Wednesday, March 21, 2007

More Gapmails

But highly selective ones.

One From the Gap

One (but only one) email from the 18 days has been found.

Matt Drudge Rules His World

Kos McJoan gives us some Mark Halperin funnies, and Tbogg gives us the text of his stalkeresque love letter to Hugh Hewitt.

Dance, Tony, Dance!

Some high points with Tony today.

Ed Henry Finds a Nut

CNN:

I think also, another thing to look at, I followed up a question about executive privilege. You heard Tony Snow at the end there saying the president has no recollection of being involved in this decision to fire the US attorneys. So we asked the question then, well why are you citing executive privilege - or at least suggesting you will, and yesterday the president said the principle at stake here is candid advice from his advisers to the president - if the president was not involved in the decision, then how can you cite executive privilege on something he was really not involved in? And Tony Snow basically said, it's a good question and I don't know the answer.

Tony Snow on The 18 Day Gap

Tells the reporter to ask Justice, and only provides:

I've been led to believe that there's a good response for it, and I'm going to let you ask them because they're going to have an answer.


He looked really really uncomfortable.

Friedman in for a Friedman

But is it the final F.U.?

Go to the Tape

Think Progress has the video of the now sane Bob Barr.

Snow Job

Hey, someone in the WHPC is on the job.

What kinds of conversations does executive privilege protect?…What are the limits on privilege?'' a newspaper columnist wrote in the spring of 1998 on a subject strangely familiar today.

"Evidently, Mr. Clinton wants to shield virtually any communications that take place within the White House compound on the theory that all such talk contributes in some way, shape or form to the continuing success and harmony of an administration,'' the columnist wrote. "Taken to its logical extreme, that position would make it impossible for citizens to hold a chief executive accountable for anything.''

"Sounds like you're reading an old column of mine,'' Tony Snow, the Bush administration's press secretary, said today, readily recognizing his nine-year-old words read back to him today at a press gaggle in which Snow was arguing for Bush's right to protect the internal deliberations of his White House staff.

In March 1998, Snow wrote for the Detroit News, in which this column appeared. Today, he is press secretary for another president confronting an aggressive Congress. It's a different situation, Snow insisted.

With credit to Olivier Knox of Agence France-Presse for a deft piece of document research, here is a copy of the column that Snow published in the Detroit News on March 29, 1998:



...CD interviews Knox.

Giving It All Away

Following up on the post below, I'm not advocating that artists and record companies give all their product away for free. I recognize that there are legitimate IP/copyright concerns. The point is simply that the industry has spent the last decade or so focused on trying to maintain their old marketing/distribution models instead of recognizing the new reality and figuring out how to exploit it. That may, in fact, involve giving away lots of content for free. Or maybe not. But radio stations have been giving away content for free for decades, sometimes after large checks were written to them by record companies.

The point is that the internet and .mp3s are here, they aren't going away, and instead of fighting it record companies need to figure out how to creatively exploit that to, yes, hopefully make lots of money.

Barr

Bob Barr is on CNN sounding extraordinarily sensible. I would have never guessed that out of all of the impeachment cast of characters, his post-Clinton existence would involve an incredible diminishing of his level of hacktitude.

Served

House committee votes to subpoena Karl and Harriet.

Cable News Ratings

I continue to be amazed at the apparent inability of cable news programmers to see the obvious patterns in the ratings. On CNN and MSNBC, the most Republican-friendly shows (zahn and tucker respectively) are low-rated. The only "liberal on TV," Keith Olbermann, beats them all. No one is actually watching golden boy Glenn Beck's show, despite his massive promotion all over the place. His show probably costs about 5 cents to produce, but still.

Any sensible person would see that Olbermann's audience generally drops off a lot when Joe Scar comes on the air, and think about how to retain that audience.

Broken Promotion Machine

My guess is that the music industry's biggest problem is their failure to adapt to the need for new marketing. Listening to music radio on my recent car trip (I rarely listen to music radio otherwise) I basically heard no "new" music except for a bit of dance and hip-hop music. MTV doesn't play videos anymore. Instead of exploiting the desire of people on the internet to promote their stuff for free, they're obsessed with royalties and DRM. It's bizarre to me that an industry notorious for its payola scandals - paying radio stations to pay their crap so that people can hear it for free - simultaneously obsesses about the possibility that people might actually throw up a song on the internet so that people can hear it for free. It's called promotion.

There's a lot more decent music floating around than when I was a teenager, and you can find it if you spend some time looking for it, but there seems to be absolutely no mainstream media marketing or play of most of it.

Speaking of Philly Politics

This is actually pretty funny and well done.

