a reason, you can decide for yourself). When serving as the interim U.S. attorney for Kansas City, Schlozman had been unable to hire assistant U.S. attorneys on his own, as Senate-confirmed U.S. attorneys are able to do. For that, he had to go through the central office, or in this case, Monica Goodling, the Department's White House liaison. He'd "heard rumors," he writes,"that Ms. Goodling considered political affiliation in approving hiring decisions for career positions." Goodling, of course, admitted in testimony to Congress that she'd made sure that only Republicans were hired for certain non-political positions.

And so, Schlozman explains, in order to "maximize the chances" of being able to hire his desired candidate, he "once noted the likely political leanings of several applicants" in a conversation with Department officials.

But there was no damage done! Schlozman adds that none of his desired candidates were hired.

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Jefferson Argues Prosecutors Picked Virginia Venue to Ensure White Jury

From The AP:

Rep. William Jefferson accused the Justice Department of bringing corruption charges against him in Virginia to reduce the chance of drawing black jurors.

Jefferson, a Louisiana Democrat who has been charged in an international bribery case, made the argument Friday in federal court documents seeking to move the case to Washington.

"The court has an obligation to ensure that the forum selection in this case was not tainted by racially discriminatory motive," Jefferson's attorney, Robert P. Trout wrote.

Coconut Road: A Historical Perspective

Transportation Weekly editor Jeff Davis takes a thorough look at the historical precedent for Rep. Don Young's (R-AK) Coconut Road earmark language edit, discovering that the Supreme Court has looked at this issue before .

In the freewheeling 1890s, the court concluded in Field v. Clark that a bill signed into law is the law, despite any apparent discrepancies in the Congressional record:

Better, far better, that a provision should occasionally find its way into the statute through mistake, or even fraud, than that every act, state and national, should, at any and all times, be liable to be put in issue and impeached by the journals, loose papers of the legislature, and parol evidence. Such a state of uncertainty in the statute of laws of the land would lead to mischiefs absolutely intolerable...

Davis notes that since the Field decision, the court has grown more wary of official corruption, as reflected in McConnell v. FEC. This could mean the court would consider overturning Field in a case currently being considered for review, Public Citizen v. Clerk. It that decision did overturn Field, the entire 2005 highway bill could be found unconstitutional. That outcome seems unlikely and would certainly take a long time to reach.

In the meantime, Republicans on the House Transportation Committee have signaled that they may allow the Florida county involved to keep the money for the purpose originally described, though they do not have a concrete plan of how that would happen.

National Journal: FBI Beefs up for Corruption Probes

If it seems like the FBI has been mighty busy investigating public officials lately (and it certainly seems that way to Sen. Ted Stevens (R-AK), Rep. John Doolittle (R-CA) and others), it's no accident. As Peter Stone reports in August's National Journal (not available online), the FBI has put a major emphasis on bagging crooked pols:

According to FBI officials, cases involving corrupt government officials are now the bureau’s top criminal priority. The number of FBI agents focusing on public corruption has jumped by more than 40 percent—from 451 agents in fiscal 2001 to 641 in fiscal 2007. In 2005 and 2006, FBI probes were instrumental in the convictions of 1,060 government officials on corruption charges -- 177 federal officials, 158 state officials, and 725 local officials and police -- an increase of 40 percent from the previous two-year period.

In an interview with National Journal, Kenneth Kaiser, the assistant director of the FBI’s criminal investigative division, emphasized that public corruption probes typically are lengthy and require “a lot of evidence” to end in conviction. “Corruption cases are the most difficult to investigate and the most difficult to prosecute,” Kaiser said. “A lot of the time, we use very sophisticated techniques to make these cases.”

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Iraq Body Count on Civilian Deaths During the Surge

With thanks to reader RJ, here's Iraq Body Count's chart of civilian casualties during the surge, broken down by Baghdad vs. non-Baghdad; and by shooting/execution vs. car bomb deaths. IBC, which relies on verified press reports in English and in Arabic, here lists civilian deaths per day, apparently on average, for each month in 2007.

Chi Trib Rakes Muck on IL Rep's Land Deals

From The Chicago Tribune:

[Rep. Jerry Weller (R-IL)], a southwest suburban congressman with a fondness for Latin America, has sunk a large share of his investment capital into a land development in Nicaragua. But he didn't declare the extent of his holdings on his required congressional disclosures, and he indicated dramatically different purchase prices for the land in American and Nicaraguan records.... House ethics rules require representatives to disclose all property they own except for their personal residences.

No Written Petraeus/WH Report?

So we may not get to see the basis for General Petraeus' computations that the surge has reduced violence in Iraq. An anonymous senior military officer tells The Washington Times' Bill Gertz not to expect a paper trail when Petraeus testifies to Congress on Monday.

A senior military officer said there will be no written presentation to the president on security and stability in Iraq. "There is no report. It is an assessment provided by them by testimony," the officer said.

The only hard copy will be Gen. Petraeus' opening statement to Congress, scheduled for Monday, along with any charts he will use in explaining the results of the troop surge in Baghdad over the past several months.

Will the charts explain the methodology used to derive the information they contain?

(Via ThinkProgress)

Iraq Stats 2006: the UN vs the Iraqi Gov't

As Josh wrote on TPM, getting an apples-to-apples comparison of Iraqi civilian casualties statistics -- an all-important metric to determine the success of General Petraeus' "population protection" strategy -- over the course of the past year is something of a murky endeavor. One of the most credible Iraq-casualties tabulations, crunched by the United Nations, was lost this year after the Iraqi government, embarrassed by the high reported death toll, refused the U.N. access to Health Ministry statistics.

And it's not hard to see why: here are the 2006 numbers from the U.N., month by month, versus an AP-reported month-to-month breakdown of figures compiled from the Iraqi ministries of defense, health and interior.

Jan 06: 1700 UN -- 549 Iraqi ministries

Feb 06: 2100 UN -- 545 Iraqi ministries

Mar 06: 2250 UN -- 769 Iraqi ministries

Apr 06: 2200 UN -- 686 Iraqi ministries

May 06: 2669 UN -- 932 Iraqi ministries

Jun 06: 3149 UN -- 885 Iraqi ministries

Jul 06: 3590 UN -- 1062 Iraqi ministries

Aug 06: 3009 UN -- 769 Iraqi ministries

Sep 06: 3250 UN -- 1099 Iraqi ministries

Oct 06: 3600 UN* -- 1288 Iraqi ministries

Nov 06: 3400 UN -- 1846 Iraqi ministries

Dec 06: 2800 UN -- 1927 Iraqi ministries

If I've made any mistakes in compiling this, I'll adjust as necessary. But here you can see the discrepancy in determining how many Iraqis died each month in 2006 alone. In February, for instance, the violence in the wake of the Samarra mosque bombing killed at least 130 Iraqis in one day, making the Iraqi government's count of 535 casualties that entire month rather dubious.

