The White House's Perverse Argument

"The court documents, filed in the case of Zacarias Moussaoui, appear to contradict a statement last December by Gen. Michael V. Hayden, the C.I.A. director, that when the tapes were destroyed in November 2005 they had no relevance to any court proceeding, including Mr. Moussaoui's criminal trial.

"It was already known that the judge in the case, Leonie M. Brinkema, had not been told about the existence or destruction of the videos. But the newly disclosed court documents, which had been classified as secret, showed the judge had still been actively seeking information about Mr. Zubaydah's interrogation as late as Nov. 29, 2005."

The Importance of Opening the Record

Over at NiemanWatchdog.org, where I am deputy editor, I've just published a provocative and insightful essay by Steve Aftergood, director of the Project on Government Secrecy, on the importance of getting the presidential candidates to say whether they'll commit to opening up the Bush administration's record.

Aftergood's point is that, by now, no one expects the Bush administration to make itself accountable for its controversial and possibly illegal practices in a number of areas. But the next president will have a unique opportunity to reveal what has been kept hidden for the last seven years -- and, by informing Americans of exactly what has been done in their name, letting the healing begin.

Aftergood's essay also answers a lot of the questions I've been getting from readers lately about what Bush can and can't keep secret after he leaves office.

Aftergood writes: "In 2005, then-Deputy Attorney General James Comey told colleagues at the Justice Department that they would be 'ashamed' when a legal memorandum on forceful interrogation of prisoners eventually became public. In fact, however, disclosure of such secret Bush Administration documents may be the only way to begin to overcome the palpable shame that is already felt by many Americans at the thought that their government has engaged in abusive interrogations, secret renditions or unchecked surveillance.

"The next President will have the authority to declassify and disclose any and all records that reflect the activities of executive branch agencies. Although internal White House records that document the activities of the outgoing President and his personal advisers will be exempt from disclosure for a dozen years or so, every Bush Administration decision that was actually translated into policy will have left a documentary trail in one or more of the agencies, and all such records could be disclosed at the discretion of the next President."

Nominee Watch

Holly Rosenkrantz writes for Bloomberg: "President George W. Bush said the Senate must vote on his backlog of more than 200 nominees promptly and stop treating them like 'political pawns.'

"'The confirmation process has turned into a never-ending political game where everyone loses,' Bush said in a statement at the White House in Washington. 'It is clear that the process is not working.'"

Paul Kiel writes for TPM Muckraker that at the heart of this controversy lies Steven Bradbury, who has been the acting head of the Office of Legal Counsel for more than three years.

"Senate Majority Leader Harry Reid (D-NV) and [Dick] Durbin, the Senate whip, revealed that, in negotiations with the White House late last year before the Christmas holiday, the President refused to strike a deal on nominees unless Reid allowed him to recess appoint Bradbury. Reid said he'd offered to confirm 84 of the pending nominees, but the White House said no dice. . . .

Jim Oliphant blogs for Tribune Newspapers: "Who is Steven Bradbury?

"Bradbury is the acting head of the Office of Legal Counsel at the Justice Department. The critically important office provides legal advice to the White House and it was this office that, at various times during the Bush administration, green-lighted controversial anti-terror policies involving extreme interrogation methods and the warrantless wiretapping program.

"Bradbury was nominated in 2005. He's been doing the job in an acting basis ever since because the Democratic-led Senate has made it crystal-clear they won't vote to approve him. Durbin said that Bradbury signed off on legal opinions approving abusive interrogation practices such as waterboarding and complained that the Justice Department won't hand over those memos.

"The Senate was so fearful that Bush would use a recess appointment to make Bradbury's position permanent that it stayed in session over the Christmas break, having Sen. Jim Webb come in daily to bang the gavel. . . .

"'When the president is willing to vote so many of his own people -- including four Assistant Secretaries of Defense and the Fed -- off the island for one nominee, you know that person must be special. And special he is,' Reid said. 'Mr. Bradbury is the lawyer who loves to give the president the answer he wants regardless of the law, regardless of its impact on our nation and regardless of what it does to our standing in the world.'"

In a letter to Mukasey this week, Durbin described his concerns about Bradbury -- and about whether his continued service as the head of the Office of Legal Counsel violates the law.

Iraq Watch

Charlie Savage writes in the Boston Globe: "The Bush administration is backing off its unprecedented plans to commit the US military to defending Iraq's security for years to come without submitting the agreement to a vote in Congress, Secretary of Defense Robert Gates told the Senate yesterday.

"The plan, called a 'status of forces' agreement, 'will not contain a commitment to defend Iraq, and neither will any strategic framework agreement,' Gates said during testimony before the Senate Armed Services Committee.

"Last November, President Bush and Iraqi Prime Minister Nouri Al Maliki issued a joint declaration announcing their intention to negotiate a long-term compact that would include the United States providing 'security assurances and commitments' to Iraq to deter any foreign invasion or internal terrorism by 'outlaw groups.'

"The proposal sparked controversy because a Bush aide told reporters the White House did not intend to designate the pact as a 'treaty' that would require Senate ratification. . . .

"Still, some controversy remains in the negotiations over the Iraq agreement, which will provide a legal framework for the continued presence of US troops in Iraq after a UN Security Council mandate expires at the end of 2008.

"Critics worry that Bush might agree to provisions, such as permanent US military bases, that could make it harder for his successor to withdraw from Iraq. While the next president could abandon any agreement, doing so would create diplomatic problems by creating the perception that the United States does not always live up to its international commitments, specialists say.

"Bush administration officials have said they don't want permanent military bases in Iraq. But their assurances were called into question last week after Bush issued a signing statement on a defense bill that created a law banning the use of taxpayer funds to establish permanent bases in Iraq."

Karen DeYoung, writing in The Washington Post, provides a marvelous example of the White House standing truth on its head: "Asked to reconcile an apparent contradiction between Gates's testimony and the November Bush-Maliki 'statement of principles,' National Security Council spokesman Gordon Johndroe said members of the administration were 'carefully choosing our words because so many have tried to be misleading as to what's really going to be negotiated.'"

Campaign Watch

Ben Feller writes for the Associated Press: "President Bush, unpopular nationally but still a fundraising force, is ready to put the power of the White House behind the Republican nominee for president. Exactly what his role will be is a trickier matter."

Bush on Prayer

Explaining his presence at the National Prayer Breakfast this morning: "The people in this room come from many different walks of faith. Yet we share one clear conviction: We believe that the Almighty hears our prayers -- and answers those who seek Him. That's what we believe; otherwise, why come?"

Cheney's Dog Watch

Local TV station NBC4 reports: "A motorcade caused its expected commotion in northwest D.C. Wednesday afternoon, speeding down a street and stopping traffic, but it wasn't for a politician or a dignitary. It was for the vice president's dog.

"At about 4 p.m., the motorcade -- complete with Secret Service, motorcycles and two limousines -- was escorting Dick Cheney and one of his two dogs -- the 10-year-old yellow Lab, Dave -- to Friendship Hospital for Animals, News4's Jackie Bensen reported."

Presidential Humor

Here's Bush greeting the Stanley Cup champion Anaheim Ducks yesterday: "Welcome to the White House. We're glad you're here. Like, have you noticed a lot of security around here? It's because the Vice President heard there were some Ducks around."

Cartoon Watch

Clay Bennett and Jim Morin on the budget.