Delay trial could be delayed until 2007

... because the conspiracy charge against him might be reinstated.

The court could have rejected Earle's appeal outright, sending the case back to Priest's court for additional pretrial motions and a possible trial.

But by accepting the case for review, the high court likely pushed any trial in DeLay's case off until next year. No date for oral arguments has been set.

If anyone was holding their breath waiting for the resolution of this case, now is probably a good time to stop.

DeLay, Texas, politics, midtopia

Maybe they bought it off the Internet

Okay, a lot of people won't take the UN's word for anything. But in this case, they seem to have a point.

U.N. inspectors investigating Iran's nuclear program angrily complained to the Bush administration and to a Republican congressman yesterday about a recent House committee report on Iran's capabilities, calling parts of the document "outrageous and dishonest" and offering evidence to refute its central claims. ...

Privately, several intelligence officials said the committee report included at least a dozen claims that were either demonstrably wrong or impossible to substantiate. Hoekstra's office said the report was reviewed by the office of John D. Negroponte, the director of national intelligence.

The report was written by a single GOP staffer, Frederick Fleitz, with hard-line views on Iran and ties to John Bolton. It was not voted on or discussed by the full committee; Republicans simply made it public.

Among the errors:

1. The committee said Iran is producing weapons-grade plutonium, which usually means 90 percent enriched. Iran has in fact only managed to enrich uranium to 3.5 percent.

2. The committee said the IAEA had removed an inspector because he raised concerns about Iranian deception. The inspector has not been removed.

3. Most obnoxiously, the report asserted, without evidence, that the IAEA director had an "unstated" policy of keeping inspectors from telling the truth about Iran.

All this makes me wonder if this is a peek inside the intelligence-massaging techniques that led to the invasion of Iraq. With breathtaking chutzpah, the report makes unsubstantiated assertions about Iran's nuclear capabilities -- and then chastises intelligence agencies for failing to provide information that supports those assertions.

Make your own reality, and then go dig up (or make up) evidence to support it.

Here's the kicker:

Hoekstra's committee is working on a separate report about North Korea that is also being written principally by Fleitz. A draft of the report, provided to The Post, includes several assertions about North Korea's weapons program that the intelligence officials said they cannot substantiate, including one that Pyongyang is already enriching uranium.

The intelligence community believes North Korea is trying to acquire an enrichment capability but has no proof that an enrichment facility has been built, the officials said.

Fabulous.

The full text of the IAEA letter is available here.

Update: The Congressional report is available here.

Fleitz, nuclear, Iran, politics, midtopia

Some backbone in the Senate

It may be because they face tough re-election battles, but four GOP senators -- including John Warner, chairman of the Armed Services Committee -- defied President Bush and approved legislation on the treatment of detainees. The bill goes to the Senate floor next week.

Unlike Bush's proposal -- which would essentially rubber stamps his own actions -- the bill Warner's committee approved would permit suspects to view classified evidence against them and does not attempt to rewrite the Geneva Conventions.

As senior GOP leaders balked, Colin Powell released a letter opposing Bush's plan.

"The world is beginning to doubt the moral basis of our fight against terrorism," Powell, a retired general who is also a former chairman of the Joint Chiefs of Staff, wrote in his letter.

Powell said Bush's bill, by redefining the kind of treatment the Geneva Conventions allow, "would add to those doubts. Furthermore, it would put our own troops at risk."

The effect of the split could be seen in the White House's response -- firing testily from the hip and having to apologize later.

White House spokesman Tony Snow said Powell was "confused" about the White House plan. Later, Snow said he probably shouldn't have used that word.

"I know that Colin Powell wants to beat the terrorists, too," he said.

Meanwhile, Senate Majority Leader Bill Frist threatened to ignore the Armed Services Committee and bring Bush's proposal directly to the floor for a vote -- a move that would only increase the division in the GOP ranks.

That Bush, he's quite a uniter.

terrorism, tribunals, Bush, Warner, Senate, politics, midtopia

Why are we in Iraq?

Apparently, it's not to defeat the insurgency.

A senior American commander in Iraq said Tuesday that U.S.-led military operations are "stifling" the insurgency in western Anbar province but are not strong enough to defeat it.

