Reidblog [The Reid Report blog]

Think at your own risk.
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Monday, July 30, 2007
THE math
Forget about the polls. Keep your eyes on this map. 2008 is about the West: Colorado, New Mexico, Arizona and Nevada. Period.

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posted by JReid @ 8:06 PM  
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Albertogate redux
Gonzo gets the Isikoff treatment in the latest explication of his midnight ride to push John Ashcroft to sign onto warrantless wiretapping through the fog of medication.

Aug. 6, 2007 issue - Late on the afternoon of March 10, 2004, eight congressional leaders filed into the White House Situation Room for an urgent briefing on one of the Bush administration's top secrets: a classified surveillance program that involved monitoring Americans' e-mails and phone calls without court warrants. Vice President Dick Cheney did most of the briefing. But as he explained the National Security Agency program, the lawmakers weren't fully grasping the dimensions of what he was saying. Tom Daschle, then the Senate minority leader, tells NEWSWEEK that Cheney "talked like it was something routine. We really had no idea what it was all about." Still, as Daschle recalls, there were "a lot of concerns" expressed by some Democrats in the room when Cheney asked for their approval to continue the program. House Speaker Nancy Pelosi, then the House minority leader, recalls that she "made clear my disagreement with what the White House was asking."

Last week, embattled Attorney General Alberto Gonzales gave a different account of the briefing, provoking yet another controversy in his tenure as the country's top law-enforcement officer. In testimony before the Senate Judiciary Committee, Gonzales, who participated in the briefing as the White House counsel, said the legislators were told the deputy attorney general at the time, James Comey, had raised objections to the program. Gonzales said there was "consensus" that the program, aimed at catching terrorists, was needed. "The congressional leadership ... told us, 'Continue going forward with this very important intelligence activity'," Gonzales testified.

It was only after getting that go-ahead, Gonzales said, that he and then White House chief of staff Andrew Card visited the hospital room of John Ashcroft, the gravely ill attorney general recovering from surgery. Gonzales tried, unsuccessfully, to get the heavily medicated Ashcroft to overrule Comey—a pivotal moment in one of the fiercest behind-the-scenes clashes of the Bush presidency. ...
Another interesting bit:

Congressional Democrats plan to step up the heat in coming weeks, pressing for Justice memos and other documents. They also plan to call a potentially crucial witness: Jack L. Goldsmith, the former chief of Justice's Office of Legal Counsel. It was Goldsmith who wrote a key opinion concluding the eavesdropping program was illegal. A conservative lawyer now at Harvard, Goldsmith, who declined to comment, will have every incentive to talk. He is due to publish a new book this fall called "The Terror Presidency: Law and Judgment Inside the Bush Administration." According to its Amazon.com listing, the book will chronicle how the president's "apparent indifference to human rights has damaged his presidency." On the cover are pictures of Bush, Cheney—and Gonzales.
Hm. ... Read the entire piece here.

Meanwhile, House Democrats plan to push for Gonzo's impeachment. Too bad nobody has the cojones to do the same to the president.

Update: Arlen Specter has given Alberto one more day to clarify his testimony, or else ... or else, what, Arlen? Hm?

Update 2: Watch Albertcito dodge reporters in Miami... he was in town to hide amongs the Black law enforcement officers and talk about crime. Imagine, a perjurer lecturing police officers about crime. That's about as good as it gets...


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posted by JReid @ 7:51 PM  
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The bridge to nowhere ... when nowhere is prison
The FBI and IRS have raided the home of Republican Senator Ted Stevens of Alaska.

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posted by JReid @ 7:47 PM  
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Roberts' fall was a seizure
The Chief Justice of the Supreme Court is in the hospital. The seizure is from an unknown cause...

Update: More details have been released about Chief Justice Roberts' seizure:
St. George Ambulance responded to a call at about 2 p.m. Monday of a man who had fallen 5 to 10 feet and landed on a dock, hitting the back of his head. The patient was ashen and was foaming at the mouth. National news report quotes a Supreme Court spokeswoman as saying that Roberts was conscious the entire time of the incident. That spokeswoman has not returned a telephone call to the newspaper.

PBMC issued a statement at about 7 p.m., saying that Roberts was being kept overnight as a precaution and was recovered. He suffered some minor scrapes from the fall, the hospital stated. A comprehensive neurological examination was administered to the chief justice and the seizure was determined to be a benign one, the hospital stated. The chief justice suffered a similar seizure in 1993.
Scary.

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posted by JReid @ 7:43 PM  
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To the lions!

Soccer (that's football, to you) may not be able to save Iraq, but for a few brief hours this weekend, it did bring that broken country together. What a great story -- despite the revelers throwing their Kalashnakovs in the air and waving them like they just don't care, resulting in at least four accidental deaths, not to mention the bombers who were determined to turn the festivity into tragedy, the way a bomber did after Iraq clinched the semifinals. The Iraqi team, known as the "Lions of Mesopotamia," is comprised of Sunnis, Shiites and Kurds, who played together as Iraqis, though they had to practice as Jordanians, since it's too dangerous for them to practice at home on one of those soccer fields our troops are risking their lives to construct. And they are an example of what Iraq can be -- plural, unified, and nationalistic beyond the constrictive bounds of sect.

But wait, it gets better...

The guy who scored the winning goal to clinch the 1-0 victory over Saudi Arabia?  He told the press afterward that U.S. troops should get out of Iraq. Like, yesterday.



Ah, freedom.

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posted by JReid @ 7:24 PM  
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Sunday, July 29, 2007
Even the flacks are in hiding
Fox News can't find anyone in the White House or on Capitol Hill to come on Chris Wallace's White House/GOP hour and defend Alberto Gonzales, and Newt Gingrich treats the A.G. like a spoiled, smelly enchilada. Watch and enjoy. (Sigh.) Pobre Albertcito...

