Next Steps in Plamegate
Guilty! Four out of five. Now what? Let's see. Will Scooter Libby be a hot date on Sadie Hawkins day once he's in the pen? He took such delight in screwing political foes, perceived and real, that he is about to discover an ancient Indian truth--Karma can be a bitch.
Then there is the civil suit Joe and Val filed against Dick Cheney, Scooter, Karl Rove, Richard Armitage and others (John Does one thru nine) for damages. If that case is allowed to move forward Joe and Val will become leaders in philanthropy akin to Warren Buffet because they will win a shit pot of money. They are not in it for the money, but by God they deserve a heaping big reward for the vile lies and smears they have endured since Cheney and his gang attacked them for daring to tell the truth about one of the White House lies behind the case for attacking Iraq. Beyond the personal damage the White House gang also ended Valerie's covert career and also did lasting damage to an extensive intelligence network. The details of that story will never be told in order to minimize the harm already done.
Although Patrick Fitzgerald indicated he has no plans to file further charges in this case, there is still work for Congress to do. At a minimum, charges of impeachment against Dick Cheney should be introduced.
The evidence presented in the trial shows beyond any reasonable doubt that Dick Cheney was organizing and leading the attack on Joe Wilson that led to Valerie's exposure. It is time for Congress, the House and the Senate, to conduct hearings on the falsified case for going to war and to look specifically at the smear campaign launched against the Wilsons. If a President can be impeached for lying about a blow job then by God a Vice President should be impeached for setting in motion the forces that destroyed an intelligence network during a time of war. Dick Cheney, Karl Rove, Scooter, Armitage, Bartlett, Matalin, and Fleischer need to be subpoenaed and marched before an investigative committee. I still want a frog march. They must testify under oath and explain how their campaign to quash the truth about yellowcake uranium was used to whip up public frenzy for an unnecessary and feckless war.
This matter goes far beyond any damage to the Wilsons and their reputations. This raises the question of whether we are a nation of laws or the mere subjects of a gang of bullies. Whatever teflon George W. Bush might have had is now completely scraped off. The debacles of Katrina, Iraq, and Walter Reed provide mountains of evidence of the incompetence and malevolence of this Administration. Now it is settled that several senior White House personnel participated in an organized campaign to smear Joe Wilson and expose his wife. There must be accountability and it is up to the Congress to do more than demand something be done. The House and Senate must act and act decisively to expose the lies of Cheney and his gang.










Well Larry, lets just add it this one to the long laundry list here...
~OGD~
March 6, 2007 8:57 PM | Reply | Permalink
Larry-
Hearings? Civil suits? Impeachment? Frog marches?
You're getting to be such a wuss in your old age, Larry!
Now pardon me while I stir this vat of tar. While you're here, would you mind cutting up these feather pillows while I go look for a rail.......
Alphonse ( Al ) Kada
Iranians are fighting the Americans in Iraq so they don't have to fight them on the streets of Tehran
March 6, 2007 9:06 PM | Reply | Permalink
Note to Josh Marshall.
Your name is at the top of the masthead. Larry Johnson, with his jokes about prison rape, has entered Ann Coulter territory. Time to rein in the nutjobs.
March 6, 2007 9:56 PM | Reply | Permalink
"...The details of that story will never be told in order to minimize the harm already done..."
I see you added this caveat to spare your self the embarrassment of being raked over the coals again about your totally unsubstantiated nonsense about Plame being covert and subject to IIPA coverage.
When this goes to Appeal, I am going to enjoy seeing NBC getting blown apart when the lies start to criss cross. Its time DOJ files their own criminal charges on Armitage since Fitz is done kissing his ass. Even the Jury was claiming that on several occasions they looked at each other and said ...what the f***, why are we even sitting in judgement of this guy, where are the rest of them....They must be wondering what Fitz was smoking, I guess they will find out how they were left in the dark. Their hands were tied.
The real fun is only beginning. People that have had to no comment on this will now be free to get on it. I hope Wilson gets charged and sued into the poor house.
March 6, 2007 10:41 PM | Reply | Permalink
All Bush has to do is pardon Scooter and it's all over.
March 6, 2007 10:55 PM | Reply | Permalink
... until the November 2008 election.
Tom
March 7, 2007 3:20 AM | Reply | Permalink
Larry, two Senior Senators have already publicly said they want to call Libby as a witness to testify about the relationship between OVP and the DOD Office of Special Plans headed by Feith. Levin suggested a public hearing, and said he would subpoena Libby if he did not volunteer. Rockefeller's interest is a little more specific, and he suggests major testimony would be executive, with perhaps a public performance. Rocky believes the OSP is a criminal violation of the 1947 National Security Act, which gives only Congress the power to establish and create commission for an Intelligence Agency, and thus the OVP's involvement in establishing the OSP could be criminal.
I feel sure that after today Libby preversely likes being found guilty, and he will take this opportunity to ignore the subpoena, and thus get some counts of Contempt piled upon his lies and Obstruction convictions. And contempt of congress works a little like contempt of court, and just as Judy had to spend long hours in the Alexandria Jailhouse, Libby could be looking at something similar from which even a Bush Pardon might not be able to free him. Likewise, I doubt if Bush can cover him with Executive Privilege at this point. In fact I think in some wierd basement corner of the Capitol there is actually a congressionally controlled cell for the use of those being held in Contempt. Hasn't been used in ages, but maybe they could dust it off.
March 7, 2007 3:39 AM | Reply | Permalink
Did you hear that juror say, that he really thought he might even see the Vice President and maybe even the President?
March 7, 2007 4:46 AM | Reply | Permalink
Wouldn't be nice, if more charges will be filed after Bush leaves office, with no chance of pardons?
March 7, 2007 4:50 AM | Reply | Permalink
Larry predicts that the Wilson's "will win a shit pot of money" with their civil suit. Though I wasn't giving it my full attention, I heard a legal analyst on the tube yesterday suggest just the opposite: that they are going to have a tough time proving that they were damaged monetarily. That even though Ms. Plame's job standing was ruined and Mr. Wilson's integrity was smeared, because the end result was that their incomes increased from new sources, that it's going to be tough to win monetary damages.
I'd love to hear from others with legal training whether what I heard is accurate. What kind of civil suit is this? Is it about libel or what? Do they have a promising case as to monetary damages or is this the kind of thing where they get awarded $1?
March 7, 2007 6:16 AM | Reply | Permalink
TJ, your noxious and ignorant argument about Plame's status has been refuted ad naseum on other threads.
The CIA sent the case to the DOJ, and the DOJ appointed a Special Prosecuter. Since it is impossible to "leak" a name if a name is public knowledge, I guess we should trust the CIA to know what Plame's status, as a protected person was. (I would tend to trust them more than you, anyway)
The law governing this has such a high bar (it must be proven that the leaker knew and willingly gave out protected information) that it is virtually impossible to prosecute even though it is obvious to any person with more than 3 brain cells that these people knew exactly what they were doing.
That is why the leakers didn't get prosecuted; not because Plame's identity was not protected. For the last time:
If Plame was not a protected source, the CIA would have had NO justification for reporting her outing, and you can bet that John (Let the Eagle Soar) Ashcroft would certainly NOT have apointed Fitzgerald.
Since the people in the White House are free to spread any secret information that they want to, as long as they can then say they didn't know it was secret (what a law!)I guess we should all sleep better now. Maybe at least they will know that they shouldn't lie about it to an FBI agent and then to a Grand Jury...or maybe not.
Well, pardon me!
Jan Knaus
March 7, 2007 6:35 AM | Reply | Permalink
.> When this goes to Appeal, I am going to
> enjoy seeing NBC getting blown apart when
> the lies start to criss cross.
Same question as the other thread: since the appeals process focuses on issues of law, not issues of fact, how exactly do you see this happening?
sPh
March 7, 2007 6:37 AM | Reply | Permalink
BABBLE, BABBLE, BABBLE;... "not covert" "not covert" "not covert" HONK, HONK, HONK, "Clinton, Clinton, Clinton".... SPIN, SPIN, SPIN;
"No underlying case, no underlying case, no underlying case" BAWK BAWK BAWK.
If the "no underlying case" was a valid defense why didn't Libby's lawyers use it? Maybe its something they can base their appeal on.
Martha Stewart went to jail for a few of the same reasons Libby now stands convicted of, obstruction and lying to investigators, and guess what..... there was 'no underlying case' as no one was indicted for insider trading.