Marine Maj. Gen. Richard C. Zilmer told reporters in a telephone interview from his headquarters in Fallujah that he has enough U.S. troops — about 30,000 — to accomplish what he called his main mission: training Iraqi security forces.

"For what we are trying to achieve out here I think our force levels are about right," he said. Even so, he said the training of Iraqi soldiers and police had not progressed as quickly as once expected.

"Now, if that mission statement changes — if there is seen a larger role for coalition forces out here to win that insurgency fight — then that is going to change the metrics of what we need out here," he added.

And all this time I thought we were trying to beat the insurgents. Now I find out that the reason American commanders haven't asked for more troops is because that's not their job.

For the rest of his comments, I'll refer you to a previous post on the subject:

He's right that a reconciliation process is the only way to achieve long-term stability. But he just blithely ignores that short-term stability is needed to get the reconciliation process started.

I've got an idea. How about we defeat the insurgents in order to create that short-term stability we need for long-term stability to take root?

Zilmer, terrorism, Iraq, politics, midtopia

Poor rules of engagement

What to make of this?

The U.S. military acknowledged Wednesday that it considered bombing a group of more than 100 Taliban insurgents in southern Afghanistan but decided not to after determining they were on the grounds of a cemetery.

I respect the need to be mindful of cultural and religious sensitivities. And there's always the desire to minimize civilian casualties. But look at the picture: They're lined up in rows. Those aren't civilians; those are soldiers. Cemetery or not, pull the trigger.

Taliban, Afghanistan, politics, midtopia

Minnesota primaries

Not a lot of surprises in yesterday's primary elections. Kennedy, Klobuchar, Hatch, Pawlenty and Hutchinson all won easily.

One slight (and encouraging) surprise, though: in the conservative Fort Ripley area, State Sen. Paul Koering, the only openly gay Republican legislator in Minnesota, won his primary against a family-values candidate, Kevin Goedker.

Koering wasn't openly gay until last year, and Goedker made his sexuality an issue. So this was in part a referendum on the electability of gay Republicans in outstate Minnesota.

Senate Majority Leader Dean Johnson easily won his primary; we'll see now how his "sanding off the truth" debacle will play with voters in the general election race against Republican Joe Gimse.

Let the campaigning begin in earnest!

politics, midtopia

A mixed bag for moderates

Yesterday's primaries were a mixed bag for moderates.

In the most closely watched race Sen. Lincoln Chafee defeated a conservative challenger backed by the Club for Growth, guaranteeing that a moderate will be elected no matter who wins in November.

But in Arizona, conservative Randy Graf won the primary battle to replace retiring moderate Republican Jim Kolbe, defeating moderate Steve Huffman, who was endorsed by Kolbe and backed by national Republicans. Graf will face Democrat Gabrielle Gifford in November. This could mean the seat could go Democrat, which is good in the sense that the GOP deserves to lose a lot of seats this year. But I don't know enough about Gifford's politics to say whether electing her would be a good thing for moderates.

In Vermont, the House's lone independent, Bernie Sanders, is trying to become the Senate's lone independent to replace Jim Jeffords, the Senate's current lone independent. I note this for the "independent" angle; Sanders, whose views are rather socialist, is not exactly a moderate.

You'll note one thing about all these races: they are defensive ones, attempting to keep a moderate seat moderate. Such battles are necessary, but we're not going to elect more moderates until we get off the defensive and start putting gerrymandered "safe seats" into contention.

politics, midtopia

House leaders seek to water down eavesdropping bill

The House Judiciary Committee today will consider its version of a warrantless wiretapping bill. But if GOP leaders have their way, it will be so watered down as to be a pile of dreck.

The main bill already has minimal teeth. It would give the government five days instead of three to seek a FISA warrant following the start of emergency surveillance. Nonemergency warrantless surveillance would require Congressional approval within 60 days. It would also require more consultation with Congress.

A competing measure is better, clearly asserting that the FISA law is the operative law with regard to surveillance issues.

House leaders, though, want to replace all that with a meaningless provision, allowing but not requiring the administration to submit the program to the secret FISA court for a ruling on its legality.

Pathetic.

At least there are some voices being raised in opposition to this rubber stamping of administration actions. Voices from both sides of the aisle, in both the House and the Senate. So there remains a chance that the GOP leadership's kow-towing will be defeated and Congress will in fact assert its proper Constitutional role instead of abetting the steady expansion of executive power.

