Thursday, November 14, 2013

Court Vacancies Prove Orrin Hatch Is Full of Shit

MSNBC notes that President Barack Obama has had more judicial nominees blocked than President Bill Clinton or President George W. Bush. Adam Serwer correctly points out Republicans are intentionally not filling the US Court of Appeals for the DC Circuit.

That’s because Republicans have decided that no more Obama administration nominees should be placed on the DC Circuit. Three of the eleven seats on the court are vacant, and placing Democratic nominees on the bench would end conservative dominance of the DC Circuit which handles key regulatory and national security cases. Republicans’ specific ideological objections to the nominees don’t matter as much as their conviction that any Democratic appointees would skew the court to the left, which they want to prevent. Obama has had fewer federal judges confirmed than either of his predecessors. Iowa Republican Senator Chuck Grassley wants to eliminate three seats on the court so as to keep Obama from appointing judges to fill them.

Republican during the Bush years, senators like Orrin Hatch cried for an "up and down vote"?

"...I think we should bind both Democrats and Republicans that presidential nominees for the judiciary deserve an up-and-down vote once they reach the floor..." (Orrin Hatch discusses debate in Senate..., NPR, 5/19/05)

Hatch sang a different tune in the op-ed pages of USA Today. Hatch wrote that the US Court of Appeals for the DC Circuit didn't have much of a case load. Hatch falsely claimed that Democrats were making a scandal out of nothing. What Hatch fails to mention is that there are 3 seats that need to be filled.

Democrats also want to use a manufactured confirmation confrontation as an excuse to eliminate judicial filibusters. Never mind that Democrats blocked four times as many confirmation votes by filibusters under President Bush than have occurred under President Obama. Never mind that Senate Democratic leaders voted more than two dozen times for judicial filibusters, including against a D.C. Circuit nominee. Even then-Sen. Obama voted for several judicial filibusters, including a Supreme Court nominee.

So much for Sen. Orrin Hatch being for an up and down vote.

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Tuesday, June 29, 2010

Grassley's Asks Kagan if Second Amendment is Right Given By God



Sen. Charles Grassley asked Supreme Court nominee Elena Kagan if the Second amendment is a right given by God. Republicans on the Senate Judiciary Committee are going to use the hearings to pander to the conservative base and not even try to ask Kagan serious questions. Seriously, why doesn't Grassley just ask Kagan if God wrote the Constitution.

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Wednesday, October 07, 2009

Franken Amendment for Jamie Leigh Jones



Al Franken's Amendment 2588, to the Department of Defense Appropriations Act, passed 68 to 30. The amendment was written in tribute to Jamie Leigh Jones. She was drugged and raped by several men at Camp Hope, Baghdad, Iraq. The Defense Department would be forbidden from having contracts with companies that settled sexual assault and harassment cases in arbitration.


To prohibit the use of funds for any Federal contract with Halliburton Company, KBR, Inc., any of their subsidiaries or affiliates, or any other contracting party if such contractor or a subcontractor at any tier under such contract requires that employees or independent contractors sign mandatory arbitration clauses regarding certain claims.


Technically, Jones's former companies KBR and Halliburton were contracted under the State Department. At the time, CPA Order 17 gave contractors immunity from crimes committed in Iraq. The men that raped Jones had a free get out of jail ticket. Scott Horton explained how messed up the legal process was during his House Judiciary committee testimony.


(1) The Justice Department is effectively not present on the scene, does not have personnel deployed charged with conducting investigations, collecting evidence and making preliminary decisions as to whether incidents are suitable for prosecution. This would require a team of FBI agents with appropriate training, including access to forensic labs and personnel.

(2) The case when first alleged seems to have been treated as an issue related to administration of a contract, rather than a criminal justice matter, triggering only a State Department investigation. But the State Department does not have authority to conduct criminal inquiries or to bring charges.

(3) The Department of Defense was called upon to provide medical expertise, which was a reasonable step. But no guidelines appear to have been available as to how this was done. The alleged surrender of the rape kit by military medical personnel to Kellogg Brown & Root was grossly improper, producing a serious lapse in the chain of custody—and in this case, loss of evidence which cannot be reproduced. It reflects an attitude which I hear constantly when interviewing State Department and Defense Department personnel—namely, that the problem is the contractor’s. Of course, the contractor has an interest in performing its contract and maintaining a good relationship with the contracting agency. The contractor does not have any interest per se in law enforcement. It might well decide to terminate employees it believes are involved in a crime, but beyond that the contractor will, very appropriately, believe that the responsibility for law enforcement lies with law enforcement agencies.