Ken Starr went after Bill Clinton for any number of charges, Vince Foster's death, Travelgate, Ron Brown's death, China/Satellites, rape, for which there was no underlying crime
(except in the warped minds of the wingnuts). Starr finally got Clinton on Monica.
I'm sure a case can be made that there was also "no underlying case" in the Clinton perjury fiasco.
Obviously the "rule of law" is only important when the Republicans are going after a Democrat.
March 7, 2007 6:49 AM | Reply | Permalink
I believe in the other thread you made it clear that review a case can be re-opened. Which were you referring to?
March 7, 2007 6:59 AM | Reply | Permalink
Please answer the question.
sPh
March 7, 2007 7:18 AM | Reply | Permalink
Johnson starts out right away with the prison rape jokes. Disgusting.
March 7, 2007 7:35 AM | Reply | Permalink
Why do the hardliners like TJKing always argue that Plame didn't have protected status? I've read a number of such posts, none of which contained any documation that proved she wasn't. On the other hand, the pro-Plame comments rely on the fact the CIA asked for an investigation. That supposedly proves the case because if it wasn't true, the CIA wouldn't have been asking for the investigation. OK, it convinced me but why rely on deductions to prove a point?
Plame's status has to be on file someplace. Why doesn't that settle matters? Is it that her file is still classified even after her identification? When the CIA asked for the investigation, did it identify her by name or what?
Just curious.
March 7, 2007 8:00 AM | Reply | Permalink
I'm puzzled by Rockefeller's theory. Yes, the National Security Act of 1947 established the CIA, but, for example, the NSA (or its predecessor, the Armed Forces Security Agency) was established by executive order in the early fifties. Like the National Reconnaissance Office, the very existence of the agency was originally classified, and never the subject of legislation. The Defense Intelligence Agency was largely a merger of service intelligence agency functions, done under the authority of the SECDEF.
Typically, the "big 8" in Congress and possibly the full Intelligence Committees might be briefed on the "black budget" buried in other appropriations, but I see nothing in that Act, or other history, that says Congress has sole authority to approve intelligence agencies.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
March 7, 2007 8:26 AM | Reply | Permalink
So 5 years later, it's been proven in a court of law that Libby lied to someone about something concerning the plamegate story, although Libby's lawyer claims he's completely innocent still. If we impeach Cheney for something he did in 2002, it would mean that he was left in power for 6 or 7 years before he was reprimanded. It kind of defeats the purpose of removing someone from power via impeachment although the humiliation will remain with him forever. It's still unbelievable to me how slow these rotten teeth are being pulled.
March 7, 2007 8:27 AM | Reply | Permalink
Apparently not, Jan, or otherwise LJ wouldn't be raising the white flag by hiding behind his latest excuse that its double super secret probation or whatever that nobody can know.
"..Since it is impossible to "leak" a name if a name is public knowledge, I guess we should trust the CIA to know what Plame's status, as a protected person was..."
Your logic is faulty and your statement is incorrect. The CIA did not "send" a "covert status" case or an IIPA case to DOJ. They made a referal on an unauthorized release of information.
That could have meant almost anything including a request for the DOJ to investigate why Joe Wilson was releasing information about classified documents. You have fallen into the old liberal pit of wishful thinking by quoting your legal and scientific method for defining truth and that is to find a liberal ask his wishful opinion and if "...it is obvious to any person with more than 3 brain cells..." then it must be fact.
If that is your best proof that she was covert, its pretty weak. Even Fitz and Walton won't touch that one. She wasn't covert. This has been a witch hunt from day one. Even the Jury is baffled as to what the hell was going on with Fitz's witch hunt.
March 7, 2007 8:33 AM | Reply | Permalink
Artappraiser, here's a link to the Wilson's support group website. I think some of your questions are addressed. As I understand it, the support group is soliciting contributions to cover legal expenses now. If there is a remedy involving a money award, those awards will be used to pay off legal expenses, and an amount equal to the contributions the support group raises will go to the Wilson's Trust to be distributed to charitable groups working for whistleblower defense issues. Anything above that will go into the Wilson's pockets, I assume.
Also, don't forget TPM Muckraker's report from last June. There's a link to a copy of the actual suit, as filed (It has since been amended to include Armitage).
Neoboho
March 7, 2007 8:43 AM | Reply | Permalink
Mr. Johnson,
I am intrigued that there is an anonymous star on the CIA's Book of Honor for an employees killed during the same time period as Plame and Brewster Jennings were outed.
I think for further accountability one of the first questions that must be answered is: was this CIA employee's death is related to the outing?
Note we don't have to know any details that may harm National Security to answer this simple question. Perhaps people such as yourself that have some knowledge of events can answer this.
March 7, 2007 8:46 AM | Reply | Permalink
Even the jurors all but admitted that Libby was a Cheney/Rove fall guy.
March 7, 2007 8:46 AM | Reply | Permalink
Good to see I'm not the only one who found the prison rape jokes offensive.
Larry, this is a serious flaw in our society. It's not a matter for humor, any more than Abu Ghraib is. I don't care what evil things Scooter Libby did; no one deserves that.
(And, fortunately, it's unlikely it will actually happen, since Libby is probably going to be sent to a federal minimum-security prison, where such events are rather uncommon.)
March 7, 2007 8:47 AM | Reply | Permalink
TJoKING- ha ha ha
Another stellar example of the intellect and truth-standards of rabid
wingnuttia.
One has to wonder how we will ever reestablish a reasonable dialogue in the public forum with foamers like TJ running loose. I suspect the best strategy of all (and the most likely to induce hopefully fatal bouts of foaming) would be to ignore and refuse to respond to their stupid, or as Jan says, "noxious and ignorant" arguments.
I mean really, what is the use of trying to reason with people who have abandoned all standards of reasonableness? Whether it's the White House "fixing the facts around the policy" or TJoKERS failing to adapt their rantings to well-established fact, we're all just talking past one another here, as if we were speaking different languages. TJoKING would never in a million years give up his fairy tale about Plame not being covert in the face of facts. And with that handy little lie he can dismiss all other consideration of what's at issue in this case.
You know how when you walk past a raving homeless person on the street and he's trying to engage you in a discussion about UFO's or something obviously beyond your perceptive abilities, outside your ken, you smile and nod and perhaps throw a couple of bucks his way out of concern for his well-being, but you resist being drawn into conversation because you know there is no common ground of understanding to be gained. In a forum like this here at TPM it might just be best to give the loonies a wide berth. Reacting to their fairy tales just encourages them and gives credence to their foaming.
Unfortunately, we have to be a little more proactive when the lying loonies occupy positions of power and control. While prosecuting Scooter is a step in the right direction, striking a small blow for truth and the rule of law (which, by the way, depends entirely upon society's commitment to establishing truth through reasonable means), it strikes me that until we who still value the truth as primary replace the liars in power, all discourse is futile, more of a tomato fight than an exchange of ideas.
There simply is no point in arguing with them unless they agree to abide by some reason-based system of judging the truth, whether it's TJKING or George Bush.
March 7, 2007 8:55 AM | Reply | Permalink
I agree with everything substantive Larry's had to say, but W. Burns and others are right -- the prison rape "jokes" are really out of line and beyond the realm of good taste. For anyone who disagrees, I'd point you to a recent report, I believe by Amnesty International, on the horrific conditions of sexual abuse rife in our prison system.
Ben Cronin
March 7, 2007 8:59 AM | Reply | Permalink
The same crowd that relished the partisan impeachment of Clinton is now calling for a pardon for Scooter Libby.
Fatuous, amoral hypocrites.
March 7, 2007 9:07 AM | Reply | Permalink
Since I don't want to actually call YOU a name, I will simply say that your last post was written by a block-head.
Jan Knaus
March 7, 2007 9:10 AM | Reply | Permalink
HRW Report on Male Prison Rape
As Aaron MacGruder might say, "Read Dummy!" Making jokes about this very brutal element of our society is stupid and offensive. Do you really want to be that guy wishing that someone gets raped? Even Scooter Libby?
March 7, 2007 9:13 AM | Reply | Permalink
Joe Wilson -- in speculating that there might be a report on his visit -- was not releasing "information about classified documents." He was an ambassador, a public official, albeit retired, and his trip was not a secret. Nor were the phoney yellow cake allegations secret, they had been written about in newspapers and debunked as the obvious forgeries everyone knew them to be.
