Digby's Hullabaloo Posts

Faith Based Law Enforcement

The crippling reach of methamphetamine abuse has become the nation’s leading drug problem affecting local law enforcement agencies, according to a survey of 500 sheriff’s departments in 45 states.

More than half of the sheriffs interviewed for a National Association of Counties survey released Tuesday said they considered meth the most serious problem facing their departments.

“We’re finding out that this is a bigger problem than we thought,” said Larry Naake, executive director of the association. “Folks at the state and federal level need to know about this.”

About 90 percent of those interviewed reported increases in meth-related arrests in their counties over the past three years, packing jails in the Midwest and elsewhere.

The arrests also have swamped other county-level agencies that assist with caring for children whose parents have become addicted and with cleaning up toxic chemicals left behind by meth cookers.

The report comes soon after the White House Office of National Drug Control Policy restated its stance that marijuana remains the nation’s most substantial drug problem. Federal estimates show there are 15 million marijuana users compared with the 1 million that may use meth.

Dave Murray, a policy analyst for the White House, said he understands that the meth problem moving through the nation is serious and substantial. But he disagrees that it has become an epidemic.

“This thing is burning, and because it’s burning, we’re going to put it out,” he said. “But we can’t turn our back on other threats.”

That is a very, very stupid choice of words for a drug policy analyst to use:

At a conference on the scourge of methamphetamine, one item on the agenda was a tour of a seemingly unlikely place: a burn unit.

Legislators, doctors, social workers and law officials — including the federal government’s second highest-ranking drug czar — walked the halls of Vanderbilt University Medical Center regional burn center, where seven of the 20 patients were injured by fires and explosions in clandestine meth labs.

Vanderbilt doctors told Joseph Keefe, deputy director of the Office on National Drug Control Policy, and the other participants that meth cases are increasingly common and are driving up state medical expenditures. The costs of treating critically injured burn victims typically exceed $10,000 a day each — and most meth patients don’t have health insurance.

“As bad as this may sound, as a burn doctor I almost wish another drug, one less volatile that doesn’t regularly explode during the manufacturing process, would come down the pike to overtake the popularity of meth,” said the center’s director, Dr. Jeff Guy.

Standing in the doorway of one patient’s room Tuesday, Guy told Keefe that the man had spent 45 days in a hospital from an October meth blast and “has gone out and blown himself up again.”

Meanwhile the scourge of marijuana addiction has created a national shortage of Ben and Jerry’s Chunky Monkey ice cream.

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Intellectual Compost

This is fascinating. Ben Adler asked a bunch of leading conservative intellectuals whether they believed in evolution. As far as I can tell only about half of them have any intellectual integrity whatsoever, and only one is definitively honest in my opinion: Charles Krauthamer, if you can believe that. Richard Brookheiser and William F Buckley get honorable mentions.

Remember, these are highly educated people. The problem is not that they may believe in God or have a religious view of the origins of the universe. That is quite easily explained. It’s the weaselly, mushy way they try to divert the question elsewhere or explain what they know is a ridiculous position. It’s as if they are all terribly afraid that James Dobson might read TNR and berate them for not having a religiously correct fundamentalist view. William Kristol, as always, is the slickest guy around.

William Kristol, The Weekly Standard

Whether he personally believes in evolution: “I don’t discuss personal opinions. … I’m familiar with what’s obviously true about it as well as what’s problematic. … I’m not a scientist. … It’s like me asking you whether you believe in the Big Bang.”

How evolution should be taught in public schools: “I managed to have my children go through the Fairfax, Virginia schools without ever looking at one of their science textbooks.”

Grover Norquist, Americans for Tax Reform

Whether he personally believes in evolution: “I’ve never understood how an eye evolves.”

What he thinks of intelligent design: “Put me down for the intelligent design people.”

How evolution should be taught in public schools: “The real problem here is that you shouldn’t have government-run schools. … Given that we have to spend all our time crushing the capital gains tax I don’t have much time for this issue.”

David Frum, American Enterprise Institute and National Review

Whether he personally believes in evolution: “I do believe in evolution.”

What he thinks of intelligent design: “If intelligent design means that evolution occurs under some divine guidance, I believe that.”

How evolution should be taught in public schools: “I don’t believe that anything that offends nine-tenths of the American public should be taught in public schools. … Christianity is the faith of nine-tenths of the American public. … I don’t believe that public schools should embark on teaching anything that offends Christian principle.”

Stephen Moore, Free Enterprise Fund

Whether he personally believes in evolution: “I believe in parts of it but I think there are holes in the evolutionary theory.”

