Pardon Libby? Not Under The Bush Guildelines

Ken AshfordPlamegateLeave a Comment

Bush was among the many critics of Clinton’s policy regarding pardons.  So much so, in fact, that when Bush came into office, he re-established the guidelines under which a convicted person can be entitled to receiving a pardon.

Newsweek has an eye-opening report, suggesting that under the Bush guildelines, the possibility of a pardon for Libby is a "non-starter":

But there’s one significant roadblock on the path to Libby’s salvation: Vice President Dick Cheney’s former chief of staff does not qualify to even be considered for a presidential pardon under Justice Department guidelines.

From the day he took office, Bush seems to have followed those guidelines religiously. He’s taken an exceedingly stingy approach to pardons, granting only 113 in six years, mostly for relatively minor fraud, embezzlement and drug cases dating back more than two decades. Bush’s pardons are “fewer than any president in 100 years,” according to Margaret Love, former pardon attorney at the Justice Department.

Following the furor over President Bill Clinton’s last-minute pardon of fugitive financier Marc Rich (among others), Bush made it clear he wasn’t interested in granting many pardons. “We were basically told [by then White House counsel and now Attorney General Alberto Gonzales] that  there weren’t going to be pardons—or if there were, there would be very few,” recalls one former White House lawyer who asked not to be identified talking about internal matters.

The president has since indicated he intended to go by the book in granting what few pardons he’d hand out—considering only requests that had first been reviewed by the Justice Department under a series of publicly available guidelines.

Those regulations, which are discussed on the Justice Department Web site at www.usdoj.gov/pardon, would seem to make a Libby pardon a nonstarter in George W. Bush’s White House. They “require a petitioner to wait a period of at least five years after conviction or release from confinement (whichever is later) before filing a pardon application,”  according to the Justice Web site.

Moreover, in weighing whether to recommend a pardon, U.S. attorneys are supposed to consider whether an applicant is remorseful. “The extent to which a petitioner has accepted responsibility for his or her criminal conduct and made restitution to … victims are important considerations. A petitioner should be genuinely desirous of forgiveness rather than vindication,” the Justice Web site states.

Of course, these are merely guidelines, and Bush does not have to follow them.  But this will lead to serious charges of hypocrisy — establishing guideliens about how pardons should be done, and then ignoring those guidelines when it comes to one of "your own".

NH Parental Notification Law On Verge Of Being Repealed

Ken AshfordConstitution, Supreme Court, Women's IssuesLeave a Comment

It was a law that made nation-wide news last year: a law in New Hampshire required underage girls to get parental consent prior to receiving an abortion, even when the life and health of the underage mother was at risk.

The law was challenged as unconstitutional, and it made its way all the way up to the U.S. Supreme Court.  I wrote a length post discussing the background of the case here.  The decision, which was highly technical and didn’t really resolve the underlying issue, is discussed in my post here.

With the Democratic "revolution" in New Hampshire in the 2006 elections, the law — which has never gone into effect, but is still technically on the books — was doomed to be repealed.  And today, the first step toward repeal has happened:

The New Hampshire House today voted to repeal the state’s law requiring that a parent be notified before a minor daughter can have an abortion.

The House voted 226-130 to repeal the 2003 law, which has been appealed as far as the U.S. Supreme Court. The courts ruled the law is flawed because it was unclear how the Legislature intended to protect the health of a girl in an emergency.

The bill, HB 184, moves to over the state Senate next, where it is expected to pass. Gov. John Lynch has said he favors the repeal.

The Latest Bush Scandal

Ken AshfordAttorney FiringsLeave a Comment

If you’re not up on the newest scandal involving the Bush Administration, here’s a primer from The New Republic:

Senators at a Judiciary Committee hearing Tuesday tried to get to the bottom of whether the Bush administration inappropriately fired eight federal attorneys for political reasons.

If so, the GOP plan has backfired: at least two Republican lawmakers could be mired in scandal, and the administration, having lost eight faithful and proficient public servants, finds itself in another PR disaster.

The reasons for the firings have continued to evade the former attorneys, as well as lawmakers. There is "no accountability in the Department of Justice," said Sen. Patrick Leahy, chairman of the Judiciary Committee. Instead, he said, there has been a "series of shifting explanations and excuses from the administration."

