FISA and the U.S. Attorneys Scandal

Nancy Pelosi has decided to let the FISA law elapse. On her Facebook profile, Pelosi wrote that she voted "to uphold the Constitution to uphold the Constitution." Pelosi and House Democrats showed the spine their colleagues in the Senate lacked. The House Republicans response was to take their ball and go home.

House Republicans have just staged a walkout from the chamber to protest the decision of Speaker Nancy Pelosi and the Democratic leadership to let an act that expands the government’s surveillance powers expire.

Talking Points Memo has video of Minority Leader John Boehner staging the walkout.



Part of the walkout was a smoke screen: Democrats and the 35 Republicans that didn't walk out voted 223 to 32 to hold Josh Bolten and Harriet Miers in contempt for refusing to testify about their roles in the U.S. Attorney scandal. Bush decided that his staffers were above the law and need not testify.

"This is beyond arrogance. This is hubris taken to the ultimate degree," Speaker Nancy Pelosi (D-Calif.) said in the closing moments of the debate.

Administration officials purged U.S. Attorneys that would not go after Democrats and bogus voter fraud cases. The White House wanted loyal Bushies to use the Justice Department to win elections. Republican Senator Pete Domenici personally asked Bush to fire U.S. Attorney David Iglesias. Domenici was angered that Iglesias would not (illegally) leak information on possible indictments against Democrats.

U.S. Attorney Carol Lam was fired after issuing a warrant to search Kyle Dustin "Dusty" Foggo. A man involved in the Duke Cunningham bribery scandal and Brent Wilkes's prostitute parties. Wilkes was a major Bush fundraiser. Two days after Lam issued the warrant on Foggo, Justice Department Chief of Staff Kyle Sampson fired off this email.

"the real problem we have right now with Carol Lam that leads me to conclude that we should have someone ready to be nominated on 11/18, the day her 4-year term expires."

Nowhere is Lam's record on enforcing immigration laws is mentioned. Sampson admitted to the Senate Judiciary Committee that the Justice Department never discussed with her handling of illegal immigration.

Boehner is helping turn the GOP into the party that stands up against enforcing laws. His sense of politics and policy are so misguided that he is helping the Democrats win more House seats. House Republicans are retiring, the party has a nominee that the base can't get behind and Boehner still wants to hitch House Republicans to Bush.

Karl Rove Resigns

Karl Rove is official resigning.

"I just think it's time," Mr Rove said in an interview with the Wall Street Journal, adding that he was quitting for the sake of his family.

Rove has been subpoenaed for his alleged involvement in the U.S. purge scandal. Litbrit pointing to an under-oath statement by Kyle Sampson that Alberto Gonzales confirmed.

Gonzales confirmed statements by Sampson that presidential adviser Karl Rove passed along GOP complaints to Gonzales last fall about the alleged lack of aggressiveness by Iglesias and two other U.S. attorneys in prosecuting voter fraud. Gonzales said he passed on the complaints to Sampson, who at some point in the same time period placed Iglesias on the firing list.

White House official don't resign unless they are in trouble (Michael Brown, Lewis Libby) or out of favor with the Bushies (Richard Clarke.) It's hard for me to believe that a political junkie like Rove would want out before the 2008 elections. He is aware how vulnerable the GOP is right now. Resigning after being subpoenaed gives reason for skepticism.

Joe Wilson points out that Rove was suppose to be forced out after President Bush promised to fire anyone caught leaking Valerie Plame's identity to the media.

"Karl Rove's resignation signals the final chapter in the Bush administration's betrayal of the identity of a covert CIA officer. When this breach of national security occurred, the President promised the American people that anybody in his administration responsible for the leak would be removed. Rove, identified by the prosecutors as one of the leakers, not only was not summarily dismissed, but has been allowed to leave on his own terms, to praise from the President. This sordid tale of compromising national security to cover-up and distract from the false rationale for the invasion of Iraq will forever remain in history a black mark on the Bush presidency."

The Bush administration: words mean more than actions.

Update: video of Bush/Rove press conference.

U.S. Attorney Greg Miller On Purge List

McClatchy Newspapers reports two more U.S. Attorneys were on the purge list.

The two prosecutors who were targeted were Gregory Miller, the U.S. attorney for the northern district of Florida in Tallahassee, and Bill Leone, the former acting U.S. attorney for Colorado.

