CIA Ordered To Hand Over Information About Destroyed Torture Tapes

CIA, Dick Cheney, George Tenet, George W. Bush, Iraq, Jay Bybee, John Yoo, Raw Story, Steven Bradbury, Torture

John Byrne

THE RAW STORY

torture_719b2The Central Intelligence Agency must turn over records regarding detainee interrogation tapes the agency destroyed in an alleged effort to protect the identity of its officers.

A federal judge rejected the CIA’s attempt to withhold records relating to the agency’s destruction of 92 videotapes that depicted interrogation of CIA prisoners in a ruling Friday afternoon. The tapes were said to have shown some detainees’ torture.

The American Civil Liberties Union is suing for the documents’ release under the Freedom of Information Act, and aims to have the agency held in contempt of court for refusing to provide them.

The ACLU has been remarkably successful at obtaining previously secret government documents. President Barack Obama was recently forced to release Bush administration memos which outlined torture techniques to be employed on detainees.

ACLU staff attorney Amrit Singh lauded the court’s decision.

“We welcome the court’s recognition that the ACLU’s contempt motion against the CIA must be promptly resolved,” Singh said in a release. “Recent disclosures about the CIA’s torture methods further confirm that there is no basis for the agency to continue to withhold records relating to the content of the destroyed videotapes or documents that shed light upon who authorized their destruction and why.

“The public has a right to this information and the CIA must be held accountable for its flagrant disregard for the rule of law,” Singh added.

In a release, the civil liberties group noted “the CIA had previously said it would only turn over documents from August 2002 that relate to the content of the videotapes. But U.S. District Court Judge Alvin K. Hellerstein of the Southern District of New York today ordered the CIA to produce records from April through December 2002 that relate to the content of the tapes, as well as documents from April 2002 through June 2003 that related to the destruction of the tapes and information about the persons and reasons behind their destruction.”

“Judge Hellerstein also ordered the government to reconsider the extent of redactions it intends to make to the documents in light of last week’s release, also as part of the ACLU’s FOIA litigation, of four secret memos used by the Bush administration to justify torture,” the release adds. “In addition, the court ordered the government to explain whether contempt proceedings would interfere with a federal criminal investigation into the destruction of the tapes led by prosecutor John Durham.”

The Curious Case of Scooter Libby

Dick Cheney, Douglas Feith, Eliot Abrams, George W. Bush, Iraq, Joseph Wilson, Judith Miller, Matt Cooper, Meet The Press, Muhammed Atta, Neocons, New York Times, Prague Meeting, Robert Luskin, Scooter Libby, Think-Tanks, Tim Russert, Valerie Plame, Viveca Novak, Yellowcake Uranium

Obama Takes Bush Secrecy on Wiretaps and Doubles Down

Alberto Gonzales, Barack Obama, Dick Cheney, George W. Bush, Illegal Wiretapping, Justice Department, NSA

Government opts for secrecy in wiretap suit

Tuesday, April 7, 2009

(04-06) 15:26 PDT SAN FRANCISCO — The Obama administration is again invoking government secrecy in defending the Bush administration’s wiretapping program, this time against a lawsuit by AT&T customers who claim federal agents illegally intercepted their phone calls and gained access to their records.

Disclosure of the information sought by the customers, “which concerns how the United States seeks to detect and prevent terrorist attacks, would cause exceptionally grave harm to national security,” Justice Department lawyers said in papers filed Friday in San Francisco.

Kevin Bankston of the Electronic Frontier Foundation, a lawyer for the customers, said Monday the filing was disappointing in light of the Obama presidential campaign’s “unceasing criticism of Bush-era secrecy and promise for more transparency.”

In a 2006 lawsuit, the AT&T plaintiffs accused the company of allowing the National Security Agency to intercept calls and e-mails and inspect records of millions of customers without warrants or evidence of wrongdoing.

The suit followed President George W. Bush’s acknowledgement in 2005 that he had secretly authorized the NSA in 2001 to monitor messages between U.S. residents and suspected foreign terrorists without seeking court approval, as required by a 1978 law.