We have a IIPA act and not an "Official Secrets" act. This is a mere talking point -- more sand in the eyes.
March 7, 2007 9:14 AM | Reply | Permalink
The CIA referral regards "disclosure of information". It does not mention Plame, nor does it mention the IIPA law. CIA sends dozens of these referrals every year and only a few make it to indictment. The argument that if CIA requests an investigation, we should just skip a trial and go straight to the electric chair based on the divinity of the Agency is truly a scary assertion coming from the left.
One place where I think you and I agree (I think), is that there should be an investigation to prove if she was covert or not. The trial is over. Why can't they say it. Fitz is negligent not to say so definitively. Not an investigation into the crime, just have congress tell us once and for all, was she or not. They won't do it, because she is not covert.
My guess is Conservatives will be arguing for the truth to come out and the left will be arguing to move on. That alone will tell you the confidence of each side about the veracity of the claim. LJ, is already mumbling that it is too secret, which is the first time he has tried this trial balloon. I think it proves he falls under the category of "please don't let the truth come out".
March 7, 2007 9:15 AM | Reply | Permalink
I know I will regret responding to JoKING but...
That is a good one. The truth and conservatives is like an oxymoron.
BTW the trial was not about Plame. It was about perjury and obstruction of justice.
March 7, 2007 9:22 AM | Reply | Permalink
"...Starr finally got Clinton on Monica.
I'm sure a case can be made that there was also "no underlying case" in the Clinton perjury fiasco...."
That is exactly what the left spent a year arguing. They claimed that since Paula Jones case had temporarily been thrown out, that it was not lying about a material fact, so they said not perjury so they claimed it was perfectly legal. In fact they did news magazine specials about how lying is actually good, sometimes to spare feelings or what if someone had an affair and they were sorry, why divulge it and break up a family. Lying was a saintly act back then.
Not lying was demonic in the 90s.
"...Obviously the "rule of law" is only important when the Republicans are going after a Democrat..."
When the Jones case resumed, the so called "material fact" defense was moot.
Clinton did lie. His admission of guilt resulted in his dibarrment and paying the fines.
Is that true that Starr filed rape charges against Bill Clinton for his sexual assault on Juanita Broderick? I was not aware of that.
March 7, 2007 9:27 AM | Reply | Permalink
I'd think carefully of having such an investigation, unless most of its findings were classified. The unintended consequence, were too much to get out, might reveal too much in the latter part of what is often called "sources & methods".
The lines among overt, covert, and clandestine often get blurry, as do the ways cover and deniability are constructed. From my intelligence training, a clandestine source, in principle, is just known to the US government and members of an agent network. A covert source, or covert action like "black" attacks, is known about by the other side, but is deniable and very hard to trace back to its sponsor. When a CIA officer is accredited as a diplomat, works with the government in that country, but whose activities can be denied by the Ambassador and State, that's another variant on covert.
The British have been known to handle their diplomatic cover differently. For quite some time, it was understood that the "Passport Control Officer" worked for SIS/MI6. In a few cases, people were actually listed as "intelligence officer", on the theory "if you have something to tell British intelligence, shouldn't we make it easy for you to do so?"
Still, both clandestine and covert activities need cover. Cover varies from what was called "flash alias documentation", such as a driver's license and credit cards that look real but are not in their issuers' data bases, to a fully constructed artificial identity that will stand considerable investigation. At one point, there was a CIA office called the Central Cover Staff, which handled such identities for the US government as a whole, since the methods of establishing cover are nuanced and take special skills, including forgery. Having the range of techniques used in constructing cover be public, however, could cripple human intelligence.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
March 7, 2007 9:30 AM | Reply | Permalink
If the support fund is there to help whistleblowers, is there any money set aside for Armitage or is it only for leakers that lie about the President like Wilson?
March 7, 2007 9:31 AM | Reply | Permalink
I believe it's a matter of public record that Larry is pissed about Valerie's outing, and continues to take it very personally. I'm pretty sure he's not joking. I certainly didn't read it as a joke. He's angry. Not cracking wise.
March 7, 2007 9:32 AM | Reply | Permalink
Today, Pat Buchanan, admitted Nazi-admirer, and right-wing louse next to none, asks (reasonably):
"why has the Democratic Congress, on taking power in January, not begun a broad investigation into how we got into this war?"
This is something I want to know too. And all the excuse-makers and apologists for the Democratic Party can line up and tell us how fine the Democrats in power are, and we still cannot get a meaningful investigation into the criminal actions of the Bush gang. Excuse me, but Democrats once again live up to their gutless billing.
Buchanan suggests an answer. I do not know if I buy it, but the Democrats sure act like they are either playing politics or have something themselves to hide. Here is what Buchanan says:
"This is the dog that didn't bark. And the reason the dog is silent suggests itself. The Congress, in voting President Bush the authority to take us to war against Iraq at a time and place of his own choosing, failed to do its duty by the Constitution. In October 2002, to get the issue off the table for the election and give themselves political cover against the Rovian charge they were tying the hands of the commander in chief in the War on Terror, a Democratic Senate -- Clinton, Kerry, Edwards, Daschle, Biden, Reid all assenting -- voted Bush the blank check for war that he cashed in five months later.
The dilemma a Democratic Congress faces in any investigation into whether we were lied into war is that Congress would be investigating why a Democratic Senate failed its constitutional duty to determine the necessity for war. "
Is he onto something?
March 7, 2007 9:36 AM | Reply | Permalink
Pardon doesn't really do much to the civil case. Emptywheel has lots of good analysis on this issue over at The Next Hurrah (will require some digging in the archives, but it's worthwhile).
March 7, 2007 9:37 AM | Reply | Permalink
Bush can pardon for anything relating to a particular event or for any crimes prior to the date of the pardon.
For instance, Clinton gave one such pardon to Marc Rich who among other things was a middleman for Saddam Huseein's Oil for food bribery scheme to corrupt the UN. Clinton was approached by Marc Rich's wife. Who recomended that Clinton could be easily convinced?
Marc Rich's attorney made the recommendation to Mrs. Rich. The Attorney was I. Scooter Libby.
March 7, 2007 9:37 AM | Reply | Permalink
Jokes about prison rape are much more common than the slurs of Ann Coulter and not liking either does not make them equal. Have you ever watched "CSI:Miami" or just about any other cop show in the past five years? It's rare that catching the bad guy does not involve a line alluding to prison rape.
March 7, 2007 9:39 AM | Reply | Permalink
One comment I'd like to make on the prison rape jokes -- I agree; they are not funny.
But many men didn't really understand how serious the rape of a woman was until male prison rapes came to light. Overnight it seemed to me, men realized that sex without consent isn't fun. Or funny.
That said...
People like TJKing really don't want to know the truth. They have talking points; one of them is questioning whether Valerie Plame was covert. If one listened carefully, Fitzgerald confirmed that she was.
Here's how people like TJKing post:
"The argument that if CIA requests an investigation, we should just skip a trial and go straight to the electric chair based on the divinity of the Agency is truly a scary assertion coming from the left."
A scary asertion "coming from the left" is that "we should just skip the trial and go straight to the elecric chair"?!!?
I beg your pardon?
A factual scarey assertion from the right is that perjury and obstruction of justice are irrelevant crimes.
And before I hear, yet again, the only excuse Republicans have for anything -- "Clinton did it!" -- here are the facts:
Ken Starr presented charges to a Grand Jury, who refused to indict the defendant. So Ken Starr went to the GOP Congress.
Pat Fitzgerald presented charges to the Grand Jury and they, in contrast, turned out five felony counts. Then a jury of our peers convicted the defendant.
Now... WHO had the "weak" case?
I know a Republican won't be able to see the subtle difference, but when Ken Starr couldn't get a indictment, nevermind a conviction, he went to his friends.
Now that regular people convicted a Republican in a court of law, perjury and obstruction of justice are suddenly quaint concepts.
From everything I hear from "the buzz" among my co-workers, etc., if the GOP keeps downplaying this case, they are to continue to wear that 2006 corruption label well into 2008 -- eh, as in November of 2008.
March 7, 2007 9:45 AM | Reply | Permalink
For someone who has rattled on and on and on and on about all the information and experience thyt've aquired 'round the Beltway crowd, I find it quite puzzling myself.
But the puzzlement I have is that this Howard fella is puzzled.
