John Ashcroft

Ashcroft Cites Executive Privilege, Discusses Waterboarding with House Judiciary

Kate Klonick | July 18, 2008, 12:45PM

As we've reported , former Attorney General John Ashcroft was on the Hill yesterday, testifying before the House Judiciary Committee.

Ashcroft's testimony called into question the timeline of the CIA interrogations and suggested that perhaps torture began before it was authorized by the DOJ. But it also shed some light on the DOJ's thought process about the authorization of the interrogations to begin with.

It was during Ashcroft's years as attorney general that the infamous "torture" memos were written. The memos approved the use of waterboarding and other forms of interrogation as long as they did not "cause pain similar in intensity to that caused by death or organ failure."

While Ashcroft approved the memos initially, he later withdrew them out of concern that they overstepped the bounds of executive authority, a decision that he described this way:

It wasn't a hard decision for me to - when they came to me, and I came to the conclusion that these were genuine concerns - get about the business of correcting it.

Just one week ago the committee was host to the current Attorney General Michael Mukasey.

And just like Mukasey, Ashcroft was ever the artful dodger, citing a lack of memory, executive privilege or the classified nature of the information as reasons why he could not answer lawmakers' questions.

When asked asked repeatedly about waterboarding, Ashcroft described it as "very valuable," "not torture," and claimed that it "has happened three times."

"I have been aware of waterboarding," he stated in answer to questions on how he learned that the interrogation technique was being used. "I'm not sure how I am aware."

The former attorney general conceded his lack of recall as to the events in question during his opening remarks.

"It's been difficult . . . to distinguish between what I in fact recall as a matter of my own experience, and what I remember from the accounts of others," he said.

And indeed throughout the hearing, Ashcroft informed the committee that he couldn't remember. . . and that even if he could remember, he wouldn't tell them because of executive privilege.

One particularly rapid-fire stonewalling occurred during Rep. Linda Sanchez's (D-CA) five minutes of interrogation. It really can't be summed into words, so we have the clip here. Enjoy.

John Ashcroft

Ashcroft Testimony Brings CIA Interrogation Timeline Into Question

Kate Klonick | July 18, 2008, 10:47AM

Did the CIA start using torture before the DOJ authorized it in the infamous torture memos?

That's what it sounded like according to former Attorney General John Ashcroft, who was on the Hill yesterday testifying on interrogation techniques before the House Judiciary Committee.

It was during Ashcroft's years as attorney general that the infamous "torture" memos were written. The memos approved the use of waterboarding and other forms of interrogation as long as they did not "cause pain similar in intensity to that caused by death or organ failure." The first memo-- often called the Bybee memo -- was dated August 1, 2002 and was written by former Deputy Assistant Attorney General John Yoo, who also testified before the Judiciary Committee in an earlier hearing in the series on torture.

But at least four months prior to the publication of that memo, the CIA captured al-Qaida operative Abu Zubaydah on March 28, 2002. Zubaydah's detention and interrogation has garnered much publicity, as it was thought to be especially brutal and involved waterboarding.

The CIA has long denied employing harsh interrogation techniques before it received authorization via the legal memos provided by the DOJ, but Ashcroft's testimony yesterday called that timeline into question, and raised the possibility that "the CIA started torturing at least one detainee before any of the memos were even written."

From Salon's War Room:

But during questioning, Rep. Jerrold Nadler, D-N.Y., pointed out that the abuse of Zubaydah had reportedly begun weeks, if not months, earlier. "Did you offer legal approval of interrogation methods used at that time ... prior to August 2002?"

"I have no recollection of doing that at all," Ashcroft responded. He added that he did not remember anyone else at the Justice Department doing so either. He said later in the hearing that Zubaydah's interrogation "was done without the opinion that was issued on the first of August."

Video of the exchange below:

Charles Rangel

Rangel: Probe Me Now!

Kate Klonick | July 17, 2008, 1:50PM

U.S. Rep. Charlie Rangel (D-NY) held a press conference today and blasted the Washington Post for their recent "foundless" article which alleged that Rangel had used official stationary to solicit funds for an academic center bearing his name from individuals with business before his committee.

Rangel denies that the recipients had business before his committee and challenged the Post "to show one line in any of the letters" that he sent "where there's a solicitation for funds."

He also demanded, and welcomed, a probe by the House ethics committee into the Post's allegations:

So to that extent. . . another potential headline is, "Rangel Insists That the Ethics Committee Investigate the Unfounded Charges," because, first of all, nobody that can read is going to bring any charges against me, including The Washington Post, which, of course, I encourage them to do it, because then they have to follow their own foundless story, and at least that gets some coverage on this in The Washington Post.