Congress passed a new law last summer permitting the surveillance after Bush allowed some court supervision, the extent of which has not been made public. The law also sought to grant immunity to AT&T and other telecommunications companies from suits by customers accusing them of helping the government spy on them.

Nearly 40 such suits from around the nation, all filed after Bush’s 2005 disclosure, have been transferred to San Francisco and are pending before Chief U.S. District Judge Vaughn Walker. He is now reviewing a constitutional challenge to last year’s immunity law, which the Obama administration is defending.

Walker is also considering a challenge to the surveillance program by the Al-Haramain Islamic Foundation, a now-defunct charity that was inadvertently given a government document in 2004, reportedly showing that its lawyers had been wiretapped during an investigation that landed the group on the government’s terrorist list.

The Obama administration is also opposing that suit and has challenged Walker’s order to let Al-Haramain’s lawyers examine the still-classified surveillance document.

The administration’s new filing asks Walker to dismiss a second suit filed in September by AT&T customers that sought to sidestep the telecommunications immunity law by naming only the government, Bush and other top officials as defendants.

Like the earlier suit, the September case relies on a former AT&T technician’s declaration that he saw equipment installed at the company’s San Francisco office to allow NSA agents to copy all incoming e-mails. The plaintiffs’ lawyers say the declaration, and public statements by government officials, revealed a “dragnet” surveillance program that indiscriminately scooped up messages and customer records.

The Justice Department said Friday that government agents monitored only communications in which “a participant was reasonably believed to be associated with al Qaeda or an affiliated terrorist organization.” But proving that the surveillance program did not sweep in ordinary phone customers would require “disclosure of highly classified NSA intelligence sources and methods,” the department said.

Individual customers cannot show their messages were intercepted, and thus have no right to sue, because all such information is secret, government lawyers said. They also said disclosure of whether AT&T took part in the program would tell the nation’s enemies “which channels of communication may or may not be secure.”

E-mail Bob Egelko at begelko@sfchronicle.com.

Karl Rove Discusses His Second Subpoena From House Judiciary Committee

David Iglesias, Dick Cheney, Don Siegelman, George W. Bush, Justice Department, Karl Rove

Karl Rove Discusses His Second Subpoena From House Judiciary Committee

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Colin Powell's Chief of Staff Lawrence Wilkerson Reveals the Truth About Gitmo and Graib

Abu Graib, AEI, Al Qaeda, Colin Powell, Condoleeza Rice, David Addington, David Wurmser, Dick Cheney, Donald Rumsfeld, Douglas Feith, Elliot Abrams, Guantanamo, Iran, Iraq, John Negroponte, Lawrence Wilkerson, Military Industrial Complex, Neocons, Paul Wolfowitz, Richard Perle, Think-Tanks

Dick Cheney is a man of principles. Disastrous principles

Alan Greenspan, Ben Bernanke, Bin Laden, Cheney Energy Task Force, Condoleezza Rice, Dick Cheney, Donald Rumsfeld, George W. Bush, Gerald Ford, Iraq, John Snow, Karl Rove, Larry Lindsey, Molly Tully, National Economic Council, Office of Homeland Security, Paul O'Neill, Saddam Hussein, Scooter Libby, Torture, U.N., Wyoming

VICE GRIP

THE WASHINGTON MONTHLY :: FEB/MARCH 2003

JOSHUA MICAH MARSHALL

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Early last December, Vice President Dick Cheney was dispatched to inform his old friend, Treasury Secretary Paul O’Neill, that he was being let go. O’Neill, the president’s advisers felt, had made too many missteps, given too much bad advice, uttered too many gaffes. He had become a liability to the administration. As Cheney himself once said in a different context, it was time for him to go. It couldn’t have been a fun conversation–especially since it was Cheney who had picked O’Neill two years earlier.
O’Neill stormed off to Pittsburgh and within days the White House had announced his replacement. Yet the new treasury secretary nominee turned out not to be much of an improvement. Like O’Neill, John Snow was a veteran of the Ford administration who ran an old-economy titan (the railroad firm CSX) and seemed to lack the global market financial experience demanded of modern day treasury secretaries. Like other Bush appointees, Snow came from a business that traded heavily on the Washington influence game. And–again typical of the president and his men–the size of Snow’s compensation package seemed inversely proportional to the returns he made for his shareholders. Of the three new members of the president’s economic team nominated in early December, Snow was the only one to get almost universally poor reviews. He was also Dick Cheney’s pick.

