An Inconvenient Memory
Sen. Leahy Once Believed in Staff Confidentiality
By Mark I Posted in Featured Stories | Liberals — Comments (37) / Email this page » / Leave a comment »
Today, as Attorney General Alberto Gonzales testifies before the Senate Judiciary Committee about his role in the firings of the Gonzales Eight—eight United States Attorneys dismissed by the Bush Administration in December of last year—new information has emerged that could be embarrassing for the chairman of the committee, Sen. Pat Leahy.
Gonzales has maintained that he had no substantive role in the selection of the US Attorneys to be fired, that all of the dismissals were for cause, and that they were not politically motivated. Democrats on the Senate Judiciary Committee, led by Leahy, have been doggedly pursuing information about the firings, authorizing subpoenas of Justice Department documents, and demanding to hear testimony from White House officials under oath in a public forum.
Read on...
Recently, Leahy has been exercised over last week’s admission by the White House that certain e-mails from Karl Rove have been lost. Democrats suspect that the e-mails may have had something to do with the selection of US Attorneys to be fired. On the Senate floor, Leahy was suspicious of the White House’s explanation for the deletion of the e-mails.
We’re learning that off-book communications are being used by these people in the White House by using Republican political e-mail addresses and they say they have not been preserved…I don’t believe that! You can’t erase e-mails, not today.
But Leahy hasn’t always believed that “off-book communications” should be subject to public scrutiny.
The “off-book communications” Leahy is referring to are e-mails sent and received by White House staff on e-mail accounts maintained by the Republican National Committee. The White House says that the RNC accounts are used for work on political campaigns and are not used for official public business. Leahy wants a look at those e-mails as part of his investigation into the firings, hoping he can find some information in there to prove wrongdoing on the part of Rove or some other high level Administration official. But back in 2004, Leahy was outraged when the “off-book communications” of Democratic Judiciary Committee staff were made public.
From 2002 to 2003, as the battle over judicial appointments was raging on the committee, Republican staffers discovered that their Democratic counterparts had left their internal communications in an unsecured folder on the committee’s computer system. Being political animals, the Republican staffers viewed the information and passed some of it along to sympathetic media sources. The documents accessed by Republican committee staff included memos, accounts of meetings, talking points, and letters between committee members and outside groups that detailed coordination between Democrats and interest groups on judicial nomination strategy. In one case, it was learned that Democrats on the committee had deliberately delayed a hearing for Sixth Circuit Court of Appeals nominee Julia Scott Gibbons until after the ruling by the Sixth Circuit in the landmark University of Michigan Affirmative Action case. The NAACP won its case and the ruling was eventually upheld by the Supreme Court, at least in part because Democrats obstructed a nominee for the purpose of preventing her participation in judging the case.
Leahy, and the other Democrats on the committee were outraged that their internal coordination and strategy documents had been viewed and leaked to the press. They were so outraged, in fact, that they were willing to make arguments against such activity that they categorically reject today when made by the White House. Sen. Leahy released a statement on March 4, 2004, on the occasion of the release of the report of Senate Sergeant-at-Arms, William Pickle, who had investigated the entire matter. In that statement, Leahy affirms the White House argument that staff advice should be confidential, not subject to public scrutiny, and that work on private computer systems carries with it an expectation of privacy.
What we do know is that all Members of this Committee thought their computer files were confidential. We do know that the confidentiality of our computer files was breached. […]
All Members of the Senate rely on the confidential reports and advice of their staff. The Senate could not fully operate in this modern world without being able to rely on our staff’s research and analysis, which is now often prepared electronically, over computer systems under the control of the Sergeant at Arms. That expectation of privacy was clearly expressed by Republican and Democratic Members of this Committee in our brief discussions over the last couple of weeks. (my emphasis)
Senator Leahy believes that Democrats’ “off-book communications” with outside interest groups for the purpose of political coordination should be private and hidden away from the public eye, even when it results in blatantly illegal and unethical activity such as occurred in the case of nominee Gibbons. Karl Rove’s e-mails, which may or may not be connected to a case in which there is absolutely no indication of any wrongdoing are another matter entirely. Leahy does not extend the same courtesy and expectation of privacy that he demands for his party’s unethical communications to the ethical communications of others.
