Could Hitler Have Invoked 'State Secrets' To Thwart Jews?


This absurdly demands justice, on top of the US government's refusal to enforce the law against the DOJ officials who violated FISA and Geneva.



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Treasury Vagueness Lowers Confidence In American Governance


The COP said there was a problem with vagueness. Former IMF officials raised the same concerns.

What's worse than a financial crisis that is out of control? A government that still doesn't understand the problem and waves it's hands.

Change, the old way.

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Data Breach: FAA Statements Irreconcilable With GAO Findings


The FAA reports a data breach, where employee personal information was accessed. Press reports suggest this is not an isolated problem.

Yahoo: Hackers broke into the Federal Aviation Administration's computer system last week, accessing the names and Social Security numbers of 45,000 employees and retirees.
The President released February 9th, Monday morning, at 12:00AM a cyber security review, and announced appointment of Melissa Hathaway before the FAA news broke on February 10th. Hathaway's appointment was announced on the 6th of February.

The appointments compare with Obama's campaign goal and the White House agenda: "Protect Information networks."

It's curious to compare the published reports on the FAA data breach with GAO report summaries. We believe FAA issued misleading statements to the public as a smokescreen from cursory FAA management follow-up of "closed" action items; and other problems with management oversight in the homeland security and intelligence community sectors.

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Financial Crisis: Catalyst For New US Governance


Raw reports on wikileaks publishing Congressional Research Reports (CRS) which have been, until now, closely held. Some of the CRS reports cover disasters including Katrina, 9-11, Iraq, and Afghanistan. This financial crisis is a fifth disaster.

While CRS might have reviewed the systemic problems, the financial crisis spread. Had the reports been disclosed, the public might have reviewed the systemic governance problems contributing to these disasters. Now we can.

Some are talking about the symptoms.  We need to focus on the real problem, then talk about solutions.  While some take to the streets, we must discuss abandoning what has failed.

Are you ready?

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Reform TARP To Build Confidence In Recovery, Department Oversight


TARP As A Benchmark For Stimulus Oversight

The Vice President announced the Department of Transportation's Secretary blog about increasing oversight for infrastructure projects. DOT has a strategic plan and performance measures to track infrastructure, and known problems with programs.

This sounds good. One problem is the US leadership failure to put these lessons into practice in TARP. The public needs some assurances that the long-term risks are being factored into the near-term planning. The question is whether Congress will oversee these issues; or require additional public oversight of Congress to do the right thing.

These issues indirectly relate to the President's economic advisory board and his recent executor order: We need some leadership and feedback on the bailout.

 

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Same DOJ Staff: Conduct re US Attorney Firings Irreconcilable With Vince Foster Investigation


David Margolis was one of the Deputy Attorney Generals called before Congress to testify. Margolis stated he was not adequately involved. However, a delegation letter and Margolis "hands on" approach re the Vice Foster death in 1994 paints a different picture.

Margolis well knew from 1990-era memos he allegedly read  [See notes 48-52] standards of conduct he would have us believe he should be excused. The inconsistency demands a follow-up. We believe DOJ's Vince Foster-related memos shed light on standards of conduct reasonably expected of DOJ Staff counsel 2001-9, and the troubling issues they wanted to suppress with secret DOJ OLC memos.

One TPMM comment about Margolis and Rove refers to Clint Eastwood character's quote from The Outlaw Josey Wales (1996).

Margolis was admitted to the Connecticut bar in 1964, and the CT ethics rules bar misleading statements. The irony is Margolis' statements about the DOJ OPR annual report might prompt a DOJ OPR ethics review.

The information after the jump supports earlier calls for DOJ OPR to review DOJ Staff conduct re the DoD emails. We review Margolis' alleged inconsistent statements and conduct between (1) the delegation letter re the CIA leak investigation, (2) the Vince Foster investigation, (3) the US Attorney firings, and (4) the refusal to publish DOJ OPR annual reports.

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Suspicions About DoD Domestic LE Role


The National Archives recently released 9-11 Commission documents. One document was a summary of a visit to Northern Command reviewing the DoD role in domestic security.

The author of the visit report (report, memo) discussed DoD's role in domestic law enforcement.  A close reading of the memo suggests some DoD parsing. There are growing suspicions DoD plays more than an advisory role in domestic law enforcement (LE).

One lesson of the FISA violations suggests Members of Congress agreed to turn a blind eye to other illegal DoD activity re Posse Comitatus: Using combat forces against civilians in a law enforcement capacity. This is an assault on the established order.

This discussion may help illustrate what some of the still-classified DOJ OLC documents might look like.

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Interweaving Timeline of Secret DOJ OLC Memos, Disclosed Executive Orders


Overlay the Geneva, FISA Timelines

The ACLU requested through the FOIA process, US government documents relate to POW abuse and FISA violations. This may take some time for the US government to fully respond to this request. How do we know if we have the information to oversee the US government response?