What he thinks of intelligent design: “I generally agree with said critique.”

Whether intelligent design or a similar critique should be taught in public schools: “I think people should be taught … that there are various theories about how man was created.”

Whether schools should leave open the possibility that man was created by God in his present form: “Of course, yes, definitely.”

Jonah Goldberg, National Review

Whether he personally believes in evolution: “Sure.”

What he thinks of intelligent design: “I think it’s interesting. … I think it’s wrong. I think it’s God-in-the-gaps theorizing. But I’m not hostile to it the way other people are because I don’t, while I think evolution is real, I don’t think any specific–there are a lot of unknowns left in evolution theory and criticizing evolution from different areas doesn’t really bother me, just as long as you’re not going to say the world was created in six days or something.”

How evolution should be taught in public schools: “I don’t think you should teach religious conclusions as science and I don’t think you should teach science as religion. … I see nothing [wrong] with having teachers pay some attention to the sensitivities of other people in the room. I think if that means you’re more careful about some issues than others that’s fine. People are careful about race and gender; I don’t see why all of a sudden we can’t be diplomatic on these issues when it comes to religion.”

Charles Krauthammer, The Washington Post

Whether he personally believes in evolution: “Of course.”

What he thinks of intelligent design: “At most, interesting.”

Whether intelligent design should be taught in public schools: “The idea that [intelligent design] should be taught as a competing theory to evolution is ridiculous. … The entire structure of modern biology, and every branch of it [is] built around evolution and to teach anything but evolution would be a tremendous disservice to scientific education. If you wanna have one lecture at the end of your year on evolutionary biology, on intelligent design as a way to understand evolution, that’s fine. But the idea that there are these two competing scientific schools is ridiculous.”

William Buckley, National Review

Whether he personally believes in evolution: “Yes.”

What he thinks of intelligent design: “I’d have to write that down. … I’d have to say something more carefully than I can over the telephone. I’m a Christian.”

Whether schools should raise the possibility that the original genetic code was written by an intelligent designer: “Well, surely, yeah, absolutely.”

Whether schools should raise the possibility–but not in biology classes–that man was created by God in his present form? : “Yes, sure, absolutely.”

Which classes that should be discussed in: “History, etymology.”

John Tierney, The New York Times (via email)

Whether he personally believes in evolution: “I believe that the theory of evolution has great explanatory powers.”

What he thinks of intelligent design: “I haven’t really studied the arguments for intelligent design, so I’m loath to say much about it except that I’m skeptical.”

James Taranto, The Wall Street Journal

Whether he personally believes in evolution: “Yes.”

What he thinks of intelligent design: “I could not speak fluently on the subject but I know what the basic argument is.”

Whether schools should teach intelligent design or similar critiques of evolution in biology classes: “I guess I would say they probably shouldn’t be taught in biology classes; they probably should be taught in philosophy classes if there is such a thing. It seems to me, and again I don’t speak with any authority on this, that the hypothesis … that the universe is somehow inherently intelligent is not a scientific hypothesis. Because how do you prove it or disprove it? And really the question is how do you disprove it, because a scientific hypothesis has to be capable of being falsified. So while there may be holes in Darwinian theory, while there’s obviously a lot we don’t know, and perhaps Darwinian theory could be wrong altogether, I think whether or not the universe is designed is just a question outside the realm of science.”

How evolution should be taught in public schools: “It probably should be taught, if it’s going to be taught, in a more thoroughgoing way, a more rigorous way that explains what a scientific theory is. … You know, my general impression is that high school instruction in general is not all that rigorous. … I think one possible way of solving this problem is by–if you can’t teach it in a rigorous way, if the schools aren’t up to that, and if it’s going to be a political hot potato in the way it is, and we have schools that are politically run, one possible solution might be just take it out of the curriculum altogether. I’m not necessarily advocating that, but I think it’s something that policy makers might think about. I’d rather see it taught in a rigorous and serious way, but as a realistic matter that may be expecting too much of our government schools.”

Norman Podhoretz, Commentary (via email)

Whether he personally believes in evolution: “It’s impossible to answer that question with a simple yes or no.”

Richard Brookhiser, National Review

Whether he personally believes in evolution: “Yes.”

What he thinks of intelligent design: “It doesn’t seem like good science to me.”

Whether intelligent design should be taught in public schools: “No.”

Pat Buchanan, The American Conservative

Whether he personally believes in evolution: “Do I believe in absolute evolution? No. I don’t believe that evolution can explain the creation of matter. … Do I believe in Darwinian evolution? The answer is no.”

