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Investigate the investigation of the investigation.
Author: Raine    Date: 05/15/2013 12:53:26

Last year, there was a controversy about national security leaks in the White House. BuzzFeed published the following June 12, 2012.
The news of an interrupted Al Qaeda bomb plot—first reported by Pulitzer Prize winning reporter Adam Goldman of the AP—prompted the White House and the CIA to ask the wire to withhold the story.

The AP complied with the request until the next week, finally publishing the story over White House objections. The AP story was picked up by most major outlets, including the Times, adding new details, including the nationality of the double agent. White House insiders said that leak pushed James Clapper, Director of National Intelligence, over the edge—furious at both the media and the source or sources of the leaks. (snip)

(The Department of Justice declined to say when the FBI started its investigations, and did not respond to the question of whether the White House asked Holder to investigate.)

Another consequence of the investigations, however, is that it puts the Obama administration on a collision course with some of the most powerful media outlets in the country.
So we can see that the FBI had already begun its investigation into who was leaking sensitive information to media outlets, specifically the AP. A few days later Joe Lieberman called for a special prosecutor. I wrote about it here on Fourfreedoms:
We all know about Bradley Manning, but there HAS been a significant uptick in prosecuting those that leak information from this administration. I would like to see the Justice Department be able to do its job and find out how this information became public. I do have a sneaking suspicion that the GOP itself may not be as pleased with the results as they are with the ongoing witch hunt. Why? There are a number of people who think that it is quite possible that Darrell Issa may be behind these leaks. He's leaked information before, most recently, last month.
WASHINGTON -- House Oversight Committee Chairman Darrell Issa (R-Calif.) has taken the unprecedented step of leaking a secret U.S. trade document, in hopes of pressuring President Barack Obama's administration into disclosing the details of a major trade deal with far-reaching implications on everything from "Buy American" contracting rules to prescription drug prices to internet freedom.

Yesterday, Attorney General Holder said again that this investigation had been going on since last year, and that he himself testified that June:
HOLDER: … I testified, I guess, back in June 2012, that I’d been interviewed by the FBI in connection with this — with this matter. And to avoid a potential — the appearance of a potential conflict of interest and to make sure that the investigation was seen as independent, I recused myself from this matter. We’ll get to you exactly when that happened, but it was early on in the investigation.

This matter has therefore — has thereafter been conducted by the U.S. attorney here in Washington, D.C., under the supervision of the deputy attorney general. The deputy attorney general would have been the one who ultimately had to authorize the subpoena that went to the AP.

Now, I am not familiar with all that went into the formulation of the subpoena.I was recused from that matter.
He was recused from the matter because the Republicans alleged that the White House - specifically the DOJ - was leaking sensitive and classified security information, and investigations had begun. As pointed out above, the FBI was already investigating this before last June. From the AP itself:
The government obtained the records from April and May of 2012 for more than 20 separate telephone lines assigned to AP and its journalists, including main offices. AP's top executive called the action a massive and unprecedented intrusion into how news organizations do their work.

Federal officials have said investigators are trying to hunt down the sources of information for a May 7, 2012, AP story that disclosed details of a CIA operation in Yemen to stop an airliner bomb plot around the anniversary of the killing of Osama bin Laden. The probe is being run out of the U.S. Attorney's office in the District of Columbia. (snip)

In February, CIA Director John Brennan provided a less-than-ominous description of the plot in testimony to the Senate Intelligence Committee. He told the panel that "there was never a threat to the American public as we had said so publicly, because we had inside control of the plot and the device was never a threat to the American public."

The bomb plot came to light after the White House had told the public it had "no credible information that terrorist organizations, including al-Qaida, are plotting attacks in the U.S. to coincide with the anniversary of bin Laden's death."

In a letter to AP on Tuesday, Cole said the Justice Department had adhered to its rules for subpoenas for the news media and hadn't sought information about the content of calls. "The records have not been and will not be provided for use in any other investigations," Cole wrote.

The question for myself is: Why is this suddenly the Scandal du Jour when the DOJ is doing EXACTLY what Congress wanted them to do last year? They wanted to know the source of the leaks -- to the point where Senator Feinstein regretted some things that were said.