*An Associated Press story from November 2006 pegged the October 2006 UN figure at 3709. There is no explanation for the discrepancy between the UN reported number and the AP account.

Republican Lawyer Set To Speak With House Panel About Siegelman

The Republican lawyer who implicated Karl Rove in the decision to prosecute former Gov. Don Siegelman (D-AL) will speak privately -- and under oath -- with House Judiciary Committee staff next week about what she knows.

The lawyer, Dana Jill Simpson, gave support to Siegelman's argument that his prosecution and subsequent conviction stemmed from a political vendetta against him.

Stevens: Don't Make Me Angry

The latest edition of The New Republic takes a look at Sen. Ted Stevens' (R-AK) "twisted genius for getting what he wants" and the political atmosphere that has let him get away with it for so long.

The key to the most senior Republican senator's success seems to be his tactical use of his extreme temper. In conversations with Alaska locals, I've heard that the legend of Stevens' temper dates back to the death of his wife in 1978 when the couple's plane crashed landing at the Anchorage airport. TNR fleshes out how Stevens' first response to the tragic incident was to lash out at Sen. Mike Gravel (D-AK), grumbling that if it weren't for Gravel, he and his wife wouldn't have needed to rush to a meeting over a piece of legislation Gravel was trying to block.

His accusation became more specific in what a former Senate aide who was present calls "one of the most horrifying moments in the modern Senate." According to the aide (the story was also chronicled by The Washington Post at the time), Stevens hobbled into a Senate committee hearing a couple of months later on crutches and in bandages. With Gravel present, Stevens raised the topic of his reason for flying that fateful day. "I don't want to get personal about it," he told the stunned audience, "but I think if that bill had passed, I might have a wife sitting at home when I get home tonight, too."

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Stalled Lewis Probe Rolls Backwards

The U.S. attorney office in Los Angeles just can't seem to muster the manpower needed to investigate senior Republican appropriator Rep. Jerry Lewis (R-CA). In fact, it seems that the Justice Department is handicapping itself.

The veteran prosecutor who'd been heading up the Lewis case has been forced into retirement, The Los Angeles Daily Journal reported yesterday (not available online). It knocks the investigation, already stalled, further off course.

The Wall Street Journal reported last week that budget shortages and the departure of top prosecutors from the office had caused the investigation to slow down since last fall. But the Journal noted that the interim U.S. attorney George Cardona (the prior U.S.A. Debra Yang left last year under questionable circumstances) had tapped veteran prosecutor Michael Emmick in June to "jump-start" the investigation.

So much for that.

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The Daily Muck

A federal judge struck down the FBI's authority to issue national security letters in lieu of court-approved warrants when seeking information from telecommunications firms. Not content merely with a decision that peels back some of the farthest reaches of the Patriot Act, the residing judge also bashed Congress for passing a law that had potential to become, "the legislative equivalent of breaking and entering, with an ominous free pass to the hijacking of constitutional values." (Associated Press)

One more, and it's a whole frame. A ninth Justice Department official has resigned. Peter Keisler ran the administration's fight over detainee rights at Guantanamo. He plans to spend some time with the family, but Bush is already pursuing his nomination to the D.C. Court of Appeals. (Associated Press)

The terrorist watch list, which determines who can and cannot flight in this country, is riddled with inconsistent entries and has a high error rate in identifying security threats. It seems not being able to trust the accuracy of the list might undermine the value of having a monitoring list in the first place; the Justice Department's Inspector General is beginning to agree. (Washington Post)

Get ready for a House-on-Senate battle royale over earmarks. That's because the House has managed to cut the list of earmarks in half in the latest draft of appropriations bill. But the Senate, who helped pass the earmark reform bill this year, thinks it has done its good deed for the year; their numbers of earmarks hasn't changed substantially from last year. (The Hill)

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Today's Must Read

We've been writing for a while about the difficulty of getting clear and consistent measurements about security in Iraq. The Government Accountability Office stated this week that there hasn't been a measurable decline in attacks on civilians over the course of the surge, something that General David Petraeus' command sharply disputes. Making matters more complicated, the Pentagon's quarterly Iraq reports have recently taken to revising its earlier estimates of sectarian killings without indicating what prompted the change. The statistical confusion is likely to play a prominent role in Petraeus' Congressional testimony next week.

So it's significant that Petraeus gave a subtly defiant interview to the Boston Globe's Charles Sennott. Petraeus, true to form, attaches qualifiers and caveats to his assessments, but he hits his main points hard: his is a "solid plan" that is achieving results, from the pacification of Anbar province to the increased capability of Iraqi Army and police forces that "hold" neighborhoods in Baghdad. He implies that the Sunni tribal turn against al-Qaeda is a turn for "reconciliation" with the Shiite-led Iraqi government, something that his subordinate commanders have doubted.

Unlike his interview last weekend with the Australian, though, he cites no statistics about overall declines in casualties. Instead, he pointedly states that "what our troopers have achieved is measurable and important." It's a loaded statement, implying that to question the statistics distributed by Multinational Forces-Iraq is to criticize the troops on the ground. That's something the GAO took great care not to do in its report this week, writing that the troops have "performed courageously under dangerous and difficult circumstances."

Something else to look for: Petraeus appears to anticipate a question about whether all or most of Baghdad has, in fact, been made secure. (He told the Australian that sectarian violence was down 75 percent in the capitol.)

As we have demonstrated through the employment of the forces that we have, we do not necessarily have to secure every part of Baghdad at once -- this can and has been done in stages. As the security situation in an area improves, forces are required to hold the gains that we have made. Over time some of those forces can be local police units working with the Iraqi Army and Coalition Forces in Joint Security Stations.

That sounds like Petraeus is conceding that Baghdad remains, at least in parts, unsecured. He's never explicitly said otherwise, and he would understandably resist being expected to solve the capitol's problems in less than a year. Indeed, to me and to other reporters, he's discussed how the Iraqis need to come to terms with an "acceptable" level of violence: after all, no city of 7 million can be completely secure. But expect Congress to grill him on what he's actually saying about the levels of security throughout Baghdad -- and how he measures it.

NH Rep Pushes for Phone Jamming Investigation

The New Hampshire phone jamming caper lives on!

In a letter to House oversight committee Chairman Henry Waxman (D-CA) today, Rep. Paul Hodes (D-NH) asks that the committee investigate. Not only is there evidence that the White House might have been involved in the jamming, Hodes writes, but there's evidence that Justice Department officials interfered in the prosecution. He wants the committee to "determine if a politically motivated plot did in fact obstruct justice in this case, and if so to take such steps as may be reasonable." You can read his letter here. Democrats had earlier requested that the Senate Judiciary Committee probe the matter.

