Obstruction charges coming in USA case? Outside e-mails point to scheme to avoid WH records law.

[leveymg]

Since the US Attorney's case broke, it has been reported that Congress is interested in why discussions about firings were being carried out on a non-official e-mail server at the White House between Karl Rove's Assistant, Scott Jennings, and Alberto Gonzales' Chief of Staff, Kyle Sampson.

If the WH was using outside e-mail to avoid the record-keeping requirements of the Presidential Records Act (PRA) -- and if that was part of a larger pattern of avoidance of the PRA within the Executive Office -- that may lead to a call for an independent counsel to pursue Obstruction of Justice charges in the US Attorney's firings.

We know that White House Counsel Fred Fielding is trying like crazy to withhold INTERNAL presidential documents from Congressional investigators -- it may turn out that the White House did not generate legally required memos related to decisions to fire the US Attorneys. There's a question about whether Bush even signed any order demanding the resignations of certain US Attorneys who left less than voluntarily. See, http://blog.citizensforethics.org/node/749; cf, http://thinkprogress.org/2007/03/21/snow-gap

The PRA requires that "the President shall take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of his constitutional, statutory, or other official or ceremonial duties are adequately documented and that such records are maintained as Presidential records." That law also applies to the decision-making of President's appointees, including Karl Rove and Albert Gonzales. http://www.archives.gov/about/laws/presidential-records.html

Potentially, this failure to meet PRA records requirements could lead to Obstruction charges being filed against all involved, including Bush.

The possible violations of the PRA was first reported a week ago, when we saw the first of the e-mails to Sampson from Jennings, Rove's Deputy, on the gwb.43.com server: http://www.tpmmuckraker.com/archives/002771.php

CREW: White House Breaking Records Law?
By Paul Kiel - March 15, 2007, 2:24 PM
A number of readers have pointed out that Karl Rove's deputy at the White House, Scott Jennings, used an outside domain, gwb43.com, for his emails. The domain, it turns out, is owned by the Republican National Committee.


Now Citizens for Responsibility and Ethics in Washington has sent a letter to House government reform committee Chairman Henry Waxman (D-CA) requesting an investigation of whether the White House has been violating the Presidential Records Act -- in an attempt to keep certain correspondence away from prying eyes.

Jennings use of the RNC's email "raises serious questions about whether the White House was trying to deliberately evade its responsibilities under the PRA, which directs the president to take all necessary steps to maintain presidential records to provide a full accounting of all activities during his tenure," says CREW.

And there's evidence that Jennings' use of an outside domain was a pattern in Rove's office. CREW points out that Karl Rove's former assistant Susan Ralston also frequently used outside domains to communicate to her old boss, Jack Abramoff.

The Washington Post reported yesterday that House Democrats are also planning on investigating the White House's use of outside domains for correspondence. Namely:

Democratic congressional aides said they will investigate whether using the private address for government business violated laws against using taxpayer resources for political work or signaled that White House officials considered the firing of U.S. attorneys to be primarily a political issue. Jennings did not return a call to his office seeking a comment.

SNIP

The thing about the PRA is that the Act carries no direct penalties for violation. That fact may have caused the White House staff to get very, very cavalier about avoiding its requirements. In fact, if they failed to keep records of their decision-making to fire US Attorneys who were pursuing criminal investigations, that's an Obstruction of Justice (OOJ) violation. As you will recall, Scooter Libby was prosecuted for OOJ.

Here's an article about the OOJ implications in the US Attorney's case, and how that ties in with Fielding's tug-of-war with Congress over internal White House records: http://www.dailykos.com/story/2007/3/10/21543/2678

THE 240-DAY GAP: The Missing White House Memos
by leveymg
Thu Mar 22, 2007 at 01:46:15 PM PDT
Where are the President’s records of internal deliberations about the USA firings?

Earlier today, the Senate followed the House in announcing it was ready to issue subpoenas for testimony and documents showing internal White House deliberations about the decision to fire eight U.S. Attorneys.

White House Counsel Fred Fielding had offered in a letter Tuesday to provide closed door, off the record "interviews", but no internal White House documents.

While many of us would like to see Karl Rove and Harriet Miers grilled under the klieg lights, the real gold is more likely in the documents -- or, rather, in the lack of them.

That’s because the White House probably didn’t keep anything in writing that documents exactly what higher-ups said to each other about "the real problem we have right now", as Kyle Sampson's 05/11/06 e-mail characterized then breaking news that US Attorney Carol Lam was investigating Appropriations Chair Jerry Lewis (R-CA). The failure to make and keep just those sorts of internal Presidential records is a violation of the law, and opens the decision-makers to Obstruction of Justice charges if they fail to turn them over.