The Senate Judiciary issued a report, and Senator Leahy sponsored a bill on disclosure of DOJ OLC memos.

In the interim, there is something we can do: Discuss the public information, and prepare for what information should exist.  Indeed, it may appear it is unclear how we will know whether the US government responses are adequate.

Goal

We need to develop a method to know whether the US government responses to this FOIA request are adequate; and develop an independent method to speculate about the content of the still secret, but known memos re POW abuse, Geneva violations and FISA.

There is a way to do this. We analyzed how two different lines of evidence may complement each other, and possibly disclose information about still-secret DOJ OLC memos. We suggest this timeline be interwoven with this. (ProPublica should be commended for creating a useful table.) After the jump, we offer a sample of issues of public interest related to the interwoven timeline.

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Withdrawing US Combat Forces From Afghanistan


Charting A Way Forward in Afghanistan

American presence makes the Afghans more determined to unite and fight, acting as a catalyst for additional US combat troops in Afghanistan. This is one ignored lesson of Vietnam.

The US should militarily withdraw, then work with foreign powers to selectively implement a coherent strategy in Afghanistan.

Background: This press briefing touches on the Afghan policy review; and the letter to Iran.

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Philosophy of Confronting US Govt Illegal Geneva, FISA Violations


Some discussion in the wake of the Obama inauguration relates to the reasons the public would or would not support a legal confrontation with the US government. We've seen Gonzalez wave the "watch out"-argument to avoid a war crimes indictment, and former White House counsel argue the violations are state secrets.

Their arguments fall apart if the shoes were on the other feet: If We the People-as-abuser were to abuse power just those in the Executive-Legislative branches have done, the government officials-as-victim would not, for a "good reason" or "necessity" (1) accept a violation of the law and rights of US government officials; nor (2) accept those violations without an accounting for the transgressions.

Their lawful confrontation would be no different than what We the People must do: Understand what went wrong and why; and hold accountable those who breached their Constitutional obligations. The Constitution and Supreme Law and treaties are binding on all; and cannot be ignored unless We the People agree to change the agreement and replace it within a new Constitution. Any argument for inaction against We the People-as-abuser would be cast aside within the ranks of the government officials-as-victims as being complicit with unreasonable abuse of power: Indefensible moral slavery to tyranny and unconstitutional.

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Another Fabricated Video For NSC Staff


We review a NYT article discussing a newly released video from someone claiming to have been released from Guantanamo.

We discuss the basis for our conclusions, and provide recommendation for the National Security Council in light of these objectives and this agenda. We assume you've read this testimony and his written responses. This information may be useful for the principals listed here.

Background: The information relates to the failed DIA effort to link formerly detained Guantanamo prisoners to alleged post-release terrorism.

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Bailout Priority: Food Supply, Farmers Not Banks


The bailout appears poorly managed because there's little understanding why banks -- as a supplier of capital -- are getting priority; but the real priority -- food -- seems to have been lost in the shuffle. The time to debate this issue is now, not after the bill has been passed.

Not ready: "Check back after the passage of the American Recovery and Reinvestment Act to see how and where your tax dollars are spent." [Emphasis added]

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Congress Should Promulgate Similar Legislative Ethics Standards As President Obama


WH Website Incorporates Text From My Obama

Congress should note closely the White House website changes. Changes from one of them involves legislation: A promise to host for five (5) days a public comment period before the President signs a bill.

These ethics-oversight changes should be matched by similar changes in Congress and GAO.  Real change means giving the public the opportunity to comment before Congress debates the final version of the bill, before the Congress sends the bill to the President.

It remains to be seen how closely the MyObama issues match the White House agenda.

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Chief Justice Misplaced "Faithfully" During Oath of Office


Should President Re-Swear His Oath of Office?

President's Oath of Office at Inauguration Does Not Match Constitution

The Chief Justice and President appeared to be in a small power struggle. There was a small platform for the Chief Justice. The President-elect joked about the platform for the Chief Justice.

This compares the Constitutional Oath of Office with what the Chief Justice recited:

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Delivered Inaugural Address Different Than Pre-Released Transcript


President Obama's delivered speech is different than this transcript [still not visible, 1:54 EST]:

There are several key words which will help you determine whether the information you're reading is:

(1) a pre-release of the inaugural address, which was embargoed until the President delivered his remarks; or
(2) a real transcript of the the delivered inaugural address.

Check of inaugural address transcripts: The President reversed two words during his inaugural address, saying "honesty and hard work", but the inaugural address transcript said, "hard work and honesty." The President also deleted or added "the" in several places; and started to say words not in the original draft. [Cheers, applauses] and hesitations [ ] included

Follow-up: Which version of the transcript does the White House publish: The original transcript, or the delivered speech?

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