Week after week, one need only read the front page of The Washington Post to find similar Cheney lapses. Indeed, just a few days after Cheney hand-picked Snow, Newsweek magazine featured a glowing profile of National Security Adviser Condoleezza Rice that began with an anecdote detailing her deft efforts to clean up another Cheney mess. In a July speech, the vice president had argued that weapons inspections in Iraq were useless and shouldn’t even be tried. That speech nearly upended the administration’s careful late-summer repositioning in favor of a new United Nations-backed inspections program. As the article explained, Rice–the relatively junior member of the president’s inner circle of foreign policy advisers–had to take the vice president aside and walk him through how to repair the damage he’d done, with a new statement implicitly retracting his earlier gaffe. Such mistakes–on energy policy, homeland security, corporate reform–abound. Indeed, on almost any issue, it’s usually a sure bet that if Cheney has lined up on one side, the opposite course will turn out to be the wiser.

Yet somehow, in Washington’s collective mind, Cheney’s numerous stumbles and missteps have not displaced the reputation he enjoys as a sober, reliable, skilled inside player. Even the Newsweek article, so eager to convey Rice’s competence, seemed never to explicitly note the obvious subtext: Cheney’s evident incompetence. If there were any justice or logic in this administration as to who should or shouldn’t keep their job, there’d be another high-ranking official in line for one of those awkward conversations: Dick Cheney.

Overruling Dick

Consider the evidence. Last year, Cheney’s White House energy task force produced an all-drilling-and-no-conservation plan that failed not just on policy grounds but as a political matter as well, saddling the administration with a year-long public relations headache after Cheney insisted on running his outfit with a near-Nixonian level of secrecy. (To this day, Cheney and his aides have refused to provide the names of most of those industry executives who “advised” him on the task force’s recommendations, though a federal judge has now rejected the Government Accounting Office’s effort to make them do so.) During the spring of 2001, rather than back congressional efforts to implement the findings of the Hart-Rudman commission that called for forceful action to combat terrorism (including the creation of a department of homeland security), Cheney opted to spearhead his own group–not because he disagreed with the commission’s proposals, but to put the administration’s stamp on whatever anti-terrorism reforms did get adopted. Cheney’s security task force did nothing for four months, lurching into action only after terrorists actually attacked America on September 11. In the months that followed, Cheney was one of several key advisers arguing that the White House should keep Tom Ridge’s Office of Homeland Security within the White House rather than upgrade it to a cabinet department and thus open it to congressional scrutiny. Cheney’s obstinacy ensured that the administration’s efforts were stuck in neutral for nearly eight months.

Cheney has not fared much better in the diplomatic arena. Last March, he went on a tour of Middle Eastern capitals to line up America’s allies for our war against Saddam. He returned a week later with the Arabs lining up behind Saddam and against us–a major embarrassment for the White House. Much of the success of the administration’s Iraq policy came only after it abandoned the strategy of unilateral action against Saddam, the strategy Cheney championed, to one of supporting a U.N. inspections regime–a necessary and successful course correction that Cheney resisted and almost halted. Indeed, broadly speaking, the evolution of White House Iraq policy might be described fairly as a slow process of overruling Dick Cheney.

And there’s more. Remember those corporate scandals that came close to crippling Bush? Last summer, White House advisers were pondering whether to back the sort of tough corporate accountability measures that Democrats and the press were demanding. The president was scheduled to deliver a big speech on Wall Street in early July. His advisers were divided. Some argued that strong reforms were at the least a political necessity. But Cheney, along with National Economic Council chair Larry Lindsey, opposed the idea, arguing that new restrictions on corporations would further weaken the economy. The president took Cheney’s advice, and gave a speech on Wall Street that recommended only mild and unspecific reforms. “He mentioned a lot of things in the speech that the Securities and Exchange Commission already does,” one non-plussed Wall Streeter told The Washington Post with a yawn. The day after the president’s speech, the Dow shed 282 points, the biggest single-day drop since the post-terrorist tailspin of Sept. 20. Within days the president was backpedaling and supporting what Cheney had said he shouldn’t. Lindsey got the boot later in the year. Cheney is still in the West Wing shaping economic policy.