What he thinks of intelligent design: “Do I believe in a Darwinian evolutionary process which can be inspired by a creator? Yeah, that’s a real possibility. I don’t believe evolution can explain the creation of matter. I don’t believe it can explain the intelligent design in the universe. I just don’t believe it can explain the tremendous complexity of the human being when you get down to DNA and you get down to atomic particles, and molecules, atomic particles, subatomic particles, which we’re only beginning to understand right now. I think to say it all happened by accident or by chance or simply evolved, I just don’t believe it.”

How evolution should be taught in public schools: “Evolution [has] been so powerful a theory in Western history in the nineteenth and twentieth centuries and often a malevolent force–it’s been used by non-Christians and anti-Christians to justify polices which have been horrendous. I do believe that every American student should be introduced to the idea and its effects on society. But I don’t think it ought to be taught as fact. It ought to be taught as theory. … How do you answer a kid who says, ‘Where did we all come from?’ Do you say, ‘We all evolved’? I think that’s a theory. … Now the biblical story of creation should be taught to children, not as dogma but every child should know first of all the famous biblical stories because they have had a tremendous influence as well. … I don’t think it should be taught as religion to kids who don’t wanna learn it. … I think in biology that honest teachers gotta say, ‘Look the universe exhibits, betrays the idea that there is a first mover, that there is intelligent design.’ … You should leave the teaching of religion to a voluntary classes in my judgment and only those who wish to attend.”

Tucker Carlson, MSNBC

Whether he personally believes in evolution: “I think God’s responsible for the existence of the universe and everything in it. … I think God is probably clever enough to think up evolution. … It’s plausible to me that God designed evolution; I don’t know why that’s outside the realm. It’s not in my view.”

On the possibility that God created man in his present form: “I don’t know if He created man in his present form. … I don’t discount it at all. I don’t know the answer. I would put it this way: The one thing I feel confident saying I’m certain of is that God created everything there is.”

On the possibility that man evolved from a common ancestor with apes: “I don’t know. It wouldn’t rock my world if it were true. It doesn’t sound proved to me. But, yeah I’m willing to believe it, sure.”

How evolution should be taught in public schools: “I don’t have a problem with public schools or any schools teaching evolution. I guess I would have a problem if a school or a science teacher asserted that we know how life began, because we don’t so far as I know, do we? … If science teachers are teaching that we know things that in fact we don’t know, then I’m against that. That’s a lie. But if they are merely describing the state of knowledge in 2005 then I don’t have problem with that. If they are saying, ‘Most scientists believe this,’ and most scientists believe it, then it’s an accurate statement. What bothers me is the suggestion that we know things we don’t know. That’s just another form of religion it seems to me.”

Ramesh Ponnuru, National Review

Whether he personally believes in evolution: “Yes.”

What he thinks of intelligent design: “To the extent that I am familiar with it, and that’s not very much, I guess what I think is this: The intelligent designers are correct insofar as they are reacting against a view of evolution which holds that it can’t have been guided by God in any way–can’t even have sort of been set in motion by God to achieve particular results and that no step in the process is guided by God. But they seem to give too little attention to the possibility that God could have set up an evolutionary process.”

Whether intelligent design should be taught in public schools: “I guess my own inclination would be to teach evolution in the public schools. I don’t think that you ought to make a federal case out of it though.”

David Brooks, The New York Times (via email)

Whether he personally believes in evolution: “I believe in the theory of evolution.”

What he thinks of intelligent design: “I’ve never really studied the issue or learned much about ID, so I’m afraid I couldn’t add anything intelligent to the discussion.”

And these are the people who railed against campus political correctness.

What do you suppose it’s like to be intellectually held hostage by people who you know for a fact are dead wrong on something? It must be excruciating.

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Big Man

“I was most impressed by the resolve of all the leaders in the room,” Bush said. “Their resolve is as strong as my resolve. And that is we will not yield to these people, will not yield to the terrorists.”

I’m sure everyone feels much beter knowing that the leaders of the G8 impressed the president with how much like him they are. Lord knows he’s impressed with himself.

Update: Via Kevin at Catch: How can he speak with his mouth so full?

FLASHBACK TO SEPTEMBER 11 [John Podhoretz]
Tony Blair’s shellshocked appearance during his initial statement earlier this morning offers the best rebuttal yet to the sleazy Michael Moore-style attack on President Bush’s behavior on the morning of September 11. It would have been a disaster for Bush to have spoken as the choked-up Blair was. This is intended as no criticism of Blair, who was clearly under a far different sort of burden at the G-8 than Bush was sitting in a classroom in Sarasota. But Blair is not the leader of the free world, Bush is, and had he seemed unable to collect himself — as would surely have been the case in that first hour after Andy Card told him about the attack on America — I can’t imagine what the day would have been like. Not that the president’s first words on 9.11, an hour after the attacks, were strong and focused. But they were more controlled.

Reading My Pet Goat while the WTC was under attack was a show of “resolve.”

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Roaring Back

Andrew Sullivan wrote:

“I wonder if this attack will be in some ways a reverse Pearl Harbor, when Britain rouses itself to a fuller commitment to the war that was already underway elsewhere, the way America finally threw its full weight behind Britain in 1941. Britain, of course, has already been deeply involved, in Iraq and Afghanistan. But this war has now struck home – in one of the most diverse and liberal and dynamic cities in the world. May the lion roar back.”

I would dearly love to know exactly what this “roaring back” would entail. Britain has already been, as he points out, roaring in Afghanistan. And it has been roaring in Iraq. It has roared in tandem and on command to everything the Bush administration asked of it.

I’m genuinely curious about this. Who should the coalition of the willing attack in retaliation for this? Where should we invade? How do the Brits go about “rousing itself to a fuller committment” … and to what?

They helped us gin up phony evidence to invade Iraq and were with us all the way. They helped us invade Afghanistan to topple the government that supports al Qaeda. They have turned a blind eye to abduction, rendition, imprisonment and torture of suspected terrorists. They support our decision employ the most coldhearted realpolitik imaginable in propping up friendly dictators in places like Uzbekistan and necessary military dictators in Pakistan.

What exactly is the macho, codpiece wielding “roaring back” plan this time? What, pray tell, is our next military move in the global war on terror?

Update: I see that Matt Yglesias is already on this. He quotes Sub-commandante Rich Lowry of the 101st keyboarders:

There should be retaliation. Find a terror camp somewhere and hit it. Terrorists should, for these purposes, be treated as one nation, and all should be held responsible for any one attack.”

I think we are a little bit past that, don’t you? We’ve already held an entire country that had nothing to do with terrorism responsible, invaded it and occupy it today. Simple missile attacks against some unassociated terorist camp sounds positively Clintonian.

No, if our response to terrorism is to continue to try to impress these terrorists with our big swinging machismo we have raised the stakes quite a bit after our little Iraq adventure. It hasn’t worked out very well as a showcase for our Imperial dominance. The only way to up the ante now is to invade a strong military country that had nothing to do with the attacks and attempt to kick their asses to show what will happen if anybody fucks with us. Russia maybe? Maybe that would “send the message” that we are too tough for terrorists to mess with. That is assuming we can do it without fucking it up, of course. Unfortunately, our track record in this regard isn’t so hot.

We might need to rethink the “retaliation” against uninvolved parties plan. It hasn’t exactly been a winner so far.

JohnS in the comments writes:

Here’s a quote from one of Sullivan’s emailers suggesting a fairly reasonable form that the “roaring” could take:

Londoners (Brits) will fight back. That is obvious. Always have always will. One thing I’ve got to disagree with you on is that there will be a push for policy change but not for the reason Galloway and others suggest. Brits will demand that we hand over the calm south to Iraqis and move troops (in particular SAS) to Afghanistan. There are some people in the mountains that we need to settle a score with.

I don’t think anybody could argue with that. Like most traitorous liberal america-haters I’ve always thought it was logical to actually go after the perpetrators instead of locking up cab drivers in cuba and invading other countries for no apparent reason. If Britain decides that they havd to go and finish the job we screwed up in Afghanistan — and pull out of Iraq to do it — I don’t find that unreasonable.

But this whole question reminds me of this interesting little tid-bit from Juan Cole’s recent article in Salon:

When British Prime Minister Tony Blair arrived in Washington on Sept. 20, 2001, he was alarmed. If Blair had consulted MI6 about the relative merits of the Afghanistan and Iraq options, we can only imagine what well-informed British intelligence officers in Pakistan were cabling London about the dangers of leaving bin Laden and al-Qaida in place while plunging into a potential quagmire in Iraq. Fears that London was a major al-Qaida target would have underlined the risks to the United Kingdom of an “Iraq first” policy in Washington.

Meyer told Vanity Fair, “Blair came with a very strong message — don’t get distracted; the priorities were al-Qaida, Afghanistan, the Taliban.” He must have been terrified that the Bush administration would abandon London to al-Qaida while pursuing the great white whale of Iraq. But he managed to help persuade Bush. Meyer reports, “Bush said, ‘I agree with you, Tony. We must deal with this first. But when we have dealt with Afghanistan, we must come back to Iraq.'” Meyer also said, in spring 2004, that it was clear “that when we did come back to Iraq it wouldn’t be to discuss smarter sanctions.” In short, Meyer strongly implies that Blair persuaded Bush to make war on al-Qaida in Afghanistan first by promising him British support for a later Iraq campaign.

Sadly, we didn’t actually finish the job in Afghanistan did we? And Blair got punked.

Of course, it’s important to point out that this terrorist attack may have had nothing whatsoever to do with Afghanistan. This genie is out of the bottle and it may very well have been a home grown operation with minimal direction or guidance from the “top brass” of al Qaeda. Which is why we really, really need to shut down the bloodlust right now and start thinking. The fact that this is called a ‘war” does not mean that there is an appropriate military solution. Unfortunately, that may lead to other equally ineffective and toxic solutions.

Ironically, Sullivans’ quote above was (confusingly)in response to an excerpt from this post by Johann Hari. The piece to which he refers is about the fact that the bombs were exploded in arab neighborhoods. Sullivan fails to quote this last part of Hari’s piece and it’s the most important point:

But another fight began yesterday: to defend our civil liberties – and especially those of the decent, democratic Muslim majority – in an age of terror. I headed for the East London Mosque – a few minutes’ walk away from the bomb in Aldgate – to watch afternoon prayers. Chairman Mohammed Bari said, “Only yesterday, we celebrated getting the Olympics for our city and our country. But a terrible thing happened in our country this morning… Whoever has done this is a friend of no-one and certainly not a friend of Muslims. The whole world will be watching us now. We must give a message of peace.” Everybody in attendance agreed; many headed off to the Royal London Hospital to give blood. But they were afraid the message would not get out: several people were expecting attacks on the mosque tonight.

Since the “retaliation” against other countries have not quelled the terrorist danger, as we knew it wouldn’t, I will not be surprised if we begin to see the fighting keyboarders begin looking closer to home.

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Brave People

Londoners are no strangers to terrorism.

London terror attacks of the past 25 years

In the past 25 years London has been rocked by regular attacks, mostly by Irish republican groups but today’s bombing is by far the most bloody with at least 33 people killed and hundreds injured.

The last attack was a car bomb in Ealing Broadway on August 3, 2001. The explosion, blamed on the Real IRA splinter group, caused no fatalities but injured seven people on a street full of restaurants and pubs.

Earlier in the same year, there were three separate attacks by the Real IRA. In mid-April and then early May, two small incendiary devices exploded at exactly the same spot outside a postal depot in Hendon, North London. No one was injured in the first attack but one passer-by was hurt in the second.

A month earlier, a bomb exploded outside the BBC Television Centre in Wood Lane, West London. The device, which was planted inside a black cab, detonated as bomb disposal experts attempted to carry out a controlled explosion. One person suffered minor injuries in the attack and the landmark building was badly damaged.

In September 2000 the Real IRA fired an anti-tank rocket at MI6’s headquarters in Vauxhall Cross, South London, causing damage to the intelligence service building but no injuries.

In the summer of 2000, bomb disposal experts performed two controlled explosions on a device planted on the Tube line near Ealing Broadway underground station. The incident was just a month after an unsuccessful attempt to blow up Hammersmith Bridge.

These attacks were the first by Irish republicans since the IRA renewed its ceasefire in July 1997.

London was not free of terrorism in the intervening years because in May and June of 1999 the capital’s ethnic and gay communities were hit by three nail bomb attacks.

Dozens were injured and three people were killed in the space of two weeks when neo-Nazi extremist David Copeland planted the devices in Brick Lane, Brixton and Soho.

Before the nail bomb attacks, London had not suffered a terrorist incident since the IRA attempted to blow up Hammersmith Bridge for the first time in April 1996.

The bomb contained 32lb of Semtex making it the largest high-explosive device ever planted on the British mainland but only the detonator went off saving possibly hundreds of lives.

Two months earlier, in an incident similar to today’s explosion in Russell Square, Edward O’Brien, a member of the IRA, was killed when the bomb he was transporting exploded prematurely on a bus in the Aldwych in central London. The bus driver, another passenger and eight passers by were hurt in the explosion.

The incident came just a week after the IRA spectacularly ended its ceasefire with a massive bomb attack on Canary Wharf in east London’s Docklands area in February 1996.

Two local newsagents were killed in the attack and more than 100 injured. The bomb caused more than £85 million of damage.

Two years earlier the IRA launched a series of mortar rockets at Heathrow airport. The three separate assults, which occurred within the space of a week, caused widespread disruption but nobody was killed.

In the previous three years, between February 1991 and February 1994 the IRA launched 30 separate attacks in and around London. The most high profile was a mortar attack against Number 10, Downing Street when Prime Minister John Major was in residence. One of the rockets exploded in the garden injuring one person.

The most deadly attack was in April 1992 when a car bomb near the Baltic Exchange in the Financial District killed three people and injured 80 others.

In the 1980s, there were nine IRA attacks on London, the most deadly being the bombing of Harrods in December 1983. Three police officers and three civilians were killed and 90 people injured.

The 1980s also saw two other high-profile terrorist attacks on the capital. In 1984 WPC Yvonne Fletcher was killed and ten people injured after shots were fired from the Libyan People’s Bureau in central London.

WPC Fletcher had been helping control a small demonstration outside the embassy when she received the fatal stomach wound.

Three years earlier six gunmen held 26 people hostage at the Iranian embassy in London. After a six-day standoff, the SAS stormed the building killing five of the hostage takers and arresting one other. All bar three of the captives were freed unharmed. One died and two were injured in the cross-fire.

We need to remember that terrorism wasn’t invented on 9/11. Londoners have been putting up with this sick fear and horror for a long time. They are survivors.

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Thickening

More interesting stuff on Plamegate from TalkLeft and O’Donnell. Both point to one interesting piece of evidence in the court documents that indicates Fitzgerald is actually pursuing a serious crime rather than some sort of “send a message” perjury rap. O’Donnell first gives all the reasons why it’s hard to prove that Rove broke the law and then says this:

In February, Circuit Judge David Tatel joined his colleagues’ order to Cooper and Miller despite his own, very lonely finding that indeed there is a federal privilege for reporters that can shield them from being compelled to testify to grand juries and give up sources. He based his finding on Rule 501 of the Federal Rules of Evidence, which authorizes federal courts to develop new privileges “in the light of reason and experience.” Tatel actually found that reason and experience “support recognition of a privilege for reporters’ confidential sources.” But Tatel still ordered Cooper and Miller to testify because he found that the privilege had to give way to “the gravity of the suspected crime.”

Judge Tatel’s opinion has eight blank pages in the middle of it where he discusses the secret information the prosecutor has supplied only to the judges to convince them that the testimony he is demanding is worth sending reporters to jail to get. The gravity of the suspected crime is presumably very well developed in those redacted pages. Later, Tatel refers to “[h]aving carefully scrutinized [the prosecutor’s] voluminous classified filings.”

Some of us have theorized that the prosecutor may have given up the leak case in favor of a perjury case, but Tatel still refers to it simply as a case “which involves the alleged exposure of a covert agent.” Tatel wrote a 41-page opinion in which he seemed eager to make new law — a federal reporters’ shield law — but in the end, he couldn’t bring himself to do it in this particular case. In his final paragraph, he says he “might have” let Cooper and Miller off the hook “[w]ere the leak at issue in this case less harmful to national security.”

Tatel’s colleagues are at least as impressed with the prosecutor’s secret filings as he is. One simply said “Special Counsel’s showing decides the case.”

All the judges who have seen the prosecutor’s secret evidence firmly believe he is pursuing a very serious crime, and they have done everything they can to help him get an indictment.

Talkleft had brought up these documents earlier and pointed to this passage, which I agree is quite telling. Apparently Cooper had at some point used the excuse that he wasn’t culpable because he had exposed the fact that the White House was outing Plame in his article. Here is what Judge Tatel wrote in his concurring opinion:

In essence, seeking protection for sources whose nefariousness he himself exposed, Cooper asks us to protect criminal leaks so that he can write about the crime. The greater public interest lies in preventing the leak to begin with. Had Cooper based his report on leaks about the leaks—say, from a whistleblower who revealed the plot against Wilson—the situation would be different. Because in that case the source would not have revealed the name of a covert agent, but instead revealed the fact that others had done so, the balance of news value and harm would shift in favor of protecting the whistleblower. Yet it appears Cooper relied on the Plame leaks themselves, drawing the inference of sinister motive on his own. Accordingly, his story itself makes the case for punishing the leakers. While requiring Cooper to testify may discourage future leaks, discouraging leaks of this kind is precisely what the public interest requires.

