Calamity Jane

Remember how Speaker Nancy Pelosi did not want California Democrat Jane Harman to become head of the House Intelligence Committee after the 2006 mid-term elections? Well, Jeff Stein of Congressional Quarterly reported yesterday that Harman,

“was overheard on an NSA wiretap telling a suspected Israeli agent that she would lobby the Justice Department reduce espionage-related charges against two officials of the American Israeli Public Affairs Committee, the most powerful pro-Israel organization in Washington.

Harman was recorded saying she would ‘waddle into’ the AIPAC case ‘if you think it'll make a difference,’ according to two former senior national security officials familiar with the NSA transcript.

In exchange for Harman's help, the sources said, the suspected Israeli agent pledged to help lobby Nancy Pelosi , D-Calif., then-House minority leader, to appoint Harman chair of the Intelligence Committee after the 2006 elections, which the Democrats were heavily favored to win.

Seemingly wary of what she had just agreed to, according to an official who read the NSA transcript, Harman hung up after saying, 'This conversation doesn't exist.’"

These allegations with respect to AIPAC’s lobbying efforts and Harman are not new. Stein’s reporting of the NSA wiretap however adds an entirely new wrinkle. Even more damning is Stein’s report that Attorney General Alberto Gonzales dropped the Justice Department’s investigation of Harman so the Democrat would help defend the Bush Administration’s warrantless wiretapping program just prior to the New York Times breaking the story.

Harman’s office has denied the allegations. Obviously, the Justice Department must thoroughly investigate the Harman/AIPAC connection as well as Alberto Gonzales’s conduct in this matter. Once again we learn why Alberto Gonzales is arguably the worst public servant in the history of America’s executive branch.

With respect to Israeli espionage, I’ve never been judgmental of any country, including ours, for spying on either friends or foes. That is the real world. In the game of nations, governments frequently conduct intelligence operations to influence the politics of “friends” and rival states in accordance with their interests. Israel is a practitioner of this as is the United States, China, Russia, Iran, India and so forth.

However, this matter once again illustrates the need for a strong political counterweight to AIPAC’s disproportionate influence on American politics and policies. Liberal Jewish Americans like myself who are critical of Israel’s immoral and dangerous policies must be at the forefront of that political counterweight to provide the necessary cover. Delusional zealots in America and Israel have engaged in immoral and self-destructive policies. As someone who cares about Israel’s future as well as their national character, I hope this espionage case serves as a wakeup call.

In the meantime, Attorney General Eric Holder needs to demonstrate respect for the law and convene a grand jury forthwith for both Jane Harman and Alberto Gonzales. Given AIPAC’s disproportionate influence in Washington it seems likely neither Harman nor Gonzales are alone with their disregard for the law when it comes to Israel. I don’t blame Israel or AIPAC for exploiting their influence. Any nation would do the same with that sort of leverage.

I blame our political system that allows it to flourish. Prosecuting offenders such as Harman will hopefully have a “chilling effect” on politicians from betraying American interests to AIPAC in the future. As for Gonzales, he should have been frog marched years ago.

Renegade Justice: An Interview With Former U.S. Attorney David Iglesias

David Iglesias is the prototype twenty first century Republican: charismatic, Hispanic, an evangelical Christian and a captain in the Navy Reserve who served for many years in the Navy’s Judge Advocate General Corps (“JAG”). In 1998, Iglesias campaigned to become Attorney General of New Mexico against the heavily favored Patricia Madrid. He nearly pulled off an upset and the Republican Party took notice. In 2000, Iglesias paid his party dues and worked for George W. Bush’s election.

As a reward, President Bush nominated Iglesias in 2001 to be the United States Attorney from the District of New Mexico. His sponsor was longtime Republican Senator Pete Domenici. The position of U.S. Attorney has served as a springboard for many political careers and Iglesias appeared to be on the fast track. Highly regarded by his peers, Iglesias served as chairman of a committee of U.S. Attorneys that advised former Attorney General John Ashcroft about border and Immigration issues. The Justice Department had also given his office high marks for performance.

However, as the first installment of the just released Department of Justice Inspector General report illustrates, professionalism took a back seat to political prerogatives when it came to personnel decisions. A pervasive culture of hyper-partisanship at the Justice Department ultimately cost David Iglesias and nine other U.S. Attorneys their jobs last year. It also resulted in a metastasizing scandal that forced Bush loyalist Alberto Gonazles to resign as Attorney General.

