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By Alan Breslauer on 7/4/2007 1:07am PT  

Guest Blogged by Alan Breslauer

It was fitting that George W. Bush commuted Scooter Libby's prison sentence while visiting with Daddy Bush since it was 41 who likely taught him about such dirty tricks. In fact, Bush the Elder took a similar route by pardoning Caspar Weinberger who was indicted for lying to the special prosecutor investigating the Iran/Contra affair. As Marcy Wheeler stated on Democracy Now (seen in the video), Senior Bush's pardon similarly prevented investigators from discovering his role in the Iran/Contra scandal. For kicks, you'll also see Fox "News" pundit, Fred Barnes, mentioning the older Bush's pardon of Weinberger in defense of 43's actions, which might be the reason he is fuzzy with the details.

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By Alan Breslauer on 7/3/2007 8:41pm PT  

Guest Blogged by Alan Breslauer

MSNBC's Dan Abrams looks up the definition of "Excessive" in the dictionary, reviews Justice Department guidelines for commuting prison sentences and evidences how Bush ignored all proper procedure in the Libby case, before concluding: "I fear this is another example of the disdain for the courts and for rules that attempt to ensure equal justice for all."

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Says 'Both Crossed the Rubicon Last Night', 'Even Nixon Knew When It Was Time to Go'...
By Margie Burns on 7/3/2007 6:25pm PT  

Blogged from D.C. by Margie Burns

In a pretty spectacular peroration tonight, MSNBC’s Keith Olbermann delivered a ten-minute indictment of the president and vice president and asked Bush to perform one last act of patriotism: resign.

Complete transcript here, video at left.

Saying “Even Richard Nixon knew it was time to resign” and adding that Nixon’s resignation, belated though it was, ranked as one final action of nonpartisanship, Olbermann urged George W. Bush to emulate Nixon, “not for self, not for party,” but for the country.

Olbermann also prefaced his speech, in one of several promotional moments, with the comment that “No one is holding their breath on this, but frankly, were Mr. Cheney and Mr. Bush true patriots, they would resign.”

--- Click here for REST OF STORY!... ---

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'I Want to Know Who It Is' Said Commutator-In-Chief Before Failing to Launch an Investigation to Find Out
UPDATE: Refuses to Rule Out Pardon...
By Brad Friedman on 7/3/2007 9:50am PT  

Blogged by Brad on our way out of Nashville...

Looking back at the original CNN report from February 11, 2004, announcing that a Special Prosecutor had been assigned to the CIA Leak matter, it's clear that what Bush had said at the time is exactly what he meant...

WASHINGTON (CNN) --- President Bush said Tuesday he welcomes a Justice Department investigation into who revealed the classified identity of a CIA operative.

"If there's a leak out of my administration, I want to know who it is," Bush told reporters at an impromptu news conference during a fund-raising stop in Chicago, Illinois. "If the person has violated law, that person will be taken care of."

Scooter has now been well "taken care of", so once again, George W. Bush has proven to be a man of his word.

Though his interest in "want[ing] to know who" may have leaked the classified identify of a covert CIA operative overseeing worldwide WMD networks may have been somewhat overstated. As we recently learned during sworn Congressional testimony, White House Security Chief, Joe Knodell admitted that they never bothered to launch an investigation into the matter.

"Leaks of classified information are bad things," the Commutator-in-Chief said, apparently just kidding, back in early 2004.

UPDATE: Not yet "taken care of" enough, Bush refuses to rule out a full pardon...

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Fitzgerald Unhappy, But Thompson and Guilliani Thrilled
As Bush Senior Prepares to Roll Over in His Grave...
By Brad Friedman on 7/2/2007 11:46pm PT  

Blogged by Brad from Nashville...

Via TPM, the DoJ manual on Commutations:

Section 1-2.113 Standards for Considering Commutation Petitions
...
Requests for commutation generally are not accepted unless and until a person has begun serving that sentence. Nor are commutation requests generally accepted from persons who are presently challenging their convictions or sentences through appeal or other court proceeding.

And from Patrick Fitzgerald's reaction:

We comment only on the statement in which the President termed the sentence imposed by the judge as “excessive.” The sentence in this case was imposed pursuant to the laws governing sentencings which occur every day throughout this country. In this case, an experienced federal judge considered extensive argument from the parties and then imposed a sentence consistent with the applicable laws. It is fundamental to the rule of law that all citizens stand before the bar of justice as equals. That principle guided the judge during both the trial and the sentencing.

Meanwhile, former Sen. Fred Thompson couldn't be happier:

I am very happy for Scooter Libby. I know that this is a great relief to him, his wife and children. While for a long time I have urged a pardon for Scooter, I respect the President’s decision. This will allow a good American, who has done a lot for his country, to resume his life.

...And Guilliani joins him in standing firmly against National Security for America, and in favor of outing covert CIA assets:

After evaluating the facts, the President came to a reasonable decision and I believe the decision was correct.

George W. Bush's father, however, feels differently. Or, at least he did back in 1999 when addressing his former colleagues at the CIA...


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Two 'Democratic' Fox 'News' Strategists Agree Commuting Libby Sentence Was 'Right Thing to To Do'
By Alan Breslauer on 7/2/2007 10:25pm PT  

Guest Blogged by Alan Breslauer

Filling in for Bill O'Reilly on tonight's Factor, Michelle Malkin ripped Homeland Security Chief Michael Chertoff for destroying the faith of the American people in our government's ability to enforce immigration laws. Later, she went after an immigrant advocate attorney who called for an end to the deportation of illegals, stating, "it is not a bumper sticker to say that we should enforce the laws that are on the books." Between the two, Malkin finds time to joke with "Democratic" Strategists, Kirsten Powers and Laura Schwartz, about Bush letting Scooter Libby "Off The Hook." Surprisingly, she appeared much less concerned with the law and order aspects of the Libby case.

UPDATE FROM BRAD 7/3/07: I believe it's worth underscoring Alan's point above. The two Fox 'News' analysts interviewed by Malkin, claiming that commuting Libby's sentence was "the right thing to do" are both identified as "Democratic" strategists. Incredible. Only on Fox...

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From Throwing Sand in the Umpire's Eyes to Throwing Out the Umps
By Margie Burns on 7/2/2007 8:05pm PT  

Guest blogged from D.C. by Margie Burns

The total commutation of Libby’s sentence should put an end to any questions, if any remain, about whether the Bush-Cheney cabal is completely crooked.

Briefly: the published statement for public consumption that the president found Libby’s sentence “excessive” is transparently false. If he had merely found the sentence excessive, he could have commuted it PARTLY. Two and a half years could have been reduced to two, or to one and a half, or to one year. It could have been drastically commuted to six months, or to three months.

That did not happen. Instead, George Walker Bush elevated smarmy propagandists like Byron York over federal judges. He elevated Charles Krauthammer over three U.S. Circuit Court Judges appointed by three former presidents. (Not that Krauthammer’s first reaction after Libby was indicted was to defend Libby. Au contraire: Krauthammer took the line, on ABC’s Inside Washington, that Libby’s actions were the work of one man, namely Libby. Neocon loyalty at work – until the echo chamber pulled Krauthammer back in line.) Bush elevated rightwing talk show hosts, the creepy National Review, Fox television and Rupert Murdoch's media empire and the now-moribund PNAC over the U.S. justice system.

Typical for him, that.

--- Click here for REST OF STORY!... ---

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By Alan Breslauer on 7/2/2007 3:27pm PT  

Guest Blogged by Alan Breslauer




Bloomberg reports that, "George W. Bush commuted Lewis 'Scooter' Libby's 2 1/2-year prison sentence in the CIA leak case, sparing him from punishment the president called 'excessive.'" It seems W. changed his mind in the last four months about respecting jury verdicts involving serious matters as seen in the video above. Or, maybe the White House had given up all hope of restoring "honor and dignity," and thus felt it had nothing to lose.

