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.

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...

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...

Blogged by Brad from Atlanta...

BRAD BLOG readers will recall Greg Palast's exclusive here which followed on Monica Goodling's admissions in Congressional testimony concerning Tim Griffin's vote caging. As well, you may also recall an attack on Palast's reporting by DailyKos diarist "drational," in which he described Palast's reporting as "dangerous." Subsequently, Palast responded to those challenges here.

Well, the pseudonymous "drational" has now followed up with an excellent analysis of the caging lists which shores up the bulk of Palast's claims and reporting (even if he can't help but take a few more inappropriate and unhelpful shots at the guy who broke the story in the first place, and kept banging on it for two and a half years until Mr. "Drat" finally found the time to investigate the charges).

"Drational" posted a follow-up today on the RNC's "Widespread Caging in 2004" (in FL, OH, NV, WA, and OR, all crucial battlegrounds) and names names of high-level Bush/Cheney officials and others who seem to have been involved in some way.

Yesterday's "drational" posting was based, in no small part, on a detailed analysis researched and published by the good folks at ePluribus Media.

Also yesterday, Spencer Ackerman at TPM Muckraker posted a similar independent analysis of the Tim Griffin caging lists. His findings, as well, "strengthened allegations that Griffin, working for the Republican National Committee, was involved in an effort to target African-American voters."

All four posts mentioned are worth reading in full, with a reminder that we quoted a bit more from TPM Muck in Alan Breslauer's posting here yesterday of Tim Griffin's recent denial video in which he strains credulity by claiming he didn't even know what caging was, and had to look it up in a dictionary.

Nice try, Tim. In the meantime, any broadcast news outlets ready to run the story yet? Or will they wait until after it happens again, say, in 2008 or so?

Oh, and Mr. "Drat"? You owe a straight up --- unqualified --- apology to Palast for your original, over-the-top, un-researched, knee-jerk attacks on his reporting. Advancing and/or independently verifying someone's reporting is appropriate and appreciated, as you did in your latest. As well, holding folks responsible when elements are incorrect is also helpful. Going off half-cocked, as you did, with claims that Palast's reporting on this was "dangerous" and trying to justify those claims later based on several errors you claim to have found, none of which change the thrust of his original reports, as you did in your very good follow-ups, is less than impressive, in our opinion.

UPDATE: We failed to link, originally, to the ePluribus Media report upon which much of "drational's" article was based. We've now corrected that failure in the above article and have changed both the text and the headline to incorporate and link to their excellent work. The BRAD BLOG regrets the original oversight.

UPDATE 6/29/07 10:53pm PT: "drational" has done the right thing and posted "My Real Apology to Greg Palast..." at DailyKos. Some additional thoughts of mine posted in comments here.

Blogged by Brad from Atlanta...

Just out from AP...

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...

Guest Blogged by Alan Breslauer

Brad wrote about it a couple of weeks ago. Then Greg Palast offered up a heartfelt apology on BRAD BLOG writing, "Boo-hoo! I made Tim Griffin cry." And now you can watch part of the infamous speech that will surely leave many readers teary eyed themselves. The part available at left is where Griffin denies knowing anything about vote caging, and references Palast --- though he refuses to mention him by name.

Of course, Griffin seems to have known what caging was, and had no similar problem naming names in the spreadsheet documents he sent to other Bush/Cheney and RNC operatives in an email with the subject line "Re: caging". The spreadsheet attachments contained lists of voters --- mostly minority voters, some serving over seas --- which they had planned to challenge at the polls in Florida during the 2004 election.

Thanks to TPMtv/Muckraker for the video. As well, they have done their own analysis of the Griffin caging lists in order to verify Palast's findings

Yes, "illegal". As we've been reporting for quite some time now. Also, in violation of several consent decrees, signed by the RNC during the 80's, that they would no longer target minority voters in these type of campaigns.

Blogged quickly by Brad Friedman from Alabama (with a laptop on my knee)...

McClatchy's excellent Greg Gordon reports that the DoJ had written a letter in support of vote caging by Republicans in Ohio in 2004...

As BRAD BLOG readers know, we've been reporting --- often far too exclusively --- on the Florida 2004 vote caging scheme by former GOP oppo-researcher turned Karl Rove assistant turned Arkansas US Attorney turned disgraced former US Attorney, Tim Griffin. As we're on the roll, we'll have to refer you to our "Vote Caging" category for our previous detailed coverage. Scroll through the articles on that page for much more background.

But here's a bit more from McClatchy's piece today...

Guest blogged from D.C. by Margie Burns

Beneficiary of yet another political outing, the Washington Post ran an article on Thursday June 21, 2007, titled “Political Hiring in Justice Division Probed,” strongly alleging further personnel atrocities committed in the DOJ by former Civil Rights Division administrator Bradley Schlozman.