So today, Alberto Gonzales will be foisted on the petard of his own incompetence in the handling of the so-called US Attorney scandal before Leahy and the Senate Judiciary Committee. He will not be the last target, however. Senate Democrats are hunting for Karl Rove’s scalp. In so doing they are abandoning any pretense of intellectual honesty and common decency. One hopes that Sen. Leahy’s words from 2004, as they relate directly to his sham investigation today, will come back to bite him very soon.
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An Inconvenient Memory 37 Comments (0 topical, 37 editorial, 0 hidden) Post a comment »
...that the Democrats run on a program of cleaner government and less corruption, you will not be able to say that no-one ever told you that they lied.
The Fuzzy Puppy of the VRWC.
They just hoped that they wouldn't be as big of sleazebags.
After all, it does take time to build corrupt relationships with lobbyists.
I think they were corrupt sleazebags who do anything to stay in power until their thirst for power consumed them.
Any other questions?
you've been elected or appointed to "build ... relationships" with lobbyists; they go looking for you. It is up to you whether that relationship is corrupt. If you hold power in government, you WILL be in contact with lobbyists and players some of whom are corrupt and almost all of whom are corrupting.
Unfortunately, Republicans are pretty hamfisted about their corruption; if Cunningham had been a Democrat, he'd have set himself up a bunch of nice non-profits with very hard to figure out interlocking managements and directors and really good accountants then just sat there and quietly pitched money to them to do this or that or study something or another. Then one day you'd just look around and he'd just be another millionaire Democrat congressman and nobody would think to ask just how he got to be so rich. Instead, he just stupidly took the bribes, too dumb to understand that the very lobbyists that were bribing him would be the first to rat him off if somebody made them a better offer.
In Vino Veritas
With his extensive experience in this area, Jack M.(or one of his front companies)could write the tech manual.
"Is the lesson here that since Democrats are sleazebags, its ok for Republicans?"
That's the theme in these parts
You wouldn't know a sleazebag if it crawled up your pants and bit you on your nether parts.
We don't defend crooks. We defend the right of the executive branch to have confidential conversations about executive branch activities.
You defend leftist idiots who blatantly discuss blocking judicial appointments by the executive branch in order to fleece more money or votes out of some lobbyist. Hardly comparable.
Idiot.
I meant what I said and I said what I meant. An elephant's faithful 100 percent.
You shouldn't call people stupid. Even when they persist in not listening to site moderators.
The Fuzzy Puppy of the VRWC.
I can only try. Some people just push me past nice into Tbone territory.
Sorry. I'll go back to trying again.
I meant what I said and I said what I meant. An elephant's faithful 100 percent.
You have to admit I'm right! :)
I meant what I said and I said what I meant. An elephant's faithful 100 percent.
"...and each wasted evening is
a gross violation against the
natural course of your only life;"
-Charles Buckowski
Let me ask you specifically about the e-mails Waxman wants from the RNC that are related to the meeting in which Lurita Doan from the GSA briefed 40 GSA staffers about how to help Republican candidates win the '06 elections.
Is it ok or not, in your opinion to hand over these politically-related emails related to an action that violates the Hatch Act? (The Hatch Act prohibits partisan campaign activities on federal property.).
Using your methodology, it would be ok, because these e-mails are not related to executive matters.
It was long ago and I wasn't far enough up the food chain for it to matter much, so I don't know the fed's Hatch Act and ethics rules very well, but I'm pretty familiar with their state law analogs.
At some level in the org structure, almost every decision and action will have political overtones or be directly political; that is why you distinguish non-appointee or merit system employees from appointees. Any appointee should know how to reward friends and punish enemies and to avoid feeding hands that bite the administration. Any appointee who's any good at it knows how to do it legally.