David Iglesias became persona non grata in the Republican Party when he resisted political pressure while carrying out the responsibilities of his office. One example was his cautious evidenced based approach while prosecuting voter fraud. Specifically, Republicans feared that the votes of minorities and the poor in New Mexico could adversely affect their candidates in what had become a polarized state. Al Gore defeated George Bush in New Mexico by a mere 366 votes in 2000. Hence, Republicans viewed prosecuting voter fraud as a means of suppressing Democratic turnout in elections that could be decided on the margins. Iglesias dutifully investigated voter fraud and found virtually nothing to prosecute, angering the White House.

Another example involved a public corruption investigation against powerful Democratic New Mexico state legislator Manny Aragon. In 2006, while Iglesias took a measured evidenced based approach to investigating Aragon; Republican Congresswoman Heather Wilson was in a tough re-election fight against New Mexico’s Democratic Attorney General, Patricia Madrid. The same candidate Iglesias lost to in 1998. Republicans hoped that an indictment filed against Aragon prior to Election Day would make Madrid appear professionally lax as New Mexico’s Attorney General. However, Iglesias didn’t believe the case was ready and didn’t want to undermine the investigation or chances of conviction by filing an indictment prematurely.

The events that followed are well known. Both Representative Wilson and Senator Domenici inappropriately telephoned Iglesias hoping to persuade him to indict Aragon. Iglesias didn’t budge and he was asked to resign on December 7, 2006. Six of his colleagues with similar experiences were also asked to resign on the same day and a political firestorm engulfed the Bush Administration, his Attorney General and the entire Republican Party. Domenici, his reputation and legacy forever tarnished opted not to seek re-election this year because of poor health. Congressman Wilson hoped to replace Domenici in the Senate but she lost the Republican primary on June 3rd.

Iglesias memorialized his experience with his new book, In Justice: Inside The Scandal That Rocked The Bush Administration (Wiley & Sons). Former Ambassador Joseph Wilson had the following praise for Iglesias’s book:

“In justice is a chilling tale of the subversion of the Constitution for political purposes. What was done to David Iglesias and his colleagues constitutes complete and utter disregard for the role of law that underpins our great republic. Americas will rightly be appalled and Republicans ashamed at this abuse of power.”

Iglesias agreed to podcast interview with me over the telephone about his book and the scandal that made him an important historical figure. Our conversation was just over sixteen minutes. Please refer to the flash media player below.



This interview can also be accessed at no cost via the Itunes store by searching for the Intrepid Liberal Journal. Also, I apologize for my voice coming in on the low side. I was using a new headphones/microphone set and it underperformed. Thankfully, David's voice comes through loud and clear. But you may have to turn up the volume some to hear my questions.

Henry Waxman Delivers A Stiff Dose of the Truth

In my opinion, the finest Democrat in Washington today is Congressman Henry Waxman. Waxman represents California’s 30th congressional district and is the Chairman for the committee of Oversight and Government Reform. His committee issued a statement today about the Republican National Committee’s use of White House email accounts.

Waxman is a dogged investigator and it appears there may be enough evidence to initiate impeachment proceedings against Attorney General Alberto Gonzales who knowingly allowed the law to be violated while serving as White House Counsel.

Click here to read the statement at the committee’s website directly or refer to my copy and paste job below.
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The Oversight Committee has been investigating whether White House officials violated the Presidential Records Act by using e-mail accounts maintained by the Republican National Committee and the Bush Cheney ‘04 campaign for official White House communications. This interim staff report provides a summary of the evidence the Committee has received to date, along with recommendations for next steps in the investigation.

The information the Committee has received in the investigation reveals:

• The number of White House officials given RNC e-mail accounts is higher than previously disclosed. In March 2007, White House spokesperson Dana Perino said that only a “handful of officials” had RNC e-mail accounts. In later statements, her estimate rose to “50 over the course of the administration.” In fact, the Committee has learned from the RNC that at least 88 White House officials had RNC e-mail accounts. The officials with RNC e-mail accounts include Karl Rove, the President’s senior advisor; Andrew Card, the former White House Chief of Staff; Ken Mehlman, the former White House Director of Political Affairs; and many other officials in the Office of Political Affairs, the Office of Communications, and the Office of the Vice President.
• White House officials made extensive use of their RNC e-mail accounts. The RNC has preserved 140,216 e-mails sent or received by Karl Rove. Over half of these e-mails (75,374) were sent to or received from individuals using official “.gov” e-mail accounts. Other heavy users of RNC e-mail accounts include former White House Director of Political Affairs Sara Taylor (66,018 e-mails) and Deputy Director of Political Affairs Scott Jennings (35,198 e-mails). These e-mail accounts were used by White House officials for official purposes, such as communicating with federal agencies about federal appointments and policies.
• There has been extensive destruction of the e-mails of White House officials by the RNC. Of the 88 White House officials who received RNC e-mail accounts, the RNC has preserved no e-mails for 51 officials. In a deposition, Susan Ralston, Mr. Rove’s former executive assistant, testified that many of the White House officials for whom the RNC has no e-mail records were regular users of their RNC e-mail accounts. Although the RNC has preserved no e-mail records for Ken Mehlman, the former Director of Political Affairs, Ms. Ralston testified that Mr. Mehlman used his account “frequently, daily.” In addition, there are major gaps in the e-mail records of the 37 White House officials for whom the RNC did preserve e-mails. The RNC has preserved only 130 e-mails sent to Mr. Rove during President Bush’s first term and no e-mails sent by Mr. Rove prior to November 2003. For many other White House officials, the RNC has no e-mails from before the fall of 2006.
• There is evidence that the Office of White House Counsel under Alberto Gonzales may have known that White House officials were using RNC e-mail accounts for official business, but took no action to preserve these presidential records. In her deposition, Ms. Ralston testified that she searched Mr. Rove’s RNC e-mail account in response to an Enron-related investigation in 2001 and the investigation of Special Prosecutor Patrick Fitzgerald later in the Administration. According to Ms. Ralston, the White House Counsel’s office knew about these e-mails because “all of the documents we collected were then turned over to the White House Counsel’s office.” There is no evidence, however, that White House Counsel Gonzales initiated any action to ensure the preservation of the e-mail records that were destroyed by the RNC.

The Presidential Records Act requires the President to “take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of his constitutional, statutory, or other official or ceremonial duties are adequately documented … and maintained as Presidential records.” To implement this legal requirement, the White House Counsel issued clear written policies in February 2001 instructing White House staff to use only the official White House e-mail system for official communications and to retain any official e-mails they received on a nongovernmental account.

The evidence obtained by the Committee indicates that White House officials used their RNC e-mail accounts in a manner that circumvented these requirements. At this point in the investigation, it is not possible to determine precisely how many presidential records may have been destroyed by the RNC. Given the heavy reliance by White House officials on RNC e-mail accounts, the high rank of the White House officials involved, and the large quantity of missing e-mails, the potential violation of the Presidential Records Act may be extensive.

There are several next steps that should be pursued in the investigation into the use of RNC e-mail accounts by White House officials. First, the records of federal agencies should be examined to assess whether they may contain some of the White House e-mails that have been destroyed by the RNC. The Committee has already written to 25 federal agencies to inquire about the e-mail records they may have retained from White House officials who used RNC and Bush Cheney ’04 e-mail accounts. Preliminary responses from the agencies indicate that they may have preserved official communications that were destroyed by the RNC.

Second, the Committee should investigate what former White House Counsel Alberto Gonzales knew about the use of political e-mail accounts by White House officials. If Susan Ralston’s testimony to the Committee is accurate, there is evidence that Mr. Gonzales or counsels working in his office knew in 2001 that Karl Rove was using his RNC e-mail account to communicate about official business, but took no action to preserve Mr. Rove’s official communications.

Third, the Committee may need to issue compulsory process to obtain the cooperation of the Bush Cheney ’04 campaign. The campaign has informed the Committee that it provided e-mail accounts to 11 White House officials, but the campaign has unjustifiably refused to provide the Committee with basic information about these accounts, such as the identity of the White House officials and the number of e-mails that have been preserved.

Who Are the Real Gate Crashers?

In 2006, Markos Moulitsas of Daily Kos and Jerome Armstrong of MyDD published Crashing The Gate: Netroots, Grassroots, and the Rise of People-Powered Politics. Ostensibly, they advocated for taking over the Democratic Party from inside the beltway K-Street corporate elitists who perpetually sell out their constituents for the almighty dollar. To the extent that ordinary citizens through the blogosphere or progressive “netroots” are more plugged into politics and empowered to become activists is all to the good.

Personally, I was an activist before I became a blogger and didn’t need an account with Daily Kos to become one. If the blogosphere ceased to exist tomorrow I would remain involved. I’m sure that’s true for many of us. That said, liberal bloggers have amplified the voice and impact of core progressive values in the ongoing debate-taking place.

Whether this amplified voice has the leverage to facilitate transformational progressive change inside the corridors of power remains to be determined. I hope so. Certainly retaking the congress as well as numerous statehouses in 2006 was an important step and the “netroots” were important to that effort.

