Messrs Johnston and Shane of the NY Times continues to puzzle over Attorney General Gonzales' controversial Senate testimony:
WASHINGTON, July 26 — The director of the F.B.I. offered testimony Thursday that sharply conflicted with Attorney General Alberto R. Gonzales’s sworn statements about a 2004 confrontation in which top Justice Department officials threatened to resign over a secret intelligence operation.
The director, Robert S. Mueller III, told the House Judiciary Committee that the confrontation was about the National Security Agency’s counterterrorist eavesdropping program, describing it as “an N.S.A. program that has been much discussed.” His testimony was a serious blow to Mr. Gonzales, who insisted at a Senate hearing on Tuesday that there were no disagreements inside the Bush administration about the program at the time of those discussions or at any other time.
However!
In a four-hour appearance before the Senate Judiciary Committee on Tuesday, Mr. Gonzales denied that the dispute arose over the Terrorist Surveillance Program, whose existence was confirmed by President Bush in December 2005 after it had been disclosed by The New York Times. Mr. Gonzales said it centered on “other intelligence activities.”
Brian Roehrkasse, a spokesman for the Justice Department, said Thursday night that Mr. Gonzales had testified truthfully, saying “confusion is inevitable when complicated classified activities are discussed in a public forum where the greatest care must be used not to compromise sensitive intelligence operations.”
The spokesman said that when Mr. Gonzales had said there had been no controversy about the eavesdropping operation, he was referring only to the program to intercept international communications that Mr. Bush publicly confirmed.
“The disagreement that occurred in March 2004 concerned the legal basis for intelligence activities that have not been publicly disclosed and that remain highly classified,” Mr. Roehrkasse said.
So, when is a program not a program? Geez, couldn't you ask me about doors? Anyway, yesterday we highlighted this cryptic comment from Rep. Jane Harman (D, CA). formerly the ranking member of the House Intel Committee:
“The program had different parts, but there was only one program,” Ms. Harman said, adding that Mr. Gonzales was “selectively declassifying information to defend his own conduct,” which she called improper.
One starts to suspect that Mr. Gonzales has a different view as to whether the different parts constitute one program or not. As to whether his interpretation is sufficiently plausible to avoid an inquiry, I have no idea. OK, I have some idea - with all this howling, I bet reasonable minds (if any are left in Washington) will agree that he was being awfully cute, at a minimum, and was lying, at a maximum.
It's still puzzling. Gonzales is describing an intelligence briefing attended by four Democrats - how could he expect to lie about this and get away with it?
Opinion Journal has a nice article, today.
=========================
Posted by: kim | July 27, 2007 at 09:37 AM
Pretty hard to respond in detail in public when you are dealing with perhaps the last unleaked and very important part of our intel operation--something the J Com snakes and Harman know full well. As Terrey noted nothing prevented the committee from taking the evidence in executive session, something Gonzales offered them.
Try it sometime.
Posted by: clarice | July 27, 2007 at 10:06 AM
I swear Gonzales was smirking at Schumer.
============================
Posted by: kim | July 27, 2007 at 10:12 AM
...And Clarice hits on why it works for Gonzales even if he is lying. Schumer, Harmon and Co. can't say much either...not that they would want to. My Lord, is there nothing better these folks could be doing?
Posted by: Epphan | July 27, 2007 at 10:31 AM
TM:
I bet reasonable minds (if any are left in Washington)
Well, there is Clarice.
Posted by: hit and run | July 27, 2007 at 10:45 AM
“The program had different parts, but there was only one program,”
Sounds like Jane Harman knows exactly what the disagreement was about. She wants to argue semantics in front of the cameras rather than substance in closed session.
Posted by: MikeS | July 27, 2007 at 10:50 AM
Don't let him reveal Treadstone (Jason Bourne or the nanotech project; now I've
done it. Seriously, is this the biggest
circlejerk ever.
Posted by: narciso | July 27, 2007 at 10:57 AM
Hmmm... Perhapse there is an opportunity here. The AG could appoint a Very Special Prosecutor to look into this matter. Then the Very Special Prosecutor could ask for a clearer definition of their mandate which could result in the authority to not only investigate specific statements by one adminitstration official, but any other issues that might also arise from that investigation. Since these statements at issue were about a classified program that was partially leaked, would not the investigator have to determine how that part of the program in question became public?
Suddenly you have a Very Special Prosecutor who is not only investigation statements about the program but also how the program became public in the first place. Such an investigation could lead into all kinds of interesting places such as the offices of the Dem members of the Intel committies, the Justice Department itself, the FISA court. I wonder if the Dems really want to see that investigation (actually, I don't wonder at all).
