





February 28, 2008
The Honorable Michael B. Mukasey
The Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, N.W
Washington, D.C. 20530-0001
Dear Mr. Attorney General:
In accordance with 2 U.S.C. § 194 and the attached House Resolution 979 (adopted on February 14, 2008), I have today sent a certification to the United States Attorney for the District of Columbia, Jeffrey Taylor, advising him of the failure of former White House Counsel, Harriet Miers, to appear, testify and produce documents in compliance with a duly issued subpoena of a subcommittee of the House Judiciary Committee and of the failure of Joshua Bolten, White House Chief of Staff and custodian of White House documents, to produce documents in his custody as required by a duly issued subpoena of the House Judiciary Committee.
Under section 194, Mr. Taylor is now required “to bring the matter before the grand jury for its action.” The appropriate grand jury action is a criminal charge for violation of 2 U.S.C. § 192, which provides: “Every person who having been summoned as a witness by the authority of either House of Congress to give testimony or to produce papers . . . willfully makes default . . . shall be deemed guilty of a misdemeanor” and shall be subject to a fine and “imprisonment in a common jail for not less than one month nor more than twelve months.”
According to the testimony of your predecessor, former Attorney General Alberto Gonzales, and your recent testimony before the House Judiciary Committee, the Justice Department intends to prevent Mr. Taylor from complying with the statute and enforcing the contempt citations against Ms. Miers and Mr. Bolten. You claimed that “enforcement by way of contempt of a congressional subpoena is not permitted when the President directs a direct adviser of his… not to appear or when he directs any member of the executive not to produce documents.” Hearing on Oversight of the Dep’t of Justice Before the H. Comm. on the Judiciary, 110th Cong. 87-88 (Feb. 7, 2008). You purported to base your view on a “long line of authority,” but cited no court decision that supports this proposition.
There is no authority by which persons may wholly ignore a subpoena and fail to appear as directed because a President unilaterally instructs them to do so. Even if a subpoenaed witness intends to assert a privilege in response to questions, the witness is not at liberty to disregard the subpoena and fail to appear at the required time and place. Surely, your Department would not tolerate that type of action if the witness were subpoenaed to a federal grand jury. Short of a formal assertion of executive privilege, which cannot be made in this case, there is no authority that permits a President to advise anyone to ignore a duly issued congressional subpoena for documents.
Your press spokesman has stated that you will “act promptly” to review this matter and reach a final decision. We will appreciate your acting with appropriate dispatch on this important matter. I strongly urge you to reconsider your position and to ensure that our nation is operating under the rule of law and not at presidential whim. If, however, you intend to persist in preventing Mr. Taylor from carrying out his statutory obligation to present this matter to the grand jury in the District of Columbia, we respectfully request that you inform us of that decision within one week from today, so that the House may proceed with a civil enforcement suit in federal district court.
Thank your for your prompt consideration and attention to this matter.
best regards,
NANCY PELOSI
Speaker of the House
_______________________________
February 28, 2008
The Honorable Jeffrey A. Taylor
United States Attorney
District of Columbia
The undersigned, The Speaker of the House of Representatives of the United States, pursuant to the attached House Resolution 979, One Hundred Tenth Congress, hereby certifies to you the failure and refusal of Harriet Miers, former White House Counsel, to appear, testify, and furnish certain documents in compliance with a subpoena before a duly constituted subcommittee of the House of Representatives Committee on the Judiciary. The undersigned further certifies to you the failure and refusal of Joshua Bolten, White House Chief of Staff, to furnish certain documents in the custody of the White House in compliance with a subpoena before said committee. These failures and refusals are fully shown by the certified copy of the House Report 110-423 of said committee which is also hereto attached.
Witness my hand and seal of the House of Representatives of the United States, at the City of Washington, District of Columbia, this twenty-eighth day of February, 2008.