It’s possible that they are only talking about perjury or lying to the FBI a la Martha Stewart. But O’Donnell is right that it’s hard to believe that a judge who is inclined to create a federal shield law would find this case so particularly distasteful that he refuses to use this precedent to do it. That passage above indicates quite clearly that, based upon the evidence he’s seen, the leak itself was criminal.

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Squealer

I think that David Corn may have nailed the Robert Novak conundrum.

That brings me to my best guess of what did happen: Novak told Fitzgerald a story that helps his sources. It went something like this:

Yes, Mr. Fitzgerald, Bush Aide X and Bush Aide Y both told me that Valerie Plame worked at the CIA and that they suspected she had sent Joseph Wilson on his now-infamous trip to Niger where he determined it was highly unlikely that Iraq had been shopping there for uranium to be used in a nuclear weapons program. But neither one of these two fine Americans told me that she was an undercover operative at the CIA. If you will again look at what I wrote, I referred to her as an “Agency operative on weapons of mass destruction.” I never reported she was in a secret position. In fact, the use of the word “operative”—which I suppose could connote a clandestine position but does not necessarily do so—was mine alone. These sources merely said to me she was employed at the CIA. As a newspaper columnist, I used the most evocative term I could think of at the time. I take full responsibility for that.

And to make everything neat and tidy, Bush Aide X and Bush Aide Y each essentially said the same thing to Fitzgerald:

I heard hallway chatter that Valerie Plame was at the CIA and that she had something to do with Wilson’s trip to Niger. I passed this on to Novak and Time magazine. I was never aware that she was working undercover or that by sharing this gossip I would be disclosing confidential information that identified a covert official. After all, as you know, Mr. Fitzgerald, not every CIA employee is a clandestine official.

Voila. No crime. A thuggish act of political retribution that destroyed a CIA officer’s career and undermined national security, yes. But no crime.

He goes on to then explain why Fitzgerald, who may have seen phone records or heard other testimony that made him suspicious, wanted to “verify” this little scenario with Cooper and Plame who clearly had contact with someone in the white house during this period..

Robert Novak would lie for his sources in a minute. He’s that much of hack. And the thing is, this is exactly what he said on the air shortly after the controversy began. He claimed that it all depends on what the meaning of “operative” is.

What’s interesting here is that Fitzgerald obviously doesn’t believe him.

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The End Of The Rationale

So, we’re fighting the terrorists in Iraq — and London — so we won’t have to fight them here?

I think the flypaper’s lost its stick.

Update: Kevin wishes that the blogosphere could not politicise this for just one day, out of respect for the dead, which I understand. I struggled with whether I should write this post for those very reasons.

But I don’t think we have the luxury of doing that, sadly, because the Bush administration has made exploiting terrorism their primary mode of governance and because of that we continue to see horrific scenes like today. Bush and his spokesmen are wasting no time is spinning this terrible event to their advantage once again.

I would like to see this as simple tit-for-tat political one upsmanship because it would mean that it wasn’t all that important. But Bush’s incompetence IS all that important and we can’t afford to let him crawl over the backs of any more dead people to boost his political fortunes.

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It’s Out There

Arianna has the hot gossip on Plamegate and it’s very intriguing:

Chatter about the Rove story has come to dominate the downtime at the Aspen Institute’s five-day Ideas Festival. Whenever participants are not in sessions, they’re gathering in small groups and dissecting, analyzing, and speculating about the outcome of this surprisingly slow-breaking scandal.

One such discussion took place just after David Gergen had finished a conversation with Rick Warren, author of The Purpose-Driven Life, which has sold 25 million copies in hardback! A cluster of high-powered media insiders quickly switched over to “The Gossip-Driven Reality.” The well-informed suppositions were flying faster than the peloton at the Tour de France. I can tell you what was said, I just can’t tell you who was saying it (Just look at it as an anonymous twist on the HuffPost BozBlog).

According to the players, the key to whether this story has real legs — and whether it will spell the end of Rove — is determining intent. And a key to that is whether there was a meeting at the White House where Rove and Scooter Libby discussed what to do with the information they had gotten from the State Department about Valerie Plame being Joe Wilson’s wife, and her involvement in his being sent on the Niger/yellowcake mission. If it can be proven that such a meeting occurred, then Rove will be in deep trouble — especially if it is established that Rove made three phone calls leaking the info about Plame and her CIA gig… one to Matt Cooper, one to Walter Pincus, and one to Robert Novak.