Posted by: Ranger | July 27, 2007 at 10:58 AM
OK, I have some idea - with all this howling, I bet reasonable minds (if any are left in Washington) will agree that he was being awfully cute, at a minimum, and was lying, at a maximum.
Sorry, but Gonzo was limited by what the President had declassified, a point he made very clear in the disputed testimony:
The only "program" he's referring to is the one the President admitted to, which, from context, is obviously not the whole enchilada. Harman's "selective declassification" charge is also hooey, since Gonzales is not a declassification authority, and he necessarily is limited in what he can discuss. And it does not appear there was any honest confusion on the part of the Dems . . . only an attempt at playing “gotcha” with an important national security issue.Perhaps we can have a run-of-the-mill prosecutor (as opposed to a "special" one)investigate their casual handling of classified material . . . oh no, that's right, they're exempt from the law, aren't they?
Posted by: Cecil Turner | July 27, 2007 at 11:04 AM
I think its a semantic thing. Gonzales is talking about a program that no longer exists after the Comey and DoJ fit (and threatened to quit). The acknowledged program is simply the "old" program with the required operational modifications. Hence to Gonzales its a different program.
Posted by: tryggth | July 27, 2007 at 11:05 AM
Gonzales was threading through a minefield. His mission was to confuse and to throw into disarray the Committee while officially answering questions but actually giving up very little, and get all the Liberals/Democrats to scream, and scream but in the end there would be nothing to it as usual.
He has only to back up what he said item by item if pushed legally. He doesn't have to say it in a way that can be easily understood. If he had done that, then the Committee would have moved on to the next subjects which might be more difficult to handle.
Now they are bogged down for a period of time.
Posted by: Jodi | July 27, 2007 at 11:09 AM
Back to the Clinton-Edelman fued...
Seems too tepid for me. But at least I am heartened to know this:
May her disappointment grow with time.
Posted by: hit and run | July 27, 2007 at 11:30 AM
His mission was to confuse and to throw into disarray the Committee . . .
They shouldn't be talking about this stuff at all. They've got a committee for that sort of thing, with jurisdiction and rules specifically designed to mitigate the deleterious effects of oversight hearings into sensitive classified programs. And last time I checked, Sen Schumer ain't on it.
At the very least, they could have closed hearings, if they were actually interested in legitimate oversight issues. The fact that they don't leads one to conclude . . .
Posted by: Cecil Turner | July 27, 2007 at 11:38 AM
What is wrong with these Congress Folk.they seem to have the Inverse Lady Macbeth Syndrome,"In damned spot".
Posted by: PeterUK | July 27, 2007 at 11:38 AM
I wrote an article on this to be published Monday or Tueday. I suggest Schumer's been exploiting this non-story about Ashcroft's sickbed and the kerfuffle so well he's eligible for the milk producer subsidy. *wink*
Posted by: clarice | July 27, 2007 at 11:55 AM
Not to give the Dems any ideas, but do any of you Constitutional Scholar types know if the Senate can vote to "revoke" their consent on Gonzales's nomination?
Posted by: SaveFarris | July 27, 2007 at 12:27 PM
Ya know. It's really too bad they didn't let Comey and the others resign. Sure would have saved a lot of trouble.
Posted by: Pofarmer | July 27, 2007 at 12:31 PM
It's too bad they appointed that guy in the first place IMO.
Posted by: clarice | July 27, 2007 at 12:38 PM
Well the administration was obviously way too trusting of folks like Schumer. I certainly hope they've gotten over that, and whoever is waiting in the wings is taking notes.
Posted by: Pofarmer | July 27, 2007 at 12:41 PM
FYI - De Villepin formerly charged in the Clearstream thing.
Posted by: topsecretk9 | July 27, 2007 at 12:42 PM
Along the same track, another question for the legal mionds here. When reading one of the lawyers take at Powerline a moment ago, I read how the dismissed US Atty's terms had expired. I know that they have four year terms, but if this is the case why has this point not been stressed?
Posted by: BobS | July 27, 2007 at 12:52 PM
TSK9
Couldn't have happened to a nicer guy
Posted by: RichatUF | July 27, 2007 at 12:53 PM
Cecil-
At the very least, they could have closed hearings, if they were actually interested in legitimate oversight issues. The fact that they don't leads one to conclude...
They want to get details to cover their tracks, hide their foreign bank accounts better, etc...sacre bleu...