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posted by JReid @ 2:04 PM  
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Even the chaplain was lying
The soldier who was with Pat Tillman at the time of his death contradicts the official account, including that of the chaplain who supposedly took the soldier's statement. From the AP:
SAN FRANCISCO (AP) - As bullets flew above their heads, the young soldier at Pat Tillman's side started praying. "I thought I was praying to myself, but I guess he heard me," Sgt. Bryan O'Neal recalled in an interview Saturday with The Associated Press. "He said something like, 'Hey, O'Neal, why are you praying? God can't help us now.'"
Tillman's intent, O'Neal said, was to "more or less put my mind straight about what was going on at the moment."
"He said, 'I've got an idea to help get us out of this,'" said O'Neal, who was an 18-year-old Army Ranger in Tillman's unit when the former NFL player was killed by friendly fire in Afghanistan in April 2004.

O'Neal said Tillman, a corporal, threw a smoke grenade to identify themselves to fellow soldiers who were firing at them. Tillman was waving his arms shouting "Cease fire, friendlies, I am Pat (expletive) Tillman, damn it!" again and again when he was killed, O'Neal said.

A chaplain who debriefed the entire unit days after Tillman's death later described this exchange to investigators conducting a criminal probe of the incident. But O'Neal strongly disputes portions of the chaplain's testimony, outlined in some 2,300 pages of transcripts released to the AP this week by the Defense Department in response to a Freedom of Information Act request.

The chaplain told investigators that O'Neal said Tillman was harsh in his last moments, snapping, 'Would you shut your (expletive) mouth? God's not going to help you; you need to do something for yourself, you sniveling ..."
"He never would have called me 'sniveling,'" O'Neal said. "I don't remember ever speaking to this chaplain, and I find this characterization of Pat really upsetting. He never once degraded me. He's the only person I ever worked for who didn't degrade anyone. He wasn't that sort of person."
The chaplain's name is blacked out in the documents.
Not to sound conspiratorial, but can you imagine what it would have meant to the Bush administration, just after the Abu Ghraib disaster, to have a famed NFL player turned warrior in Afghanistan come out publicly against the Iraq war, which Tillman may have been preparing to do? Just sayin' ... anyway, more from the AP story:
Soldiers and commanders who worked with Tillman have repeatedly testified that he was respected, admired and well-liked.

In the same testimony, medical examiners said the bullet holes in Tillman's head were so close together that it appeared the Army Ranger was cut down by an M-16 fired from a mere 10 yards or so away.

O'Neal said the shooters were "close, close enough for me to recognize them, but they sure weren't 10 yards away. They were further than that. I've thought about this plenty of times. They wouldn't have been more than 50 yards away."

Another key issue raised in the transcripts involved never-before-mentioned snipers who were apparently there when the firing broke out, got out of their vehicle and walked alongside the convoy, cutting up the canyon firing.

O'Neal said Saturday that he knew there were snipers in the convoy that fired at them, but that he can't remember their names. Were they fired at by the snipers? "Not that I know of," O'Neal told the AP.

His recollections of the snipers reflected other testimony in the transcripts, including answers given by Capt. Richard Scott, who conducted the first, immediate investigation:

Q: Are you aware whether or not any U.S. forces snipers were at the scene?
Scott: They were in serial two.

Q: And, and do you know whose GMV (ground mobility vehicle) they were traveling in?
Scott: I don't think they were in a GMV. I think they were in a cargo Humvee.
Q: Okay. Do you know if the snipers fired any rounds during this incident involving CPL Tillman?
Scott: I do not, no.
More questions here than answers, to be sure. And while we're at it, recall that the Tillman death, and White House conversations with the military about it, are the subject of one of Fred Fielding's many executive privilege filings on behalf of President Bush... one wonders why...

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posted by JReid @ 1:45 PM  
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When you're in a hole, stop digging ... unless you have a magic spade
President Bush is either the most balsy politician ever made, or he's completely insane. In response to the continuing controversy over his illegal warrantless wiretapping scheme, a scandal that has brought his attorney general to the brink of criminal perjury and possibly other charges, Bush has presented Congress with a new demand: in short -- "give me the legal authority to use our foreign intelligence services to spy on Americans." It's a stunning development, even for this president. Bloomberg reports:
July 28 (Bloomberg) -- President George W. Bush urged Congress to pass legislation to expand potential surveillance targets, a step he said is important to help fight terrorism.

Bush's plea comes days after Robert Mueller, director of the Federal Bureau of Investigation, said he had serious concerns about the Bush administration's terrorism surveillance program, saying there had been a dispute in the administration over the spying.

``Today we face sophisticated terrorists who use disposable cell phones and the Internet to communicate with each other, recruit operatives, and plan attacks on our country,'' Bush said in his weekly radio address.
Equally stunning, is the fact that it appears that Democratic leaders are actually considering accommodating Bush's demand. More from Bloomberg:
House Speaker Nancy Pelosi said yesterday that Democrats would advance a proposal next week to revise laws governing the the Bush administration's warrantless wiretapping programs under the Foreign Intelligence Surveillance Act.

Bush said Congress should update the law to include people in the U.S. suspected of possessing significant information on terrorists or enemy government plots. The law now allows the government to get court approval for eavesdropping only if it shows a clear link to an enemy government or terrorist group.

``The law is badly out of date,'' Bush said. ``Our intelligence community warns that under the current statute, we are missing a significant amount of foreign intelligence that we should be collecting to protect our country.''

The Bush administration in April proposed legislation to update FISA to take into account the development of cell phones and e-mail, which they say has made it easier for terrorists to communicate.
Nancy, are you serious???

Could it be that Bush is being this assertive because his dutiful White House monkeys have found the secret key to get Alberto out of lock-up, preserving the presence of the most scandalized attorney general, the better to keep the cover-up of Bushie crimes going?

Let's review...

The New York Times on Saturday revealed new details about the fight within the U.S. intelligence community -- the one Alberto Gonzales claimed wasn't going on in his perjurious testimony before the Senate Judiciary Committee last week -- over warrantless spying on Americans. And if you read the article carefully, it reads like a very clever plant from administration loyalists to very carefully ease Alberto off the perjury hot seat. Here's an excerpt from the Times article:
WASHINGTON, July 28 — A 2004 dispute over the National Security Agency’s secret surveillance program that led top Justice Department officials to threaten resignation involved computer searches through massive electronic databases, according to current and former officials briefed on the program.