Rangel's demand for an investigation by the ethics committee follows a similar request from the Citizens for Responsibility and Ethics in Washington yesterday. According to Melanie Sloane, executive director for CREW, Rangel might have something to worry about.

"It's not a close call," she said to the Post. "He's clearly violated the rule against using the letterhead.

House Judiciary

Ashcroft: Sometimes I Confuse What People Tell Me With Reality

Kate Klonick | July 17, 2008, 11:32AM

If this doesn't set the tone for former Attorney General John Ashcroft's testimony before the House Judiciary Committee on interrogation methods at Guantanamo, I don't know what does.

In his opening statement, Ashcroft admitted that he had "limited recollection" of the events pertinent to the committee's inquiry. Specifically, "it's been difficult . . . to distinguish between what I in fact recall as a matter of my own experience, and what I remember from the accounts of others."

Before these hearings commenced, I had but a limited recollection of many of the events pertinent to your inquiry. In attempting to prepare for this hearing, I have reviewed testimony from prior hearings, I've read portions of publications recounting some of the timely events, and I must admit, it's been difficult for me sometimes to distinguish between what I in fact recall as a matter of my own experience, and what I remember from the accounts of others. As a result, what I hope, what I say will be of value to the committee. Reliance on my statements and observations aught to be tempered by these awarenesses.

For smart guys, there sure seems to be an awful lot of lack of recall in the Bush administration.

Jack Abramoff

Big McCain Fundraiser Has Abramoff Connection

Kate Klonick | July 17, 2008, 10:00AM

After perusing the Fundraising Disclosure filed by John McCain's camp yesterday, one particular name jumped out: Juan Carlos Benitez, a lobbyist, lawyer, and Jack Abramoff recommendation to a top post at the Justice Department.

Benitez was appointed as Special Counsel for Immigration-Related Unfair Employment Practices in 2001, where he strongly supported former Attorney General Alberto Gonzales-- even after the firings of the eight U.S. Attorneys had been made public.

According the the disclosure, Benitez has raised raised between $50,000 and $100,000 for Sen. McCain's bid for the presidency.

Alice Martin

New OPR Investigation of Siegelman Prosecutor

Kate Klonick | July 16, 2008, 6:11PM

We already know that the the Justice Department's Office of Professional Responsibility is investigating the alleged politically motivated prosecution in the case of former Alabama Gov. Don Siegelman (D). Today, TPMmuckraker independently verified that the OPR is looking into another complaint-- this one for prosecutorial misconduct-- involving the Northern District of Alabama's U.S. Attorney's office, specifically U.S. Attorney Alice Martin.

The new OPR investigation stems from a case involving Axion Corp., which was acquitted in October 2007 of violating the Arms Export Control Act. In an interview with TPMmuckraker this morning, Henry Frohsin, an attorney for Axion Corp., confirmed that they had sent a letter of complaint against Martin to the OPR on May 9. News of the investigation was first reported by Scott Horton, at the American Lawyer, citing anonymous sources.

"We consider this a serious case of prosecutorial misconduct that impacted the rights of the defendant," Frohsin, of the Birmingham office of Baker, Donelson, Bearman, Caldwell and Berkowitz, told us, "and we intend to rigorously pursue this matter with authorities at the Department of Justice."

Frohsin also stated that a DOJ attorney had been assigned to look into their complaint.

Martin has been with the Northern District of Alabama U.S. Attorney's office since September, 2001 and originally prosecuted a bid-rigging case against Siegelman, which was thrown out due to lack of evidence. U.S. Attorney Leura Canary started the successful, but disputed, prosecution of Siegelman for federal corruption -- but mysteriously recused herself from the case before it culminated. Both Martin and Leura Canary have been named in the affidavit of Republican lawyer, Jill Simpson, who claimed to have overheard a conversation assuring Siegleman's downfall, that occurred between William Canary, a wealthy Republican donor and Leura's husband, and the son of Siegelman's opponent in the governor race.*

Martin's case against Axion Corp., began in 2007 when the company was charged with violating the Arms Export Control Act by exchanging drawings for a Blackhawk helicopter part to a Chinese manufacturer.

According to an article on the case in the Birmingham News, one of the prosecution's own witnesses stated that the drawings Axion sent to the Chinese were not marked "with customary warnings barring it from being sent to trading partners subject to arms control laws." And according to the defense, the Black Hawk drawings were also available over the Internet-- excluding them from arms-control provisions:

"Hang on, I have not heard about that before," trial judge Johnson said as Alex Latifi lawyer James Barger cross-examined a government witness on the trial's fifth day. "These drawings are on the Internet?"