Posted by: RichatUF | July 27, 2007 at 01:01 PM
Right, Rich, the pond dreg with the ritzy moniker turned the knife on the alliance against Saddam.
====================
Posted by: kim | July 27, 2007 at 01:05 PM
But when you boil down the dispute, whether or not Gonzales did or did not correctly describe a dispute about the legality of the details of an intelligence program ... what is the significance?
Absolutely none. Why is it Congress' business about how the administration internally debated the structure of a program, the details of which Congress was informed of in the usual manner. There is no allegation here that the program was conducted in a manner not disclosed.
This makes a tempest in a teapot look exciting.
Posted by: Robin Roberts | July 27, 2007 at 01:18 PM
So has Ashcroft died or something? Why doesn't somebody just ask him about this!
Ever notice that the one branch of government with the least checks and balances is the legislative branch? They should investigate themselves.
Posted by: bio mom | July 27, 2007 at 01:32 PM
Heck, they should subpoena Pelosi under oath--she supports Gonzales' version of event.
Posted by: clarice | July 27, 2007 at 01:34 PM
Let's face it, Gonzales didn't know whar was going on, has had a great deal of trouble figuring out what went on, stays confused most of the time, and was never intellectually qualified to be Attorney General. That said, the only thing he is guilty of is not being very smart.
Posted by: pilsener | July 27, 2007 at 01:37 PM
Sorry, but two Jews in congress, feinstein and schumer, cannot fire anyone on Bush's staff.
They can grab the spotlight, however,
Those two turkeys are good at doing that. Of course, you could ask "why?" But that's like asking prostitutes "why" they charge money to do deeds others find pleasurable.
It's hard to explain if you don't know the business angle.
Right now, the left is fully invested in defeat. And, failure. They're trying to sell this to the public. So they beat the public about the head with things they threaten to do in congress.
Meanwhile, they threatened to pass the immigration bill. And, Immigration Bill turned up dead.
Sometimes, looking at feinstein and schumer I think of bouncing dead cats.
Posted by: Carol Herman | July 27, 2007 at 01:40 PM
--Well the administration was obviously way too trusting of folks like Schumer. I certainly hope they've gotten over that, and whoever is waiting in the wings is taking notes.--
Ummm, we are talking about Republicans here. Do they ever learn?
--Sorry, but two Jews in congress, feinstein and schumer, cannot fire anyone on Bush's staff.--
If there is evidence that two Protestants, Catholics or even Zoroastrians in Congress can fire someone on Bush's staff I might find this comment less repugnant. Otherwise.....
Posted by: Barney Frank | July 27, 2007 at 01:52 PM
How about 'Two neocons in Congress can't....'
=========================
Posted by: kim | July 27, 2007 at 02:07 PM
I had picked up on the Harman statement yesterday and started to believe that the Democrats were trying to put Gonzales in "a box" over his testimony.
If he said it was the NSA program, then he could in fact be lying, but to go into those other activities would risk a release of classified info, as Ms Harman implied.
Gonzales even offered to answer a question about this "other activities" in closed session, but the Democrats who have none of it.
Thus, it looks like the Democrats were trying to force Gonzales to do the job of the
New York TimesPresident and decide what classified information should be made public.I find this sort of pressure by the Democrats on the Judiciary Committee to be comtemptable, if, in fact, this is the case.
Posted by: Neo | July 27, 2007 at 03:33 PM
Can someone please explain to me what all the fuss about the TSP program is when some seven years ago when Clinton was in office he had ECHELON going on?
Posted by: glasater | July 27, 2007 at 04:04 PM
Oh Puhleaze, why does this have to mean AG is lying or being cute. The latest allegation to get the Democrats frothing at the mouth is a supposed conversation that Mueller had with Ashcroft four years ago.
Isn't that hearsay anyway? I mean in the real world with real people with real problems would anyone even consider charging a man with perjury on the basis of such a statement? Especially when none of it means a damn thing anyway.
I think they are talking about different things and they all know this is silly.
And I don't think AG is dumb. Good Lord the man does not have the background of a dumb person. The problem is he is swimming with sharks now and he is not a predator.
Posted by: TerryeL | July 27, 2007 at 04:22 PM
Carol Herman wrote:
"Sorry, but two Jews in congress, feinstein and schumer, cannot fire anyone on Bush's staff."
I can barely believe I am reading this. What place does anti-semetism have on this blog? Is this the level to which the discourse has fallen. I have come to expect more from this blog but maybe I need to reconsider.
Posted by: dmh | July 27, 2007 at 05:18 PM
Good to see the Democrats have finally accomplished something substantive during their tenure "running the country"
They got Gonzalez on record, possibly (but not definitely) lying about a program that was instituted to protect the American people from mass murdering psychopaths.