__________________________________
Speaker of the House of Representatives
Attest:
___________________________________
Clerk of the House of Representatives
But Catholic League President Bill Donohue said in a statement today that Hagee has written extensively in negative ways about the Catholic Church, "calling it 'The Great Whore,' an 'apostate church,' the 'anti-Christ,' and a 'false cult system.'"I appreciate McCain's conundrum. If he disavowed bigotry, he'd lose at least 3/4 of the Republican party.
"Senator Obama has repudiated the endorsement of Louis Farrakhan, another bigot. McCain should follow suit and retract his embrace of Hagee," Donohue said.
A Suffolk Superior Court judge has issued a potential landmark order slowing down thousands of Massachusetts foreclosures and declaring whole classes of subprime mortgages “structurally unfair” under state law.My guess is that it will either be overturned on appeal, or the foreclosures will resume after 90 days, or both.
“It is both imprudent and unfair to approve mortgage loans that the borrowers cannot reasonably be expected to repay if housing prices were to fall,” Judge Ralph Gants wrote in a preliminary injunction against notorious subprime mortgage lender Fremont Investment and Loan. “Just because we as a society failed earlier to recognize that (many subprime loans) were generally unfair does not mean that we should ignore their tragic consequences and fail now to recognize that unfairness.”
At its core, the deal would bar lending companies that sell loans to Fannie and Freddie from using preferred or internal appraisers who may be subject to pressure to overvalue properties. The deal would establish a "home valuation protection code" to set standards on compensation and independence issues, and it would create an institute with a separate board of directors to monitor complaints from consumers and appraisers, according to documents described to The Washington Post by a source not authorized to speak publicly about the issues.As Tanta of Caluclated Risk so eloquently puts it, "It appears that Fannie Mae has finished or nearly finished its review, and is about to ruin several very large aggregators' and thousands of pissant brokers' day with a new set of rules regarding how appraisals can be obtained and what affiliations between lender and appraiser are acceptable."
If the agreement takes hold, Fannie and Freddie would no longer purchase mortgages from lenders who fail to abide by the standards, a powerful economic force that could influence the entire housing landscap
The central question that emerges . . . is whether the White community in the South is entitled to take such measures as are necessary to prevail, politically and culturally, in areas in which it does not prevail numerically? The sobering answer is Yes – the White community is so entitled because, for the time being, it is the advanced race. It is not easy, and it is unpleasant, to adduce statistics evidencing the cultural superiority of White over Negro: but it is a fact that obtrudes, one that cannot be hidden by ever-so-busy egalitarians and anthropologists.The irony was that at the end of his life, he was abandoned by the Neocon community that he helped to create, because he actually had a bit of sanity.
National Review believes that the South's premises are correct. . . . It is more important for the community, anywhere in the world, to affirm and live by civilized standards, than to bow to the demands of the numerical majority.
Dear Mr. Saroff:
Thank you for contacting me regarding the President's warrantless wiretapping program.
In February 2008 I voted against final passage of S. 2248, the FISA (Foreign Intelligence Surveillance Act) Amendments Act. The bill would have made permanent changes to the original FISA law in addition to many of the changes included in the Protect America Act (PAA). I am disappointed that the Senate has failed to a dequately improve the PAA which Congress enacted in August 2007, and which I also opposed . The PAA was intended to be a temporary solution to FISA, giving Congress the opportunity for a more careful consideration of amending the FISA law.
The President must have the necessary authority to track terrorists, intercept their communications, and disrupt their plots. Congress should make needed changes to FISA to account for changes in technology and rulings from the FISA Court involving purely international communications that pass through telecommunications routes in the United States . While we have a solemn obligation to protect the American people, we must simultaneously uphold the Constitution and protect our civil liberties.
After learning about executive branch abuses in the 1960s and 1970s, Congress passed very specific laws which authorize electronic surveillance. Congress has regularly updated these measures over the years to provide the executive branch the tools it needs to investigate terrorists, while preserving essential oversight mechanisms for the courts and the Congress. FISA requires the government to seek an order or warrant from the FISA Court before conducting electronic surveillance that may involve US persons. The Act also provides for post-surveillance notice to the FISA Court by the Attorney General in an emergency.
