Earlier this month, a two-month independent investigation of ACORN, by former Massachusetts Attorney General Scott Harshbarger, found incidents of mismanagement, but no criminal wrongdoing by ACORN, the favorite whipping boy of Republican scammers such as Glenn Beck, Rush Limbaugh, Fox "News" and the GOP itself. That investigation (full report here [PDF]) also found that the "sting videos" used recently against ACORN were highly doctored and manipulated.

Of course, readers of The BRAD BLOG know the Republicans' entire, long, sad, anti-democratic (small "d" and large "d" both) campaign is based on little more than the fact that ACORN registers millions of legal low and middle income voters who tend to vote overwhelmingly Democratic (large "d") rather than Republican, and the GOP and their democracy-hating proxies will go to any lengths to keep those legal voters from exercising their legal franchise.

And today, once again, ACORN is cleared of wrongdoing vis a vis yet another independent investigation, this one by the Congressional Research Service [PDF], as noted in a press release from U.S. House Judiciary Chair John Conyers this afternoon (posted in full below).

Of most note to our readers, Conyers' statement points out what we've been pointing out - over and over and over again for years: "There were no instances of individuals who were allegedly registered to vote improperly by ACORN or its employees and who were reported 'attempting to vote at the polls.'" Who knew?! What a surprise! (At least to Fox "News" viewers, who probably won't hear about this report either.)

Also: "No instances were identified in which ACORN 'violated the terms of federal funding in the last five years.'"

And: "Recently enacted federal legislation to prohibit funding to ACORN raises significant constitutional concerns. The courts 'may have a sufficient basis' to conclude that the legislation 'violates the prohibition against bills of attainder.'" That finding is one that a federal judge also recently concurred with, when she issued an injunction earlier this month to keep the law from taking affect since ACORN had "been singled out by Congress for punishment that directly and immediately affects their ability to continue to obtain federal funding, in the absence of any judicial, or even administrative, process of adjudicating guilt."

Finally, according to today's report, Andrew "Drudge's Poodle" Breitbart's phony video-taped "sting operation" against ACORN may, itself, have violated the law in both California and Maryland, about which we might ironically recommend to prosecutors: "Capital punishment" for Andrew Breitbart!

The short press release from Conyers, announcing the new report's bullet points, follows below...

UPDATE: And coverage of the NYTimes burial of this report, now follows below it...

Guest editorial by Ernest A. Canning

In "Single-Payer and the 'Democracy Deficit'," citing empirical studies, polls and the extensive data assembled by Physicians for a National Health Program, I argued that the current for-profit health care system is not merely corrupt, irrational and dysfunctional, but deadly; that it pits the obscene profits of a few health insurance company CEOs and their Wall Street investors against the health of our people, whose very lives are treated as nothing more than a commodity.

In that article, and in subsequent posts, I noted that those who seek to preserve the status quo are advocating nothing less than a death sentence for the more than 18,000 Americans who die each year simply because they can't afford insurance; that countless others die after being denied vital procedures.

I cited empirical data that demonstrates that so-called hybrid systems, including one with a "public option," are inordinately expensive as most of the monies find their way into the insurance industry coffers by way of subsidies. Single-payer systems, with administrative costs in the 1% to 2% range, are far more efficient than our multi-payer system where 31% is squandered on for-profit carriers.

I pointed to the undue influence of corporate campaign contributions which have corrupted the legislative process, where the likes of Senator Max Baucus (D-MT) have worked tirelessly to keep single-payer off-the-table. In yet another piece, I noted how wing-nut mobs have provided cover for this betrayal of the American people.

Well, here's your chance, America...

[8/26/09: Updated at bottom of article.]

After many weeks of speculation, and embarrasingly bad media coverage, Attorney General Eric Holder has finally named a Special Prosecutor to probe the use of torture by the Bush/Cheney Administration. The announcement comes on the same day that a redacted version of a 2004 Inspector General's report [PDF] on the CIA's use of torture was also released. RAW STORY has a good backgrounder on the announcement.

The prosecutor, John Durham, a career DoJ attorney from Connecticut, has already been investigating the CIA's destruction of torture video tapes, and has been described by AP as "one of the nation’s most relentless prosecutors."

