Commentary Magazine


Topic: inspector

Hypocrisy Run Rampant

The deepwater-drilling ban caused great economic hardship to the Gulf states, which were already reeling from the BP oil spill. Now we know that the decision was based on falsified science:

The White House dropped its deep water drilling ban last month, ending months of government-imposed pain on a Gulf region hit by the BP oil spill. But only last week did the Department of Interior’s acting inspector general, Mary Kendall, issue her findings on the moratorium’s controversial beginnings. Lackluster though her investigation was, the report confirms that the moratorium never had any basis in science or safety. It was pure politics.

Between ClimateGate, the creative editing by none other than now-Justice Elena Kagan on the medical justification for partial-birth abortions, and DrillGate, the left’s respect for science leaves a lot to be desired. As with the moral preening and intellectual condescension that has characterized this administration, its rhetoric on science (“the days of science taking a backseat to ideology are over”) turns out to be rather empty.

Its not just science that’s taken a licking in the Obama administration. There is also “diplomacy” — which has proved to be decidedly un-smart in the Middle East. The Obami decried the lackluster performance of their predecessors, yet their own performance is, by the estimation of virtually all the region’s players and domestic observers on both sides of the aisle, as bad as any we have seen since the founding of the state of Israel.

Oh, and in the “restoring our values” and “moral high ground” department, how’s Eric Holder doing at the Justice Department? Turns out that the administration has not only failed to close Guantanamo (where terrorists’ lawyers would prefer to detain their clients than see them returned to Arab nations with decidedly nasty detention facilities) and bollixed up a trial of a mass-murdering terrorist, but in fact has duplicated Guantanamo in Bagram, where no habeas corpus rules apply. This is an improvement?

Then there’s the braggadocio about “transparency.” Well, we’ve had precious little of that — whether on terrorist recidivism, the New Black Panther Party scandal, or the Fort Hood terrorist attack.

So if you are keeping track, the Obama administration has politicized science, made hash out of Middle East diplomacy, allowed left-wing ideologues to run amok in the Justice Department, sullied our justice system with no appreciable benefit in the war against Islamic terrorists, and conducted itself with Nixonian-like secrecy. The liberal intelligentsia with very few exceptions has been mute about all this. Hypocrisy, they say, is the tribute vice pays to virtue. In that regard, no one can accuse the Obama team or its supporters of frugality.

The deepwater-drilling ban caused great economic hardship to the Gulf states, which were already reeling from the BP oil spill. Now we know that the decision was based on falsified science:

The White House dropped its deep water drilling ban last month, ending months of government-imposed pain on a Gulf region hit by the BP oil spill. But only last week did the Department of Interior’s acting inspector general, Mary Kendall, issue her findings on the moratorium’s controversial beginnings. Lackluster though her investigation was, the report confirms that the moratorium never had any basis in science or safety. It was pure politics.

Between ClimateGate, the creative editing by none other than now-Justice Elena Kagan on the medical justification for partial-birth abortions, and DrillGate, the left’s respect for science leaves a lot to be desired. As with the moral preening and intellectual condescension that has characterized this administration, its rhetoric on science (“the days of science taking a backseat to ideology are over”) turns out to be rather empty.

Its not just science that’s taken a licking in the Obama administration. There is also “diplomacy” — which has proved to be decidedly un-smart in the Middle East. The Obami decried the lackluster performance of their predecessors, yet their own performance is, by the estimation of virtually all the region’s players and domestic observers on both sides of the aisle, as bad as any we have seen since the founding of the state of Israel.

Oh, and in the “restoring our values” and “moral high ground” department, how’s Eric Holder doing at the Justice Department? Turns out that the administration has not only failed to close Guantanamo (where terrorists’ lawyers would prefer to detain their clients than see them returned to Arab nations with decidedly nasty detention facilities) and bollixed up a trial of a mass-murdering terrorist, but in fact has duplicated Guantanamo in Bagram, where no habeas corpus rules apply. This is an improvement?

Then there’s the braggadocio about “transparency.” Well, we’ve had precious little of that — whether on terrorist recidivism, the New Black Panther Party scandal, or the Fort Hood terrorist attack.

So if you are keeping track, the Obama administration has politicized science, made hash out of Middle East diplomacy, allowed left-wing ideologues to run amok in the Justice Department, sullied our justice system with no appreciable benefit in the war against Islamic terrorists, and conducted itself with Nixonian-like secrecy. The liberal intelligentsia with very few exceptions has been mute about all this. Hypocrisy, they say, is the tribute vice pays to virtue. In that regard, no one can accuse the Obama team or its supporters of frugality.

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Flotsam and Jetsam

Imagine if the Bush administration had pulled this. “An inspector general says the White House edited a report about the administration’s moratorium on offshore oil drilling to make it appear that scientists and experts supported the idea of a six-month ban on new drilling. The Interior Department’s inspector general says the changes resulted ‘in the implication that the moratorium recommendation had been peer reviewed.’ But it hadn’t been.” Reminds you of Elena Kagan’s stunt about the outside experts’ report on partial-birth abortion, doesn’t it?

Imagine if our president sounded like Canada’s prime minister on Israel. “We must be relentless in exposing this new anti-Semitism for what it is. Of course, like any country, Israel may be subjected to fair criticism. And like any free country, Israel subjects itself to such criticism — healthy, necessary, democratic debate. But when Israel, the only country in the world whose very existence is under attack — is consistently and conspicuously singled out for condemnation, I believe we are morally obligated to take a stand. Demonization, double standards, delegitimization, the three D’s, it is the responsibility of us all to stand up to them.” Read the whole thing.

Imagine if the media scrutinized Obama on Afghanistan the way it did his predecessor on Iraq. “A White House review of President Obama’s Afghanistan strategy next month will judge ‘how this current approach is working’ but will not suggest alternatives if aspects of the policy are found to be failing, a senior administration official said Tuesday.” Appalling.

Imagine if Chris Christie were given a chance to get the federal government’s fiscal house in order. Oh my! He keeps this up and there will be “Draft Christie!” movements in every state.

Imagine how much the debt commission could have saved if it had recommended shelving ObamaCare. “The Bowles-Simpson proposal would leave in place the entire trillion-dollar monstrosity. … The fundamental problem here is that it is not possible to build a bipartisan budget framework on a foundation that includes a partisan health-care plan with sweeping implications for future spending levels. To have a bipartisan budget requires a bipartisan health plan. And that means repealing Obamacare and starting over.”

Imagine if Obama had pulled the plug on this months ago. Eric Holder says he’s “close to a decision” on a civilian trial for KSM. With the new GOP Congress, I think there is no chance KSM is going to see the inside of an Article III courtroom, and the Obami know it. Get ready for an about-face on this one.

Imagine if Obama listened to sane advice on the Middle East. “Why does the president continue to harp on settlements in East Jerusalem, as opposed to expansion of West Bank settlements that would be dismantled under the terms of any peace agreement between the parties? Obama may feel that he has crossed a Rubicon and must push forward. Or he may feel that he must put Netanyahu in his place. … Whatever the reason, Obama’s behavior in Indonesia, and his constant harping on the construction issue, has complicated his avowed search for an agreement between Israelis and Palestinians. … The peace process is stalemated, and it is up to the president, who has, perhaps unwittingly, brought on this latest dead end on the long-standing saga of Israeli-Palestinian misery, to come up with a way that lets both sides move forward, even if it means that he personally has to take several steps back in order to do so.”

