
That stalling tactic on document production from the DoJ to Congress finally got old. A Subpoena duces tecum has been issued for any and all documentary evidence pertaining to the USAtty firings, with a return date of April 16th at 2:00 pm ET at the Rayburn Building. Cue the flash photography.
Via reader nolo, we get a peek at the letter and subpoena duces tecum language from Rep. Conyers' House Judiciary Committee to Attorney General Alberto Gonzales. Here is the link directly to the original letter and subpoena text. (PDF) I'm going to reproduce part of the text of the letter from Rep. Conyers to Gonzales here for everyone:
Attached is a subpoena for documents and electronic information that we previously requested form the Department in connection with its investigation into the circumstances surrounding the recent termination of several United States Attorneys and related matters, which the Department has furnished to us thus far only in redacted form, or has told the Subcommittee it was withholding. The subpoena is being issued pursuant to authority granted by the House Judiciary Subcommittee on Commercial and Administrative Law on March 21, 2007.I appreciate your cooperation in voluntarily supplying a number of documents in response to the Subcommittee's request. As we have written and told you and your staff on a number of occasions, however, and reiterated most recently in our letters of March 22, March 28, and April 2, 200, the incomplete response we have received thus far falls far short of what is needed for the Subcommitee and Committee to effectively exercise their oversight responsibilities in ascertaining the truth behind the very serious concerns that have been raised regarding this matter.
Our staffs have spent much time discussing our respective positions, without success. Since our initial request on March 8, we have been patient in allowing the Department to work through its concerns regarding the sensitive nature of some of these materials, and as more specifically set forth in our prior correspondence to you, we have sought to accommodate those concerns where it was possible to do. In this regard, you will note that certain items about which you have raised specific concerns are explicitly excepted from the subpoena. Unfortunately, the Department has not indicated any meaningful willingness to find a way to meet our legitimate needs, and at this point further delay in receiving these materials will not serve any constructive purpose. (emphasis mine)
A subpoena duces tecum is a legal summons which requires you to bring documents with you to an appearance -- for these purposes, to the Judiciary Committee staff, for their review. In this case, the Judiciary Committee is requesting the following in its subpoena: complete and unredacted copies of any and all documents pertaining to the firing of USAttys and any and all consideration of potential replacements thereto; complete and unredacted copies of communication with members of Congress about said terminations and/or replacements; complete and unredacted copies of communication with any of the terminated USAttys; complete and unredacted copies of correspondence with the White House with regard to handling responses to Congress and/or the media about these issues.
In the letter, Rep. Conyers specifically requests not just paper documents, but electronic data (e-mails, files, etc.) including electronic metadata such as headers, directional information, and other such useful tracking data. (Which says to me: "Don't try to erase your trail, we're on to something here.") April 16th is the day before Alberto Gonzales' testimony before the Senate Judiciary Committee. Something tells me it's going to be a bumpy few days between now and then.
UPDATE: My favorite paragraph from the Conyers letter, from the top of page 2: (PDF)
The Department is currently withholding significant information concerning U.S. Attorneys who were considered for termnation but were ultimately retained, and concerning individuals considered as replacement candidates. This information is clearly relevant to our inquiry into indications that U.S. Attorneys and candidates may have been evaluated based on improper considerations, including their willinginess to make decisions as to prosecution of public corruption cases based on whether it helped, or hurt, partisan political objectives. (emphasis mine)
And that pretty much sums up my big question. Thanks.
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Conyers!!! Waxman!!!
Elections matter.
Let the CONSTITUTIONAL CRISIS begin!
woooohoooooo christy!
If Bush wasn’t so busy worrying about this year’s brush crop at his brush ranch, he’d probably be concerned that Gonzo might be a problem going forward.
When he refuses to bring the papers by the time of the hearing, that should make for some interesting testimony. This is excellent.
Christy, thanks for clearing up the latin for me as I try to keep track of this stuff.
Popcorn ready and buttered…
musicsleuth @ 3
yes, elections have consequences!
Now: Good Consequences
but we’ll be suffering the consequences of 2000 and 2004 for decades to come.