Not to throw the baby out with the bathwater --- this is not a defense of Schlozman --- but regrettably all the allegations were made by unnamed sources. So who are the unnamed administration sources, and why are they engaging in this maneuver?

Here, along the lines of the "numbers" speech by Erin Brockovich as played by Julia Roberts, is the rundown:

Number of grafs, total, in the two-page article: 29. Number of named sources: 2. (See below.) Number of items attributed to unnamed sources: at least 17. Number of unnamed sources, total: uncertain, but ranging from at least 6 to perhaps at most 16.
0
Graf 2: “ . . . according to four lawyers who said they heard the account from Dugan.”

Graf 3: “In another politically tinged conversation recounted by former colleagues, . . .”

Graf 4: “That account was challenged by six officials in the division who said in interviews that they either overheard him . . .”

Graf 14: “Appellate lawyers said that before Schlozman arrived, the small staff enjoyed a collegial work environment . . .”

Guest blogged from D.C. by Margie Burns

Deputy Attorney General Paul McNulty returned to testify before Congress one more time today, but without shedding much new light on the much-criticized firings and hirings, alleged to be politically motivated, in the Department of Justice.

The Subcommittee on Commercial and Administrative Law of the House Judiciary Committee, in another attempt to extract some truth about the DOJ personnel matter, held a hearing with McNulty as the sole witness. Under polite, soft-spoken but excruciatingly poignant questioning by Committee Chair John Conyers (D-MI), McNulty did clarify one thing: indeed it does seem that his part of the DOJ has done very little about “caging.”

Caging, as Rep. Cannon (R-UT) helpfully pointed out, “is a term of art in mailhouses” – it refers to the place where letters go when they have no address, all batched up in a separate room.

As Conyers gently reminded the audience, “caging” in the context of elections “is not an issue of the mail at all.” Voter caging, in the context of elections, means blocking voters out – choosing whole lists of voters whose vote will be challenged, chosen by whom and the criteria for challenge enunciated by whom, under this administration, still not fully explained.

Actually, not explained at all. Though it wasn't for Conyers' lack of trying to get information from McNulty about it...

Blogged by Brad Friedman on the road...

Following up on a letter sent to the DoJ on Monday by Democratic Senators Kennedy (MA) and Whitehouse (RI) demanding an investigation into the vote caging activities of former RNC/Bush-Cheney '04 operative, former Karl Rove protégé, and now former US Attorney from Arkansas, Tim Griffin, senators from his home state have announced their support of such a probe.

"If a citizen's right to vote is being threatened, I think without a doubt it is a very appropriate thing to investigate," Sen. Blanche Lincoln (D-AR) told Stephens News Bureau according to a report today. "There are enough suggestions out there that lend itself to that. Investigators owe it to the American people to find out whether or not (voter suppression) did occur."

Michael Teague, a spokesman for Arkansas Democratic senator Mark Pryor, told Stephens that an investigation is overdue, particularly in light of recent testimony from the DoJ's Monica Goodling. "I think at every turn and every corner at this point, the White House has said one thing and done another," said Teague.

Goodling, the DoJ's now-resigned liaison to the White House, told the U.S. House Judiciary Committee during sworn testimony, under immunity from prosecution, that Deputy Attorney General Paul McNulty "failed to disclose that he had some knowledge of allegations that Tim Griffin had been involved in vote 'caging' during his work on the President's 2004 campaign."

"This has a voter-fraud element to it...Why are we having to ask (the Justice Department) to look into this? Shouldn't that be something that's pretty routine?" Teague wondered.

Setting aside that this is about election fraud, not "voter-fraud" as Teague characterized it, both Democratic Senators are correct that an investigation should occur immediately.

Griffin denied wrongdoing in a teary speech in Arkansas last week. He maintained his innocence again to Stephens on Tuesday, telling them, "As I have said before, the allegations are malicious and false."

Vote caging is the practice of sending targeted registered mail to minority voters with "do not forward" instructions, in order to use any returned letters to challenge voter registrations as fraudulent or press for such voters to be removed from the rolls. In 1981 and 1986, after having done the same thing, the RNC signed consent decrees that they would not engage in such activities in the future. Apparently, they were just kidding both times.

In 2004, Greg Palast of the BBC reported on caging lists attached to email mis-sent by Griffin prior to the Presidential election. The lists reportedly targeted minority voters in Florida, some serving overseas in Iraq. The pre-election reports were all but ignored by both Congress and the American media until Goodling's testimony several weeks ago. Since then, The BRAD BLOG has run a number of exclusive follow-up reports by Palast, most notably here and then here. Griffin resigned on June 2 in the wake of the allegations revealed during the US Attorney Purge investigations. He had been named interim Arkansas US Attorney after the previous USA, Bud Cummins, had been one of the first to be forced out of his job during the DoJ/White House purge.