MORE below . . .

Keep your eyes on this one, and you might want to remind your Congressman and Senator to push for a full investigation of whether the White House, indeed, tried to avoid the presidential records law.

[soothsayer]

1. Excellent find! They're subversive little mf-ers, aren't they?

[notadmblnd]

2. These are the RNC servers they were using?

I sent the info to Conyers earlier this week. I'm hoping someone in congress is paying attention.

[leveymg]

5. Yes - they caught that part of it. Nobody else is publicly talking about OOJ implications, yet.

The PRA violations is potentialy a much bigger legal issue than they want to talk about at this point. I suspect this is being waved over Gonzales' head as an inducement for his retirement and the opening of what records the White House may have, in fact, kept.

[notadmblnd]

9. We need to put as much attention into to this as we did with Mrs. Edwards the other day

pushing this info out.

[npincus]

25. how can Congress obtain these RNC 'secret' server emails?

Do you think this is coming next?

[loudsue]

48. And I mentioned it in a note to Waxman. Let's keep it up!

They need to lock-down the RNC computer server, even if the repervlikins would scream bloody murder that it was partisan. The truth is, the pervs are ANTI-AMERICAN!! And they've broken the phucking LAW!! The Democrats are about a nation of laws, where people can feel SAFE from criminals.... ESPECIALLY the criminals in government, throwing away our constitution along with our tax dollars!!

:kick::kick::kick:

[SpiralHawk]

3. Why are republicons always devious? Why do they lie to America?

Why do republicons hate our system of democracy?

Why do republicons hate America?

[leveymg]

8. They believe you can't take and hold dictatorial power in America openly.

They may be right about that.

[blm]

41. Because they are working for the fascist BFEE now - America is soooo... 60s, man.

.

[fasttense]

4. I've felt all along it was obstruction of justice.

I mean the firings were designed to keep good little bushies from prosecuting criminal little repukes. It has always been about obstructing justice. This just shows they are more than willing to do it.

[natrat]

6. hard to believe that dishonesty/deception is so institutional with these people

[Hubert Flottz]

7. K&R...

"Nobody IS above the law!"

[bdamomma]

23. apparently they have not been taught that.

Nobody is above or below the law.

[RedEarth]

10. KR great post leveymg.......BobcatJH reported on some of this a few days ago...........

People here at DU should read his blog......it's outstadning...excellent writer and in-depth analysis.

......link to his bog at DU with his posting on the emails....

http://journals.democraticunderground.com/BobcatJH/285

[leveymg]

11. Excellent piece by Hughes & McEwen.

Highly recommended read.

[annabanana]

12. OUTstanding!

Leahey DOES have twinkling eyes doesn't he.. (His appearance on Countdown, and his general outlook there have been noted here)

[Cessna Invesco Palin]

13. One slight problem with this article...

- that may lead to a call for an independent counsel to pursue Obstruction of Justice charges in the US Attorney's firings.


AFAIK no such thing as an Independent Council exists any more.

[leveymg]

15. Make that a U.S. Attorney

Thanks for pointing that out.

[annabanana]

16. Can I recommend Mr. Fitzgerald?. . . . . . n/t

[leveymg]

17. Or, Carol Lam . . . . . n/t

[Cessna Invesco Palin]

46. No, she got fired for smoking pot on her lunch break.

A.k.a. "poor performance."

Sheesh, read a newspaper. :evilgrin:

Actually, the idea of one of the fired USAs beating the crap out of bushco for firing the rest of the USAs is pretty entertaining. :)

[Buttercup McToots]

14. This is Good!!

:applause:

[Buttercup McToots]

18. I mean, don't ye just feel it...?

All this stuff going on under the covers...Christ, ye get a headache just
trying tae keep up with all the manipulations and movements on this
chess board...It's like there is a whole other world under this one...and it scares the hell out of me...
The only thing that gives me relief is that I am sure there are
a hell of alot of others that feel this too and are slowly but surely helping to
peal back the rotten carpet with a can of raid in their hands...

But this rot didn't just appear...it's been here along time...spreading into the walls and the floorboards...distroying from inside out...

When the sun comes up, I think our mouthes will drop open at the extend
of the rot and damage.
:dem:

[leveymg]

20. Kinda like the first dawn after Katrina.

There's no house left. The whole street's gone. No, the entire Parish is underwater, and they're shooting the survivors.

[Buttercup McToots]

21. Yes

oh yes....just like that...

Thank you leveymg and hold on tight to
your can of Raid...

