Digby's Hullabaloo Posts

Push Back

I suppose we shouldn’t be surprised that since the Republicans have cancelled all congressional oversight of the executive branch that they are turning their attention to the judiciary. After all, what else do they have to do? K Street writes legislation, the leadership tells them how to vote — they have to flex their egos somewhere.

I thought that the judicial “activism” the wingnuts were so exercised about regarded judges who refuse to change the law to accomodate religious nuts as they try to enforce their sharia on the public. But, apparently not.

Congressman Sensenbrenner of Illinois Wisconsin is involving himself in an obscure drug case by outright telling the federal appeals court to change their opinion:

In an extraordinary move, the chairman of the House Judiciary Committee privately demanded last month that the 7th U.S. Circuit Court of Appeals in Chicago change its decision in a narcotics case because he didn’t believe a drug courier got a harsh enough prison term.

Rep. James Sensenbrenner (R-Wis.), in a five-page letter dated June 23 to Chief Judge Joel Flaum, asserted that a June 16 decision by a three-judge appeals court panel was wrong.

He demanded “a prompt response” as to what steps Flaum would take “to rectify the panel’s actions” in a case where a drug courier in a Chicago police corruption case received a 97-month prison sentence instead of the at least 120 months required by a drug-conspiracy statute.

“Despite the panel’s unambiguous determination that the 97-month sentence was illegal, it appears to … justify the sanctioning of both the illegal sentence and its own failure to [increase the sentence] by stating `[that the panel’s decision] not to take a cross-appeal [ensures] that the [courier’s] sentence cannot be increased.’ The panel cites no authority for this bizarre proposition and I am aware of none,” wrote Sensenbrenner, who cited a 1992 ruling as precedent for his argument that the longer prison term should have been imposed.

[…]

Apperson, who is chief counsel of a House Judiciary subcommittee, argues that Sensenbrenner is simply exercising his judicial oversight responsibilities. But some legal experts believe the action by the Judiciary Committee chairman, who is an attorney, is a violation of House ethics rules, which prohibit communicating privately with judges on legal matters, as well as court rules that bar such contact with judges without contacting all parties.

Further, the letter may be an intrusion on the Constitution’s separation-of-powers doctrine, or, at least, the latest encroachment by Congress upon the judiciary, analysts said.

David Zlotnick, a law professor at Roger Williams University in Rhode Island and an expert on federal sentencing law, said, “I think it’s completely inappropriate for a congressman to send a letter to a court telling them to change a ruling.”

Contrary to court rules, Sensenbrenner’s letter was not sent to Rivera’s appellate attorney, Steve Shobat, who received a copy only after the letter was placed in the official court file.

“To try to influence a pending case is totally inappropriate,” Shobat said. “My client had a very small role in this case, and to think that she is the focus of the head of the House Judiciary Committee? It is intimidating.”

Intimidating to whom? Aside from general right wing dickishness, why do you suppose Sensenbrenner would use a rather low level drug case like this one to challenge the separation of powers?

Naturally, the nut graf comes at the very end of the article. Hold on to your hats:

At sentencing, U.S. District Judge Blanche Manning imposed the 97-month term, citing a 1993 court ruling that allowed that the drug quantity that relates to an individual be taken into account in imposing a sentence less than the minimum required.

At the time, federal prosecutor Brian Netols told Manning, “I think that would be the appropriate sentence.”

Shobat appealed, contending the sentence still was too high. The U.S. attorney’s office did not appeal the sentence as a violation of the 120-month minimum.

The three-judge panel on the case, Frank Easterbrook, Ilana Diamond Rovner and Diane Wood, issued its opinion, written by Easterbrook, stating that the sentence should have been 120 months.

“By deciding not to [challenge the 97-month sentence], the United States has ensured that Rivera’s sentence cannot be increased,” the opinion states.

Apperson said the committee learned of the decision after being contacted the day of the ruling by “a citizen who I assume had seen it on the court’s Web site.”

After Sensenbrenner’s letter was placed in the court file, the three-judge panel issued a revised final paragraph of its decision that added a citation explaining why it was not legal to change Rivera’s sentence and why the precedent cited by Sensenbrenner was wrong.

Sensenbrenner also wrote a letter to Atty. Gen. Alberto Gonzales, demanding that the decision be appealed further and that he investigate why the U.S. attorney’s office in Chicago did not appeal Rivera’s sentence.

Bryan Sierra, a spokesman for the Justice Department, said Sensenbrenner’s letter was being reviewed. Randall Samborn, a spokesman for U.S. Atty. Patrick Fitzgerald, declined to comment.

This is about Patrick Fitzgerald. If he’s got the full force of the GOP machine on his back, let’s hope he believes in the Chicago Way.

Hat tip to sharp commenter Samela

Update: Fitzgerald is an interesting guy. If you haven’t read this WaPo bio, check it out. He sounds like a pretty straight shooter. And a pretty scary prosecutor. I wonder if there is a plan afoot to pull an Archibald Cox. They’ve learned their lesson, though; this time they’d fire him for “cause.”

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Alert

It is vitally important that you click this link.

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Roadkill

From David Corn:

…tonight I received this as-solid-as-it-gets tip: on Sunday Newsweek is posting a story that nails Rove. The newsmagazine has obtained documentary evidence that Rove was indeed a key source for Time magazine’s Matt Cooper and that Rove–prior to the publication of the Bob Novak column that first publicly disclosed Valerie Wilson/Plame as a CIA official–told Cooper that former Ambassador Joseph Wilson’s wife apparently worked at the CIA and was involved in Joseph Wilson’s now-controversial trip to Niger.

To be clear, this new evidence does not necessarily mean slammer-time for Rove. Under the relevant law, it’s only a crime for a government official to identify a covert intelligence official if the government official knows the intelligence officer is under cover, and this documentary evidence, I’m told, does not address this particular point. But this new evidence does show that Rove–despite his lawyers claim that Rove “did not tell any reporter that Valerie Plame worked for the CIA”–did reveal to Cooper in a deep-background conversation that Wilson’s wife was in the CIA. No wonder special prosecutor Patrick Fitzgerald pursued Cooper so fiercely. And Fitzgerald must have been delighted when Time magazine–over Cooper’s objection–surrendered Cooper’s emails and notes, which, according to a previous Newsweek posting by Michael Isikoff, named Rove as Cooper’s source. In court on Wednesday, Fitzgerald said that following his receipt of Cooper’s emails and notes “it is clear to us we need [Cooper’s] testimony perhaps more so than in the past.” This was a clue that Fitzgerald had scored big when he obtained the Cooper material.

This new evidence could place Rove in serious political, if not legal, jeopardy (or, at least it should).

I think we may be getting close to a time where Karl Rove is going to decide to spend more time with his family. Bush is too politically weak to finesse this and the story comes awfully close to the Iraq lies to try to brazen it out.

I want to know the truth,’ president tells reporters

Wednesday, February 11, 2004 Posted: 1:46 AM EST

WASHINGTON (CNN) –President Bush said Tuesday he welcomes a Justice Department investigation into who revealed the classified identity of a CIA operative.

“If there’s a leak out of my administration, I want to know who it is,” Bush told reporters at an impromptu news conference during a fund-raising stop in Chicago, Illinois. “If the person has violated law, that person will be taken care of.

“I welcome the investigation. I am absolutely confident the Justice Department will do a good job.

“I want to know the truth,” the president continued. “Leaks of classified information are bad things.”

He added that he did not know of “anybody in my administration who leaked classified information.”

Bush said he has told his administration to cooperate fully with the investigation and asked anyone with knowledge of the case to come forward.

In the summer of 2003 Karl Rove thought he could get away with anything.

hubris HYOO-bruhs, noun:
Overbearing pride or presumption.

Update:

Here’s the story.

… NEWSWEEK obtained a copy of the e-mail that Cooper sent his bureau chief after speaking to Rove. (The e-mail was authenticated by a source intimately familiar with Time’s editorial handling of the Wilson story, but who has asked not to be identified because of the magazine’s corporate decision not to disclose its contents.) Cooper wrote that Rove offered him a “big warning” not to “get too far out on Wilson.” Rove told Cooper that Wilson’s trip had not been authorized by “DCIA”—CIA Director George Tenet—or Vice President Dick Cheney. Rather, “it was, KR said, wilson’s wife, who apparently works at the agency on wmd [weapons of mass destruction] issues who authorized the trip.” Wilson’s wife is Plame, then an undercover agent working as an analyst in the CIA’s Directorate of Operations counterproliferation division. (Cooper later included the essence of what Rove told him in an online story.) The e-mail characterizing the conversation continues: “not only the genesis of the trip is flawed an[d] suspect but so is the report. he [Rove] implied strongly there’s still plenty to implicate iraqi interest in acquiring uranium fro[m] Niger… “

[…]

A source close to Rove, who declined to be identified because he did not wish to run afoul of the prosecutor or government investigators, added that there was “absolutely no inconsistency” between Cooper’s e-mail and what Rove has testified to during his three grand-jury appearances in the case. “A fair reading of the e-mail makes clear that the information conveyed was not part of an organized effort to disclose Plame’s identity, but was an effort to discourage Time from publishing things that turned out to be false,” the source said, referring to claims in circulation at the time that Cheney and high-level CIA officials arranged for Wilson’s trip to Africa.

Uh. Bullshit. It was an effort to keep TIME from publishing things that turned out to be true. The big question that was swirling wasn’t who sent Wilson on the trip, for gawds sake. It was whether they knew the Niger documents were forgeries and spread it around anyway. Karl’s little phone call was an effort to cover-up the fact that the administration had lied its ass off making the case for war — Valerie Plame was a pawn they used to try to taint Wilson as some kind of hen-pecked househusband when he exposed an element of their bogus evidence. Regardless of whether Rove knew she was an NOC, and this doesn’t prove it one way or the other, it proves he was a scumbag who was engineering a cover-up. One thing we know for sure is that Wilson was right.

Karl Rove and others in the White House exposed an undercover CIA agent in order to cover up their lies about Iraq.

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The Answer

My wing-nut e-mailer weighs in with a solution:

We could keep playing the capitalist odds hoping it is our neighbors who get killed next or, very simply, we could demand that the enemy surrender. We would simply announce to the Muslim world that their support for OBL ( 52% of Muslims in London were not willing to condemn the 9/11 bombings in NYC) and his ideology has earned them the following ultimatum: change your ways and turn over OBL in one month or there will be a crater one mile wide round outside of Medina, with Gumbad-e-Khizra being precisely at ground zero. If at that point you still feel smart about following OBL toward some 5th Century mad dog Caliphate we will eliminate Mecca one terrorizing month or so later, at which point you can pray 5 times a day in the direction of the Pakistan/Afganistan border where your great savior OBL is living like a scared slimy rat in a hole.

It is so odd isn’t it, they know they can pick us off a few at a time and we will be too civilized to crush them in an instant, or is it that they know they can pick a few of us off at a time and we will be too selfish, calculating, and materialistic to risk boldly crushing them? Regardless of what they know about us though this war may eventually make us decide what we know about ourselves.

The old “nuke ’em into the stone age” never fails to give them a woody.

I wonder if he realizes that there are a lot of fetuses in Mecca and Medina?

Update: Via Kevin at Catch, I see we have a wingnut blogger on the scene who goes by the name of “Atlas” (for Atlas Shrugged, natch.) She posts on Jackson’s Junction. She’s much more thoughtful than the e-mailer above, plus she posts a glamor shot of herself with each entry (that you can click for higher res!) Here’s a taste:

War Must be Declared on those Against us

Pamela aka Atlas says BASTA! Enough hand holding, appeasing, talking “their”talk……….

THE BUSH DOCTRINE…………….either you’re with us or against us

I say, first Declare War on Syria with our Coalition (Brits, Japanese, Baltic Nations, Israel, Australia) with a tactical approach to moving into Iran. The young people Of Iran (75% of the population) will rise and fight with us.

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Ferchristsake

After returning from the summit on Friday, Bush visited the British Embassy in Washington and signed a book of condolence and laid a wreath in front of the ambassador’s residence.

Bush said the London attacks were a reminder of the “evil” of the Sept. 11 attacks and underscored that the United States and its allies were fighting a “global war on terror.”

“We will stay on the offense, fighting the terrorists abroad so we do not have to face them at home,” Bush said.

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Rights Of Passage

Wolcott writes:

Atrios asks: “Anyone else notice just how excited it seems to make certain members of our mediocracy?”

“It” being terrorism–the attacks in London and the prospect of similar attacks here.

I’ve noticed, big time. In fact, it seems like way more than “certain members”–with the sane exceptions of Michael Scheuer and Larry Johnson, nearly every guest and pundit on cable is trying to find their spot in the banshee chorus. When all of these “terror experts”–many of them affiliated with rightwing think tanks–pontificate and speculate (based on no real information) about who the perpetrators were and the nature of the long struggle we’re in, they look and sound keyed-up, keen with anticipation, eager to entertain the worst.

No kidding. They’re like a bunch of coke addicts trying desperately to re-capture that first great high that made them feel omnipotent. (“May the Lion come roaring back!”)

9/11 was a very dramatic act of terrorism, a made for TV spectacle that horrifed and riveted the world for days. Many of these people threw themselves into the fantasy that this “war on terrorism” was the gravest threat the world has ever known (MAD be damned) and that they were somehow at the center of this conflict, destined to be heroes of the age. There were even those who said overtly that the greatest generation were a bunch of free-loading socialists compared to the freedom fighting liberators of today. It was obvious from the get that there were deeper psychological issues at play.

I suspect that among those who have not had to fight a war there are always a few who regret not being able to prove themselves on the battlefield. War does seem hardwired into the human experience; the battle cry is a pretty primal thing. So, I can understand the excitement of the twenty somethings like Pat Tilman who joined up after 9/11, driven by a strong desire to test his mettle and physical courage. (Hell, that was the reason Oliver Stone joined up in Vietnam, Kerry too — it has little to do with politics.)Young men being excited about war is nothing new — and having their illusions shattered by the reality of it is nothing new either. The literature of the ages can attest to this.

That is not what we are dealing with here, however. We are dealing with a group of right wing glory seekers who chose long ago to eschew putting themselves on the line in favor of tough talk and empty posturing — the Vietnam chickenhawks and their recently hatched offspring of the new Global War On Terrorism. These are men (mostly) driven by the desire to prove their manhood but who refuse to actually test their physical courage. Neither are they able to prove their virility as they are held hostage by prudish theocrats and their own shortcomings. So they adopt the pose of warrior but never actually place themselves under fire. This is a psychologically difficult position to uphold. Bullshitting yourself is never without a cost.

And I think there is an even deeper layer to this as well and one which is vital to understanding why the right wing baby boomers and their political offspring are so pathologically irrational about dealing with terrorism. Vietnam, as we were all just mercilessly reminded in the presidential election, was the crucible of the baby boom generation, perhaps the crucible of America as a mature world power.

The war provided two very distinct tribal pathways to manhood. One was to join “the revolution” which included the perk of having equally revolutionary women at their sides, freely joining in sexual as well as political adventure as part of the broader cultural revolution. (The 60’s leftist got laid. A lot.) And he was also deeply engaged in the major issue of his age, the war in Vietnam, in a way that was not, at the time, seen as cowardly, but rather quite threatening. His masculine image encompassed both sides of the male archetypal coin — he was both virile and heroic.

The other pathway to prove your manhood was to test your physical courage in battle. There was an actual bloody fight going on in Vietnam, after all. Plenty of young men volunteered and plenty more were drafted. And despite the fact that it may be illogical on some level to say that if you support a war you must fight it, certainly if your self-image is that of a warrior, tradition requires that you put yourself in the line of fire to prove your courage if the opportunity presents itself. You simply cannot be a warrior if you are not willing to fight. This, I think, is deeply understood by people at a primitive level and all cultures have some version of it deeply embedded in the DNA. It’s not just the willingness to die it also involves the willingness to kill. Men who went to Vietnam and faced their fears of killing and dying, whether voluntarily or involuntarily, put themselves to this test.

And then there were the chickenhawks. They were neither part of the revolution nor did they take the obvious step of volunteering to fight the war they supported. In fact, due to the draft, they allowed others to fight and die in their place despite the fact that they believed heartily that the best response to communism was to aggressively fight it “over there” so we wouldn’t have to fight it here. These were empty boys, unwilling to put themselves on the line at the moment of truth, yet they held the masculine virtues as the highest form of human experience and have portrayed themselves ever since as tough, uncompromising manly men while portraying liberals as weak and effeminate. (Bill Clinton was able to thwart this image because of his reputation as a womanizer. You simply couldn’t say he was effeminate.)

Now it must be pointed out that there were many men, and many more women, who didn’t buy into any of this “manhood” stuff and felt no need to join in tribal rituals or bloody wars to prove anything. Most of those men, however, didn’t aspire to political leadership. Among the revolutionaries, the warriors and the chickenhawks, there were many who did. Indeed, these manhood rituals are more often than not a requirement for leadership. (Perhaps having more women in power will finally change that.)

The only political aspirants among those three groups who failed to meet the test of their generation were the chickenhawks. And our problem today is that they are the ones in charge of the government as we face a national security threat. These unfulfilled men still have something to prove.

And, I suspect because their leadership of the “conservative” movement has infected the new generation, we are seeing much of the same pathology among younger warhawks as well. This is why we hear the shrill war cries of inchoate bloodlust from these quarters every time the terrorists strike. It’s a primal scream of inner confusion and self-loathing. These are people whose highest aspirations and deepest longings are wrapped up in their masculinity, and yet they are flaccid failures. They are in a state of arrested development, never having faced their fears, never becoming men, remaining boys standing in the corner of the darkened hallway watching Bill Clinton emerge from a co-ed’s dorm room to lead a rousing all night strategy session — and sitting in the bus station on the way home for Christmas vacation as Chuck Hagel and John Kerry in uniform, looking stalwart and strong, clap each other on the back in brotherly solidarity and prepare to see what they are really made of. They have never been part of anything but an effete political movement in which the stakes go no higher than repeal of the death tax.

So, now we are facing a new crucible, one which the fighting keyboarders insist is an existential fight for everything we believe in. And you once again have campus Republicans sputtering about how their bake sales support the troops, trotting out their manly beer drinking as a stand-in for meeting the test of manhood their own belief system requires. Indeed, in a typical twist of reality, they claim that they are the new campus revolutionaries — as they support the power structure in every way and insist that traditional values be enforced. I have no idea if they are getting laid, but their hyper-reliance on frat boy hyperbole to prove their masculinity to one another makes me doubt it. And so the weakness of one generation is passed on to the next.

Wolcott concludes his piece wondering how the warhawks can reconcile their alleged admiration for the British “stiff upper lip,” with their own hysterical overreaction to the threat of terrorism:

The curious thing is that so many of the rightward bloggers and Fox Newswers who are hailing the Brits for their quiet stoicism and pluck don’t seem to realize they’re issuing an implicit rebuke to themselves and their fellow Americans. They’re saying, in effect, “You’ve got to admire the Brits for showing calm and quiet perserverence after these explosions–they don’t get all hysterical, overdramatic, and overreactive the way we Americans do.” They don’t seem to realize the example shown by Londoners might be a lesson to them, a model they might follow instead of playing laptop Pattons at full volume every time they feel a rousing post coming on.

Playing laptop Pattons at full volume, supporting the president and the entire power structure of the government is their only way of proving to themselves that they are warriors. They are damaged by their own contradictory past and as a result they cannot see their way through the haze of emotional turmoil to seek out and find real solutions to the problem of terrorism. They lash out with trash talk and threats and constant references to their own resolve because they are afraid. They’ve always been afraid.

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Put A Bork In It

The Carpetbagger Report asks Since when did Bork become a martyr? — and links to Jonathan Chait’s column in the LA Times that explains why Bork actually was a completely unacceptable wingnut. Nowadays, of course, he’s seen as the Joan of Arc if the right wing freakshow, but the truth is that he makes even Scalia look halfway reasonable. I recall him saying on Larry King one night during the Clinton panty raid that the president could be impeached for committing a depraved act — oral sex. He’s nutty as a fruitcake.

When I was researching something else recently I came across this little known fact (at least to me) and I wonder if anyone out ther can verify it. Maybe it’s common knowledge and I missed it — wouldn’t be the first time.

According to Wikipedia:

In the years after the Saturday Night Massacre, a well-known joke said that “borking” was “firing a man for doing exactly what he was hired to do” (i.e. Judge Bork had “borked” Archibald Cox, whose job had been to investigate criminal activities in the Nixon White House). After Bork’s confirmation hearings, however, a new meaning was given to Bork’s name: to be borked is to have one’s presidential appointment defeated by the U.S. Senate.

I knew, of course, that Bork fired Cox and I knew he was reviled for it by all but the most rabid Nixon defenders. But I never heard that called Borking. If it’s true, and the Republicans have managed to completely change the meaning of that term, then you really have to hand it to them. And Borkie owes them his immortal soul.

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Thinking Ahead

“We know that after September the 11th, our country must think differently. We must take threats seriously, before they fully materialize.”

Three weeks before London’s bus and subway bombings, a Senate committee voted to slash spending on mass transit security in the United States, a decision sure to be reversed when Congress returns next week.

[…]

In a stroke of bad timing, the Senate Appropriations Committee voted last month to slash money for rail and transit security grants to state and local government by a third from the $150 million devoted to them this year. As of May, none of the money had been distributed by the Homeland Security Department.

I don’t know, money’s pretty tight. We’ve got a useless war costing us a billion a week and we have to take the threat of having to pay taxes on your multi-million dollar estate seriously, before it materializes. There’s not a lot of extra scratch around for protecting the most obvious terrorist targets. Maybe we could station some prayer teams around the subways and bus lines.

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Send Him To The Naughty Chair

I’m tired of these Democrats acting like they won the election. Somebody needs to stand up and say, “When you win the election, you pick the nominees. Until then, shut up! Just shut up! Just go away! Bury yourselves in your rat holes and don’t come out until you win an election. When you win an election, you can put all these socialist wackos, like Ruth Bader Ginsburg and Stephen Breyer, all over the court, but until then, SHUT UP! You are really irritating me.”

I’m guessing Rush is under some stress these days and I don’t blame him. As much as I hate him, I am very much against prosecutors having the right to fish around in your medical records. I believe strongly in a right to privacy. Just like the socialists Ginsburg and Breyer. And unlike the Real Americans Scalia and Thomas.

I have a sneaking suspicion that Rush thinks he should have a right to privacy, too. I wonder if he wants the One And Only True Party to ask prospective nominees about their views on that subject or if he just believes that Dear Leader knows what’s best? He should probably get on the Dick-phone and say something because I don’t think the right to privacy is a big item on the GOP agenda. In fact, it’s highly likely that the new and improved wingnut supreme court is going to make it much more possible to put Rush in jail. There’s a silver lining to everything, I suppose.

I’m hearing this “shut up until you win an election” theme a lot and not just on the issue of confirming judges. Evidently, there is some belief on the right that if you gain a majority it means that you are not to be opposed. Which makes me wonder why we have a legislature at all. The last I heard all citizens have a right to representation to speak and oppose and do what they believe is in the interests of their constituents. For the more that 60 years that the Republicans were completely out of power or had to share it, they spoke up quite eloquently in opposition. I don’t recall the cries for them to “crawl back into their ratholes” until they won an election.

It’s an interesting insight into the fundamentally anti-democratic nature of the modern Republican party. Evidently a majority means that you shouldn’t even have to hear the opposition, much less take their input into consideration. It’s quite obvious that Rush is frustrated that even when he wins he doesn’t get to rule with total dominance. In fact, he seems more angry now than when The One True party was sharing power. It’s a remarkably immature and privileged worldview that says you should not only get your own way in all things but that you should get it without any effort at all.

And it’s creepy how preternaturally sure they seem that they will never lose another election. Either that or Rush is just a gasbag who has some neurotic need to articulate every half baked misfired synapse that passes through his cerebral cortex. And that’s pretty creepy, too.

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*ouch*

The PM was sipping tea at 10.30am when it was confirmed by his chief of staff Jonathan Powell that terrorists had hit London with force.

Mr Blair was given a chilling telephone briefing by Home Secretary Charles Clarke, who had just chaired a security meeting in a bomb-proof bunker under Downing Street.

Visibly-shaken, the PM went back to finish a session with G8 leaders but left early to make a live TV statement, vowing never to surrender to terrorists.

The contrast with President Bush’s reaction to the news about the September 11 attacks could not have been more stark.

After planes slammed into the twin towers the world saw an aide whisper the news to Mr Bush who reacted with wide-eyed panic.

The President was bundled on to his jet and kept away from Washington and New York while Vice-President Dick Cheney took shelter in a secret bunker.

But yesterday Mr Blair was strong and defiant and flew back to London to take charge of the crisis.

I especially like the “bundled on his jet” part. Where he showed resolve, of course.

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