I am very concerned that the FISA law was disregarded by the Administration, and want to ensure that we put an end to this type of abuse. We are a nation of laws and no one is above the law, including the President and Attorney General. Congress has the right to know the extent of the warrantless wiretapping program and how it was initiated and changed over the years by this Administration.
I voted in favor of the Judiciary Committee substitute to the Intelligence Committee bill. The Judiciary Committee version strengthened Congressional and judicial review, including increasing the oversight by the FISA Court of the Administration's wiretapping program. I am therefore very disappointed that the Senate rejected the Judiciary Committee substitute, and that the Senate has rejected numerous amendments - including an amendment that I had offered which would reduce the length of the reauthorization from six to four years - to improve this legislation.
I am hopeful that the House will make much needed improvements in this legislation during conference, and that I can support balanced legislation that gives the intelligence community the tools it needs to track terrorists and prevent attacks, while maintaining safeguards against the abuse of power by the executive branch. As a member of the Senate Judiciary Committee, I will continue to work to ensure the safety and security of the American people, as well as their civil liberties. Domestic eavesdropping raises serious and fundamental questions regarding the conduct of the war against terrorism, the Constitutional and privacy rights of Americans, and the separation of powers between the legislative, executive, and judicial branches. Congress must continue to work to strike the right balance, and we did not achieve that goal with this legislation.
Thank you again for contacting me, and please feel free to do so again in the future.
In 1969, the F.C.C. revoked the license of WLBT in Jackson after the commission established a systematic effort by the broadcaster to suppress information about the civil rights movement. Today, broadcast rules have changed, giving stations more leeway to decide what to air. Dropping a single report is unlikely to set the regulators in motion. Still, it would be deeply troubling if a partisan broadcaster could suppress information on the public airwaves and hide behind a technical fig leaf.Based on what is going on in Alabama, I'm coming to believe that this prosecution was driven by political considerations.
In this case, if the blackout was intentional, it may also have been counterproductive. Rather than take attention away from allegations that Mr. Siegelman was the victim of a partisan campaign, WHNT’s technical glitch seems to lend support to the charge.
In November Nasdaq joined forces with several private banks, including Goldman Sachs, to form Portal Alliance, a private equity stock market open only to investors with assets upward of $100 million. In short order yesterday's ownership society has morphed into today's members-only society.BTW, this private market will crash and burn, because there is no small investor left to hold the bag when the bubble bursts.

The pattern they saw from the trial results of fluoxetine (Prozac), paroxetine (Seroxat), venlafaxine (Effexor) and nefazodone (Serzone) was consistent. "Using complete data sets (including unpublished data) and a substantially larger data set of this type than has been previously reported, we find the overall effect of new-generation antidepressant medication is below recommended criteria for clinical significance," they write.
Two more frequently prescribed antidepressants were omitted from the study because scientists were unable to obtain all the data.
A confidential proposal that Bank of America circulated to members of Congress this month provides a stunning glimpse of how quickly the industry has reversed its laissez-faire disdain for second-guessing by the government — now that it is in trouble.These folks made their bed, and they had the computers and models, let them lie in it. Any bailout should be to the people at the bottom of the pyramid, not the top.
Joe Lents hasn't made a payment on his $1.5 million mortgage since 2002.Seven years of no payments on a million dollar plus mortgage for two years, because the creditors cannot prove that they own the mortgage.
That's when Washington Mutual Inc. first tried to foreclose on his home in Boca Raton, Florida. The Seattle-based lender failed to prove that it owned Lents's mortgage note and dropped attempts to take his house. Subsequent efforts to foreclose have stalled because no one has produced the paperwork.
``If you're going to take my house away from me, you better own the note,'' said Lents, 63, the former chief executive officer of a now-defunct voice recognition software company.
Renzi and Republicans
Extortion and money laundering are usually the province of gangsters, not Western Congressmen. That changed yesterday with the indictment of GOP Representative Rick Renzi of Arizona on charges that he used his seat on the House Natural Resources Committee to enrich himself through a trail of payoffs on land deals.
