Moon of Alabama Brecht quote
May 3, 2007
JD Scandal Summary

The Justice Department scandal is difficult to follow as it includes various overlapping power grab and cover up schemes.

a.) "Voter fraud" allegations: Part of the Karl Rove plan for an everlasting GOP majority was and is to suppress votes from minorities who usually vote for the Democratic party. This by alleging non-existant "voter fraud" and measures to suppress such "fraud." McClatchy news services today has a good run down how this was carried out in Missouri. To further the scheme Bob Schlozman was installed as interim U.S. Attorney in Kansas and he delivered. (He is no back at the Justice Department.)

b.) Suppression of investigations into the Republican money machine
running through K-Street lobbyists like Jack Abramoff. The San Diego
U.S. Attorney Carol C. Lam was fired for this purpose.

c.) Filling the ranks of non-political Justice Department career jobs
with "pure" Republicans. This was the task of Monica Goodling and Kyle
Sampson under direct advise from Karl Rove. Attorney General Gonzales
tried to exculpatate himself from this by completely delegating his
responsibility for party-neutral hiring and firing to Sampson and
Goodling. When he was told that this would be unconstitutional and that
he had to formaly agree to those decisions, he changed the rules so he
would be only verbaly informed and would only verbaly agree to the
decisions. Leaving no paper trail allows him to claim "not
recollection" of any specifics.

d.) Primary coverups: The use of the Justice Department to coverup
severe wrongdoing by the administration that occured in other fields of
the government and that would usually lead to some criminal
investigation. But a Justice Department run by Alberto Gonzales will
hardly investigate his role as White House Counsel in justifying
illegal torturing of prisoners at Guantanamo Bay and elsewhere. It will
certainly not look into manipulated intelligence on Iraq. The most
important issue to be hidden by him is probably the illegal
eavesdropping and circumventing of the FISA court including committed perjury.

e.) Secondary coverups: Actions taken to hide the Justice Department’s
wrongdoings in the cases covered by a.) to d.).  Election manipulation,
hiding of party corruption, partisan hirings and suppression of
investigations are all illegal in one or another way and this needs to
be hidden from the public. When an internal Justice Department unit now
starts
to investigate Monica Goodling for partisan hiring, it makes it
impossible for Congress to offer her an immunity deal and to crack the
scheme she was part of. Thereby everything stays within the family.

It will be difficult for Congress to break into this maze and to
force some cleanup and well deserved jailtime for those involved. The
Justice Department is central in doing or prohibiting that and at the
same time the center of the scandal.

Bush can not fire Alberto Gonzales. Gonzales will not resign. The only way to get some deeper look into all of this is to impeach Alberto Gonzales and replace him with a real Attorney General.

But the Democrats are still happy with running some surface
scratching hearings. So don’t expect any real action before late 2008
when it will be to late to go for the top culprits.

Comments

yeah, and I bet that’s the tip of the iceberg.
Maybe, with no prosecutions and a decade more of the status-quo, with the Olympics coming to Chicago (2016), Heir Bush will deem the “all Republican Olympic Team” as the “Greatest of all Athletics EVER” – only to be beaten by a dark skinned Islamafasist from the middle east. repeatedly
ha-ha!

Posted by: gus | May 3 2007 20:08 utc | 1

Great run-down b. All the criminal activity seems to come together in the absence of a functioning Justice department. Who will watch the watchers, indeed?
I hope that in the next attempt at a Republic the founders will take this lesson to heart and separate the justice department, at least that portion of it charged with policing the government itself, from the executive branch.
I also like your idea of impeachment. Forget chasing Bush & Cheney for now – in any future short of armageddon they’ll be run down by the Hague in any case. Getting Gonzales out of there and someone honest and competent in has to be the thin end of the wedge in breaking this criminal conspiracy open and I think Congress is closer to getting there.

Posted by: PeeDee | May 3 2007 21:03 utc | 2

Rove, Still In the Mix

Deputy chief of staff Karl Rove participated in a hastily called meeting at the White House two months ago. The subject: The firing of eight U.S. attorneys last year. The purpose: to coach a top Justice Department official heading to Capitol Hill to testify on the prosecutorial purge on what he should say.
Now some investigators are saying that Rove’s attendance at the meeting shows that the president’s chief political advisor may have been involved in an attempt to mislead Congress—one more reason they are demanding to see his emails and force him to testify under oath.