But now would be a good time to call your representative.

FISA, wiretapping, NSA, terrorism, politics, midtopia

Movement in Palestine

Yesterday, Palestinian president Mahmoud Abbas reached a deal with Hamas for a unity government, in which the Hamas government would resign and be replaced by a mixture of Hamas and Fatah representatives, as well as representatives from various splinter groups.

Most important from the Palestinian viewpoint was the prospect that such a move would mean a resumption of the aid it relies on to pay its bills, aid that was suspended following Hamas' ascent to power. That hope appears to have been fulfilled, as the EU said it would consider resuming aid.

More important to the rest of us, however, is that as part of the agreement Hamas gave Abbas full authority to resume peace negotiations with Israel.

It remains to be seen whether all this talk will result in actual change on the ground. "Peace negotiations" are not the same thing as "peace agreement", and it's an open question whether the more militant Palestinian groups -- or even the military wing of Hamas -- will accept and abide by any such deal. Expect at least a couple of attacks aimed at disrupting the talks if they appear likely to bear fruit.

But Hamas sanctioning negotiations with Israel is a pretty big step. It appears that in this case the economic embargo worked, forcing Hamas to choose between militant purity and seeing to the needs of the Palestinian people. To their credit, they have (at least for now) chosen the latter.

Abbas, Hamas, Israel, Palestine, politics, midtopia

One and oh, baby!

I run a fantasy football league in my copious spare time -- 10 mostly longtime owners, a fairly normal performance-based scoring system. 14-man rosters, and you have to start 8: QB, 2 RB, 2 WR, TE, K, DEF.

I traded away the #3 overall pick in the draft in order to stockpile picks in rounds 2-5. Which gave me a somewhat odd roster:

QB: Donovan McNabb, Aaron Brooks
RB: Warrick Dunn, Chester Taylor, Julius Jones, Dominick Rhodes, Jerrius Norwood, Cedric Benson
WR: Torry Holt, Lavaranues Coles, Eddie Kennison
TE: Antonio Gates
K: Jason Elam
DEF: Chicago Bears

I was really worried about my running game and who my #2 receiver would be. But for Week 1, at least, everything worked out. I won handily even without my two Monday night players (Taylor and Gates), and it looks like I might have the high score for the week.

Super Bowl, here I come!


football, fantasy, midtopia

The lost province?

This is what playing whack-a-mole will get you.

The chief of intelligence for the Marine Corps in Iraq recently filed an unusual secret report concluding that the prospects for securing that country's western Anbar province are dim and that there is almost nothing the U.S. military can do to improve the political and social situation there, said several military officers and intelligence officials familiar with its contents.

The officials described Col. Pete Devlin's classified assessment of the dire state of Anbar as the first time that a senior U.S. military officer has filed so negative a report from Iraq.

One Army officer summarized it as arguing that in Anbar province, "We haven't been defeated militarily but we have been defeated politically -- and that's where wars are won and lost."

It's one man's opinion, of course; but that one man is a very senior intelligence officer whose job is to make assessments like this.

And how did this happen, in Col. Devlin's opinion? No surprise:

Devlin offers a series of reasons for the situation, including a lack of U.S. and Iraqi troops, a problem that has dogged commanders since the fall of Baghdad more than three years ago, said people who have read it. These people said he reported that not only are military operations facing a stalemate, unable to extend and sustain security beyond the perimeters of their bases, but also local governments in the province have collapsed and the weak central government has almost no presence.

I'm stunned. Really. Not enough troops? Who would have thunk it?

A caveat: the Post did not see the report, and is relying on anonymous sources to describe it. But nobody is disputing the nature of the report, not even people who disagree with its conclusions. So it strikes me as genuine.

Anbar, Devlin, Iraq, politics, midtopia

Iraq roundup

A few worthwhile links in the ongoing furor over the planning and execution of the Iraq invasion:

Vice President Dick Cheney defended his hard-line role in the White House, amid reports that his influence within the administration is waning and reminders of how wrong he has been on several fronts -- from his now-infamous "last throes" reference to the Iraqi resistance to his belief that toppling Saddam would weaken the forces of jihad. Instead, it has strengthened them and weakened us.

