TPMMuckraker
Kate Klonick

Conyers and WH Counsel to Meet as "Early As Next Week"

Kate Klonick | August 8, 2008, 6:48PM

Things are moving right along in the wake of the HJC v. Miers decision last week.

White House Counsel Fred Fielding has already responded to Rep. John Conyer's (D-MI) letter requesting "quick compliance" with the ruling and an answer to the subpoena issued to White House Chief of Staff Joshua Bolten for documents relating to the politicization of the Department of Justice.

Fielding (predictably) demurred, citing the recent motion for appeal, but he did comply to Conyer's other request: a meeting between the two parties to try to "work cooperatively to resolve these issues." From Fielding's letter to Chairman Conyers:

However, the fact that the Executive has noticed an appeal in this matter does not signify that we think further litigation is the exclusive path forward. . . this Administration has responded to more than 650 Congressional inquiries and investigations, and through negotiation and accommodation with Congressional committees has been able to resolve all but a very few of them. . . Toward that end, and hopefully as a prelude to meaningful discussions between us, I propose that members of our respective staffs meet as early as next week to re-commence discussing possibilities for reaching an accommodation between the Branches in this matter.

PERMALINK | COMMENTS (13) | RECOMMEND RECOMMEND (2)
Harriet Miers, House Judiciary, John Conyers, Josh Bolten

Kwame Kilpatrick

Jailed Detroit Mayor Faces New Assault Charges

Kate Klonick | August 8, 2008, 1:13PM

Detroit Mayor Kwame Kilpatrick was supposed to be released from jail today, but instead he faces a new set of felony charges relating to his allegedly shoving a sheriff's deputy into his partner last month. The two deputies were reportedly trying to deliver a subpoena to a friend of the mayor when the incident occurred.

Attorney General Mike Cox -- the first Republican AG in 48 years -- charged the Motown mayor with two counts of felonious assault for "assaulting ... police officers in the furtherance of their duties."

The new charges are separate from those relating to the "Text Message Scandal," which resulted in indictments for obstruction of justice and perjury.

From the Detroit Free Press:

Kilpatrick attorney James Thomas said they were going to fight the new charges as they fought in court today with "law and common sense." He said of the new charges, "it's just an allegation, let's take it step by step." At the suggestion the latest case was on the fast, track, he laughed and said, "Mike Cox could dismiss it in one day."

Kilpatrick comes from a strong political family in Detroit. His mother is U.S. Rep. Carolyn Cheeks Kilpatrick (D), who is currently running for re-election.

Late update: The DFP reports that Kilpatrick was released from jail and arraigned on his new charges this morning. The mayor was fitted with a tether, and forced to pay $50,000 bond in order to secure his release on the two new felony charges.

Kilpatrick has also been forbidden to travel, which includes his planned appearance at the Democratic National Convention later this month.

PERMALINK | COMMENTS (7) | RECOMMEND RECOMMEND (2)
Kwame Kilpatrick

Kyle Sampson

Waas: DOJ Probe Has Expanded to the White House

Kate Klonick | August 7, 2008, 5:21PM

Murray Waas confirmed today something we've suspected for a long time: that the Justice Department has widened the net in the Inspector General's U.S. attorneys firing probe to include allegations that senior White House officials made false statements to Congress.

From the Huffington Post:

The Justice Department investigation into the firings of nine U.S. attorneys has been extended to encompass allegations that senior White House officials played a role in providing false and misleading information to Congress, according to numerous sources involved in the inquiry.
. . . Federal investigators have obtained documents showing that Kyle Sampson, then-chief of staff to Attorney General Alberto Gonzales, and Chris Oprison, then an associate White House counsel, drafted and approved the letter even though they had first-hand knowledge that the assertions were not true.

The letter referenced was sent from the Justice Department to Congress on February 23, 2007 and denied Karl Rove's involvement in the replacement of fired U.S. Attorney Bud Cummins by Rove protege Tim Griffin.

Just a month later, however, the DOJ was forced to admit that the February letter had been "contradicted by Department documents."

Most notable in those "Department documents," was an email between Sampson and Oprison on December 19, 2006 in which Sampson wrote that getting Griffin appointed was "important to Harriet, Karl, etc." The email from Sampson, who was chief of staff to Alberto Gonzales at the time, directly contradicted the DOJ's earlier denial.

Sampson bumbled his way through an explanation of this discrepancy during his testimony to the Senate Judiciary Committee in March of 2007.

We pulled the video from our archives. Take a look:

PERMALINK | COMMENTS (11) | RECOMMEND RECOMMEND (14)
Justice Department, Karl Rove, Kyle Sampson

Harriet Miers

WH Seeks to Delay Answering Congressional Subpoenas

Kate Klonick | August 7, 2008, 2:38PM

Nothing can ever be easy with these two.