Despite their crumbling case, the prosecution refused to withdraw. Judge Inge Johnson of the Federal District Court of Birmingham threw out the case, writing that the "evidence was insufficient to sustain a conviction."

The defense later filed a claim for compensation from the government-- called a Hyde motion. The defense argued that the Justice Department engaged in wrongful prosecution, and they were entitled to whatever money they spent fighting the prosecution.

And Judge Johnson agreed, ordering the Justice Department to pay the legal expenses incurred by Axion in defending itself from federal prosecution in April 2008.

From the Birmingham News:

Latifi, an engineer trained at the University of Alabama in Huntsville, will be able to collect about $500,000 in expenses, said his Birmingham attorney, Henry Frohsin. Latifi contends that he was selected for prosecution under arms-export laws because of his ethnic background.

And apparently the DOJ immediately started covering its tracks:

Johnson's ruling also said the government has withdrawn its request for a certification from the court endorsing the asset seizure as having had a reasonable cause. That eliminates any chances for Axion's lawyers to demand a hearing to examine the Justice Department's memos, legal papers and investigative methods, said Frohsin, a lawyer with the Birmingham office of Baker, Donelson, Bearman, Caldwell & Berkowitz.

[Late Update]: This post has been changed from its original form to reflect the accurate roles of Alice Martin and Leura Canary in the prosecution of Don Siegelman.

George Bush

President Bush Asserts Exec. Privilege in Plame Leak Investigation

Kate Klonick | July 16, 2008, 12:06PM

We've seen a lot of assertions of executive privilege in the last few months-- from Karl Rove to Stephen Johnson -- but now Attorney General Michael Mukasey has claimed executive privilege on behalf of President Bush.

Mukasey's letter to House Oversight Committee Chairman Henry Waxman (D-CA) last night, pre-empted a vote this morning on contempt of Congress stemming from the White House's refusal to release FBI documents relating to the Valerie Plame leak scandal. The documents were subpoenaed by Committee on June 16.

From the Mukasey's letter to Bush:

I am greatly concerned about the chilling effect that compliance with the Committee's subpoena would have on future White House deliberations and White House cooperation with future Justice Department investigations.

Hmmm. Where have we heard that before?

Charles Rangel

Rangel Uses Official Letterhead to Solicit Donations for "Monument to Me"

Kate Klonick | July 16, 2008, 11:58AM

U.S. Rep. Charles Rangel (D-NY) hasn't been having the best week. The House Ways and Means Committee Chairman relinquished his rent-controlled campaign office yesterday, after intense scrutiny in the wake of a New York Times article that exposed his holding of four rent-controlled apartments. And today, the congressman is facing the possibility of a House ethics probe after a Washington Post piece published yesterday, revealed he's been soliciting donations from corporations with business interests in front of his committee for an academic center that bears his name.

Known to Republican critics as the "Monument to Me," the Charles B. Rangel Center for Public Service at the City College of New York, caused controversy when Rangel gave it a $1.9 million earmark last year to start it.

Now, in an effort to raise more cash for the center, Rangel has been writing fundraising letters on his official House stationary to business leaders like Donald Trump and Hank Greenberg, former head of AIG, an current CEO of C.V. Starr & Co. If accurate, Rangel's fundraising letters violate a House rule that specifically bans the endorsement implied by the use of congressional stationary.

Rangel has raised $12 million for the project according to college officials interviewed by the Post. And not all of that has come from private donors:

The congressman has corralled more federal money as well, securing two Department of Housing and Urban Development grants totaling $690,500 to help renovate the college-owned Harlem brownstone that will house the center, according to HUD and school officials.

In response to Rangel's private fundraising, the Citizens for Responsibility and Ethics in Washington and the House minority leader have separately requested a probe from the House ethics committee. According to Melanie Sloane, executive director for CREW, Rangel's actions are obviously unethical:

"It's not a close call," she said. "He's clearly violated the rule against using the letterhead."

Douglas Feith

Feith Denies, Denies, Denies

Kate Klonick | July 15, 2008, 4:06PM

Doug Feith was on the Hill today to testify about the interrogation techniques in Guantanamo. Joining him before the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties was his nemesis, Philippe Sands, who goes back a ways with Feith.

As Spencer Ackerman blogs at the Washington Independent, Feith started off the hearing denying the statements made in Sand's book, and then got right down to alleging that the Guantanamo interrogators were rogue agents:

After going back and forth with Feith--in which Feith conceded there were indeed abuses in Defense Dept. detention and interrogation operations-- Rep. Bobby Scott (D.-Va) asked why the abusers might think they could torture detainees. "I don't believe they necessarily did think they did" had authority to torture, Feith said. "Some people do bad things."