According to McNulty’s account, Rove came late to the meeting and left early. But while he was there he spoke up and echoed a point that was made by the other White House aides: The Justice Department needed to provide specific reasons why it terminated the eight prosecutors in order to rebut Democratic charges that the firings were politically motivated. The point Rove and other White House officials made is “you all need to explain what you did and why you did it,” McNulty told the investigators.
The problem, according to the Democratic aide, is that Rove and Kelley never told Moscella about the White House’s own role in pushing to have some U.S. attorneys fired in the first place.
Moscella followed the coaching by Rove and others—and made no mention of White House involvement in the firings during his March 6, 2007 testimony to House Judiciary. “They let Moscella come up here without telling him the full story,” said the Democratic staffer.

Posted by: b | May 4 2007 6:36 utc | 3

DOJ vs. DOJ: Two Views on the U.S. Attorney Firings (Comey vs Moschella)

Almost exactly two months apart, two different Justice Department officials (one current, one former) appeared before the same House subcommittee in the same room in the Rayburn office building to talk about the same topic — the performance of U.S. attorneys.
On March 6, William E. Moschella, the principal associate deputy attorney general, laid out the official reasons for the firings of six of the eight U.S. attorneys who were dismissed last year.
Yesterday, former deputy attorney general James B. Comey, whose job for more than two years included overseeing the U.S. attorneys, also appeared before the Judiciary subcommittee conducting the investigation into the firings and painted a dramatically different picture of those U.S. attorneys.
~snip~
Here are Moschella’s explanations for the firings, followed by Comey’s impressions of the prosecutors:
On DANIEL BOGDEN OF LAS VEGAS
Moschella: “The general sense in the department about Mr. Bogden is that, given the importance of the district, in Las Vegas, there was no particular deficiency. There was interest in seeing renewed energy and renewed vigor in that office, really taking it to the next level.”
Comey: “He is as straight as a Nevada highway, and a fired-up guy. … We chose places to that were experiencing a spike in violent crime. But not every place that was experiencing a spike in violent crime; we wanted to put it where we had a fired-up U.S. attorney who could watch over it and make it work. … he had made tremendous strides on violent crime.”

Posted by: Uncle $cam | May 4 2007 12:06 utc | 4

nice roundup b

Posted by: annie | May 4 2007 15:47 utc | 5

Three dismissed U.S. Attorneys to speak as part of SU Law-sponsored seminar
i would love to attend this, cost $110. i saw john mcKay on a local channel show last night called northwest views. he teaches at seattle university now and is hosting this event. it was an excellent interview. he did say he thought they would get to the bottom of it, he thinks gonzales doesn’t understand he is not bushes lawyer but the nations, that as a DA he never felt like he was working for the president although he is a republican, frightening to think indictments may have been politicized and that the US justice department needs to be independent of the office of the president and that although DA’s are appointed by the president they don’t serve him and that he doesn’t think gonzales gets that.
the interviewer ask him if he would consider running for office since he is so famous here now and people are lauding his integrity. (we have a republican sec of state here too that everyone admires and the dems vote for him too, i did). mcKay said he really loves the law and if he ran for office he wouldn’t be able to practice law and he loves teaching at present . and something else about politics not being a field he ever aspired to, or something like that.
he was hot.

Posted by: annie | May 4 2007 16:17 utc | 6

How my mind works…(the battle of good and evil…in my mind)
G: beautiful, but the end was tragic, very. so, it would be better if the last petal said the truth…
E: but truth is subjective… no?
G: the consequences are objective…
E: his love was temporary…
G: I suppose that it true..
E: her destiny was broken…
G: yikes!…lol the bargain.
E: we all make the bargains…we all are devils sometimes
Just noticed the little devil in the skin after reading the poem…lol
Jackie? is the you?…lol