"Not since the Saturday Night Massacre have we witnessed anything of this magnitude," Leahy said, referring to the series of resignations and a dismissal during Watergate.

DOJ initially claimed the firings were performance related. Then it came out that seven of the eight attorneys had received glowing performance reviews. Now the administration claims that they did not meet certain department priorities.

The latest rationale seemed "awfully convenient" to Sen. Russ Feingold and the testifying attorneys.

"Why would I be a political liability when just a few years ago I was a political asset?" David C. Iglesias, the former U.S. Attorney for the district of New Mexico, said he wondered after his dismissal. He is convinced that his forced resignation was not performance related.

Carol Lam, the former U.S. Attorney for the Southern District of California, spoke of her success in meeting the administration’s expectations for immigration trials. "Our immigration trial rate more than doubled from 2004 to 2005," she said.

When she inquired why she was fired, she was told by the DOJ that they "didn’t think that information would be useful to me."

The unstated reason may have been that Lam, like four of her fellow prosecutors, were leading corruption investigations into Republicans at the time of their dismissal.

Prosecutors looking into instances of Democratic corruption, like Iglesias of New Mexico, were pressured by GOP lawmakers to produce indictments before the November elections. Rep. Heather Wilson, who found herself in a tight re-election race, asked Iglesias on Oct 16, "What can you tell me about sealed indictments?" Sen. Pete Domenici asked him: "Are these going to be filed before November?" When told no, Domenici replied, "I’m sorry to hear that."

"I felt sick afterwards," said Iglesias. It now appears that both Wilson and Domenici violated Congressional ethics rules by pressuring a prosecutor in an ongoing legal investigation.

The plot gets even thicker inside Congress. Ed Cassidy, the chief of staff to Washington Rep. Doc Hastings, called dismissed prosecutor John McKay of Seattle to inquire about an investigation into voter fraud in the 2004 gubernatorial election. McKay said he cut the call short. In February 2005, Hastings became Chairman of the House Ethics Committee. Cassidy is now a top staffer to House Majority Leader John Boehner.

Yesterday’s hearings deserve to be the first of many. It’s becoming more and more obvious that attorneygate reaches into the upper echelons of Congress and the administration.

I have a feeling we will be hearing more about this in the weeks and months to come.

More “Vagina Monologues” Controversy

Ken AshfordWomen's IssuesLeave a Comment

All over the country last month and this month, womens groups and theater groups are performing Eve Ensler’s play "The Vagina Monologues" as part of V-Day campaign, a global movement to stop violence against women and girls. 

Not all women are completely enamored of the play.  Amanda Marcotte, she of the recent John Edwards blogging kerfuffle, writes:

A lot of us more sophisticated, citified feminist types act a little disdainful towards “The Vagina Monologues”. “That play is so last decade,” we say to each other. “Nothing against Eve Ensler, but the shine of novelty has faded. We get it already. If I loved my vagina any more, I’d have to buy her a Lexus.”

However, as Amanda herself acknowledges, the message of the play isn’t intended just for "sophisticated, citified feminists" like herself — it is a play that needs to be heard by all women of all types and persuasions, in all communities.  And that’s why she supports it.

The V-Day campaign has been phenomenally successful in spreading the word, and each year, the play finds itself performed in more and more communities.  And, somewhat predictably, some of those communities are not exactly warming up to the show’s concept or, to be frank, language.  Last month, I posted about a community in Florida who had trouble with the show’s title being displayed on a theater marquee.

Via Amanda, we learn about another incident involving a production of the play — this time in John Jay High School in Westchester County, N.Y.:

Bilde_2It seems that three female high school juniors received permission to read part of Eve Ensler’s "The Vagina Monologues" during a public open mic session. But they were told to avoid using the word "vagina," which is mentioned in the excerpt, because young children would be in the audience and it would be taped for local cable TV. (The students have countered that the youngest audience member was in ninth grade.)

After careful consideration, the three students — Megan Reback, Elan Stahl and Hannah Levinson — decided the school’s attempt to censure them was bogus, and performed the piece (called "My Short Skirt") anyway.

The students …divided the piece into thirds and then read the final line of this section together:

My short skirt is a liberation
flag in the women’s army
I declare these streets, any streets
my vagina’s country.