EPU’d below:
Gonzo’s becoming quite the weight hanging from the neck of this administration, methinks he’ll be gone by week’s end. Given the shit that’s hitting the fan this week (and it’s only Tuesday!), wouldn’t the Bushies rather have an ex-administration official testifying in Congress next week?
Assuming there’s no one lined up to take his place, perhaps Abu doesn’t have permission to resign yet.
A loyal Bushie to the end.
Could it be?
Is not Karl Roves Blackberry part of the electronic data Conyers has asked for?
Inquiring minds want to know.
Can RICO be applied to the DOJ or White House?
Can a qui tam action be brought for RICO?
Inquiring minds want to know.
itwasntme @ 8
I thought you said “battered popcorn” and I was wondering what batter-fried popcorn would taste like. I mean they fry snickers, don’t they?
Conyers, Waxman, Leahy, et. al. are using the leadup to the April 17 testimony extremely effectively.
What is ironic is that they offered Gonzalez a range of dates for his testimony, some much earlier, and this is what he chose.
It says the department is withholding documents on attorneys who were considered for replacement but were retained…that is all 93 isn’t it, since at one point they considered firing all of them. Is that correct?
SUBPOENAS !! KLIEG LIGHTS !! SHOW TRIALS !!
BRING ‘EM ON !!!
I guess this is only for the DOJ. There’s nothing for Rove or Miers, right? Unless it was in the DOJ correspondence, right?
Elliott @ 9
If those decades feature the Republics as a small regional party, then maybe there’s a silver lining.
Certainly now they know about the RNC routed e-mails.
Actually, I just (stupid me) realized I can wiki the latin…
Georgesimian @ 17
The White House is next in line…
Ah, the smoking AG?
“In the letter, Rep. Conyers specifically requests not just paper documents, but electronic data (e-mails, files, etc.) including electronic metadata such as headers, directional information, and other such useful tracking data.”
Would that include “incrediblyfuckingstupidgwb43.com” emails?
Conyers letter is quite something. He politely, but clearly states that the DOJ has been withholding information, and has indicated it will continue to withhold information, and that the Congress “can not accept the Department’s unilateral judgement as to how much of this information it needs to disclose, or its unilateral judgement as to whether limited viewing of information, on Department premises and with Department supervision, and with no copying or note-taking permitted, is sufficient to permit effecive and efficient review”.
itwasntme @ 20
I think that’s illegal in Utah
I’m still not sure what happens if they don’t give up all the documents. It’s hard to play by the rules when one side doesn’t even acknowledge that any rules exist. Is there a chance anyone could actually be disciplined, or maybe even arrested? What are consequences here if the DOJ doesn’t play ball?
Mack @ 25
Not if you are wearing magic underwear.
zeppo @ 26
Contempt of Congress!
Redd, will this information then be made public, or some of it held by the commitee but not released in public?
To repeat myself from the thread below b/c it is on topic here:
1) Conyers’ laguage re: the electronic data tracks the new federal e-discovery guidleines.
E-discovery, like you use to get evidence for court cases? Hmmmm.
2) the addenda to the subpeona (where they actually describe the docs they want) limits the request to the “fired USAs” we already know about. Since the subpeonan and addenda specifically demand UNredacted versions, we may nonetheless, get to see answers to some of our questions about who else was on the hit list and how they dodged the bullet.
We may also find out who is STILL on the hit list (or was until the fertilizer hit the fan)
We will also probably find out if McNulty was set up and framed (as Kathleen seems to suspect), or if he was a willing tool. I knda hope Kathleen is right, I used to think so well of McNulty and I have been so disappointed of late, I would really enjoy being wrong about him and finding out that he really was one of the good guys.
Woohoo, indeed! This week just got a lot more interesting!
My only regret about the date for Gonzales’s testimony is that I’ll be at work. I had already scheduled vacation, and today is the last day of it (Wed Thurs regular days off, so I’ll be here for anymore subpoena fireworks, hee.)No chance of getting the 17th off, too.
I’ll be checking in at lunchtime, so you guys have to do a good job of liveblogging on the 17th. (not that I have any worries on that score)
Bay State Librul @ 28
Yes, and…..?
bustedknuckles: you have to wonder if there is any way Gonzo and the RNC can possible withhold any of the data and communications from the RNC provided laptops and Blackberries. If there is any evidence these systems were used for anything in the US Atty scandal, I would think any data must be provided per this subpoena.
Serious fireworks next week.
OT What’s up with CSPAN? They just had on deputy press secretary Perino with the WH briefing. They then say they will have more coverage on the Iraq war supplemental. This consists of a Bush speech I believe before the Foreign Legion or some other veterans group, and an interview with Senate minority leader Mitch McConnell. Is this their idea of fair and balanced? Seriously.
assuming abu gonzales doesn’t show up empty handed, will the oversight committee release the new docs to public scrutiny the way they did the first time? Then Marshall’s muckrackers will have less than 24 hours to comb thru the new stuff to find all the skeletons in order for Abu’s hearing to get *really* interesting… will be a fun night of reading all the good bits they initially left out — and speculate as to why they were left out in the first place.
Much fun to be had by all… except, perhaps, Abu Gonzales.
As I said a couple daze back, duly EPU’d… :)
=========
And LO! And so it came to pass that it was blog-commented on the Holy Day of the Bunny, that verily the “BeGonezalez” drumbeat accelerateth. I hereby repeateth and reiterateth my prediction of yore that Prince Alberto will be in the can prior to the advent of April the 17th.
The probability of that event is undeniably increasing, neh? :)
In the words of the Bush apologists who think the federal government should have access to MY e-mails and MY phone records:
“If they have nothing to hide.”
-GSD
Here we go Alberto.
Bustednuckles @ 11
No, though information sent from it and found on a DOJ server could be.
This subpeona is sent to DOJ, not the White House. So, no to the Blackberry of a WH staffer, yes to anything sent by a WH staffer to someone at DOJ containing the covered subject matter.
are the documents and subpoenas going to be the bush version of the Watergate tapes? the RNC hacks and white house flacks didn’t EVER expect the emails to see the light of day, and it is highly likely that their nefarious scheming to undermine the democratic process will be spelled out. i smell blood.
Bay State Librul @ 28
See US v Nixon — US District Judge Sirica had some things to say on this subject a few years back, and he was backed up by a unanimous Supreme Court. Paraphrasing here: “Mr. President, you must turn over the tapes. Not summaries, not redacted transcripts, but the tapes themselves. You must.”
Buy stock in document shredding contractors.
zeppo @ 32
Yes, and…..?
I hope they shackle them but I’m not a lawyer
so I defer to the Bar (where I am heading)
HISTORY DOESN’T REPEAT, IT RHYMES:
“I don’t give a shit what happens. I want you all to stonewall–plead the Fifth Amendment, cover-up, or anything else. If that will save it, save the plan.” (Nixon, 1973)
Badwater @ 18
If those decades feature the Republics as a small regional party, then maybe there’s a silver lining.
there’s a pleasant thought. Although, some might suggest dragging that remnant to the bathroom and drowning it in the bathtub.
Kagro X: maybe buy stock in companies that specialize in data recovery ;)
As relevant as this is for peeling back the administration’s obfuscation on so many levels, I can’t help but think that Gonzales et al. are privately thinking, “Thank God they’re not looking into the FISA issues.”
Hugh @ 34
Come on, now, they have to represent the 30% as if they were 50%
Samson- @ 39
Yes. ;)
in the spirit of Atrios - simple answers to simple questions.
It’s always easier after the first time.
This subpoena is from Conyers in the House. Next week is the Senate Judiciary committee hearing. These docs will not likely have been analyzed enough to be useful on the 17th. That’s assuming they bother to respond to the subpoena.
thingwarbler @ 35
Yeah, we need to set our schedules…
I phrased it wrong, sorry.
We know Karl had input on this, so did Miers.
Even though they are technically not part of the DOJ, the way they have politicised the department makes me want to think that this might yet see the light of day, we’ll see.
I sure hope they drag as many into this as possible so it can get untangled for all to see.
Badwater @
6
Bush is a noted partisan of cellulosic ethanol, as you may know. He once mentioned switchgrass in a SOTU I seem to recall.
albert fall @ 12
RICO can be aplied to any corrupt “enterprise” so long as at least two qualifying “predicat acts” have been committed by members of the conspiracy.