The the DOD Office of Special Plans headed by Feith, certainly was not set up within the oversight of congessional review, such as the NSA and/or Defense Intelligence Agency.
Now, I wish Howard would hurry up and find us the EO and the specific citations and sections of that EO that allows such an Office of Special Plans to exist without congessional oversight ...
~OGD~
March 7, 2007 9:46 AM | Reply | Permalink
Did the legal analyst happen to be Victoria Toesing? (ahem)
~OGD~
March 7, 2007 9:50 AM | Reply | Permalink
When you have a weak argument I could see why you might regret posting it. Read the thread.
Even the Jury voiced astonishment as to why they were sitting in judgement of Libby when the so called initial crime was solved before the investigation was started.
Fitz, yesterday argues that anyone that lies or misleads him or the grand jury should be strung up. It is convenient for Fitz that Armitage confessed to being the leaker that lead to the publicizing of Plame at the very outset, but Armitage lied about his meeting with Woodward where he leaked classified information. He shared the classified memo with Woodward which does not require the "covert status" to indict. Armitage lied and only admitted to it after the authority of the investigation had expired and only at the urging of Woodward.
Fitz could have indicted Armitage for a no brainer, but that would have gotten in the way of a case against a White house official.
Just one more reason the jury is still scratching their heads at the bizarre witch hunt of Fitz.
March 7, 2007 9:51 AM | Reply | Permalink
Rocky believes the OSP is a criminal violation of the 1947 National Security Act, which gives only Congress the power to establish and create commission for an Intelligence Agency, and thus the OVP's involvement in establishing the OSP could be criminal.
******************************************
I have to agree that this sounds kind of silly, Howard. Follow this theory out to its logical conclusion and none of the branches of the armed forces would be able to gather intelligence without specific authorization from Congress.
March 7, 2007 9:52 AM | Reply | Permalink
If the "no underlying case" was a valid defense why didn't Libby's lawyers use it?
*****************************************
They weren't allowed to.
March 7, 2007 9:54 AM | Reply | Permalink
Jan
Its Alice in Wonderland. If I had a world of my own, everything would be nonsense. Nothing would be what it is, because everything would be what it isn't. And contrary wise, what is, it wouldn't be. And what it wouldn't be, it would. You see?" She wasn't covert. :)
March 7, 2007 9:57 AM | Reply | Permalink
Am I to understand that you call him a nazi-admirer and then go on to detail how much you agree with him. What is the point of those two concepts being linked in your post?
March 7, 2007 9:57 AM | Reply | Permalink
Nice diversion to link Oil-For-Food corruption to Clinton, but it'd be more accurate to link Marc Rich with the Iran hostage crisis.
March 7, 2007 9:58 AM | Reply | Permalink
TJ, need I remind you that Clinton wasn't impeached for improper relations with a consenting adult; he was impeached for LYING about it? Need I also remind you that Kenneth Star was not named special prosecutor to root out instances of hanky-panky, but to investigate financial dealings that took place long before the Clintons took up residence on Pennsylvania Avenue?
Whatever the pretense was for the special prosecutor, Libby wove himself a whopper trying to keep speculation away from the integrity of this administration. Whatever the claims have been about the president's priviledge to declassify any information he sees fit, there is still a procedure to prevent these kinds of ad hoc dealings with sensitive materials. Somewhere in the chain of command, someone decided one morning to cast doubt upon a critique by using information that was classified. Once the realization struck that what had been done was unethical at best, illegal at worst, the cover-up began.
To use a figurative analogy so you can get this into your skull: there is no law against getting a blowjob, but there is a very serious law against lying about it to a grand jury.
March 7, 2007 10:00 AM | Reply | Permalink
Good one, Beavis.
March 7, 2007 10:00 AM | Reply | Permalink
Is possible that those members of the jury (not The Jury) who expressed astonishment were just drama queens who had trouble remaining focused on the narrow case before them?
March 7, 2007 10:03 AM | Reply | Permalink
While the wingnut armchair legal experts come out of the woodwork with their novel theories and hand waving, it's important to remember the Big Picture--at its core, this case was about the Niger 'yellowcake' documents, which noboby can dispute as being blatant forgeries.
March 7, 2007 10:03 AM | Reply | Permalink
Are you arguing that we should amend the constitution to eliminate impeachment as a remedy for Presidential high crimes and misdemeanors. If true, I guess that makes Clinton still open for a criminal indictment, since you seem to disregrad the special status of charging the chief executive.
On the contrary, the GOP will not downplay this case. They will continue to use it to show the incest between the left and the media. Let 2008 decide.
March 7, 2007 10:03 AM | Reply | Permalink
I was linking pardons with Libby, Clinton just happened to see a scandal and choose to jump on board, as is his way.
March 7, 2007 10:06 AM | Reply | Permalink
Thanks, BH.
March 7, 2007 10:07 AM | Reply | Permalink
I'm passing on the merits of the civil case, but you're correct in the above. One just needs to look at the OJ Simpson case. He was found Not guilty in a criminal court, but lost in the ensuing civil case.
March 7, 2007 10:08 AM | Reply | Permalink
No it wasn't a politically-oriented commentator, it was more like a legal handicapper, i.e., in answer to the question "what are their chances of success with the suit?" And my comment was not intended politically, either; anyone reading into my comment that I was implying they are motivated by money is reading it wrong. Seemed to me something people should understand more before predicting they are going to win a load of damages just based on the success of this Libby verdict. It is a fact that are doing better financially than when they were working for the government. How does one quantify the monetary damage or other damage done to them with a dollar amount?
Seems to me in my admittedly very limited understanding of monetary damages that this might be a very iffy, problematic case and I was welcoming actual legal commentary on that. It's helpful to have the website and the link to the original filing, but it still doesn't explain the chances to me like an objective lawyer's interpretation.
Matter of fact, a quick persual of the Wilson's site, I got the impression they don't give a damn about monetary damages, they are just using the civil suit system as a tool to get more stuff to come out. Which I personally think is great. BUT that belies what Larry said--it sounded inaccurate to me to predict that they are going to win a lot of damages and so far, it still sounds pretty inaccurate.
March 7, 2007 10:09 AM | Reply | Permalink
From what has been revealed publicly about the jury deliberations (and take those accounts with a grain of salt), it was just the opposite: the jury had no doubts on the 4 counts they convicted on, but wondered why Cheney and Rove weren't _also_ on trial. Not an "OR" but an "AND".
And they expressed sympathy for Libby being the fallguy while ALSO expressing sorrow that he had clearly committed a crime. Not an "OR" but an "AND".
Not that SFC... I mean Al... I mean our lovable TJ will accept that.
sPh
March 7, 2007 10:12 AM | Reply | Permalink
1- I don't know.
2- Me neither, who made that claim?
BAWK BAWK BAWK
March 7, 2007 10:15 AM | Reply | Permalink
From the Washington Post Editorial March 07, 2007
"Mr. Wilson was embraced by many because he was early in publicly charging that the Bush administration had "twisted," if not invented, facts in making the case for war against Iraq. In conversations with journalists or in a July 6, 2003, op-ed, he claimed to have debunked evidence that Iraq was seeking uranium from Niger; suggested that he had been dispatched by Mr. Cheney to look into the matter; and alleged that his report had circulated at the highest levels of the administration.
A bipartisan investigation by the Senate intelligence committee subsequently established that all of these claims were false -- and that Mr. Wilson was recommended for the Niger trip by Ms. Plame, his wife. When this fact, along with Ms. Plame's name, was disclosed in a column by Robert D. Novak, Mr. Wilson advanced yet another sensational charge: that his wife was a covert CIA operative and that senior White House officials had orchestrated the leak of her name to destroy her career and thus punish Mr. Wilson".
Mr. Wilson never claimed that he was sent by the Vice President and, Mr. Wilson's wife was never in the decision making orbit regarding the trip to Africa. Why is the Washington Post indulging in propagating these falsehoods?
March 7, 2007 10:16 AM | Reply | Permalink
It still doesn't make it right.
March 7, 2007 10:16 AM | Reply | Permalink
one summary of the jury's press conference:
Jury Describes Decision as Hard but Inevitable
By ERIC LIPTON, New York Times
and note that for those who have more time and don't trust reporters' summaries, the article also furnish a link to the complete transcript of the conference in the menu at left. :-)
March 7, 2007 10:19 AM | Reply | Permalink
There are several ways to introduce evidence into court to decide if she was covert without opening up more classified information. Even covert operatives have to have records in the bowels of the Agency.