Imagine if the Bush administration had pulled this. “An inspector general says the White House edited a report about the administration’s moratorium on offshore oil drilling to make it appear that scientists and experts supported the idea of a six-month ban on new drilling. The Interior Department’s inspector general says the changes resulted ‘in the implication that the moratorium recommendation had been peer reviewed.’ But it hadn’t been.” Reminds you of Elena Kagan’s stunt about the outside experts’ report on partial-birth abortion, doesn’t it?

Imagine if our president sounded like Canada’s prime minister on Israel. “We must be relentless in exposing this new anti-Semitism for what it is. Of course, like any country, Israel may be subjected to fair criticism. And like any free country, Israel subjects itself to such criticism — healthy, necessary, democratic debate. But when Israel, the only country in the world whose very existence is under attack — is consistently and conspicuously singled out for condemnation, I believe we are morally obligated to take a stand. Demonization, double standards, delegitimization, the three D’s, it is the responsibility of us all to stand up to them.” Read the whole thing.

Imagine if the media scrutinized Obama on Afghanistan the way it did his predecessor on Iraq. “A White House review of President Obama’s Afghanistan strategy next month will judge ‘how this current approach is working’ but will not suggest alternatives if aspects of the policy are found to be failing, a senior administration official said Tuesday.” Appalling.

Imagine if Chris Christie were given a chance to get the federal government’s fiscal house in order. Oh my! He keeps this up and there will be “Draft Christie!” movements in every state.

Imagine how much the debt commission could have saved if it had recommended shelving ObamaCare. “The Bowles-Simpson proposal would leave in place the entire trillion-dollar monstrosity. … The fundamental problem here is that it is not possible to build a bipartisan budget framework on a foundation that includes a partisan health-care plan with sweeping implications for future spending levels. To have a bipartisan budget requires a bipartisan health plan. And that means repealing Obamacare and starting over.”

Imagine if Obama had pulled the plug on this months ago. Eric Holder says he’s “close to a decision” on a civilian trial for KSM. With the new GOP Congress, I think there is no chance KSM is going to see the inside of an Article III courtroom, and the Obami know it. Get ready for an about-face on this one.

Imagine if Obama listened to sane advice on the Middle East. “Why does the president continue to harp on settlements in East Jerusalem, as opposed to expansion of West Bank settlements that would be dismantled under the terms of any peace agreement between the parties? Obama may feel that he has crossed a Rubicon and must push forward. Or he may feel that he must put Netanyahu in his place. … Whatever the reason, Obama’s behavior in Indonesia, and his constant harping on the construction issue, has complicated his avowed search for an agreement between Israelis and Palestinians. … The peace process is stalemated, and it is up to the president, who has, perhaps unwittingly, brought on this latest dead end on the long-standing saga of Israeli-Palestinian misery, to come up with a way that lets both sides move forward, even if it means that he personally has to take several steps back in order to do so.”

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The Failures of TARP

Liberals would have us believe that government is more trustworthy and competent than the private sector to manage large sums of money. A gaping deficit, ham-handedness in reacting to natural disasters, and unsustainable entitlement problems tell us otherwise. Now we learn:

TARP bailouts are far from over, even though Treasury’s ability to invest more money in the program has expired, a new oversight report finds. The special inspector general for the Troubled Asset Relief Program, Neil Barofsky, has prepared a report outlining problems, including rosy Treasury estimates for the program’s cost to taxpayers. …

The report criticizes TARP for failing to save enough struggling homeowners from foreclosure. The program has supported 207,000 permanent mortgage modifications intended to keep people in their homes. But 1.7 million homes have been foreclosed on since January 2009.

“The most specific of TARP’s Main Street goals, “preserving homeownership,” has so far fallen woefully short,” the report said.

The report also hit TARP for failing to increase lending for small businesses, going after the administration’s auto team for advocating to speed the rate of shuttering car dealerships in order to save General Motors.

As for Obama’s occasional claims that we have gotten our money back, the IG says it just isn’t so. At every turn we learn and relearn again that the government has no special expertise — in fact has no expertise — when it comes to running banks or car companies. It is no wonder that skepticism about government has grown. As it takes on more, spends more, and performs less well, voters get the idea that we should start taking responsibilities away from the government. We can start with ObamaCare. Imagine what an IG report on that would look like five or 10 years from now.

Liberals would have us believe that government is more trustworthy and competent than the private sector to manage large sums of money. A gaping deficit, ham-handedness in reacting to natural disasters, and unsustainable entitlement problems tell us otherwise. Now we learn:

TARP bailouts are far from over, even though Treasury’s ability to invest more money in the program has expired, a new oversight report finds. The special inspector general for the Troubled Asset Relief Program, Neil Barofsky, has prepared a report outlining problems, including rosy Treasury estimates for the program’s cost to taxpayers. …

The report criticizes TARP for failing to save enough struggling homeowners from foreclosure. The program has supported 207,000 permanent mortgage modifications intended to keep people in their homes. But 1.7 million homes have been foreclosed on since January 2009.

“The most specific of TARP’s Main Street goals, “preserving homeownership,” has so far fallen woefully short,” the report said.

The report also hit TARP for failing to increase lending for small businesses, going after the administration’s auto team for advocating to speed the rate of shuttering car dealerships in order to save General Motors.

As for Obama’s occasional claims that we have gotten our money back, the IG says it just isn’t so. At every turn we learn and relearn again that the government has no special expertise — in fact has no expertise — when it comes to running banks or car companies. It is no wonder that skepticism about government has grown. As it takes on more, spends more, and performs less well, voters get the idea that we should start taking responsibilities away from the government. We can start with ObamaCare. Imagine what an IG report on that would look like five or 10 years from now.

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Hiding Facts in a Scandal Never Works

Since the Obama team pulled the plug on the voter-intimidation case against the New Black Panther Party, the administration has tried to keep the facts under wraps and the relevant documents and witnesses from surfacing. But this never works in Washington. In these sorts of scandals, the facts will still come out one way or another.

The new Congress with GOP chairmen will have the power to subpoena witnesses and documents and then take the administration to federal court if its stonewalling continues. Judicial Watch is already in federal court challenging the administration’s withholding of documents from Thomas Perrelli, the associate attorney general. Then there are Justice Department attorneys who fear they may be caught in the scandal — because they complied with Obama appointees’ directions to withhold documents improperly, provided misleading answers to discovery requests, or aided in obstructing investigations. Now they may very well decide to assist investigators in an effort to distance themselves from the wrongdoers. There are many witnesses to the meetings, e-mails, documents, and discussions described by  Chris Coates and J. Christian Adams. It’s inconceivable all of them will remain silent.

The Justice Department’s inspector general, Glenn Fine, is, or should be, another source of concern for the administration. When Reps. Frank Wolf and Lamar Smith were struggling in 2009 to get facts about the dismissal of the New Black Panther case, they wrote to Fine to implore him to open an investigation. Now, for many years, Fine has pushed for greater statutory authority to act as DOJ’s centralized watchdog, which in essence would overshadow the Office of Professional Responsibility (whose reputation has been poor and only deteriorated when its work on the John Yoo and Jay Bybee investigation was repudiated). In 2009, Fine said he lacked the authority to pursue the matter. But that was when the Obama team was riding high and ample evidence of systemic wrongdoing hadn’t been confirmed. In September 2010, both Obama’s political standing and the state of the evidence have changed.