Posted by: Uncle $cam | May 4 2007 22:42 utc | 7

opps, that was meant for beq’s thread…

Posted by: Uncle $cam | May 4 2007 22:44 utc | 8

Okay kids, let’s go for a ride, get in, and remember to put your seat belts on…it may get bumpy…
Two things first, 1)B, it’s prolly a little late in saying so, but, imo, the title here would have looked better i.e been more clear as: JOD Scandal Summary, anyway, thank you as always for your hard work and dedication, 2)As I know how confusing and time consuming this thing is, I have culled through (hopefully)relevant comments from this, to zero in for better understanding as I have the time since I’m not working at the moment.
Ok, here goes, (Since this is the weekend, and most newsdumps happen then. some may miss this, so FTR)
Update: DOJ Witness Tampering and USAgate: Murray Waas Must-Read, Bloomberg & Newsweek

“Several days after the meeting” corroborates Margolis story — The meeting mentioned in the Newsweek article takes place on March 5, and McNulty is present for that meeting. A few days later, on March 8th, Kyle Sampson shows up at Margolis’ office, with e-mails detailing the extent of WH involvement, which he then takes to McNulty’s office. A couple of hours later, Goodling shows up, and has her breakdown in Margolis’ office. McNulty is telling Congress that, until March 8 when Sampson showed up at his office, he didn’t know the extent of WH involvement. My point is, it looks as if McNulty and Margolis’ testimony are pointing squarely at Rove, Goodling, et al, as the source for the firings. Which means that they don’t appear to be prepared to protect them at their own expense. Which means the pressure on Elston and McNulty, for the phone calls, is working on them, and getting them to implicate Rove and the White House.

Can we say RICO, disbarment, yet? Serious jail time? Hold on…
witness tampering, obstruction, blackmail, payoff’s worse than watergate, indeed.
A commenter clues us in on this:

10 years for each count is what got the Watergate underlings to talk. Bud Krogh said that when his lawyer explained that he might be in prison the rest of his life, he decided he had to tell the truth.

Also, From the comments: (And I wasn’t aware of this), the McNulty, Franklin connection [and crap] Prosecution, Feith’s OSP etc…
I’ve questioned NcNulty’s integrity and ethics for quite a while. As emptywheel wrote in 2006.

“…on August 27, 2004, Ashcroft put Paul McNulty in charge of the” (Franklin) “case, allegedly to handle the investigation of AIPAC “properly.” McNulty has since been promoted to Deputy Attorney General. And in early September 2004, it was reported that Bush was being pressured to keep the investigation at a low level…”
It’s [more than]oddly coincidental that McNulty was promoted and the Franklin investigation was “kept at a low level.” Now, again McNulty’s name turns up as a central figure in another BushCo scandal/cover-up…

Rememberer, from the op update: “January 18th, Gonzo testifies, essentially keeps his end of the “silent” bargain, denies much knowledge or involvement, doesn’t criticize these USA’s in any significant fashion. Emphasis mine… this is relevant because, many are not aware of the political implications, for example from the comments:

Gonzalez “deal” was that he wouldn’t defame the USA’s as long as they played ball. Think of it this way — in most instances, if the Attorney General of the U.S. swears under oath before Congressional Committee that you, as a USA, were fired for incompetence, you may as well resign your license to practice law and start selling shoes.

further, “So by defaming the USA’s and lying about why they were fired, Gonzales and Co. made it nearly impossible for them to continue their professional careers”?
Scorecard:
Another USA – Wong Yang, from LA – left with a hefty signing bonus 1.5 million from Ted Olsen’s law firm while investigating Jerry Lewis. She went from prosecuting to jioning the same firm as his defense. (see tpm) One excellent point, Wiretapping….