Cartel Capitalists

Much of the reason Cheney so often calls things wrong–even on those business issues that would seem his area of expertise–can be traced to the culture in which he’s spent most of his professional life. Despite his CEO credentials and government experience, Dick Cheney has been surprisingly insulated from the political and financial marketplace. He began his career as a Nixon-administration functionary under Donald Rumsfeld. Later, he joined the Ford administration as a deputy assistant to the president before becoming White House chief of staff. From there he moved into elective office, but to the ultra-safe House seat from Wyoming, a post only slightly less shielded from the tides of American politics than were his posts in the Ford administration.

Cheney resigned his House seat in 1989 and moved back to the executive branch where he belonged, serving–with distinction–as defense secretary under the first President Bush. From there he moved to the corporate suite at Halliburton, where he eventually earned tens of millions of dollars. But Halliburton is a peculiar kind of enterprise. It doesn’t market shoes or design software. Rather, its business–providing various products and services to the oil industry and the military–is based on securing lucrative contracts and concessions from a handful of big customers, primarily energy companies and the U.S. and foreign governments. Success in that business comes not by understanding and meeting the demands of millions of finicky customers, but by cementing relationships with and winning the support of a handful of powerful decision-makers.

Indeed, that’s why Halliburton came to Cheney in the first place. His ties with the Bush family, his post-Gulf War friendships with Arab emirs, and the Rolodex he’d compiled from a quarter century in Washington made him a perfect rainmaker. And though he did rather poorly on the management side–he shepherded Halliburton’s disastrous merger with Dresser Industries, which saddled the new company with massive asbestos liabilities–he handled the schmoozing part of the enterprise well.

Cheney is conservative, of course, but beneath his conservatism is something more important: a mindset rooted in his peculiar corporate-Washington-insider class. It is a world of men–very few women–who have been at the apex of both business and government, and who feel that they are unique in their mastery of both. Consequently, they have an extreme assurance in their own judgment about what is best for the country and how to achieve it. They see themselves as men of action. But their style of action is shaped by the government bureaucracies and cartel-like industries in which they have operated. In these institutions, a handful of top officials make the plans, and then the plans are carried out. Ba-da-bing. Ba-da-boom.

In such a framework all information is controlled tightly by the principals, who have “maximum flexibility” to carry out the plan. Because success is measured by securing the deal rather than by, say, pleasing millions of customers, there’s no need to open up the decision-making process. To do so, in fact, is seen as governing by committee. If there are other groups (shareholders, voters, congressional committees) who agree with you, fine, you use them. But anyone who doesn’t agree gets ignored or, if need be, crushed. Muscle it through and when the results are in, people will realize we were right is the underlying attitude.

The danger of this mindset is obvious. No single group of people has a monopoly on the truth. Whether it be plumbers, homemakers, or lobbyist bureaucrats, any group will inevitably see the world through its own narrow, mostly self-interested, prism. But few groups are so accustomed to self-dealing and self-aggrandizement as the cartel-capitalist class. And few are more used to equating their own self-interest with the interests of the country as a whole.

Not since the Whiz Kids of the Kennedy-Johnson years has Washington been led by men of such insular self-assurance. Their hierarchical, old economy style of management couldn’t be more different from the loose, non-hierarchical style of, say, high-tech corpor-ations or the Clinton White House, with all their open debate, concern with the interests of “stake-holders,” manic focus on pleasing customers (or voters), and constant reassessment of plans and principles. The latter style, while often sloppy and seemingly juvenile, tends to produce pretty smart policy. The former style, while appearing so adult and competent, often produces stupid policy.