Sure enough, Fine recently informed Wolf and Smith that he’s now undertaking that investigation. The New Black Panther Party scandal might finally give Fine the visibility and respect he has long sought. And it sure won’t harm his reputation with the new Congress.

Since the Obama team pulled the plug on the voter-intimidation case against the New Black Panther Party, the administration has tried to keep the facts under wraps and the relevant documents and witnesses from surfacing. But this never works in Washington. In these sorts of scandals, the facts will still come out one way or another.

The new Congress with GOP chairmen will have the power to subpoena witnesses and documents and then take the administration to federal court if its stonewalling continues. Judicial Watch is already in federal court challenging the administration’s withholding of documents from Thomas Perrelli, the associate attorney general. Then there are Justice Department attorneys who fear they may be caught in the scandal — because they complied with Obama appointees’ directions to withhold documents improperly, provided misleading answers to discovery requests, or aided in obstructing investigations. Now they may very well decide to assist investigators in an effort to distance themselves from the wrongdoers. There are many witnesses to the meetings, e-mails, documents, and discussions described by  Chris Coates and J. Christian Adams. It’s inconceivable all of them will remain silent.

The Justice Department’s inspector general, Glenn Fine, is, or should be, another source of concern for the administration. When Reps. Frank Wolf and Lamar Smith were struggling in 2009 to get facts about the dismissal of the New Black Panther case, they wrote to Fine to implore him to open an investigation. Now, for many years, Fine has pushed for greater statutory authority to act as DOJ’s centralized watchdog, which in essence would overshadow the Office of Professional Responsibility (whose reputation has been poor and only deteriorated when its work on the John Yoo and Jay Bybee investigation was repudiated). In 2009, Fine said he lacked the authority to pursue the matter. But that was when the Obama team was riding high and ample evidence of systemic wrongdoing hadn’t been confirmed. In September 2010, both Obama’s political standing and the state of the evidence have changed.

Sure enough, Fine recently informed Wolf and Smith that he’s now undertaking that investigation. The New Black Panther Party scandal might finally give Fine the visibility and respect he has long sought. And it sure won’t harm his reputation with the new Congress.

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Madam Secretary, Do You Care About Human Rights?

The Obama administration fancies itself as a defender of human rights. Obama spoke quite a lot about his commitment to human rights and democracy at the UN last week. Well, here’s a test for the president and his secretary of state.

When last we left the story of Western Sahara, the Polisario Front had nabbed the former inspector general of police, Salma Mustafa Ould Sidi Mouloud, who had the temerity to leave the camps where Sahwaris are warehoused and speak out in favor of the autonomy plan put forth by Morocco. Human rights activists appealed to the UN (good luck with that). Yesterday, Reps. Lincoln Diaz-Balart, (R-Fla.) and Jim Moran (D-Va.) sent a letter to Hillary Clinton, urging her “to work to seek the immediate release of Mr. Sidi Mouloud.” They explain: “He, and everyone in the refugee camps, should be allowed the right to movement, freedom of speech, and liberty.”

Well here’s the Obami’s chance to prove their attention to human rights and multilateral diplomatic skills. Will Clinton do anything more that bear witness to the abduction and silencing of a critic of the Polisario Front?

The congressmen remind Clinton that Sidi Mouloud has been charged with “espionage” and “treason.” In other words, unless international pressure is applied swiftly, his prospects for survival and release are dim.

The Obama administration fancies itself as a defender of human rights. Obama spoke quite a lot about his commitment to human rights and democracy at the UN last week. Well, here’s a test for the president and his secretary of state.

When last we left the story of Western Sahara, the Polisario Front had nabbed the former inspector general of police, Salma Mustafa Ould Sidi Mouloud, who had the temerity to leave the camps where Sahwaris are warehoused and speak out in favor of the autonomy plan put forth by Morocco. Human rights activists appealed to the UN (good luck with that). Yesterday, Reps. Lincoln Diaz-Balart, (R-Fla.) and Jim Moran (D-Va.) sent a letter to Hillary Clinton, urging her “to work to seek the immediate release of Mr. Sidi Mouloud.” They explain: “He, and everyone in the refugee camps, should be allowed the right to movement, freedom of speech, and liberty.”

Well here’s the Obami’s chance to prove their attention to human rights and multilateral diplomatic skills. Will Clinton do anything more that bear witness to the abduction and silencing of a critic of the Polisario Front?

The congressmen remind Clinton that Sidi Mouloud has been charged with “espionage” and “treason.” In other words, unless international pressure is applied swiftly, his prospects for survival and release are dim.

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Where Is the International Community When You Need It?

When we had last left the story of the ongoing tragedy in Western Sahara, the chief of police of the Polisario Front (the “liberation group” that has blocked a plan for autonomy put forth by Morocco and continues to warehouse Sahrawis in dismal conditions) had denounced his own rebel movement and championed the Moroccan autonomy plan, despite fears he would be arrested. He fled to Mauritania and was planning on rejoining his family in the Tindouf camps and continuing his advocacy. But the Polisario Front would have none of it:

Polisario top security official Mustapha Salma Ould Sidi Mouloud was arrested on Tuesday evening by the militia of the Western Sahara’s Polisario Front upon his arrival in the border post leading to the Tindouf camps, coming from the Mauritanian territory, international media reported.

Polisario militiamen, who were on board of two vehicles, arrested Ould Sidi Mouloud, in the region of Mhiriz, before taking him to unknown destination, according to Al Arabiya sources.

So much for freedom of travel. So much for freedom of speech. Earlier in the day, Sidi Mouloud, we are told, “urged the United Nations and all international human rights organizations to support him to preserve his right of free speech and his physical integrity.” Not quickly enough, it turns out.

And where is the “international community”? Humanitarian groups have called on the UN to take action. For example:

The Leadership Council for Human Rights this morning called on the International Committee of the Red Cross to seek the release of Mustapha Salma Ould Sidi Mouloud, the 42 year old police inspector of the Polisario.

Sidi Mouloud was arrested yesterday by Algerian and Polisario authorities after speaking out in favor of the Moroccan Autonomy Plan for the Western Sahara.

“Not only is Sidi Mouloud’s arrest illegal — all he did was speak his mind; I don’t remember freedom of speech having been removed from the list of fundamental rights — it raises concerns for his overall safety,” stated Kathryn Cameron Porter, Founder and President of the Leadership Council for Human Rights. “The last senior figure to come out in support of the Autonomy Plan, Mahfoud Ali Beiba, had a sudden and unexpected heart attack immediately after his announcement.”

We should not get our hopes up that the UN will spring him. But this does raise once again a fundamental question. Morocco has presented an autonomy plan to the UN, which the Obama administration supports, but the UN has done nothing while Algeria and its pets in the Polisario Front maintain their grip on the throats of the Sahrawis and commit violations of human rights. Why doesn’t the UN agree to the plan and then use its persuasive powers (we keep hearing they have some) to implement it? Oh, is the UN Human Rights Council too busy bashing Israel?

The Obami have great faith in the efficacy of multi-lateral institutions. Perhaps it’s time to put that faith to the test and challenge the UN to end the suffering and the abuse of fundamental rights in Western Sahara.