Miller has been a potential target for termination since February 24, 2005. The St Petersburg Times reports that Miller was shocked to find out he was on the list.

"I have never been asked to resign," he said. "Nor have I ever been told by anyone at the Department of Justice that my performance was lacking or that I was being considered for termination."

The question is why Kyle Simpson place Miller's name on the purge list. Miller received a Justice Department award for superior performance in public service. Much like the other U.S. Attorneys, the evidence points to Miller being a good U.S. Attorney. The Justice Department's statements of the purge candidate's performing poorly sounds like a cover story. Sampson knew as much when he sent this email to Harriet Miers and William Kelley.

I am concerned that to execute this plan properly we must all be on the same page and be steeled to withstand any political upheaval that might result (see Step 3); if we start caving to complaining U.S. Attorneys or Senators then we shouldn't do it -- it'll be more trouble than it is worth.

Another question is if the Justice Department had problems with the job performance of these attorneys then why didn't they discuss it with them.

"You're telling me something I didn't know," Miller said. "I never heard of any concerns from the administration."

Alberto Gonzales said that only 8 U.S. Attorneys were targeted for termination. That statement is obviously false. No one is sure exactly how many U.S. Attorneys were on the purge list. The Washington Post reports that 26 U.S. Attorneys were considered for firing. Other attorneys such as Christopher J. Christie expressed the same reaction as Miller.

"I was completely shocked. No one had ever told me that my performance had been anything but good," Christie said.

The White House replaced attorneys with hacks. Leone's replacement was Troy Eid. He had little coutroom experience, but was a member of the Federalist Society. Conservative credentials count more than judicial experience.

Gonzales Testimony

Alberto Gonzales had a month to prepare and he still lies badly to the Senate. Both Carol Lam and former AG Chief of Staff Kyle Sampson have publicly testified that her handling of immigration was never brought up.

Gonzales first said that the Justice Department contacted Lam. Later, Gonzales said that members of Congress contacted her.

Chuck Schumer asked that is it standard procedure to have members of Congress speak to U.S. Attorneys when the Justice Department has performance problems.



Gonzales gets hammered more.

Meet Rachel Brand

Kyle Sampson handpicked Rachel L. Brand to become purged U.S. Attorney Margaret M. Chiara's replacement. She withdrew her nomination. It's a good thing too since her legal resume is laughable.

In many ways, Ms. Brand represents young lawyers with conservative pedigrees and proven loyalty who have flourished in this administration. She was active in the Federalist Society, an association of conservative lawyers that is a talent pool for those interested in appointments in Republican administrations.

At the Justice Department, she gave speeches defending the USA Patriot Act and was assigned to shepherd the Supreme Court nominations of John G. Roberts Jr. and Samuel A. Alito Jr. through Senate confirmation. She had the same role for Harriet E. Miers, the White House counsel, until Ms. Miers’s nomination was withdrawn.

Ms. Brand was born in Michigan and raised in Iowa. She worked for a law firm here, was counsel to Senator Elizabeth Dole’s 2000 presidential campaign and joined the Bush campaign’s legal team for the Florida presidential vote count in 2000.

After time in the White House counsel’s office, Ms. Brand was law clerk to Justice Anthony M. Kennedy at the Supreme Court and joined the Justice Department in 2003. Before being confirmed for her current post in 2005, she told the Senate Judiciary Committee, she had never been in court as a lawyer, although she had argued two civil motions by phone in private litigation.

Brand represents the Republcan hackery that appeals to this administration. Whether she can do the job is insignificant. (See: Brown, Michael) What matters is she is rabidly partisan and will put the administration above upholding the law.

Another appointed U.S. Attorney is Timothy Griffin. His previous job was being an aide for Karl Rove.

Gonzales Studies For Congressional Hearings

Alberto Gonzales is an embarrassment even by Bush administration standards. He makes Donald Rumsfeld look good.

Attorney General Alberto Gonzales has virtually wiped his public schedule clean to bone up for his long-awaited April 17 testimony before the Senate Judiciary Committee—a session widely seen as a crucial test as to whether he will survive the U.S. attorney mess. But even his own closest advisers are nervous about whether he is up to the task. At a recent "prep" for a prospective Sunday talk-show interview, Gonzales's performance was so poor that top aides scrapped any live appearances. During the March 23 session in the A.G.'s conference room, Gonzales was grilled by a team of top aides and advisers—including former Republican National Committee chair Ed Gillespie and former White House lawyer Tim Flanigan—about what he knew about the plan to fire seven U.S. attorneys last fall. But Gonzales kept contradicting himself and "getting his timeline confused," said one participant who asked not to be identified talking about a private meeting. His advisers finally got "exasperated" with him, the source added. "He's not ready," Tasia Scolinos, Gonzales's public-affairs chief, told the A.G.'s top aides after the session was over, said the source. Asked for comment, Scolinos told NEWSWEEK: "This was the first session of this kind that we'd done."