The Justice Department, on behalf of Harriet Miers and Joshua Bolten, filed its request for appeal today in the July 31 ruling in House Judiciary Committee v. Miers et al.

While the appeal is resolved, however, the DOJ also requested that the judge grant a stay on the subpoenas, allowing Miers and Bolten to continue to evade the House Judiciary Committee.

From the AP:

Without a quick stay of the ruling, Miers and Bolten may be forced to testify before an appeal can be heard, the two said in a court filing. Democrats have announced they would schedule hearings in September, at the height of election season.
"Whatever the proper resolution of the extraordinarily important questions presented, the public interest clearly favors further consideration of issues before defendants are required to take actions that may forever alter the constitutional balance of separation of powers," the Bolten and Miers request said.

A stay would also benefit Republicans, since the subpoenas expire at the end of the year, not long before Bush leaves office.

Late Update: Also today, White House Counsel Fred Fielding sent a letter to Sen. Patrick Leahy (D-VT), chairman of the Senate Judiciary Committee, saying that despite the court order last week, the White House will wait for the outcome of its appeal before responding to further subpoena request.

PERMALINK | COMMENTS (13) | RECOMMEND RECOMMEND (6)
Harriet Miers, John Conyers, Josh Bolten, Justice Department

Kwame Kilpatrick

Detroit Mayor Ordered to Jail

Kate Klonick | August 7, 2008, 11:39AM

Detroit Mayor Kwame Kilpatrick was ordered to jail today, for violating the terms of his bond.

From ABCNews in Detroit:

The mayor violated his bond when he went to Canada July 23 without informing the court, a condition of his bond. The judge also pointed out that the mayor had to make many calls and arrangements for his trip to Canada and could have easily called the court to alert it of the trip.
The 36th District Court judge stressed that he was treating Detroit's mayor in the same way he would "John Sixpack."

The order is the latest in what has been dubbed the "Text Message Scandal". In January of this year, the Detroit Free Press obtained a series of text messages between Kilpatrick and his Chief of Staff Christine Beatty. The messages contradicted both Kilpatrick and Beatty's testimony under oath that they had not engaged in a sexual relationship.

In March, Kilpatrick was charged with conspiracy to commit obstruction of justice, obstruction of justice, two counts of misconduct in office and four counts of perjury.

Late update: It appears that Kilpatrick will be spending the night in jail.

An excellent interactive timeline of the events can be found at the Detroit Free Press.

Late Late update: From the AP: The mayor is on his way to jail, where he will be outfitted in a green jumpsuit and kept in a restricted area.

PERMALINK | COMMENTS (12) | RECOMMEND RECOMMEND (2)
Kwame Kilpatrick

Alaska

Stevens Calls Charges Against Him "Not Some Extreme Felony"

Kate Klonick | August 6, 2008, 5:44PM

Sen. Ted Stevens (R-AK) is making good on his promise "to travel to any place in the state. . . to listen to Alaskans." On Saturday, Stevens visited the small town of Ketchikan, for their annual blueberry festival and gave an interesting quote to the Ketchikan Daily News (sub. req.):

"This is an indictment for failure to disclose gifts that are controversial in terms of whether they were or were not gifts. It's not bribery; it's not some corruption; it's not some extreme felony."

Interesting defense, senator. We wonder how that will go over with the judge.

PERMALINK | COMMENTS (13) | RECOMMEND RECOMMEND (5)
Alaska, Ted Stevens

Civil Rights Division

Spakovsky Subpoenaed in Civil Rights Department Probe

Kate Klonick | August 6, 2008, 3:28PM

Lifting the veil on one of the two remaining Justice Department OIG reports, Murray Waas for the Huffington Post reports that Hans von Spakovsky, among other former Justice Department lawyers, has been subpoenaed by the OIG to testify about politicization of the Civil Rights Division.

Investigators for the Inspector General have also asked whether [Brad] Schlozman, while an interim U.S. attorney in Missouri, brought certain actions and even a voting fraud indictment for political ends, according to witnesses questioned by the investigators. But it is unclear whether the grand jury is going to hear testimony on that issue as well.
One person who has been subpoenaed before the grand jury, sources said, was Hans von Spakovsky, who as a former counsel to the Assistant Attorney General for Civil Rights was a top aide to Schlozman.

As Waas points out in the article, the DOJ forcing former members of its own ranks to testify is an "extraordinary step."

Both Schlozman and Spakovsky are being investigated for violating civil service laws in making hiring decisions based on political affiliation.

Jason Torchinsky is also reported to have been subpoenaed, though sources tell Waas that Torchinsky is not under investigation and has been only asked for witness testimony.

Two previous reports by the OIG have both found that hirings were politicized at various points at the Justice Department. The first report showed the politicization of the Attorney General's Honors Program, while the second, released last week, focused on the politicized hiring surrounding Monica Goodling and others at the DOJ.