When we had last left the story of the ongoing tragedy in Western Sahara, the chief of police of the Polisario Front (the “liberation group” that has blocked a plan for autonomy put forth by Morocco and continues to warehouse Sahrawis in dismal conditions) had denounced his own rebel movement and championed the Moroccan autonomy plan, despite fears he would be arrested. He fled to Mauritania and was planning on rejoining his family in the Tindouf camps and continuing his advocacy. But the Polisario Front would have none of it:

Polisario top security official Mustapha Salma Ould Sidi Mouloud was arrested on Tuesday evening by the militia of the Western Sahara’s Polisario Front upon his arrival in the border post leading to the Tindouf camps, coming from the Mauritanian territory, international media reported.

Polisario militiamen, who were on board of two vehicles, arrested Ould Sidi Mouloud, in the region of Mhiriz, before taking him to unknown destination, according to Al Arabiya sources.

So much for freedom of travel. So much for freedom of speech. Earlier in the day, Sidi Mouloud, we are told, “urged the United Nations and all international human rights organizations to support him to preserve his right of free speech and his physical integrity.” Not quickly enough, it turns out.

And where is the “international community”? Humanitarian groups have called on the UN to take action. For example:

The Leadership Council for Human Rights this morning called on the International Committee of the Red Cross to seek the release of Mustapha Salma Ould Sidi Mouloud, the 42 year old police inspector of the Polisario.

Sidi Mouloud was arrested yesterday by Algerian and Polisario authorities after speaking out in favor of the Moroccan Autonomy Plan for the Western Sahara.

“Not only is Sidi Mouloud’s arrest illegal — all he did was speak his mind; I don’t remember freedom of speech having been removed from the list of fundamental rights — it raises concerns for his overall safety,” stated Kathryn Cameron Porter, Founder and President of the Leadership Council for Human Rights. “The last senior figure to come out in support of the Autonomy Plan, Mahfoud Ali Beiba, had a sudden and unexpected heart attack immediately after his announcement.”

We should not get our hopes up that the UN will spring him. But this does raise once again a fundamental question. Morocco has presented an autonomy plan to the UN, which the Obama administration supports, but the UN has done nothing while Algeria and its pets in the Polisario Front maintain their grip on the throats of the Sahrawis and commit violations of human rights. Why doesn’t the UN agree to the plan and then use its persuasive powers (we keep hearing they have some) to implement it? Oh, is the UN Human Rights Council too busy bashing Israel?

The Obami have great faith in the efficacy of multi-lateral institutions. Perhaps it’s time to put that faith to the test and challenge the UN to end the suffering and the abuse of fundamental rights in Western Sahara.

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Pack It Up, Inspector Javert

Not only witty conservative bloggers are calling for Patrick Fitzgerald to hang it up. In the wake of Blago’s largely hung jury, it has dawned on many more that the prosecutor is more persecutor and a menace to the justice system. The Wall Street Journal reminds us of Fitzgerald’s presser two years ago:

Then, the U.S. Attorney spoke of “what we can only describe as a political corruption crime spree” and accused Blagojevich of “the most appalling conduct” that would have “Lincoln roll over in his grave.” It was “a truly new low,” Mr. Fitzgerald told the world. … As the former Justice Department lawyer Victoria Toensing noted in these pages at the time, Mr. Fitzgerald violated prosecutorial ethics by speaking “beyond the four corners of the complaint,” to use the criminal law vernacular for the facts at issue, thus possibly tainting the jury pool.

As the WSJ editors point out, this is not an isolated occurrence. There is a pattern at work here — smear and intimidate, throw whatever charges you can at the vilified defendant, and see what the jury will buy:

At a 2005 press conference, Mr. Fitzgerald implied that Mr. Libby had obstructed his investigation into who leaked the former CIA analyst’s name, even though he knew from the start that the real “leaker” was Richard Armitage.

Then there was the railroading of Conrad Black, the conservative newspaper baron who was convicted in 2007 using the infinitely malleable “honest services” fraud law. The Supreme Court junked much of that law earlier this year, leading to Mr. Black’s release from prison. The jury had earlier dismissed nine of the 13 charges Mr. Fitzgerald filed.

Fitzgerald is lacking in the very qualities we must demand of prosecutors: discretion and restraint. The Washington Post editors recognize this in their well-taken objection to Blago’s retrial:

Mr. Fitzgerald is entitled under the law to drag the ex-governor back into court. He has the resources to do so and the motivation: The Blagojevich brand of politics is repugnant, beyond any doubt. It perverts democracy and puts moneyed interests over the common good. But the prosecutor took his shot and lost. He should stand down before crossing another fine line — the one that separates prosecution from persecution.

Because Fitzgerald can’t or won’t recognize the difference between the two, it’s time for him to pack it in, albeit much too late for Scooter Libby and Conrad Black. One final thought: had the extent of Fitzgerald’s abuse of power been clear at the time, would President Bush have withheld a full pardon from Libby? We don’t know, but all this is further evidence of the need to rethink the notion of “special prosecutors,” who by definition are freed from the restraints that prevent ordinary prosecutors from running amok and abusing their power.

Not only witty conservative bloggers are calling for Patrick Fitzgerald to hang it up. In the wake of Blago’s largely hung jury, it has dawned on many more that the prosecutor is more persecutor and a menace to the justice system. The Wall Street Journal reminds us of Fitzgerald’s presser two years ago:

Then, the U.S. Attorney spoke of “what we can only describe as a political corruption crime spree” and accused Blagojevich of “the most appalling conduct” that would have “Lincoln roll over in his grave.” It was “a truly new low,” Mr. Fitzgerald told the world. … As the former Justice Department lawyer Victoria Toensing noted in these pages at the time, Mr. Fitzgerald violated prosecutorial ethics by speaking “beyond the four corners of the complaint,” to use the criminal law vernacular for the facts at issue, thus possibly tainting the jury pool.

As the WSJ editors point out, this is not an isolated occurrence. There is a pattern at work here — smear and intimidate, throw whatever charges you can at the vilified defendant, and see what the jury will buy:

At a 2005 press conference, Mr. Fitzgerald implied that Mr. Libby had obstructed his investigation into who leaked the former CIA analyst’s name, even though he knew from the start that the real “leaker” was Richard Armitage.

Then there was the railroading of Conrad Black, the conservative newspaper baron who was convicted in 2007 using the infinitely malleable “honest services” fraud law. The Supreme Court junked much of that law earlier this year, leading to Mr. Black’s release from prison. The jury had earlier dismissed nine of the 13 charges Mr. Fitzgerald filed.

Fitzgerald is lacking in the very qualities we must demand of prosecutors: discretion and restraint. The Washington Post editors recognize this in their well-taken objection to Blago’s retrial:

Mr. Fitzgerald is entitled under the law to drag the ex-governor back into court. He has the resources to do so and the motivation: The Blagojevich brand of politics is repugnant, beyond any doubt. It perverts democracy and puts moneyed interests over the common good. But the prosecutor took his shot and lost. He should stand down before crossing another fine line — the one that separates prosecution from persecution.

Because Fitzgerald can’t or won’t recognize the difference between the two, it’s time for him to pack it in, albeit much too late for Scooter Libby and Conrad Black. One final thought: had the extent of Fitzgerald’s abuse of power been clear at the time, would President Bush have withheld a full pardon from Libby? We don’t know, but all this is further evidence of the need to rethink the notion of “special prosecutors,” who by definition are freed from the restraints that prevent ordinary prosecutors from running amok and abusing their power.