The girls received one-day suspensions.  According to the principal in his press statement, this was not because they used the dreaded v-word, but because they were "insubordinate" for disobeying faculty members who told them not to use that word.

According to local press accounts, the students have no regrets:

The students, all juniors at John Jay High School, stood by their actions, saying everyone should be comfortable with the word and the female sexuality it invokes.

"We had no doubt in our minds that we were willing to be ‘insubordinate’ to do the right thing and get this word out there and we were willing to take whatever consequence," said Hannah Levinson. The press conference was held in Levinson’s living room where all the girls were accompanied by their parents.

"It just doesn’t make sense for an administration to expect me not to talk about my body – it’s mine," added Megan Reback.

At his own press conference, the principal disagreed:

Principal Rich Leprine said the school "recognizes and respects student freedom of expression," but that the freedom is not unfettered, especially when an activity or event is open to the general community.

Amanda isn’t buying that:

But as you can see from the dust-up over the word “vagina”, it’s not about the words themselves, but about the concepts. The fury over “The Vagina Monologues” has never been about some mysterious substance inside the letter V-A-G-I-N-A that causes people to lose their minds. The fury is over the themes of the play and Ensler’s attempt to get to fight back against misogyny. Add this little dust-up to the evidence bin—it’s hardly a happy coincidence for the principle that the theme of female freedom would have be excised alongside the forbidden word. When he says that young people were exposed to this passage, is he mad that 14-year-olds learned that women have vaginas? Or is he mad that teenage girls are exposed to the idea that there’s something wrong with a world where women don’t feel free to walk down the street without getting randomly punished for having vaginas? I have my suspicions.

A video of the three high school students reading "My Short Skirt" is here.

Election ’08: NH Poll

Ken AshfordElection 2008Leave a Comment

The first New Hampshire poll of the season from Suffolk is out. It has a small sample size (212 in the Democratic sample), so its value may be limited.  The poll was taken February 24-28.

Democrats:

Clinton: 28
Obama: 26
Edwards: 17
Biden: 3
Kucinich: 2
Richardson: 2
Unsure: 17

This is pretty much what I expect, although Hillary, the putative frontrunner, has got to be concerned about Obama’s numbers.  He’s still on the upsurge, and — barring any huge faux pas — could easily surpass her in the coming months.

Republicans:

Giuliani: 37
McCain: 27
Romney: 17
Ron Paul: 2
Tom Tancredo: 2
No opinion: 12

Giuliani is a frontrunner, but most people don’t really know him other than his role as "Mayor of 9/11".  He’s going to have a hard time winning over social conservatives (what with his multiple marriages and cross-dressing) [Update:  See?  Told ya’.], and I think he’s going to implode at some point during the campaign.  Romney, who is from neighboring Massachusetts, really should have done better in this poll.

But as for the sad state of Republican nominees, read Matt Yglesius.

On Giuliani:

A thrice-married occasional cross-dresser with a penchant for seizing guns while turning a blind eye to illegal immigrants who also thinks cutting taxes on the rich is the be-all and end-all of economic policy isn’t going to inspire anyone to wonder what’s the matter with Kansas. Next to Giuliani, everyone looks like the candidate for values voters.

On McCain:

[H]is pathetic decline is probably a sad story. To me, it’s more like a funny one — like when that guy slipped and fell down a flight of stairs and it all looked very painful but he was a huge jerk anyway. McCain is old. And sick. And obviously so. He has the misfortune of being both the most conservative candidate in the race and the one most hated by conservatives. His website makes it look like he’s campaigning for Führer. Worst of all, George W. Bush’s Iraq policy is so crazy that it’s managed to ruin McCain’s devilishly clever positioning on Iraq.

On Romney:

Mitt Romney is the most freakishly transparent liar I’ve ever witnessed. His party is desperately reliant on playing the Christian card on election day, but most traditionalist Christians deny that his religion counts as Christianity.

John Edwards Virtual Campaign Headquarters Attacked

Ken AshfordElection 2008Leave a Comment

This is a little weird, but so is the 21st century.

As I posted a few weeks ago, John Edwards established the first campaign headquarters in virtual reality — specifically, in Second Life.  I thought that was pretty saavy, and a sign of things to come.