...
But hours later, administration officials told lawmakers that the final holdout among the companies had relented and agreed to fully participate in the surveillance program, according to an official familiar with the issue.The Telcos broke the law and surveilled people without warrants, startinb 7 months before 9-11, and they would like to be excused, but it is not stopping them from cooperating new.
This is serious,' agreed Republican election lawyer Jan Baran. Ignoring the matter on the grounds that the FEC lacks a quorum, Baran said, 'is like saying you're going to break into houses because the sheriff is out of town.'As I've said before, if Barack Obama wants an out for the general election, all he has to do is explain that McCain is already violating campaign finance law.
FOR IMMEDIATE RELEASE:
August 11, 2007WORKERS PREPARE FOR LARGEST COORDINATED HEALTHCARE BARGAINING CAMPAIGN IN HISTORY
Event Bringing Together Caregivers from Several States to be Covered by Blogger
OAKLAND — A delegation of 700 healthcare workers from six states will gather in Oakland on Saturday to plan for a coordinated bargaining campaign in 2008, when contracts at more than 200 hospitals and nursing homes will expire, creating an opportunity for caregivers to achieve unprecedented victories for working people across the United States.
The convention in California, to be hosted by SEIU United Healthcare Workers-West, represents the first time that healthcare workers will coordinate their bargaining campaigns on such a massive scale. Caregivers from California, Oregon, Washington, Nevada, Minnesota and Connecticut will participate in the event.
"This meeting represents an unprecedented opportunity for healthcare workers from around the country to work together for improved standards such as the right to stand up for our patients and residents," said Sal Rosselli, president of SEIU UHW. "Healthcare workers do the same work everywhere in the country, and it only makes sense that we come together to work toward our common goal."
Healthcare workers at several SEIU local unions plan to coordinate their bargaining campaigns next year, in order to maximize their ability to improve quality care for their patients, raise industry standards and win a voice on the job. More than 150,000 caregivers will benefit from this coordination by achieving the ability to advocate for improved patient care through their union.
Adding a unique twist to the proceedings will be the presence of netroots blogger Elliott Petty of the progressive online California group Courage Campaign, who plans to post live updates to his site, http://couragecampaign.org/page/community/blog/elliottpetty, as the meeting progresses through the day. He will also post at MyDD and Open Left, two major national political blogs.
"I am delighted to have the opportunity to observe, participate, and interact with UHW's members at this meeting," Petty said. "The best way to build bridges between labor and the online communities is to engage in actions with each other. Progressives win when we are united, which this effort will help us to be."
Petty's participation is an outgrowth of UHW's involvement with the YearlyKos convention earlier this month, in which UHW leaders met with numerous members of the progressive blogosphere to discuss ways that their online activism can dovetail with the grassroots worker and political organizing of labor unions. The union plans to hold a retreat for progressive bloggers in the fall.
"Our values of member democracy, openness, and dialogue and debate are mirrored by those of the netroots community," Rosselli said. "We look forward to continuing to work with online activists who share our goals and values."
Rosselli and several healthcare workers will be available for interview throughout the week and on Saturday.
The 140,000-member SEIU United Healthcare Workers-West is the largest hospital and healthcare union in the western United States and represents every type of healthcare worker, including nurses, professional, technical and service classifications. Our mission is to achieve high-quality healthcare for all.
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SEIU United Healthcare Workers—West, with more than 152,000 members, is the largest and most powerful hospital and healthcare union in the Western U.S. We represent every type of healthcare worker, including nursing, professional, technical and service classifications. Our mission is to achieve high quality healthcare for all.
Clico image for big honking version (2400 x 3000, around 1 meg)Thank you for getting in touch with me to express your concerns about the Foreign Intelligence Surveillance Act (FISA). I appreciate learning of your views about this important matter.Which is why she decided to allow the phone companies to Hoover the records of every call in the US and all the internet traffic.