Using a GSA-like example; if I'm head of procurement for a new Republican administration, I'm going to find a cohort of providers who are either Democrats or have cozied up to the Democrats while they were in office. This takes the form of all sorts of subtle things in the way RFPs and other bidding documents are structured so that really doing business with the government becomes limited to those with the connections to make sure that the bid comes their way. If it is a construction project all you have to do is say there'll be a union project labor agreement to ensure that no non-union, usually Republican leaning, contractors need apply. Now I can be stupid and call my contract officers in and tell them I want the contracts to go to Republicans and I want every bidder's contibutions checked as a part of the award process, or I can call my contracting officers in and tell them I want a larger universe of potential bidders and I want all "unnecessary restrictions" on bidder qualifications removed, e.g., union shop, project labor agreement, resident preference, minority preference beyond that required by law, non-profit bidder only, a Democrat favorite, etc. As an appointee, I can assure you that I would know who those bidders were giving money to, but I wouldn't be asking my merit system employees to do anything illegal by expanding the bidder pool.
There are few bright lines in this; certainly using the government to directly aid a party or candidate is illegal, but beyond that, it is all shades of gray and it really just depends on who's asking, who the press is after, and who controls any reviewing body, e.g., legislature, IG, AG, board or commission.
I've watched Democrat governments run campaigns on government time and equipment and fly half the government around on what were nothing more than campaign trips. They get away with it because in the press' eyes, they're good people and nobody ever questions it. If the Rs want to do something about it, they have to find a way to bring criminal charges against them, a noisy, expensive, and time consuming process. Also, a lot of Rs are constrained by the foolish notion that if you don't do it to them, they won't do it to you. Be assured that they will do it to you and won't think twice about the inherent hypocrisy. The big advantage the Ds have here is that they were in power so long that they have legalized most of the ways they funnel money to their political constituencies. For example, they have what is nothing more than a shadow government of non-profits to which they can flip almost any government function and the money that goes with it and stand up and say they're contributing to government efficiency by "privatizing" the work. Of course, that non-profit provider knows very well who he's expect to pitch some money to, and he doesn't even have to be asked or told.
In Vino Veritas
I have that phrase ("Bored now.") hardwired into my brain to the episode of Buffy the Vampire Slayer with evil vampire Willow saying that, so now I'm stuck with the mental image of Moe Lane in the outfit that she was in in that episode.
If you've seen it you know exactly what I'm talking about.
---
Internet member since 1987
Member of the Surreality-Based Community
I haven't seen the outfit. I haven't seen Moe Lane.
But I can still picture it in my mind.
Harry Reid on Iraq: “I say we’ve lost. Let’s bring our boys home in, oh, say 18 months. In the meantime, no more funding for them.”
Taking these files without a subpoena is not the same as handing subpoenaed e-mails.
The link you gave us about Leahy's 2004 statement makes it clear that All members of the committee thought these files were confidential, and this includes Senator Orrin Hatch and Graham (both Republicans).
An analogy cannot be useful if we compare stolen files with subpoenaed files.
A subpoenaed RNC document no longer confidential, obviously, since there is a legal mandate to hand them in.
Congress doesn't have any more authority to demand confidential Executive branch documents than the Executive branch has the authority to demand transcripts of closed sessions of Congress.
It's called separation of powers.
---
Internet member since 1987
Member of the Surreality-Based Community
You introduced a whole different issue. The White House demand was related to Rove and Miers testifying. Not to handing over RNC emails.
I beleive Congress has the right to subpoena executive branch materials if there's a reasonable beleif that a crime has been committed (probable cause).
Clearly, congress now considers "governing while Republican" to be a crime.
was the RNC part of the Executive branch?
"Patriotism is supporting your country all the time, and your government when it deserves it." -Mark Twain
... "gate" in common usage in political commentary.
It is now "an inconvenient (fill in the blank)" where everything used to be "(fill in the blank)gate"
---------------------------------------------
"When you don't know where you are, but you don't care, you're not lost, you're exploring!"
"Inconvenient X" is too...inconvenient, and it's not really about scandal, but something's got to crash the "gate". We've allowed Boomers to recycle that disposable since 1974. It should have died like "Kerfuffle".
is one of the big mistakes of this Administration.
