TPM Muckraker

Posts on “The Daily Muck: August 2008” in August 2008

mg src=" http://www.talkingpointsmemo.com/mucktease.jpg" vspace=5 hspace=5 align=left>The Daily Muck

The Pentagon today reiterated its view that recent U.S. airstrikes in Afghanistan killed only 5 civilians along with 25 militants. The tally contradicts the United Nations, Afghan officials, and human rights group, all of whom have put the civilian casualty toll at between 75 and 90. According to three Afghan officials, the U.S. was misled into attacking the village based on faulty information by tribal rivals. (Washington Post)

It may be more difficult for prosecutors to acquire sensitive information during investigations of corporate fraud cases, thanks to new guidelines issued by the Department of Justice. The changes will prevent companies from being penalized for paying for the legal expenses of their employees, and will prevent the government from demanding confidential legal materials. A representative from the National Association of Criminal Defense Lawyers said they were "overjoyed" at the changes. (Bloomberg)

A U.S. Marine has been acquitted for the manslaughter of four Iraqi civilians Sgt. Jose Nazario was the first military officer tried in civilian court for war crimes in Iraq. Jurors explained both that they felt there was inadequate forensic evidence to convict Nazario, as well as expressing reservations about passing judgment on Marines in combat situations. According to one juror, "I hope they realize that they shouldn't be second-guessed, that we support them and know that they're doing the right thing." (Los Angeles Times)

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The Daily Muck

United States intelligence services are increasingly relying on private contractors to perform essential intelligence tasks. Contractors make up about a quarter of core national intelligence workers and are involved in some of the most sensitive areas of intelligence. The average salary for a contract intelligence worker is over $200,000, compared to $125,000 for a government employee. (Washington Post)

Two U.S. military personnel were allegedly paid almost $100,000 to arrange three deals to rebuild Bagram Airfield in Afghanistan. The officers, Christopher West and Patrick Boyd, were indicted yesterday for bribery. Three Afghani contractors were also charged. (AP)

After years of incarceration, it is still unclear whether Guantanamo detainees will be able to witness their own trials or see the evidence the government has against them. One of the judges trying to create rules for Guantanamo hearings is worried that the procedures and evidence will be hidden from both the public and the defendants. Trials for Guantanamo defendants may rely on classified evidence that will be kept secret. (AP)

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The Daily Muck

Details about Dick Cheney's interview under oath with Patrick Fitzgerald about the vice president's role in the outing of Valerie Plame may soon become public, thanks to a lawsuit filed by a non-profit watchdog group. Citizens for Responsibility and Ethics in Washington is suing the Department of Justice for failing to release records related to their investigation of the Plame leak. The House Judiciary Committee has sought access to these records for more than a year. (CREW)

Rep. Don Young (R-AK) appears likely to win the Republican nomination for re-election to Congress despite ongoing allegations of corruption, and Sen. Ted Stevens (R-AK) has won the Republican party's nomination for re-election to the Senate despite a criminal indictment. Both congressmen have gotten into hot water for failing to report gifts from the the VECO corporation. (New York Times)

The fate of Detroit mayor Kwame Kilpatrick could be in the hands of Michigan's Democratic governor Jennifer Granholm. Granholm has scheduled a hearing to determine whether Kilpatrick should be removed from office. Kilpatrick currently faces 10 felony charges, including bribery and misconduct in office. The hearing will begin September 3. (AP)

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The Daily Muck

A United Nations investigation has found that U.S. airstrikes in Afghanistan killed 90 civilians. The U.N. report contradicts the official U.S. account of the attacks, which found that twenty five militants were killed and only five civilians. Afghan officials and human rights groups had previously disputed the U.S. tally. (AP)

A holistic health counselor pleaded guilty to conspiracy to commit prostitution on Monday. Tanya Hollander, is the fourth person to be convicted in the prostitution ring that brought down former New York Gov. Elliot Spitzer. Hollander claims that she was tricked into believing that she was engaged in a legitimate business. (New York Times)

