Update to the post directly below:

Speaking of writing your own epitaph: It’s not the same James A. Baker.

This is particularly galling because I was aware of the earlier flap about James A Baker,even wrote about it, so I checked. When I saw the Wikipedia entry I made the assumption that it was the “real” James Baker this time, “serving quietly” in an oversight position (which I assumed to be kind of like the defense policy board or something.) Wrong, wrong, wrong. Wiki was wrong and I was wrong to have believed it.

Played For A Fool

by digby

I’m sure that most of you have already read Glenn Greenwald’s blockbuster catch today in which it’s shown that Mike DeWine submitted legislation in 2002 that would have reduced the standard for FISA wiretaps from “probable” to “reasonable” cause, but the administration’s own Office of Intelligence Policy argued against it. Needless to say, this blows General Hayden’s explanation yesterday out of the water.

One little tid-bit I don’t think people may get right away about this is that the man who issued the statement arguing against changing the law is none other than major league heavyweight, James A. Baker III.

Since 2001 he has quietly served as head of the Office of Intelligence Policy and Review. This government agency handles all Justice Department requests for surveillance authorizations under the terms of the 1978 Foreign Intelligence Surveillance Act, advises the Attorney General and all major intelligence-gathering agencies on legal issues relating to national security and surveillance, and, according to the agency website, “coordinates” the views of the intelligence community regarding intelligence legislation. Baker has often testified before Congress on behalf of Bush administration intelligence policies, and most recently has defended the USA PATRIOT Act before the House Judiciary Committee.

You. Do. Not. Fuck. With. Jim. Baker. Not even Rove would dare try it.

I think Jimbo needs to be added to the witness list as well. Maybe we can “devaaaahn the will of the administration” from him.

In June of 2002, James Baker didn’t even believe it was constitutional, necessary or practical to use this “reasonable” standard to wiretap non US citizens. It’s very hard to believe that he’s changed his mind so much that he now thinks it was fine for the administration to wiretap US citizens without any kind of warrant at all.

He’s a very slippery operator. I’m sure he’ll come up with something creative to square what the administration was already doing when he made that public judgment. But it’s going to have to be mighty creative or he’s going to look like an idiot. I don’t think James A Baker III likes looking like an idiot.

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