[Late Update]: According to Ackerman, Feith also spent a fair amount of time, detailing the "great care" given to the interpretation of the 2002 memo written by Jim Haynes:

"I imagine one could apply these things in an inhumane fashion," Feith replied. "'Removal of clothing' is different from 'naked.' ... It could be done in a humane way. . . They could be used in a way that could violate the [Geneva] Convention," he explained, "they could be used in a way consistent with the Convention."

Curt Weldon

Subpoenaed Lobbyist Tosses Blackberry and Court Docs in Weldon Corruption Probe

Kate Klonick | July 15, 2008, 2:26PM

Cecelia Grimes, the lobbyist and "very good friend" of former Rep. Curt Weldon, has been charged with destroying evidence relating to the federal investigation of the former Pennsylvania congressman.

According to the court documents filed today, Grimes "placed her Blackberry device in a trash can near an Arby's restaurant in Southeastern Pennsylvania. . . for the purpose of keeping the FBI from reviewing certain of her emails."

But apparently Grimes creative disposal of evidence only extended to fast-food restaurants.

She also tossed the grand-jury subpoenas, Amtrak receipts, American airline boarding passes, and fourteen RSVP cards for a dinner honoring Weldon, which call for responses to be sent to Grimes. The FBI "surreptitiously retrieved" the garbage bags containing the documents from the trash cans next to Grimes' house.

[Late Update]: In October, 2006, it was revealed that Weldon was under federal investigation for his alleged nepotism activities, notably his lucrative arrangements for his daughter. He lost re-election that November, and has since been working as a Chief Strategic Officer for Defense Solutions-- an organization that has also come under media scrutiny for its shady arms deals.

Cecelia Grimes has been tied to Curt Weldon's investigation before. Back in 2004, Ken Silverstein reported that Curt's family had an uncanny ability to get hired by large defense companies.

In January 2006, Silverstein reported that Weldon's ties also seemed to extend to more than just family-- also helping, his close friend Cecelia Grimes. Grimes was realtor turned lobbyist at Grimes and Young, a small lobbyist firm comprised of only herself and Cynthia Young. Curiously, Young is the daughter-in-law of Rep. Bill Young (R-FL).

According to Silverstein's piece, Grimes was retained by Oto Melara, a subsidary of an Italian defense firm with a $20,000 annual retainer. Weldon had previously championed the causes of Finmeccanica, Oto Merelara's parent company, in legislation before the House Armed Services Committee, on which he used to be vice-chair.

Brent Wilkes

Brent Wilkes' "Secret Benefactor" Wants to Assure Anonymity Before Paying Bail

Kate Klonick | July 15, 2008, 11:05AM

Have no fear, Brent Wilkes! Your secret benefactor is here!

Wilkes, the defense contractor convicted of bribing Duke Cunningham, has been sitting in federal custody unable to meet his $1.4 million bail pending appeal of his case. But now, an anonymous donor has emerged, agreeing to provide "Wilkes's shortfall" in making bail-- but only on the condition that his identity is kept a secret.

From the North County Times:

"Mr. Wilkes' third party surety seeks to keep his identifying information, including his full name, confidential," Wilkes' attorney, Robert Rexrode, wrote in a motion filed Friday. "Revealing this would both be damaging to his livelihood and would reveal his net worth. ..."

Under the deal proposed by Wilkes through his attorney, even though the man's name would be kept from the public, federal prosecutors could be privy to it.

As we previously reported, Wilkes is now broke-- a long fall from the multi-million defense contracts he once held. He and his family have tried to put their homes up for collateral, but falling housing prices have made them worth less than the $1.4 million needed for bail.

Douglas Feith

Feith and Sands Set to Testify Today

Kate Klonick | July 15, 2008, 10:08AM

Doug Feith is set to testify before the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties today at 10 AM ET, to discuss interrogation techniques used on detainees. Feith has a history of not showing up for this Committee, so we'll see how it goes this time around.

Phillipe Sands, author of "Torture Team," reported in a recent Vanity Fair article that Feith boasted to him that he was a "real player" in the Guantanamo interrogation policy. Feith later defended himself, saying he'd been misquoted-- but Sands countered with the tapes from the interview. Sands will also be before the committee to testify.

We'll be covering the hearing as it happens, so stay tuned for updates.