Other than intent, the other big legal question raised was: will Rove be able to get away with claiming that he did not know Plame was an undercover agent?

We all know what happened after Rove placed those calls. The question is, what will happen now?

I don’t know if Arianna just slipped that in about the State department being the source of the information on Plame, but if that’s considered a known fact among the cogniscenti then we may well be looking at Bolton or one of his Jesse Helmsian minions. And this notion of a meeting between Libby and Rove is also very interesting. I’ll be curious to see if anything more about that emerges as the lid comes off the insider DC gossip, which seems to be happening despite the mainstream media’s apparent wariness. (And lord only knows what Judith Miller’s role in all this is.) Arianna continues:

From the way they’ve acted so far, the mainstream media would rather this scandal just go away (bloggers take note).

Just look at the way Newsweek handled the Rove-outed-Plame story in this week’s edition. The editors obviously knew they had a hot story and could have pushed it hard. Instead, it’s clear that they lawyered it within an inch of its life — a bunch of legal eagles with faint hearts removing any juice and most of the meat from it.

As one of the Aspen wags put it: “Once Newsweek flushed the Koran down the toilet, you can bet they’ll think twenty times before they pull down the handle again.”

On the other hand, Norah O’Donnell is reported to have said today on MSNBC (via The Daou Report):

“This has the potential of being a HUGE scandal in Bush’s second term. This involves several senior members of the White House staff. This case has been on the verge of blowing up for several months now but this story COULD BE HUGE.”

Arianna makes a very good point when she says that bloggers should take note of the fact that the mainstream media seems very uncomfortable with this story. Perhaps it is just because they are gunshy after the Rather and Eason Jordan scalpings and they’ve become confused because this story features them in an unflattering and bewildering light. They aren’t exactly profiles in courage in the best of times.

It is, therefore, a good time for the blogs to keep pushing. I believe that we were part of the reason that the DSMs finally gained some traction — enough to make the administration nervous anyway — and I think we can have an effect on this story as well. Nobody should ever forget that Drudge was fed quite a bit of his information during the Clinton scandals by journalists who were trying to find a way to get the story into the ether so they could say “it’s out there.”

This is a strange case. The administration used the press to spread a smear and is now counting on their integrity to keep quiet. But these very same people set the precedent of funneling gossip and innunedo through alternative media in order to promote scandal and give the media an excuse to report it. Integrity is no longer necessary in order to keep one’s resume respectable. The model they created may just do them in.

One of the things we have to remember is that putting pressure on the White House is an end unto itself. When they are off their game they cannot fuck things up with as much precision. They are already having to deal with a restive right wing — and because of that it is very much to our advantage to keep Karl in the crosshairs. The religious freaks are his babies. I’ve never gotten the impresion that he’s particularly cool under pressure.

More importantly, perhaps, we might just have a remote chance to force this guy’s resignation if the heat becomes too much, regardless of the frog marching fantasy we are all harboring. You never know where these scandals are going to go. They often take on a life of their own. And Arianna draws our attention to one potential pressure point — Scotty:

This is all the more significant because of the role McClellan may eventually play in Rove’s fate. As Newsweek reported and I blogged about, when this story began heating up, McClellan went out of his way to defend Rove — saying that he’d been “assured” that Rove was not involved in the leaking.

“Rove will have no compunction about lying through his teeth to save himself, counting on the fact that Cooper’s e-mails are, apparently, not cut and dried,” one of the group said. And it doesn’t hurt that Rove’s underlings would rather fall on their swords than tell the truth… which, in the Bush White House, is seen as selling out. All of which would leave McClellan to “take one for the team and eat major crow about all the assurances he’d given the press.” Of course, if they continue to avoid asking him about it, he may not even have to do that.

I’ve often said that if you want to kill the snake you have to cut off its head. The Republicans, in my opinion, are a three headed hydra — DeLay, Rove and Norquist. All three of them are being chased by scandal. We should be asking ourselves what the Republicans would be doing if the situation were reversed. I think we know the answer.

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Logline

Joseph Wilson writing over on TPM cafe about Judith Miller’s incarcertaion frames the issue correctly.

It’s about accountability and cover up:

President Bush’s refusal to enforce his own call for full cooperation with the Special Counsel has brought us to this point. Clearly, the conspiracy to cover up the web of lies that underpinned the invasion of Iraq is more important to the White House than coming clean on a serious breach of national security.

The press is masturbating over the Judith Miller and Matthew Cooper issues but this is the way partisans should talk about this debate. This is the story we need to tell every chance we get.

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