Jones still has not had her day in court. The Franken amendment was a major moral victory for her.


Jones said the amendment's passage "means the world to me."

"It means that every tear shed to go public and repeat my story over and over again to make a difference for other women was worth it," she said. Jones testified about the alleged assault before Congress and other women employed by contractors have made similar allegations.


Rep. Jeff Sessions proved the GOP's true base is the business community. Sessions gave his reasoning for voting against the Franken amendment.


"The Congress should not be involved in writing or rewriting contracts," Sessions said.


The Franken amendment doesn't rewrite abitration contracts. It simply says the federal government will not do business with corporations that use arbitration to restrict employees from taking sexual assault cases to court. Sessions is placing the interests corporate profits above civil rights. Would he hold a female member member to the same standard as Jones. I don't buy it for a second. Does Sessions believe he his staking out a morally courageous stand for Halliburton's honor?

Nay votes for Franken's amendment.

Alexander (R-TN)
Barrasso (R-WY)
Bond (R-MO)
Brownback (R-KS)
Bunning (R-KY)
Burr (R-NC)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Corker (R-TN)
Cornyn (R-TX)
Crapo (R-ID)
DeMint (R-SC)
Ensign (R-NV)
Enzi (R-WY)
Graham (R-SC)
Gregg (R-NH)
Inhofe (R-OK)
Isakson (R-GA)
Johanns (R-NE)
Kyl (R-AZ)
McCain (R-AZ)
McConnell (R-KY)
Risch (R-ID)
Roberts (R-KS)
Sessions (R-AL)
Shelby (R-AL)
Thune (R-SD)
Vitter (R-LA)
Wicker (R-MS)

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Tuesday, July 14, 2009

Sotomayor Questioned on Reproductive Rights



RH Reality Check has a video run down of the Senate Judiciary Committee asking Sonia Sotomayor about legal decisions affecting reproductive rights.

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Monday, July 13, 2009

Sonia Sotomayor's Opening Statement



Hat tip to Ray Seaman for the transcript.


Thank you, Mr. Chairman. I also want to thank Senators Schumer and Gillebrand for that kind introduction.

In recent weeks, I have had the privilege and pleasure of meeting eighty-nine gracious Senators, including all the members of this Committee. I thank you for the time you have spent with me. Our meetings have given me an illuminating tour of the fifty states and invaluable insights into the American people.

There are countless family members, friends, mentors, colleagues, and clerks who have done so much over the years to make this day possible. I am deeply appreciative for their love and support. I want to make one special note of thanks to my mom. I am here today because of her aspirations and sacrifices for both my brother Juan and me. Mom, I love that we are sharing this together. I am very grateful to the President and humbled to be here today as a nominee to the United States Supreme Court.

The progression of my life has been uniquely American. My parents left Puerto Rico during World War II. I grew up in modest circumstances in a Bronx housing project. My father, a factory worker with a third grade education, passed away when I was nine years old.

On her own, my mother raised my brother and me. She taught us that the key to success in America is a good education. And she set the example, studying alongside my brother and me at our kitchen table so that she could become a registered nurse. We worked hard. I poured myself into my studies at Cardinal Spellman High School, earning scholarships to Princeton University and then Yale Law School, while my brother went to medical school. Our achievements are due to the values that we learned as children, and they have continued to guide my life’s endeavors. I try to pass on this legacy by serving as a mentor and friend to my many godchildren and students of all backgrounds.

Over the past three decades, I have seen our judicial system from a number of different perspectives – as a big-city prosecutor, a corporate litigator, a trial judge and an appellate judge. My first job after law school was as an assistant District Attorney in New York. There, I saw children exploited and abused. I felt the suffering of victims’ families torn apart by a loved one’s needless death. And I learned the tough job law enforcement has protecting the public safety. In my next legal job, I focused on commercial, instead of criminal, matters. I litigated issues on behalf of national and international businesses and advised them on matters ranging from contracts to trademarks.

My career as an advocate ended—and my career as a judge began—when I was appointed by President George H.W. Bush to the United States District Court for the Southern District of New York. As a trial judge, I decided over four hundred and fifty cases, and presided over dozens of trials, with perhaps my best known case involving the Major League Baseball strike in 1995.

