Author Archives: Michael Froomkin

Carl Malamud Deserves a Medal

If he didn't deserve one already for all the great stuff he's done, Carl Malamud surely deserves a medal for trying to make quality video of every congressional hearing easily available to the public — in a technology-neutral manner.

See Malamud's Report to the Honorable Nancy Pelosi; if you want even more info there's the Internet Archive's US Congress page.

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Gonzales Flops

Alberto Gonzales solidified his reputation as an incompetent with a breathtakingly unsuccessful press conference this afternoon, but it remains to be seen if he ends up looking more like a terminal naif, a shifty crook or, most likely, a political tool.

The great folks at Crooks and Liars have the video of Gonzales's brief press conference — and sudden lunge to escape from tough questions.

It didn't take long for the blogs to take advantage of this target-rich environment. Start with this Daily Kos diarist's refresher as to what's going on as A Gloved Alberto Gonzales Plans Search To Find Real Killer — pithly summarized by Josh Marshall at TPM as “Gonzales: I'm going to get to the bottom of what Harriet and I did.” And, one might add, why I sent off my aides to lie to Congress. Oh, and said some things myself in Congressional testimony that now seem past their sell-by date.

If you want the collected snark, a lot of it is at Needlenose.

And your latest update of the furious developments today in this widening scandal at The Carpetbagger Report, The dirge of the purge.

Next up, one hopes: what were the US Attorneys who were not fired willing to do to keep their jobs?

Meanwhile, it's hard to believe Gonzales can last two weeks if this is the best he can do. Ominously for his future, the NYT reports that a White House spokesperson said he's doing a heck of a job,

The White House took the unusual step of having [Presidential Counselor to the President Dan] Bartlett conduct a hurried briefing with reporters in Mérida, Mexico. He said the president had “all the confidence in the world” in Mr. Gonzales

Then again, the Veep is less popular than torture and he's not going anywhere, is he?

Posted in Politics: US: GW Bush Scandals | 2 Comments

Hunches

If there's a blog out there that I most tend to agree with, it's probably The Carpetbagger Report.

But not always. In a discussion of the prospect of Sen. Schumer forcing Karl Rove to testify about the Gonzales Eight, today's entry says,

Call it a hunch, but if Rove is called to testify, and he hires counsel to help him through his testimony, his lawyer will strongly urge Rove to tell the truth. If he’s unclear about that, Rove can always call his buddy Scooter about the consequences.

My hunch is that his lawyer tells him to take the Fifth.

Posted in Politics: US: GW Bush Scandals | 1 Comment

Latest ‘Gonzales 8’ Developments

In the course of an excellent roundup of the latest in the Gonzales 8 scandal, Talking Points Memo has this useful bit of perspective:

As has happened so many times in the last six years, the maximal version of this story — which seemed logical six weeks ago but which I couldn't get myself to believe — turns out to be true. Indeed, it's worse. We now know that Gonzales, McNulty and Moschella each lied to Congress. We know that the purge was a plan that began at the White House — and it was overseen by two of President Bush's closest lieutenants in Washington — Miers and Gonzales. Sampson is the second resignation. There will certainly be more.

And remember this key point: The 'document dump' is meant to get bad news out of the way fast. But it's always a hedge. It never includes the really bad stuff. And if you're not in deep crisis mode, ya' never do it on a Monday.

And this is sort of odd. The first head has rolled:

The aide in charge of the dismissals — [Gonzales's] chief of staff, D. Kyle Sampson — resigned yesterday, officials said, after acknowledging that he did not tell key Justice officials about the extent of his communications with the White House, leading them to provide incomplete information to Congress.

So did the guy actually lie to his colleagues? Stay silent in meetings, sending them off to lie to Congress (with what he may have thought was deniability)? Or is he just the fall guy?

Not that it really matters. Offering up a mid-ranking sacrifice at this stage is little more than throwing a baby off the sleigh to briefly placate the pursing wolves. The key point remains that any of these scenarios is completely incompatible with the idea of a Justice Department with a minimal sense of ethics. And we know who to blame for that.

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Professional Deformation

You know you're a law professor when you look at a story like this and think, “I bet that would make a great Torts final exam question.”

And I don't even teach Torts. (Actually, there's probably some way to make it a Property final exam question too, if you do easements…)

Posted in Law School | 2 Comments

Soldiers Claim Medically Unfit Being Resent into Combat Theater to Make Up Shortages

This is an amazingly serious charge. It seems credible given that it's corroborated by several soldiers.

The Army is ordering injured troops to go to Iraq: As the military scrambles to pour more soldiers into Iraq, a unit of the Army's 3rd Infantry Division at Fort Benning, Ga., is deploying troops with serious injuries and other medical problems, including GIs who doctors have said are medically unfit for battle. Some are too injured to wear their body armor, according to medical records.

On Feb. 15, Master Sgt. Jenkins and 74 other soldiers with medical conditions from the 3rd Division's 3rd Brigade were summoned to a meeting with the division surgeon and brigade surgeon. These are the men responsible for handling each soldier's “physical profile,” an Army document that lists for commanders an injured soldier's physical limitations because of medical problems — from being unable to fire a weapon to the inability to move and dive in three-to-five-second increments to avoid enemy fire. Jenkins and other soldiers claim that the division and brigade surgeons summarily downgraded soldiers' profiles, without even a medical exam, in order to deploy them to Iraq. It is a claim division officials deny.

Read the whole thing. I suppose it might not be true — but we'll never know for sure unless Congress (or SecDef Gates) investigates. And if true, it's just further black irony on the “support the troops” mantra.

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