It is not known precisely why searching the databases, or data mining, raised such a furious legal debate. But such databases contain records of the phone calls and e-mail messages of millions of Americans, and their examination by the government would raise privacy issues.

The N.S.A.’s data mining has previously been reported. But the disclosure that concerns about it figured in the March 2004 debate helps to clarify the clash this week between Attorney General Alberto R. Gonzales and senators who accused him of misleading Congress and called for a perjury investigation.

The confrontation in 2004 led to a showdown in the hospital room of then Attorney General John Ashcroft, where Mr. Gonzales, the White House counsel at the time, and Andrew H. Card Jr., then the White House chief of staff, tried to get the ailing Mr. Ashcroft to reauthorize the N.S.A. program.

Mr. Gonzales insisted before the Senate this week that the 2004 dispute did not involve the Terrorist Surveillance Program “confirmed” by President Bush, who has acknowledged eavesdropping without warrants but has never acknowledged the data mining.

If the dispute chiefly involved data mining, rather than eavesdropping, Mr. Gonzales’ defenders may maintain that his narrowly crafted answers, while legalistic, were technically correct.
Really? A bit more:
A half-dozen officials and former officials interviewed for this article would speak only on the condition of anonymity, in part because unauthorized disclosures about the classified program are already the subject of a criminal investigation. Some of the officials said the 2004 dispute involved other issues in addition to the data mining, but would not provide details. They would not say whether the differences were over how the databases were searched or how the resulting information was used.

Nor would they explain what modifications to the surveillance program President Bush authorized to head off the threatened resignations by Justice Department officials.

An agency spokesman declined to comment on the data mining issue but referred a reporter to a statement issued earlier that Mr. Gonzales had testified truthfully.
Are these unauthorized leaks to the Times, which, recall, was the preferred recipient of Ahmad Chalabi and Pentagon leaks in the run-up to the Iraq war... or are these strategic leaks intended to push Congress off the independent counsel track? So now, Alberto was obfuscating about the data mining, and not the eavesdropping part of the TSP? Then why did FBI director Mueller acknowledge, during questioning before the House Judiciary Committee, that the disputes inside the administration indeed involved the Terror Surveillance Program -- in toto, one must assume -- unless the administration is now trying to divorce the data mining from the program intended to benefit from it? It will be worth watching whether Russert and Stephanopoulos use the NYT article to let Alberto off the hook (my money's on their doing just that.) Two more key paras from the article, which has also been picked up by the Washington Post:
The first known assertion by administration officials that there had been no serious disagreement within the government about the legality of the N.S.A. program came in talks with New York Times editors in 2004. In an effort to persuade the editors not to disclose the eavesdropping program, senior officials repeatedly cited the lack of dissent as evidence of the program’s lawfulness.

In December 2005, The Times published articles describing the program, the data mining and the internal legal debate. The newspaper reported that the N.S.A. had combed large volumes of telephone and Internet traffic in search of patterns that might point to terrorism suspects.
In other words, the data mining and the wiretapping were part and parcel of the same, illegal, program. But look for poor Tony Snow to be given a new talking point to add to his rather pathetic, flailing defense of Albertcito last week. Now, Tony can say to Chris Matthews, over pizza, apparently, that Alberto couldn't testify fully about the programs that were in dispute, because they involved ... voila! ... data mining, and not warrantless wiretapping, which "everybody agreed with." Really? 

Dan Froomkin of the WaPo, do help us out, please: 
It's hard to see through the White House obfuscation about its warrantless wiretapping program, but thanks in part to former deputy attorney general James Comey's congressional testimony in May, we think we know this much:

Soon after 9/11, the administration started eavesdropping on Americans. By March 2004, Bush's own Justice Department had decided that the program was clearly illegal, and top department officials couldn't find a way to rationalize it. After a rebellion led by Comey -- and backed by a hospitalized John Ashcroft -- the White House agreed to make some changes. The revised program, still controversial, was described in the New York Times in December 2005. The White House christened it the "Terrorist Surveillance Program." And in January 2007, Bush agreed to put the revised program under court jurisdiction -- although it's not clear exactly what that means.

The talk sweeping Washington today of a possible perjury investigation of Attorney General Alberto Gonzales stems from Gonzales's assertion in a February 2006 Senate Judiciary Committee hearing that "there has not been any serious disagreement about the program that the president has confirmed."

Even after Comey's testimony, Gonzales insisted that he had testified truthfully.

How could that be? It appears that Gonzales is engaged in what one anonymous Justice Department official this week charitably called " linguistic parsing."

Gonzales is trying to make a distinction between the "Terrorist Surveillance Program" that was "publicly confirmed by the President in December 2005" and what he calls "other intelligence activities" that Comey objected to. But he dug himself deeper during his congressional testimony on Tuesday, when he characterized a March 2004 meeting with some members of Congress that was obviously about the Terrorist Surveillance Program as being about -- you guessed it -- "other intelligence activities." Those members of Congress begged to differ.

This is not just a story about Gonzales's relationship to the truth. It's also a story about all the things we still don't know about the White House and illegal wiretapping.

One of the chief unanswered questions, as I wrote in my May 17 column: What was the program like when it was illegal even in the opinion of Bush's own Justice Department? What was the government doing to its citizens for two and a half years -- starting soon after 9/11 through the spring of 2004?
Apparently, the answer this week, from the White House, will be that what they were doing to Americans was "data mining," and that it was that which became the object of dispute.

Watch and marvel at the hubris. And let's see if the Dems -- and the media talking heads -- fall for it.
   

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posted by JReid @ 6:43 AM  
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Now they figure it out...
31: The percentage of Americans according to a new ABC/WaPo poll who say the Supreme Court is leaning too far to the right (BTW Bush's approval rating in that poll: 33 percent, with 65 disapproving -- 52 percent strongly so... the highest strong disapproval Bush has faced since he took office.)

Other tidbits from the poll:

58 percent strongly disapprove of the situation in Iraq (68 disapprove period), and a record 56 percent disapprove of the U.S. "campaign against terrorism." Interesting... both all-time highs for those questions.