I have my doubts though about the long term and believe “crashing the gate” of a political party is not an elixir for our democracy. Indeed, history is replete with examples of “gate crashers” or “revolutionaries” dethroning the previous order only to become corrupted themselves. As Orwell’s classic Animal Farm illustrated, it didn’t take long for the pigs to resemble Farmer Jones. The real gate to be crashed is as information brokers, fact-checkers and investigative reporters free of corporate influence and dedicated to preserving accountability on the citizenry’s behalf.

The foundation for any democratic civil society is truth. Without it a civil society can’t remain civil because the absence of truth translates into a loss of faith in the laws and institutions designed to promote opportunity and justice. Once a citizenry loses faith, either anarchy or oppression isn’t far away. Hence, the importance of a free, independent press doggedly pursuing truth wherever it leads. Truth seekers are gatekeepers of integrity that preserve democracy’s machinery.

For example, Carl Bernstein and his partner Bob Woodward, before he became co-opted by the very insiders he used to expose, relentlessly pursued President Richard Nixon’s diabolical efforts to subvert the Constitution. In so doing they helped preserve our democracy’s checks and balances. Congress initiated impeachment proceedings against Nixon and he resigned. The system worked.

We’re dependent upon truth seekers to scrutinize the fine print and actions of those in power on our behalf. Since we have our own lives, families and jobs to look after -effectively seeking truth ourselves is a Herculean challenge. Most of us don’t have the resources, ability to travel on demand or cultivate sources among the powerful.

Sadly, our country is at best ill served by the so-called free press. When I watched Bill Moyers report how the press covered the lead-up to the Iraq War, I was thunderstruck by their lame justifications for not doing their job. Walter Pincus, a national security reporter for the Washington Post actually admitted to Moyers that since the Reagan Administration,

“We stopped truth squading every sort of press conference, or truth squading. And we left it then-- to the democrats. In other words, it's up to the democrats to catch people, not us.”

And there was this classic exchange between Moyers and Tim Russert from Meet the Press:

BILL MOYERS: What do you make of the fact that of the 414 Iraq stories broadcast on NBC, ABC and CBS nightly news, from September 2002 until February 2003, almost all the stories could be traced back to sources from the White House, the Pentagon, and the State Department?

TIM RUSSERT: It's important that you have a-- an oppos-- opposition party. That's our system of government.

BILL MOYERS: So, it's not news unless there's somebody-

TIM RUSSERT: No, no, no. I didn't say that. But it's important to have an opposition party, your opposit-- opposing views.

How the hell does any reporter justify allowing a political party to interpret the truth? Political parties are not about truth. Political parties are self-serving entities dedicated to obtaining and maintaining power. Since the Democrats were spineless and didn’t provide an alternative dialogue, Pincus and Russert believe they should be excused from doing their jobs? Ridiculous. Yes, Republicans were feculent and irresponsible while Democrats were feckless and cowardly. All the more reason for the press to do their job and relentlessly pursue the truth.

I’m a loyal Democrat and support my party as a means to advance progressive causes I believe in. And Democrats such as Henry Waxman are doing a splendid job of investigating the Bush Administration’s malfeasance now that they have the majority. It was also oversight by the Democratic controlled Senate Judiciary Committee that resulted in former Deputy Attorney General James Comey’s dramatic testimony.

Nevertheless, I don’t want the press to solely cede ground to Democrats about holding the Bush White House accountable. Nor do I want the press to curry favor with powerful Democrats and refrain from reporting on their transgressions.

Of course reporters such as Pincus and Russert merely reflect the will of their corporate bosses who curry favor from the powerful. Some reporters remain dedicated to their craft. James Risen of the New York Times, who first reported about the Bush Administration’s domestic surveillance program in violation of the FISA framework is a fine example. However, the New York Times management didn’t allow the story to surface prior to the 2004 election.

As I see it, the real gate being crashed is what people like Josh Marshall are doing at Talking Points Memo. It was reporting done for that blog that broke the bough on how the dismissal of US Attorney’s were covered and exposed Attorney General Gonazales as a liar. And citizen contributors to Firedoglake were so effective as information repositories for the Scooter Libby trial that even mainstream press reporters relied on them for real time facts. Epluribus Media has also become an effective vehicle for citizen journalism.

Another example on a smaller scale is a good friend of mine who used to work for Kaiser Permanente, a health organization that claims to be a non-profit. She was a whistle blower and they responded by personally trying to destroy her. So she transformed her Corporate Ethics blog into a repository of information regarding Kaiser’s harmful activities against their patients. Kaiser Thrive Permanente Exposed is another weblog devoted to serving the public by exhaustively covering Kaiser in a manner that the corporate media has resisted.