Three guilty pleas and one conviction have resulted from investigation of the scheme, where Republicans conspired to jam Democratic phone lines on Election Day, 2002.

Republicans Signal Willingness to Change Coconut Road Funding

The last time we checked in on Rep. Don Young's (R-AK) extra-Constitutional Coconut Road earmark, Rep. Connie Mack (R-FL) had just written the House Transportation Committee asking that it back local officials who want to spend the $10 million on its original purpose -- rather than on the interchange popular only with an out-of-state real estate developer.

That appears likely to happen. A spokesman for the ranking Republican member on the committee Rep. John Mica (R-FL) said he supports allowing local authorities to use the money for the widening of Interstate 75 rather than Coconut Road, though how the process would play out is not entirely clear.

"I think however it is addressed going forward here, [Mica] would certainly want to do his best to make sure that it is done properly and technically correctly," said spokesman Justin Harclerode.

The letter is waiting for chairman Rep. James Oberstar (D-MN) to take a look, but his spokesman said he will likely let committee Republicans handle the issue.

"I don't know what course of action we are going to take, but generally we defer to the minority party on [these requests]," said spokesman Jim Berard. "This was something that was inserted when the Republicans were in the majority, it was a Republican request and usually these are handled by the individual party."

Berard also mentioned that Young -- who is a member of the committee -- will likely join in on the discussions because he is the original author of the earmark.

Iraqi National Police is 85 percent Shiite

Former Washington D.C. police chief Charles Ramsey, the lead police expert on the Jones commission, knows all about community suspicion of the boys in blue. Yet, he told Sen. John Thune (R-SD), the distrust he saw directed at the Iraqi National Police was stunning. Maybe that shouldn't be surprising: corrupt and brutal, and responsive to an Interior Ministry that the commission describes as a "11-story powder keg of factions," the 25,000 member force, Ramsey disclosed, is a stunning 85 percent Shiite and only 13 percent Sunni.

The commission recommends disbanding the Iraqi National Police and reconfiguring it under the Interior Ministry. But commission members didn't really address how any improvement in the police force is possible absent a drastic overhaul in the Interior Ministry, which the Maliki government rejected today. Of course, the ministry is the way it is because Shiites and Sunnis remain unreconciled, so we're back to the central problem of sectarian reconciliation. Until that's magically fixed, it looks like you occupy a country with the Iraqi National Police you have, not the Iraqi National Police you might want or wish to have at a later time.

Jones: The Surge is Working, Let's Draw Down

In this morning's testimony to the Senate Armed Services Committee, the independent commission on Iraqi security forces led by retired General James Jones expressed a great deal of confidence in the Iraqi Army's growing combat capabilities and far less on those of the local police and National Police units.

But Jones wanted to make a broader point as well, one that doesn't directly relate to the state of the Iraqi security forces. Citing the "tactical successes" of the surge, Jones said, it's possible to start moving toward reduced combat missions for U.S. forces in 2008.

It's somewhat beyond the commission's purview, which had to do only with the conditions of the Iraqi military and police. But Jones said the "observable progress" of the Iraqi Army led to "some options" for U.S. forces in Iraq by early 2008, especially due to the (dubious) reduction in violence as the result of the surge. Specifically, the U.S. should -- however slowly -- begin to transition into a "strategic overwatch" role, protecting Iraqi borders and major infrastructure. Even though the Iraqi police face tremendous difficulties and the army won't be ready to act independently for at least a year, the U.S.'s "force footprint should be justified to represent an expeditionary capability and to combat the permanent-force image of an occupying power," Jones testified.

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11 New Jersey Officials Arrested In Bribery Scheme

The FBI rounded up 11 New Jersey officials today, including two mayors (both Dems), a county undersheriff, a city council staffer, one current and one former councilmen, and five school board members, in a bribery scheme involving roofing and insurance contracts.

The FBI set up an elaborate sting to catch the civil servants accused of accepting $150,500 in bribes.

The FBI set up an undercover insurance brokerage company that included undercover agents and two cooperating witnesses, one of whom had previously operated a roofing business, according to a statement released today by the U.S. Attorney's Office.

The school board members allegedly took bribes from the cooperating witnesses, and the probe widened when school board members directed the cooperating witnesses to officials in north Jersey, authorities said.

They, in turn, directed investigators to other public officials, authorities said.

Doolittle Aides Testify to Grand Jury

The battle to clear Rep. John Doolittle's (R-CA) name continues! The latest combatants were a pair of Doolittle aides who testified before a grand jury Wednesday.

Doolittle's deputy chief of staff Dan Blankenburg had this upbeat takeaway from the experience:

"This morning I testified before the federal grand jury.... Overall, it was a very uneventful experience. I was questioned primarily about the operations of our office. To me, the process represents a necessary and promising step toward the truth."

It seems that Blankenburg is working for the right man. Doolittle responded to the news that half a dozen of his former aides had been contacted by investigators by saying, "I'm glad."

Note: Here's our rundown of Doolittle's entanglements with ex-super lobbyist and current inmate Jack Abramoff.

Intel Analyst: Iraq Data Trend Lines 'Like Spaghetti'

A shame that the Washington Post ran this piece on A16, but Karen DeYoung does yeoman work in pointing out how the measurements don't add up for the Bush administration's repeated claim that violence is down in Iraq, something that we've reported on here and here. I've been stonewalled on how the military defines a "sectarian" attack, but DeYoung gets a frustrated U.S. intelligence official to explain:

Intelligence analysts computing aggregate levels of violence against civilians for the NIE puzzled over how the military designated attacks as combat, sectarian or criminal, according to one senior intelligence official in Washington. "If a bullet went through the back of the head, it's sectarian," the official said. "If it went through the front, it's criminal."

"Depending on which numbers you pick," he said, "you get a different outcome." Analysts found "trend lines . . . going in different directions" compared with previous years, when numbers in different categories varied widely but trended in the same direction. "It began to look like spaghetti."

The cherry-picking has resumed, and apparently by design. There isn't one central clearinghouse for storing data on enemy attacks, which helps explain why the leaked draft of the GAO report on Iraqi benchmarks found entire "agencies" disagreeing about whether violence was down.

In an e-mailed response to questions last weekend, an MNF-I spokesman said that while trends were favorable, "exact monthly figures cannot be provided" for attacks against civilians or other categories of violence in 2006 or 2007, either in Baghdad or for the country overall. "MNF-I makes every attempt to ensure it captures the most comprehensive, accurate, and valid data on civilian and sectarian deaths," the spokesman wrote. "However, there is not one central place for data or information. . . . This means there can be variations when different organizations examine this information."