Unfortunately, the headquarters have been virtually vandalized.  A group of, well, miscreants with too much time on their hands have buried the headquarters in virtual graffiti.  The group calls itself “Patriotic Nigras: e-terrorists at large,” and Saturday they claimed credit for the Edwards attack.

Here is a video of another Patriotic Nigras attack (set to some not-safe-for-work music).  What these bozos do is that they flood a virtual building or place with graphics of Mario Brothers, Bill Cosby, and zombies.  Presumably, a similar thing happened to the virtual Edwards headquarters.

Pretty weird if you ask me.

Fox News Doesn’t Understand The Law

Ken AshfordPlamegate, Right Wing and Inept MediaLeave a Comment

Take a look at this graphic from Fox News yesterday:

Hclibby2

The caption reads: "Libby Convicted On 4 Counts But Was There Even A Crime?"

This shows the level of stupid thinking (as well as propagandazing) that one sees every day on Faux News.

Yes, Hannity.  There was a crime.  Perjury is a crime.  Obstruction of justice is a crime.  Making false statements is a crime.  It’s a crime regardless of whether or not there is an underlying crime.

Apparently, these people cannot even remember back as far as the Clinton years.  While wingnuts rejoiced that Clinton committed perjury, they didn’t stop (as they are now) to ask if there was actually any sexual harrassment.  A crime is a crime is a crime, they said.  And they were right.

One of the reasons, by the way, that we may never know if a crime was actually committed in the Plamegate matter is simply because Libby (and perhaps others) lied to investigators.  Did the boys at Fox News think of that?

Stupid, stupid, stupid.

UPDATE:  And look how Fox initiall reported the Libby verdict story:

Fox_libby_not_guilty

Laugh. *Snort*.

A Programming Note

Ken AshfordRandom MusingsLeave a Comment

FYI.

If you set your TIVO to record a show called "The 50 Most Unforgettable Plays", please be advised that it is not — repeat, not — a show about the theatre.  It is, in actuality, a sports show retrospective.

The tip-off is the fact that the show appears on the Fox Sports Network.

Just thought you might like to learn from my mistakes.

Let Me See If I Get This Straight

Ken AshfordBush & Co., Corporate Greed, Iran, War on Terrorism/TortureLeave a Comment

Let’s get a timeline:

In 1995, Clinton cuts off all trade and investment with Iran.  U.S. companies were no longer able to do business with Iran.

After that announcement, Halliburton decided that business with Iran, then conducted through at least five companies, would all be done through a subsidiary incorporated in the Cayman Islands.  This way, Halliburton could skirt around the ban.  (Halliburton also did business with Saddam, up through 2000, in this manner.)

When Halliburton made that decision, its chief executive officer was Dick Cheney.

Twelve years later, Halliburton is still working in and for Iran.

Does this make any sense to anybody?  The vice-president of the United States was CEO of a company that did business with our enemies, despite the fact that it was well-known that these countries were dangerous.  Can you imagine a Democratic vice-president getting away with this?

And they call us "traitors"?!?

One Of Those Days

Ken AshfordBush & Co.Leave a Comment

Carpetbagger Report:

I’m trying to imagine what the mood is like in the West Wing right now.

Scooter Libby, the first high-ranking White House official to face criminal charges in over a century, has been convicted of perjury and obstruction of justice, stemming from a smear campaign he and the Vice President worked on together.

Nine Americans were killed in Iraq yesterday, and suicide bombers killed 93 people in a crowd of Shiite pilgrims this morning in coordinated attacks.

The Walter Reed scandal dealing with mistreatment of wounded veterans has become a massive embarrassment for the Bush gang, and the White House is struggling to avoid responsibility.

And the prosecutor purge scandal is hitting its stride today, as Senate hearings expose a massive and systemic fiasco in which the Justice Department and the White House fired U.S. Attorneys, without cause, for political purposes and then lied about it.

All of this has unfolded over the last 24 hours. What’s more, this presidency was largely in free-fall before this week and seemingly had no where to go but up.

I’m hard pressed to imagine things getting any worse, but then again, I’ve thought that before.

Yup.

Breaking: Libby Guilty

Ken AshfordBreaking News, PlamegateLeave a Comment

on four of five counts in his perjury and obstruction of justice trial.

The verdict isn’t as important as what the whole Plamegate process and trial actually revealed, i.e., the Vice President’s main adviser has just been convicted of obstructing an investigation not just of himself but of the Vice President, and the trial brought out substantial evidence that Cheney was Libby’s original source of the information that Valerie Plame was a CIA agent; that Cheney remained aware that Plame worked at the CIA throughout the relevant period; and that Cheney made it an important part of the pushback against Joe Wilson after Wilson published his op-ed, probably directing Libby to disclose Plame’s identity to Judith Miller on July 8 in order to get the information published.

And why?  Because Joe Wilson called Bush on a lie (the lie that Saddam had tried to obtain uranium from Africa).

RELATED:  Here are all my Plame posts (the first post I had about the Plame scandal was 3 years and one day ago)

Walter Reed Scandal Grows

Ken AshfordHealth Care, Republicans, War on Terrorism/TortureLeave a Comment

The Walter Reed scandal sheds a spotlight on the basic difference between conservatives and progressives.

The conservative’s mantra is that government is necessarily bad, and it can’t do anything right.

The progressive’s mantra is that government can do good things, if we just permit it to.

Of course, when conservatives control the agencies of government, their mantra becomes a self-fulfilling prophecy.  Take, for example, FEMA — a model government agency under Clinton.  It was well-staffed by knowledgeable people.  It was effective.  Then came Bush.  FEMA was cut in influence and manpower, and a person with no experience was left to run it.  And when disaster struck New Orleans, the incompetence was there for all to see.

The same thing again is happening with Walter Reed.  An Army study showed that the government was better at operating the facility.  But the Bush team came in and privatized the whole operation, handing it over to the public sector.  Not just anybody either, but to a company run by a former Halliburton official.  From the Army Times:

The Committee on Oversight and Government Reform has subpoenaed Maj. Gen. George Weightman, who was fired as head of Walter Reed Army Medical Center, after Army officials refused to allow him to testify before the committee Monday.

Committee Chairman Henry Waxman and subcommittee Chairman John Tierney asked Weightman to testify about an internal memo that showed privatization of services at Walter Reed could put “patient care services at risk of mission failure.”

The memorandum “describes how the Army’s decision to privatize support services at Walter Reed Army Medical Center was causing an exodus of ‘highly skilled and experienced personnel,’” the committee’s letter states. “According to multiple sources, the decision to privatize support services at Walter Reed led to a precipitous drop in support personnel at Walter Reed.”

The letter said Walter Reed also awarded a five-year, $120-million contract to IAP Worldwide Services, which is run by Al Neffgen, a former senior Halliburton official.

The letter said the Defense Department “systemically” tried to replace federal workers at Walter Reed with private companies for facilities management, patient care and guard duty – a process that began in 2000.

As Matt Yglesias explains today, privatizing is not some sort of magical ritual that automatically results in goodness and light. Indeed, when it comes to government services it is just a plain old patronage machine that delivers to the favored politicians at the expense of the people:

I posted on the general problem here last month — it’s not as if there are dozens of United States Armies all competing against one another to run the best hospitals and choosing among a variety of suppliers of hospital services in a dynamic marketplace where the Army that runs a bad hospital goes out of business.

You’ve got private profits, private corporations, privatization, and all sorts of other private stuff, but you don’t have a market you have a patronage mill and you have suffering soldiers. The correct way to privatize government services if you don’t think they should be provided by the government is to just have the government not perform the service. If it’s something you think the government should provide — medical care for injured soldiers would be, I think, an uncontroversial case — then the government needs to provide it.

This, again, shows what’s wrong with Republicans running government. Their policies have now been proved to be terminally flawed in virtually every area of responsibility. The mess at Walter Reed, like the Katrina response, shows what happens when you put people who are disposed to hating government in charge of government.  This one, like so many others, has ripped off taxpayers to the tune of billions of dollars that went directly into the pockets of well-heeled GOP contributors and average American have suffered for it.

UPDATE:  Well, at least one conservative is singing the right tune on this — Dean Barnett:

As far as the Bush administration is concerned, longtime supporters (like myself) can only be shaking their heads in dismay and disgust over this scandal unless they’ve instead opted to man the partisan barricades. Taking care of our veterans, especially at a time of war, should have been a top priority. Being the flagship of all military hospitals, one would have thought that Walter Reed was providing outstanding service.

As has been the case too often with the Bush administration, we can only wonder how this has happened. Surely taking care of our veterans and recently returning soldiers was a priority for the administration. But if those were ranking priorities, how could the administration have done such a wretched job of tending to them?

For the Bush administration, the only available explanations for the disgrace at Walter Reed are that tending to our wounded veterans was a low priority, or that tending to our wounded veterans was a high priority and yet the administration was too inept to get it right.

Neither scenario puts the administration in a positive light.

One nice thing about having Democratic control of Congress is that they can — finally — look into these things.

UPDATE:  Obama steps up to the plate.

Ann Coulter (Finally) Goes Too Far … Even For Conservatives

Ken AshfordRight Wing Punditry/Idiocy1 Comment

Here’s a short clip of what Ann said at CPAC on Friday:

Yup, she called John Edwards a "faggot", using that word.

Progressives like me are used to this sort of vile from Coulter, but this time, the outrage is coming from the right as well.

And with good reason.  This was a forum for conservatives and their presidential nominees, and Ann totally upstages them by dropping the f-bomb.  Some selected reaction from the right:

  • Robert Bluey: "When you have eight presidential candidates in your presence but the top story is [Ann Coulter], there’s something very wrong with the rightosphere."
  • Michelle Malkin: "With a single word, [Coulter] sullied the hard work of hundreds of CPAC participants and exhibitors and tarred the collective reputation of thousands of CPAC attendees. … Not all of us treat the communication of conservative ideals and ideas as 24/7 performance art. … You can joke without becoming the joke."
  • Hugh Hewitt: "I cannot imagine [Coulter] being invited to any panel or television appearance on which I would want to appear. Colleges and universities must also stop inviting her to appear as a representative of the conservative movement in America. She is not."
  • Townhall‘s Dean Barnett: "I guess you could say that Ann loves to shock us, but at this point, who’s shocked? She obviously can’t behave well enough to attend a respectable political gathering. It’s not a lack of intelligence. It’s an indifference to self-control and a preening sort of narcissism that compels her to need the spotlight, even if it’s unflattering."
  • Bryan at Hot Air: "And, what’s the big headline coming out of CPAC? … The headline coming out of CPAC is that [Ann Coulter] said an awful thing. Which is what she wants, since it’ll keep her profile up and help her sell books. … It’s all about [Ann]. And that’s the problem."
  • Ace of Spades: "They could be talking about their biographies, their values, their vision for the future. Instead they’re talking about a cable-news clown. I’m just tired of it.
  • RedState‘s Leon Wolf: "I’m not going to willingly feed the ego of a person who cares nothing for the movement she claims to associate herself with, all so that they will (apparently) reinforce that very same ego. Au revoir, [Ann]. This time, at least, I hope you start to reap the rewards you’ve been sowing for the last couple years."
  • The Directors of RedState: "[Ann Coulter] doesn’t speak for us. And we hope and expect that this is the last time a candidate for public office willingly accepts her endorsement or appears on the same stage with her.

As Glenn Greenwald writes:

“Several right-wing bloggers have created and signed onto a commendable petition which, among other things, calls for the CPAC to cease inviting Coulter to speak. Several of the more decent pro-Bush bloggers have signed on, though, at least as of now, most have not (and Sean Hannity expressly refused to condemn Coulter when asked about the remark).”

Ann’s defense?  "It isn’t offensive to gays. It has nothing to do with gays."  Somehow, I think the gay community might disagree with you, Ann.

Mr. Edwards has commented on the situation as well:

“I think its important that we not reward hateful, selfish, childish behavior with attention,” Edwards told reporters in Berkeley, Calif. “I also believe that is important for all of us to speak out against language of this kind; it is the place where hatred gets its foothold, and we can’t stand silently by and allow this kind of language to be used.”

From CNN:

At least three major companies want their ads pulled from Ann Coulter’s Web site, following customer complaints about the right-wing commentator referring to Democratic presidential candidate John Edwards as a "faggot."

And the GOP candidates themselves have denounced Coulter.

Could this be the end of Ann?