64 percent disapprove of the job Republicans are doing in Congress, with 34 percent approving; and 51 percent disapprove of the job Democrats are doing, with a much more respectable 46 percent approving. i'd wager that most of the Dems' disapproval stems from their failure to really take on (if not take down) this president. Evidence of that: 63 percent disapprove of the Dems' handling of the situation in Iraq, though the public prefers the Dems to handle Iraq over President Bush by a margin of 55 to 32 percent, and 59 percent of respondents favor withdrawing U.S. troops from the conflict.

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posted by JReid @ 6:31 AM  
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Foolish pride ... or just foolishness?
A new report by Citizens for Responsibility and Ethics in Government (CREW) finds that Katrina victims literally may have died waiting for relief in the form of foreign aid, including generous offers from U.S. allies, that never came because the Bush administration either bungled it our outright refused it. RawStory posts excerpts:
Offers to help came from 145 countries and 12 international organizations. The US did accept help from its top allies around the globe, but CREW's report shows it left unclaimed hundreds of thousands of prepared meals, water pumps, doctors and medicine.

Many of the offers were turned down because of a strict adherence to bureaucratic regulations, the report reveals. For example, questions about medical licensing prevented foreign-trained doctors from helping in the Gulf Coast.

"All, The (sic) word here is that doctors of any kind are in the 'forget about it' category," read an e-mail from the State Department responding to an offer of assistance from Argentina. "Human assistance of any kind is not on our priorities list ... It's all about goods, not people, at this point."

A ban on British beef in place over fears of Mad Cow disease prevented Meals Ready to Eat from the UK being given to Katrina refugees. The uneaten MREs were kept in a storage unit at a cost of $16,000 per month, according to the report.

The disorganization that plagued Katrina cleanup efforts also strained diplomatic relations, when the US ignored offers of aid from other countries.

"It is getting downright embarrassing here not to have a response to the Estonians on flood relief," Jeffrey Goldstein, a U.S. Embassy official in Estonia, wrote in an e-mail to several State Department officials. "... We know that what the Estonians can offer is small potatoes and everyone at FEMA is swamped, but at this point even 'thanks but no thanks' is better than deafening silence." ...
And now, for a brief reminder of what the aftermath of Hurricane Katrina was like for the people of New Orleans and Mississippi:







You can read the full CREW report here.

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posted by JReid @ 6:11 AM  
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Saturday, July 28, 2007
Attack of the blogger-bots
Just in case you had any remaining doubt that the leading right wing bloggers are little more than stenographers for the White House and the GOP, dutifully tapping out talking points garnished to look like original thoughts, RawStory cops a link that utterly clears the fog:
At the urging of top conservative bloggers, the White House set up a Friday morning conference call to promote its message on the subject of executive privilege, RAW STORY has found.

"The White House hosted a blogger conference call to discuss the issues surrounding the Bush administration's use of executive privilege in the probe of the firings of eight federal prosecutors," wrote Ed Morrissey, who produces the blog Captains Quarters. "The White House arranged the call based on a recommendation by this blog, in order to familiarize the blogosphere with the legal and political arguments on which the administration will rely to prevail in the upcoming fight regarding the contempt citations Congress seems likely to approve." ...

Morrisey did not name any other participants in the call or identify the administration official who spoke to the assembled bloggers. But he showed that the message being delivered by the White House was short and to the point.

"The power to hire and fire federal prosecutors belongs exclusively to the executive branch," Morrissey wrote. "Congress has no particular oversight in these matters, and so the executive privilege claim is very compelling in this instance."

At least one commenter was critical of Morrissey's efforts.

"Thanks for reporting the administration's talking points, Captain Steno," wrote the posts only commenter. "You have a reputation for being a rational thinker, so how's about a little more in-depth analysis of the legal merit of the points?"
The offending post can be found here. Some of the commenters appear to be rightfully appalled at Captain's new job as Tony Snow's virtual lieutenant, but many of the BushBots are circling the wagons around the president and his lackey attorney general. Typical of the lap-dog commenters is someone called "Skywatch":

We are at war.

That does not forgive everything. I was and still am very worried about some of the patriot act (tho some concernces have been addressed).Like a Dem commentor said above would you want Hillary having this power? I would not. I trust the Bush toadies to use the powers to protect me. To listen and collect data on folks that wish harm on the country but I think Hillary would use those same powers to collect data on political foes.
Do you, now? Well that'll do, then, donkey, that'll do...

But there are also some lucid commenters over at Ed's, including someone called "Shieldvulf":
Lying to Congress and the people, politicizing law enforcement, and ignoring Congressional subpoenas are not at issue at all! The only question to be asked is, which side is someone on? Them over there? They are bad! It doesn't matter how well documented their outrage may be. All that matters is whether or not they get in line.
Natch.

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posted by JReid @ 3:53 AM  
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Friday, July 27, 2007
Mommy and daddy are fighting
Hillary and Obama, the smackdown, explained:

What they're fighting about:

During this week's CNN/Youtube debate, the candidates were asked whether they'd commit to meeting with America's foes, including such leaders as Mahmoud Ahmadinejad of Iran, Kim Jong Il of North Korea and Fidel Castro of Cuba. Obama said absolutely yes -- we have to change the paradigm that has isolated this country over the past seven years ... Clinton said she wouldn't make such a commitment in her first year, but would use potential meetings as a bargaining chip in her larger bag of aggressive diplomacy. Natch.

What escalated the drama:

After the debate, Hillary gave a newspaper an interview to the Quad City Times of crucial Iowa, n which she called Obama's position "naive." In a separate interview with the paper, Barack shot back that what was naive, was "giving George W. Bush authorization to invade Iraq without a plan to get out." Ouch! After that, Obama laid it on even thicker, telling supporters at a campaign rally that what we don't need in the White House is "Bush lite." Double ouch!

Where it stands now:

Hillary is attacking Barack for attacking her, saying "what ever happened to the politics of hope?" She appears to now want to simmer down the fight she started, lest it boost Barack's profile even more. Barack's camp seems to be enjoying the fight, which raises his stature and most certainly increasing the devotion of his supporters. I think Hillary wins the argument on substance, and she looks more experienced and presidential than Barack based on her answer, but he probably made himself look highly desirable by the world (though as Chris Matthews said yesterday, we don't have a "world election.")

Where it will end:

Both camps will likely let it die a natural death, the better to preserve their potential coming together as running-mates.

In the meantime, it's kind of nice to see the Dems mix it up for a change.

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posted by JReid @ 9:46 AM  
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From the desk of: Bruce Fein
Last night on "Hardball," former Reagan deputy Attorney General Bruce Fein threw down the gauntlet, saying that the real problem with Alberto Gonzales' testimony was that by standing alone in saying there was no disagreement among the administration's legal and intelligence chiefs about the legality of the warrantless NSA spying program, he puts himself out on a very serious legal limb. Why? Because in all probability, the NSA's "terrorist surveillance program" or TSP, violated the Foreign Intelligence Surveillance Act (FISA), and all of the leading intelligence and legal officials in the administration, including then acting A.G. James Comey, FBI director Mueller, and even John Ashcroft, objected to it as such. If the then White House counsel ignored those disagreements and tried to push an ailing Ashcroft to OK the program anyway, he was suborning the breaking of the FISA law, which as Chris Matthews bluntly put it, "could make him a criminal." (I'll post the transcript when it's available.)

Further, it is clear to most legal scholars that Gonzales perjured himself before the Senate committee, which puts him in even further jeopardy, especially now that he has been directly contradicted by the director of the FBI.

Fein went on to explain that the Congress can do nothing to bring about the prosecution of Mr. Gonzales for perjury -- they can only recommend a special counsel, which Democrats have now done, or they can do something else to address President Bush's refusal to bring his attorney general in line with the law. I'll paraphrase:
"...impeachment is the remedy if the president refuses to faithfully execute the laws."
Amen, brother. After hearing Fein, who is a conservative constitutional and international lawyer as well as a frequent critic of the Bush administration, I looked up an article he wrote prior to the 2004 Congressional elections. It's very interesting, and very prescient. Here's a bite:
Suppose Democrats capture control of one or both chambers of Congress in November. A conservative would instinctively cringe. ...

... perhaps not.

The most conservative principle of the Founding Fathers was distrust of unchecked power. Centuries of experience substantiated that absolute power corrupts absolutely. Men are not angels. Ambition must be made to counteract ambition to avert abuses or tyranny. The Constitution embraced a separation of powers to keep the legislative, executive, and judicial branches in equilibrium. As Edward Gibbon wrote in The History of the Decline and Fall of the Roman Empire: “The principles of a free constitution are irrevocably lost, when the legislative power is nominated by the executive.”

But a Republican Congress has done nothing to thwart President George W. Bush’s alarming usurpations of legislative prerogatives. Instead, it has largely functioned as an echo chamber of the White House.

President Bush has flouted the Foreign Intelligence Surveillance Act of 1978 (FISA) for five years by directing the National Security Agency to target American citizens on American soil for electronic surveillance on his say-so alone. The president has defended his warrantless domestic spying with an imperial theory of inherent constitutional power that would empower him to open mail, break in and enter homes, or torture detainees, even in violation of federal criminal statutes. He has concealed details of the spying program indispensable to rational congressional oversight—for example, the number of Americans targeted, the earmarks employed to select the targets, or the intelligence yield of the spying. He has never explained to Congress why FISA could not have been amended to accommodate any unforeseen evasive tactics by al Qaeda in lieu of simply disregarding the law. Indeed, Congress has amended FISA six times since 9/11 at the request of the White House, and the Senate Intelligence Committee was informed by Bush’s Justice Department on July 31, 2002, that FISA was working impeccably. The president has also refused to disclose what legal advice he received to justify the NSA’s warrantless domestic spying at its inception. And Attorney General Alberto Gonzalez has confessed that President Bush is operating other intelligence collection programs that are unknown to Congress and the public and that will never be revealed, absent leaks to the media.

Republicans in Congress have bowed to the president’s scorn for the rule of law and craving for secret government. They have voted against Democratic Sen. Russell Feingold’s resolution to rebuke Bush for violating federal statutes and crippling checks and balances. They have resisted brandishing either the power of the purse or the contempt power (with which it can compel testimony) to end the president’s violation of FISA and to force full disclosure of his secret foreign-intelligence programs. Indeed, the Republican chairman of the Senate Judiciary Committee, Arlen Specter, is sponsoring a bill that in substance endorses President Bush’s FISA illegalities and authorizes an electronic-surveillance program warrant that would enable the NSA to spy on Americans indiscriminately without the particularized suspicion of wrongdoing required by the Fourth Amendment.

Republicans in the House and Senate have been equally invertebrate in the face of presidential signing statements that usurp the power to legislate. In approximately 800 cases, President Bush has both signed a bill and declared his intent to disregard provisions he believes are unconstitutional, the equivalent of a line-item veto. For instance, he signed the Detainee Treatment Act of 2005 prohibiting torture while issuing a signing statement declaring his intent to ignore the law in order to gather military or foreign intelligence.

The Presentment Clause of Article I, Section 7 gives the president but two options when presented with a bill passed by Congress: sign or veto the bill in its entirety. That was the holding of the Supreme Court when it found a line-item veto statute unconstitutional in 1998’s Clinton v. City of New York. The president is obligated to veto a bill that he believes to be unconstitutional; Congress may override that judgment by two-thirds majorities. In the 217-year history of the United States under the present Constitution, Congress has overridden only 28 constitutionally based vetoes, and on only one occasion did the override engender a constitutional battle between the president and Congress. Presidential signing statements further usurp the legislative power by resulting in the enforcement of laws that Congress has not passed. Members vote on all the provisions of a law collectively in the expectation that all will be executed if the president approves.

Signing statements also flout the president’s obligation in Article II of the Constitution to execute the laws faithfully. The Founding Fathers were acutely aware of the example of King James II, whose practice of suspending or dispensing with laws he believed encroached on royal prerogatives eventually occasioned his overthrow in the Glorious Revolution of 1688. With such precedents in mind, the framers of the United States Constitution directed the president to execute the laws without fail. The Republican Congress, however, has acted as a disinterested spectator while President Bush has stolen its legislative authority in plain view and exercised the tyrannical power of making, executing, and conclusively interpreting the law and the Constitution.

The most frightening claim made by Bush with congressional acquiescence is reminiscent of the lettres de cachet of prerevolutionary France. (Such letters, with which the king could order the arrest and imprisonment of subjects without trial, helped trigger the storming of the Bastille.) In the aftermath of 9/11, Mr. Bush maintained that he could pluck any American citizen out of his home or off of the sidewalk and detain him indefinitely on the president’s finding that he was an illegal combatant. No court could second-guess the president. Bush soon employed such monarchial power to detain a few citizens and to frighten would-be dissenters, and Republicans in Congress either cheered or fiddled like Nero while the Constitution burned. The Supreme Court ultimately entered the breach and repudiated the president in 2004’s Hamdi v. Rumsfeld. Republicans similarly yawned as President Bush ordained military tribunals to try accused war criminals based on secret evidence and unreliable hearsay in violation of the Uniform Code of Military Justice and the Geneva Convention. The Supreme Court again was forced to countervail the congressional dereliction by holding the tribunals illegal in 2006’s Hamdan v. Rumsfeld.

Republicans have shied from challenging Bush by placing party loyalty above institutional loyalty, contrary to the expectations of the Founding Fathers. They do so in the fear that embarrassing or discrediting a Republican president might reverberate to their political disadvantage in a reverse coat-tail effect.

Democrats, for their part, likewise place party above the Constitution, but their party loyalty at least creates an incentive to frustrate Bush’s super-imperial presidency. This could help to restore checks and balances. For the foreseeable future, divided government is the best bet for preserving both the letter and spirit of the Constitution. If Democrats capture the House or Senate in November 2006, the danger created by Bush with a Republican-controlled Congress would be mitigated or eliminated.
Well said, Mr. Fein.

Meanwhile, the White House is standing by its amigo.

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posted by JReid @ 7:20 AM  
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Thursday, July 26, 2007
New questions in Pat Tillman's death
Pat Tillman (left) pictured with his brother Kevin


A three star Army general is facing a demotion in the cover-up of the Pat Tillman friendly fire death in Afghanistan, putting the coda to a shameful incident in which even the uniformed military was drawn into the political hackery of the Bush administration (U.S. attorneys, the Justice Department, the military ... what hasn't this crowd politicized?)

Back to the story... the AP is reporting that the U.S. Army actually blocked doctors from investigating whether Tillman might have been deliberately "fragged" -- read murdered by his fellow troops. And there's more. From the AP:

Army medical examiners were suspicious about the close proximity of the three bullet holes in Pat Tillman's forehead and tried without success to get authorities to investigate whether the former NFL player's death amounted to a crime, according to documents obtained by The Associated Press.

"The medical evidence did not match up with the, with the scenario as described," a doctor who examined Tillman's body after he was killed on the battlefield in Afghanistan in 2004 told investigators.

The doctors - whose names were blacked out - said that the bullet holes were so close together that it appeared the Army Ranger was cut down by an M-16 fired from a mere 10 yards or so away.

Ultimately, the Pentagon did conduct a criminal investigation, and asked Tillman's comrades whether he was disliked by his men and whether they had any reason to believe he was deliberately killed. The Pentagon eventually ruled that Tillman's death at the hands of his comrades was a friendly-fire accident.

The medical examiners' suspicions were outlined in 2,300 pages of testimony released to the AP this week by the Defense Department in response to a Freedom of Information Act request.

Among other information contained in the documents:

_ In his last words moments before he was killed, Tillman snapped at a panicky comrade under fire to shut up and stop "sniveling."

_ Army attorneys sent each other congratulatory e-mails for keeping criminal investigators at bay as the Army conducted an internal friendly-fire investigation that resulted in administrative, or non-criminal, punishments.

_ The three-star general who kept the truth about Tillman's death from his family and the public told investigators some 70 times that he had a bad memory and couldn't recall details of his actions.

_ No evidence at all of enemy fire was found at the scene - no one was hit by enemy fire, nor was any government equipment struck.

The Pentagon and the Bush administration have been criticized in recent months for lying about the circumstances of Tillman's death. The military initially told the public and the Tillman family that he had been killed by enemy fire. Only weeks later did the Pentagon acknowledge he was gunned down by fellow Rangers.

The gent facing demotion, Lt. Gen. Philip R. Kensinger Jr., reportedly used the phrase "I don't recall" some 70 times during some four hours of questioning by the Pentagon's inspector general last December, and he contradicted not only other officers' testimony, but his own as well. A bit more from the Forbes/AP article:

The documents show that a doctor who autopsied Tillman's body was suspicious of the three gunshot wounds to the forehead. The doctor said he took the unusual step of calling the Army's Human Resources Command and was rebuffed. He then asked an official at the Army's Criminal Investigation Division if the CID would consider opening a criminal case.

"He said he talked to his higher headquarters and they had said no," the doctor testified. ...

... The documents also shed new light on Tillman's last moments.

It has been widely reported by the AP and others that Spc. Bryan O'Neal, who was at Tillman's side as he was killed, told investigators that Tillman was waving his arms shouting "Cease fire, friendlies, I am Pat (expletive) Tillman, damn it!" again and again.

But the latest documents give a different account from a chaplain who debriefed the entire unit days after Tillman was killed.

The chaplain said that O'Neal told him he was hugging the ground at Tillman's side, "crying out to God, help us. And Tillman says to him, `Would you shut your (expletive) mouth? God's not going to help you; you need to do something for yourself, you sniveling ..."
So could Tillman's fellow soldiers have gotten angry at what they saw as his arrogance, and deliberatly shot him to death on the battlefield? No enemy around? Gunshots to the forehead?

You've got to wonder...

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posted by JReid @ 8:36 PM  
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Wade in the water
"Wade in the water ...
Wade in the water, children
Wade in the ater ...
God is gonna trouble the water..."


Here we go. Four members of the Senate Judiciary Committee have asked the solicitor general of the United States to appoint a special prosecutor to investigate possible -- if you want to call it that -- perjury by Attorney General Alberto Gonzales in the illegal NSA warrantless wiretapping probe, in the wake of the latest bombshell: the FBI director's testimoney directly contradicting Gonzales' sworn statements. From the National Journal:

The senators -- Charles Schumer, Dianne Feinstein, Russ Feingold and Sheldon Whitehouse -- are also members of the Judiciary Committee. In testimony esterday before the committee, Gonzales contradicted his own earlier sworn accounts, along with those of other witnesses in the probe.

And despite his blistering cross-examination of Gonzales at yesterday's hearing, ranking Judiciary Committee member Sen. Arlen Specter returned to form today. Apparently he was traveling with the president, and so perhaps this particular Specterism has more to do with fear of your dinner partners than genuine moral outrage. The Journal continues:
In a press conference this afternoon, ranking Republican Arlen Specter railed against the request, and indicated that Chairman Leahy was not on board, either.

"I think that Senator Schumer has made a practice of politicizing this matter," Specter told reporters. "Senator Schumer's not interested in looking at the record. He's interested in throwing down the gauntlet and making a story in tomorrow's newspapers."

Specter has previously accused Schumer of having a conflict of interest in the firings probe, because the New York Democrat is also head of the DSCC, the Senate's campaign fundraising arm.

Specter has backed congressional subpoenas of administration officials, and drew a distinction with the prosecutor request. "The inspector general generally does not conduct investigations with a view to a prosecution. The inspector general conducts investigation with a view to improprieties and recommendations for changes in policy," Specter said. "I think there's a little bit of Don Quixote here. People are riding off in all different directions at once."
Whatever, man.

Meanwhile, the Leahy committee has also subpoenaed Karl Rove, the president's increasingly addled brain, in the U.S. attorney firings scandal. Expect that to be the next "executive privilege" showdown in D.C. ...

Drip ... drip ... drip ... how long can the house of cards that is the Bush administration continue to stand? Haven't we had enough yet?

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posted by JReid @ 7:59 PM  
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The walk towards the ridge
The plot thickens in the ongoing U.S. attorney firings scandal. Now, FBI Director Robert Meuller has weighed in, telling Senators that the NSA's warrantless wiretapping program, the "terrorist surveillance program" or TSP, was indeed the subject of an emergency March 4, 2004 meeting between the White House and the so-called "gang of eight", and of the notorious March 10, 2004 bedside raid on then-A.G. John Ashcroft. The AP reports:

WASHINGTON — FBI Director Robert S. Mueller said Thursday the government's terrorist surveillance program was the topic of a 2004 hospital room dispute between top Bush administration officials, contradicting Attorney General Alberto Gonzales' sworn Senate testimony.

Mueller was not in the hospital room at the time of the dramatic March 10, 2004, confrontation between then-Attorney General John Ashcroft and presidential advisers Andy Card and Gonzales, who was then serving as White House counsel. Mueller told the House Judiciary Committee he arrived shortly after they left, and spoke with the ailing Ashcroft.
The case against Mr. Gonzales is building to a crescendo, and there really are only two ways that it can go -- he will either be forced to resign (in which case he can still be prosecuted for perjury), or the Dems will have to force an impeachment hearing on a president who could stubbornly refuse to let Gonzo go. Gonzo is walking toward the cliff, backward and with a blindfold on.

Please, somebody shove him.

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posted by JReid @ 3:40 PM  
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Here's to you, Lindsey Lohan
Do your time with dignity, girl.

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posted by JReid @ 9:52 AM  
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Leahy may seek Gonzo perjury probe
It starts...

Senate Judiciary Committee Chairman Patrick J. Leahy threatened yesterday to request a perjury investigation of Attorney General Alberto R. Gonzales, as Democrats said an intelligence official's statement about a classified surveillance program was at odds with Gonzales's sworn testimony.

The latest dispute involving public remarks by Gonzales concerned the topic of a March 10, 2004, White House briefing for members of Congress. Gonzales, in congressional testimony Tuesday, said the purpose of the briefing was to address what he called "intelligence activities" that were the subject of a legal dispute inside the administration.

Gonzales testified that the meeting was not called to discuss a dispute over the National Security Agency's controversial warrantless surveillance program, which he has repeatedly said attracted no serious controversy inside the administration.

But a letter sent to Congress in May 2006 by then-Director of National Intelligence John D. Negroponte described the congressional meeting as a "briefing on the Terrorist Surveillance Program," the name that President Bush has publicly used to describe the warrantless surveillance program.

Democrats pointed to the Negroponte letter yesterday in an effort to portray Gonzales's remarks as misleading. They said Gonzales is trying to conceal the existence of a dispute between White House and Justice Department lawyers that involved the surveillance program, which many Democrats have criticized as an illegal or unjustified abuse of executive-branch authority.

Several Democratic lawmakers, including Senate intelligence committee Chairman John D. Rockefeller IV (D-W.Va.), have also said the meeting focused on the NSA program and have strongly disputed other Gonzales characterizations of the meeting.

Leahy (D-Vt.) told reporters he is giving Gonzales until late next week to revise his testimony about the surveillance program or he will ask Justice Department Inspector General Glenn A. Fine to conduct a perjury inquiry: "I'll ask the inspector general to determine who's telling the truth."

Justice Department spokesman Brian Roehrkasse said yesterday that Gonzales "stands by his testimony," and that "the disagreement . . . was not about the particular intelligence activity that has been publicly described by the president. It was about other highly classified intelligence activities."

DNI spokesman Ross Feinstein referred questions to the Justice Department.

Time to lawyer up, Albertcito...

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posted by JReid @ 9:12 AM  
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McCain's campaign tanking faster than the Titanic
Now it's McCain's media team that has quit on him.
WASHINGTON -- Sen. John McCain's media team has resigned, an indication that a campaign shake-up two weeks ago is continuing to backfire and further imperil the Arizona Republican's presidential candidacy.