[leveymg]

22. I'm ready, come what may

[jazzjunkysue]

24. The scariest thing is the main stream media has always known, and

they've been refusing to report it.

Now, it seams, the media or the business owners have decided this unending neo-con war isn't making them as rich as they had hoped, and so now they're pulling the plug and reporting.

So, you have to ask yourself,

WHAT ELSE DO THEY KNOW THAT WE DON'T KNOW?

[Buttercup McToots]

28. Correct...

Is everyone bought?

[jollyreaper2112]

19. something else to check on

I remember seeing a quote on DU about how Bush hates using electronic mail and how nobody in the WH likes to do so. I remember there being a comment about accountability or something, not liking papertrails, electronic or otherwise. I remember at the time I thought "hmm, just what nefarious stuff does he not want to be recorded nixon-style?"

[Eurobabe]

26. Their goose is cooked

[npincus]

27. keeping it kicked

[DemReadingDU]

29. Thanks for all this info connecting the dots!

[Joanne98]

30. Maybe this is what Bush meant by "the internets"....

[Old and In the Way]

31. When do we start looking at the current RNC as an organized crime syndicate

and start prosecuting them under RICO? Of course, the problem I see is that to get traction we need the DoJ to do their job. Since they are now part of the conspiracy, how do we crack this nut?

As usual, a concise and informative post, Mr. Levey. I look forward to the day when the major newspapers start asking for permission to reprint these type of posts, since they've forgotten how to do investigative reporting anymore.

[Disturbed]

34. The RWing spin is that this is merely Dem Witch Hunt

isn't going to succeed. The rug has been lifted and the dirt is being seen.

[DeepBlueC]

35. RICO prosecution...

ahhh...that would be sweet.

[Straight Shooter]

32. First thing bush did when he seized office was to seal his father's records.

That was a big red flag from the get-go, a clear signal that the bush administration would operate under the presumption that the people have no right to know.

Time to prove them wrong.

How much you want to bet that Rove's computer "crashed" not too long ago, that he's replaced it and, gosh darn, he had the old one destroyed in the interest of "national security."

[DeepBlueC]

36. and when he was governor

he did a big clean there too to get any inconvenient truths from littering his Imperial Path.

[Straight Shooter]

38. Yes. And Gonzales did a nice little job on bush's driving records.

What's bush's TDL? Something like 00000001, or something like that. History wiped completely clean.

I keep trying to forget he was governor of Texas, since I lived there during some of those years, and right in the middle of the Karla Faye Tucker debacle. :(

[DeepBlueC]

40. I'm thinking ....

Something in the minus values seems appropriate.

[Straight Shooter]

43. I'm thinking a more fitting number ...

... would be 666.

A belated welcome to DU. :hi:

[DeepBlueC]

44. bingo

[Kingofalldems]

33. I wonder if this applies to the Plame case

If so, Mr. Fitzgerald would be quite interested.

[Czolgosz]

37. I can't friggin' believe Bill Richardson is DEFENDING Gonzales and Bush's choice for AG!

I am so completely in disagreement with Richardson on this:

Question: Alberto Gonzalez happens to be a member of your community. Is this guy gonna survive? He's the first Hispanic to have that job.

Richardson: Yeah, I know. I'm rooting for him, I like the guy, I know him. I hope he survives....

Question: It occurs to me now, listening to you talk about your friend who you know, Mr. Gonzalez, it draws a stark contrast between—I haven't checked where all the other candidates are, but I know Obama is on record very clearly saying Gonzalez should step down. I suspect other Democrats running for president are maybe saying the same thing. That's a contrast between you and others on whether or not this guy should step down.

Richardson: That's right. I do believe that it's up to a president to make those decisions about Cabinet members. Obviously, Alberto's very damaged, and he's gotta be frank and testify and do what has to happen. But I think that's up to the president.

Question: So you would not call for his stepping down right now.

Richardson: No, no. And you know what? Part of it maybe is because he's the highest-ranking Hispanic ever.

Question: But wrongdoing is wrongdoing, though. If he did wrong.

Richardson: Well, I think it's more a lack of attention, lack of a plan, lack of being thorough. He's too much the president's lawyer. He's too much of a political person. And I recognize that. ... I've had conversations with him on immigration. I thought he was very competent. ... But I just think, Tavis, that this is a presidential decision. You can pick your Cabinet. And if somebody's not performing, let him go.

Source and more context: http://www.pbs.org/kcet/tavissmiley/archive/200703/20070321_richardson.html

[halobeam]

45. yeah thats very upsetting to hear this about Richardson.