You write (boldfaced emphasis added):
Senator Leahy believes that Democrats’ 'off-book communications' with outside interest groups for the purpose of political coordination should be private and hidden away from the public eye, even when it results in blatantly illegal and unethical activity such as occurred in the case of nominee Gibbons.
As unethical, blatantly or otherwise, as what Senator Leahy, his staff and cronies were doing (with respect to judicial nominees) may have been, there was no evidence of anything illegal (or, sadly, even unusual) about their conduct. Under such circumstances, they had a right to expect their communications to remain confidential. (It was also up to them to ensure the proper level of security for their computer files, which they did not do. They, therefore, suffered predictable consequences. No tears shed here.)
On the other hand, when Attorney General Gonzales and his staff appeared on the Hill and testified under oath about the firings of the USA's, they, of course, were under a legal obligation - complete with the threat of a criminal charge of perjury - to tell the truth. It's also just good and expected practice, obviously, for one branch of the federal government - especially when it takes the form of the Department of Justice - not to lie to another. When evidence came to light due to congressional investigation and media reports that DOJ officials, including Gonzales, may not have in fact told the truth, under oath, about the circumstances of the USA terminations, about the extent to which political considerations played a role in the firings, the RNC e-mail, ever so needlessly and unfortunately, became fair game. Had A. G. Gonzales & Co. simply said, "We fired the eight of them for political reasons," there would be no valid legal grounds for a subpoena of the records of Karl Rove's (and others') electronic communications with, or via, the RNC. As it is, there are such grounds.
I'll start at the end.
Had A. G. Gonzales & Co. simply said, "We fired the eight of them for political reasons," there would be no valid legal grounds for a subpoena of the records of Karl Rove's (and others') electronic communications with, or via, the RNC.
There are no legal grounds for any of the subpoenas issued to the White House (note, I did not say DoJ) in this case due to separation of powers. Congress does not have the right to internal deliberative documents from the Executive Branch as they relate to the communications between the White House and the various government departments. Yet, subpoenas were issued anyway. The Democrats were intent on blowing this up as part of their "accountability" tour. They would've done so even more if the AG claimed political reasons for the dismissals.
When evidence came to light due to congressional investigation and media reports that DOJ officials, including Gonzales, may not have in fact told the truth, under oath, about the circumstances of the USA terminations, about the extent to which political considerations played a role in the firings, the RNC e-mail, ever so needlessly and unfortunately, became fair game.
Gonzales and co. are not accused of misleading the committee about the extent to which political considerations played a role in the firings. They are accused of being misleading about the extent to which the AG was involved in the process. Specifically, Democrats are comparing his public statements on record at the committee to his public statements to the press. So far, the only actual evidence available shows that the AG attended exactly one meeting at which the matter was discussed, and that took place after the plan was submitted to the WH for approval. Hardly a substantive role in a process that took two years to reach a conclusion.
As unethical, blatantly or otherwise, as what Senator Leahy, his staff and cronies were doing (with respect to judicial nominees) may have been, there was no evidence of anything illegal (or, sadly, even unusual) about their conduct.
There was every indication of illegal activity. NAACP supports the Democrats, ideologically and financially. Here are Senators, doing the bidding of one of their biggest constituent groups, when they are supposed to be carrying out their sacred Constitutional responsibility of advice and consent. This was coordinated strategy between elected officials and an interest group to protect an issue on which the interest group raises money and on which the interest group bases its political contribution decisions for the potential financial benefit of both. There was at least the basis for an investigation into this activity. If it was revealed that Senate Republicans were holding up a Democrat nominee from the DC Circuit so that the DC gun ban could be overturned, there would be wailing and gnashing of teeth, no matter how the activity was discovered.
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Develop alternatives to existing policies and keep them alive and available until the politically impossible becomes the politically inevitable. Milton Friedman
POINT #1
Congress does not have the right to internal deliberative documents from the Executive Branch as they relate to the communications between the White House and the various government departments.
Au contraire. Executive privilege (what I think you are talking about) applies, under the most generous of interpretations, only to advice and consultation received by the president himself. That's it. White House staff, like Karl Rove, do not enjoy any such protection, are not covered by executive privilege, to the extent they are communicating with anyone other than the president (and BTW, many of Rove's communications were outside the Executive Branch, namely with the RNC).