Political ad-makers Russ Schriefer and Stuart Stevens, veterans of President Bush's 2000 and 2004 campaigns, on Monday emailed the new campaign manager -- lobbyist and longtime McCain adviser Rick Davis -- to say that they were quitting. The two men told friends they had considered leaving for days, as they hadn't been paid and the campaign's financial straits raised questions of when and how much they would be.

Their resignations followed a story in The Wall Street Journal Monday about Mr. Davis's business and lobbying activities. Current and former McCain campaign advisers say those activities -- which involved a business he started and another launched by an acquaintance of his -- amounted to profiteering at the campaign's expense and risked embarrassing the senator.

Since Mr. McCain accepted the resignations of former campaign manager Terry Nelson and chief strategist John Weaver two weeks ago, and put Mr. Davis in charge, more than a dozen senior staffers have left from the headquarters in northern Virginia as well as state offices in Iowa, New Hampshire and South Carolina -- all states with early nominating contests. Several fund-raisers have cut their ties to the campaign, which reported a debt at the end of the second quarter.

Now the loss of the Schriefer-Stevens media team is considered a new blow, Republican strategists say. The McCain campaign had long planned to begin running ads this fall in early contest states; those plans are at risk given Mr. McCain's debt, compounded now by the difficulty of getting donors to invest in a troubled campaign. ...
It's stunning how fast this man is falling. It's hard to believe he ever was the front runner...

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posted by JReid @ 8:14 AM  
Wednesday, July 25, 2007
A day in the life...
... of Iraq...

A day of national pride and joyful celebration following a major soccer win is marred by a suicide bombing that kills at least 50 people...

A day in the life of Washington ...

The U.S. scraps plans to build a massive new U.S. embassy ... not in Iraq ... but rather in Beirut, Lebanon ... the Hezbollah part of Beirut, Lebanon...

The Blotter has learned that plans for a controversial new U.S. Embassy in Beirut have been put on hold indefinitely, and effectively killed according to a U.S. State Department spokesperson.

The news came just hours after we reported that the State Department had been pushing ahead with plans to build the new embassy in a part of Beirut controlled by the militant anti-American group Hezbollah, despite strong protests from the U.S. ambassador in Lebanon.

A U.S. official tells the Blotter on ABCNews.com that Ambassador Jeffrey Feltman, in a May 31, 2007 classified cable to Secretary of State Condoleezza Rice, registered his strong objections, saying his staff "unanimously opposes construction" of the embassy on the proposed site.

Feltman also said in the cable that his local staff would be "an easy target" for Hezbollah and that U.S. diplomats would "be under siege" during any conflict.

Hm...

A day in the life of America...

Also from ABC News: welcome to the new Soviet Union...

The FBI is taking cues from the CIA to recruit thousands of covert informants in the United States as part of a sprawling effort to boost its intelligence capabilities.

According to a recent unclassified report to Congress, the FBI expects its informants to provide secrets about possible terrorists and foreign spies, although some may also be expected to aid with criminal investigations, in the tradition of law enforcement confidential informants. The FBI did not respond to requests for comment on this story.

The FBI said the push was driven by a 2004 directive from President Bush ordering the bureau to improve its counterterrorism efforts by boosting its human intelligence capabilities.

The aggressive push for more secret informants appears to be part of a new effort to grow its intelligence and counterterrorism efforts. Other recent proposals include expanding its collection and analysis of data on U.S. persons, retaining years' worth of Americans' phone records and even increasing so-called "black bag" secret entry operations.

To handle the increase in so-called human sources, the FBI also plans to overhaul its database system, so it can manage records and verify the accuracy of information from "more than 15,000" informants, according to the document. While many of the recruited informants will apparently be U.S. residents, some informants may be overseas, recruited by FBI agents in foreign offices, the report indicates.

Cost to the U.S. taxpayer: $22 million (that we know of)...

Meanwhile, President Bush's latest outrage against the constitution is a move to criminalize dissent against the Iraq war. The executive order, entitled "Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq" gives Bush the authority to seize the assets of any person -- including any American citizen -- who is:
...determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Defense,

(i) to have committed, or to pose a significant risk of committing, an act or acts of violence that have the purpose or effect of:

(A) threatening the peace or stability of Iraq or the Government of Iraq; or

(B) undermining efforts to promote economic reconstruction and political reform in Iraq or to provide humanitarian assistance to the Iraqi people;

(ii) to have materially assisted, sponsored, or provided financial, material, logistical, or technical support for, or goods or services in support of, such an act or acts of violence or any person whose property and interests in property are blocked pursuant to this order; or

(iii) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this order.
The order, quietly issued on July 17, is even drawing outrage from conservative Republicans, who warn that the order essentially criminalizes dissent ... read "interference" ... with Bush's Iraq policies, and according to folks like former Reagan assistant treasury secretary Paul Craig Roberts, is about a step away from the creation of a police state, with a popuulation riven by fear:
Too much is going wrong for the Bush administration: the failure of its Middle East wars, Republican senators jumping ship, Turkish troops massed on northern Iraq's border poised for an invasion to deal with Kurds, and a majority of Americans favoring the impeachment of Cheney and a near-majority favoring Bush's impeachment. The Bush administration desperately needs dramatic events to scare the American people and the Congress back in line with the militarist-police state that Bush and Cheney have fostered.

William Norman Grigg recently wrote that the GOP is "praying for a terrorist strike" to save the party from electoral wipeout in 2008.
Chertoff, Cheney, the neocon nazis, and Mossad would have no qualms about saving the bacon for the Republicans, who have enabled Bush to start two unjustified wars, with Iran waiting in the wings to be attacked in a third war.

The Bush administration has tried unsuccessfully to resurrect the terrorist fear factor by infiltrating some blowhard groups and encouraging them to talk about staging "terrorist" events. The talk, encouraged by federal agents, resulted in "terrorist" arrests hyped by the media, but even the captive media was unable to scare people with such transparent sting operations.

Scary stuff. No wonder Bush is careening toward becoming the most unpopular president in modern American history ... not that it matters, so long as you're the dictator...

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posted by JReid @