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Flotsam and Jetsam

Mind-boggling: Admiral Mike Mullen proclaims, “Iran getting a nuclear weapon would be incredibly destabilizing. Attacking them would also create the same kind of outcome. …In an area that’s so unstable right now, we just don’t need more of that.” The only difference is that one way there’s a nuclear-armed revolutionary Islamic state.

Priceless: “Goldman Sachs is launching an aggressive response to its political and legal challenges with an unlikely ally at its side — President Barack Obama’s former White House counsel, Gregory Craig.”

Suspicious: “The Securities and Exchange Commission fraud case against Goldman Sachs may be settled before it ever sees a courtroom. Yet intentionally or not, the SEC has already secured at least one victory in the court of media opinion. Last Friday, the same day that the government unexpectedly announced its Goldman lawsuit, the SEC’s inspector general released his exhaustive, 151-page report on the agency’s failure to investigate alleged fraudster R. Allen Stanford. Mr. Stanford was indicted last June for operating a Ponzi scheme that bilked investors out of $8 billion. … But the SEC is very good at nailing politically correct targets like Goldman years after the fact on charges that have little or nothing to do with the investing public. On the Goldman case, by the way, the news broke yesterday that the SEC commissioners split 3-2 on whether to bring the lawsuit — a rare partisan split on such a prominent case and further evidence of its thin legal basis.” And just in the nick of time to help the PR on the financial regulations bill!

Definitive (confirmation that the Dems are in a heap of trouble): “Republican candidates now hold a 10-point lead over Democrats in the latest edition of the Generic Congressional Ballot, tying the GOP’s high for the year recorded the second week in March and their biggest lead in nearly three years of weekly tracking.”

Frightening but not surprising: “It may be too late to stop Iran developing a nuclear weapon, a former senior US defence official has warned. The official, who has long experience with several US administrations, said President Obama had waited too long to take tough action against Tehran. ‘Fifteen months into his administration, Iran has faced no significant consequences for continuing with its uranium-enrichment programme, despite two deadlines set by Obama, which came and went without anything happening,’ the former official, who was speaking on condition of anonymity, told The Times. ‘Now it may be too late to stop Iran from becoming nuclear-capable.’”

Gutsy: “After being stonewalled by the Obama administration for five months, Senators Joe Lieberman, I-Conn., and Susan Collins, R-Me, issued subpoenas Monday to Defense Secretary Robert Gates and Attorney General Eric Holder for a list of witnesses and documents regarding the Nov. 5, 2009 Fort Hood massacre.”

Irrelevant: “Mitt Romney continues to look like the early front-runner for the GOP presidential nomination in 2012. A Public Policy Polling (D) survey shows Romney leading former Alaska Gov. Sarah Palin and former Arkansas Gov. Mike Huckabee in every region except the South, where Huckabee uses his home-field advantage to lead the field.” Ask Rudy Giuliani what early polls mean.

Depressing: “Both left and right [in Israel] are troubled, and both largely about the same things, especially the Iranian nuclear program combined with growing tensions with the Obama administration. ‘There is a confluence of two very worrying events,’ said Michael Freund, a rightist columnist for The Jerusalem Post in a telephone interview. ‘One is the Iranian threat, an existential threat. Add to that the fact that for the first time in recent memory there is a president in the White House who is not overly sensitive to the Jewish state and its interests. You put the two together and it will affect anyone’s mood, even an optimist like me.” Overly? Not at all.

Mind-boggling: Admiral Mike Mullen proclaims, “Iran getting a nuclear weapon would be incredibly destabilizing. Attacking them would also create the same kind of outcome. …In an area that’s so unstable right now, we just don’t need more of that.” The only difference is that one way there’s a nuclear-armed revolutionary Islamic state.

Priceless: “Goldman Sachs is launching an aggressive response to its political and legal challenges with an unlikely ally at its side — President Barack Obama’s former White House counsel, Gregory Craig.”

Suspicious: “The Securities and Exchange Commission fraud case against Goldman Sachs may be settled before it ever sees a courtroom. Yet intentionally or not, the SEC has already secured at least one victory in the court of media opinion. Last Friday, the same day that the government unexpectedly announced its Goldman lawsuit, the SEC’s inspector general released his exhaustive, 151-page report on the agency’s failure to investigate alleged fraudster R. Allen Stanford. Mr. Stanford was indicted last June for operating a Ponzi scheme that bilked investors out of $8 billion. … But the SEC is very good at nailing politically correct targets like Goldman years after the fact on charges that have little or nothing to do with the investing public. On the Goldman case, by the way, the news broke yesterday that the SEC commissioners split 3-2 on whether to bring the lawsuit — a rare partisan split on such a prominent case and further evidence of its thin legal basis.” And just in the nick of time to help the PR on the financial regulations bill!

Definitive (confirmation that the Dems are in a heap of trouble): “Republican candidates now hold a 10-point lead over Democrats in the latest edition of the Generic Congressional Ballot, tying the GOP’s high for the year recorded the second week in March and their biggest lead in nearly three years of weekly tracking.”

Frightening but not surprising: “It may be too late to stop Iran developing a nuclear weapon, a former senior US defence official has warned. The official, who has long experience with several US administrations, said President Obama had waited too long to take tough action against Tehran. ‘Fifteen months into his administration, Iran has faced no significant consequences for continuing with its uranium-enrichment programme, despite two deadlines set by Obama, which came and went without anything happening,’ the former official, who was speaking on condition of anonymity, told The Times. ‘Now it may be too late to stop Iran from becoming nuclear-capable.’”

Gutsy: “After being stonewalled by the Obama administration for five months, Senators Joe Lieberman, I-Conn., and Susan Collins, R-Me, issued subpoenas Monday to Defense Secretary Robert Gates and Attorney General Eric Holder for a list of witnesses and documents regarding the Nov. 5, 2009 Fort Hood massacre.”

Irrelevant: “Mitt Romney continues to look like the early front-runner for the GOP presidential nomination in 2012. A Public Policy Polling (D) survey shows Romney leading former Alaska Gov. Sarah Palin and former Arkansas Gov. Mike Huckabee in every region except the South, where Huckabee uses his home-field advantage to lead the field.” Ask Rudy Giuliani what early polls mean.

Depressing: “Both left and right [in Israel] are troubled, and both largely about the same things, especially the Iranian nuclear program combined with growing tensions with the Obama administration. ‘There is a confluence of two very worrying events,’ said Michael Freund, a rightist columnist for The Jerusalem Post in a telephone interview. ‘One is the Iranian threat, an existential threat. Add to that the fact that for the first time in recent memory there is a president in the White House who is not overly sensitive to the Jewish state and its interests. You put the two together and it will affect anyone’s mood, even an optimist like me.” Overly? Not at all.

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Flotsam and Jetsam

Not content to lose just Massachusetts, key Democrats want to keep at ObamaCare negotiations: “There is a still sizable contingent of Democrats who continue to believe failure is not an option, even though their voices have been softer since the Senate loss in Massachusetts. Obama, Pelosi and Reid, by all accounts, still agree with this thinking and remain sincerely committed to pushing ahead. Most Democrats have already voted for the bill, making them more invested in finishing the job than their counterparts were in 1994.”