If she did travel to a foreign country on official business and was "posted" in a foreign post. Here salary would reflect a change in compensation based on that. Thats just one of many records that are kept on record that traces her status. It is also possible that she could have had NOC status that was classified, but anything is possible. If the fear of disclosing was that bad, then why call Fitz in the first place.
I saw on Nightline last night the leaker that exposed the ATT NSA terrorist surveilance story. They could have told the story without sharing sources and methods or even going into detail about the switches and how detailed the engineering was. That was not necessary, but there they were last night showing the actual blue prints and documents close up and photos of the Server room. I am amazed how the left is not so interested in leaking classified information that can endanger tens of thousands of innocent American lives when it serves their purpose.
March 7, 2007 10:19 AM | Reply | Permalink
Yes. You are to understand that I agree with the right-wing turd on this. One reason I voted for the Democrats was that I thought Pat Roberts was a Bush flunky and I wanted the causes, the lies, the abuses of Bush Cheney brought into the open so they would not happen again and corrective action could be taken and the nation as a whole understand the origin and nature of the policy and the ethics of the war party.Am I to understand you find the demand for serious congreesional hearings on the cause and lies of Bush-Cheney off the political spectrum because the Democratic leadership has decided to continue the Bush-Cheney-Roberts cover-up?
March 7, 2007 10:22 AM | Reply | Permalink
Excellent summation, Counselor. However, you have a distinct disadvantage when debating TJ, your posts have to make sense.
March 7, 2007 10:25 AM | Reply | Permalink
Note to BushLiedPeopleDied:
Not that I favor jokes about any type of violent behavior, but Larry and Josh are just gonna have to live with whatever Karma comes their way ...
Now is there any other substantive remarks you'd care to present about the topic of Johnson's article?
There's seems to be a notable absence of any further comments you've made in this entire thread. You know, besides the "Bush Lied People Died" mantra. Like ... what's you feelings about the administration's actions of disassembling the Constitution and the people's Bill of Rights right before you very own eyes.
~OGD~
March 7, 2007 10:30 AM | Reply | Permalink
Ah, all mimsy eh?
March 7, 2007 10:36 AM | Reply | Permalink
I know I am preaching to the choir here, but there does not need to be any underlying crime. You do not lie to law enforcement when you are interviewed. Otherwise, all crooks would just lie to police/prosecutors in hopes that their obstruction of justice would prevent the underlying crime from being prosecuted.
RULE OF LAW! RULE OF LAW! WHAT WILL WE TELL THE CHILDREN?
March 7, 2007 10:41 AM | Reply | Permalink
You don't need to be puzzled, although it would help a bit if you understood better what can legally be done by an agency head and what requires Congressional approval.
The White House level authority for DoD intelligence comes under the authority of Executive Order 12333, "United States Intelligence Activities.
This EO cites its legislative authority as:
The EO delegates authority to agency heads and the NSC.
An EO is not required when:
To reiterate, from the Congressional standpoint, the Secretary of Defense is authorized, by line items in the DoD budget (plus black items hidden elsewhere, selectively disclosed to Congress). There is usually a TS/SCI/SAR (Special Access Required, the DoD equivalent of SCI) appendix to the appropriations report. Some black budget items may actually be funding for CIA and other nonmilitary components.
In general, DoD intelligence activities come under DoD Directive 5240.1, which defines Intelligence Activities as "the collection, production, and dissemination of foreign intelligence and counterintelligence by DoD intelligence components authorized under reference."
The current version was issued in April 1988, superceding an earlier 1981 edition that was more specific to the collection of intelligence under US citizens. It does allow for the creation, under the authority of the SecDef or official with delegated authority,
Was the Office of Special Plans created under Section 3.4.16 authority? If not, but it inserted itself into the intelligence process, it may have been in violation of DoD directives, which does not make it illegal. Unwise is another matter.
There is a question if the Office of Special Plans was considered an intelligence function, even though it appeared to present itself as such to the NSC, VP, and President. For many years, there has been an Office of Net Assessments in DoD. Net assessment, I believe, is better described by the fUSSR term of art, the "correlation of forces".
Correlation of forces makes recommendations based on intelligence about foreign capabilities and capabilities of our own forces. Classic intelligence is not supposed to include policy recommendations, while net assessment/correlation of forces is intended to generate such recommendations.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
March 7, 2007 10:44 AM | Reply | Permalink
LIGHT BULB!
I won't disagree with ya'... But there's some nits on my Labrador that seriously needs picking ...
~OGD~
March 7, 2007 10:44 AM | Reply | Permalink
TJK, the main reason there will not be an investigation is because there can't be a trial over Plame's status.
If Plame's status became an issue, the evidence to establish that fact is classified and would hurt national security to release it to a jury. At that point, a judge can decide to dismiss the indictment. That is why Fitzgerald was so careful to make Plame's status irrelevant in whether Libby lied to the grand jury. However, if Plame's status was not covert, you can be sure that Libby's lawyers would have been able to get that evidence introduced, as there would not have been national security issues at stake.
Even the most hard core Republican elite recognize this case for what it was/is, which is about the way the Executive Office and the OVP used intelligence to serve their own ends and to smear war critics when outed. They also realize, like the jury, that Libby was the Cheney/Rove fall guy.
War does not determine who is right - only who is left. Bertrand Russell
March 7, 2007 10:51 AM | Reply | Permalink
~OGD~
Pot, kettle, black. Haven't seen you contribute any noticeable amount of content lately except berating other posters. You will find others on this thread who also found the joke offensive enough to comment about it. You going to go through the thread them and troll them too?
BTW, you can find the past contributions of that member by clicking on his name or here. Seems to me he's in the habit of commenting when he feels he has something important to say, rather than just baiting others into participating in a barroom brawl.
March 7, 2007 10:51 AM | Reply | Permalink
How can showing details of the engineering mechanics endanger thousands of innocent Americans? That makes no sense.
War does not determine who is right - only who is left. Bertrand Russell
March 7, 2007 10:55 AM | Reply | Permalink
I'm not sure which post you are responding to here, but I'm game.
After 10 years you'd think this phoney claim that Conservatives believe he was impeached because he used the oval office as his personal blowjob bungalow. Do you have any links to any Legislators that believe that sex alone is a grounds for impeachment? One might exist,.. and if it does I'd love to see it, but in 10 years I've never heard of it. Please
share.
We just got done listening to Fitz explain how even the slightest fib to a single faux government investigation is worthy of 25 years in a cage. The left cheered and Larry here jumped in with his prayers for Libby to be forcibly raped. Mr. Johnson seems to think about Sodomy alot. He posted here a couple of weeks ago about his imagining being Sodomized by animals. But, thats Larry.
The four articles of Impeachment against Clinton did not include his sexual acts, his sexual assaults or his forcible rape.
He was charged with "Perjury in Grand Jury testimony"
He was charged with "Perjury in Paula Jones case."
He was charged with "Obstruction of Justice in Jones case including witness intimidation and subourning of perjury."
He was charged with "Perjury to Congress in response to 81 Questions from the Congressional commitee".
Clinton lied to and obstructed in all three of the branches of government. He lied under oath to the legislature, the Court, and the representative of DOJ, the Special Prosecutor.
That kind of trifecta is hard to pull off. Libby gets 25 years for a "he said, he said" against the word of two individuals, Cooper and Russert who were both caught lying.
"...To use a figurative analogy so you can get this into your skull: there is no law against getting a blowjob, but there is a very serious law against lying about it to a grand jury...."
He also lied about other things other than the actual sex acts.
I'm not sure what post you are responding to here, but since you brought this up, I do believe Clinton lied before Judge Wright's court and he admitted his guilt, paid his fines, and had his license to practice law torn up and flushed down the toilet.
His choice of what he did with his limited time by using his position to blow his load in some girls face is not a crime, it is irresponsible and negligent, so don't think I haven't got that "into my skull". How you let these confusing thoughts enter your skull, is your problem.
March 7, 2007 10:59 AM | Reply | Permalink
Dear apologist for the scumbags...
Relating to comments: A ... B ... C ... D ... E ... F ... G ... H ... I ... J ... K ... L ... M ...
~OGD~
ps: As it stands presently Scooter Libby is currently a C-O-N-V-I-C-T-E-D ... F-E-L-O-N
March 7, 2007 11:00 AM | Reply | Permalink
Well we'll have to agree to disagree on what is nitpicking.