PERMALINK | COMMENTS (14) | RECOMMEND RECOMMEND (13)
Bradley Schlozman, Civil Rights Division, DOJ Office Of The Inspector General, Hans von Spakovsky, Justice Department

Michael Mukasey

Mukasey Names New Chief of Staff

Kate Klonick | August 6, 2008, 1:26PM

Attorney General Michael Mukasey has appointed Brian Benczkowski to serve as his chief of staff, replacing Brett Gerry the Justice Department announced today:

Benczkowski, 38, currently serves as chief of staff to Deputy Attorney General Mark Filip.
[He] will succeed Brett Gerry, who will be leaving the Department after more than four years in the Executive Branch, and who has served as the Attorney General's chief of staff since his confirmation.

. . . "I am happy that Brian Benczkowski has agreed to serve as my chief of staff," Attorney General Mukasey said. "Brian has been one of my closest advisers in the Department since my confirmation process, and his exceptional judgment and extensive experience in the Department will be of great value to me and to the Department in the upcoming months."

Regular TPMmuckraker readers might remember Benczkowski as a mouthpiece for the DOJ on the ambiguity of torture and the word "exclusive" as it pertains to FISA.

PERMALINK | COMMENTS (5) | RECOMMEND RECOMMEND (3)
FISA, Justice Department, Michael Mukasey, Torture

Samuel Israel III

"Suicide is Painless" Convicted Hedge Fund Manager Pleads Guilty

Kate Klonick | August 6, 2008, 11:23AM

Samuel Israel III, the convicted hedge-fund manager who faked suicide and went on the lam to avoid going to prison, will plead guilty today in U.S. District Court.

From Reuters:

Israel, bearded and dressed in a baggy brown tee-shirt and light pants, appeared before U.S. Magistrate Judge Lisa Margaret Smith in White Plains, a suburb of New York City. He agreed to waive an indictment on a charge of failure to surrender for service of a prison sentence.
The magistrate judge told Israel: "I understand that you have decided to enter a plea of guilty." Israel told the judge he did want to plead guilty, but Smith said the formal plea would have to be entered before the district judge.

PERMALINK | COMMENTS (0) | RECOMMEND RECOMMEND (3)
Samuel Israel III

Guantanamo

BREAKING: Hamdan Convicted

Kate Klonick | August 6, 2008, 10:38AM

Reuters and CNN are reporting that Osama bin Laden's driver, Salim Hadam, has been convicted. No word yet on whether it's on all 10 counts of conspiracy and abetting terrorism.

Late update: From Reuters:

A jury of U.S. military officers convicted Osama bin Laden's driver on charges of providing material support for terrorism on Wednesday but acquitted him on charges of providing material support for al Qaeda in the first U.S. war crimes trial since World War Two.
The case of Yemeni driver Salim Hamdan, who faces life in prison, is the first full test of the controversial Guantanamo tribunal authorized by the Bush administration to try non-U.S. captives on terrorism charges outside the regular civilian and military courts.

Sentencing is scheduled for this afternoon.

Late late update: We know that the convicted on "providing material support for terrorism" and acquitted on "providing material support for al Qaeda" seems confusing and maybe a bit contradictory. The AP puts it another way that might clear things up:

The Pentagon-selected jury deliberated for about eight hours over three days before convicting Salim Hamdan of supporting terrorism. He was cleared of the conspiracy charge.

PERMALINK | COMMENTS (17) | RECOMMEND RECOMMEND (1)
Guantanamo

Alaska

Ted Stevens Holds a Rally

Kate Klonick | August 4, 2008, 5:02PM

To most, a federal indictment might not seem like a campaign rallying cause, but Sen. Ted Stevens (R-AK), arraigned last week on seven counts of false statements, might disagree.

At 9:30 AM AKDT today, Stevens held a rally at his campaign headquarters in Anchorage, Alaska. While his poll numbers have not flagged for the upcoming Alaska Republican primary, they have plummeted in general election polls. Stevens' likely Democratic opponent Mark Begich leads the incumbent Stevens (sub. req.) 56% to 35% according to a July 30-31 study.

Despite the dismal statistics, things were upbeat at the rally today, with Stevens' arriving behind a convoy of motorcyclists clad in leather, according to our sources. A local reporter, Dennis Zaki, was on hand to memorialize the event in pictures. More images (including bikers) coming shortly:

Sen. Stevens is surrounded by supporters in his first appearance in Anchorage since his indictment last week.

A sign posted along the highway in Wasilla, 50 miles outside of Anchorage.

More photos after the jump.

PERMALINK | COMMENTS (8) | RECOMMEND RECOMMEND (5)
Alaska, Ted Stevens

Alaska

President To Appear With Sen. Stevens In Alaska Despite Indictment

Kate Klonick | August 4, 2008, 2:53PM

Oh, the things you can do as a lame-duck president.