Here is the thing,
According to Electronic Frontier Foundation senior staff attorney Kurt Opsahl, the most likely mechanism for Justice acquiring the information was a grand jury subpoena. (The Huffington Post's Ryan Reilly pointed to the form that Justice's attorney would have had to complete for a "Media Subpoena Request.") While the process is more involved for media organizations than for other witnesses in criminal cases — for example, the Attorney General must personally approve it — Opsahl told us that he considered it the most likely route. If the government had employed a more exotic form of request, such as a national security letter, it's likely the AP still wouldn't know that data had been collected. In the case of a grand jury subpoena, the government must notify the party that it has collected the information.
The AP itself, in it's OWN article says the DOJ obtained a subpoena.
Rules published by the Justice Department require that subpoenas of records of news organizations must be personally approved by the attorney general, but it was not known if that happened in this case. The letter notifying AP that its phone records had been obtained through subpoenas was sent Friday by Ronald Machen, the U.S. attorney in Washington.

You still think this is about the White House and the First Amendment? Should we now investigate the investigation that has been muddied all along by politicians who are more concerned with *getting the Administration* than they are about National Security? And can someone please tell me why suddenly now the AP is up in arms about something it appears they knew about? Did they ever find Darrell Issa's DOJ Mole?

WHO gave that information to the media last year? That is really what is going on here -- perhaps, just perhaps we are going to find out -- sooner rather than later. They wanted this investigation, and now everyone is mad that the DOJ actually carried out a probe of the media that they demanded. Here is a little Irony:
“Whether it is secretly targeting patriotic Americans participating in the electoral progress [sic] or reporters exercising their First Amendment rights, these new revelations suggest a pattern of intimidation by the Obama Administration,” Doug Heye, a spokesman for House Majority Leader Eric Cantor, said in a statement to TIME. “The First Amendment is first for a reason,” added Michael Steel, a spokesman for House Speaker John Boehner. “If the Obama Administration is going after reporters’ phone records, they better have a damned good explanation.”


and
Raine
 

54 comments (Latest Comment: 05/15/2013 22:24:42 by Raine)
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Comment by wickedpam on 05/15/2013 13:13:01
Morning

I'm sure its just the scandal du jour because they are attempting to pile on and break the back of the administration.

Something I'd like to know is when did the IRS story start the meme of "liberal" groups got a pass for tax exempt status? This seems to have crept up over night.

Comment by TriSec on 05/15/2013 13:33:53
Morning, comrades.

I have now finished book #4 of the Churchill war set, "The Hinge of Fate". The allies have beat the Desert Fox, and are now prepping for Operation Husky.

I imagine I shall see us through to victory before the summer is out, and I expect to read something densely fictional after that.

Question for the assembled - has anyone actually read "The Great Gatsby" or "Ulysses"? These have long been on my to-read list, and I believe I shall do so next.



Comment by Mondobubba on 05/15/2013 13:43:39
Quote by TriSec:
Morning, comrades.

I have now finished book #4 of the Churchill war set, "The Hinge of Fate". The allies have beat the Desert Fox, and are now prepping for Operation Husky.

I imagine I shall see us through to victory before the summer is out, and I expect to read something densely fictional after that.

Question for the assembled - has anyone actually read "The Great Gatsby" or "Ulysses"? These have long been on my to-read list, and I believe I shall do so next.



Yes, I've read "Ulysses." Twice as matter of fact. I've read almost all of Joyce, failed at "Finnegans Wake" though.

Yes, you many now bask in my overly literate glory, peasants.

Comment by Raine on 05/15/2013 14:07:26
Quote by wickedpam:
Morning

I'm sure its just the scandal du jour because they are attempting to pile on and break the back of the administration.

Something I'd like to know is when did the IRS story start the meme of "liberal" groups got a pass for tax exempt status? This seems to have crept up over night.
It started at least last year with Glenn Beck.



Comment by TriSec on 05/15/2013 14:07:44
Remember how I used to rail against my old friends at Emdeon?

I am saddened to report that it now appears that Relay Health has been orally stimulating the male reproductive organs of deceased flightless arctic waterfowl...



Comment by wickedpam on 05/15/2013 14:19:13
Quote by Raine:
Quote by wickedpam:
Morning

I'm sure its just the scandal du jour because they are attempting to pile on and break the back of the administration.

