Jim Gibbons

Today's Must Read

Kate Klonick | June 27, 2008, 9:41AM

Yes, the caption at left is correct. That's Governor Jim Gibbons (R-NV), in a warm embrace with a former Playboy model who is most definitely not his wife.

Last we heard in the Gibbons v. Gibbons fiasco, the governor and the First Lady had called a truce in their acrimonious divorce proceedings.

But since that joint statement, Gibbons has been implicated in other acts of philandering: hundreds of text messages to a female "friend" and affectionate outings with younger women-- the most recent of which was caught on film.

The Nevada Appeal this morning, published a series of pictures of Gibbons and a female companion at a rodeo in Reno.

Gibbons responded in a brief statement to the Appeal:

What it shows, according to the governor, is him comforting a stressed out friend. "She was upset, crying," he said during a quick hallway interview with our reporter, who'd been trying to get a comment from the governor or his staff for two days. "She couldn't get her breath. I put my arms around her."

So who is the mystery parking lot woman seeking solace on Gibbons' shoulder?

According to the Appeal:

[W]e did a little checking on our own and now know his companion to be the ex-Playboy-model, ex-wife of an ex-Reno mayor. She is not the woman with whom he has widely been accused of having an affair of late and with whom he exchanged hundreds of text messages at all hours. But he has been seen around Reno with this woman, too. In fact, there are cell phone pictures of the two together at a Reno restaurant posted on area blogs.

Just for some context, the Appeal's photo spread comes in the midst of a huge budget crisis in Nevada.

House Oversight

Rep. Cooper by Day; Hacker by Night?

Kate Klonick | June 26, 2008, 6:00PM

A strange thing happened at a House Oversight hearing today, with a witness accusing a congressman of hacking a secure website, and claiming he was currently being investigated by the FBI.

The Committee hearing examined questionable practices at Pedernales Electric Cooperative. During the interrogation Rep. Jim Cooper (D-TN) cited documents that he said came from "secret, password-protected website" of the National Rural Electric Cooperative Association, in testimony today in front of the Committee

In response, NRECA President Glenn English, a former Congressmen from Oklahoma, claimed that the NRECA counsel had told him that Cooper was in the process of being investigated by the FBI for taking unauthorized information from their website.

As Roll Call reports, the allegation upset the hearing and unleashed a flurry of denials:

Cooper responded that someone had given him authorization and provided him with a password to download the documents, but English said that only he or a limited number of other officials from the organization could authorize access. Chairman Henry Waxman (D-Calif.) immediately gaveled the hearing to a close.

An FBI spokesman said the bureau "doesn't comment on accusations made by others concerning its investigative activity."

Cooper spokesman John Spragens said, "This is a bogus attempt to intimidate Congress from trying to investigate an industry. The idea that a Congressman would be under investigation for conducting an investigation is laughable. That's why we have the Constitution."

Spragens added, "We have no reason to think that Congressman Cooper is under investigation."

David Addington

Quote of the Day: Vice President Is a "Barnacle" on the Legislative Branch

Kate Klonick | June 26, 2008, 2:35PM

Between David Addington failing to submit testimony, and John Yoo forgetting his words, not a whole lot was cleared up by the House Judiciary Committee's hearing on interrogation techniques at Guantanamo Bay.

But on the bright side Rep. Steve Cohen (D-TN), did manage to clarify a very important question. Just what branch of government is the Vice President in?

Cohen: Mr. Addington, what branch are we in?

Addington: Ah, sir, perhaps the best that can be said is that the Vice President belongs neither to the executive nor to the legislative branch, but is attached by the Constitution to the latter. That's from two legal opinions issued by the office of legal counsel to the Department of Justice dated March 9th, 1961, and April, I believe, it's 18th, 1961 by, I believe, Mr. Katzenbach if I remember. . .

Cohen: So he's a member of the legislative branch?

(cross talk)

Addington: No. I said attached by the Constitution to the latter. He is not a member of the legislative branch because the Constitution says that the Congress consists of a Senate and a House of Representatives. The Constitution further says that the Senate consists of Senators and the House of Representatives consists of Representatives and he is neither a Senator nor a Representative.

Cohen: But he is attached to the legislative branch?

Addington: That's the quote I read you.

Cohen: So he's kind of a barnacle.

(voice off camera): Kind of a what?!

Addington: He is attached. . . the word was attached by the Constitution to the latter. I don't consider the Constitution as a barnacle, Mr. Cohen.

Cohen: No, the Vice President. Since he's really not fish or fowl, he's just attached to something.

But don't take our word for it:

David Addington

Law Professor Confused by SAT Word

Kate Klonick | June 26, 2008, 1:01PM

Rep. Keith Ellison (D-MN) tried to pin John Yoo down on what exactly happened after he wrote his most infamous torture memo for the Bush administration, but like David Addington before him, Yoo seemed to have a small problem remembering his words:

Ellison: The name on the memo was Bybee, but you contributed to the memo right?

Yoo: Yes, sir.

Ellison: The memo was implemented at some point. Is that right?

Yoo: What do you mean by implemented sir?

Yoo later cited attorney client privilege in declining to answer questions about what happened after he wrote the memo.

Rep. Artur Davis (D-AL) interrupted Ellison's line of questioning to summarize the subcommittee interrogators' frustrations:

I have been on the committee for a year and a half, I've never seen two witnesses, frankly, struggle as much to appreciate ordinary use of terms and questions. Would you consider instructing the two witnesses to answer the questions that they're asked and if they wish to elaborate or clarify they can ask to do so, but given that we have time constraints I would ask that the chair admonish the witnesses to err on the side of being responsive as opposed to constantly quibbling over word choice because I've never seen it to the degree I've seen it today.

The seven and a half minutes of excruciating video are here:

David Addington

Addington: Unitary Government? Wha's That?

Kate Klonick | June 26, 2008, 12:08PM

After grilling John Yoo on the possibility of burying suspects alive, the great, grumpy committee Chairman John Conyers (D-MI) turned his attention to David Addington to question him on the Unitary Theory of the Executive, something Addington should know something about, oh, considering that was his primary justification for torturing terrorism suspects:

Conyers: Do you feel that the Unitary Theory of the Executive allows the President to do things over and above the stated law of the land?

Addington: The Constitution binds all of us, Congressman, the President, all the U.S. members of Congress, all of the federal judges. We all take an oath to support and defend it. I frankly don't know what you mean by the Unitary Theory of Government. I dont -

Conyers: Have you ever heard of that theory before?

Addington: Oh I have, I've seen it in the newspapers all the time-

Conyers: Do you support it?

Addington: I don't know what it is.

Conyers: You don't know what it is.

Addington: No, and it's always described as something Addington's the great, you know-

Conyers: I see.

We know. It's great, but it's even better in color: