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GOP Drools Over Dream of Special Prosecutor

Megyn Kelly went there on her show Wednesday, but you knew this was the goal all along, right? Republicans have wet dreams every night of a special prosecutor so they can harass Barack Obama through the last three and a half years of his presidency and make sure they don't get anything done. From Benghazi to Fast and Furious, they're practically squirming with anticipation.

For the recipe to work, they have to distort the facts in order to suggest something happened that didn't. Via Media Matters:

Fox News ignored President Obama's explicit demand for accountability in the wake of news that the Internal Revenue Service applied extra scrutiny to conservative groups. The network's omission gave it cover to accuse Obama of not taking the IRS's actions seriously and to call for a special prosecutor.

They also ignored the fact that the IG's report clearly stated that targeting was not exclusively limited to conservatives, because of course, that would be too much like the truth. Instead, they tried to pretend the president wasn't taking the scandal seriously, and went even farther into fantasyland in order to gin up their audience for only one thing.

Kelly and Stirewalt used their mischaracterization of Obama's response to call for a special prosecutor into the IRS's actions. Stirewalt told Kelly that if he were the president, he would "find a Republican of good standing" to appoint as an independent investigator. Kelly responded with the charge, "Where is the harm to this administration, if as these IRS employees state, no one outside of the IRS had anything to do with this, this was just IRS employees deciding to target conservatives. So if the White House and no one else had anything to do with it, where is the harm? Why doesn't the president just say 'absolutely'?"

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Oh, look. Another phony scandal! And another case of amnesia, as Republicans block all the cases in which they did the same thing from their memories.

Yes, Republicans are gleefully insisting this is a pattern of improper behavior and calling for a special prosecutor. But then again, if President Obama knocked a piece of White House china off the table and broke it, the Republicans would be calling for an investigation to see if he really sold it on eBay and pocketed the cash:

First, Joe Sestak. Now, Andrew Romanoff.

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In an emailed statement, Romanoff, the former Colorado House speaker, said that in September, “shortly after the news media first reported my plans to run for the Senate, I received a call from Jim Messina, the President’s deputy chief of staff. Mr. Messina informed me that the White House would support Sen. Bennet. I informed Mr. Messina that I had made my decision to run.

”Mr. Messina also suggested three positions that might be available to me were I not pursuing the Senate race. He added that he could not guarantee my appointment to any of these positions. At no time was I promised a job, nor did I request Mr. Messina’s assistance in obtaining one.”

Romanoff also attached an email from Messina outlining the posts, and said he later left Messina “a voicemail informing him that I would not change course.” He said he hadn’t spoken with Messina or anyone else in the White House since then.

[...] Before Romanoff issued his statement, Texas Republican Rep. Lamar Smith on Wednesday responded to the Romanoff reports by reiterating his call for the Justice Department to appoint a special counsel to investigate both the Sestak and Romanoff discussions with the White House.

“I am concerned that the Obama Administration has engaged in a habit of attempting to manipulate the democratic election process to benefit the Democratic Party,” Smith said in a statement. “Such actions are certainly unethical and may very well be criminal. And it makes the recent White House report attempting to downplay allegations even less believable.”

Lamar, you're a lying sack o'fertilizer. Shameless, shameless, shameless!

Having learned their lesson with the Sestak story, the White House responds quickly:

Both sides insist no concrete job offer was made, but Romanoff’s announcement made it look as though the White House and come up with the idea all on its own. The part he apparently left out was that he applied for the jobs at the U.S. Agency for International Development.

“Andrew Romanoff applied for a position at USAID during the Presidential transition. He filed this application through the Transition on-line process. After the new administration took office, he followed up by phone with White House personnel,” said White House spokesman Robert Gibbs in an e-mail statement sent before 6:30 a.m.

“Jim Messina called and e-mailed Romanoff last September to see if he was still interested in a position at USAID, or if, as had been reported, he was running for the US Senate,” Gibbs said. “Months earlier, the President had endorsed Sen. Michael Bennet for the Colorado seat, and Messina wanted to determine if it was possible to avoid a costly battle between two supporters.

“But Romanoff said that he was committed to the Senate race and no longer interested in working for the Administration, and that ended the discussion. As Mr. Romanoff has stated, there was no offer of a job,” Gibbs said.