Guest Blogged by The BRAD BLOG's D.C. Correspondent Margie Burns

Those separate email accounts – email accounts held by people working in the White House and the Office of the Vice President, often with security clearances, but not “.gov” accounts – now threaten to become bigger news. Those alternate accounts, as we know now from work done by the House Judiciary Committee and the Senate Judiciary Committee, and the new report from the House Government Reform and Oversight Committee, both potentially and actually allowed WH and DOJ and OVP personnel to communicate ‘off the books’ up to a point. While theoretically still bound by the rules for preserving presidential records (see below) the 88 government officials with email accounts provided by the Republican National Committee could move with electronic fluidity from their official to their partisan political duties, and back again, with remarkably little scrutiny for the entire four years of Bush’s first term.

So any correspondence about --- for example --- Chandra Levy and Gary Condit, 9/11 and Iraq, anthrax mailings and Judith Miller, will remain lost from public view until the advanced technology of un-deleting can sweep it up from the bottom of whatever files it has been submerged in to date.

Tabling for now such topics as political motivation in the firing and hiring of US Attorneys, the immediate question is, exactly how EARLY did administration personnel start using these alternate email accounts?...

Senators Kennedy and Whitehouse have sent a letter to U.S. Attorney General Alberto Gonzales demanding a probe by the DoJ's Office of the Inspector General and Office of Professional Responsibility into "allegations that the Republican National Committee engaged in 'vote caging' during the 2004 elections."

The letter, sent today to Gonzales, also requests an investigation into "whether any Department officials were aware of allegations that Tim Griffin had engaged in caging when he was appointed United States Attorney for the Eastern District of Arkansas, and whether appropriate action was taken."

The complete letter and a press release sent along with it are posted in full at the end of this article.

"The Republican Party has a long and ignominious record of caging – much of it focused on the African American community," Kennedy and Whitehouse explain in their letter which gives details of the RNC using voting caging tactics to suppress minority voters in both 1981 and 1986. After both incidents, the GOP had signed consent decrees that they would not engage in the activity in the future.

Nonetheless, email evidence has shown that in 2004, Tim Griffin created and sent caging lists on behalf of the Bush 2004 campaign as originally reported by the BBC to little American media fanfare, prior to the election. Griffin, who became an aide to Karl Rove, was later appointed by the Bush Administration as the US Attorney from Arkansas after they had fired Bud Cummins. Griffin has since resigned from the post in the wake of the scandal.

In recent testimony before the House Judiciary Committee, the now-resigned DoJ liason to the White House, Monica Goodling, admitted that now-resigned Deputy Atty General Paul McNulty was less than forthcoming in his sworn Congressional testimony concerning his knowledge about Griffin's involvement in vote caging during the 2004 campaign.

In her testimony, given under a grant of immunity from prosecution, Goodling said that McNulty "failed to disclose that he had some knowledge of allegations that Tim Griffin had been involved in vote 'caging' during his work on the President's 2004 campaign."

*** Special to The BRAD BLOG by Greg Palast

Boo-hoo! I made Tim Griffin cry.

He cried. Then he lied.

You remember Tim. Karl Rove's right hand (right claw?) man. The GOP's ragin' cagin' man.

Griffin is the Rove-bot exposed by our BBC Newsnight investigations team as the man who gathered and sent out the infamous 'caging' lists to Republican state chairmen during the 2004 election.

Caging lists, BBC discovered, were used secretly as a basis to challenge the right to vote of thousands of citizens - including the homeless, students and soldiers sent overseas. The day after BBC broadcast that the Chairman of the Judiciary Committee, John Conyers, sought our evidence on Griffin, Tim resigned his post as US Attorney for Arkansas. That job was a little gift from Karl Rove who made room for his man Griffin by demanding the firing of US prosecutor Bud Cummins.

Last week, our cameras captured Griffin, all teary-eyed, in his humiliating kiss-off speech delivered in Little Rock at the University of Arkansas where he moaned that, "public service isn't worth it."

True. In the old Jim Crow days in Arkansas, you could get yourself elected by blocking African-Americans. (The voters his caging game targeted are - quelle surprise! - disproportionately Black citizens.)

But today, Griffin can't even get an unemployment check. When he resigned two weeks ago following our broadcast, the cover story was that the voter persecutor-turned-prosecutor had resigned to work for Presidential wannabe Fred Thompson. But when Thompson's staff was asked by a reporter why they would hire the 'cagin' man,' suddenly, the 'Law and Order' star decided associating with Griffin might take the shine off Thompson's badge, even if it is from the props department.

Griffin, instead of saying that public service "isn't worth it," should have said, "Crime doesn't pay." Because, according to experts such as law professor Robert F. Kennedy Jr., 'caging,' when used to target Black voters' rights, is a go-to-prison crime.

By resigning, Tim may not avoid the hard questions about caging - or the hard time that might result. When I passed the first set of documents to Conyers (a real film noir moment, in a New York hotel room near midnight), the soft-spoken Congressman said that, resignation or not, "We aren't done with Mr. Griffin yet..."

If it's Friday, it's time for another Bush Administration resignation or document dump. Looks like resignation is this week's choice, at least for the DoJ, where Attorney Purge heavy Michael Elston takes a dive, according to AP...

I'm on the air now, so happy to refer you to TPM Muck for more details...

Accomplished liar Mark. F. "Thor" Hearne told Jo Mannies at the Post-Dispatch (the only reporter he'll speak to of late) that there is absolutely nothing nefarious behind the continuing attempts by "someone" at his Missouri law firm, Lathrop & Gage, to scrub references to his discredited GOP "voter fraud" group, American Center for Voting Rights (ACVR), from his page at Wikipedia, as we discussed Tuesday, and again Wednesday, as the Wiki War continued, and as it became apparent that the ACVR had lied about their involvement in political activities on their federal 990 tax forms.

Mannies asked Thor about the ACVR references, now several times expunged from the page, and about what happened to the amazing, disappearing "voter fraud" hucksters. Incredibly, this is what she reports old Thor as having to say about it...

What will it take for Congress to realize that George W. Bush believes them to be utterly irrelevant? In the latest laugh in the face of Congress, RAW STORY is reporting that un-resigned Attorney General Alberto Gonzales used his stealthily-gained power to appoint interim U.S. Attorneys for one last time before Bush would sign the bill recently passed by Congress revoking that authority.

Congress recently revoked the little-noticed provision of the so-called "PATRIOT Act" which allowed such appointments to be made without Congressional confirmation. The bill had been sitting on Bush's desk for signing until late yesterday, when he finally signed it. But only after Gonzales reportedly named a new interim attorney to replace the fired US Attorney from California's Central District (Los Angeles), Debra Wong Yang.

Note: RAW STORY followed up it's report from yesterday, with another today suggesting that an interim appointment may not have been made after all. The issue is still murky, it seems. Just more fallout from a runaway Bush Administration that believes they are accountable to no one.

The change to the PATRIOT Act, revoking the Bush Administration's ability to appoint interim attorneys at will, was sent to Bush for signing on June 4th. The bill passed the Senate by a 94 to 2 vote, and in the House by 306 to 114. Bush waited until last night, June 14th, to quietly sign the bill.

At the same time, Washington Post is reporting that the Dept. of Justice itself is investigating its own Attorney General's testimony to Congress, in which Gonzales claimed he had not spoken to any "fact witnesses" at the DoJ concerning his involvement in the US Attorney Purge scandal due to Congress's ongoing investigation into the matter. The DoJ's liaison with the White House, Monica Goodling, would later testify under immunity to the U.S. House Judiciary Committee that Gonzales did speak of the matter, to her, in a conversation that she characterized as making her feel "a little uncomfortable." It seems Gonzo may have been hoping to get his/her story straight before testifying about it to Congress.

"It's remarkable that he's under investigation and that he's still attorney general," NYU School of Law professor, Stephen Gillers, told WaPo, underscoring both the obvious, and the Congress's continuing penchant for letting the White House play them for chumps. Why impeachment proceedings for Gonzales (much less Bush) have not already begun is beyond us. But as abused spouses also tend to wait until they're nearly dead before taking action to truly change their predicament, so, it seems will the Congress.

Gillers continued to note the absurdity of DoJ's investigation of itself. "At some point, it can no longer be done internally. This cannot be done by Gonzales's subordinates," he stated, pointing out the need for a Special Prosecutor at the very least.

But Bush doesn't care, of course, and continues to laugh in the face of Congress, which continues to behave politely, hoping everything will run its course in due time, as if they are not dealing with a near-sociopathic entity in the Bush Administration.

Yesterday, ThinkProgress reported that the White House now admits they have "found" some of the four years of "lost" emails sent by White House staffers on RNC email servers which are thought to contain details about the US Attorney purge. The "found" email has previously been politely requested by Congress. The White House, of course, has yet to turn them over to Senate investigators.

Bush's one, clear, continuing message to Congress...