Kevin Drum suggested that if Gonzales told the truth he wouldn't have this problem. Even if Gonzales told the truth he would need his aides to tell him what to do. The Michael Isikoff article reports Gonzales is lost without Kyle Sampson and Paul McNulty telling him what to say. The White House had to bring in David Addington from Cheney's office to hold Gonzales's hand. I have less faith in Gonzales's abilities than Drum. Which his properly isn't much.

This is the man President Bush picked to be his personal consigliere. The blind leading the deaf.

Dan Dzwilewski Retires

Dan Dzwilewski was in charge of the San Diego FBI division. He defended U.S. Attorney Carol Lam when she was forced to resign.

“I don't think it's the right way to treat anybody. What's the decision based on?” Dzwilewski said. “I don't share the view of whoever's making the decision back there in Washington that they'd like her to resign. I feel Carol has an excellent reputation and has done an excellent job given her limited resources.”

Dzwilewski correctly pointed out why Lam was fired.

As for the reason for any pressure to resign, Dzwilewski said: “I can't speak for what's behind all that, what's the driving force behind this or the rationale. I guarantee politics is involved.”

Kyle Sampson complained to the FBI about those very comments.

Feinstein: Did you call FBI headquarters and complain about those comments?

Sampson: I did.

John Pistole, an FBI underling of Director Robert Mueller told Dzwilewski the comments were inappropriate.

Dan Dzwilewski has suddenly decided to retire. The FBI refused to comment on if Dzwilewski was forced to retire.

Alberto Gonzoles Watch

Kyle Sampson said that Alberto Gonzales was aware of the firings of U.S. Attorneys.

Asked by Senator Arlen Specter, Republican of Pennsylvania, about Mr. Gonzales’s statements at a March 13 news conference that he had not participated in any discussions about the dismissals, Mr. Sampson replied, “I don’t think the attorney general’s statement that he was not involved in any discussions about U.S. attorney removals is accurate.”

Chuck Schumer got Sampson to admit that he discussed the firings with Gonzales "at least five."

The blame goes back on Gonzales and Harriet Miers.

"The decision-makers in this case were the attorney general and the counsel to the president," he said, in what may become the day's sound bite.

The White House needs to fire Gonzales before he testifies.

Sara Taylor Resigns

Sara Taylor was involved in the email trail to help promote of Karl Rove aide Tim Griffin. Taylor is also a Rove aide. Kyle Sampson pointed the finger at her during his testimony.

"That e-mail was based on an assumption," Sampson answered. "I knew that Sara Taylor and Scott Jennings had expressed interest in promoting Mr. Griffin for appointment to be U.S. attorney, and I assumed, because they reported to Karl Rove, that he was interested in that."

Taylor resigned today. The official reason is Taylor has planned to leave for quite some time. That maybe true. The fact that a subpoena is looming isn't going to compell Bushie to ask her to stay.

Monica Goodling Takes Fifth

Alberto Gonzales senior council Monica Goodling will not testify before the Senate Judiciary Committee. She is invoking the fifth amendment.

"I have decided to follow my lawyer's advice and respectfully invoke my constitutional right, because the above-described circumstances present a perilous environment in which to testify," Goodling says.

Senator Pete Domenici (R-NM) called the Attorney General's office, for the third time, to complain about U.S. Attorney David Iglesias. Kyle Sampson, William Moschella and Monica Goodling talked with Domenici about Iglesias.

Goodling has enlisted the legal services of John M. Dowd and Jeffery M. King of Akin Gump Strauss Hauer & Feld. King has defended clients using the fifth amendment defense. They issued a press release.

We represent Ms. Monica Goodling, Council to the Attorney General and White House Liaison. We were advised today by council to the Committee on the Judiciary that the Committee seeks Ms. Goodling's testimony with respect to the Committee's inquiry into the firings of United States Attorneys.