After six extraordinary years on the district court, I was appointed by President William Jefferson Clinton to the United States Court of Appeals for the Second Circuit. On that Court, I have enjoyed the benefit of sharing ideas and perspectives with wonderful colleagues as we have worked together to resolve the issues before us. I have now served as an appellate judge for over a decade, deciding a wide range of Constitutional, statutory, and other legal questions.

Throughout my seventeen years on the bench, I have witnessed the human consequences of my decisions. Those decisions have been made not to serve the interests of any one litigant, but always to serve the larger interest of impartial justice.

In the past month, many Senators have asked me about my judicial philosophy. It is simple: fidelity to the law. The task of a judge is not to make the law – it is to apply the law. And it is clear, I believe, that my record in two courts reflects my rigorous commitment to interpreting the Constitution according to its terms; interpreting statutes according to their terms and Congress’s intent; and hewing faithfully to precedents established by the Supreme Court and my Circuit Court. In each case I have heard, I have applied the law to the facts at hand.

The process of judging is enhanced when the arguments and concerns of the parties to the litigation are understood and acknowledged. That is why I generally structure my opinions by setting out what the law requires and then by explaining why a contrary position, sympathetic or not, is accepted or rejected. That is how I seek to strengthen both the rule of law and faith in the impartiality of our justice system. My personal and professional experiences help me listen and understand, with the law always commanding the result in every case.

Since President Obama announced my nomination in May, I have received letters from people all over this country. Many tell a unique story of hope in spite of struggles. Each letter has deeply touched me. Each reflects a belief in the dream that led my parents to come to New York all those years ago. It is our Constitution that makes that Dream possible, and I now seek the honor of upholding the Constitution as a Justice on the Supreme Court.

I look forward in the next few days to answering your questions, to having the American people learn more about me, and to being part of a process that reflects the greatness of our Constitution and of our nation. Thank you.

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Tuesday, June 09, 2009

When Mel Met Sonia

This is good news for Sonia Sotomayor's confirmation. Her meeting with Mel Martinez went better than expected.


“I’m going to withhold my ultimate determination about my position on the nominee until after the committee hearing, but I should say I’m very, very impressed with her. Not only her personal qualities, but also her understanding of the role of the judiciary and the role of a judge,” Martinez said.


Martinez is on the Senate Judiciary Committee. Sotomayor will make it easily through committee. What could piss off Martinez is if fellow Republicans cintunue to attack Sotomayor on the "wise Latina" quote. Martinez hasn't been pleased with how the GOP has treated Hispanics and Latinas. Martinez isn't running for re-election. Any feeble attempt Republicans have at filibustering Sotomayor goes out the window if Martinez supports her confirmation.

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Thursday, June 04, 2009

Sotomayor Questionaire Released

Sonia Sotomayor has completed her questionaire. The Senate Judiciay Committee has put the questionaire online. Hotline On Call note Sotomayor completed her questionaire faster than any recent Supreme Court nominee.

Conservative pundits have accused Sotomayor of being not qualified and an affirmative action candidate. Sotomayor's list of awards should put that criticism to rest.


2009 Mujeres Destacadas Award
Presented by El Diario La Prensa
May 17, 2009 2009

New York State Women of Excellence Award
Presented by Gov. David A. Paterson
March 24, 2009

Urban Health Plan Wall of Fame Inducted,
September 21, 2007

Honorary Degree of Doctor of Laws
Northeastern University School of Law
May 25, 2007

Outstanding Professional Leadership Award
Presented by Latino Law Students Association
Columbia Law School
October 2006

Public Service Award
Presented by Latino Law Students Association Yale Law School
April 2006

John Carro Award for Judicial Excellence
Presented by Association of Judges of Hispanic Heritage, Inc.
October 30, 2005

Latina of the Year Judiciary Award
Presented by Hispanic National Bar Association
October 2005

Judicial Intern Program Award
Presented by Puerto Rican Bar Association
March 16, 2005

Myles A. Paige Award
Presented by the Judicial Friends Foundation
December 2003

Degree of Doctor of Laws Honoris Causa
Pace Law School
May 18, 2003

Most Influential Latin American in the Law Award
Presented by Latin American Law Students Association
Benjamin N. Cardozo School of Law
April 2002

Degree of Juris Doctor Honoris Causa
Brooklyn Law School
June 7, 2001

Degree of Doctor of Laws Honoris Causa
Princeton University
June 5, 2001

Arabella Babb Mansfield Award
Presented by National Association of Women Lawyers
July 8, 2000