Over time, people in the White House have certainly had to deal with enough examples of Cheney’s poor judgment. It’s fallen to the White House’s political arm, led by the poll-conscious Karl Rove, to rein in or overrule him. Yet the vice president has apparently lost little stature within the White House. That may be because his get-it-done-and-ignore-the-nay-sayers attitude is one that others in the administration share. Cheney stands up for the cartel-capitalist principles they admire. He is right, in a sense, even when he’s wrong.

Why, though, has the press failed to grasp Cheney’s ineptitude? The answer seems to lie in the power of political assumptions. The historian of science Thomas Kuhn famously observed that scientific theories or “paradigms”–Newtonian physics, for instance–could accommodate vast amounts of contradictory evidence while still maintaining a grip on intelligent people’s minds. Such theories tend to give way not incrementally, as new and conflicting data slowly accumulates, but in sudden crashes, when a better theory comes along that explains the anomalous facts. Washington conventional wisdom works in a similar way. It doesn’t take long for a given politician to get pegged with his or her own brief story line. And those facts and stories that get attention tend to be those that conform to the established narrative. In much the same way, Cheney’s reputation as the steady hand at the helm of the Bush administration–the CEO to Bush’s chairman–is so potent as to blind Beltway commentators to the examples of vice presidential incompetence accumulating, literally, under their noses. Though far less egregious, Cheney’s bad judgment is akin to Trent Lott’s ugly history on race: Everyone sort of knew it was there, only no one ever really took notice until it was pointed out in a way that was difficult to ignore. Cheney is lucky; as vice president, he can’t be fired. But his terrible judgment will, at some point, become impossible even for the Beltway crowd not to see.

Joshua Micah Marshall, author of the Talking Points Memo, is a Washington Monthly contributing writer.

The White Van: Were Israelis Detained on Sept. 11 Spies?

9/11, 9/11 Crime Investigation, Bin Laden, Dick Cheney, George W. Bush, Israel, Manhattan, Mossad, New York City, Saudi Arabia, Twin Towers, WTC, wtc7

Were Israelis Detained on Sept. 11 Spies?

June 21 —2002

05_Flatbed_1 - MARCH

Millions saw the horrific images of the World Trade Center attacks, and those who saw them won’t forget them. But a New Jersey homemaker saw something that morning that prompted an investigation into five young Israelis and their possible connection to Israeli intelligence.

Maria, who asked us not to use her last name, had a view of the World Trade Center from her New Jersey apartment building. She remembers a neighbor calling her shortly after the first plane hit the towers.

She grabbed her binoculars and watched the destruction unfolding in lower Manhattan. But as she watched the disaster, something else caught her eye.

Maria says she saw three young men kneeling on the roof of a white van in the parking lot of her apartment building. “They seemed to be taking a movie,” Maria said.

The men were taking video or photos of themselves with the World Trade Center burning in the background, she said. What struck Maria were the expressions on the men’s faces. “They were like happy, you know … They didn’t look shocked to me. I thought it was very strange,” she said.

She found the behavior so suspicious that she wrote down the license plate number of the van and called the police. Before long, the FBI was also on the scene, and a statewide bulletin was issued on the van.

The plate number was traced to a van owned by a company called Urban Moving. Around 4 p.m. on Sept. 11, the van was spotted on a service road off Route 3, near New Jersey’s Giants Stadium. A police officer pulled the van over, finding five men, between 22 and 27 years old, in the vehicle. The men were taken out of the van at gunpoint and handcuffed by police.

The arresting officers said they saw a lot that aroused their suspicion about the men. One of the passengers had $4,700 in cash hidden in his sock. Another was carrying two foreign passports. A box cutter was found in the van. But perhaps the biggest surprise for the officers came when the five men identified themselves as Israeli citizens.

‘We Are Not Your Problem’

According to the police report, one of the passengers told the officers they had been on the West Side Highway in Manhattan “during the incident” — referring to the World Trade Center attack. The driver of the van, Sivan Kurzberg, told the officers, “We are Israeli. We are not your problem. Your problems are our problems. The Palestinians are the problem.” The other passengers were his brother Paul Kurzberg, Yaron Shmuel, Oded Ellner and Omer Marmari.