No, honest: “President Obama’s campaign to overhaul the nation’s healthcare system is officially on the back burner as Democrats turn to the task of stimulating job growth, but behind the scenes party leaders have nearly settled on a strategy to salvage the massive legislation. They are meeting almost daily to plot legislative moves while gently persuading skittish rank-and-file lawmakers to back a sweeping bill.” They would be skittish, of course, because  two-thirds of the country hates the legislation.

But you can understand that Democrats want to run on something other than failure: “The $700 billion bailout program for the financial industry has so far done little to boost bank lending, aid small businesses or reduce home foreclosures, a top government watchdog said in a report. Neil Barofsky, the special inspector general over the Troubled Asset Relief Program (TARP), said in a report that while the bailout has helped stabilize the financial system, many of the program’s original goals have not been met.”

And they probably don’t want to run on their fiscal management because: “the White House expects the annual gap between spending and revenue to approach a record $1.6 trillion this year as the government continues to dig out from the worst recession in more than a generation, according to congressional sources. The red ink would recede to $1.3 trillion in 2011, but remain persistently high for years to come under Obama’s policies.” Yes, the spending “freeze” is really just for show.

And their good-government pledges are nothing to brag about: “The recent awarding of a lucrative federal contract to a company owned by a financial contributor to the Obama presidential campaign — without competitive bidding — ‘violated’ President Obama’s many campaign pledges to crack down on the practice, a top State Department official told Fox News.”

Seems the voters don’t think Obama gets a B+: “Just 19% of voters nationwide believe that President Obama achieved most of his goals during his first year in office. A new Rasmussen Reports national telephone survey finds that 70% hold the opposite view and say he did not accomplish those goals.”

Former CIA director Michael Hayden has convinced Diane Ravitch of Brookings: “I realized that Eric Holder has misplaced priorities. He Mirandizes suspected terrorists (alleged terrorists, that is), and vigorously pursues CIA agents. Holder should go.”

Conservatives should give the president some credit: “It took a year, but one bright spot in President Obama’s State of the Union was that he bothered to say nice things about trade. ‘We have to seek new markets aggressively, just as our competitors are,’ he said. ‘If America sits on the sidelines while other nations sign trade deals, we will lose the chance to create jobs on our shores.’” Now let’s see if Obama’s party will move trade deals through Congress.

Not content to lose just Massachusetts, key Democrats want to keep at ObamaCare negotiations: “There is a still sizable contingent of Democrats who continue to believe failure is not an option, even though their voices have been softer since the Senate loss in Massachusetts. Obama, Pelosi and Reid, by all accounts, still agree with this thinking and remain sincerely committed to pushing ahead. Most Democrats have already voted for the bill, making them more invested in finishing the job than their counterparts were in 1994.”

No, honest: “President Obama’s campaign to overhaul the nation’s healthcare system is officially on the back burner as Democrats turn to the task of stimulating job growth, but behind the scenes party leaders have nearly settled on a strategy to salvage the massive legislation. They are meeting almost daily to plot legislative moves while gently persuading skittish rank-and-file lawmakers to back a sweeping bill.” They would be skittish, of course, because  two-thirds of the country hates the legislation.

But you can understand that Democrats want to run on something other than failure: “The $700 billion bailout program for the financial industry has so far done little to boost bank lending, aid small businesses or reduce home foreclosures, a top government watchdog said in a report. Neil Barofsky, the special inspector general over the Troubled Asset Relief Program (TARP), said in a report that while the bailout has helped stabilize the financial system, many of the program’s original goals have not been met.”

And they probably don’t want to run on their fiscal management because: “the White House expects the annual gap between spending and revenue to approach a record $1.6 trillion this year as the government continues to dig out from the worst recession in more than a generation, according to congressional sources. The red ink would recede to $1.3 trillion in 2011, but remain persistently high for years to come under Obama’s policies.” Yes, the spending “freeze” is really just for show.

And their good-government pledges are nothing to brag about: “The recent awarding of a lucrative federal contract to a company owned by a financial contributor to the Obama presidential campaign — without competitive bidding — ‘violated’ President Obama’s many campaign pledges to crack down on the practice, a top State Department official told Fox News.”

Seems the voters don’t think Obama gets a B+: “Just 19% of voters nationwide believe that President Obama achieved most of his goals during his first year in office. A new Rasmussen Reports national telephone survey finds that 70% hold the opposite view and say he did not accomplish those goals.”

Former CIA director Michael Hayden has convinced Diane Ravitch of Brookings: “I realized that Eric Holder has misplaced priorities. He Mirandizes suspected terrorists (alleged terrorists, that is), and vigorously pursues CIA agents. Holder should go.”

Conservatives should give the president some credit: “It took a year, but one bright spot in President Obama’s State of the Union was that he bothered to say nice things about trade. ‘We have to seek new markets aggressively, just as our competitors are,’ he said. ‘If America sits on the sidelines while other nations sign trade deals, we will lose the chance to create jobs on our shores.’” Now let’s see if Obama’s party will move trade deals through Congress.

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Flotsam and Jetsam

Obama tells us that we are “bearing witness”? Hard to see how that differs from enabling a murderous regime to avoid scrutiny: “At the height of Iran’s bloody civil unrest this year, a young doctor named Ramin Pourandarjani defied his superiors. He refused to sign death certificates at a Tehran prison that he said were falsified to cover up murder. He testified to a parliamentary committee that jailers were torturing and raping protesters, his family says. He told friends and family he feared for his life. And on Nov. 10, the 26-year-old doctor was found dead in the military clinic where he lived and worked.” 

The editorially liberal Seattle Times says “no” to ObamaCare: “The public option is in then out; the Medicare buy-in for 55-year-olds is in, then out. When the congressional dance stops, the Senate may have 60 votes, but for what? It will satisfy neither Obama’s frugal promise nor progressives’ lavish hopes. Already the Democratic Party’s former chairman, Howard Dean, says the bill is not worth passing in this form.”

You can see why the Daily Kos kids feel betrayed: “Senate Democratic leaders say last-minute changes to the health care bill include giving nonprofit health insurance companies an exemption from the excise tax on insurers, a revision pushed by Sen. Carl Levin, who is a major recipient of campaign contributions form mega nonprofit Blue Cross Blue Shield.”

On the Right, they are mad too. I think he means Ben Nelson: “Sen. Tom Coburn (R-Oka.) said it is ‘absolutely fictitious’ that there is an anti-abortion provision in the Senate Democrats’ reworked healthcare reform bill. ‘The negotiations, whoever did them, threw unborn babies under the bus,’ Coburn said.” From Sen. Richard Burr: “You have to compliment Ben Nelson for playing the price is right. . This isn’t the Louisiana Purchase. This is the Nebraska windfall.” Well, Nelson couldn’t have thought he’d keep his conservative supporters, right?

Huffington Post or National Review? “With unemployment at 10%, the idea that you can pass a bill whose only merit is that ‘liberals hate it’ just because the media will eat it up and print your talking points in the process is so cynical and short-sighted it’s hard to comprehend anyone would pursue it. It reflects a total insensitivity to the rage that is brewing on the popular front, which is manifest in every single poll out there.”

Headline from the Washington Post or Washington Times? “Health-care debate wearing on Democrats’ unity, popularity.”

Frank Rich or Rich Lowry? “Though the American left and right don’t agree on much, they are both now coalescing around the suspicion that Obama’s brilliant presidential campaign was as hollow as Tiger’s public image — a marketing scam designed to camouflage either his covert anti-American radicalism (as the right sees it) or spineless timidity (as the left sees it).”