I don't consider it nitpicking to bring up the topic of the motives for & possible success of their civil suit on a thread labeled "Next Steps in Plamegate," especially one where the writer implies the suit is going to be a slam-dunk based on: nothing really.
I do consider it sort of nitpicky and an attempt to drag the thread off-topic of "Next Steps in Plamegate" by mentioning Victoria Toensing. Unless you're going to predict what she will say in her next appearance on TV regarding their civil suit because you have inside info. on the right wing noise machine's plans.
March 7, 2007 11:00 AM | Reply | Permalink
RULE OF LAW! RULE OF LAW! WHAT WILL WE TELL THE CHILDREN?
Exactly, why, WHAT KIND OF MESSAGE IS LIBBY SENDING OUR CHILDREN BY LYING, AND LYING UNDER OATH YET!!!!!
March 7, 2007 11:02 AM | Reply | Permalink
I'm afraid this is another example, like getting all shocked about cultures that might be used in biological warfare, of not having a sufficiently deep understanding of the technology to know what is, and is not, hard. In this case, the CDR collection is off-the-shelf technology.
That which is used for data mining of CDRs, or for speaker recognition in voice, is decidedly hard, and almost certainly would be at NSA, rather than in a telco equipment room. "The Left"? Nonsense. These issues have been argued for some time in professional circles dealing with carrier networking, privacy, and intelligence. The basic analytic technique is common with principles of infection tracking that go back to John Snow in the mid 19th century.
Aside from any issues of civil liberties, there is very significant professional doubt that this technique is likely to yield useful information, other than a volume of leads that the FBI doesn't have the manpower to investigate.
When one gets into the issues of civil liberties, there is no reason that an expert panel, under full security restrictions, cannot evaluate the program's feasibility. This was done quite successfully by the Senate Intelligence Committee, to determine if there was a back door into the NSA-approved, now obsolete, Data Encryption Standard. Now that the mathematical workings of the "S-boxes" in that standard have been declassified, the consultant report, that there was no back door, has been violated.
Good intelligence can prevent risks to Americans. Badly conceived intelligence programs can divert resources from useful programs, and there are quite a few indications that this is a badly conceived program.
That there has been no technical disclosure to Congress, in a manner that can be reviewed by cleared but independent experts, cuts off one check and balance against a bad program. That the Administration refused to go to the FISA Court for authorization, and even refused Republican Congressional offers to amend FISA, is again indicative of a denial of checks and balances, and GWB's concept that he is above law. -- Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
March 7, 2007 11:12 AM | Reply | Permalink
I note your opinion and I really don't give a whoop... but you already knew that...
Selective read? "Not that I favor jokes about any type of violent behavior... "
Need a hot cup o' joe?
~OGD~
ps: And this place never ceases amaze me .. One person's unproductive is another's excellent . . .
March 7, 2007 11:12 AM | Reply | Permalink
So you still remain puzzled... And all the info in that comment hasn't clear it up.
So it looks like the Senate Committee will decide the issues.And I venture to say, that's exactly why Rockefeller has issued his statement.
~OGD~
March 7, 2007 11:23 AM | Reply | Permalink
It's not silly at all if you go back to the legislative debate in 1947 leading up to the passage of the National Security Act.
Remember, this was passed by what Harry Truman called "that no good Republican Congress" -- so the framework is the gift of that group. In particular, they were deeply upset that FDR had created a whole host of organizations, outfits, programs, by executive order during WWII, and had, for the most part, kept Congress quite uninformed. Thus the framework needs to be understood in that context. There was also then, and over the next several decades, the competition between J. Edgar Hoover and virtually any other investigative/intelligence center in Government. Hoover wanted control, and many of the "wars" are part of those turf fights.
Part of the compromise was to give congress exclusive rights to establish and commission an intelligence organization. Now not all these decisions are in the open, for instance when in the 1950's the NSA (National Security Agency) was created, it was top secret -- for years NSA stood for no such agency, but what it did was merge all or virtually all the signals intelligence work in the services, and in civilian agencies with the decryption and code breaking - code making functions scattered about, and it had an official structure, a line item in the budget (in the black budget for years) and it had a commission -- what was the mission of the agency. It had reporting channels, and while congress did little with it, it always had oversight powers. Agency heads had to be confirmed by the Senate.
Of course the Services have intelligence services, they are linked together through the Defense Intelligence Agency -- Again, line items in the budget, official reporting channels, oversight by Armed Services and in recent years some emphasis on members of the Intelligence Committee also on armed services, having places on the appropriate subcommittee.
Where OSP may have been created contrary to the National Security Act is that it was not created as a piece or section of DIA -- It did not report through the formal management of DIA, rather Feith's operation ran through Wolfowitz to Cheney's office. It did not report through a system that had congressional oversight. This is where Rockefeller finds the potential of a criminal violation of the 1947 National Security Act. He suspects it may have been set up as it was so as to avoid congressional oversight -- and that is a criminal matter. Done legally, it would have been a program within DIA, and the Director of DIA would be subject to Congressional review on the program. It is all a little nitpicky, but in a way it is a repeat of what Bill Casey tried with Ollie North and the NSC -- an off the shelf, and off the books operation. And that too got some folks in a heap of trouble.
March 7, 2007 11:26 AM | Reply | Permalink
You may be puzzled. The Howard fella is not, as indicated, perhaps, by your wondering if I could come up with the relevant EOs, etc., which I did in a very few minutes. Is it that you want others to do your research, or that you don't care if you have facts before throwing out an opinion?
As your first quote shows, I see no indication there was illegality in having the Office, although there may have been a technical violation of DoD directives. Rumsfeld, subject to EOs and legislation, is not bound by directives issued by his predecessors or himself.
You did not raise the possibly more significant issue if Feith deliberately misled policymakers, although that's more likely to be something coming out in an impeachment hearing---or a Congressional hearing.
The Senate Intelligence Committee can throw light on the situation, but it certainly doesn't have the sole authority to decide. Venture more as you will.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
March 7, 2007 11:28 AM | Reply | Permalink
Most leopards don't change their spots...
~OGD~
ps: I get no information on any of this crap from TV ... It's against my basic principles...
March 7, 2007 11:31 AM | Reply | Permalink
lying about a blow job? a greater threat to the Republic than Osama bin Laden!
lying about exposing the cover of a CIA spy working on preventing the spread of WMDs? not so much.
March 7, 2007 11:36 AM | Reply | Permalink
Libby worked for a guy who instigated the torture at Abu Ghraib and Gitmo. Which included prison rape.
Somehow, I don't feel much outrage at Larry's comment, and while I don't actively wish prison rape upon Libby, I do wish in a general sense that he would suffer some of the consequences of the policies he's helped promote.
Whether or not that happened to include prison rape, I really don't care either way.
March 7, 2007 11:40 AM | Reply | Permalink
What for? The CIA determined she was Non-Official Cover. Otherwise there would have been no investigation for Libby to LIE to.
The CIA determines who they designate as an undercover agent or not. What is so hard for you wingnuts to understand about this?
March 7, 2007 11:43 AM | Reply | Permalink
2008? Bring it on. There will still be mountains of GOP corruption to investigate in Congress, to remind voters of how badly they have been screwed by Rethuglicans for years.
I am leaning towards voting for Hillary, for the sole reason that her election would significantly decrease the wingnut population by causing aneurysms from their bouts of rage.
March 7, 2007 11:47 AM | Reply | Permalink
Howard, Let me clarify. When I used the term Blueprint, I was referring to papers that show schematics and diagrams, etc. I was not using the term in the literal sense, more the figurative. Sorry for any misunderstanding.
If I remember during the Clinton Administration the Carnivore program was described as having a cop stand on the side of the road and look for a specific license plate as he watches every license plate on every car that drives by. Is that a fair analogy?
March 7, 2007 11:48 AM | Reply | Permalink
Bring it on? Wasn't that John "F"'n Kerry's punchline in 2004.
March 7, 2007 11:50 AM | Reply | Permalink
Sorry Howard ...
I'm far from being puzzled, other that your initial statement as to you being puzzled.
It appears to me, now you're beginning to confuse by conflating, me wishing for others to do my research, or that I don't care if I have facts before throwing out an opinion. That's not the the nexus of this matter. It's not about you, and it's not about me. So try that word ploy somewhere else. Not with me.