Bravo, PelosiReid. Bravo. Whats next, getting the head of the OMB to admit he took an extra long lunch break once?
Posted by: TMF | July 27, 2007 at 05:35 PM
DMH
I have for a long time commented that a certain someone is a paid stooge whose goal is to fit in just enough to plant rotten crap on Right Wing sites - the theory really makes sense when you think about how heavily moderated the lefty sites are -- are they in on this variation of the google bomb they so adore?
Posted by: topsecretk9 | July 27, 2007 at 05:41 PM
The problem is he is swimming with sharks now...
Yes Terrye, and the sharks aren't really performing oversight, but political theater.
Gonzales may not be adept at this game but ... Well I just love him 'cause his pisses them off!
Posted by: MikeS | July 27, 2007 at 05:43 PM
topsecretk9:
Not sure what your point is. I don't know about anyone else who visits this site, and I do every day, but I find this sort of rank anti-semitism abhorrent. There is no place for this sort of thing--left, right, or center. It will discredit this very valuable blog unless something is done. I am also distressed to see that there have not been others condemning this post. I thought mine would be but one of many expressing outrage and it simply has not happened.
Posted by: dmh | July 27, 2007 at 06:02 PM
duh,
"anti-semetism" = anti-semitism.
Posted by: PeterUK | July 27, 2007 at 06:04 PM
dmh- we've tried, and there's nothing we can do about it except fill threads with condemnations. Don't assume that lack of commentary is approval.
Posted by: MayBee | July 27, 2007 at 06:09 PM
"It will discredit this very valuable blog unless something is done. I am also distressed to see that there have not been others condemning this post. I thought mine would be but one of many expressing outrage and it simply has not happened."
Barney Frank the reason there aren't many comments is because they don't read Carol's posts.If you were a regular,you would know that.
Posted by: PeterUK | July 27, 2007 at 06:13 PM
Sorry Barney Tripepad ate my comment,that was to duh.
Posted by: PeterUK | July 27, 2007 at 06:14 PM
Sorry Barney Tripepad ate my comment,that was to duh.
Posted by: PeterUK | July 27, 2007 at 06:15 PM
PeterUK--
I'm sorry but I don't get your point. I read this blog every day but rarely go to the comments. I did during the Libby trial because I found it very interesting. I happened to look today, again because this is a topic I find interesting. So because I don't read comments regularly I am not allowed to be outraged?
I find it all very distressing and will find other blogs to read. When Tom M. decides to police the comments I will come back but this is just unacceptable.
Posted by: dmh | July 27, 2007 at 06:19 PM
You could email Tom and point out the offensive post,
You could go back to doing what you said you did before, reading only Tom's posts and not the comments.
If you read this blog regularly, you would perhaps have noticed that Tom often leaves for extended periods of time, so is unable to police every comment.
You are allowed to be as outraged as you'd like, but you also tried to take other commenters here to task for not being outraged. My point and PeterUK's point is that we don't all read the comments, or we've realized asking the commenter to stop doesn't work.
Posted by: MayBee | July 27, 2007 at 06:27 PM
Far be it from me to call you a phony duh,you obviously missed the recent scum attack,amazing you just managed to catch this.
All this talk of "policing" sounds terribly liberal.
Posted by: PeterUK | July 27, 2007 at 06:29 PM
dmh:
I stopped reading Carol Herman a long time ago.
Ask her about Bush being a realtor for the House of Saud, that'll get her goin.
Posted by: TerryeL | July 27, 2007 at 06:37 PM
dmh:
So because I don't read comments regularly I am not allowed to be outraged?
Be outraged.
When Tom M. decides to police the comments I will come back but this is just unacceptable.
Well, don't let the door.
I read this blog every day but rarely go to the comments.
Wait, you won't come back to read Tom, or you won't come back to the comments.
I have come to expect more from this blog but maybe I need to reconsider.
How so? Because Tom used to "police" the comments and didn't this time? Oh wait. Tom has NEVER "policed" the comments. Every once in a while, after much weeping and gnashing of teeth from beleaguered commenters, he will do a periodic flushing, otherwise, you get what you get in the comments -- and if your tender sensibilities have been violated, well, yes, best for all parties involved to see your departure.
I am also distressed to see that there have not been others condemning this post.
I hope you didn't faint.
Seriously, why would a comment cause such distress? I mean, really?
Posted by: hit and run | July 27, 2007 at 06:37 PM
Mike S:
Yes, I know what you mean. Passive resistance. Drives em nuts.