UPDATE: RAW STORY has more details, reaction. This is amazing. But what else is new? Revealing the identities of covert CIA assets is now just fine, apparently.

UPDATE FROM BRAD 10:54pm PT: A short message from Bush's dad. Sent to him from 1999 when he was speaking to his former colleagues at the CIA. Li'l Bush, apparently, disagrees...


(Hat-tip to BRAD BLOG commenter "PatriotNW")

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By Brad Friedman on 7/1/2007 9:32pm PT  

Blogged by Brad from Nashville...It's not easy keeping up from the road. But we're doing our best....

Leahy on Meet the Press today (via TPM, who has more, video available at C&L)...

RUSSERT: Are you prepared to hold the Bush White House, the vice president, the attorney general and his office under contempt of Congress?

LEAHY: That is something that the whole Congress has to vote on. In our case, in the Senate, we'd have to vote on it; in the House, they would have to vote on it. I can't...

RUSSERT: Would you go that far?

LEAHY: If they don't cooperate, yes, I'd go that far. I mean, this is very important to the American people.

Leahy's comments synch up with what Conyer's telegraphed a week during a House Judiciary hearing when he asked outgoing Dep. AG Paul McNulty if the DoJ would work with Congress should the White House ignore their subpoenas and it became necessary to issue criminal contempt charges. (For the record, McNulty punted in response, stating he's recused himself from the issue, will likely be gone by then, since he's already resigned, and otherwise, couldn't speak for the DoJ on the matter.)

Washington Post noticed Leahy's comments as well, and offers this road map to what comes next in their Monday edition...

The next step is for the congressional committee chairman to rule on the validity of the privilege claims. If the claims are deemed invalid, the committee can repeat the directive to comply. If the president continues to refuse, the committee can find the president in criminal contempt, and the issue would go to the full Senate or House. If a majority in either chamber approves the criminal citation, the matter is referred to a U.S. attorney with a recommendation to issue an indictment.

"Referred to a U.S. attorney." See what a frickin' mess we're looking at here? The USA in question would be Jeffrey A. Taylor of the District of Columbia. Unless he gets fired any time soon. Don't know much about Taylor, with no time to dig for now. So feel free to fill us in with any thoughts on him in comments.

As the Summer of Accountability continues...

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By Brad Friedman on 7/1/2007 7:35am PT  

A timely point, from the folks at Give 2 Shitz...

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What happens next?
Will a U.S. Attorney close to Gonzales convene a grand jury?
By Joseph Cannon on 6/28/2007 11:38am PT  

Guest Blogged by Joseph Cannon

A long predicted constitutional battle has finally begun. The judiciary committees of both the House and the Senate have subpoenaed administration documents pertinent to the U.S. attorney scandal. In a letter of response, White House counsel Fred Fielding has declined to cooperate, invoking executive privilege.

Thursday was the deadline for surrendering the documents. The White House also made clear that (former counsel Harriet) Miers and (ex-political director Sara) Taylor would not testify next month, as directed by the subpoenas, which were issued June 13. The stalemate could end up with House and Senate contempt citations and a battle in federal court over separation of powers.

The judiciary committees have, in a separate action, also subpoenaed documents relating to the warrantless wiretapping controversy. The White House is again expected to invoke executive privilege.

Congressman John Conyers has fired back at the White House attorney...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 6/28/2007 10:35am PT  

NOTE: While the above toon's suggestion, that the Constitution is protected each night from Dick Cheney, may be a joke, the part about powerful hydraulics lowering it into the ground each night is actually true. The company who made the high-tech security system, custom built to protect our nation's most important document: Diebold, Inc.

Yes, that Diebold, Inc.

(Hat-tip for the toon to BRAD BLOG's comic sherpa, Pokey Anderson)

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By Brad Friedman on 6/28/2007 5:47am PT  

Blogged by Brad (quickly) from Atlanta...