James Carafano sums up the Obami’s spending priorities: “The White House priority is to push through a symbolic deal at Copenhagen which will justify spending hundreds-of-billions, cost up to two million American jobs and won’t actually really make us safe from the dangers of climate change…but they say we can’t afford spending two percent of the defense budget on missile defense which would provide real protection to a 13 trillion dollar economy.” Yup.

The Walpin scandal bubbles up to the surface of the mainstream media: “Congressional Republicans raised new concerns this week about the Obama administration’s firing of Gerald Walpin, who served as inspector general for the Corporation for National and Community Service. GOP lawmakers said White House visitors logs contradict statements made by the former chairman of CNCS, the agency that oversees AmeriCorps.”

Robert Wexler’s pro-Obami spin on the settlement-freeze debacle is too much even for Lestlie Gelb, who asks incredulously “So the Administration never asked Israel for freeze across the board — West Bank, East Jerusalem — on every and all kind of settlement activity?”

Kathleen Parker has figured out that Obama has a “grandiosity” problem, “an inflated self-confidence and a sense of power exceeding one’s means.” So he is reduced to passing a shlock health-care bill: “Thus, the man who was going to remain above the political fray has revealed himself as pluperfectly political, ready to settle for the very kind of mandate (without the public option) that he opposed as a candidate challenging Hillary Clinton. Rather than inspiring confidence, he has inspired a groundswell of disapproval and a populist uprising that may allow Republicans to clean House come November. In the meantime, left and right finally have discovered a common foe. Too bad for the country that his name is Obama.” And too bad so many pundits flacked for him during the campaign.

Obama tells us that we are “bearing witness”? Hard to see how that differs from enabling a murderous regime to avoid scrutiny: “At the height of Iran’s bloody civil unrest this year, a young doctor named Ramin Pourandarjani defied his superiors. He refused to sign death certificates at a Tehran prison that he said were falsified to cover up murder. He testified to a parliamentary committee that jailers were torturing and raping protesters, his family says. He told friends and family he feared for his life. And on Nov. 10, the 26-year-old doctor was found dead in the military clinic where he lived and worked.” 

The editorially liberal Seattle Times says “no” to ObamaCare: “The public option is in then out; the Medicare buy-in for 55-year-olds is in, then out. When the congressional dance stops, the Senate may have 60 votes, but for what? It will satisfy neither Obama’s frugal promise nor progressives’ lavish hopes. Already the Democratic Party’s former chairman, Howard Dean, says the bill is not worth passing in this form.”

You can see why the Daily Kos kids feel betrayed: “Senate Democratic leaders say last-minute changes to the health care bill include giving nonprofit health insurance companies an exemption from the excise tax on insurers, a revision pushed by Sen. Carl Levin, who is a major recipient of campaign contributions form mega nonprofit Blue Cross Blue Shield.”

On the Right, they are mad too. I think he means Ben Nelson: “Sen. Tom Coburn (R-Oka.) said it is ‘absolutely fictitious’ that there is an anti-abortion provision in the Senate Democrats’ reworked healthcare reform bill. ‘The negotiations, whoever did them, threw unborn babies under the bus,’ Coburn said.” From Sen. Richard Burr: “You have to compliment Ben Nelson for playing the price is right. . This isn’t the Louisiana Purchase. This is the Nebraska windfall.” Well, Nelson couldn’t have thought he’d keep his conservative supporters, right?

Huffington Post or National Review? “With unemployment at 10%, the idea that you can pass a bill whose only merit is that ‘liberals hate it’ just because the media will eat it up and print your talking points in the process is so cynical and short-sighted it’s hard to comprehend anyone would pursue it. It reflects a total insensitivity to the rage that is brewing on the popular front, which is manifest in every single poll out there.”

Headline from the Washington Post or Washington Times? “Health-care debate wearing on Democrats’ unity, popularity.”

Frank Rich or Rich Lowry? “Though the American left and right don’t agree on much, they are both now coalescing around the suspicion that Obama’s brilliant presidential campaign was as hollow as Tiger’s public image — a marketing scam designed to camouflage either his covert anti-American radicalism (as the right sees it) or spineless timidity (as the left sees it).”

James Carafano sums up the Obami’s spending priorities: “The White House priority is to push through a symbolic deal at Copenhagen which will justify spending hundreds-of-billions, cost up to two million American jobs and won’t actually really make us safe from the dangers of climate change…but they say we can’t afford spending two percent of the defense budget on missile defense which would provide real protection to a 13 trillion dollar economy.” Yup.

The Walpin scandal bubbles up to the surface of the mainstream media: “Congressional Republicans raised new concerns this week about the Obama administration’s firing of Gerald Walpin, who served as inspector general for the Corporation for National and Community Service. GOP lawmakers said White House visitors logs contradict statements made by the former chairman of CNCS, the agency that oversees AmeriCorps.”

Robert Wexler’s pro-Obami spin on the settlement-freeze debacle is too much even for Lestlie Gelb, who asks incredulously “So the Administration never asked Israel for freeze across the board — West Bank, East Jerusalem — on every and all kind of settlement activity?”

Kathleen Parker has figured out that Obama has a “grandiosity” problem, “an inflated self-confidence and a sense of power exceeding one’s means.” So he is reduced to passing a shlock health-care bill: “Thus, the man who was going to remain above the political fray has revealed himself as pluperfectly political, ready to settle for the very kind of mandate (without the public option) that he opposed as a candidate challenging Hillary Clinton. Rather than inspiring confidence, he has inspired a groundswell of disapproval and a populist uprising that may allow Republicans to clean House come November. In the meantime, left and right finally have discovered a common foe. Too bad for the country that his name is Obama.” And too bad so many pundits flacked for him during the campaign.

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Wolf Turns Up the Heat on Black Panther Case

Rep. Frank Wolf turned up the heat on the Justice Department yesterday, introducing a Resolution of Inquiry that recounts the degree to which the Justice Department has stonewalled on efforts to find out why a serious case of voter intimidation was dismissed. Wolf wants the attorney general to hand over to the House all information relating to the dismissal of the case United States v. New Black Panther Party, the egregious voter-intimidation case that was captured on videotape. Wolf ‘s resolution explains:

This case was inexplicably dismissed earlier this year — over the ardent objections of the career attorneys overseeing the case as well as the department’s own appeal office.  I regret that Congress must resort to oversight resolutions as a means to receive information about the dismissal of this case, but the Congress and the American people have a right to know why this case was not prosecuted.

As ranking Republican member of the House Commerce-Justice-Science Appropriations Subcommittee that funds the Justice Department, I take oversight of the department very seriously. … Time and again over the last year, the department has stonewalled any effort to learn about the decision to dismiss this case. I have written Attorney General Holder on six occasions asking for an explanation for the dismissal of this case. To date, I have received no response from him.

Wolf recounts his efforts to get answers — from the DOJ inspector general, who passed the buck, to the Office of Professional Responsibility, supervised by the attorney general. He notes that he has written to OPR, but the office not only refused to share information but also provided an incomplete and inaccurate response from a legislative-affairs staff member. He also chides the inadequate congressional oversight of House Judiciary Chairman John Conyers and notes that the U.S. Commission on Civil Rights, also rebuffed, has been forced to resort to issuing subpoenas. Confirming press accounts, Wolf asserts that “the attorney general has instructed his department to ignore these subpoenas,” giving his employees the choice between obeying the law and complying with the attorney general’s obstruction, regardless of his standing as the nation’s chief law enforcer.