Karl Rove

"Breezy" Apology From Fournier

Kate Klonick | July 15, 2008, 9:01AM

Ron Fournier, the Washington Bureau Chief of the AP, issued a statement late last night to his media company explaining his correspondence with Karl Rove in a 2004 e-mail excerpted in the House Oversight Committee's report on the death of Pat Tillman:

"I was an AP political reporter at the time of the 2004 e-mail exchange, and was interacting with a source, a top aide to the president, in the course of following an important and compelling story. I regret the breezy nature of the correspondence."

Fournier's told Rove to "keep up the fight," in an email exchange discussing the death of Pat Tillman and the quality of American soldiers.

Karl Rove

Fournier to Rove: "Keep Up the Fight"

Kate Klonick | July 14, 2008, 5:22PM

Buried in the 50-page report on Pat Tillman and Jessica Lynch released today by the House Oversight Committee, is a priceless quote from none other than the new head of the AP's Washington Bureau, Ron Fournier.

Straight from page 21 of the report:

Karl Rove exchanged e-mails about Pat Tillman with Associated Press reporter Ron Fournier, under the subject line "H-E-R-O." In response to Mr. Fournier's e-mail, Mr. Rove asked, "How does our country continue to produce men and women like this," to which Mr. Fournier replied, "The Lord creates men and women like this all over the world. But only the great and free countries allow them to flourish. Keep up the fight."

Fournier did not immediately return calls for comment.

[Special thanks to TPM Reader DD for the tip.]

Patrick Tillman

Memory Loss Thwarts House Oversight Investigation into Tillman's Death

Kate Klonick | July 14, 2008, 3:49PM

The House Oversight Committee released its proposed report (pdf) on the investigation this afternoon, on the death of Corporal Patrick Tillman and the capture of Private Jessica Lynch.

Unfortunately the report says that the Committee was unable to resolve "the key issue of what senior officials knew" because of the "universal" memory loss suffered by Tillman's chain of command upon testifying before Congress:

Despite receiving information from all the top military leaders in Corporal Tillman chain of command -- including Secretary Rumsfeld, General Myers, and General Abizaid -- the Committee could not determine if any of the officials had communicated with President Bush or White House officials about fratricide in Corporal Tillman's case. The lack of recollection also prevented the Committee from understanding how information about Corporal Tillman was handled within the Defense Department and how the Defense Department and the White House shared information on this matter.

As we've previously reported, the White House was very interested in the initial reports of Tillman's death. In fact, the report details that White House exchanging almost 200 e-mails relating to Pat Tillman on April 23, 2004, during the first reports of Tillman's death. But once the death was suspected to be caused by friendly fire, there was no further discussion of Tillman at the White House, according to the report.

So what did all of the silence convey to Oversight?

If the testimony the Committee received is accurate and if the documents submitted are complete, then the intense interest that initially characterized the White House's and Defense Department's reaction to Corporal Tillman's death was followed by a stunning lack of curiosity about emerging reports of fratricide and an incomprehensible carelessness and incompetence in handling this sensitive information.

Alaska

Ben and Ted's Excellent Investigations

Kate Klonick | July 14, 2008, 12:41PM

There are only two elected officials left standing in the musical chairs among those publicly tied to the state's massive political corruption scandal: current U.S. Sen. Ted Stevens (R) and his son, former State Sen. Ben Stevens (R).

The indictment of Alaska State Sen. John Cowdery (R) last Thursday, means all of the state legislators whose offices were raided in August of 2006 (except Stevens) -- Cowdery, Vic Kohring (R), Bruce Weyhrauch (R), Pete Kott (R) and Don Olson (D) -- are now either cooperating with federal investigations, convicted or indicted. The FBI warrant allowing the search named former VECO executives Bill Allen and Rick Smith.

Allen and Smith were indicted and pleaded guilty. Their testimony at the trials of Kott, Kohring and Weyhrauch helped convict the three indicted state representatives. While Kott and Weyhrauch's convictions are pending appeal, Kohring recently began his 3.5 year prison sentence. Cowdery's recent indictment on two counts of bribery and conspiracy named an anonymous "Senator A" who was later revealed by Cowdery's lawyer as Olson. Olson followed with a statement that he has been cooperating with the U.S. attorney's office for over a year, and is unlikely to be indicted.

That leaves just the Stevens boys without a fall out. Both are under federal investigation for their ties to VECO, but the investigation of Uncle Ted also stretches to his suspicious pet projects.

As one juror at Kohring's trial observed after his conviction, "they didn't get the sharks. They got the minnow." Cowdery appears to be the last of the "minnows," but does that mean federal prosecutors will be going after bigger game in the near future?

And don't forget the other big fish: Seemingly more tenuous, but still present is the ongoing federal investigation into U.S. Rep. Don Young (R), for his own ties to VECO.