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Jones Commission Report: Interior "A Ministry In Name Only"

Retired Marine General James Jones, a former NATO commander, helmed an independent inquiry into the state of the Iraqi security forces, and his top line is simple enough: the Army is incrementally improving, while the police are a shambles. Forces under the control of the Defense Ministry, "one of the better-functioning agencies" in Iraq are getting better at counterinsurgency, but they won't be able to operate without U.S. assistance for the next year to 18 months. Meanwhile, the Shiite-dominated Interior Ministry, which controls the police, is an obstacle to a competent, non-sectarian force. (Read Jones' conclusions here.)

The Iraqi police are improving at the local level predominantly where the ethnic makeup of the population is relatively homogenous and police are recruited from the local area. Police forces are hampered by corruption and dysfunction within the Ministry of Interior. In some areas, they have been vulnerable to infiltration, and they are often outmatched in leadership, training, tactics, equipment, and weapons by the terrorists, criminals and militias they must combat. The rate of improvement must be accelerated if the Iraqi police are to meet their essential security responsibilities. ...

The Ministry of Interior is a ministry in name only. It is widely regarded as being dysfunctional and sectarian, and suffers from ineffective leadership. Such fundamental flaws present a serious obstacle to achieving the levels of readiness, capability and effectiveness in police and border security forces that are essential for internal security and stability in Iraq.

And with that, official recognition catches up with the facts on the ground.

Much more on the report soon. Jones testifies this morning before the Senate Armed Services Committee.

AEI's Gerecht: Cheney Doesn't Tell Me What to Write

Last week, Barnett Rubin of New York University sparked a controversy by accusing hardliners in Dick Cheney's office of giving right-leaning think tanks in Washington "instructions" to start a drumbeat for war with Iran. Among the think-tankers Rubin called out was Reuel Marc Gerecht, a former CIA officer and Iran specialist, who wrote in this week's Newsweek that diplomacy with Iran and other "moderate tactics" are doomed to failure. I asked Gerecht for a response to Rubin's allegations, and he e-mails:

I like Rubin, but I have no idea of what he's talking about. (And I see that George Packer at The New Yorker seems to be similarly "informed" and similarly convinced of his sanity.) Newsweek contacted me. Fareed Zakaria was on vacation/book leave. They wanted to know whether I wanted to write about Iran. I said sure. Actually, I almost said "no" since I was in the midst of an international move and had no time. FYI: I don't know of a single instance of the VP's
office trying to encourage commentary from AEI staff. Not once. I suspect the VP's office knows that such forays would be highly unwise. The idea is offensive, and I think they know that, and would likely lead to considerable unpleasantness.

Imagine if Barack Obama won the presidency and his VP, Joe Biden, called you and George
Packer and suggested that you two write for them since all concerned were more or less on the same page. Even if you were in total agreement with Mr. Biden and wanted to advance "the cause," I suspect you would find such a suggestion presumptuous, to say the least. And on a side note, I wouldn't be so sure that the VP and his principals want to bomb Iran's nuclear facilities. I've known a few folks from that office over the years, and I wouldn't say that confidently. The press commentary pitting the "wise" and "professional" State Department against the "reckless" and "bellicose" VP office is, to put it politely, hyperventilated. One of the good things that might come from a Democratic victory in 2008 is that center-left/left-wing journalists, i.e., the vast majority of journalists, might actually know somebody well enough in the government to make this conspiratorial reflex less acute.

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The Daily Muck

The White House has begun to float a short list for the attorney general spot privately among members of Congress. Roll Call (sub. req.) has a rundown on the six names currently being bandied about, but the big surprise is that the early front runner Michael Chertoff is not being seriously considered for the position. (Roll Call)

The GAO isn't making any friends these days. In addition to releasing a report saying that Iraq has met only three of eighteen benchmarks, the independent watchdog agency yesterday criticized the Department of Homeland Security for failing to meet over half of its performance expectations; in other words, DHS is only half protecting us from terrorists. And, in case they hadn't annoyed enough bureaucrats for one day, the GAO chided the federal government for not doing a good job of acknowledging and addressing the effects of global warming. By the way, in all three cases the government has blamed the GAO for writing inaccurate reports. (NY Times, Washington Post)

Vanity Fair undergoes an exhaustive search to trace the path of $9 billion in cash lost in Iraq. Their search takes them all over the world, but make sure you read through page 5, when it takes them to a Bahamas P.O. Box that represents NorthStar, the organized face of public accounting for Iraq contractors. Bonus question: who has more accountants on staff, the company charged with overseeing billions in federal reconstruction money, or the burgeoning TPM empire? (Vanity Fair)

This is fun. Last week, Democratic presidential candidates scrambled to return the donations of a star fundraiser Norman Hsu after it came to light that Hsu was facing an arrest warrant. Hsu didn't show up for his original hearing, but he's finally seen the light (15 years later) and turned himself in. Then yesterday, in what might be the best in-your-face moment since Vince Carter jumped a Frenchman, Hsu skipped out on his court date again! (ABC's The Blotter)

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Today's Must Read

Until now, real estate developer Bob Penney looked like maybe he just enjoys helping out Alaska politicians. (Like giving Sen. Lisa Murkowski (R-AK) half off on a prime piece of land.) But in today's edition of The Hill, it's starting to look more likely that at least his relationship with Sen. Ted Stevens (R-AK) fetched him more in return than he's admitted. And Stevens' help neatly coincided with his involvement in a highly profitable land deal orchestrated by Penney.

Reporter Manu Raju trolled through public documents and spoke with Alaska officials to confirm that Stevens quietly slipped Penney's group, the Kenai River Sportfishing Association, $4.5 million in earmarks between fiscal 2004 and 2006 to research salmon populations in the famed river and a connected stream.

The spending laws do not specifically say the money was targeted for the group, but the funds were given to it after Stevens’s office instructed the Alaska Department of Fish and Game to do so, according to officials there.

Penney has long fought for sport fishermen to get increased access to the Kenai, much to the chagrin of commercial fishing industry groups, which are fierce competitors with sport fishermen over salmon allocations. Officials from the commercial fishing industry say that the group shut them out of determining how to spend the earmarked dollars, alleging the sporting group is using the funding to lay the groundwork to help them at the commercial sector’s expense.

All of the fish-money funneling took place right around the time Penney brought Stevens in on a Utah land deal that turned a $15,000 investment into $125,000 in just one year. Penney told the Anchorage Daily News at the time (2004) that he and his fellow investors invited Stevens in "appreciation for all he's done for Alaska and the country. We respect him very, very much."

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Email: DoJ Official Questions "How in the Heck" Prosecutors Pursued Controversial Case

Alberto Gonzales may be on his way out, but plenty of questions remain. One in particular concerns the prosecution of Wisconsin state bureaucrat Georgia Thompson, whose conviction on corruption charges was abruptly overturned when the court of appeals reviewed the case, finding the evidence against Thompson "beyond thin."

The case, because of its tenuous ties to the Democratic governor, became an election year hobby horse for Republicans. It's since become better known as a worrying indication of politicization of prosecutorial decisions, leading to Congressional scrutiny of Milwaukee's U.S. Attorney Steven Biskupic and the decision to pursue the case.