As the blogosphere continues to mature, it is the gate crashing of citizen journalists that has me the most excited. Hopefully citizen journalism from the “reality based community” will become more adept at keeping the corporate media, corporations and politicians honest.

My optimism however is tempered by two concerns. One is that the powerful elites among the corporations, mainstream press and politicians will pass laws that undermine the effectiveness of online citizen journalism. My second fear is that citizen journalists will at some point resemble Farmer Jones.
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ADDENDUM: Sixty Minutes exposed Kaiser Permanente's despicable treatment of homeless patients in their broadcast this evening. Click here to learn about their coverage. It wasn't so long ago that the print and broadcast media simply reinforced Kaiser's propaganda. Credit goes to the friend I referenced above as well as Kaiser Thrive Permanente Exposed for pushing the mainstream media to finally understand what Kaiser is truly about.

Immoral, Insipid & Incompetent

So help me, I almost felt sorry for Attorney General Gonzales today. He’s ensnared by so many irreconcilable public misstatements, half-truths and lies. At times, it seemed the Senate Judiciary Committee was guilty of child abuse against the overmatched Attorney General.

Any feelings of sympathy were easily jettisoned, when I recalled how Gonzales established the legal regime of torture during Bush’s first term when he was White House Council. There is also the diabolical role Gonzales played regarding the Bush Administration’s domestic surveillance program. Predictably, after his testimony the Bush Administration expressed public confidence in their collaborator at raping the Constitution. Overall, Attorney General Gonzales's leadership of the Justice Department has been immoral, insipid and incompetent. In that regard, Gonzales reflects the President he serves. As with any organization, the fish rots from the head down.

The Khalid Sheikh Mohammed Shuffle

The Washington Post, reports this evening that Khalid Sheikh Mohammed confessed to masterminding al-Quaida's terrorist attack on 9/11. According to the article,

“Mohammed claimed responsibility for planning, financing and training others for attacks ranging from the 1993 truck bombing of the World Trade Center to the attempt by would-be shoe bomber Richard Reid to blow up a trans-Atlantic flight with explosives hidden in his shoes. And he also claimed that he was tortured by the CIA after his capture in 2003.”

Mohamed certainly deserves a special place in hell for the blood on his hands. I am curious about this conversation described by the Washington Post:

“During an exchange with Mohammed, the military colonel who heads the three-member panel asked about allegations that the al-Qaida leader was tortured by the CIA.

‘Is any statement that you made, was it because of this treatment, to use your word, you claim torture,’ the colonel asked. ‘Do you make any statements because of that?’

Portions of Mohammed's response were deleted from the transcript, and his answer was unclear. He later said that his lengthy confession to the Guantanamo hearing was given without any pressure, threats or duress. The colonel said that Mohammed's torture allegations would be ‘reported for any investigation that may be appropriate’ and also would be taken into account in consideration of his enemy combatant status.”

Does anyone with an IQ over 80 believe a word of that? And didn't the entire world already know Mohammed "masterminded" these attacks? It’s diversion time at the White House again. A transparent and sophmoric attempt to knock embattled Attorney General Alberto Gonzales off the front page. Where’s Tom Ridge and his pathetic color coding scheme when you need him?

Showing Good Prosecutors the Door

With Democrats eager to use their new majority for oversight can the Bush Administration safeguard the criminal enterprise known as the Republican Party? Well it turns out a little known provision in the USA Patriot Act reauthorization last year empowers Attorney General Alberto Gonzales to appoint replacements without Senate confirmation. Yesterday, California Senator Diane Feinstein complained,

“The Bush administration is pushing out U.S. attorneys from across the country under the cloak of secrecy and then appointing indefinite replacements.”

Eleven U.S. Attorneys have resigned in the past year. Among those departing is Carol Lam, U.S. Attorney for the Southern District of California. California’s Southern District covers San Diego and Imperial counties. Lam was appointed in 2002 and leaving office on February 15th. Her priorities the past four years were prosecuting political corruption and health care fraud. It was Lam’s office that managed the government’s case against Republican Congressman Randall “Duke” Cunningham who pleaded guilty to taking $2.4 million in bribes.

Attorney General Gonzales denies politics has played any role with the turnover at the Justice Department and insisted the Bush Administration,

"in no way politicize these decisions."

Simply put, I don’t believe him. I'm also irked at Democrats. I realize preventing the reauthorization of the Patriot Act last year was difficult but why couldn't Democrats at least raise some hell about this provision?