Posted by: TerryeL | July 27, 2007 at 06:38 PM
dmh, for all you know, Carol may be parodying the idea that the Jews run everything. We certainly don't know what goes on in her head.
Posted by: Ralph L | July 27, 2007 at 06:48 PM
topsecretk9:
Not sure what your point is.
PeterUK--
I'm sorry but I don't get your point.
What's the point?
Posted by: PeterUK | July 27, 2007 at 06:48 PM
DMH,
--When Tom M. decides to police the comments I will come back but this is just unacceptable.--
By and large there are two kinds of blogs.
Free ones and ones run by the thought police.
The free ones imperfectly police themselves.
The thought police rule the other ones, deleting impertinent ideas (but seldom obscenities).
The former are generally on the right, the latter generally on the left.
If the free clash of ideas, even offensive ones, is OK by you then hang around.
If regimented group think is your thing then I guess you'd be more comfy elsewhere.
Posted by: Barney Frank | July 27, 2007 at 07:00 PM
"We certainly don't know what goes on in her head."
I would add that she has been asked numerous times to wear a robe when she goes out to water the begonias - to no apparent effect. Plus she bribes the orderlies and hides her meds.
Posted by: Rick Ballard | July 27, 2007 at 07:08 PM
I think it's time, I mean it's more than half way through 2007 for goodness sakes, for Tom to go back to "Riding with the Mongrel Horde 24/7, Um, Would You Believe 2/5?"
Maybe we could have avoided all this confusion.
But I will say, Tom is in my top 3 for Man of the Year for 2007. But he'll have to work hard to earn it.
[VIMH: Who are the other two?]
Me and "Jim" the clerk at the local liquor store.
Posted by: hit and run | July 27, 2007 at 07:10 PM
[VIMH: You don't know "Jim's" real name, do you?]
No, he doesn't wear a nametag. But we have a great realtionship...he knows my checkcard number by heart.
Posted by: hit and run | July 27, 2007 at 07:13 PM
"[VIMH: Who are the other two?]
Me and "Jim" the clerk at the local liquor store."
Jim gets it every time,well him and the guy at the power tools and dangerous implement emporium.
Posted by: PeterUK | July 27, 2007 at 07:20 PM
DMH
My point is/was - I've mentioned many a time that i am of the mind that CH is not an actual JMH reader but someone paid to jump around to conservative blogs to leave ridiculously long comments laced with invective to muck up the blog and make it distasteful to people- perhaps like you? - somewhat like a google bomb - and to derail the conversation - perhaps what happened with you?
Posted by: topsecretk9 | July 27, 2007 at 07:21 PM
invective to muck up the blog and make it distasteful to people- perhaps like you were?
Is what I meant
Posted by: topsecretk9 | July 27, 2007 at 07:23 PM
Tops,
Nah,I think Carol is writing the great American airport novel one chapter at a time.
Posted by: PeterUK | July 27, 2007 at 07:26 PM
PeterUK
I will take your comments to heart and regretfully leave this blog to those of you with stronger stomachs. I don't think one needs "tender sensibilities" to find these comment beyond the pale nor do they fall, as Barney characterized them, as "impertinent ideas." I understand if others don't find rank anti-semitism as offensive as I do but I don't understand why one would simply look the other way when it rears it evil head. Apparently you are comfortable with it; I am not. It has no place among decent people and if Mr. Maguire is too busy to get her off this blog it is sad and beneath his obvious sterling character.
Goodbye and the door is, now, hitting me as I leave.
Posted by: dmh | July 27, 2007 at 08:22 PM
Carol, that comment was wrong.
There. Not sure what that accomplished. But hopefully the ugly head has been unreared.
Posted by: hit and run | July 27, 2007 at 08:34 PM
Wonder what blogs dmh usually reads if he takes massive offense at Carol's swipe?
Posted by: Ralph L | July 27, 2007 at 08:52 PM
I understand if others don't find rank anti-semitism as offensive as I do . . .
Oh, please. "Two Jews" is hardly the stuff of epic outrageousness. One wonders what vapors you'd have over something like "Hymietown" . . . or if your outrage is as selective as it appears. Don't expect a sudden clamour for a PC speech code, because the cure is worse than the disease.
And if you have such heartburn with something Carol said, why not direct your comments there? Some might find your ridiculous insistence on censorship offensive as well (e.g., the ACLU, if they suddenly had an attack of consistency--though that's admittedly unlikely).