Constitutional law professor Jonathon Turley on Olbermann: "For many years, since we first found out about this program, some of us have said that this was a clearly criminal act that the president called for. ... If we're right, not only did he order that crime, but it would be, in fact, an impeachable offense."

"This administration, I have to say, has a certain contempt for the law," added Turley. "They treat it like some of my criminal defendents used to treat it. ... They come up with any argument that might work. ... It's a sort of shocking development. ... But at the end of the day, they will lose, and they're making the situation worse."

Full story, video at RAW STORY.

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Waxman, Conyers, and Clay Issue Statement Calling on Response, Action from DoJ, Gonzales...
By Brad Friedman on 6/27/2007 2:10pm PT  

Blogged by Brad from Atlanta...

Following on subpoenas issued to both Dick Cheney and the White House earlier today on the warrantless wire-tapping issue, the Summer of Accountability continues as the heat grows on both Cheney and Gonzales in the matter of the refusal by Cheney's office to provide reports on the handling of classified information.

A statement just sent to The BRAD BLOG (posted in full at the end of this article) by the offices of Representatives Conyers, Waxman, and Clay calls on Gonzales to explain his position on the National Archives request for Cheney to comply with an Executive Order requiring all Executive Branch offices to detail their handling of classified material and his subsequent refusal.

Cheney has claimed, in his failure to file appropriate reports for the last three years, that he didn't need to because the Office of the Vice President is not a part of the Executive Branch (that, despite their having complied with the order in years prior to 2003, when it seems they leaked the classified identify of covert CIA operative Valerie Plame).

In the statement, Waxman says Cheney's response is "absurd," Conyers calls it "highly dubious," and Clay characterizes the matter as "a breathtaking act of arrogance" in which Cheney is making a mockery of the law and our system of checks and balances."

The complete statement from Waxman, Conyers, and Clay follows in full below...

--- Click here for REST OF STORY!... ---

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Fight Over Access to Docs Could Lead to Constitutional Confrontation (and Impeachment?)...
UPDATE: Feingold Issues Statement, Says Subpeonas Have Bipartisan Support in Senate to Help End Stonewalling by White House Concerning 'Illegal Spying Program'...
By Brad Friedman on 6/27/2007 11:29am PT  

Blogged by Brad from Atlanta...

Just out from AP...

WASHINGTON - The Senate Judiciary Committee subpoenaed the White House and Vice President Dick Cheney's office Wednesday for documents relating to President Bush's warrant-free eavesdropping program.

Also named in subpoenas signed by committee Chairman Patrick Leahy, D-Vt., were the Justice Department and the National Security Council.

The committee wants documents that might shed light on internal squabbles within the administration over the legality of the program, said a congressional official speaking on condition of anonymity because the subpoenas had not been made public.

As TPM Muckraker notes in their breaking coverage, "The trigger is pulled...Get ready for a huge court fight."

RAW STORY has a statement from Sen. Leahy concerning the subpoenas.

And as Joseph Cannon guest blogged here yesterday, a subpoena was/is needed to begin the impeachment process. Any subpeona issued to Cheney's office and/or the White House. Well, we now have one.

"If Cheney or any of his underlings refuse to comply with a single subpoena --- and that's a very good bet --- he becomes instantly impeachable, on the same grounds that brought down Nixon," wrote Cannon, who knows the topic well.

Stay tuned. It may be a busy summer...

UPDATE 12:06pm PT: In a statement sent to The BRAD BLOG (posted in full below) Sen. Russ Feingold (D-WI), a member of the Senate Judiciary Committee, says "After a year and a half of stonewalling by the Administration...The bipartisan support for issuing these subpoenas demonstrates that both Democrats and Republicans are fed up with the misleading statements from the Attorney General and the Administration about this illegal program."

Feingold's complete brief statement follows below...

--- Click here for REST OF STORY!... ---

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