The Charles W. Froessel Award
Presented by The New York Law School Law Review
April 7, 2000

Women’s History Month Celebration Honor
Presented by Gender Bias Committee
12th Judicial District
Unified Court System of the State of New York
March 9, 2000

Distinguished Lawyers Award
Presented by Lawyers College of Puerto Rico
September 11, 1999

Award for Life-Long Commitment, Dedication & Perseverance to Ensure
Fairness and Equality in the Legal Profession
Presented by Hispanic Bar Association of New Jersey
August 19, 1999

Degree of Doctor of Laws Honoris Causa
Lehman College of The City University of New York
June 2, 1999

Lance Liebman Nice Guys/Gals Do Not Necessarily Finish Last Award
Presented by Center for Public Interest Law
Columbia Law School
April 20, 1999

Gertrude E. Rush Award
Presented by National Bar Association
April 17, 1999 50 Outstanding Latinas of the Year Award Presented by el diario/LA PRENSA March 17, 1999

Key to the City
Presented by the City of Mayaguez, Puerto Rico
January 22, 1999

Women in Leadership Award
Presented by The Cervantes Society
October 28, 1998

Achievement Award
Connecticut Hispanic Bar Association
October 24, 1998

Certificate of Appreciation
Presented by Brooklyn Metropolitan Detention Center
September 15, 1998

Tribute to the Puerto Rican Woman Award
Presented by the National Puerto Rican Day Parade
May 7, 1998

Graciela Olivarez Award
Presented by the Hispanic Law Students Association
Notre Dame Law School
February 26, 1998

Certificate of Appreciation
Presented by Department of Justice
Federal Bureau of Prisons
Metropolitan Correctional Facility
October 3, 1997

Distinguished Woman in the Field of Jurisprudence Award
Presented by the Secretary of State of Puerto Rico
July 4, 1996

Award in Recognition of Outstanding Achievement
Presented by Latino American Law Students Association
Hofstra Law School
March 15, 1996

Award for Outstanding and Dedicated Service to the People of New York County Presented by the Hogan-Morgenthau Association
January 17, 1995

Lifetime Achievement Award
Presented by National Puerto Rican Coalition, Inc.
October 20, 1994

Certificate of Excellence
Presented by National Conference of Puerto Rican Women
New York City Chapter
March 24, 1994

Excellence With A Heart Medal
Presented by Cardinal Spellman High School
1993

Lifetime Achievement Award
Presented by the Latino Law Student Division of the Hispanic National Bar Association
September 25, 1993

Award for Commitment to the Preservation of Civil and Constitutional Rights for
All Americans
Presented by Hispanic National Bar Association
September 24, 1993

Human Rights Award for Service to Humanity
Presented by the Paralegal Studies Program of
Bronx Community College of the City University of New York
June 17, 1993

Claude E. Hawley Medal for Scholarship and Service
Presented by John Jay College of Criminal Justice
May 27, 1993

Outstanding Hispanic Women Achievers Award
Presented by the State of New York Governor’s Office for Hispanic Affairs
March 22, 1993

Emilio Nunez Award for Judicial Service
Presented by Puerto Rican Bar Association
1993
Citation of Merit
Presented by the Bronx Borough President
December 12, 1992


Conservative talk radio listeners will still believe Rush Limbaugh knows more about the law than Sotomayor.

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Thursday, February 14, 2008

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 Stage Walkout


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.

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Thursday, November 15, 2007

Dianne Feinstein's Vote For Michael Mukasey

I have pondered what exactly did Dianne Feinstein hope to gain by confirming Michael Mukasey. She is in a blue state and a safe seat. The only effect I see is Feinstein pissing off the base.

Feinstein explained her vote in a Los Angeles Times op-ed.


The Justice Department is in desperate need of effective leadership. It is leaderless, and 10 of its top positions are vacant. Morale among U.S. attorneys needs to be restored, priorities reassessed and a new dynamic of independence from the White House established.


Feinstein is incredibly naive if she thinks Mukasey is going to prosecute members of the Bush administration. Mukasey refuses to say that waterboarding is torture to protect the administration. The White House will never nominate an Attorney General that that would tell the Senate Judiciary Committee that Bush, Cheney, Rumsfeld and others have committed war crimes. Mukasey is "effective" leadership only for administration officials wishing to stay out of prison.

Scott Horton reported Mukasey all but guaranteed to the Federalist Society no special prosecutor would be appointed for the torture or U.S. Attorneys scandals. Effective leadership, indeed.