Posted by: Cecil Turner | July 27, 2007 at 09:19 PM
Cecil said Hymietown!!!!
Down with Cecil!!!!
Sorry, got to derear the head when I see it.
TIC, of course
Posted by: hit and run | July 27, 2007 at 09:42 PM
Michelle Malkin has a thread on Chuck Schumer and Chuck is threatening to halt all US Supreme Court nominations except in extraordinary circumstances.
Guess when one gets too old makes it an extraordinary circumstance?
Posted by: lurker | July 27, 2007 at 10:04 PM
Michelle Malkin has a thread on Chuck Schumer and Chuck is threatening to halt all US Supreme Court nominations except in extraordinary circumstances.
Guess when one gets too old makes it an extraordinary circumstance?
Posted by: lurker | July 27, 2007 at 10:05 PM
Carol is Jewish and I thought was expressing her distate for the two solons she referred to, but there is no censorship here and while Carol occasionally makes good points, the effort to find them can get to be more work than it's worth.
Posted by: clarice | July 27, 2007 at 11:00 PM
OK, off to play dice. Sorry, I am soooo sorry, now that my beloved is here.
But, duty (and potential profit) calls.
Farewell, my beloved.
Posted by: hit and run | July 27, 2007 at 11:03 PM
Barney Frank's comments sum it up perfectly. I'd hate to see JOM turn into a "thought police[d]" blog.
As for Carol's comments, most of the time I haven't got a clue what she's talking about. Glad to know that I'm not alone.
Posted by: arrowhead | July 27, 2007 at 11:13 PM
H&R is safe now that Mrs. H&R is back. We now don't have to worry at night about him and the power saw. It sounds like the H&R family has a lot of fun and really knows how to enjoy life. It is refreshing to hear about such good times. Keep up the good work.
About 16 years ago I attended a diversity workshop where we pledged to try and refrain from making disparaging remarks about any persons religion, sexual orientation or race. I have tried to keep that pledge and I have tried to raise my children accordingly.
Posted by: maryerose | July 27, 2007 at 11:15 PM
Carol H DOES NOT HAVE ANY REDEEMING SOCIAL VALUE! How do I know? Why, because I am looking forward to the Carol H and Clarice only commentary, an indisputable sign of verboten taste though mixing sweet and sour.
Posted by: michael | July 27, 2007 at 11:24 PM
dmh, we're prolly not too into PC around here, which is why some of us totally glossed over CH's comment - the rest don't read CH anyway.
One reason is that PC is the cause of many of this country's problems. I used to be able to get to the airport 10 minutes before departure time and make a flight with minutes to spare. Now, I am lucky if I can make a flight even if I arrive 2 hours early - and I have missed a few at that. Can you imagine how quickly we would discover that mythical "moderate muslim" who denounces terrorism, etc, if middle eastern looking folks were made to go through extensive screening every time they went through the airport while the rest of us cruise through in 5 minutes? It would probably do as much to end the push of the Islamic cult on the rest of the world as all of the fighting we're doing now. PC nonsense is a socialist construct - you can keep it.
Posted by: Bill in AZ | July 28, 2007 at 12:09 AM
I noticed that one point that TM and the rest of the comments haven't touched is that some sort of legislation defining a legal ground work for clarifying when a phone call is domestic or international is pending in the Judiciary Committee.
Currently, there are some FISA judges that consider any call that is routed through the US to be a "domestic" phone call, even if it is between two al Qeada members in the UK and Indonesia. So long as it passes through phone equipment in territorial USA, they consider it "domestic" and under the supervision of FISA. There are "efforts" to change this "definition" underway in the Judiciary Committee, but the change is not a "slam dunk" by any means.
After reading the Harman comment, I am beginning to wonder if there is another NSA program (or subprogram) that the New York Times hasn't told us about (yet) that may have some sort of controversial aspects (they all do) that the Leahy et al would like to keep their hands clean on .. or worse .. would like to leave only the Bush Administration's fingerprints on. Remember Comey and the Gang of 8 haven't revealed the true scope of what was discussed in those private briefings .. only the vague subject of NSA surveillance (but of course that hasn't stopped anybody from assuming perjury).
Now imagine that they could find a way to force the Bush Administration to reveal the existence of the program for "political purposes". Like, perhaps, an AG under threat of perjury.
Wow! Political firings of federal prosecutors .. followed by a political inspired release of classified information to save a political appointee of the Administration at the expense of the safety of "average Joe Six Pack". I can hear it now .. "how low will Bush and the Republicans go to put average Americans at risk .. for political purposes ?"