Well, the House Judiciary Committee today released the first correspondence it's obtained in its investigation of the Thompson case. And as Chairman John Conyers (D-MI) characterizes it, the brief email exchange "demonstrates that even Justice Department insiders thought the Thompson case was seriously flawed."

In the exchange, Craig Donsanto, the Election Crimes Branch Director and a well-respected veteran of the Department, responds to an email from Raymond Hulser, Deputy Chief of the Department's Public Integrity Section, who forwarded to Donsanto the appeals court's opinion overturning Thompson's conviction.

Donsanto's reaction was simple: "Bad facts make bad law. How in the heck did this case get brought?"

That, of course, is precisely the question that Democrats are trying to answer. "This only underscores the need for further investigation into the Administration's alleged role in politicizing prosecutions," says Conyers.

Allawi Uses Loophole to Keep Backers Secret

It's official: Ayad Allawi is no longer represented by Barbour Griffith & Rogers, the White House-connected lobbying firm he retained to sell the U.S. government on his "parliamentary coup" to become Iraq's next prime minister. Well, sort of.

Allawi doesn't want to disclose who's paying BGR's $300,000 fee. But since Allawi admitted on CNN that he's not paying the bill himself, BGR has to either disclose to the Justice Department which "agent of a foreign principal" it receives money from or violate the Foreign Agents Registration Act. Disclosure, however, is for amateurs.

Yesterday, BGR took an anticipated third option: changing its filing with DoJ so that BGR no longer represents Allawi, but rather his political party, the Iraqi National Accord. Christina Davidson reports for IraqSlogger (sub. req.) that since political parties aren't required to disclose their sources of funding under FARA, "BGR has managed to pull an easy sidestep in order to maintain the anonymity of Allawi's backer."

White House on Benchmark: Eh, Failure is Good Enough

Not every aspect of the GAO study on the Iraq benchmarks contradicts the administration line. Indeed, on one unfulfilled benchmark -- the persecution of Sunni military commanders -- the White House and the GAO see eye to eye. But the response amounts to the same thing. Instead of insisting that the benchmark is met and the strategy is working, the White House admits that it's not, but curiously insists that it doesn't need to do anything differently. We just need to stay the course.

The benchmark measures sectarian interference with security operations. According to the GAO, Shiite politicians have pursued groundless accusations of wrongdoing against Sunni officers that the U.S. considers trustworthy. In some cases, "questionable judicial warrants" against officers are issued by "the Office of Commander in Chief" -- otherwise known as Prime Minister Nouri al-Maliki. The persecution means that the Iraqi security forces' "formal command structure is compromised by influential sectarian leaders linked to the security ministries."

Funny thing: the White House doesn't disagree.

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Gibbons Taps Fox for Hen House Gig

Where do you find a job after lobbying for a (potentially) corrupt failure of a subprime mortgage company? You go work for Gov. Jim Gibbons (R-NV) as commissioner of the state's Mortgage Lending Division, of course!

Gibbons just tapped Joe Waltuch, who served as legislative counsel to New Century Financial, which filed for bankruptcy protection in April (after predicting it wouldn't cover its weekly payroll) and is now under scrutiny by federal prosecutors in California and the Securities Exchange Commission.

Not surprisingly, some officials are pretty shocked by the choice, the Las Vegas Review Journal reports:

"I'm in total disbelief that the governor would appoint a former executive for a company that's under federal criminal inquiry, bankrupt and caused countless people to lose their homes," said Assembly Speaker Barbara Buckley, D-Las Vegas. "This company is a poster child for what not to do in mortgage lending. And now the appointee is supposed to watch out for consumers? Unbelievable."

We've noted Gibbons' decision-making skills here before, but he'd been laying low for awhile. The move is particularly surprising as both the House and the Senate are starting to probe the subprime mortgage industry now that an estimated 1.2 million people may lose their homes.

Pill Mix-up Gave Pol a Hard Night

The Alaska-Veco scandal just got sexier -- sort of. Now all it needs is rock and roll.

According to court documents, the FBI recorded former Alaska House Speaker Pete Kott and former Veco CEO Bill Allen talking about sleeping and sexual enhancement pills Allen gave Kott. Unfortunately for Kott, he seemed to get the pharmaceuticals confused:

"Man, I've been having a hard time sleeping," Kott complained to Allen.

"So that worked pretty good," Allen said, laughing.

"Which ones are which?" said Kott.

"Goddamn it, I told you now, just use the white ones ... to sleep," Allen reminded him. "And the the goddamn, ah, brown or whatever they are, that's for (explicit language for sex), and the other one is for sleeping."

"Yeah, I thought I was taking the sleeping pill. Took the wrong one. Still got the white one," Kott said.

"You're something else," Allen said, laughing. "You're something else, Pete."

Kott wants the evidence kept from the jury.

Interviewing 101: The Bush Administration Way

If you're bidding for a spot at the Bush Justice Department, you better come ready to field a barrage of questions. And not the variety you might expect. If you're not prepared, you might just leave feeling like you ran into a buzz saw.

Jack Goldsmith, in his new book The Terror Presidency, provides a first hand account of his interview at the White House to be the chief of the Department's Office of Legal Counsel in 2003. The OLC position is among the most important at the Department, since its legal opinions bear directly on government policy. As Goldsmith explains, the OLC has the power to essentially offer "advance pardons" for dubious administration conduct.

So Goldsmith expected to spend the interview talking about his views on the law and the Constitution. Instead, he writes, this is how it began:

Sitting in chairs around [Deputy White House Counsel David] Leitch's desk as I entered the room were [then-White House Counsel Alberto] Gonzales and [Dick Cheney's counsel] David Addington. I had met both men briefly before, but I had never had an extended conversation with either. I shook everyone's hand and was settling in on the couch at the opposite end of the room when Leitch kicked off the interview.

"Who's Henry Perritt?" he asked in a slightly accusatory tone.

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Even the Achieved Benchmarks Have Downsides

The Iraqi government fully met only three out of 18 benchmarks, according to the GAO. Among them: the parliament has rules in place to protect the rights of ethnic and religious minority members. Sure, it's not the sexiest benchmark -- it's no militia demobilization or constitutional reform -- but in a multiethnic country without a democratic tradition, it's important.

Only one problem: the GAO felt compelled to point out -- over the objections of the State Department -- that minority protections don't exist outside the parliament hall.

According to the United Nations, attacks against religious and ethnic minorities continued unabated in most areas of Iraq, prompting these communities to seek ways to leave the country. The conflicts reportedly bear the mark of sectarian polarization and "cleansing" in neighborhoods formerly comprised of different religions.

Now, that's not part of the benchmark, which just looks at minority protections within the government. Why include general information about the plight of Iraq's minorities here?