Poland is investigating claims that the country may have hosted a CIA secret prison used to detain terrorism suspects and move them to other locations. A European Parliament committee found that 14 E.U. countries have hosted these CIA "black sites," and according to a CIA source quoted in the New York Times, one of the most important secret prisons was in Poland. (EU Observer)

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The Daily Muck

A joint U.S.-Afghan attack killed 78 people on Friday morning, according to Afghan officials and human rights monitors. The tally contradicts the official U.S. coalition account, which reported that 30 militants and only five civilians were killed in the battle. The U.S. has said it will further investigate the matter. (AP)

Two U.S. Marines were found in contempt of court after they refused to testify against their former squad leader, accused of killing four Iraqi detainees. The Marines had previously told investigators that they had been ordered to kill the Iraqis by squad leader Sgt. Jose Nazario to avoid taking the time to process the prisoners according to the laws of war. Nazario is now being charged with manslaughter. (Los Angeles Times)

Detroit Mayor Kwame Kilpatrick rejected a plea offer from state prosecutors on Friday, in which the prosecutors would have dropped two felony assault charges against the Mayor in return for his resignation from office. The Mayor is accused of shoving two police officers as they attempted to serve a subpoena to one of his friends. A spokesman for the Mayor said that he considered the plea deal politically motivated and insincere. (New York Times)

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The Daily Muck

Attorney Gen. Michael Mukasey has agreed to postpone new FBI guidelines that would relax conduct of national security investigations. Mukasey was asked to do this earlier this week by the chairman and ranking minority leader on the Senate Judicial Committee out of civil liberties concerns. Mukasey will not sign off on the new regulations until he at least hears the testimony of FBI Dir. Robert Mueller in September. (Senate Judiciary Committee)

Two marines have been ordered to testify against their former squad leader, on trial for killing four Iraqi detainees. The marines, Sgt. Ryan Weemer and Sgt. Jermaine Nelson, have already been jailed twice for refusing to testify against Jose Luis Nazario. Prosecutors allege that Nazario killed "unarmed, submissive, docile" Iraqi civilians in Fallujah. (AP)

An office of the Bureau of Land Managment made improper deals with private helium reginers at the expense of taxpayers. According to a Department of Interior report, a field office in Texas allowed refiners to profit by overcharging for equipment. The deal may result in the government's equipment costs almost doubling by the time the contracts expire in 2015. (Washington Post)

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The Daily Muck

Alaska Sen. Ted Stevens (R) has asked the Senate Ethics Committee for permission to create a legal expense fund to help pay for costs related to his legal defense. Stevens was recently indicted on seven felony counts of failing to report more than $250,000 in gifts and home repairs. If granted, individuals and political action committees will be allowed to contribute up to $10,000 to the expense fund. (McClatchy)

The trial of a former U.S. marine charged with war crimes in Iraq begins today. Jose Luis Nazario Jr. is charged with the voluntary manslaughter of four unarmed Iraqi detainees during the fighting in Fallujah in 2004. He is the first person to be charged under the Military Extraterritorial Jurisdiction Act, a law written to allow the prosecution of civilian contractors and former members of the military who commit war crimes overseas. (AP)

House Oversight Chairman Henry Waxman (D-CA) issued a subpoena yesterday for documents related to the EPA's enforcement of the Clean Water Act. Earlier this month, Waxman had sent a letter to the EPA setting a deadline that passed last week for the documents. (House Oversight Committee)

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The Daily Muck

Gov. Sarah Palin (R-AK), who is under investigation for possibly breaking ethics or personnel rules, has put an aide on paid leave until the investigation is finished. The investigation revolves around Palin's firing of Public Safety Commissioner Walt Monegan who claims he was pressured to fire Palin's sister's ex-husband who is a state trooper. (Anchorage Daily News)

Lawyers for indicted Sen. Ted Stevens (R-AK) submitted their list of questions for potential jurors to the D.C. district court yesterday. Stevens' lawyers will ask jurors about their opinions on the oil industry, congressional corruption, and earmarks in the state of Alaska. (Anchorage Daily News)