Something I'd like to know is when did the IRS story start the meme of "liberal" groups got a pass for tax exempt status? This seems to have crept up over night.
It started at least last year with Glenn Beck.




So he was whining about his group being looked at and declared it a scandal in 2012 because it effected him.

It seems to me that yesterday it the "media" was saying tea trash was being targeted but today its liberal groups got a pass. Who started that one last night?

Comment by BobR on 05/15/2013 14:24:31
Quote by TriSec:
Remember how I used to rail against my old friends at Emdeon?

I am saddened to report that it now appears that Relay Health has been orally stimulating the male reproductive organs of deceased flightless arctic waterfowl...

Did you mean Antarctic?

Comment by TriSec on 05/15/2013 14:38:52
Quote by BobR:

Did you mean Antarctic?



What, we never heard of the Great Auk?



Comment by Mondobubba on 05/15/2013 14:42:33
Quote by TriSec:
Quote by BobR:

Did you mean Antarctic?



What, we never heard of the Great Auk?



My first thought was penguins, but I can get behind the Auk. Well played!


Comment by Will in Chicago on 05/15/2013 15:04:27
Quote by TriSec:
Morning, comrades.

I have now finished book #4 of the Churchill war set, "The Hinge of Fate". The allies have beat the Desert Fox, and are now prepping for Operation Husky.

I imagine I shall see us through to victory before the summer is out, and I expect to read something densely fictional after that.

Question for the assembled - has anyone actually read "The Great Gatsby" or "Ulysses"? These have long been on my to-read list, and I believe I shall do so next.




I have read the Great Gatsby and enjoyed it. I will have to get around to Ulysses, but have read several short stories by Joyce.

Comment by Scoopster on 05/15/2013 15:12:47
Mornin' all..

So after riding almost all the way back to the old place to finish cleaning up, my old landlord texts me 'dont bother'. Asshole. Ended up killing some time shopping for stuff to furnish the new place, then checking out Iron Man 3. Really good flick - a lot better than I thought it would be!

but ugh.. no power = no sleep mask = i'm dragging ASS today.

Comment by Raine on 05/15/2013 15:18:10
The LABELS ARE OFFICIALLY DONE!!

Comment by Raine on 05/15/2013 15:21:03
So what did you all think of the blog?


Comment by wickedpam on 05/15/2013 15:21:57
omg - having such a hard time keeping my eyes open today



Comment by Mondobubba on 05/15/2013 15:25:34
Note to self, stop taking the acetaminophen and diphenhydramine combo with the antidepressants.

Comment by Mondobubba on 05/15/2013 15:27:57
Quote by Raine:
So what did you all think of the blog?



Um its got a nice beat and you can dance to it! I give it a 98.


On the serious side, a ton of information about this semi-demi-scandal.



Comment by Scoopster on 05/15/2013 15:28:29
Quote by Raine:
So what did you all think of the blog?

Interesting stuff.. It doesn't surprise me that you're one of the very few taking the angle that Issa himself created this farce just so he'd have another "scandal' to investigate.

Comment by Will in Chicago on 05/15/2013 15:33:04
Quote by Raine:
So what did you all think of the blog?



I think that there was a reason to investigate the leak. I am concerned about the subpoenas for phone records. My question was did the AP have a chance to respond in court to the subpoenas and were all procedures followed. (I believe that anyone who is subpoenaed -- barring some exceptions -- needs a chance to respond in court.) As an ex reporter, I do have a lot of concerns -- but I think that a fair investigation is something that the GOP does not care about in the least. Darryl Issa and the GOP do not see any Democratic president as legitimate and want impeachment.

Comment by Mondobubba on 05/15/2013 15:36:03
Comment by Scoopster on 05/15/2013 16:16:10
Comment by TriSec on 05/15/2013 16:18:04
Don't worry - we got this. (wink, nudge)


More than a dozen European companies, including discount clothing company Primark and UK supermarket chain Tesco, have signed up to the legally binding "Accord on Fire and Building Safety in Bangladesh".



Comment by wickedpam on 05/15/2013 17:04:17
Manassas is getting its own nanobrewry BadWolf Brewing

Comment by Mondobubba on 05/15/2013 17:05:20
Swedish Man Dies After Having Sex With Hornet’s Nest

Yes, Swedish Man, not Florida Man.


To attempt to have intercourse with a hornet's nest is a very bad idea," Siv During Livh, a psychologist and expert on sex fantasies told the news website.


Understatement of the year, Sparky.



Comment by Scoopster on 05/15/2013 17:19:36
Quote by Mondobubba:
Swedish Man Dies After Having Sex With Hornet’s Nest

Yes, Swedish Man, not Florida Man.


To attempt to have intercourse with a hornet's nest is a very bad idea," Siv During Livh, a psychologist and expert on sex fantasies told the news website.


Understatement of the year, Sparky.


Ermm.. I think he got the title of that Sig Larssen book wrong.

Comment by livingonli on 05/15/2013 17:20:50
Quote by wickedpam:
Manassas is getting its own nanobrewry BadWolf Brewing

Rose Tyler would have a bad feeling about that.

Comment by wickedpam on 05/15/2013 17:22:42
Quote by livingonli:
Quote by wickedpam:
Manassas is getting its own nanobrewry BadWolf Brewing

Rose Tyler would have a bad feeling about that.


Yep, but at least it would get a visit by 9 and 10


Comment by Raine on 05/15/2013 18:12:51
this was interesting: As
Marcy Wheeler explained in Salon, the DOJ’s own guidelines require it to go directly to the news agency in question with its subpoena, which would have given AP the right to negotiate over it, or challenge it in court. The DOJ may subvert that requirement if going to the news agency would “pose a substantial threat to the integrity of the investigation.” Since the investigation into the identity of the leaker was already big news – in fact, congressional leaders in both parties had demanded it – it hardly constituted a secret operation that would be blown by negotiating with the AP.
It could constitute a secret operation if the leaker is higher placed than people assume.

That said, the AP said they received a subpoena-- so the DOJ does not appear to have subverted it.






Comment by Raine on 05/15/2013 18:18:36
Quote by wickedpam:
Manassas is getting its own nanobrewry BadWolf Brewing
How cool! I'll spread the news to our HB clubs!



Comment by clintster on 05/15/2013 18:22:06
Meanwhile in Texas, someone did not take losing a seat on the Dallas city council very well. Warning NSFW language in the audio link

Comment by TriSec on 05/15/2013 18:22:39
Fantasy of Sex
A wretched hive of hell-bugs
Wicked bad idea.




Anything, I tell you. ANYTHING!!



Comment by wickedpam on 05/15/2013 18:27:35
Quote by Raine:
Quote by wickedpam:
Manassas is getting its own nanobrewry BadWolf Brewing
How cool! I'll spread the news to our HB clubs!



Cool. Can't wait it try it


Comment by Mondobubba on 05/15/2013 18:30:33
Quote by Scoopster:
Quote by Mondobubba:
Swedish Man Dies After Having Sex With Hornet’s Nest

Yes, Swedish Man, not Florida Man.


To attempt to have intercourse with a hornet's nest is a very bad idea," Siv During Livh, a psychologist and expert on sex fantasies told the news website.


Understatement of the year, Sparky.


Ermm.. I think he got the title of that Sig Larssen book wrong.



For the second day in the row you have won the internets, Scoop!


Comment by Mondobubba on 05/15/2013 18:31:43
Quote by Raine:
this was interesting: As
Marcy Wheeler explained in Salon, the DOJ’s own guidelines require it to go directly to the news agency in question with its subpoena, which would have given AP the right to negotiate over it, or challenge it in court. The DOJ may subvert that requirement if going to the news agency would “pose a substantial threat to the integrity of the investigation.” Since the investigation into the identity of the leaker was already big news – in fact, congressional leaders in both parties had demanded it – it hardly constituted a secret operation that would be blown by negotiating with the AP.
It could constitute a secret operation if the leaker is higher placed than people assume.

That said, the AP said they received a subpoena-- so the DOJ does not appear to have subverted it.







It really seems to me to be much ado about nothing here.

Comment by Raine on 05/15/2013 18:32:18
Quote by livingonli:
Quote by wickedpam:
Manassas is getting its own nanobrewry BadWolf Brewing

Rose Tyler would have a bad feeling about that.