Democrasy For America has launched a campaign to have Feinstein removed from the Senate Judiciary Committee.


On Thursday, the Senate Judiciary Committee will vote on a rework of the FISA Act -- the law that's supposed to protect us all against illegal wiretapping.


When the Bush administration didn't want to follow this law, they asked major telephone companies like AT&T and Verizon to help. Several phone companies broke the law to help Dick Cheney read our emails and listen to our phone calls.


They knew it was illegal. But they didn't expect to get caught.


Now that they did, the Bush administration is trying to protect AT&T and others from lawsuits by granting retroactive immunity for breaking the law. The Senate Judiciary Committee can kill this bill if all ten Democrats vote against it.


Senator Feinstein is the only Democrat who says she'll vote for it.


Please call Senate Majority Leader Harry Reid right now and demand he remove Senator Feinstein from the committee and replace her with a Democrat who will stand up to President Bush's abuse of power.


Feinstein ignored civil and human rights, alienated the base and gave Republicans a victory. This is a horrible political and policy decision. The question is why did she vote for Mukasey? The answer is Feinstein really is naive. She hasn't learned anything about how the Bushies.

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Sunday, November 04, 2007

Russ Feingold On Michael Mukasey

Senate Judiciary member Russ Feingold will vote against the Michael Mukasey nomination.


I will vote against the nomination of Judge Mukasey to be the next Attorney General. This was a difficult decision, as Judge Mukasey has many impressive qualities. He is intelligent and experienced and appears to understand the need to depoliticize the Department of Justice and restore its credibility and reputation.


At this point in our history, however, the country also needs an Attorney General who will tell the President that he cannot ignore the laws passed by Congress. Unfortunately, Judge Mukasey was unwilling to reject the extreme and dangerous theories of executive power that this administration has put forward.


The nation's top law enforcement officer must be able to stand up to a chief executive who thinks he is above the law. The rule of law is too important to our country's history and to its future to compromise on that bedrock principle.


That is good news. Senate Democrats shouldn't be a rubber stamp for Bush. If Mukasey can't give a straight forward answer about waterboarding then he doesn't deserve to be the nation's top law enforcement attorney.

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Thursday, July 26, 2007

Here Comes the Subpoenas

Karl Rove and Scott Jennings have been subpoenaed by the Senate Judiciary Committee. Democrats sent a letter to Solicitor General Paul Clement. They have asked special counsel to investigate to investigative if Alberto Gonzales perjured himself to Congress.

Gonzales made claim that he visited John Ashcroft's hospital room. There have been news stories that Gonzales was seeking approval to continue a classified surveillance program. Gonzales wished to circumvent acting Attorney General James Comey. Ashcroft turned down Gonzales's request.

Gonzales testified that he visited the hospital on the behave of Democrats. Tom Daschle, Jay Rockefeller, Jane Harman and Nancy Pelosi stated that is false. Futhermore, an Office of the Director of National Intelligence document reveal that Democrats did not dicuss reauthorization of the domestic surveillance program during the March 10, 2004 meeting. Gonzales's cover story has been blown by eyewitnesses and documentation.

Testifying before a Congressional committee is the same as testifying in court. The laws of perjury apply. Elliott Abrams pleaded guilty to Congress to two felonies for perjuring himself to Congress. Abrams said these word to John Kerry about Contra funding.


"I can say that while I have been assistant secretary, which is about 15 months, we have not received a dime from a foreign government, not a dime, from any foreign government."


Prince Bandar bin Sultan of Saudi Arabia funneled 32 million of his country's money to the Contras. The current President gave him the nickname Bandar Bush.



In other news: The House Judiciary Committee voted to file contempt charges against Joshua Bolton and Harriet Miers. Bolton accompanied Gonzales to visit Ashcroft. Miers was part of the email exchanges dealing with the U.S. Attorneys purging.


“In our system of government, no one is above the law,” Rep. John Conyers, the committee’s chairman, said in a letter to the White House.


Tony Snow responded by kicking out a Yiddish diss. I swear I'm not making this up.


“This is pathetic,” said White House spokesman Tony Snow. “We have hundreds of hearings that have produced bupkis.”


The literal definitions of bupkis is beans. Perhaps Snow is confusing the judiciary committees the House Committee on Agriculture.

If that was the case then Mr. Snow wouldn't be in full spin mode.