Puerto Rican Gov. Anibal Acevedo Vila (D) received a follow up indictment yesterday of five counts related to wire fraud and conspiracy to commit money laundering. The indictment was also issued to Vila's senior aide and former campaign director and can carry as much as a 20 year sentence. The previous indictment was returned on March 24. (Department of Justice)

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The Daily Muck

A Wayne County circuit judge in Michigan ruled that embattled Detroit Mayor Kwame Kilpatrick cannot be removed from office by the city council. Rather, Kilpatrick can only be removed from office by Michigan Gov. Jennifer Granholm (D). A removal hearing has been scheduled by Granholm for September 3. (Detroit Free Press)

The FBI laid out more scientific evidence to members of the press yesterday linking scientist Bruce Ivins to the 2001 anthrax attacks. The briefing, which focused on microbial forensics, was in part a response to widespread skepticism over the largely circumstantial evidence of the case. (New York Times)

The ranking senators of the Senate Judiciary Committee urged Attorney General Michael Mukasey yesterday to delay the expansion of FBI investigative powers. Both Sens. Patrick Leahy (D-VT) and Arlen Specter (R-PA) said the move would "employ more expansive investigative practices with limited oversight." (Senate Judiciary Committee)

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The Daily Muck

A military barracks for wounded soldiers in Oklahoma that was set up last year in response to the poor conditions at Walter Reed Army Medical Center is infested with mold. Soldiers at the barracks, Fort Still, were ordered not to speak about the conditions there after the situation was ignored for months. (USA Today)

The FBI investigation of American business man Morris Talansky, who is connected to the corruption probe of Israeli Prime Minister Ehud Olmert, did not come as a suprise to Israeli police officials. Olmert is accused of accepting illicit funds from Talansk for years. Israeli officials said Sunday that the FBI typically becomes involved with Israeli cases that are conducted within the U.S. (Haaretz)

A former Marine sergeant who has been charged with war crimes in the killing innocent people in Fallujah claimed Saturday that his prosecution sends a bad message to marines in Iraq. The former sergeant, Jose Luis Nazario Jr., said that his trial will cause troops to fear that they too may be prosecuted if they follow what he maintains was basic training. (AP)

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The Daily Muck

Embattled Detroit Mayor Kwame Kilpatrick will not be allowed to attend the Democratic National Convention in Denver. Kilpatrick is restricted to the Detroit metro area due to his assault charges. In another blow, the state's governor, Jennifer Granholm, said Thursday that she cannot legally pardon Kilpatrick. (AP)

A federal appeals court is set to reconsider tossing out the case of Canadian citizen Maher Arar based around Arar's claims of torture while in U.S. custody. Born in Syria, Arar was detained by the U.S. in 2002 and sent to a prison in Syria for nearly a year after falsely being accused of links to al-Qaeda. Arar's lawyers did not ask for the federal appeals court to reconsider the increasingly high profile case, but rather the court has come to the decision on its own. (AP)

A lobbyist in Alaska is facing criminal charges accusing him of persistently failing to file lobbying disclosure reports. Prominent lobbyist Ashley Reed faces seven misdemeanors, each punishable by a fine of up to $1,000, imprisonment for up to a year, or both. (Anchorage Daily News)

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The Daily Muck

An Army major pleaded guilty Wednesday to bribery charges. Maj. James Momon Jr., who served as a contracting officer in Kuwait in 2005 and 2006, admitted that he had a $5.8 million deal to push contracts for supplies such as bottled water to certain companies. Major Momon was the replacement for a major who pleaded guilty to money laundering in a similar scheme in January. (AP)

An American general testified against another general during pretrial hearings Wednesday at Guantanamo Bay. Gen. Gregory Zanetti, who is deputy prison camps commander at Guantanamo, described his counterpart in the Air Force as haphazardly rushing the military commissions process to an "unprofessional" and "bullying" extent. (McClatchy)