Then there's his unrelenting defense of everything the administration has ever done, indicating an unwillingness or inability to learn from experience. For instance, he said Sunday that if he had to do it all over again he would still invade Iraq. And his ability to dismiss videotapes of him making assertions that have since been proven false. And his continued use of discredited "evidence" to try to tie Iraq to al-Qaeda.

This is a man in denial. A denial almost as deep as that of Donald Rumsfeld, who besides claiming credit for the success of tactics he opposed, has again been fingered as the man who made sure that the post-war occupation would be a stupendous failure.

Months before the United States invaded Iraq in 2003, Defense Secretary Donald Rumsfeld forbade military strategists from developing plans for securing a post-war Iraq, the retiring commander of the Army Transportation Corps said Thursday.

In fact, said Brig. Gen. Mark Scheid, Rumsfeld said "he would fire the next person" who talked about the need for a post-war plan.

WHY DO THESE PEOPLE STILL HAVE JOBS?

Rumsfeld, Cheney, Iraq, politics, midtopia

9/11, five years later

A moment of silence. There will be lots of discussion, analysis and blatant politicizing of this. But for now, let's just remember the 3,000 who died, the heroic efforts of first responders, the just and well-executed toppling of the Taliban, and the last time we were unified as a country. May we someday recapture that moment and make it last.

politics, midtopia

Holding a grudge

In a satirical example of how all politics are personal, I give you this.

In which a diehard Redskins fan takes aim at former Redskins QB Heath Shuler, who is running for Congress in North Carolina. His campaign -- complete with hilarious attack ads -- is supposedly intended to prevent Shuler from bringing his aura of defeat back to Washington.

Heath Shuler, politics, midtopia

Another NSA lawsuit proceeds

An Oregon judge is allowing another suit challenging the NSA eavesdropping program to go through.

U.S. District Judge Garr King said he believes there may be a way for the lawsuit, filed by a now-defunct Islamic charity, to proceed without releasing information that could harm national security.

The lawsuit was filed by the Al-Haramain Islamic Foundation, which had a chapter in Ashland that went out of business after the U.S. government labeled it a terrorist organization.

The foundation charged that two of its lawyers and at least one official were under electronic surveillance in March and April 2004. The foundation asked King to rule the surveillance a violation of a federal law that requires a special court to approve intelligence-related wiretapping.

This is different from the ACLU suit in Detroit, which led to a judge ordering the program shut down -- a ruling that has been suspended pending appeal.

What makes this case interesting is that the plaintiffs seem to have a very good chance of showing proper standing for the suit, as well as the ability to argue that a trial would not compromise national security. Here's why:

The Portland case turns on what King called the "Sealed Document," information that government lawyers accidentally gave Al-Haramain lawyers in 2004 before demanding it back. King said the document is now in a secure room at the FBI's Portland office.

Al-Haramain's attorneys want to use the document to make their case, but the government says any use of it will compromise state secrets.

King said the document remains classified, despite its disclosure to the plaintiffs and to a reporter from the Washington Post.

This would seem to indicate that there is proof the charity was monitored, essentially proving they have standing; and it would seem to obviate much of the security argument, because the information is already out of the bag.

We shall see.

NSA, terrorism, politics, midtopia

Caught on Tape II

A couple of months ago, Condoleeza Rice was caught on tape speaking frankly about Iraq. Now it's the Terminator's turn.

In the sanctuary of his Capitol office with an audio recorder rolling, Gov. Arnold Schwarzenegger describes Republican legislators as the "wild bunch" and, referring to a Latina lawmaker, casually says that "black blood" mixed with "Latino blood" equals "hot" — a fiery personality....

They also freely discuss other state legislators and the political process.

It's not particularly startling stuff. And it doesn't impress the listener the way Condi's overheard discussion does. The racial remarks, quoted above, will draw fire from people who say it's racist. But the comments were not said maliciously -- Schwarzenegger actually admires the lawmaker in question. And they aren't all that different from me attributing my penny-pinching ways to my Scottish ancestry.

I just include it here as a glimpse into Arnie's style and personality.

You can listen to an MP3 of the recording here.

Schwarzenegger, California, politics, midtopia

More good news from Lebanon

Yesterday Israel lifted its air blockade of Lebanon. Today, it lifted its naval blockade.

Israel turned over monitoring of Lebanon's coast to Italian naval vessels, who "will continue to enforce the international embargo against the supply of armaments to Hezbollah," Israeli government spokeswoman Miri Eisin said.

It also announced it would withdraw completely from Lebanon within two weeks. And Israel signaled it would be willing to leave ownership of the dispute Chebaa Farms area up to the UN, and cede it to Lebanon if the UN says so.

That territorial dispute is the main obstacle to a permanent peace agreement between Israel and Lebanon, so Olmert's suggestion has fairly large implications.

On the downside, the last time the UN looked into the matter it said the Farms didn't belong to Lebanon -- a ruling Lebanon rejected (it doesn't belong to Israel, either; the UN decision was based on the conclusion that it was originally part of Syria, same as the rest of the adjacent Golan Heights). Both sides would have to agree to abide by the UN's decision for this to work.

More pragmatically, Israel might just cede the territory and be done with it. It's militarily useful territory -- the high ground looks down on Israel on one side and Syria/Lebanon on the other. But it's uninhabited, and a few square kilometers are not worth more than a permanent peace.

All of this leaves one major item unresolved -- the fate of the two Israeli soldiers whose capture sparked the recent fighting. Look for Israel to grudgingly agree to swap prisoners, like it did earlier with Hamas.

After that, we can get down to watching how the Lebanese Army, backed by UN peacekeepers, deal with Hezbollah.

Hezbollah, Israel, Lebanon, politics, midtopia

Surprise, surprise

The promised Senate report is out, and the main conclusion shouldn't surprise anyone who hasn't shared the White House's isolation chamber for the last five years.

There's no evidence
Saddam Hussein had ties with al-Qaida, according to a Senate report on prewar intelligence that Democrats say undercuts President Bush's justification for invading Iraq.

Bush administration officials have insisted on a link between the Iraqi regime and terror leader Abu Musab al-Zarqawi. Intelligence agencies, however, concluded there was none.

Republicans counter this is "old news." I'd agree with them.... if the administration didn't continue to insist that Iraq had terror connections, and that the invasion was justified. For it to be "old news", war supporters actually have to accept it as true.

And as I noted yesterday, we're still waiting for the real report: What, if anything, the administration did to manipulate or shade the intelligence it received. We won't know until the report comes out, but allow me a purely speculative question: why would Congressional Republicans tie that particular report up in knots unless there actually was something to hide?

Let us hope the truth comes out sooner rather than later.

Bush, terrorism, Bush, Iraq, politics, midtopia

Whatever happened to Phase 2?

That would be the second part of the Congressional probe of U.S. intelligence failures in Iraq -- the part that's supposed to examine how the administration used the intelligence it had. The part that was postponed until after the 2004 elections so as not to, I don't know, influence them or something.

Phase 2 is still -- surprise, surprise -- tied up in partisan bickering. But at least there's this:

A Senate panel on Thursday voted to release two newly declassified reports on prewar Iraq intelligence, including one examining the role of an Iraqi exile group that spread allegations, later proved false, about Iraqi weapons of mass destruction....

A second report compares U.S. prewar intelligence on Iraqi weapons of mass destruction and former Iraqi President Saddam Hussein's links to terrorism with findings made by military and intelligence officials after the March 2003 invasion.

Look for them on Friday at the committee's Web site.

intelligence, Iraq, politics, midtopia

Pollster admits making up data

And the victims include several well-known politicians.

The owner of DataUSA Inc., a company that conducted political polls for the campaigns of President Bush, Sen. Joe Lieberman and other candidates, pleaded guilty to fraud for making up survey and poll results.

Tracy Costin pleaded guilty Wednesday to one count of conspiracy to commit wire fraud. Costin, 46, faces a maximum of five years in prison and a fine of up to $250,000 when she is sentenced Nov. 30.

I assume the data was fabricated to tell the candidates what they wanted to hear, which could have led to poor choices as far as campaign rhetoric, spending, scheduling and the like.

This is just one pollster, and one I've never heard of at that. I would not use this case to draw conclusions about the ethics and legality of the profession as a whole. But it does highlight the enormous amount of trust people put in pollsters -- not just to be honest, but also to conduct their polls in a professional and statistically valid manner. Usually this is fine, especially when the pollsters publish their methodology and detailed results. But it reinforces the fact that polls should be taken with large grains of salt -- one reason you'll rarely see them quoted here.

Costin, polls, politics, midtopia