The Congress and the Senate Intelligence Committee have every right within the Constitution to oversee every last damn cent spent in every department in the US government. Now you or I may call that micro-managing. But the Senate Intelligence Committee is tasked with doing due diligence for we the people. No matter the DoD directives, EOs, memos, back door orders etc. etc., blah blah blah...
~OGD~
March 7, 2007 11:50 AM | Reply | Permalink
Here we go. Its been only 24 hours and You and Larry and a few others are trotting out this trial balloon for the first time that we will never know if she was covert, because its double super secret probation or whatever. That reverse logic is not going to have legs and the fact that it has become stylish in the last 24 hours when it hasnt been used after 4 years.
Congress should tell the truth now and be done with it. The people deserve to know just how much of a phony fish hunt this was. If Larry and others believed she was covert, they would want the truth out too. They know she was not.
March 7, 2007 11:57 AM | Reply | Permalink
No, Carnivore would look for those plates, and then invisibly search the car's contents.
Yours is a closer analogy to the current Call Detail Record copying (I'm avoiding the word intercept). The law and decisions are really mixed about there being an expectation of privacy not on the public streets, but inside communications channels. I include postal mail as a communications channel.
There have been court rulings that "mail covers", writing down the return address on every piece of mail to an addressee, should have a warrant. What used to be called a "pen register", but now is the CDR technology, is more problematic. The Communications Act of 1934 said pen registers required a warrant, but later legislation and decisions indicated that the numbers called/calling are not under an expectation of privacy. The legal history here is somewhat murky.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
March 7, 2007 11:59 AM | Reply | Permalink
And about the:
Well these sure don't look like your run-of-the-mill everyday civil suit charges:~OGD~
March 7, 2007 12:04 PM | Reply | Permalink
At 12:46 today, you posted:
The the DOD Office of Special Plans headed by Feith, certainly was not set up within the oversight of congessional review, such as the NSA and/or Defense Intelligence Agency.
Now, I wish Howard would hurry up and find us the EO and the specific citations and sections of that EO that allows such an Office of Special Plans to exist without congessional oversight ...
How does "I wish Howard would hurry up and find us the EO and the specific citations and sections of that EO" not equate to your wanting me to research just those matters of puzzlement? How is that "word ploy" when you suggest that information would be desirable, and then you suggest I go get it?
Yes, I agree that the Congress and the Senate Intelligence Committee has the right to oversee "every last damn cent spent in every department in the US Government." The Congress also approved the DoD budget, and the laws allowing the Executive Branch to reallocate funds. There are other laws governing intelligence activities, especially concerning information on US citizens.
I disagree, however, that Congress must preauthorize any action taken by the Executive Branch, other than quite specific things such as declarations of war. When I was a contractor at the Department of Labor, the GS-17 in charge of automation (a deputy assistant secretary, IIRC) was demoted to GS-16 Director of Data Automation. Other than the internal consensus that his abilities were better suited to GS-1 assistant janitor trainee, I doubt this action even came up on Congressional radar.
Congress did note, mostly because it was the "Memo of the Month" in the Washington Monthly, when the Department of Justice announced that the Office of the General Counsel would, from then on, be called the Office of the Legal Counsel, while that which had been the Office of the Legal Counsel would be the Office of the General Counsel.
Due diligence is one thing, but writing legislation is another, getting House confirmation is another, and getting Presidential signature or overriding a veto is another. In the absence of legislative direction, the Executive is indeed free to operate with what you term blah blah blah and other things. Should you care to read the actual text of such things as the National Security Act of 1947, or a variety of technical laws on budget, you will find that Congress gives the Executive freedom, with exceptions, to decide how and where to spend its appropriations.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
March 7, 2007 12:10 PM | Reply | Permalink
His own defense, in their opening remarks, stated that Libby was a fall guy, which is a virtual admission that Cheney, Bush, and Rove committed a crime, namely the crime of outing a covert agent and exposing a secret overseas WMD operation and all its agents. They said they planned to call Cheney as a witness but then decided not to.
Now that he has been convicted, Mr. Libby may face karmic punishment in prison from other prisoners, and he is also a felon, who will lose his law license and be debarred from voting and many other things that will affect his income and family life. His children and nieces and nephews will live a life of shame.
His defenders now have reason to worry that, like the late Martha Mitchell, who died with mysterious swiftness around the time when her husband was convicted, Mrs. Libby will now spill the beans or pressure Hubby to do so. He must know a lot.
March 7, 2007 12:13 PM | Reply | Permalink
Whenever a President abuses something, it's worth thinking if the thing abused has been used well by other Presidents, or if it really should not be available to any. There is a difference in my mind between the general Presidential power of pardon, and lame-duck pardons just before leaving office.
Ford's pardon of Nixon probably cost him any chance of reelection, but Ford had the courage to do it two years before the next presidential term. It was hardly stealthy. While it can be argued if it was wise, I respect Ford's intention of moving on after a national tragedy.
Given that example, I would not be opposed, for example, to cutting off pardon authority after a new President was elected, unless the current President had been reelected.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
March 7, 2007 12:20 PM | Reply | Permalink
If Larry and others believed she was covert, they would want the truth out too. They know she was not.
TJK, the reverse would also be true in that Libby's lawyers would have wanted Plame's status known if she was not covert or NOC. AND, they would have been able to bring that out according to the affidavit
filed Nov. 18, 2005. There were 2 types of unclassified information that were covered by a general protective order. From paragraph 5 of the affidavit:
War does not determine who is right - only who is left. Bertrand Russell
March 7, 2007 12:23 PM | Reply | Permalink
Arta, I agree.
The Wilsons aren't naive nor did they just fall off the turnip truck, and the same goes for their circle of friends. I'm sure they researched among those legal beagles they know what a civil case would entail and their chances of receiving some monetary damages. Any money awards are incidental.......
I think they just want to get the Bush gang in discovery and under oath.
March 7, 2007 12:35 PM | Reply | Permalink
But that would ruin all the fun!
Jan Knaus
March 7, 2007 12:46 PM | Reply | Permalink
Another problem Libby is facing is legal fees. I know the right wing already chipped in a bundle and they may continue to carry him. Libby also has a family he has to help or fully support, and as far as I know he's out of work right now.
His situation reminds me of that old saying; "He's up Shit's Creek without a paddle."
March 7, 2007 12:47 PM | Reply | Permalink
He will not live a life of shame, and neither will his children. The right wing has flown to his defense and are rewriting the script as we are writing our thoughts. He is a hero because he kept (so far) Cheney out of the line of fire. He kept the truth from coming out. That is what the neo-cons want. He will believe the story and so will his children. As to his income? Get serious! Cheney has all that taken care of. Bet on it!
This "family values," and "culture of life" cult, they laugh at Anne Coulter calling for offing judges and Presidents. Out of the other sides of their mouths they go ballistic when someone tells a joke and flubs it. Their hypocrisy knows no bounds.
Yes, if there were a real desire to acknowledge reality he would be scorned and die in disrepute, but that world was stolen from us by Bush et al. They spy without warrents, they torture and they have given Habeas Corpus the finger! Libby is a freckle on the ass of this monster, and they will call him a beauty mark.
If you don't believe me, go back and read TJKING's drivel.
Jan Knaus
March 7, 2007 12:56 PM | Reply | Permalink
J. McCutchen
Done Larry
Thank you! Please note that if you are not a constituent, this form will not process your entry. Non-constituents should visit http://democraticleader.house.gov to learn more about Congresswoman Pelosi's role as Democratic Leader.
Name: John Mccutchen
E-mail: jmac@sfsu.edu
Comments: Dear Madam Speaker: Yesterday on the District Courthouse steps, Libby juror told assembled reporters "It was said a number of times, 'What are we doing with this guy here? Where's [Karl] Rove ... where are these other guys?' " It is now clear from the public trial record that the Vice-President was at the center of Libby's cover-up. Libby obstructed justice to cover up the White House continuing course of deceit pursued to lead this country to an illegal, unjustified war and thence to the greatest strategic disaster in US. That is more than enough to justify Chairman Conyers to open hearings in the House Judiciary Committee into articles of impeachment against Vice-President Richard Bruce Cheney. I ask you to support such hearings
March 7, 2007 12:57 PM | Reply | Permalink
Unfortunately, Libby won't go to a prison where he can get raped, the legal system saves those type prisons for those outside Libby's class.