Please be advised that Ms. Goodling will, opon our advise, assert her fifth amendment privilege as to any and all questions related to that subject matter...

Patrick Leahy responds to Goodling taking the fifth.

“It is disappointing that Ms. Goodling has decided to withhold her important testimony from the Committee as it pursues its investigation into this matter, but everybody has the constitutional right not to incriminate themselves with regard to criminal conduct.

“The American people are left to wonder what conduct is at the base of Ms. Goodling’s concern that she may incriminate herself in connection with criminal charges if she appears before the Committee under oath.“

The administration is blaming Goodling for not properly informing Gonzales of the U.S. Attorney purge. The latest document dump proves Gonzales was aware of the firings.

The hour-long November meeting in the attorney general's conference room included Gonzales, Deputy Attorney General Paul J. McNulty and four other senior Justice officials, including the Gonzales aide who coordinated the firings, then-Chief of Staff D. Kyle Sampson, records show.

Documents detailing the previously undisclosed meeting appear to conflict with remarks by Gonzales at a March 13 news conference in which he portrayed himself as a CEO who had delegated to Sampson responsibility for the particulars of firing eight U.S. attorneys.

The White House would have been better just releasing all the document in the beginning and getting the story off the front page. Instead they gave the finger to Congress and chose to get caught putting false statements in the media. Wiretapping and Abu Ghraib were far more serious offenses. The White House decided to fight Congress over U.S. Attorneys that the President has the right to fire at any time. The purging reeks of corruption and intimidating U.S. Attorneys to take cases for partisan reasons. This was still a story they could have gotten off the front page if their political instincts weren't Nixonian.

More Justice Department Emails

Email from Kyle Sampson to Harriet Miers and William Kelley.

The email below, and the attached document, reflect a plan by DOJ to replace several US Attorneys. By statute, US Attorneys serve for four year terms, which are commonly (but not always) extended by inaction -- in practice, they serve until replaced. They serve at the pleasure of the President, but often have very strong home-state political juice, including with their Senators. Before executing this plan, we wanted to give your offices a heads up and seek input on changes that might reduce the profile or political fallout. Thanks.

Harriet/Bill, please see the attached. Please note (1) the plan, by its terms, would
commence this week; (2) I have consulted with the DAG, but not yet informed others who would need to be brought into the loop, including Acting Associate AG Bill Mercer, EOUSA Director Mike Battle, and AGAC Chair Johnny Sutton (nor have I informed anyone in Karl's shop, another pre-execution necessity I would recommend); and (3) I am concerned that to execute this plan properly we must all be on the same page and be steeled to withstand any political upheaval that might result (see Step 3); if we start caving to complaining U.S. Attorneys or Senators then we shouldn't do it -- it'll be more trouble than it is worth.

We'll stand by for a green light from you. Upon the green light, we'll (1) circulate the below plan to the list of folks in Step 3 (and ask that you circulate it to Karl's shop), (2) confirm that Kelley is making the Senator/Bush political lead calls, and (3) get Battle making the calls t o the USAs. Let us know.

Email from Catherine Martin to Tasia Scolinos.

Its only six US attorneys (there are 94) and I think most of them will resign quietly - they don't get anything out of making it public they were asked to leave in terms of future job prospects. I don't see it as being a national story - especially if it phases in over a few months. Any concerns on your end?

Email from Kyle Sampson to Harriet Miers and William Kelley.

The email below, and the attached document, reflect a plan by DOJ to replace several US Attorneys. By statute, US Attorneys serve for four year terms, which are commonly (but not always) extended by inaction -- in practice, they serve until replaced. They serve at the pleasure of the President, but often have very strong home-state political juice, including with their Senators.

Before executing this plan, we wanted to give your offices a heads up and seek input on changes that might reduce the profile or political fallout. Thanks.

Email from Catherine Martin to Tasia Scolinos.

Paul Charlton (D. Ariz.)
Carol Lam (S .D. Cal.)
Margaret Chiara (W.D. Mich.)
Dan Bogden (D. Nev. 1
John McKay (W.D. Wash.)
David Iglesias (D.N.M.)

The one common link here is that three of them are along the southern border so you could make the connection that DOJ is unhappy with the immigration prosecution numbers in those districts.

Email from Tasia Scolinos to Catherine Martin.