A former sheriff in Oklahoma will stand trial on 35 felony charges after female jail inmates accused him of demanding sex in exchange for help getting them into a drug rehabilitation program. He could face up to life in prison if convicted. (Associated Press)

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The Daily Muck

The Mayor of Detroit will not return to jail after a judge Tuesday ruled that he did not violate the terms of his bond. Mayor Kwame Kilpatrick was jailed last week when he traveled to Canada without notifying the court. This time the judge declined to jail him for allegations that he met with a witness from his pending case, where he is charged with assaulting a sheriff's deputy. (Detroit Free Press)

About two thirds of U.S. corporations paid no federal taxes between 1998 and 2005, according to a new report from the Government Accountability Office. Sen. Carl Levin (D-MI), who was among the Democratic lawmakers who requested the study, said it proves that many corporations are using "tax trickery" to send profits overseas and avoid paying U.S. taxes. (New York Times)

The West Virginia governor reportedly consulted with the DuPont company before filing a friend-of-the-court brief urging a judge to overturn a $382 million judgment against the powerful chemical company. Although Gov. Joe Manchin III presented the court document as being in the public interest, records show he had actually asked DuPont officials to provide a draft of the brief. (New York Times)

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The Daily Muck

Embattled Detroit Mayor Kwame Kilpatrick (D) goes to court today accused of violating the terms of his bond a second time. The mayor is facing charges of perjury and obstruction of justice for allegedly lying under oath about an affair with his chief of staff, as well as a separate set of charges of assaulting a sheriff's deputy. Kilpatrick spent last Thursday night in jail for a bond violation. (Associated Press)

The increased attention on the anthrax investigation, sparked by the recent death of accused anthrax killer Bruce Ivins, has moved lawmakers to investigate security at bio-defense labs. Ivins was allowed to work at a federal lab for years after the FBI listed him as a suspect in the 2001 attacks. (Los Angeles Times)

Prosecutors in the case against Sen. Ted Stevens (R-AK) filed a motion Monday requesting the trial remain in Washington. Stevens' lawyers want the trial heard in Stevens' home state of Alaska, citing the sitting senator's campaign schedule. The prosecution argued that moving the trial to Alaska could taint the jury pool. (Anchorage Daily News)

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The Daily Muck

The FBI formally apologized to two newspapers for wrongfully obtaining reporters' phone records. The bureau said it reviewed records from the New York Times and Washington Post Indonesia bureaus while conducting a 2004 terrorism investigation. (NYT)

Former Anthrax suspect Steven Hatfill was formally cleared of all suspicion in the 2001 letter attacks, the Department of Justice announced. Hatfill recently settled a lawsuit with the DOJ for about $5 million. (MSNBC)

A disgraced Minnesota transportation official was dismissed from the U.S. Department of Homeland Security, where she was hired shortly after facing criticism for her role in a bridge collapse last year. The DHS said it has imposed stricter rules on background checks for employees, including Google searches. (startribune.com)

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The Daily Muck

U.S. military documents show that at least 17 detainees at Guantanamo Bay were forced to repeatedly move from place to place to cause disorientation and sleep deprivation. This program, called the "frequent flyer" program, occurred even after it was banned in March 2004. (Washington Post)

The Mayor of a Maryland suburb is demanding that the Department of Justice investigate a July 29th police raid when police fatally shot his two dogs. The raid was apparently targeting a drug-trafficking scheme in which drugs were delivered to unsuspecting people, such as the mayor, to be picked up later by drug dealers. (AP)

After spending last night in jail, Detroit Mayor Kwame Kilpatrick may face a new criminal charge for confronting a detective trying to serve a subpoena. He was released from jail today after violating the terms of his bond. (AP)

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The Daily Muck

The FBI has uncovered a medical fraud scheme in which hospitals in L.A. used homeless people to pose as patients in order to get a full patient-load and obtain government money. Some hospital officials involved are now being charged with draining the government of millions of dollars in health services. (AP)

An Iraqi official from Prime Minister al-Maliki's Dawa Party defended the Iraqi government's spending, saying critics are overlooking progress in Baghdad. The estimated $79 billion government budget surplus was revealed earlier this week in a GAO report. (AP)