March 7, 2007 12:58 PM | Reply | Permalink
And Armitage is a whistleblower why? In what universe? Oh, the one you like to make up!
Wilson didn't lie about the president. He told the truth. The president lied. Now, got it? Good. I thought you'd get it after a simple explanation! Now, go take your nappy.
Jan Knaus
March 7, 2007 1:00 PM | Reply | Permalink
The jurors were obviously liberals who hate America and support the terrorists.
March 7, 2007 1:01 PM | Reply | Permalink
They don't want to understand it, one whole leg of their table is their contention that Plame was NOT covert.
(another leg of their table is; if Plame was covert it was Clinton that outed her)
Imagine if you will; all that the Forces of Wingnuttery would have to face, all they would lose, if they had to accept the FACT that Plame was covert.
March 7, 2007 1:11 PM | Reply | Permalink
NEWSFLASH; Obergruppenfuhrer Pat Buchanan just invaded Poland!
March 7, 2007 1:16 PM | Reply | Permalink
Before you turn this into a rehash of the Clinton impeachment, allow me to deflate the whole issue. My point is that the grounds for an investigation and the naming of a special prosecutor does not have to be the one and only cause of an indictment and/or conviction.
The post I am taking you to task for is the one in which you try to derail discussion by calling into question whether Plame was ever "covert" to begin with and, thus, if a crime had even been committed to justify the whole trial.
My point, it doesn't matter. Libby lied. He lied to cover up a very good reason to question the integrity of this White House. And if Cheney is at all involved and is guilty himself of playing fast and loose with the truth and the law, he deserves impeachment.
March 7, 2007 1:29 PM | Reply | Permalink
You know what's really been puzzling to me, Howard? But no longer...
Where, at 6:39am Sara presented a direct question to Johnson and unknowingly opened the door for you to barge in with all this blah blah blah blah and take this thread in a totally sideward direction.... Your MO, even though I must give you credit that it is couched in such wonderful wordsmithing and and piles and piles of citations upon citations and government and military double-speak in addition to all kinds of trap-doors, it has become very transparent to me of your attempts to sidetrack and thereby confuse the train of thought of the original thread ... Maybe the proverbial straw with me was, "I could tell you my job, but then I'd have to kill you." Oh! I know I know... That was truly "tongue-in-cheek" or was it a "broad generalization" ???
Anyhoo ... Here's one for you Howard, in an attempt to steer back on course to Sara's comments.
Name the branches and the various departments in the US government that are granted the sole power of subpoena within the scope of the US Constitution and related US law.
Adios hombre...
~OGD~
ps: As I pointed out in an earlier 'ps' this week ... don't forget, Always try to keep what's real near...
March 7, 2007 1:30 PM | Reply | Permalink
In addition, I thought it would be educational if I attached the civil suit charges (from TPMMuckraker):
And here's the Prayer for Relief that states the following:From pages 22 and 23 of the suit (Muckraker PDF Documents):
~OGD~
March 7, 2007 1:39 PM | Reply | Permalink
Tell you what, O anonymous one. You go on about my terrible diverting situations with facts. You go on sniping about how I make the discussions other than what you want them to be, including when you appear not to understand the nuances of the question.
There's a character on CSI Miami that really sums up my reaction to this post of yours. If you take seriously my using the cliche "I could tell you my job, but then I'd have to kill you," you are guilty of "felony stupid", which ought to be, but isn't, a capital offense.
Add to that "felony arrogant". You've dodged my response about what you claim you didn't ask about citations about EOs and other things you apparently don't understand. Now, just why should I accept you as the Decider about where the discussion should be steered, and how you get to throw researchable questions at me, while you hide out and, much like the famous Wichee-Wachi Bird of the Wild West Show, get to throw out scorn and imprecation at those who displease you?
Yes, I believe things are very transparent to you. As far as your actual contributions to discussion, especially contributions of fact, they are extremely transparent. Indeed, they are so transparent I can look right through them, as if they weren't there.
Apropos of getting back to Sara's comments, I considered my comments quite appropriate to the decisionmaking, as opposed to the executive, power of the Senate. In other threads, I have repeatedly recommended Congressional hearings on these and other matters. Selective reading again, in your never-ending search for opportunities to snark?
Yes, I know about subpoena powers. Go and look them up.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
March 7, 2007 1:42 PM | Reply | Permalink
"Diversion" is one of their tools when the facts are inconvenient.
March 7, 2007 1:42 PM | Reply | Permalink
This back and forth is very puzzling indeed.
March 7, 2007 1:48 PM | Reply | Permalink
He huffed and he puffed and he blew...
Sorry hombre ... Is that some kinda movie or TV drama? I personally don't live in the world of TV drama..
~OGD~
March 7, 2007 1:48 PM | Reply | Permalink
Not to pile on or anything, but ...
Larry said: "Beyond the personal damage the White House gang also ended Valerie's covert career and also did lasting damage to an extensive intelligence network. The details of that story will never be told in order to minimize the harm already done."
Larry did NOT say: "we will never know if she was covert." Larry has made it very clear that he knows she was covert.
He's not floating a trial balloon, you are.
March 7, 2007 1:53 PM | Reply | Permalink
"If a President can be impeached for lying about a blow job then by God a Vice President should be impeached for setting in motion the forces that destroyed an intelligence network during a time of war."
And I thought sex was the enemy of America. What country do you think you live in, anyway?
March 7, 2007 1:56 PM | Reply | Permalink
I knew I was on dangerous ground there, wondering if people would see it as support for Libby getting raped, which it wasn't, in fact, it was a condemnation of our two tiered prison system.
My apologies for poor sentence construction.
March 7, 2007 1:58 PM | Reply | Permalink
Indeed. Then, perhaps, I shall turn to the Bard of Avon, and characterize your complaint as a tale of sound and fury, told by an idiot, signifying nothing.
I might cite Churchill's characterization of Attlee as a "very modest man with much to be modest about" but, alas, you fail the first part of that characterization.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
March 7, 2007 1:58 PM | Reply | Permalink
Heh, could be, but he wasn't daring al Qaeda to "bring it on" now was he?
March 7, 2007 2:01 PM | Reply | Permalink
Still huffing an' puffing ... Eh?
~OGD~
March 7, 2007 2:04 PM | Reply | Permalink
No, now I am ignoring noise.
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
March 7, 2007 2:14 PM | Reply | Permalink
Yeah, maybe someone should tell them to take it outside. ;-)
(Although I did get a laugh out of Howard's right hook in response to OGD's CSI jab.)
March 7, 2007 2:21 PM | Reply | Permalink
Right hook at a liberal site? Should I be insulted? :-)
--
Howard
*equal opportunity offense to both extremes*
"Those who cannot remember the past are condemned to repeat it" [George Santayana]
March 7, 2007 2:26 PM | Reply | Permalink
Doesn't trouble me in the least...
But since you're into into such high-browed cliches...
As the old Sumerian proverb goes:
My boat sailed about five posts ago.. and I'm seeking out honest ports for it.
~OGD~
March 7, 2007 2:38 PM | Reply | Permalink
:-))
March 7, 2007 2:49 PM | Reply | Permalink
I have secret knowledge that Elvis killed JFK on behalf of the Palestinians. I know that for a fact,...but since my connections to the intelligence community are super double secret... "..The details of that story will never be told in order to minimize the harm already done...."
He has had 4 years to try this smoke screen, but he didn't, in the last 24 hours he has tried this new angle for the first time and I have heard several others on the left suddenly parroting this story.
It's a trial balloon, and it is being shot down as a farce. Elvis lives at Area 51 also....secret...Karl Rove....secret,...can't tell you.
March 7, 2007 2:56 PM | Reply | Permalink
Here's that leopard I was talking about up here ...
By goodness ... look what I found posted by Eric Kleefield right here in our very own TPM Election Central:
Victoria Toensing, Washington lawyer and former Barry Goldwater Senate staffer, who helped write the 1982 law governing the leaking of a CIA official's identity:
Did anyone else get dizzy reading that circle-logic?
~OGD~
March 7, 2007 3:04 PM | Reply | Permalink
Some folks just so happen to love standing outside the sand box egging others to wrestle?
Yawn...
~OGD~
March 7, 2007 3:11 PM | Reply | Permalink
Now, now Howard, one mustn't introduce logic into the thread.
March 7, 2007 3:39 PM | Reply | Permalink
THEY ARE NOT FATUOUS!
March 7, 2007 3:43 PM | Reply | Permalink