::confused::

Comment by Mondobubba on 05/15/2013 18:32:21
Quote by TriSec:
Fantasy of Sex
A wretched hive of hell-bugs
Wicked bad idea.




Anything, I tell you. ANYTHING!!




Well played. Well played indeed.

Comment by Raine on 05/15/2013 18:35:16
Way to appreciate innocent until proven guilty, Boner...
He doesn't want to know who's going to resign, House Speaker John Boehner, R-Ohio, told reporters Wednesday morning.

He wasn't to know: "Who's going to jail" for what IRS personnel did to some conservative groups?


Comment by clintster on 05/15/2013 18:35:56
Quote by Scoopster:
Quote by Mondobubba:
Swedish Man Dies After Having Sex With Hornet’s Nest

Yes, Swedish Man, not Florida Man.


To attempt to have intercourse with a hornet's nest is a very bad idea," Siv During Livh, a psychologist and expert on sex fantasies told the news website.


Understatement of the year, Sparky.


Ermm.. I think he got the title of that Sig Larssen book wrong.



Comment by wickedpam on 05/15/2013 18:38:17
Quote by Raine:
Quote by livingonli:
Quote by wickedpam:
Manassas is getting its own nanobrewry BadWolf Brewing

Rose Tyler would have a bad feeling about that.

::confused::



It's a Doctor Who thing

Comment by Mondobubba on 05/15/2013 18:39:29
Quote by Raine:
Way to appreciate innocent until proven guilty, Boner...
He doesn't want to know who's going to resign, House Speaker John Boehner, R-Ohio, told reporters Wednesday morning.

He wasn't to know: "Who's going to jail" for what IRS personnel did to some conservative groups?



Boner you are a

Comment by Raine on 05/15/2013 19:33:55
Holder school DArrell Issa today -- gotta go find the video.

Comment by Raine on 05/15/2013 19:38:07
It's this shit that pisses me off.

It really pisses me off.

May 15 (Bloomberg) -- The widening inquiries into the Internal Revenue Service are focusing less on why employees singled out small-government groups for scrutiny and more on agency executives who didn’t inform Congress earlier.

One of those groups, Emerge America, saw its tax-exempt status denied, forcing it to disclose its donors and pay some taxes. None of the Republican groups have said their applications were rejected.


Comment by Raine on 05/15/2013 19:42:46
Comment by Mondobubba on 05/15/2013 19:59:18
Comment by Raine on 05/15/2013 20:12:13
I'm going to ask again, I wrote this last year, and I am starting to wonder why this isn;t happening... Darell Issa should be investigated by the DOJ.

Especially in light of his line of questioning of the AG.

Comment by Raine on 05/15/2013 20:28:04
Oh hayyyyyy :

White House renews push for media shield law
The proposal "didn't get the necessary support up on the Hill," Holder said, but "it is something this administration still thinks would be appropriate."

Indeed, less than a day later, the White House has taken a renewed interest in the idea.

The Obama administration sought on Wednesday to revive legislation that would provide greater protections to reporters from penalties for refusing to identify confidential sources, and that would enable journalists to ask a federal judge to quash subpoenas for their phone records, a White House official said.

The official said that President Obama's Senate liaison, Ed Pagano, called Senator Charles E. Schumer, Democrat of New York, who is a chief proponent of a so-called media shield law, on Wednesday morning and asked him to reintroduce a bill that he had pushed in 2009.


This has come up before, but Republican opposition killed the bills in 2008 and 2010, with the WikiLeaks story helping derail the latter.




Comment by wickedpam on 05/15/2013 20:40:54
Quote by Raine:
I'm going to ask again, I wrote this last year, and I am starting to wonder why this isn;t happening... Darell Issa should be investigated by the DOJ.

Especially in light of his line of questioning of the AG.



why not do one of those Petitions to the WHite House to bring it to their attention?

Comment by Will in Chicago on 05/15/2013 20:47:17
I am finally listening to Friday's Turn Up the Night with Kenny Pick. You did a great job, Raine!


Comment by Mondobubba on 05/15/2013 20:57:00
Nice going South Effing Carolina.

This really pisses me off.