[Senator]

39. kick

[southern_belle]

42. kick n/t

[formercia]

47. K&R

It's not the crime, it's the cover-up.

[Buttercup McToots]

49. The New Underworld...am I wrong?

Organized Crime Syndicate

Wikipedia, the free encyclopedia - Cite This Source


Organized crime is crime carried out systematically by formal criminal organizations. The Organized Crime Control Act (U.S., 1970) defines organized crime as "The unlawful activities of ... a highly organized, disciplined association...".

Some criminal organizations, such as terrorist organizations, are politically motivated. Mafias are criminal organizations whose primary motivation is profit. Gangs sometimes become "disciplined" enough to be considered "organized". The act of engaging in criminal activity as a structured group is referred to in the United States as racketeering. In the U.S., organized crime is often prosecuted federally under the Racketeer Influenced and Corrupt Organizations Act (RICO), Statute (18 U.S.C. Part I Chapter 96 §§ 1961-1968).

Organized crime, however defined, is characterized by a few basic qualities including durability over time, diversified interests, hierarchical structure, capital accumulation, reinvestment, access to political protection and the use of violence to protect interests.

Such criminal organizations flourish throughout the world by supplying (or sometimes only appearing to supply) services the legitimate economy cannot provide.

Overview
Criminal organizations keep illegal actions secret, and members communicate by word of mouth, telephone, or Internet. Many organized crime operations have substantial legitimate businesses, such as licensed gambling, building construction, trash hauling, or dock loading enterprises, which operate in parallel with and provide cover for drug trafficking, money laundering, prostitution, extortion, Hijacking, fraud, and insider trading, among many other possible criminal activities.
In order for a criminal organization to prosper, some degree of support is required from the society in which it lives. Thus, it is often necessary to corrupt some of its respected members, most commonly achieved through bribery, blackmail, and the establishment of symbiotic relationships with legitimate businesses. Judicial and police officers and legislators are especially targeted for control by organized crime via bribes, threats, or a combination.

Financing is made easier by the development of a customer base inside or outside the local population, as occurs for instance in the case of drug trafficking.

Globalization occurs in crime as much as it does in business. Criminal organizations easily cross boundaries between countries.

Non-traditional organized crime
In addition to what is considered traditional organized crime involving direct crimes of fraud swindles, scams, racketeering and other RICO predicate acts motivated for the accumulation of monetary gain, there is also non-traditional organized crime which is engaged in for political or ideological gain or acceptance.
Typical organized crime activities
Organized crime can be categorized:


Theft and Fraud:

Victimizing business:

hijacking of cargo trucks
robbery
bankruptcy fraud (also known as "bust-out")
insurance fraud
stock fraud (inside trading)
Victimizing individual persons:

car theft (either for dismantling at "Chop shops" or for export)
burglary
credit cards
stock fraud ("pump and dump" scam)
Victimizing state:

bid-rigging public projects
money counterfeiting
smuggling, manufacturing illegally (counterfeiting) or trading in untaxed alcohol (bootlegging) or cigarettes (buttlegging)
providing immigrant workers to avoid taxes
Providing illegal services and goods:

loansharking
bookmaking
gambling
prostitution
pornography
drug trafficking
arms dealing
murder for hire
toxic waste dumping
people smuggling
trafficking in human beings
Business and labor racketeering:

casino skimming
Insider trading
setting up monopolies in rigid market low-tech industries (e.g. garbage collecting, cement pouring)
bid-rigging
abusing labor unions

extortion (e.g. construction, transport, garment industry, longshoremen)
getting "no-show" and "no-work" jobs
using non-union labor and pocketing the wage difference
monopolizing the supply of immigrant workers with the associated people smuggling
Misc. activities:

Money laundering
Political corruption
Bullying
Kleptocracy
Piracy

[Toots]

50. Didn't Bush* by Executive Order re-write the Act so he wouldn't have to comply?

I seem to remember one of the very first things Bush* did was re-write the Presidential Records Act which was an Act of Congress, signed into Law, just so he would not have to release Reagan's papers or his father's. The Act (Law) requires all Presidential Papers must be released to the public no later than twelve years after that President left office. They could be released eight years after but must (by Law) be released before twelve years. Reagan had been out of office twelve years and his dad eight years when he took office. The Constitution is very clear on who has Law making abilities and the President is not one of them. Bush* did it though. By his re-writing the Law he created new Law which was not authorized by Congress. He has kept all those papers secret ever since..Most of his Administration came from the Reagan era and he had to protect them at all cost. What galls me the most about this is the fact no one raised any concerns ove this...Bush* got a free pass on his first violation of the Constitution. The "Liberal Media" was silent as a lamb....