Bloch: Stop Making Sense

By: emptywheel Thursday May 8, 2008 1:38 pm

I am still catching up on events of the last week and so I don't have a really good sense of WTF is going on with the FBI raid of Scott Bloch's house and--according to NPR, via Sara--body cavities. But I wanted to point you to this analysis of a document drafted by a bunch of Office of Special Counsel investigators, listing their complaints about Bloch's intervention into their investigations. I hoped that, by reading the analysis, I could figure out whether Bloch was in the bag for the Administration or opposed to the Administration. And, for the life of me, I can't really discern any logic to Bloch's action.

Go read the analysis. But here's a scorecard of what the analysis seems to suggest:

Office of Political Affairs (Karl Rove's shop at the White House)

Bloch consistently forced the task force conducting the omnibus investigation into whether the White House illegally used agency resources to help Republicans to expand its scope, even beyond the mandate of OSC.

Score: Anti-Bush

US Attorney Firing

Bloch refused repeated DOJ Inspector General demands that he drop his investigation into whether the Administration fired David Iglesias for political reasons, even while he insisted that the Iglesias firing was not a Hatch Act violation. Bloch seems to have insisted on keeping the case either because it was so high profile or to stymie DOJ IG's investigation.

Score: Pro-Bush if done to stymie DOJ IG's investigation

Monica Goodling's Use of Political Tests in DOJ's Hiring Practices

Bloch repeatedly refused to allow investigators to open an investigation into Goodling's admitted Hatch Act violations. When he finally allowed investigators to open such an investigation, he allocated no resources to that investigation.

Score: Pro-Bush

Don Siegelman Prosecution

Bloch ordered investigators to close their investigation into the politicized prosecution of Don Siegelman.

Score: Pro-Bush

Politicized Prosecution of ACORN for Voting Fraud

Bloch refused to allow investigators to open an investigation into whether the timing of Missouri US Attorney Office indictments of ACORN voter registration employees was politically motivated.

Score: Pro-Bush

Lurita Doan

After completing an investigation into Lurita Doan which concluded that she had violated the Hatch Act, Bloch ordered investigators to open a second investigation into Doan, from a time before she worked in the Administration involving her husband. This second investigation sounds like a personal witch hunt against Doan.

Score: Anti-Bush

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The Commission on Warrantless Wiretapping and FISA Compromise

By: emptywheel Thursday May 8, 2008 9:07 am

Apparently, while I've been on my Haggis and Beamish pilgrimage, Steny Hoyer has been busy brokering a compromise on FISA.

House Majority Leader Steny H. Hoyer (D-Md.) said Wednesday a FISA deal is “still in flux” but he described the latest developments as “promising” and said he hoped to have a solution soon.

[snip]

Sen. Kit Bond of Missouri, the top Republican on the Intelligence committee and one of the GOP’s top negotiators on the issue, said he met with Hoyer to discuss the issue on Monday, but did not say a breakthrough had been achieved.

“This is still a ping-pong match,” said Rep Jane Harman (D-Calif.), referring to the back and forth on the bill between the two chambers.

Harman said the latest developments signify "positive movement" on the bill and praised the job Hoyer has been doing on the issue.

Hoyer has been the strongest proponent of a compromise in the Democratic leadership and has worked hard to broker a deal on the issue. He often acts as an intermediary between liberal House Democrats unwilling to grant the telecom companies immunity and conservative Senate Republicans and the White House, both of whom will not accept any FISA bill without immunity.

Now, before I say what I'm about to say, let me reiterate that I believe we should not compromise. The telecoms broke the law when they accepted a letter authorizing the spying on Americans signed by the White House Counsel in lieu of the Attorney General in March 2004, and they should be held accountable for breaking the law.

That said, let me make some points about what basis for compromise Steny might be negotiating, and how such a compromise might be an avenue for transparency about the Administration's (as distinct from just the telecom's) lawbreaking with the illegal wiretap program.

Remember that Steny is not just the chief broker currently on FISA. He was also the chief broker on the House bill that passed on March 14. And that bill had one provision that seems to have been forgotten in recent discussions of compromise, but was clearly intended, even in March, to serve as the kernel of any future compromises: the call for a commission to investigate the illegal wiretap program.

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Does McCain Support the Poisoning of MI’s Voters?

By: emptywheel Thursday May 8, 2008 5:10 am

A number of people (including Senator Whitehouse) have pointed out how much the Mary Gade firing resembles the US Attorney firing. As the Chicago Tribune reported (before the Administration released the standard "spending time with her family" statement), Gade was told to resign because she expected Dow Chemical to clean up its pollution in the Saginaw-Midland MI area.

On Thursday, following months of internal bickering over Mary Gade's interactions with Dow, the administration forced her to quit as head of the U.S. Environmental Protection Agency's Midwest office, based in Chicago.

Gade told the Tribune she resigned after two aides to national EPA administrator Stephen Johnson took away her powers as regional administrator and told her to quit or be fired by June 1.

[snip]

Gade, appointed by President Bush as regional EPA administrator in September 2006, invoked emergency powers last summer to order the company to remove three hotspots of dioxin near its Midland headquarters.

She demanded more dredging in November, when it was revealed that dioxin levels along a park in Saginaw were 1.6 million parts per trillion, the highest amount ever found in the U.S.

Dow then sought to cut a deal on a more comprehensive cleanup. But Gade ended the negotiations in January, saying Dow was refusing to take action necessary to protect public health and wildlife. Dow responded by appealing to officials in Washington, according to heavily redacted letters the Tribune obtained under the Freedom of Information Act.

[snip]

On Thursday, Gade said of her resignation: "There's no question this is about Dow. I stand behind what I did and what my staff did. I'm proud of what we did."

What I haven't heard mentioned in any of this coverage, though, is whether John McCain supports the firing of Mary Gade.

It's relevant, I figure, for two reasons. First, with his half-measures global warming initiative, McCain likes to fancy himself a bit of an environmentalist. More importantly, McCain is banking heavily on winning MI in November. There is no way that McCain becomes President without winning MI.

So don't you think it a relevant question--whether McCain supports the firing of Mary Gade because she tried to end the poisoning of a bunch of MI voters on whose votes McCain is counting?

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EFF Bags A Big Win On NSLs

By: bmaz Wednesday May 7, 2008 3:37 pm

Our good friends at EFF have a big announcement. They have bagged a big win against the Bush Government on the improper use of National Security Letters.

The Flying Fur At OSC

By: bmaz Wednesday May 7, 2008 11:52 am

Many of you have been asking many different questions about the OSC kerfluffle. I am fairly deep into this now and hope to have a serious piece ready by tonight. This is just a short post to run by all of you my current thoughts and ask you to post in comments any links to new and probative information you have run across (for other topics too if they are really noteworthy).

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