The fact that political jockeying by Democratic members of the Judiciary Committee to force the end of a large block of seemingly benign surveillance on America's enemies will be lost in the noise as all those programs are closed down. A real Democratic win-win as they could then blame Bush for any future attacks that might .. might have been avoided through "proper surveillance". And without any recorded votes.
Posted by: Neo | July 28, 2007 at 01:10 AM
WASHINGTON (Reuters) - U.S. Chief Justice John Roberts and Supreme Court Justice Samuel Alito "duped" the U.S. Senate into confirming them, a top Democratic lawmaker charged on Friday, days after a key Republican questioned if they had lived up to their promises.
Sen. Charles Schumer of New York, a member of the Judiciary Committee that held hearings on the two, said they staked out moderate positions in congressional testimony but became part of a conservative bloc that issued restrictive rulings on issues from free speech to civil rights.
Schumer, in a speech to the American Constitution Society, talked about the confirmation of Roberts and Alito in 2005 and 2006, respectively.
"Were we duped?" he asked.
"Were we too easily impressed by the charm of nominee Roberts and the erudition of nominee Alito?" Schumer asked. "Did we mistakenly vote our hopes when our fears were more than justified by the ultraconservative records of these two men?"
"Yes," he said
UM ..how much more can the Democrats keep using the "we are so dumb and worthless we Democrats are duped into EVERYTHING" defense with out the obvious message impacting -- they keep trying the we are stupid dupes on the Iraq War etc. etc..
Vote For Democrats - We are so easily DUPED! Just a bunch of stupid idiots we!
Posted by: topsecretk9 | July 28, 2007 at 01:45 AM
"Were we duped?"
“You’re deceiving us.”
The Bush Administration has perfected the Jedi Mind Trick, or is is just Karl Rove ?
Posted by: Neo | July 28, 2007 at 01:57 AM
Schumer probably didn't vote for Roberts or Alito anyway.
Posted by: Neo | July 28, 2007 at 02:01 AM
Good call Neo
Question: On the Nomination (Confirmation Samuel A. Alito, Jr., of New Jersey, to be an Associate Justice )
Schumer (D-NY), Nay
Question: On the Nomination (Confirmation John G. Roberts, Jr., of Maryland, to be Chief Justice of the United States )
Schumer (D-NY), Nay
Posted by: Topsecretk9 | July 28, 2007 at 02:05 AM
Seriously - Great campaign U-tube on that Schumer speech is ripe...
Vote For Democrats - We are so easily DUPED! Just a bunch of stupid idiots we!
Posted by: Topsecretk9 | July 28, 2007 at 02:10 AM
"will take your comments to heart and regretfully leave this blog to those of you with stronger stomachs. I don't think one needs "tender sensibilities" to find these comment beyond the pale(sic)"
Now this is the comment that got you so incensed:-
"Sorry, but two Jews in congress, feinstein and schumer, cannot fire anyone on Bush's staff".
Apparently this is "rabid anti-semitism" to you.
Now this is where your little agent provocateur's tactic rears it "evil head".
"I understand if others don't find rank anti-semitism as offensive as I do but I don't understand why one would simply look the other way when it rears it evil head."
You were told ezplicitly that most here don't read Carol's posts,you were told that Barney Frank had taken her to task for it,all this you ignored.
"Apparently you are comfortable with it"
You seem utterly, unaware of the substantial number of Jewish people who comment here,is that deliberate on your part.
Do not attribute motives to others if you don't want the same to happen to you .
As this door closes,make sure to knock quietly on your bosses door when you report back,the Senator doesn't like people barging in.
Posted by: PeterUK | July 28, 2007 at 07:09 AM
I will admit that over at yargb I deleted the comments of a right wing Canadian who accused me of sniffing Bush's jock. That pissed me off. I do not sniff jocks, not Bush's or anyone else's.
So sue me.
Sometimes it is not a bad idea to go after certain commentors, but Carol's stream of consciousness narratives are rarely obscene. Sometimes, but rarely.
Posted by: TerryeL | July 28, 2007 at 07:14 AM
THE DUPOCRAT PARTY,support us we're buying a bridge.
Posted by: PeterUK | July 28, 2007 at 07:25 AM
Terrye,
The chances of duh deciding to read the comment which duh rarely reads and that after an absence,of coming across one of Carol's posts are slim.This looks like a google search with key words,seems to fit with what is happening in left wing politics,plots not policies.
Posted by: PeterUK | July 28, 2007 at 07:32 AM
There are two extremely valuable streamers here; one is Carol, the other Narciso. Oh yes, Hit and Run, too.