Wolf implores the House not to turn a “blind eye” to the attorney general’s obstruction. He also urges the attorney general to answer the commission’s inquiries. The resolution must be voted on by the Judiciary Committee and will likely be defeated in a party-line vote. But the issue is slowly and surely getting some visibility.

Perhaps more important, Wolf inserted in the appropriation bill for the Justice Department language that directs Justice to report back on the findings of the inquiry by the Office of Professional Responsibility and to advise Congress of its ensuing recommendations for action.

It seems as though the Obami’s plan to conceal the Black Panther case under the radar screen is being thwarted. As one Capitol Hill source told me of the Obama Justice Department, “They will HATE this … there is no dodging this now.” At the very least, we may find out why Obama political appointees subverted the efforts of career attorneys.

Rep. Frank Wolf turned up the heat on the Justice Department yesterday, introducing a Resolution of Inquiry that recounts the degree to which the Justice Department has stonewalled on efforts to find out why a serious case of voter intimidation was dismissed. Wolf wants the attorney general to hand over to the House all information relating to the dismissal of the case United States v. New Black Panther Party, the egregious voter-intimidation case that was captured on videotape. Wolf ‘s resolution explains:

This case was inexplicably dismissed earlier this year — over the ardent objections of the career attorneys overseeing the case as well as the department’s own appeal office.  I regret that Congress must resort to oversight resolutions as a means to receive information about the dismissal of this case, but the Congress and the American people have a right to know why this case was not prosecuted.

As ranking Republican member of the House Commerce-Justice-Science Appropriations Subcommittee that funds the Justice Department, I take oversight of the department very seriously. … Time and again over the last year, the department has stonewalled any effort to learn about the decision to dismiss this case. I have written Attorney General Holder on six occasions asking for an explanation for the dismissal of this case. To date, I have received no response from him.

Wolf recounts his efforts to get answers — from the DOJ inspector general, who passed the buck, to the Office of Professional Responsibility, supervised by the attorney general. He notes that he has written to OPR, but the office not only refused to share information but also provided an incomplete and inaccurate response from a legislative-affairs staff member. He also chides the inadequate congressional oversight of House Judiciary Chairman John Conyers and notes that the U.S. Commission on Civil Rights, also rebuffed, has been forced to resort to issuing subpoenas. Confirming press accounts, Wolf asserts that “the attorney general has instructed his department to ignore these subpoenas,” giving his employees the choice between obeying the law and complying with the attorney general’s obstruction, regardless of his standing as the nation’s chief law enforcer.

Wolf implores the House not to turn a “blind eye” to the attorney general’s obstruction. He also urges the attorney general to answer the commission’s inquiries. The resolution must be voted on by the Judiciary Committee and will likely be defeated in a party-line vote. But the issue is slowly and surely getting some visibility.

Perhaps more important, Wolf inserted in the appropriation bill for the Justice Department language that directs Justice to report back on the findings of the inquiry by the Office of Professional Responsibility and to advise Congress of its ensuing recommendations for action.

It seems as though the Obami’s plan to conceal the Black Panther case under the radar screen is being thwarted. As one Capitol Hill source told me of the Obama Justice Department, “They will HATE this … there is no dodging this now.” At the very least, we may find out why Obama political appointees subverted the efforts of career attorneys.

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Off With Libby’s Head?

When he is sentenced this coming Tuesday, Scooter Libby may be sent directly to jail. If so, this would be grossly unfair since he stands an excellent chance of having the verdict against him overturned on appeal. But it would also be the moment for President Bush to pardon him immediately.

Back in March, when he was convicted of perjury and obstruction of justice by a jury in federal court in Washington D.C., I explained why I thought the case “represents a terrible injustice.” The federal prosecutor, Patrick Fitzgerald, had insisted to both the public and the jury that the disclosure of the identity of the CIA operative Valerie Plame—which was the underlying action he had been appointed to investigate—was in fact a crime. But this was a point that had never been established or even formally alleged. Fitzgerald’s overreaching on this colored the jury’s thinking about the gravity of the issues at stake, suggested a motive for Libby to lie that did not reside in proved facts, and conflicted with the judge’s ruling that the case would not hinge on Plame’s status.

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When he is sentenced this coming Tuesday, Scooter Libby may be sent directly to jail. If so, this would be grossly unfair since he stands an excellent chance of having the verdict against him overturned on appeal. But it would also be the moment for President Bush to pardon him immediately.

Back in March, when he was convicted of perjury and obstruction of justice by a jury in federal court in Washington D.C., I explained why I thought the case “represents a terrible injustice.” The federal prosecutor, Patrick Fitzgerald, had insisted to both the public and the jury that the disclosure of the identity of the CIA operative Valerie Plame—which was the underlying action he had been appointed to investigate—was in fact a crime. But this was a point that had never been established or even formally alleged. Fitzgerald’s overreaching on this colored the jury’s thinking about the gravity of the issues at stake, suggested a motive for Libby to lie that did not reside in proved facts, and conflicted with the judge’s ruling that the case would not hinge on Plame’s status.

Now Fitzgerald has been back in court, arguing that when Libby is sentenced on Tuesday, the judge should throw the book at him precisely on the grounds that he committed the underlying crime-that-was-not-a-crime. Fitzgerald approvingly cites Judge David S. Tatel’s ruling in the Judith Miller case that “because the charges contemplated here relate to false denials of responsibility for Plame’s exposure, prosecuting perjury or false statements would be tantamount to punishing the leak.”

But this a vicious circle. Convicted on the basis of something that was never proved or even formally alleged, is Libby now to be punished on the same basis? With Fitzgerald continuing to overreach, the case for a presidential pardon is growing stronger by the day. If Libby is imprisoned, will Bush do the right thing?

Meanwhile, in closely related news, Senator Kit Bond of Missouri, the vice chairman of the Senate Intelligence Committee, wants Valerie Plame to be re-interviewed. Back in March, in a dispatch entitled Lying Liars and Their Lies, I asked whether Plame was under oath when she testified before the House Oversight and Government Reform Committee and declared that she played no role in sending her husband, Ambassador Joseph Wilson, on a fact-finding trip to Niger. “I did not recommend him. I did not suggest him. There was no nepotism involved. I did not have the authority,” she said.

Plame was under oath, and Senator Bond has pointed out that she has put out three separate versions of the circumstances under which her husband was sent to Niger. According to USA Today‘s summary, they are:

*She told the CIA’s inspector general in 2003 or 2004 that she had suggested Wilson.

*Plame told Senate Intelligence Committee staffers in 2004 that she couldn’t remember whether she had suggested Wilson.

*She told the House Oversight and Government Reform Committee in March that an unidentified person in Vice President Cheney’s office asked a CIA colleague about the African uranium report in February 2002. A third officer, overhearing Plame and the colleague discussing this, suggested, “Well, why don’t we send Joe?” Plame told the committee.

Which of these is the real story? Is Plame telling three versions of the truth, or is she a lying liar, or even worse, a perjuring perjurer? Bond would like to find out.

But the Intelligence Committee is now under the control of the Democrats who have no interest in calling attention to the antics of the Plame-Wilson provocateurs. Stay tuned, in other words, for the cover-up of the cover-up.  

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