As a member of the Senate Intelligence Committee, I am very aware that terrorists plan and intend to harm the United States and the American people. I hear about these threats every day - and I take them very seriously. Yet I agree with you - that even as our nation faces new threats, Constitutional protections must be safeguarded.
Mark Klein is the AT&T whistleblower who appeared on this newscast last November, who explained, in the placid, dull terms of your local neighborhood I-T desk, how he personally attached all of AT&T’s circuits — everything carrying every phone call, every e-mail, every bit of web browsing — into a secure room…Your actions are inexcusable and unforgivable.
…Room Number 641-A, at the Folsom Street facility in San Francisco — where it was all copied so the government could look at it.
Not some of it; not just the international part of it; certainly not just the stuff some truly patriotic and telepathic spy might be able to divine had been sent or spoken by or to a terrorist.
Everything.
Every time you looked at a naked picture, every time you bid on eBay, every time you phoned-in a donation to a Democrat.
“My thought was ‘George Orwell’s 1984,’” Mr. Klein told me, reflecting back, “and here I am, being forced to… connect the Big Brother machine.”
You know, Mr. Bush, if Mr. Klein’s “Big Brother Machine” — the one the Vice President conveniently just confirmed for us — if it was of any damn use at all at actually finding anything, you could probably program it to find out who started that slanderous e-mail about Barack Obama.
The FISA Act was created in 1978 to regulate how electronic surveillance was conducted in the United States . This law needs to be updated to account for changes in communications technology over the last thirty years.I've yet to see any reason for this. What FISA says is, "if you think that there is an issue with foreign communications, you get the tap, but a judge has to approve it within 72 hours.
That's why I voted for a bipartisan bill that updates a number of problems with the existing law. This new legislation (S. 2248) strengthens national security while protecting civil liberties. The bill also strengthens the role of the FISA Court by requiring greater judicial review and improves oversight and accountability of the entire FISA process. The Senate passed S. 2248 by a vote of 68 - 29 on February 12, 2008. One key provision I fought to include in this bill was a requirement that a warrant must be approved by the FISA Court to monitor a U.S. person anywhere in the world. This new protection means that the Constitution travels with you - even beyond the borders of the United States.Under FISA, you need a warrant within 72 hours for anyone. How is this "stronger".
I understand your concerns about providing limited liability protection to telecommunication companies who assisted the government's efforts to disrupt terrorist plots in the days following the attacks on September 11, 2001. While the Bush Administration wanted full retroactive immunity for these companies and any White House employee or government official involved in the warrantless wiretapping program, S. 2248 provides a more narrow, focused, and limited liability protection . I strongly supported an amendment offered by Senator Feinstein that would have required the FISA Court to determine if liability protection should be afforded to these telecommunications companies. Unfortunately, that amendment failed to get enough votes to become part of the bill.Your ignorance astonishes me. This program did not start, "the days following the attacks on September 11, 2001", it started in February, 2001, a full 7 months before the attacks, and it is clear now that the administration used threats of retribution on government contracts, as in the case of Qwest to get compliance.
When the Senate debated this bill, I supported this protection because those companies were acting in good faith under assurances from the President and the Attorney General that what they were being asked to do was legal. You should know that I also support holding accountable those Bush Administration officials who disregarded the law under the President's secret wiretapping program.These companies have legal departments. They know the law. And they are already protected when they follow the law. If they were told that a FISA warrant was in process, they would be indemnified.
I have heard from many Marylanders on this important issue and I appreciate hearing of your concerns. While we may disagree on some parts of this reform, we both share the same goal of strengthening national security while protecting our civil liberties.No, you are interested in covering your ass, in one of the bluest states in the nation against Republican attack ads. That;s why you, and about 1/3 of the Democratic Senatorial caucus folded like broccoli to George W. Bush, who is less popular than hemorrhoids.
Again, thanks for keeping in touch with me. Please let me know if I may be of assistance to you in the future.Just so you know, I will never vote for you in a primary or general ever again, nor will I give to an organization that endorses you.