The White House said it was pleased with yesterday's conviction of Salim Hamdan, despite the military commission's acquittal on several of the more serious charges for Osama bin Laden's driver. Although some critics have questioned the military commission's process, the White House continued to defend the system as "fair and appropriate". (AP)

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The Daily Muck

A new report from the Government Accountability Office says that the Iraqi government may finish the year with a $79 billion surplus. The majority of the excess funds come from unspent money since 2005, as well as oil revenues and the Iraqi government's general inability to execute budgets. In response to the report, many U.S. senators complained that the Iraqi government should being paying for their own reconstruction efforts. (AP)

An attorney for former Alabama Gov. Don Siegelman called Monday for a Justice Department oversight office to investigate U.S. Attorney Leura Canary's role in Siegelman's prosecution and belated recusal. Siegelman's attorney wants to know why Canary, who has connections to Karl Rove and Siegelman's successor Gov. Bob Riley (R), ever became involved in the prosecution, in light of the obvious conflict of interest. Canary says she welcomes the investigation. (AP)

After the first day of deliberations by jurors in the military commission of Osama bin Laden's driver Salim Hamdan, the judge presiding over the case admitted he may have made errors by not properly instructing the jury about war crimes. Despite the possibility of a mistake, the judge ruled out a mistrial, saying it was too late for such action. (Reuters)

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The Daily Muck

The infamous John "Junior" Gotti has been arrested on a murder conspiracy charge. The charge, which was not yet officially announced, comes from a federal investigation that started in Tampa, Florida. (AP)

The defense lawyer for Osama bin Laden's driver, Salim Hamdan, claimed Monday that secret evidence shows that Hamdan aided the U.S. by providing "critical details" in the early days of the war in Afghanistan regarding the search for Osama bin Laden. The revelation came during closing arguments at the first military commission at Guantanamo Bay. (New York Times)

The issue of influence peddling among state judges may reach the Supreme Court next year if the court accepts a petition filed by Harman Mining, who is represented by Ted Olson. Influence peddling has gained attention recently due to unprecedented sums of money getting poured into campaigns for state judges. (ABC)

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The Daily Muck

The Government Accountability Office reports the government is putting millions of Medicare dollars in jeopardy through lax review practices for medical suppliers. The government has wasted roughly $1 billion a year by frequently authorizing fictitious companies to submit reimbursement claims. (AP)

Bruce Ivins, the former government scientist and suspect in the 2001 anthrax attacks who committed suicide last week, was allowed to keep his security credentials at the FBI even though he was under investigation in the case. Former Senator Tom Daschle (D-SD), who was a target in the attacks, sharply criticized the FBI for its handling of the case. (Washington Post)

A former state assistant prosecutor in Alaska has been assigned to handle the investigation of Alaska Gov. Sarah Palin. Steve Branchflower, the former assistant district attorney, will lead the investigation into Palin and her firing of Public Safety Commissioner Walt Monegan. (ADN)

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The Daily Muck

House Democrats defeated a measure to censure Rep. Charles Rangel (D-NY) yesterday. The bid to censure, put forward by House Minority Leader John Boehner (R-OH), was over Rangel's questionable rent-stabilized housing arrangement in Harlem. At the same time, the House ethics panel announced yesterday that they plan to review Rangel's lease and his use of congressional letterhead in solicitations donations. (AP, Politico)

A former official at the Treasury Department is the focus of a new civil complaint filed by New York Attorney General Andrew Cuomo against UBS. The official, David Aufhauser, is described as "Executive A" in Cuomo's case against UBS over fraud in the auction-rate-securities market. (Wall Street Journal)

A MnDOT emergency response executive who was fired for taking an unauthorized state-funded trip to Washington directly after the Minnesota bridge collapse, was recentlyhired by the Department of Homeland Security. The former executive, Sonia Pitt, confirmed Wednesday that she is now a Transportation Security Specialist at the department. (Star Tribune)

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