The IG's 122-page report details the beating and death of detainees, threats of violence, death and sexual assault to their family members, and other techniques used by U.S. government interrogators that were "inconsistent with the public policy positions that the U.S. has taken regarding human rights."

Shortly after the announcement today, U.S. House Judiciary chair John Conyers (D-MI) and subcommittee chair Jerrold Nadler (D-NY) released a statement applauding the appointment of the Special Prosecutor and calling for a 'broad mandate' to prosecute not just 'frontline personnel,' but also the 'policymakers and lawyers' who created the "conditions where such absues were all but inevitable to occur."

"Seeking out only the low-level actors in a conspiracy to torture detainees will bring neither justice nor restored standing to our nation," says Nadler in the statement (posted in full below)...

[Updated 8/3/09: Republican attorney and whistleblower Jill Simpson says Rove broke the law in given his interviews to to WaPo and NYTimes. See update at bottom of article for details.]

Well, this is interesting...Seems Rove has now met a second time behind closed doors with the U.S. House Judiciary Committee today, according to this breaking report from Washington Post which also includes a review of newly disclosed email showing he "and other high-ranking figures in the Bush White House played a greater role than previously understood" in the U.S. Attorney Purge.

WaPo reports "The e-mails emerged as Rove finished his second day of closed-door-testimony Thursday about the firings to the House Judiciary Committee." He had previously met with Judiciary Committee members in early July.

Keep in mind, as you read the article, that their piece feeds off of an "hour-long interview with The Post and the New York Times this month", so the piece is likely to offer a Rove-friendly framing to be taken with a grain of salt or three. Eg. "Rove described himself as merely passing along complaints by senators and state party officials to White House lawyers."

Marcy Wheeler at emptywheel concurs there is much "Rove spin" throughout the piece. She also asserts the newly revealed email may well have come from Rove and/or his attorney Robert Luskin who have a habit of leaking friendly documents to media whenever convenient, and in hopes of controlling the public reportage. Papers like WaPo and NYTimes have been historically all too happy to serve them to that end over the years.

The paper also reports the WaPo/NYTimes interview was "conducted on the condition that it not be released until Rove's House testimony concluded." So the release of the piece would seem to signal that the behind-closed-doors testimony --- about which our Judiciary sources have been incredibly tight-lipped --- has now ended. Rove, and Harriet Miers, however, could still be called for public testimony before the committee according to the agreement between Bush Administration attorneys and the Judiciary Committee, as (questionably) brokered by the Obama White House. It also means that Judiciary sources may well begin revealing details and/or transcripts of the interviews soon, now that they've concluded (as per the agreement). So, of course, Rove is trying to get out in front of that with his own spin.

Here's WaPo's lede...

UPDATE: NYTimes' article confirms the emails came from Rove himself. Their lede is even more favorable to him, in his attempt to downplay his role in the firings of 9 Republican U.S. Attorneys who, among other things, were not pursuing phony "voter fraud" investigations enough for the GOP, or otherwise pursuing corruption charges against Republican officials.

As in WaPo's coverage, NYTimes offers Rove's spin that he "did not involve himself in the details of the dismissals" and merely "went along" with the firings (rather than helped orchestrate them).

Here's a particularly fresh spin on the entire affair from Rove, that I don't recall seeing before...

In response to AP's Friday headline announcing "Conyers wants criminal probe of Bush 'abuses,'" David Swanson posts this "important breaking sarcasm"...

See Swanson for the rest...

Guest Editorial by Ernest A. Canning

"Americans think that it’s healthcare that produces health, when there really is very little evidence for that. What turns out to be really important is the nature of caring and sharing in society….Where societies are more equal --- and economic equality is the thing that is most important in this --- people look after each other…and pretty well everyone does better. There’s almost nothing that is better in a society that tolerates the extreme levels of inequality in the United States. And so, we end up dying younger than people in all the other rich countries, despite spending half the world’s healthcare bill." - Dr. Stephen Bezruchka, March 30, 2009

"Who are we? Is this what we have become --- a nation that dumps people off like garbage who can't pay their hospital bills?" - Michael Moore, following a segment in which a confused elderly woman in a flimsy hospital gown is dumped curbside near a Skid Row rescue mission, in his documentary Sicko!*

In Failed States (2006), Prof. Noam Chomsky, a preeminent linguist and one of this nation’s most prolific political writers, concludes that the U.S. suffers from a “democracy deficit” --- the significant gap between the policy positions of the electorate and their elected representatives --- which he attributes to the manner in which “elections are skillfully managed to avoid issues and marginalize the underlying population…freeing the elected leadership to serve the substantial people.”

The deficit is especially acute in what Chomsky describes as “the most dysfunctional healthcare system in the industrial world.” Chomsky notes that a single-payer system --- that is a system in which all medical providers would be paid by a government entity as now occurs with Medicare --- has long been overwhelmingly favored by “a considerable majority” of the American people, but routinely dismissed by both the corporate media and the leaders of both political parties as “lacking political support” and not being “politically possible.”

The issue touches on the core contradictions which arise because we have allowed private authoritarian entities, corporations, to subvert democracy by controlling our economy, our mass media and the manner in which we conduct elections.

This piece will focus on the irrationality of a privatized health care system which values the wealth of a handful of CEOs of the parasitic and entirely unnecessary middle-men --- for-profit carriers and HMOs --- over the health and very lives of our people. It will explain what corporate America and their bought-and-paid-for politicians do not want you to hear...

[See update at bottom of article, for response from whistleblower in Don Siegelman case.]

Given the questions concerning whether or not Karl Rove and Harriet Miers will be required to testify under oath as part of their agreement to give "transcribed depositions under penalty of perjury" concerning the U.S. Attorney purge scandal, as announced yesterday by House Judiciary chairman John Conyers, we thought we'd seek some clarification.

We asked a senior source on the U.S. House Judiciary team whether or not taking an oath before testifying would be required, or whether the agreement requires Rove and Miers not be placed under oath. Writes our source in reply:

See the copy of 18 USC, Sec. 1001, as sent by the House Judiciary source below...

In today's Tim Dickinson interview with House Speaker Nancy Pelosi in Rolling Stone, it sure seems like she's leaning towards accountability for the criminals in the Bush Administration. Many of her words sound like the correct ones, even if she's a bit too enamored of Leahy's "Truth and Reconciliation Committee" proposal, which, among other "shameful" things, would likely results in a whole bunch of immunity, to a whole bunch of folks who deserve no such thing.

But she says she supports what Conyers is doing in the Judiciary Committee, in continuing to pursue Rove, Bolten and Miers. She says she can foresee a scenario in which senior members of the Administration are actually prosecuted. She says "The American people do not want wrongdoing to go unaddressed." She even said similar words to Fox "News" two days before the Inauguration.

So why does it always feel like she's still sitting on a fence? And, if she really believes these words she says, as House Speaker, can't she do more to make them happen?

Here's the snippets of note from Dickinson's interview. You tell us what the inscrutable Speaker really means. Or does she even know herself?...

U.S. House Judiciary Chairman John Conyers (D-MI) has subpoenaed Karl Rove today, yet again (the third time, for those keeping score at home), to give sworn, public testimony before the committee on February 23rd concerning the politicization of the U.S. Dept. of Justice during the Bush Administration.

Today's subpoena was sent to Rove's attorney Robert D. Luskin. It's accompanied by a brief, two-page letter [PDF] in which the Congressman politely refuses a request by the attorney to delay Rove's appearance, yet again. The previous subpoena required Rove's appearance on Feb. 2nd, but was delayed at his request and rescheduled for the 23rd at that time.

Following the previous subpoena, Rove told Fox "News" that he would refuse to testify, and committee member Rep. Jerrold Nadler (D-NY) responded on MSNBC by saying that he would either testify, or go to jail.

At the end of today's letter, refusing Luskin's request for further delay, Conyers, rather amusingly, notes:

RAW STORY's John Byrne reports that request for comment from Luskin was responded to with an auto-reply email stating that Luskin would "be out of the office and unable to check emails or voicemails until February 23, 2009."

UPDATE 2/14/09: "White House counsel Gregory Craig issued a statement late Friday encouraging former Deputy White House Chief of Staff Karl Rove to cut a deal with Congress, an indication the new administration has begun to put pressure on President George W. Bush's former chief adviser." More details...

UPDATE 2/16/09: "Representatives of the Bush White House are no longer advising former White House Deputy Chief of Staff Karl Rove that he is protected by executive privilege as regards testimony about the alleged political prosecution of an Alabama governor.

"In an exchange with Raw Story, Rove’s Washington, D.C. attorney, Robert Luskin, also said Rove won’t invoke his Fifth Amendment right to protect himself from self-incrimination, if and when he testifies about the firing of nine US Attorneys and the prosecution of the former governor." More details...

Last night, on Bill "Paul Revere" O'Reilly's show on Fox "News," Karl Rove said he planned to refuse to testify before the U.S. House Judiciary Committee next Monday, as required by the new Congressional subpoena he was served on Monday.

Mr. "Revere" noted, at the end of the interview, that he offered Rove the opportunity to not discuss the issue on the program. "I told Mr. Rove, 'Look, if you don't want to talk about this tonight, you don't have to,'" the hard-nosed, fair and objective, no-spin "newsman" said.

Offering further to further aide and abet Rove in dodging the rule of law and a Congressional subpoena, the courageous O'Reilly told Rove, "If you need a place to hide out, we have it here at the Factor." Impressive stuff. Video via RAW STORY...

UPDATE 1/30/09: House Judiciary's Rep. Jerrold Nadler (D-NY) says Rove will either testify or go to jail. (Also, hearing date postponed to Feb. 23rd) Video, details...

Well, now, this could get interesting. Just in from Conyers' office...

Monday, January 26, 2009

Conyers Subpoenas Karl Rove: "It's Time to Talk"

(Washington, D.C.) --- Today, House Judiciary Committee Chairman John Conyers, Jr. issued a subpoena to Karl Rove requiring him to testify regarding his role in the Bush Administration's politicization of the Department of Justice, including the US Attorney firings and the prosecution of former Alabama Governor Don Siegelman. The subpoena was issued pursuant to authority granted in H.R. 5 (111th Congress), and calls for Mr. Rove to appear at deposition on Monday, February 2, 2009. Mr. Rove has previously refused to appear in response to a Judiciary Committee subpoena, claiming that even former presidential advisers cannot be compelled to testify before Congress. That "absolute immunity" position was supported by then-President Bush, but it has been rejected by U.S. District Judge John Bates and President Obama has previously dismissed the claim as "completely misguided."

"I have said many times that I will carry this investigation forward to its conclusion, whether in Congress or in court, and today's action is an important step along the way," said Mr. Conyers. Noting that the change in administration may impact the legal arguments available to Mr. Rove in this long-running dispute, Mr. Conyers added "Change has come to Washington, and I hope Karl Rove is ready for it. After two years of stonewalling, it's time for him to talk."

A copy of the subpoena is attached.

Here's the subpoena [PDF]...

UPDATE 1/27/09: Rove's attorney, Robert Luskin, attempts to put the ball in Obama's court. As we noted originally, this is gonna get very interesting...

UPDATE 1/28/09: The 'liberal' New York Times hate Bush and Rove so much they found this item notable enough to...bury on page 23. Details...

UPDATE 1/29/09: Rove tells Bill O'Reilly he won't answer the subpoena. Video, details...

UPDATE 1/30/09: House Judiciary's Rep. Jerrold Nadler (D-NY) says Rove will either testify or go to jail. (Also, hearing date postponed to Feb. 23rd) Video, details...

The chairman of the U.S. House Judiciary Committee, Rep. John Conyers, is calling on the John McCain campaign to "immediately halt Republican vote suppression efforts," as seen recently in Michigan --- where a county GOP chair announced his intention to use home foreclosure lists to challenge voter eligibility at the polls on Election Day --- and elsewhere.

Conyers has announced hearings on these issues, and is calling on Attorney General Michael Mukasey to launch an immediate "full scale investigation" into these matters. He has sent letters both to McCain [PDF] and to Mukasey [PDF] (the latter signed by 23 members of Congress) to that effect, as well as issuing the following statement today...