The best Rove and his ilk can argue in court is that the request made by Congress is too broad and/or not germane to the investigation being undertaken by the legislative branch, that Leahy and the others are on a "fishing expedition." They may or may not make that argument, but I doubt it will fly given the abundant evidence that the firings were indeed carried out for politicial purposes. But as for your blanket assertion that "Congress does not have the right to internal deliberative documents from the Executive Branch as they relate to the communications between the White House and the various government departments," you are just plain wrong.
If Gonzales had said the firings were a consequence of politics, that the president simply no longer wished the USA's to serve in his administration, and left it at that, there would have been a hue and cry, but Congress would have much, much less of an argument that it should be allowed to see Karl Rove's e-mail. This gets back to a more fundamental point. If you want to replace political appointees - supposedly good Republicans who have political aspirations and egos in their own right - like that, you should line up new jobs for them so that they resign voluntarily and are taken care of. Bad things happen when you humiliate people by publicly firing them for crass political reasons and then, when pressed, falsely claim that the reason you did so was that they were incompetent. Both the DOJ's strategy and tactics in this regard were completely boneheaded!
POINT #2
Gonzales and co. are not accused of misleading the committee about the extent to which political considerations played a role in the firings. They are accused of being misleading about the extent to which the AG was involved in the process.
I have no idea where you are getting this formulation. Here's how The New York Times depicted the situation on April 13th: "The Democrats’ investigation into the political e-mail accounts grows directly out of the inquiry into the firing of the United States attorneys. When the Justice Department turned over documents to Congress, they showed that, contrary to the White House’s initial assertions, Mr. Rove and Harriet E. Miers, the former White House counsel, seemed to be involved in planning the dismissals." Congress has every right to be interested in (and to subpoena documents related to) such matters especially if there is strong evidence it has been lied to.
POINT #3
There was every indication of illegal activity [with respect to Senator Leahy's conduct vis a vis judicial nominations].
Absolutely nothing you describe in the remainder of the paragraph after this statement amounts to a crime. Nothing. Period.
1) Okay, so the Congress has the right to see or subpoena the deliberative communications of White House staff, but not the actual advice they give to the president, huh?. How do you think that advice is formulated? Do staffers pick it out of the air? Do they pick it off the advice tree on the South Lawn? No, they discuss among themselves the issues at hand. And they discuss it with outside groups. They think it over, kick it back and forth, and eventually boil it down to a finished product for the boss. If Congress has access to the ingredients, then they have effective access to the finished product, which you contend it doesn't have access to. IANAL, but I respectfully submit that you are wrong in your interpretation.
2) Your original point on this was that Gonzales, "may not have in fact told the truth, under oath, about the circumstances of the USA terminations" I took you to be referring to his assertion that he played a limited role in the firings. Now you are arguing that the misleading information concerned Rove's and Miers's involvement. Which is it? As or Gonzales, I stand by my formulation. He has said that he played a small role in the firings and the available evidence backs that up.
3) Nothing you have described in any of your descriptions of this phony scandal thus far amounts to a crime either. I am not buying the perjury before Congress line, and we already know that it is perfectly legal for the president to fire every US Attorney for political reasons. The scenario I described has a helluva lot more indications of potential criminal activity in it than this so-called scandal does. Period.
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Develop alternatives to existing policies and keep them alive and available until the politically impossible becomes the politically inevitable. Milton Friedman
I will not debate the contours of executive privilege with you any further. However, I do believe you should take "the perjury before Congress line" a lot more seriously. It's very much for real (and it justifies many of the subpoenas Congress is thinking of dropping on the WH and the RNC).
Should we be surprised that Democrats are hypocrites? Should we be surprised when they base their opinions on whether its a Republican or Democrat idea?
This is nothing new.

Is the lesson here that since Democrats are sleazebags, its ok for Republicans?
Or is the lesson that we should ALWAYS be vigilant against letting the federal government get too big or trusting any of them too much?