When the men were transferred to jail, the case was transferred out of the FBI’s Criminal Division, and into the bureau’s Foreign Counterintelligence Section, which is responsible for espionage cases, ABCNEWS has learned.

One reason for the shift, sources told ABCNEWS, was that the FBI believed Urban Moving may have been providing cover for an Israeli intelligence operation.

After the five men were arrested, the FBI got a warrant and searched Urban Moving’s Weehawken, N.J., offices.

The FBI searched Urban Moving’s offices for several hours, removing boxes of documents and a dozen computer hard drives. The FBI also questioned Urban Moving’s owner. His attorney insists that his client answered all of the FBI’s questions. But when FBI agents tried to interview him again a few days later, he was gone.

Three months later 2020’s cameras photographed the inside of Urban Moving, and it looked as if the business had been shut down in a big hurry. Cell phones were lying around; office phones were still connected; and the property of dozens of clients remained in the warehouse.

The owner had also cleared out of his New Jersey home, put it up for sale and returned with his family to Israel.

‘A Scary Situation’

Steven Gordon, the attorney for the five Israeli detainees, acknowledged that his clients’ actions on Sept. 11 would easily have aroused suspicions. “You got a group of guys that are taking pictures, on top of a roof, of the World Trade Center. They’re speaking in a foreign language. They got two passports on ’em. One’s got a wad of cash on him, and they got box cutters. Now that’s a scary situation.”

But Gordon insisted that his clients were just five young men who had come to America for a vacation, ended up working for a moving company, and were taking pictures of the event.

The five Israelis were held at the Metropolitan Detention Center in Brooklyn, ostensibly for overstaying their tourist visas and working in the United States illegally. Two weeks after their arrest, an immigration judge ordered them to be deported. But sources told ABCNEWS that FBI and CIA officials in Washington put a hold on the case.

The five men were held in detention for more than two months. Some of them were placed in solitary confinement for 40 days, and some of them were given as many as seven lie-detector tests.

Plenty of Speculation

Since their arrest, plenty of speculation has swirled about the case, and what the five men were doing that morning. Eventually, The Forward, a respected Jewish newspaper in New York, reported the FBI concluded that two of the men were Israeli intelligence operatives.

Vince Cannistraro, a former chief of operations for counterterrorism with the CIA who is now a consultant for ABCNEWS, said federal authorities’ interest in the case was heightened when some of the men’s names were found in a search of a national intelligence database.

Israeli Intelligence Connection?

According to Cannistraro, many people in the U.S. intelligence community believed that some of the men arrested were working for Israeli intelligence. Cannistraro said there was speculation as to whether Urban Moving had been “set up or exploited for the purpose of launching an intelligence operation against radical Islamists in the area, particularly in the New Jersey-New York area.”

Under this scenario, the alleged spying operation was not aimed against the United States, but at penetrating or monitoring radical fund-raising and support networks in Muslim communities like Paterson, N.J., which was one of the places where several of the hijackers lived in the months prior to Sept. 11.

For the FBI, deciphering the truth from the five Israelis proved to be difficult. One of them, Paul Kurzberg, refused to take a lie-detector test for 10 weeks — then failed it, according to his lawyer. Another of his lawyers told us Kurzberg had been reluctant to take the test because he had once worked for Israeli intelligence in another country.

Sources say the Israelis were targeting these fund-raising networks because they were thought to be channeling money to Hamas and Islamic Jihad, groups that are responsible for most of the suicide bombings in Israel. “[The] Israeli government has been very concerned about the activity of radical Islamic groups in the United States that could be a support apparatus to Hamas and Islamic Jihad,” Cannistraro said.

The men denied that they had been working for Israeli intelligence out of the New Jersey moving company, and Ram Horvitz, their Israeli attorney, dismissed the allegations as “stupid and ridiculous.”

Mark Regev, the spokesman for the Israeli Embassy in Washington, goes even further, asserting the issue was never even discussed with U.S. officials.

“These five men were not involved in any intelligence operation in the United States, and the American intelligence authorities have never raised this issue with us,” Regev said. “The story is simply false.”