….they won’t make the same mistake they made at the Watergate. They don’t physically burglarize anymore. It’s all virtual.
Is there any question in anyone’s mind that Congress is spied on?”
I have been saying this from the start…
“we need a comprehensive collection of all this…
I emailed TPM with the suggestion since they have done a lot of the groundwork on this case but I don’t know if Josh has enough assets to pull it all together and make it all concise and easily understandable by folks who aren’t already following it.
What we need is all the players identified.
Their roles. the overall arch of corruption and influence throughout the entire dept. A complete timeline with supporting documents making the case as if you were a prosecutor presenting it to a jury.
I know there are some talented Kossacks with legal backgrounds and journalistic talents who could pull this together. Make a site that walks a person through the whole thing. make sure to make the point that this was meant not only to target Democrats and protect Republicans but to influence elections.”
Finally, There’s [still] a long way to go:

The Committee will need to pursue Elston some more. Only if they get him to flip on McNulty, and then get McNulty to flip on Gonzalez, would it probably get to the point where there would be serious consideration.
Of course, Impeachment isn’t necessarily even a solution. Have you seen Orin Hatch’s treatment of Gonzo? I’m not sure you could get enough votes for impeachment even if Gonzalez admitted it under oath. The current Republican party is so in thrall to GWB that they just can’t see the cliff he’s driving the whole party off of. I remember a couple of years ago when the Republican party was openly saying that from here on in, they were “Brand W” Republicans in the eyes of the American People, and I think a lot of R’s are still “Brand W” R’s, and will be for at least another decade or two.

“Brand W” Republicans? Wtf??
Murray Waas, tpmmuckraker, and others deserve Pulitzer Prize’s for they’re work in all this, and kudo’s for citizen journalism…
Also see

james risser’s posts as well as drational’s
and
dengre for fleshing out nuances…

Posted by: Uncle $cam | May 5 2007 12:01 utc | 9

More…
heavily redacted emails “Who exactly is redacting all of the documents?
Who is providing guidelines?”
Another bombshell…
Goodling Shed Tears Before Revelations About Firings

Margolis testified that he went toward McNulty’s office to inform his boss and stopped because Sampson had already gone into the room carrying the binder filled with White House e-mails, the aide said.

Posted by: Uncle $cam | May 5 2007 12:04 utc | 10

What we need is all the players identified.
Their roles. the overall arch of corruption and influence throughout the entire dept. A complete timeline with supporting documents making the case as if you were a prosecutor presenting it to a jury.

A wiki sounds like the right format for this.

Posted by: a swedish kind of death | May 5 2007 12:44 utc | 11

@Uncle – I should have written DOJ instead of JD.
– like you Uncle, I thing McNulty is pretending to have not known anything, while Margolis really wasn’t told what was happening.
– they will not let Goodling get immunity and testify. Gonzales can hold that up by pretending to investigate her for a crime and run out the clock on it.
– Elston is the way to go now for Committee questioning. The others should be asked again and again and again – someone will make a mistake and one can persue form there.

Posted by: b | May 5 2007 13:35 utc | 12

I don’t think the Democrats can let the DoJ scandals slide — they were all about getting them thrown out of office. Whatever dirt GWB and his friends at the NSA may have on the Democrats, backing off on this would be the same as resigning or excepting a permanent place in an impotent minority.
I think the dynamic is very different with the Republicans. It was, after all, Senator Specter’s aide who did DoJ’s bidding by putting at least two amendments into the Patriot Act (which, I think, really needs to be added at the start of the summary of this scandal — the appointments addition made it possible to put “loyal Bushies” in the fired USAs offices, while the change in residency requirements apparently kept, at least, the USA for Montana out of jail.) That aide was subsequently appointed to one of the vacancies that the firings created.
By the same token, it is now known that at least two congresscritters (Wilson of NM and Watson of Wash.) and one Senator (Dominici of NM) felt empowered to call DoJ and the White House to complain that their USAs were not bringing politically charged investigations in time for the elections. I can’t believe that these were the only Republican representatives who availed themselves of this new-found power. All who did would, then, be implicated in this investigation and would, like Specter, have a motive to slow or derail it, or turn its focus away from themselves (which may be the deal Specter made with the Dems in the Senate — the Patriot Act amendments, and the aide’s appointment, are, at best, low profile parts of this investigation.)
No one wants this investigation to end more than the Republican Party: when Sen. Coburn called on AG Gonzales to resign at the April 19th hearing, he did so with the hope that it would bring this to an end. At least one of the Republican Senators who showed up on the talking head shows after the hearing clearly stated that there was no reason for Gonzales to resign because it wouldn’t put an end to the investigation. If they can’t stymie the investigation (which may, if that point isn’t already passed [the representatives from Utah apparently think it hasn’t], be made impossible by the weight of the evidence in the public domain), it seems likely to me that the party will go for CYA at any cost. In that case, I think impeaching the administration will become a real possibility.
The principal interest, then, is in getting as much of the story into the public domain as possible. I think that this is the strategy the Democrats are pursuing (they can’t try to indict the entirety of the minority in the house and senate without producing gridlock — they have to count an election to remove those office holders) with the ends that I have identified. Consequently, there won’t be any early move for impeachment.