The Decider

Tbogg:


One thing that is fascinating about George Bush is how little he has grown in office. No, that's not right. It's not that he hasn't grown, he has gotten smaller; less Presidential, more sad little man watching his paper boat circle the drain. After six years of playing The Decider he should at least have a thin candy shell of gravitas as opposed to coming across like one of those guys on Peoples Court who not only has an unshakable belief that people won't see through his bullshit, but that no one will notice his artful comb-over either.

As bad a president as George W. Bush has been (and lets face it, not only is he the worst ever, he's actively lobbying to be considered worse than at least the next five, possibly six presidents, and that includes President Patrick McHenry [warning: video] who will come to power following the Great Munchkin Uprising of 2021. You don't want to know...) he is a worse person and it shows whenever he is under pressure; he melts down into a greasy little puddle of glares and smirks and incipient panic. But tonight was special. Tonights performance lays to rest any notion other than the fact that he's not a very bright man who has nothing but contempt for a world that refuses to dumb down for him.

Ballot Challenge

Philadelphia elections always involve the ritual "trying to throw your opponent off the ballot" dance. Though Mayoral candidate Congressman Bob Brady's (D) problem here isn't necessarily the technical disclosure issue which might get him thrown off, but the ethics of getting compensation for a "no-show" job.

On the stand, Brady said he did not work 140 hours a month at the carpenters' union - though documents subpoenaed from the union show it contributes to his pension as though he did.

"I don't know what you're talking about," Brady shot back after Rosen asked a series of questions about his carpenters' pension. "I don't know what you mean by vesting," Brady said at one point. "I just don't understand what you're saying."

Throughout his testimony, Brady maintained he was not actually drawing income from the union pension yet - echoing his legal team's argument that he was not obligated to disclose it on the form. Rosen, for his part, was looking to establish that the payments to the pension fund were made in Brady's name and thus were compensation of sorts.

18 Day Gap

What was in the missing emails?

Morning Thread

Enjoy.

Impeaching Abu G

If the White House stalls the investigation, then impeaching Abu G should pretty much be a no brainer.

The Nixon Articles of impeachment, which passed the House Judiciary Committee:

Article 1
RESOLVED, That Richard M. Nixon, President of the United States, is impeached for high crimes and misdemeanours, and that the following articles of impeachment to be exhibited to the Senate:

ARTICLES OF IMPEACHMENT EXHIBITED BY THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN THE NAME OF ITSELF AND OF ALL OF THE PEOPLE OF THE UNITED STATES OF AMERICA, AGAINST RICHARD M. NIXON, PRESIDENT OF THE UNITED STATES OF AMERICA, IN MAINTENANCE AND SUPPORT OF ITS IMPEACHMENT AGAINST HIM FOR HIGH CRIMES AND MISDEMEANOURS.

ARTICLE 1

In his conduct of the office of President of the United States, Richard M. Nixon, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his consitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that:

On June 17, 1972, and prior thereto, agents of the Committee for the Re-election of the President committed unlawful entry of the headquarters of the Democratic National Committee in Washington, District of Columbia, for the purpose of securing political intelligence. Subsequent thereto, Richard M. Nixon, using the powers of his high office, engaged personally and through his close subordinates and agents, in a course of conduct or plan designed to delay, impede, and obstruct the investigation of such illegal entry; to cover up, conceal and protect those responsible; and to conceal the existence and scope of other unlawful covert activities.

The means used to implement this course of conduct or plan included one or more of the following:

1. making false or misleading statements to lawfully authorized investigative officers and employees of the United States;

2. withholding relevant and material evidence or information from lawfully authorized investigative officers and employees of the United States;

3. approving, condoning, acquiescing in, and counselling witnesses with respect to the giving of false or misleading statements to lawfully authorized investigative officers and employees of the United States and false or misleading testimony in duly instituted judicial and congressional proceedings;

4. interfering or endeavouring to interfere with the conduct of investigations by the Department of Justice of the United States, the Federal Bureau of Investigation, the office of Watergate Special Prosecution Force, and Congressional Committees;

5. approving, condoning, and acquiescing in, the surreptitious payment of substantial sums of money for the purpose of obtaining the silence or influencing the testimony of witnesses, potential witnesses or individuals who participated in such unlawful entry and other illegal activities;

6. endeavouring to misuse the Central Intelligence Agency, an agency of the United States;

7. disseminating information received from officers of the Department of Justice of the United States to subjects of investigations conducted by lawfully authorized investigative officers and employees of the United States, for the purpose of aiding and assisting such subjects in their attempts to avoid criminal liability;

8. making or causing to be made false or misleading public statements for the purpose of deceiving the people of the United States into believing that a thorough and complete investigation had been conducted with respect to allegations of misconduct on the part of personnel of the executive branch of the United States and personnel of the Committee for the Re-election of the President, and that there was no involvement of such personnel in such misconduct: or

9. endeavouring to cause prospective defendants, and individuals duly tried and convicted, to expect favoured treatment and consideration in return for their silence or false testimony, or rewarding individuals for their silence or false testimony.

In all of this, Richard M. Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.

Wherefore Richard M. Nixon, by such conduct, warrants impeachment and trial, and removal from office.


Adopted 27-11 by the Committee on the Judiciary of the House of Representatives, at 7.07pm on Saturday, 27th July, 1974, in Room 2141 of the Rayburn Office Building, Washington D.C.

* Listen to the roll call of the Judiciary Committee on the First Article of Impeachment
* Listen to the Announcement of the Vote


Article 2
Using the powers of the office of President of the United States, Richard M. Nixon, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in disregard of his constitutional duty to take care that the laws be faithfully executed, has repeatedly engaged in conduct violating the constitutional rights of citizens, impairing the due and proper administration of justice and the conduct of lawful inquiries, or contravening the laws governing agencies of the executive branch and the purposed of these agencies.

This conduct has included one or more of the following:

1. He has, acting personally and through his subordinates and agents, endeavoured to obtain from the Internal Revenue Service, in violation of the constitutional rights of citizens, confidential information contained in income tax returns for purposed not authorized by law, and to cause, in violation of the constitutional rights of citizens, income tax audits or other income tax investigations to be intitiated or conducted in a discriminatory manner.

2. He misused the Federal Bureau of Investigation, the Secret Service, and other executive personnel, in violation or disregard of the constitutional rights of citizens, by directing or authorizing such agencies or personnel to conduct or continue electronic surveillance or other investigations for purposes unrelated to national security, the enforcement of laws, or any other lawful function of his office; he did direct, authorize, or permit the use of information obtained thereby for purposes unrelated to national security, the enforcement of laws, or any other lawful function of his office; and he did direct the concealment of certain records made by the Federal Bureau of Investigation of electronic surveillance.

3. He has, acting personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens, authorized and permitted to be maintained a secret investigative unit within the office of the President, financed in part with money derived from campaign contributions, which unlawfully utilized the resources of the Central Intelligence Agency, engaged in covert and unlawful activities, and attempted to prejudice the constitutional right of an accused to a fair trial.

4. He has failed to take care that the laws were faithfully executed by failing to act when he knew or had reason to know that his close subordinates endeavoured to impede and frustrate lawful inquiries by duly constituted executive, judicial and legislative entities concerning the unlawful entry into the headquarters of the Democratic National Committee, and the cover-up thereof, and concerning other unlawful activities including those relating to the confirmation of Richard Kleindienst as Attorney General of the United States, the electronic surveillance of private citizens, the break-in into the offices of Dr. Lewis Fielding, and the campaign financing practices of the Committee to Re-elect the President.

5. In disregard of the rule of law, he knowingly misused the executive power by interfering with agencies of the executive branch, including the Federal Bureau of Investigation, the Criminal Division, and the Office of Watergate Special Prosecution Force, of the Department of Justice, and the Central Intelligence Agency, in violation of his duty to take care that the laws be faithfully executed.

In all of this, Richard M. Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.

Wherefore Richard M. Nixon, by such conduct, warrants impeachment and trial, and removal from office.


Adopted 28-10 by the Committee on the Judiciary of the House of Representatives.


Article 3
In his conduct of the office of President of the United States, Richard M. Nixon, contrary to his oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has failed without lawful cause or excuse to produce papers and things as directed by duly authorized subpoenas issued by the Committee on the Judiciary of the House of Representatives on April 11, 1974, May 15, 1974, May 30, 1974, and June 24, 1974, and willfully disobeyed such subpoenas. The subpoenaed papers and things were deemed necessary by the Committee in order to resolve by direct evidence fundamental, factual questions relating to Presidential direction, knowledge or approval of actions demonstrated by other evidence to be substantial grounds for impeachment of the President. In refusing to produce these papers and things Richard M. Nixon, substituting his judgment as to what materials were necessary for the inquiry, interposed the powers of the Presidency against the the lawful subpoenas of the House of Representatives, thereby assuming to himself functions and judgments necessary to the exercise of the sole power of impeachment vested by the Constitution in the House of Representatives.

In all of this, Richard M. Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice, and to the manifest injury of the people of the United States.

Wherefore, Richard M. Nixon, by such conduct, warrants impeachment and trial, and removal from office.


Adopted 21-17 by the Committee on the Judiciary of the House of Representatives.


The "unitary executive" gang has long said impeachment is Congress's primary check on the executive. Time to call their bluff.