Despite Sen. Ted Stevens (R-AK) indictment last week on seven counts of false statements, President Bush is keeping their scheduled meeting in Fairbanks, Alaska today.

The two are set to meet at 4 PM AKDT (Alaska Daily Time, which is four hours behind EDT) at Eielson Air Force Base, Stevens' scheduler confirmed to TPMmuckraker.

The event with the president, who is stopping over in Alaska on his way to Beijing for the Olympics, is the second major appearance of the day for Stevens.

Earlier today the Stevens campaign held a rally in Anchorage after arriving at his campaign office behind a convoy of motorcycles. We'll have video and pictures coming shortly.

PERMALINK | COMMENTS (12) | RECOMMEND RECOMMEND (0)
Alaska, George Bush, Ted Stevens

Alaska

BP Declines to Discuss Allegations That It Helped Cover Cost of Stevens' Home Renovations

Kate Klonick | August 4, 2008, 12:04PM

BP appeared unfazed by allegations that it may have helped cover costs related to Sen. Ted Stevens' (R-AK) home renovations, and declined to say whether they were investigating the matter, or discuss it in any way with TPMmuckraker.

"We have done a significant amount of business with VECO over the years. They were one of the largest oil contractors in the state, and we don't discuss our business with our contractors," a BP press representative said this morning.

As we previously reported, the Anchorage Daily News published a Sunday expose of two former VECO employees who oversaw construction on Stevens' home. One of those employees, David Anderson, claimed that a VECO client, BP Exploration, had "possibly" borne the costs of some of the Stevens' renovations.

But curiously, Anderson himself backpeddled on his statements in a second story, published late last night, by the ADN:

Last week, Anderson said some of the labor charges were passed on to an oil company that was paying Veco to build a North Slope module at the time in its shop, probably BP, though not necessarily with the knowledge of the oil company. He affirmed that Saturday.
But on Sunday, Anderson said he was mistaken and only knew for sure that Veco covered the costs, not that they were passed through to a Veco client. That accounting took place in a Veco office outside the scope of his job, he said Sunday.

Stevens was indicted last week on seven counts of false statements, stemming from his failure to disclose the $250,000 worth of renovations made to his home by the oil company VECO. He pleaded not guilty at his arraignment, and his trial is scheduled for September 24, where Anderson may testify.

PERMALINK | COMMENTS (2) | RECOMMEND RECOMMEND (0)
Alaska, Bill Allen, Ted Stevens, Veco

Ted Stevens

VECO Employees Shed Light on Stevens' Renovations

Kate Klonick | August 4, 2008, 9:43AM

Two VECO employees shed new light on who was behind the idea to renovate the home of Sen. Ted Stevens (R-AK), the Anchorage Daily News reported yesterday.

The two employees, David Anderson, the nephew of former VECO CEO Bill Allen, and Robert "Rocky" Williams, a trusted VECO worker, told the ADN that they met with Allen over drinks at the Alyeska Prince Hotel in the spring of 1999 or 2000. It was during this meeting that the three men first discussed plans to renovate the Stevens' home.

Stevens was indicted last week on seven counts of false statements, stemming from his failure to disclose the $250,000 worth of renovations made to his home by the oil company VECO.

Anderson, who had a falling out with Allen over the construction and once claimed that his uncle threatened his life, told the ADN that there were numerous projects that Stevens was not billed for -- and Anderson would know, since he handled the billing:

Among the electricians' tasks was to wire up a switch for a generator that would automatically turn on whenever the power went out, Anderson said. Allen told him to buy an oversized power plant to install in the back yard. It was so heavy that Anderson had to order in a Veco crane from the shop to lift it over the garage from the driveway and set it in place in the back.
It was another gift that Stevens got for free, Anderson said. "I know, because I ran the paperwork -- I did all the purchase orders."

The generator is not mentioned in the indictment.

Anderson and Williams worked closely with Stevens' wife, Catherine Stevens, who had a say over much of the renovations:

Williams said Catherine Stevens wanted to put her touch on the place, which she and Stevens had bought as a 12-year-old house in 1983.
"So she picked out the carpet, she picked out the tile," Williams said. "She made it her place and that was what Ted wanted . . ."

In addition to shedding light on the work done to the Stevens' home, the ADN also speculates about the likely identities of two of the three anonymous parties in the Stevens' indictment, stating that Person A is Bob Persons, a local business owner who diligently oversaw the renovations, and Company A is Christensen Builders, a local construction company owned by Augie Paone, already known to have done work on the Girdwood chalet.

Anderson initially told the ADN that the "at least some" of the costs for the renovation were passed on to VECO clients, like "BP Exploration." Late yesterday, ADN ran a second story, saying that Anderson backed away from those statements.