Posted by: bcg | May 5 2007 21:22 utc | 13

other troubling evidence

Posted by: remembereringgiap | May 5 2007 22:39 utc | 14

r’giap, the story about the prosecutor wales and mcKay is bs. that guy was assassinated at home most likely by this guy he was bringing down or a hit man connected to him. believe me law enforcement around here are not forgetting that case. if there had been an arrest, or the possibility of an arrest i am certain mcKay would have followed up on it aggressively.
yang on the other hand smells very very fishy!

Ms. Yang was investigating Jerry Lewis, who was chairman of the powerful House Appropriations Committee. Ms. Lam and most of the other purged prosecutors were fired on Dec. 7. Ms. Yang, in a fortuitously timed exit, resigned in mid-October.
Ms. Yang says she left for personal reasons, but there is growing evidence that the White House was intent on removing her. Kyle Sampson, the Justice Department staff member in charge of the firings, told investigators last month in still-secret testimony that Harriet Miers, the White House counsel at the time, had asked him more than once about Ms. Yang. He testified, according to Congressional sources, that as late as mid-September, Ms. Miers wanted to know whether Ms. Yang could be made to resign. Mr. Sampson reportedly recalled that Ms. Miers was focused on just two United States attorneys: Ms. Yang and Bud Cummins, the Arkansas prosecutor who was later fired to make room for Tim Griffin, a Republican political operative and Karl Rove protégé.
clip
The new job that Ms. Yang landed raised more red flags. Press reports say she got a $1.5 million signing bonus to become a partner in Gibson, Dunn & Crutcher, a firm with strong Republican ties. She was hired to be co-leader of the Crisis Management Practice Group with Theodore Olson, who was President Bush’s solicitor general and his Supreme Court lawyer in Bush v. Gore. Gibson, Dunn was defending Mr. Lewis in Ms. Yang’s investigation.

Posted by: annie | May 6 2007 3:42 utc | 15

nyt
New reports of possible malfeasance keep coming fast and furious. They all seem to make it more likely than ever that the firings were part of an attempt to turn the Justice Department into a partisan political operation. There is, to start, the very strong appearance that United States attorneys were fired because they were investigating powerful Republicans or refused to bring baseless charges against Democrats

Posted by: annie | May 6 2007 6:26 utc | 16

plot thickens

Posted by: annie | May 7 2007 20:06 utc | 17

Annie:
Thanks for the link to flesh out the Wales story. The quote below from the Washington Posts story hinted that the investigation had been impeded (obstructed?) but lacked details:
Charles Mandigo, who at the time of Wales’s murder was special agent in charge of Seattle’s FBI office, recalled that McKay, his staff and FBI agents all felt “a little bit neglected” because they did not receive the support they expected for the Wales murder investigation.
McKay’s advocacy for the investigation was never “more than normal interplay,” said Mandigo, who retired in 2003. “Did he push it? Yeah, he pushed it. Was he ardent? Yeah, he was ardent about it, and I think he should have been.”
No Justice official traveled from Washington for Wales’s memorial service, Mandigo said, “which I don’t think set a very good tone.”
Last October, Gonzales was invited to attend the fifth anniversary commemoration of Wales’s death, but sent Michael A. Battle, director of the Executive Office for United States Attorneys. Battle was the official who made the calls two months later, firing McKay and the other prosecutors. (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/04/AR2007050402169_pf.html)
It’s repulsive enough that they would put their standing with their pro-gun “base” ahead of honoring a murdered public servant. If they actively impeded the investigation (which is what it sounds like), I hope charges can be brought after they’re tarred and feathered.

Posted by: bcg | May 7 2007 22:20 utc | 18