I’m not sure about what you mean when you say can Qui Tam be brought for RICO. Qui TAm is a suit to recover money obtained fraudulently (or erroneously)from the government. It usually relates to fraud or waste.
So, if you underlying RICO predicate acts invovle defrauding the Gov’t out of money, in a way that qualified under Qui Tam (there are certain qualifying types of mispayments from the gov’t), then, yeah, Maybe you could.
GroveSt4Life @ 46
Ah, but isn’t that on the schedule? Leahy, perhaps?
I think they will try to end-run the Subpoena
and we will end up with a CC (Consitutional Crisis)
The Bushies never give up…
jj
landofthefree @ 33
Oooo! Aaah!
Peterr @ 40: See US v Nixon — US District Judge Sirica had some things to say on this subject a few years back, and he was backed up by a unanimous Supreme Court. Paraphrasing here: “Mr. President, you must turn over the tapes. Not summaries, not redacted transcripts, but the tapes themselves. You must.”
What I am puzzling about is that these clowns don’t seem to acknowledge when they are standing in quicksand. They remind me of the Black Knight in Monty Python and the Holy Grail. “No, it isn’t!” “Just a flesh wound!” I am just wondering what happens if someone says, “I don’t care what your piece of paper says, you aren’t getting whatever it is you want.” I have seen enough of the Bushies to suspect that they will never comply with something that will really make them admit their actions. Deny everything to the end.
So, unless someone comes after them with a gun and handcuffs, I suspect that the tactic will be “gum them to death”.
I think I’m adding Conyers (in this instance) to my small list of man-crushes. IANAL, but methinks by asking for everything and all intra and inter-office communications on subject topics from all resources, including palms, blackberries, etc, the net HAS to include Rove and Miers.
My $.02
I know this is a lot of what ifs, but…
If this got to the Supreme Court, and they said that the DOJ had to turn over the papers, but they still didn’t, who would Congress get to enforce the law? The FBI? I mean, if the DOJ wasn’t cooperating, that’s who you would normally go to, right?
Since Christy hasn’t shown up in the comments yet, I can only assume she’s working three phones at once, surfing between CNNMSNBCFAUX, balancing the laptop on her knee, while the Peanut wanders in from the TV room where Spongebob is on, asking for juice.
Reddhedd central-where it all happens! *g*
albert fall @ 43
I never knew that Nixon referred to his ass as the plan. I learn something everyday here.
Samson- @ 39
EPU’d from last evening’s “wedgie” thread…
————————————————————
Alfred Kelgarries @ 87
Butterfield was asked how Nixon *knew* somebody had said something that supported his position, when there were no transcripts or other memos. It was a pro forma question, expected the “I don’t remember” pro forma answer.
Instead, Butterfield hemmed and hawed, and said. “It must have been the tapes.”
“What tapes?” asked the committee eyes widening.
“Nixon tapes all conversations in the oval office. That must be where he got that.”
Quod Erat Demonstrandum. Sic Transit Gloria Mundi. Exit Nixon, Stage Left.
There’ve been some interesting posts picking up this sub-thread. Here’s another historical perspective from Your Official Old Fart.
As it happened, I was one of the lucky scientist/engineers at the foremost acoustics consultancy of those days, Bolt Beranek & Newman Inc. of Cambridge MA, in whose lab the famous “18-and-a-half-minute gap” tape was analyzed at the behest of Judge John Sirica.
It was our ironclad and incontrovertible finding, which we backed up publicly, that the erasure had been done deliberately by hand (not footpedal) — using the FWD, BACKWD, RECORD, and STOP pushbuttons on a particular Uher-brand tape recorder (one accessible only to Nixon and his Executive Assistant, the haplessly loyal Rose Mary Woods), that constituted the first proof that there was evidence tampering by “someone” (never proven who) at the White House.
What was erased (intentionally) has never been recovered from that day down to this, but was circumstantially important because it covered the first time since the break-in and arrests that Nixon got together with Haldeman and Ehrlichman since his return to the WH from Key Biscayne, where he had been when the burglary went down.