[W]e believe it is important to provide some context of minority rights in Iraq. Iraqi legislators we interviewed insisted that the situation in their communities has a direct bearing on their work in the legislature, their freedom of movement to and from the legislature, and their ability to engage fully in Iraq [sic] political life.

That sounds a lot like GAO is saying the benchmark is a hollow one.

One question: how is it that GAO can judge sectarianism in attacks on ethnic and religious minorities but not against either Sunnis or Shiites?

Pentagon Soft-Pedals Iraqi Gov Corruption

Sometimes the Pentagon presents misleading Iraq data. Other times, it minimizes its own findings, as it does on one of the most controversial aspects of the Iraqi training effort: endemic corruption and sectarianism in the Ministry of the Interior.

Interior, which controls the police, is the sharpest weapon of Shiite power in Iraq. Here's the Government Accountability Office's report:

[M]ilitia influence affects every component of the Ministry of the Interior, especially in Baghdad and in other key cities, according to DOD. This influence, along with corruption and illegal activity, constrains progress in the development of Ministry of Interior forces.

Notice that attribution: "according to DOD." But look at the relevant section of the June 2007 Pentagon quarterly report on Iraq (pdf), beginning at page 31. The top line is what GAO describes, on both the question of militia infiltration and corruption. But then the Defense Department explains it away:

The [Ministry of the Interior] still struggles with internal corruption, and the ministry made continued efforts this quarter to address this problem. Key to these efforts is effective investigations when allegations appear to have credibility.

In support of that statement, the report lists over 1900 internal corruption investigations which have resulted in the firing of nearly 900 ministry employees. But, according to a memo from the U.S. embassy in Baghdad, those investigations don't exactly go anywhere.

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Iraq Fraud Cases Make Rain for Lawyers

Pretty much anyway you slice it, these are great times for defense lawyers.

Iraq contractors are feeling the heat of Department of Justice scrutiny, and are turning to some heavy-hitters to help them out, The National Law Journal reports.

During the past year, several defense contractors hired to help rebuild Iraq have come under federal investigation or faced litigation for allegedly defrauding the government. Government officials estimate that $10 billion in Iraq-related contracts are unaccounted for and may have been lost to fraud or other misconduct.

Currently, about 80 federal investigations looking into contract fraud are under way, and more than 20 cases have been referred to the Department of Justice for prosecution, according to congressional testimony offered by federal auditors. During the last three years, contract fraud investigations have yielded 10 arrests, five indictments, five convictions and two imprisonments.

An "army" of heavy-weight lawyers are giving their contractor clients sage advice like: "don't throw records away" and "don't conspire with people to cook their testimony." The advice might be working, because, so far, the hundreds of DOJ investigations have yielded fewer than a dozen indictments.

Where in the World is Tommy K?

Thomas Kontogiannis, the Greek-born businessman and veteran cooperator who's pled guilty to helping bribe Duke Cunningham, has gotten kid glove treatment from prosecutors. But here's something that seems to have puzzled even the trial judge.

As we noted last week, The North County Times reported that they'd tracked down Tommy K at a five-star hotel in Greece. It seemed an odd place to find an admitted felon. Judge Larry Burns agrees. From The San Diego Union-Tribune:

[John Michael's lawyer Raymond Granger] said that Kontogiannis has been on vacation in Greece this summer. Since pleading guilty, Kontogiannis has been free on a bond, but surrendered his passport to federal authorities and was allowed to travel out of the country only if accompanied by federal agents, or with their permission.

Burns seemed intrigued by that revelation, and ordered prosecutors to find out if it was true. He said he might hold another hearing to “clarify the terms” of Kontogiannis' bail.

“On no occasion did I contemplate he would be vacationing in Greece pending sentencing,” Burns said.

So it seems that there might soon be a Grecian five-star hotel clause in Kontogiannis bail.

There was another major revelation in yesterday's hearing, which centered on Michael's motion to dismiss the charges against him. The SDUT also reports that prosecutors "indicated" that Kontogiannis might not testify against his nephew Michael and alleged Duke-briber Brent Wilkes. Perhaps they've calculated that all Tommy K's dirty laundry (which Michael's lawyer did his best to air) might become a distraction for a jury.

The Daily Muck

Rep. Gary Miller (R-CA) is not under FBI investigation. At least, that's what Miller has told The Hill in a recent interview. Of course, as he points out, that doesn't dispute the fact that a federal agent could be looking into a few of his real estate windfalls; he explains: "a federal agent could be anyone — anyone flashing a badge." Just not the FBI. (The Hill)

Yesterday, the White House cleared up confusion about whether the Office of Administration was subject to FOIA by doing the respectable thing: it changed its website. But, as CREW points out, the rationale for excluding the OA is, well, false. (CREW)

The D.C. Madam is facing government persecution because her clients before 9/11 included Muslim men, some of whom cannot be named because the information is classified (according to her). I'm of the opinion that with a line of defense that crazy, it has to be true! (Washington Post)

Californians are likely to vote next year on a referendum that would change the state's winner-take-all system to disburse electoral votes by congressional district. In a sign that the change would be a huge advantage to Republicans, the organization supporting the reform has also worked closely as "Swift Boats for Truth" supporter Bob Perry; Perry has paid $65,000 in past legal fees for help with the PAC that helped attack Kerry's war creds. (Think Progress)

Rep. Paul Ryan (R-WI) has the worst luck; he just keeps getting money from corrupt donors. Joh Erickson was charged with illegally funneling a quarter of a million dollars to Florida candidates, including Ryan. Erickson is closely linked to Dennis Troha, a prominent businessman who just recently was charged with the same crime; Troha also gave to Ryan. (Journal Sentinel)

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Leahy Chats with White House Lawyer about AG Pick

From The Politico:

White House Counsel Fred Fielding is scheduled to visit the Hill Wednesday to discuss attorney general candidates with Judiciary Committee Chairman Patrick Leahy (D-Vt.), according to Senate sources.

Last week Leahy wrote Bush to see if he was free to meet this week about the nomination.

Today's Must Read

Pentagon officials are angry with the Government Accountability Office, whose recent report disputes that the surge has reduced sectarian violence in Iraq. And with good reason: over the weekend, General David Petraeus boasted to The Australian that sectarian violence was down a staggering 75 percent in Baghdad, a "hugely important" figure he surely wants to trumpet before Congress next week. An anonymous DOD official insisted to the Washington Post that the GAO is "factually incorrect" on this important metric, but provided no evidence for the claim. And that fits a pattern for the Pentagon's gripes with the GAO.