=======================
Posted by: kim | July 28, 2007 at 07:33 AM
Charm and erudition. Isn't that what we want on the Supreme Court? That sort of stuff is lifelong.
=========================
Posted by: kim | July 28, 2007 at 07:36 AM
Streams imply disinhibition. Political correctedness is fatally inhibitory. One must take some bads with the good.
=======================
Posted by: kim | July 28, 2007 at 07:38 AM
Would dmh allow a black man to use the 'N' word?
==============================
Posted by: kim | July 28, 2007 at 07:44 AM
Those wily Republicans and their Supreme Court nominees, always duping the naive Democrats. The Democrats were duped into voting for the Military Commissions Act too! Nothing is their fault!
Can the Democrats play any more to the left-wing base? Why don't they just run Kos as Hillary's VP pick and get it over with?
Posted by: Seixon | July 28, 2007 at 07:46 AM
What do the Norse think of de Villepin?
=======================
Posted by: kim | July 28, 2007 at 07:49 AM
Ever bought a bridge,been abducted by aliens,can't say no to door to door salesmen,lent your life savings to your brother-in-law with a treasure map as security?
Then the DUPOCRATS are the party for you,the inclusive party,we'll fall for anything.
Posted by: PeterUK | July 28, 2007 at 08:00 AM
The new modem installed on Tues (Cisco) is defective leaving me without access to my highspeed connection. I'll check in when I can but am trying to review about 8 of the SCOTUS decisions in which Alito and Roberts views are most commented on and comparing their stated views there with what they told the Judiciary Committee. It's a big project made harder by the limited IT access.
Posted by: clarice | July 28, 2007 at 08:30 AM
The verdict of history is that FDR erred in trying to pack the Supreme Court. I think Schumer is making a political mistake to try to mess with the Supreme Court. It will satisfy the nutroots, and enrage everyone else.
===========================
Posted by: kim | July 28, 2007 at 08:54 AM
Schumer probably answers every one of those letters from the Nigerian businessman with millions he needs to move to a US account.
hmmm... now that I think about it, how could he tell the difference between one of the fake letters and one of Joe Wilsons bribery deals. That prolly dupes him too. Poor guy.
Posted by: Bill in AZ | July 28, 2007 at 08:58 AM
clarice, I'm suspicious of all of your connection issues. What do these telecom guys look like when they come over to install this stuff? Do they have uniforms with "CIA" on the back?
Posted by: Bill in AZ | July 28, 2007 at 09:03 AM
The SJC thing is just another crock. Souter, Kennedy, O'Connor etc did not act as expected (altho I would say Roberts and Alito have - they certainly have lived up to my expectations.)
It's just another Schumer coup which we have become oh so familiar with.
Make sure you read Sabotage.
Posted by: Jane | July 28, 2007 at 09:21 AM
I don't know about anyone else who visits this site, and I do every day, but I find this sort of rank anti-semitism abhorrent.
Seriously? You visit this site everyday? I doubt that or you would know that Carol is ignored by the board and no one else here practices rank anti-semitism.
Tom's blog is not policed. And we like it that way.
See ya'! Or not.
Posted by: Sue | July 28, 2007 at 10:16 AM
Sue,
Oddly duh pays must be only reading our commenters Clarice O'Feldman,Barney MacFrank and Carol Fitzherman herself,shame we have such a paucity of Jewish talent here.
Posted by: PeterUK | July 28, 2007 at 10:46 AM
Well, I'm almost finished a close reading of the first two cases, and Roberts and Alito have not yet said "We're in, full speed ahead on torpedoing stare decisis." In fact it seems to me that it is they who are scrupulous in following precedent and Breyer et al who are ignoring it..
(man Roberts can write! And he can write so well because of the clarity of his thinking.)
Look at the bright side--perhaps one or two of the old justices have put off retiring fearing the court will become more conservative, Schumer's blatherng may encourage them to change their minds, and the people will rise up as they did with the immigration bill and tell Schumer to "shove it"..
Posted by: clarice | July 28, 2007 at 10:47 AM
Surely Harry Reid and Nacy Pelosi are going to get tired of Senator Scumer's hogging the limelight.
Posted by: PeterUK | July 28, 2007 at 10:59 AM
Overlooked History: Islam, Warrantless Wiretaps, and Organized Violence
Anyone remember Cassius Clay and the warrantless wiretaps on him before the world knew him under a different name?
PUK, too bad that there's no one in the Democratic Party worthy to push Schumer to the background like Kerry is.
Posted by: lurker | July 28, 2007 at 12:03 PM