Our team took great pride in the fact that we had proven, for the first time, that what was on the tape was important enough for someone to have erased it clumsily and intentionally. This intensified the efforts of Ervin’s and Jaworski’s teams to extract more tapes from Nixon (by force of law) until one appeared containing the so-called “smoking gun” conversation, which totally evaporated Nixon’s political support and caused a group of Republican elders (including IIRC Senators Barry Goldwater, Hugh Scott, and maybe even Nelson Rockefeller) to walk down from the Hill to the Oval Office and tell Nixon that he had to resign or be impeached.
And now history may recapitulate itself, when (notice I don’t say if) the gwb43.com and/or rnc.com emails are recovered. This may be one instance where the NSA’s Total Information Program, which is said to clandestinely intercept and record all traffic on the ‘net, actually works to save the nation. I hope that its personnel are up to the moral task of locating and not destroying this precious information trove. I eagerly await the publication and discussion of those emails.
It would be more than fitting were George W. Bush’s political fate to be like Richard M. Nixon’s. This despite the fact that compared to George W. Bush, Richard M. Nixon (though reviled at the time) was (in retrospect) a statesman, a genius, a scholar and a saint.
Georgesimian @ 60
The House Sargent-at-Arms
lhp - Thank you so much for the instant interpretations!
Hugh - cspan becomes cspittle…
I hope we don’t end up with a Bush v Gore
decision…
Could happen with the court as it is…
DOJ will continue to play games with evidence and they will have their justificatiuons. It will become a drawn out affair and as it is drawn out, we’ll watch the 30% approval rating of our dishonarble president dip, dip, dip into the 20’s.
Hugh @ 62
the ass plans are connected at the roots.
Exhume Rehnquist!
punaise @ 68
and all their turdblossoms appear at once in the Spring
zeppo -
I agree, they will fight to the death. Maybe send a few docs, and fight tooth and nail on the rest. Then it will go to court, the Nixon cases will be the precedent–and we’ll see if the new SCOTUS justices really believe in precedent and the rule of law.
Fireworks all around!
btw - NPR’s Day to Day now doing a piece on the subpoenas, interviewing Dahlia Lithwick on the subject.
punaise you are cracking me up.
punaise @ 68
does this get Nixon turning in his grave?
mc @ 61
LOL! Love the image!
I’m hazarding a guess that Abu G’s “cram sessions” have all been rendered moot and because of the changed landscape of his appearance they’ve got to be scrambling to re-cram. If I were a gambler I’d bet Abu G won’t be making his appearance.
Bay State Librul @ 66
I’m thinking Kennedy would join the so-called liberals to make a majority. He may sometimes vote reich-wing but I think he can smell the rats and is not pleased at the odor.
I wonder how many metaphors I just mixed there. :})
How much practice does it take to say “No mas”?
Spinoza@27
If I’m going to wiki the latin, I’m not going to wear any underwear! (I want the full effect…)
GroveSt4Life @ 46
Ah, but the Federal Bar Council is having a panel in FISA, the US Patriot Act, and NSA spying this very Thursday night, at the Federal Courthouse at 500 Pearl Street in Manhattan. 5:45 and 2 cle credits. You have to pre-register if you are not already a memeber of FBC. It’s free CLE to members.
It’s a hot panel, former FISA judge, Former USA and Chief of SDNY Counter terrorism unit, FBI chief NY legal officer and former Ass’t Atty General for National Security. It will be fun!
Bay State Librul @ 69
Can you, is it RIGHT to, attach gold stripes to the arms of a cadaver?? Enquiring minds want to know. /snark :)
Mack @ 64
The House technically has at its disposal the “inherent contempt” process, under which the Sergeant at-Arms is empowered to arrest contemnors and bring them for trial at the bar of the House. Upon conviction, contemnors may be imprisoned on the authority of the House (or Senate, if they are the aggrieved body).
SOS in MA @ 63 —
We are honored by your service.
mc at 61 — Close — getting The Peanut down for her nap, and then re-reading the docs. Added an update above after doing so, just FYI everyone.
tejanarusa @
55
I hope so, I think it should be front and center, unless I’m mistaken on the legal issues FISA violations should be a genuine “slam dunk.”
mc @ 10
I’ve got Friday the 13th at 4:45pm.