Repeatedly throughout the document (pdf), the GAO takes a note of caution on sectarian violence, which is the thirteenth benchmark. It says it's "not clear" whether the violence is in fact down, since "measuring such violence requires understanding the perpetrator's intent, which may not be known." Recall that in its July report, the White House plainly stated that "trends supplied over time by [the U.S. military command in Iraq] demonstrate a decrease in sectarian violence, particularly in Baghdad, since the beginning of [the Baghdad security plan, known in Arabic as] Operation Fardh al-Qunun."

The GAO instead suggests substituting a measurement of total civilian casualties. And there the news isn't so good: the GAO reports that the "average number of daily attacks remained about the same over the last six months." A graph, based on data from the U.S. military command in Iraq, shows that from February to July -- the lifetime of the surge so far -- average daily attacks on civilians hover at a bit higher than 20 per day (click to enlarge):

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U.S.-Backed Sunnis Fight al-Qaeda -- and Maybe "Iran-Backed" Shiites?

Indications that hardliners within the Bush administration are (again) pushing for war with Iran casts new light on the recent alliance of convenience between the U.S. military and Sunni insurgents in Iraq. We've been highlighting for a while the administration's penchant for implying that the deterioration of Iraqi politics isn't as important as the U.S.-Sunni alliance against al-Qaeda. And there's little doubt that the alliance is important, both for fighting al-Qaeda in Iraq and for the prospect of an Iran war spilling over into Iraq. It's not inconceivable that our new Sunni allies of convenience would read the push for war with Iran as a green light to go after the Iraqi Shiites they view as Iran's proxies, politically or militarily.

Throughout 2005, when U.S. military commanders met for talks with Sunni insurgents, one message the insurgents delivered, according to several sources of mine, was that the U.S. was handing Iraq over to the Iranians by allowing the Shiites to take power through elections. If the U.S. didn't want to see Iran claim a hegemonic role in the region, said the insurgents, it had better return to its traditional posture of preferring Sunni rule in Iraq. Nor were insurgents the only ones articulating that fear: so were key Sunni allies of the U.S. in Jordan and Saudi Arabia.

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Doolittle Aides Subpoenaed

Just in case you'd forgotten dead-pol-walking Rep. John Doolittle (R-CA) is under federal investigation for his ties to Jack Abramoff, a reminder today:

GOP Rep. John Doolittle's chief of staff and deputy chief of staff have been subpoenaed to testify before a grand jury in a federal probe into ties between Doolittle, his wife and jailed lobbyist Jack Abramoff.

The grand jury subpoenas from the U.S. District Court for the District of Columbia were issued to Chief of Staff Ron Rogers and Deputy Chief of Staff Dan Blankenburg. They were announced on the House floor as Congress returned from its August recess Tuesday after the aides informed House leaders about the subpoenas, as required under House rules.

The Sacramento Bee reported back in June that the feds had contacted as many as six of Doolittle's former aides. The feds raided his Virginia home in April after he refused to plead guilty.

Abramoff may be in prison, but he's continuing to cooperate with investigators. Recently a status conference was pushed back to December, meaning that Abramoff will likely not be sentenced for his bribery conviction until 2008. Abramoff pleaded guilty way back in January, 2006, and has been cooperating with investigators since 2004. It's been quite a run, and it's not over yet.

Late Update: According to the LA Times, three of Doolittle's aides have been subpoenaed, including his Chief of Staff and Deputy Chief of Staff.

Selling War with Iran: Next Week at AEI

Barnett Rubin is the last person to set off wild speculation about war with Iran: the longtime Afghanistan expert is wonky, moderate and thoroughly analytical. But that's exactly what happened on Wednesday, when Rubin blogged that an anonymous, plugged-in friend told him that Dick Cheney's office had issued "instructions" to conservative think tanks like the American Enterprise Institute to start a drumbeat for attacking Iran. In order to determine precisely what he's alleging, and get a sense of its credibility, I spoke with Rubin, a senior fellow at NYU's Center on International Cooperation this morning.

Cheney's likely motivation for issuing such instructions to his think-tank allies would be to win an inter-administration battle over the future of Iran policy. Cheney, an advocate of confronting the Iranians militarily, faces opposition from the Joint Chiefs of Staff, where the primary concern is preventing an open-ended Iraq commitment from decimating military preparedness for additional crises. A new war is the last thing the chiefs want, and on this, they're backed by Defense Secretary Bob Gates. "It may be that the president hasn't decided yet," says Rubin.

On this reading, the real target of any coordinated campaign between the VP and right-wing D.C. think tanks on Iran isn't the Iranians themselves, or even general public opinion, but the Pentagon. Cheney needs to soften up his opposition inside the administration if Bush is to ultimately double down on a future conflict, something that a drumbeat of warnings about the Iranian threat can help accomplish. When asked if a third war seems surreal, given the depth of investment the U.S. has given Iraq and Afghanistan, Rubin replies, "I'm out of adjectives."

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White House Website Catches up with White House Secrecy

We noted two weeks ago that the Bush administration had refused a Freedom of Information Act request for records concerning the loss of millions of White House emails. Justice Department lawyers argued that the office which maintained that information, the Office of Administration, was not subject to FOIA.

But sometimes the administration surprises even itself with its capacity for secrecy. And so it was here, since the White House website clearly stated that the Office of Administration was subject to FOIA. And the office had been busily fulfilling FOIA requests for years, even employing a FOIA officer (the Department lawyers explained in their filing that this wasn't a problem). Here's the website as it was last month:

No more. Finally, the website has caught up, as Citizens for Responsibility and Ethics in Washington, the D.C. watchdog that filed the FOIA request notes. Now it's:

Problem solved!

Goldsmith: Legal Memos Were "Advance Pardons" for Lawbreaking

Why did Dick Cheney's lawyer David Addington get so upset over rescinding this or that Office of Legal Counsel memorandum? The purpose of the OLC's review process is to collect legal guidance about courses of prospective policies an administration might want to pursue. Under the Bush administration, however, OLC review became a waiver of immunity for breaking the law. From Jeff Rosen's profile of Jack Goldsmith:

[T]he office has two important powers: the power to put a brake on aggressive presidential action by saying no and, conversely, the power to dispense what Goldsmith calls “free get-out-of jail cards” by saying yes. Its opinions, he writes in his book, are the equivalent of “an advance pardon” for actions taken at the fuzzy edges of criminal laws.

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Goldsmith: Cheney Lawyer Is Frothing Lunatic

If there's a villain in Jack Goldsmith's account of his time in the Justice Department, it's David Addington, Dick Cheney's legal alter ego. Addington, who became the vice president's chief of staff after Scooter Libby resigned following his indictment, served as Cheney's eyes and ears in the legal battles within the administration over warrantless surveillance, coercive interrogations and indefinite detentions. His style of argument, as recounted by Goldsmith, isn't exactly a subtle one.

[W]hen Goldsmith tried to question another presidential decision, Addington expressed his views even more pointedly. “If you rule that way,” Addington exclaimed in disgust, Goldsmith recalls, “the blood of the hundred thousand people who die in the next attack will be on your hands.”