Its only six US attorneys (there are 94) and I think most of them will resign quietly - they don't get anything out of making it public they were asked to leave in terms of future job prospects. I don't see it as being a national story - especially if it phases in over a few months. Any concerns on your end?

There was a clear coordination between the Justice Department and the White House. As well as an attempt not to have the firings traced back to Karl Rove.

Here Comes the Subpoenas

It's on.

The House Judiciary subcommittee has approved subpoenas for Karl Rove, Harriet Miers, Kyle Sampson and their aides. All that remains is the formality of officially issuing the subpoenas. The Senate Judiciary Committee will vote tomorrow on the subpoena issue.

But Mr. Snow said, “If they issue subpoenas, the offer is withdrawn, because it means that they will not have responded to the offer. They will have rejected the offer.”

“The moment subpoenas are issued, it means that they’ve rejected the offer,” Mr. Snow emphasized.

The White House is still talking tough. That didn't work yesterday. It won't work today.

"The White House is in a bunker mentality - won't listen, won't change," said Sen. Dianne Feinstein, D-Calif. "I believe there is even more to come out, and I think it's our duty to bring it out."

Tony Snow is making the administration sound out of touch with how much trouble they are in.

"At this point, it is our hope that Congress in fact is going to accept what is a generous, reasonable offer to enable them to do their jobs. . . . If they don't accept the offer, it lifts the veil on some of the motivations, which means that people are less interested in the truth than creating a political spectacle."

1. Democrats have made it quite clear they don't want the offer. "I want to hear Karl Rove testify under oath about the role he played in this whole affair," Harry Reid said.

2. It's a little late for an administration that has been extremely partisan to be crying wolf. Bush had much political collateral after 9/11. He used it to bash Democrats and question the patriotism of those whom disagreed with him. The President was full of tough bravado on television yesterday. He challenged Democrats and they responded with subpoenas. It was a tactically bad move and now he is suffering the consequences.

Carol Lam Firing

The Justice Department scandal just gets more disgusting.

WASHINGTON - Fired San Diego U.S. attorney Carol Lam notified the Justice Department that she intended to execute search warrants on a high-ranking CIA official as part of a corruption probe the day before a Justice Department official sent an e-mail that said Lam needed to be fired, U.S. Sen. Dianne Feinstein said Sunday.

The search warrant was intended for Kyle Dustin "Dusty" Foggo. He was indicted for his involvement in the Randy "Duke" Cunningham bribery scandal.

Kyle Sampson (no surprise) sent the email on dismissing Lam.

"the real problem we have right now with Carol Lam that leads me to conclude that we should have someone ready to be nominated on 11/18, the day her 4-year term expires."

Sampson is refusing to comment on the email. Through his lawyer, no less.

Who did know that Lam was going to search Foggo's residence was Alberto Gonzales and Deputy Attorney General Paul McNulty. Cases of that sensitive of a nature demand that the Attorney General know. Lam sent a report at 10:16 a.m. on May 10. The question is did Gonzales tell his right hand man Sampson?

Update: John Conyers has scheduled a vote on subpoenas. That means it is highly likely Karl Rove, Scott Jennings, Harriet Miers and William Kelley will have to testify.

The Revolving Karl Rove Story

The Justice Department sent a letter to Congress saying, "The department is not aware of Karl Rove playing any role in the decision to appoint Mr. Griffin." The latter was Rove's head of opponent research. Griffin was appointed before his U.S. Bud Cummins had to chance to announce his departure. It turns out Karl Rove was well aware of the attorney purging.

In one email from January 2005, a White House lawyer told a colleague that Mr Rove had "stopped by to ask you (roughly quoting) 'how we planned to proceed regarding US attorneys, whether we were going to allow all to stay, request resignations from all and accept only some of them or selectively replace them, etc.' "

Kyle Sampson Sampson wrote in another email, "That said, if Karl thinks there is the political will to do it, then so do I."

White House spokeswoman Dana Perino maintains that Rove's story has been consistent. That is hysterical. Considering the White House said Rove had no involvement the dismissals. The criteria for the terminations reeks of Rove.

"As an operational matter," Sampson wrote, "we would like to replace 15 percent to 20 percent of the 93 U.S. attorneys" whom they considered "the underperforming ones." The others, Sampson said, "are doing a great job, are loyal Bushies."

Sampson has resigned and become the scapegoat. That isn't enough to save Rove. It is only a matter of time before he testifies before the Senate Committee on the Judiciary.