GroveSt4Life @ 46
I doubt it. Even though Gonzales does seem to be a complete idiot, I think even he can see that a legion of Democratic senators and congresspersons can work on more than one thing at a time, and just because they’re not having hearings on it now doesn’t mean he’s off the hook. This is still brewing, I believe.
TheOtherWA @ 50
Nothing stops DOJ from turning the stuff over sooner. Remember, the staffs have been negotiating throughout. This is notice that if he does not turn the docs over, and in a timely way, that they are going to turn the BBQ on High and spit roast him on CSPAN
S.O.S. in MA - fascinating! It must have been exciting to be at the center of analyzing “what the President knew and when he knew it.”
I hope your prediction is correct - that analysts will be able to get to the bottom of what happened to any missing documentation. In fact, it’s probably easier to figure out WHO erased data today on a computer than it would have been in the 70s with a tape recorder.
Is it deja vu all over again?
mc @ 10
Jeb has been ready for weeks.
landofthefree @ 33
On page 11, the last 1/4 of definition #1 specifically says
“handheld devices (such as Palm, Trio or Blackberry)”
Pardon me for not keeping up, but it’s coming in too fast.
News to me: Waxman calls on Condi to answer questions about Niger forgery, Yellowcake, SOTU 16 words, CIA & Plame. Wants her at the table April 18. (truthout has more)
Now Gonzales subpeonas?
And I thought Sunday was a big sugar rush!
Peterr @ 82
TYVM for the kind words. I’d failed my draft physical but managed to help nonetheless. :)
SOS from MA–
Wow! Thank you, SOS. (I was in Mass at the time, remember BB*N well.) And I mean also, thank you for your service to the nation.
I humbly take note of the quality and variety of the readership here at FDL. Just never know who will turn up.
And I thought the Libby trial was a hoot…
Gonzo is in “real time”
Kagro X @ 81
Thanks for that. I guess then, if there’s enough Loyal Bushies in the DOJ, then you get a coup d’etat?
looseheadprop @ 87
Hahahahahahaha! Yeah, that’ll happen. Good one.
Sorry, LHP, but the idea of the Bush regime doing something
before they have to cracks me up.
Bay State Librul @ 56
And neither will we. This ain’t beanball, we are playing in the big leagues. We are trying to save the Constitutional system as envisioned by the Founders.
Dig deep baby, we are going to be workin’ hard!
Woo! And Hoo!
looseheadprop @ 79
Ah, but the Federal Bar Council is having a panel in FISA, the US Patriot Act, and NSA spying this very Thursday night, at the Federal Courthouse at 500 Pearl Street in Manhattan. 5:45 and 2 cle credits. You have to pre-register if you are not already a memeber of FBC. It’s free CLE to members.
Now THAT’s the kind of CLE one could really get excited about. Bet you’ll have standing room only!
We presume you’ll be there, and give us a report tomorrow?
It’s a hot panel, former FISA judge, Former USA and Chief of SDNY Counter terrorism unit, FBI chief NY legal officer and former Ass’t Atty General for National Security. It will be fun!
McConnell, majority leader, is making his best case for unconditional war funding on CSPAN 1 now.
Christy Hardin Smith @
83
Conyers isn’t mincing any words, is he? Of course, if you’re issuing a subpoena, it means that things have moved beyond polite requests.
Fred Fielding may have been recruited to serve in the WH because of his experience with executive branch battles with Congress over privilege. Of course, in the most critical instances with which Fielding is familiar, two words come to mind that can’t be much comfort for the White House: Nixon lost.
Georgesimian @ 60
During Teapot Dome, they had the same problem and the had the House Sgt. at Arms go arrest folks and drag them in to testify.
musicsleuth @
3
You bet your sweet bippy they do!
Eat it, Karl!
Sen Kyl up on CSPAN 1.
Neil @ 100
McConnell lying sc*mbag that he is is the Senate minority leader.
Elliott @
13
707!!
Neil @ 104
“Seek Kyl” has an ominous ring to it.
Oopsie - me at 79 -
I got tangled up in the quote codes, and mixed my comment in with the quote from lhp. Sorry for any confusion. my bad.