Thursday, July 10, 2008

Hey, here's a few stories Bill O'Reilly didn't report on today. Vol. CXXXIV No. 446

By Ben Evans (AP)

Former White House adviser Karl Rove defied a congressional subpoena and refused to testify Thursday about allegations of political pressure at the Justice Department, including whether he influenced the prosecution of a former Democratic governor of Alabama.

Rep. Linda Sanchez, chairman of a House subcommittee, ruled with backing from fellow Democrats on the panel that Rove was breaking the law by refusing to cooperate — perhaps the first step toward holding him in contempt of Congress.

Lawmakers subpoenaed Rove in May in an effort to force him to talk about whether he played a role in prosecutors' decisions to pursue cases against Democrats, such as former Alabama Gov. Don Siegelman, or in firing federal prosecutors considered disloyal to the Bush administration.

Rove had been scheduled to appear at the House Judiciary subcommittee hearing Thursday morning. A placard with his name sat in front of an empty chair at the witness table, with a handful of protesters behind it calling for Rove to be arrested.

A decision on whether to pursue contempt charges now goes to the full Judiciary Committee and ultimately to House Speaker Nancy Pelosi.

House Republicans called Thursday's proceedings a political stunt and said if Democrats truly wanted information they would take Rove up on an offer he made to discuss the matter informally.

The House already has voted to hold two of President Bush's confidants in contempt for failing to cooperate with its inquiry into whether the administration fired nine federal prosecutors in 2006 for political reasons.

The case, involving White House chief of staff Josh Bolten and former White House counsel Harriet Miers, is in federal court and may not be resolved before Bush's term ends in January.

The White House has cited executive privilege, arguing that internal administration communications are confidential and that Congress cannot compel officials to testify.

Rove says he is bound to follow the White House's guidance, although he has offered to answer questions specifically on the Siegelman case — but only with no transcript taken and not under oath.

Democrats have rejected the offer because the testimony would not be sworn and, they say, could create a confusing record.

Rove has insisted20publicly that he never tried to influence Justice Department decisions and was not even aware of the Siegelman prosecution until it landed in the news.

Siegelman — an unusually successful Democrat in a heavily Republican state — was charged with accepting and concealing a contribution to his campaign to start a state education lottery, in exchange for appointing a hospital executive to a regulatory board.

He was sentenced last year to more than seven years in prison but was released in March when a federal appeals court ruled Siegelman had raised "substantial questions of fact and law" in his appeal.

Siegelman and others have alleged the prosecution was pushed by GOP operatives — including Rove, a longtime

Texas strategist who was heavily involved in Alabama politics before working at the White House. A former Republican campaign volunteer from Alabama told congressional attorneys last year that she overheard conversations suggesting that Rove pressed Justice officials in Washington to prosecute Siegelman.

The career prosecutors who handled Siegelman's case have insisted that Rove had nothing to do with it, emphasizing that the former governor was convicted by a jury.













By Eric Lichtblau

WASHINGTON — The Senate gave final approval on Wednesday to a major expansion of the government’s surveillance powers, handing President Bush one more victory in a series of hard-fought clashes with Democrats over national security issues.

The measure, approved by a vote of 69 to 28, is the biggest revamping of federal surveillance law in 30 years. It includes a divisive element that Mr. Bush had deemed essential: legal immunity for the phone companies that cooperated in the NSA wiretapping program he approved after the Sept. 11 attacks.

The vote came two and a half years after public disclosure of the wiretapping program set off a fierce national debate over the balance between protecting the country from another terrorist strike and ensuring civil liberties. The final outcome in Congress, which opponents of the surveillance measure had conceded for weeks, seemed almost anticlimactic in contrast.

Mr. Bush, appearing in the Rose Garden just after his return from Japan, called the vote “long overdue.” He promised to sign the measure into law quickly, saying it was critical to national security and showed that “even in an election year, we can come together an d get important pieces of legislation passed.”

Even as his political stature has waned, Mr. Bush has managed to maintain his dominance on national security issues in a Democratic-led Congress. He has beat back efforts to cut troops and financing in Iraq, and he has won important victories on issues like interrogation tactics and military tribunals in the fight against terrorism.

Debate over the surveillance law was the one area where Democrats had held firm in opposition. House Democrats went so far as to allow a temporary surveillance measure to expire in February, leading to a five-month impasse and prompting accusations from Mr. Bush that the nation’s defenses against another strike by Al Qaeda had been weakened.

But in the end Mr. Bush won out, as administration officials helped forge a deal between Republican and Democratic leaders that included almost all the major elements the White House wanted. The measure gives the executive branch broader latitude in eavesdropping on people abroad and at home who it believes are tied to terrorism, and it reduces the role of a secret intelligence court in overseeing some operations.

Supporters maintained that the plan includes enough safeguards to protect Americans’ civil liberties, in cluding reviews by several inspectors general. There is nothing to fear in the bill, said Senator Christopher S. Bond, the Missouri Republican who was a lead negotiator, “unless you have Al Qaeda on your speed dial.”

But some Democratic opponents saw the deal as “capitulation” to White House pressure by fellow Democrats.

“I urge my colleagues to stand up for the rule of law and defeat this bill,” Senator Russ Feingold, Democrat of Wisconsin, said Wednesday as the outcome was all but assured.

The final plan, which overhauls the Foreign Intelligence Surveillance Act passed by Congress in 1978 in the wake of Watergate, reflected both political reality and legal practicality, supporters said.

Wiretapping orders approved by secret orders under the previous version of the surveillance law were set to begin expiring in August unless Congress acted. Heading into their political convention in Denver next month and on to the November Congressional elections, many Democrats were wary of handing the Republicans a potent political weapon.

The issue put Senator Barack Obama, the presumptive Democratic presidential nominee, in a particularly precarious spot. He had long opposed giving legal immunity to the phone companies that took part in the N.S.A.’s wiretapping program, even threatening a filibuster during his run for the nomination. But on Wednesday, he ended up voting for what he called “an improved but imperfect bill” after backing a failed attempt earlier in the day to strip the immunity provision from the bill through an amendment.

Mr. Obama’s decision last month to reverse course angered some ardent supporters, who organized an Internet drive to influence his vote. And his position came to symbolize the continuing difficulties that Democrats have faced in striking a position on national security issues even against a weakened president. Senator Hillary Rodham Clinton, Democrat of New York, who had battled Mr. Obama for the nomination, voted against the bill.

Senator John McCain, the likely Republican presidential nominee, was campaigning in Ohio and did not vote, though he has consistently supported the immunity plan.

Support from key Democrats ensured passage of the measure.

Senator John D. Rockefeller IV, the West Virginia Democrat who leads the intelligence committee and helped broker the deal, said modernizing the Foreign Intelligence Surveillance Act was essential to give intelligence officials the technology tools they need to deter another attack. But he said the plan “was made even more complicated by the president’s decision, in the aftermath of Sept. 11, 2001, to go outside of FISA rather than work with Congress to fix it.”

He was referring to the secret program approved by Mr. Bush weeks after the Sept. 11 attacks that allowed the N.S.A, in a sharp legal and operational shift, to wiretap the international communications of Americans suspected of links to Al Qaeda without first getting court orders. The program was disclosed in December 2005 by The New York Times.

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