Jane Mayer's profile of Addington introduced him as a zealot for unchecked presidential power during wartime. Barton Gellman and Jo Becker's series on Cheney added crucial detail, including Addington's role in functionally authoring White House opinions denying al-Qaeda detainees Geneva Conventions protection.

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Mrs. Ashcroft to Gonzales: Plbth!

Jack Goldsmith, who headed up the Justice Department's Office of Legal Counsel for a stormy number of months in 2003 and 2004, has written a tell-all of his time in the Department, which included clashes with the administration over warrantless surveillance, torture, and other weighty topics. Jeffrey Rosen's sneak peek in The New York Times Magazine with Goldsmith is rife with revealing details.

To start, Goldsmith adds his own recollection of the infamous hospital showdown in March of 2004 over the warrantless surveillance program. Attorney General John Ashcroft, remember, had undergone gall bladder surgery, and since he was incapacitated, Deputy Attorney General James Comey had been tapped as the acting AG. When Comey, acting on Goldsmith's analysis of the program, decided that he could not provide a legal authorization for it to continue, then-White House counsel Alberto Gonzales and chief of staff Andrew Card raced to the hospital to see if they couldn't get Ashcroft to sign off.

We've already heard Comey's, FBI Director Robert Mueller's, and Gonzales' version of events. Goldsmith's telling comfirms Comey's and Mueller's version and adds a priceless detail:

As he recalled it to me, Goldsmith received a call in the evening from his deputy, Philbin, telling him to go to the George Washington University Hospital immediately, since Gonzales and Card were on the way there. Goldsmith raced to the hospital, double-parked outside and walked into a dark room. Ashcroft lay with a bright light shining on him and tubes and wires coming out of his body.

Suddenly, Gonzales and Card came in the room and announced that they were there in connection with the classified program. “Ashcroft, who looked like he was near death, sort of puffed up his chest,” Goldsmith recalls. “All of a sudden, energy and color came into his face, and he said that he didn’t appreciate them coming to visit him under those circumstances, that he had concerns about the matter they were asking about and that, in any event, he wasn’t the attorney general at the moment; Jim Comey was. He actually gave a two-minute speech, and I was sure at the end of it he was going to die. It was the most amazing scene I’ve ever witnessed.”

After a bit of silence, Goldsmith told me, Gonzales thanked Ashcroft, and he and Card walked out of the room. “At that moment,” Goldsmith recalled, “Mrs. Ashcroft, who obviously couldn’t believe what she saw happening to her sick husband, looked at Gonzales and Card as they walked out of the room and stuck her tongue out at them. She had no idea what we were discussing, but this sweet-looking woman sticking out her tongue was the ultimate expression of disapproval. It captured the feeling in the room perfectly.”

More from Goldsmith soon.

The Daily Muck

Internal reports from the Defense Department show that the most successful cyber attack on the American military was perpetrated in June... by the People's Liberation Army. Where is Matthew Broderick when you need him? (Financial Times)

Neil Volz's prosecutors recommended house arrest for the former chief of staff for Bob Ney, who has been so busy talking to federal investigators it's a wonder he has had time to eat. Given that Jack Abramoff, Michael Scanlon, Mark Zachares and a host of other aides are all still talking, it sounds as though an interesting investigation or two might be on the horizon. (The Hill)

Secrecy in government is growing nearly across the board. That's the consensus of sixty-seven organizations that push for government transparency, compiled in a recent report by OpenTheGovernment.org. (The Boston Globe)

The case of the missing White House emails continues to deepen. A recent article by Bloomberg News points out that a daily audit was taken of the email system, which undercuts the idea that the loss of nearly 5 million emails went entirely unnoticed. Meanwhile, the administration is in no hurry to tell Congress the name of the company that was hired to assist with the email archival system. Rep. Waxman (R-CA) has given a deadline of September 10th. (CREW, ABC's The Blotter)

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Today's Must Read

For the Bush administration's PR push on Iraq, this is the storm before next week's calm. Next Monday and Tuesday, General David Petraeus and Ambassador Ryan Crocker testify before Congress on the surge, where they'll make an argument for continuing the war instead of giving an independent assessment of how the war is going. That's the relatively favorable part for the White House. But before Petraeus and Crocker arrive in Washington, the administration will have to deal with two less pleasant spectacles: a Government Accountability Office report concluding that the war has met only three of 18 benchmarks for progress; and an independent commission's finding that the Iraqi police need a radical overhaul.

So how does the administration get past the two reports and seed the bed for Petraeus and Crocker's testimony? Introduce the concept of "mini-benchmarks" -- statistics that support the administration.

Today's Los Angeles Times points out that the objective of the surge -- reducing violence to provide "breathing room" for sectarian reconciliation -- has failed. Iraqi politics, as even Michael O'Hanlon concedes, is a shambles, with Sunnis boycotting an increasingly insular Maliki government and a "parliamentary coup" led by Ayad Allawi waiting in the wings. But in the middle of the LAT's piece, Crocker is quoted urging people to pay attention to the indicators that truly matter -- not the ones where the administration and the war effort fall short.

"There are . . . if you will, mini-benchmarks where things are happening," U.S. Ambassador Ryan Crocker said Aug. 21. Crocker cited Anbar province, west of Baghdad, where violence has dropped substantially since Sunni Arab leaders there began working with U.S. and Iraqi security forces.

"We've seen that phenomenon in different forms move through different parts of the country," Crocker said. "It's the steps these tribes, communities, individuals are taking. . . . You've got to keep an eye on that too."

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All Muck is Local: Blank Check to Coy's Mistress Brings Trouble

Make room Craig, Vitter and Bob. Coy Privette (R-NC) wants to join the summer of scandal!

Privette, a 74-year old retired pastor, has pleaded guilty to six counts of soliciting a prostitute. Privette is a long-time participant in North Carolina politics, spending eight years in the state house and another nine as a commissioner of Cabarrus County. He is a staunch social conservative and, until recently, President of the Christian Action League.

The trouble started for Privette back in May, when an unnamed woman cashed a blank check with his signature on it. The woman had a second check, already written out for $4,000. She explained that the checks weren’t given to her, but to a friend who had asked her to cash them. Privette was alerted of the possible forgery; he said he had indeed lost the two checks and the bank refunded his money. Case closed.

Well, not for the police. They traced the checks back to one Tiffany Summers. But on July 19th, a court indicted both Summers and Privette. Apparently, he had paid her for services at least six times over as many months. Privette immediately stepped down from his Christian advocacy group; he later pleaded guilty on August 22nd. The judge has agreed to expunge his record upon completing 48 hours of community service, saying he's only concerned with "making sure the behavior stopped."

Privette would be happy to leave the embarrassing matter at that, having very publicly learned his lesson (i.e.- if you've got world enou