Sincerely,
Barbara A. Mikulski
United States Senator
Asness' AQR Capital Management has notified investors that its Absolute Return Fund, long one of Wall Street's most stellar performing quantitative hedge funds, lost 15 percent of its value through mid-February. The slide follows an 11.9 percent drop through the end of November.I think that its clear, and should have been clear after LTCM went belly up nearly a decade ago, that these model based hedge funds don't work.
Bloomberg reported Friday that AQR flagship hedge fund now manages $2.9 billion, down from $4 billion.
A sworn deposition that Sen. John McCain gave in a lawsuit more than five years ago appears to contradict one part of a sweeping denial that his campaign issued this week to rebut a New York Times story about his ties to a Washington lobbyist.So, what we have here at best is what he did with Charles Keating, and now he is lying about it.
On Wednesday night the Times published a story suggesting that McCain might have done legislative favors for the clients of the lobbyist, Vicki Iseman, who worked for the firm of Alcalde & Fay. One example it cited were two letters McCain wrote in late 1999 demanding that the Federal Communications Commission act on a long-stalled bid by one of Iseman's clients, Florida-based Paxson Communications, to purchase a Pittsburgh television station.
Just hours after the Times's story was posted, the McCain campaign issued a point-by-point response......
But that flat claim seems to be contradicted by an impeccable source: McCain himself. "I was contacted by Mr. Paxson on this issue," McCain said in the Sept. 25, 2002, deposition obtained by NEWSWEEK. "He wanted their approval very bad for purposes of his business. I believe that Mr. Paxson had a legitimate complaint."
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McCain's subsequent letters to the FCC—coming around the same time that Paxson's firm was flying the senator to campaign events aboard its corporate jet and contributing $20,000 to his campaign—first surfaced as an issue during his unsuccessful 2000 presidential bid. William Kennard, the FCC chair at the time, described the sharply worded letters from McCain, then chairman of the Senate Commerce Committee, as "highly unusual."
Last week, a team of faculty and students from Seton Hall Law School—the folks who've worked tirelessly for years to document the government's best evidence (PDF) against the Guantanamo prisoners—released a new report suggesting that the government has recorded all of the interrogations at Guantanamo. Using documents prepared by the government and obtained through Freedom of Information Act requests, the team established that all of the 24,000 interrogations conducted at the camp since 2002 were taped. This jibes with reports from the detainees themselves, who came forward to dispute CIA Director Michael Hayden's claim last winter that the videotaping had been halted in 2002.
"I think the rules are fair," he said. "I think the problem is having political appointees injected into the system. They are looking for a political outcome, not justice."I hope that his testimony is public, but given the fact that the military has already forbidden him from appearing before congress on this matter.
He alleges, for example, that senior officials pushed for a plea bargain in March 2007 for Australian David Hicks, allowing him to serve a nine-month sentence in his homeland for aiding the Taliban.
Davis said the sentence was too lenient and was orchestrated to help Australian Prime Minister John Howard, who was under criticism domestically for his support of President Bush and U.S. policies.
A major update to Microsoft's Windows Vista operating system could leave computers vulnerable to hackers and malware as the service pack prevents several widely used antivirus programs from operating, the company said.I don't know of anyone who is using Vista who does not regret it.
The list of security products that Windows Vista Service Pack 1 blocks includes Zone Alarm Security Suite 7.1, Trend Micro Internet Security 2008, and BitDefender 10. It also blocks the 2008 version of the Jiangmin antivirus product.
Suddenly the world has more poor. Incomes declined in emerging economies: down by 40 percent in China and India, 17 percent in Indonesia, 41 percent in the Philippines, 32 percent in South Africa and 24 percent in Argentina. For Indonesia, the decline was far worse than the Asian crisis, and for China and India, the decline was worse than the one experienced by Germany during the Great Depression. Yet hardly anyone noticed.It's hard to see this as anything but a full bore refutation of the facts that the free trade zealots use.
The event was the release of new estimates of purchasing power parity, or PPP. Measured as part of a large international endeavor called the International Comparison Program, PPP aims to accurately calculate a country’s economic power rather than simply dividing total national output by a country’s population.