No ‘Pre-Knowledge’

Despite the denials, sources tell ABCNEWS there is still debate within the FBI over whether or not the young men were spies. Many U.S. government officials still believe that some of them were on a mission for Israeli intelligence. But the FBI told ABCNEWS, “To date, this investigation has not identified anybody who in this country had pre-knowledge of the events of 9/11.”

Sources also said that even if the men were spies, there is no evidence to conclude they had advance knowledge of the terrorist attacks on Sept. 11. The investigation, at the end of the day, after all the polygraphs, all of the field work, all the cross-checking, the intelligence work, concluded that they probably did not have advance knowledge of 9/11,” Cannistraro noted.

As to what they were doing on the van, they say they read about the attack on the Internet, couldn’t see it from their offices and went to the parking lot for a better view. But no one has been able to find a good explanation for why they may have been smiling with the towers of the World Trade Center burning in the background. Both the lawyers for the young men and the Israeli Embassy chalk it up to immature conduct.

According to ABCNEWS sources, Israeli and U.S. government officials worked out a deal — and after 71 days, the five Israelis were taken out of jail, put on a plane, and deported back home.

While the former detainees refused to answer ABCNEWS’ questions about their detention and what they were doing on Sept. 11, several of the detainees discussed their experience in America on an Israeli talk show after their return home.

Said one of the men, denying that they were laughing or happy on the morning of Sept. 11, “The fact of the matter is we are coming from a country that experiences terror daily. Our purpose was to document the event.”

ABCNEWS’ Chris Isham, John Miller, Glenn Silber and Chris Vlasto contributed to this report.

Former Republican Senator Pete Domenici of New Mexico Has His Records Subpoenaed in David Iglesias, U.S. Attorneys Scandal

Dick Cheney, George W. Bush, Justice Department, Pete Domenici, U.S. Attorney, U.S. Attorney Scandal

Ex-lawmaker’s records subpoenaed in firings probe

Associated Press – February 11, 2009

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WASHINGTON (AP) – A federal grand jury has subpoenaed records of former Republican Senator Pete Domenici of New Mexico.

Career federal prosecutor Nora R. Dannehy is looking into whether former Attorney General Alberto Gonzales, other Bush administration officials or Republicans in Congress should face criminal charges in the dismissals of U.S. Attorneys.

The grand jury subpoena for some of Domenici’s records has been confirmed by two private attorneys who spoke on condition of anonymity because they were not representing the former senator.

Domenici’s attorney, K. Lee Blalack, has declined to comment.

Domenici made three phone calls to Gonzales in 2005 and 2006 complaining about the performance of U.S. Attorney David Iglesias. Iglesias was fired for what the Justice Department’s inspector general said were political reasons.

Kicking Ass and Taking Names: Jane Hamsher and Glenn Greenwald Call Bullshit on the White House Stenographers

Barack Obama, David Addington, Dick Cheney, Douglas Feith, Glenn Greenwald, Illegal Wiretapping, Jane Hamsher, John Ashcroft, John Hannah, John Yoo, Justice Department, Rendition, State Secrets, The Atlantic, Torture, White House Stenographers

jandg

The Grand Dame of Blogs, Jane Hamsher and the Tough, Smart Glenn Greenwald Are Getting it Done

Access Journalism — Business As Usual?

By: Jane Hamsher Wednesday February 11
F I R E D O G L A K E

Glenn Greenwald has been rightfully indignant about the Obama DoJ’s use of Bush’s “state secrets” argument to cover up charges of rendition and torture.  The NY Times this morning says “It was as if last month’s inauguration had never occurred…..Voters have good reason to feel betrayed if they took Mr. Obama seriously on the campaign trail when he criticized the Bush administration’s tactic of stretching the state-secrets privilege to get lawsuits tossed out of court.”

But Bush’s “state secrets” claims aren’t the only White House holdovers. Glenn also singles out Marc Ambinder of The Atlantic today for being a DC stenographer whose idea of “reporting” is calling up administration sources, granting them anonymity without cause, and then writing it up mindlessly without critique or context:

What possible justification is there for granting administration officials anonymity to explain why they are embracing a Bush-era weapon that they have long criticized?  And why does an administration swearing great levels of transparency and accountability — and vowing to use secrecy only when absolutely necessary — need to hide behind a wall of anonymity in order to explain why they did what they did here?  Why can’t they attach their names to this explanation, so that they can be questioned about it and held accountable?