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Thursday, May 17, 2007

Justice Department Cards Crumbling Down

The testimony between of Jemes Comey is amazing. Alberto Gonzales and Andy Card were attempting to go around acting Attorney General Jame Comey by having an ailing John Ashcroft approve a domestic spying program. The matter is made more distasteful by the fact Ashcroft was bed ridden in George Washington hospital.

COMEY: That he had gotten a call from Mrs. Ashcroft from the hospital. She had banned all visitors and all phone calls. So I hadn't seen him or talked to him because he was very ill.

And Mrs. Ashcroft reported that a call had come through, and that as a result of that call Mr. Card and Mr. Gonzales were on their way to the hospital to see Mr. Ashcroft.
SCHUMER: Do you have any idea who that call was from?

COMEY: I have some recollection that the call was from the president himself, but I don't know that for sure. It came from the White House. And it came through and the call was taken in the hospital. So I hung up the phone, immediately called my chief of staff, told him to get as many of my people as possible to the hospital immediately. I hung up, called Director Mueller and -- with whom I'd been discussing this particular matter and had been a great help to me over that week -- and told him what was happening. He said, "I'll meet you at the hospital right now." Told my security detail that I needed to get to George Washington Hospital immediately. They turned on the emergency equipment and drove very quickly to the hospital. I got out of the car and ran up -- literally ran up the stairs with my security detail. SCHUMER: What was your concern? You were in obviously a huge hurry.

COMEY: I was concerned that, given how ill I knew the attorney general was, that there might be an effort to ask him to overrule me when he was in no condition to do that.

SCHUMER: Right, OK.

COMEY: I was worried about him, frankly. And so I raced to the hospital room, entered. And Mrs. Ashcroft was standing by the hospital bed, Mr. Ashcroft was lying down in the bed, the room was darkened. And I immediately began speaking to him, trying to orient him as to time and place, and try to see if he could focus on what was happening, and it wasn't clear to me that he could. He seemed pretty bad off. SCHUMER: At that point it was you, Mrs. Ashcroft and the attorney general and maybe medical personnel in the room. No other Justice Department or government officials. COMEY: Just the three of us at that point. I tried to see if I could help him get oriented. As I said, it wasn't clear that I had succeeded.

I went out in the hallway. Spoke to Director Mueller by phone. He was on his way. I handed the phone to the head of the security detail and Director Mueller instructed the FBI agents present not to allow me to be removed from the room under any circumstances. And I went back in the room.

I was shortly joined by the head of the Office of Legal Counsel assistant attorney general, Jack Goldsmith, and a senior staffer of mine who had worked on this matter, an associate deputy attorney general. So the three of us Justice Department people went in the room. I sat down...

SCHUMER: Just give us the names of the two other people.

COMEY: Jack Goldsmith, who was the assistant attorney general, and Patrick Philbin, who was associate deputy attorney general.

I sat down in an armchair by the head of the attorney general's bed. The two other Justice Department people stood behind me. And Mrs. Ashcroft stood by the bed holding her husband's arm. And we waited.

And it was only a matter of minutes that the door opened and in walked Mr. Gonzales, carrying an envelope, and Mr. Card. They came over and stood by the bed. They greeted the attorney general very briefly. And then Mr. Gonzales began to discuss why they were there -- to seek his approval for a matter, and explained what the matter was -- which I will not do.

And Attorney General Ashcroft then stunned me. He lifted his head off the pillow and in very strong terms expressed his view of the matter, rich in both substance and fact, which stunned me -- drawn from the hour-long meeting we'd had a week earlier -- and in very strong terms expressed himself, and then laid his head back down on the pillow, seemed spent, and said to them, "But that doesn't matter, because I'm not the attorney general."

President Bush ducked the question of whether he ordered Gonzales and Card to have Ashcroft approve the domestic spying program.


O'Donnell: There's been some very dramatic testimony before the Senate this week from one of your former top justice department officials, who describes a scene that some Senators called stunning about a time when the warrantless wiretap program was being reviewed. Sir, did you send your then chief of staff and White House counsel to the bedside of John Ashcroft, while he was ill to get him to approve os that program and do you believe that kind of conduct from White House officials is appropriate?


Bush: Kelly, there's a lot of speculation about what happened and what didn't happen and I'm not going to talk about it…It's a very sensitive program…


Bush then proceeds to go into usual talking points about the war on terror.

Democrats in the Senate Judiciary Committee held a Statement of No Confidence in Alberto Gonzales.

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Monday, March 26, 2007

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.

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