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[Editor's note: Please welcome D-Day to the Crooks and Liars team. Most of you are no doubt familiar with him through his always-impressive work at Digby's Hullabaloo, where he'll continue to contribute; you'll just get to read more of him here. D-Day also helped fill in a few weeks back while I was on vacation. John's trying to swim against the tide of blogs pulling, so he's hired D-Day to write several posts a week for us. We're lucky to have him. -- DN]

Keith Olbermann talks with Jane Mayer in this clip about the release of the CIA IG report and the preliminary investigation into some of the worst practices of the torture regime. She talks about how the IG report reads like "a crime scene," foregrounding the idea that the architects of the policy at CIA were warned in this 2004 report and repeatedly thereafter that their agency would be in deep legal trouble for continuing these actions, and yet they kept justifying them and/or actually engaging in them for years afterward. Nobody took the warnings seriously, knowing both the makeup of the Justice Department and the Presidency at that time, and perhaps banking on how Washington would view these efforts, as part of the past and best kept their, given the Establishment culpability for torture.

Here's just a few of the facts of what CIA interrogators did in our name, just the ones that come from this IG report, as masterfully summarized by Glenn Greenwald:

• Threats of execution, using semi-automatic handguns and power drills

• Threats to kill detainee and his children

• Threats to rape detainee's wife and children in front of him

• Restricting the detainee's carotid artery

• Hitting detainee with the butt end of a rifle

• Blowing smoke in detainee's face for five minutes

• Multiple instances of waterboarding detainees, of the type we prosecuted Japanese war criminals for using:

• Hanging detainee by their arms until interrogators thought their shoulders might be dislocated

• stepping on detainee's ankle shackles to cause severe bruising and pain

• choking detainee until they pass out

• dousing detainee with water on cold concrete floors in cold temperatures to induce hypothermia

• killing detainees through torture techniques, whether accidental or not

• putting detainee in a diaper for days at a time to live in their own filth

On that last point, Digby notes that this could have been used in tandem with another technique we know about, the use of forced enemas, a particularly degrading technique, part and parcel of the humiliations heaped on prisoners that were psycho-sexual in nature. A lot of these stem from misreadings of books like Raphael Patai's "The Arab Mind," which presumed a host of dubious generalizations about Muslims and their predispositions, all of it willingly lapped up by neoconservatives willing to believe that their opponents were somehow subhuman. As if anyone would react favorably to being made to live in their own shit. These stereotypical projections that manifested themselves in essentially an allowance for torturing brown-skinned people have dangerous and deadly repercussions.

more...

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(Suzanne Ito writes for and manages Blog of Rights, the blog of the national ACLU.)

June 26 of this year marked the International Day in Support of Torture Victims, and the anniversary of the United Nations' Convention Against Torture. On that day, the ACLU joined countless other human rights groups in calling for Accountability for Torture. We asked people to send Attorney General Eric Holder the Office of Legal Counsel memos—the actual evidence released through ACLU lawsuits that revealed the fact that high-level Bush administration officials had sanctioned these illegal acts—and urged him to appoint a special prosecutor to investigate these crimes.

We were pleased when Newsweek's Daniel Klaidman reported that Holder was indeed considering an investigation. But now a month has passed, we haven't heard much from the Justice Department. So last week, the ACLU renewed its call for accountability by launching a new video, featuring director Oliver Stone, composer Philip Glass, Rosie Perez, and many others reading from the torture memos, and calling for accountability.

The public knows that detainees were tortured during the Bush presidency. From the photos from Abu Ghraib, to congressional reports (PDF), to the torture memos themselves, it's crystal-clear that these abusive interrogation practices were authorized by the highest levels of the Bush administration. Even Dick Cheney couldn't resist a little cheerleading about how effective he thought waterboarding was.

It is a core premise of American democracy that no one—not even the president—is above the law. When we hear Attorney General Holder is considering only investigating those who carried out the torture, not those who authorized the torture in the first place, it sickens us to think how this clashes with the most fundamental American ideals of fairness. Too much evidence of high-level orders exists to limit criminal investigations to "a few bad apples." We cannot compromise the rule of law because we're afraid the outcome might be politically messy, inconvenient or even painful. To not investigate is to tell future presidents and their administrations that they're above the law, and that would render our system of justice meaningless.

So please watch the video, and send it to Attorney General Holder. It's time for a comprehensive investigation of the Bush era torture policies.



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CNN contributor Bill Bennett must feel vindicated. Who knew Richard Nixon was such a racist? /snark

WASHINGTON — On Jan. 23, 1973, when the Supreme Court struck down state criminal abortion laws in Roe v. Wade, President Richard M. Nixon made no public statement. But privately, newly released tapes reveal, he expressed ambivalence.

Nixon worried that greater access to abortions would foster “permissiveness,” and said that “it breaks the family.” But he also saw a need for abortion in some cases, such as interracial pregnancies. “There are times when an abortion is necessary. I know that. When you have a black and a white,” he told an aide, before adding: “Or a rape.”

Just as interesting is the revelation that then California Governor, Ronald Reagan approved of the now infamous Saturday Night Massacre, cheer leading all the way. No wonder the GOP of today love him so much:

Nine months later, after Nixon precipitated the resignations of two top Justice Department officials and forced the firing of the special prosecutor looking into the Watergate affair, Ronald Reagan, who was then the governor of California and would later be president, told the White House that he heartily approved.

Reagan told the White House that the action — which would become known as the “Saturday Night Massacre” — was “probably the best thing that ever happened — none of them belong where they were,” according to a Nixon aide’s notes of the private conversation. Read on...



Mike's Blog Roundup

Emptywheel: Former Sen. Bob Graham says the CIA is making sh*t up. Holy Joe says they always told him the truth.  At least one Republican disagrees...sometimes. Still, I applaud the Wingnutosphere's sudden, inexplicable desire for accountabilty.

Hit & Run: Drug Czar calls for an end to the 'War on Drugs'

The Brad Blog: Rove to be questioned by Special Prosecutor on U.S. Attorney firings today

Happy Valley News Hour: The Fanboyification of the GOP

The Reaction: Does anybody really give a damn other than the "variable values" lunatics?

The Political Carnival: Scouts train to fight terrorists



The right-wing pundits love to hurl insults and ridiculous talking points about the Obama administration. The newest one to date is that what we've really got here is a "Banana Republic." The media won't tell you this, so the blogs have to. Right-wingers were quite happy to try to prosecute Bill Clinton after he left office and weren't shy about their feelings.

Jamison Foser has the lowdown on the bottom feeders:

Gaps in the Right's "banana republic" rhetoric

... In fact, Sean Hannity argues in favor of investigations and prosecutions of past administrations -- as long as the past administrations are Democratic administrations.

In April of 2000, for example, when independent counsel Robert Ray (Ken Starr's successor) suggested that he might indict Bill Clinton when Clinton left office, Hannity said he thought that should happen. On January 21, 2001 -- the day after George W. Bush replaced Clinton in office -- Hannity reiterated that position. In March of 2001, Hannity argued that there should be a special prosecutor to investigate Clinton pardons, and that Clinton attorney general Janet Reno should be indicted...read on

--

What really lends this a through-the-looking-glass quality, however, is that the conservative media who now denounce potential investigations of torture by portraying it as a mere policy disagreement previously sought investigations of a pardon. Whether or not you think all of Clinton's pardon decisions were correct, there is pretty much nobody who denies that he had the authority to make those decisions -- so investigating the pardons essentially was investigating a policy disagreement. Torture, on the other hand, is not a policy disagreement; it is a crime. Thus, the Journal's case against investigating the Bush administration better applies to investigations of the Clinton administration -- investigations the Journal supported.

That's what the conservative media consists of: partisans offering inconsistent, insincere, and nonsensical arguments on behalf of torture and the depraved thugs who authorized it.

They are hypocrites, crooks and liars -- the whole lot of them.



The Village joins in the torture-prosecution freakout

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It wasn't just Karl Rove and the Bush White House crew that was freaking yesterday over President Obama's statement yesterday leaving the door open for prosecutions of the architects of Bush's torture regime -- indicating he'd leave the decision up to the Attorney General. (There was also growing speculation that AG Eric Holder might appoint a special prosecutor to investigate the matter.)

No, it seemed the entire Village was in an uproar. Especially over at Fox, where the dismay was universal. Especially funny on Fox's All Star Panel yesterday afternoon was Morton Kondracke, the Faux Designated Liberal, who blamed it all on MoveOn.org and the liberal bloggers.

Oh, and NBC and the New York Times, too.

Wait. Can we blame it on the French somehow too, while we're at it?



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Karl was positively freaking out yesterday afternoon over the prospect that some of his ex-colleagues at the White House might wind up being prosecuted -- or held responsible publicly -- for helping George W. Bush install a torture regime during his tenure, after President Obama's statement earlier in the day indicating he'd leave the decision up to the Attorney General.

Rove, appearing on Sean Hannity's Fox News show, was particularly frantic -- and when Rove gets frantic, he gets nasty:

Rove: Sure, as long as they've released the limits to which America will go to extract this information, let's share the information that was extracted, and saved America from further attacks. We know, for example -- it's already a part of the public record -- that the interrogation of these high-value targets kept them from being able to attack Los Angeles by flying airplanes into the Liberty tower, the tallest building in Los Angeles, which was one of their plans.

But look, let's step back for a minute. What the Obama administration has done in the last several days is very dangerous. What they've essentially said is, If we have policy disagreements with our predecessors, what we're going to do is we're going to turn ourselves into the moral equivalent of a Latin American country run colonels in mirrored sunglasses. And what we're going to do is prosecute, systematically, the previous administration, or threaten prosecutions against the previous administration, based on policy differences.

Is that what we've come to in this country? That if we have a change in administration from one party to another, that we then use the tools of the government to go systematically after the policy disagreements that we have with the previous administration? Now that may be fine in some little Latin American country that's run by, you know, the latest junta. It may be the way that they do things in Chicago. But that's not the way we do things here in America.

Hmmmm. Last I looked, Chicago was here in America.

But more to the point: Karl's sounding like someone who's already looking over his shoulder at congressional subpoenas.

And even more to the point: Sorry, Karl, but working for the White House is not a Get Out of Jail Free card. If you broke the law -- and particularly if you and your pals are war criminals according to American law for having not merely permitted but avidly constructed a torture regime -- the appropriate justice needs meting out.

Of course, we keep hearing about how Torture Saved Us From Terrorists -- notably the overhyped

and debunked "Los Angeles Tower plot."

Funny thing about that -- back in 2006, it was Wiretapping Saved Us From Terrorists.

Yes, the same overhyped "plot."

Rove will have to do better than that if he wants to stay ahead of those rapidly gaining footsteps.



Rep. Jerry Nadler: Impeach Judge Bybee

The air all around is percolating with the sounds of impeaching Jay Bybee, author of a torture memo. Rep. Jerry Nadler is calling for it now.

Rep. Jerry Nadler, a senior Democrat on the House Judiciary Committee, called Monday for the impeachment of federal judge Jay Bybee, one of the principal authors of the torture memos released last week by the Obama administration.

"He ought to be impeached," Nadler said in an interview with the Huffington Post. "It was not an honest legal memo. It was an instruction manual on how to break the law."

Nadler, a New York congressman, is chairman of Judiciary's Constitution, Civil Rights, and Civil Liberties Subcommittee. Bybee is currently serving a lifetime term on the Ninth Circuit Court of Appeals, appointed in 2003 and confirmed before it was publicly known that he had authorized the torture of detainees.

Nadler is meeting with Attorney General Eric Holder on Tuesday to argue that the release of the torture memos further buttresses a call he had made earlier for a special prosecutor on torture.

Digby finds that Bybee has retained legal council because so far, President Obama has been mum on him:

Anything could happen:

The Obama Administration assured CIA employees Thursday that they would not be prosecuted, but the White House has offered no cover to Bybee or other government lawyers.

So for now, Bybee is on his own. The good news, however, he’s got a nationally recognized lawyer on his side, Latham & Watkins’s Maureen Mahoney, who’s handling the case pro bono. In an e-mail Thursday, Mahoney said Bybee has recused himself from Latham cases, but offered no further comment on his case.

Of course Rahm said yesterday that Obama didn't want to prosecute any former officials. But it's not really Obama's decision and it certainly isn't Rahm's. And the fact that they are out there saying it is --- for political reasons no less ("national unity" etc) --- means it behooves Holder to appoint a special prosecutor.

Bybee certainly seems to understand that he's got some issues if he has one of the top conservative lawyers in the country as his defense lawyer. He's smarter than he seems.

You can sign the petition to have the California Democratic Party Convention vote to impeach Bybee, here.

Please sing the petition. Holder was appoint a special prosecutor not named Starr to investigate.