Why would he do that?  Well, possibly because that’s the only way they’ll talk to him — or anyone else.  New York Times reporter David Cay Johnston has also written about this “business as usual” quality of White House press relations:

My questions to LaBolt and Singh prompted a return phone call the next day from Nick Shapiro, who spelled his name, but had to be prodded several times to give his job title: assistant press secretary.

During our brief conversation, Shapiro, like LaBolt (whose name Shapiro did not recognize), started one sentence with “off the record.” Told that the journalist grants the privilege, and that none would be granted here, Shapiro expressed surprise. His surprise was double-barreled, at both the idea that the reporter issues any privilege and that any reporter would decline to talk “off the record.”

The reportorial practice of letting government officials speak without taking responsibility for their words has been an issue with the public and is being questioned now by some journalists, as shown by this article from Slate’s Jack Shafer.

Questions about whether Shapiro knows the difference between off-the-record, background, deep background, and on-the-record did not get asked, because Shapiro made it clear he had no interest in answering anything about how the Obama press secretary’s office is operating and what its tone will be. He said questions should be submitted in writing by e-mail to nshapiro@who.eop.gov. I sent Shapiro an e-mail outlining the contours of what would be covered in an interview, but have not received a response as of this writing, the following day.

Johnston is a Pulitzer Prize winning reporter whose book, Free Lunch: How the Wealthiest Americans Enrich Themselves at Government Expense [and Stick You with the Bill] is indispensible for anyone wanting to understand how the taxation and legislative system has been gamed to favor the rich.  He’s a superb journalist and sometimes it’s hard to believe he’s still employed at the Times(note:  Johnston has left the NYT.) An administration interested in transparency should be ecstatic about working with him.

But what is going on right now in the world of DC journalism finds its most naked expression in Ambinder’s piece, though I’ve seen other glaring examples of late — journalists are scrambling for who gets “access” to the White House.  So there’s no end to the bullshit they’ll write to ingratiate themselves to potential sources, or the inconvenient facts they’ll edit out in order to be the new Bob Woodward. (Though Ambinder does deserve some praise on this front — he wrote what everyone else knows but isn’t saying about White House plans:   “encouragement of moderate Democrats,” “entitlement reform” and “standing up to Speaker Pelosi.”)

You can see it in the horror with which the traditional media is responding to Sam Stein getting called on at the President’s press conference — there are rules, there is a pecking order, and This Is Not How It’s Done. While it’s great Sam got recognized — he’s a really good journalist and he asked a critical question — it’s not much more than “window dressing” if the day-to-day interaction with the press stays the same as it did during the Bush years.  And with Rahm managing the relations between the White House and the media these days, it looks like that’s exactly what’s happening.

Update: And the stenography continues: Ambinder calls back his “administration sources” so they can respond to Glenn but neither names him nor links to him.  “They’re sensitive to the politics of the case, but they’re not motivated by what civil libertarians may write on their blogs.”  The administration people don’t want you at the slumber party Glenn Greenwald, and they don’t give anonymous quotes to you, Glenn Greenwald, and they certainly aren’t going to RESPOND to you, Glenn Greenwald, well okay they DID and Ambinder just wrote PARAGRAPHS about it but they are going to just turn their backs and pretend you’re not there.  Feh.

Thomas Ricks Plays Propaganda Point-Man on Pentagon Plan for Permanent U.S. Bases in Iraq

Admiral Fallon, AEI, Bechtel. Halliburton, Blackwater, Carlyle Group, Colin Powell, Condi Rice, Dick Cheney, Don Rumsfeld, Douglas Feith, Erik Prince, General Keane, General Odierno, General Patraeus, George W. Bush, Iraq, KBR, Military Industrial Complex, Neocons, Oil, Paul Wolfowitz, PNAC, Propaganda, Raytheon, Richard Perle, Steven Hadley, Think-Tanks

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