Rove and Cheney Are Now Caught in Fitzgerald’S Web. Will They Go Down Too?
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6-30-20 Communications Between OLC And
Colborn, Paul P (OLC) From: Colborn, Paul P (OLC} Sent: Wednesday, June 7, 2017 8:43 AM To: Dreeben, Michael R (OSG) Cc: Gannon, Curtis E. (Ole) Subject: Re: Mtg this afternoon? Will do. Sent from my iPhone On Jun 7, 2017, at 7:47 AM, Dreeben, Michael R (OSG) <[email protected]> wrote: Paul, Thanks, Will you take care of ensuring that whomever is responsible for responding (1) touches base with Special Counsel first, and (2) is aware of !.--I ? Michael From: Colborn, Paul P (OLC} Sent: Tuesday, June 06, 2017 6:50 PM To: Gannon, Curtis E. {OLC) • (b)(6) per OLC Dreeben, Michael R {OSG} <[email protected]> Subject: RE: Mtgthis afternoon? Michael, here are a couple congressional letters requesting Corney notes. From: Gannon, Curtis E. (Ole) Sent: Tuesday, June 06, 2017 6:34 PM To: 0reeben, Michael R (OSG) <mdreeben @imd.usdoj.goV> Cc: Colborn, Paul P {OLC} (b)(6) per OLC Subject: RE: Mtg this afternoon? Michael - I just stopped by and found your door closed. I have a follow-up question for you, which I think will only take a couple of minutes. Could you please call meIG)Iml}or let me know when I might swing by? Thanks, Curtis From: Dreeben, Michael R {OSG) Sent:Tuesday, June 6, 20174:33 PM To: Colborn, Paul P (Ol C (b)(6) per OLC Document ID: 0.7.23922.26272 CC: Gannon, Curtis E. (Ole) (b)(6) per OLC Subject: Re: Mtg this afternoon? Come to my office. Thanks Michael R. Dreeben Deputy Solicitor General United States Department of Justice Washington, D.C. -
Criminal Division
Criminal Division Testimony of Barry M. Sabin Chief Counterterrorism Section Criminal Division Department of Justice Concerning Information Sharing Under Subsections 203(b) and (d) of the USA PATRIOT Act before the Subcommittee on Crime, Terrorism, and Homeland Security Committee on the Judiciary U.S. House of Representatives April 19, 2005 Chairman Coble, Ranking Member Scott, and Members of the Subcommittee: Introduction Thank you for the opportunity to testify at this important hearing. Since the attacks of September 11, 2001, Congress and the Administration have made great progress in providing law enforcement and intelligence officials with the tools they need to prevent, disrupt, investigate, and prosecute terrorism. The most notable of these achievements was enactment of the USA PATRIOT Act (“Patriot Act” or “Act”) in late 2001, passed with overwhelming and bipartisan support in the House and Senate. As you know, many sections of that Act are slated to sunset later this year, unless the Congress acts to extend them. Today, I will address Section 203, and in particular, sections 203(b) and 203(d) of the Patriot Act. Both of these provisions are slated to sunset on December 31, 2005, and both deserve to be made permanent. I seek to share with you, from my perspective as a career prosecutor, how critical these provisions have been in addressing terrorist threat information, criminal investigations and the manner in which our counterterrorism mission has been performed on a daily basis. Information-Sharing Generally Section 203 of the Act authorizes information sharing between law enforcement and the intelligence community. As such, it complements and is complemented by other provisions of the Patriot Act that facilitate such information sharing, most notably Sections 218 and 504. -
Material Culture of Donegal Communities Abroad
DONEGAL HERITAGE SERIES 2 with contributions by Jonathan Bell & Mervyn Watson Patrick Fitzgerald, Caoimhín Mac Aoidh & Fidelma Mullane Material Culture of Donegal Communities Abroad © County Donegal Heritage Office, Donegal County Council, 2014 All rights reserved. No part of this publication may be reprinted or reproduced by any electronic, mechanical or other means, now known or hereafter invented, including photocopying and recording or otherwise, without the prior written permission of the County Donegal Heritage Office, Donegal County Council ISBN 978-0-9927708-1-5 The Donegal Heritage Series is edited by Joseph Gallagher, Heritage Officer, County Donegal Heritage Office, Donegal County Council. This booklet in the series was sponsored by Donegal County Council/Comhairle Contae Dhún na nGall & The Heritage Council/An Chomhairle Oidhreachta under the County Donegal Heritage Plan. Acknowledgements The County Donegal Heritage Office, Donegal County Council wishes to thank Dr. Jonathan Bell & Mr. Mervyn Watson, Dr. Patrick Fitzgerald, Dr. Caoimhín Mac Aoidh and Dr. Fidelma Mullane for their narrative accounts, and to Dr. Jefferson Rogers for the production of the map. Thanks are also extended to Carol Dempsey, Heritage Research Assistant, and to Irene Haggan, Donegal County Archives and Donegal County Museum for their help in researching, compiling and producing this booklet. The County Donegal Heritage Office acknowledges the Crawford Art Gallery – Cork, Danny Diamond, Derry City Council Heritage & Museum Service, Jimmy Gallagher, Mellon Centre for Migration Studies, National Museum of Ireland – Country Life, Rab Cherry, Topic Records & Ulster Folk & Transport Museum for their kind permission to reproduce images. Cover photograph: Emigrant’s Suitcase (1950s) This image is reproduced with kind permission of the National Museum of Ireland – Country Life. -
Confidentiality Complications
Confidentiality Complications: How new rules, technologies and corporate practices affect the reporter’s privilege and further demonstrate the need for a federal shield law The Reporters Committee for Freedom of the Press June 2007 Lucy A. Dalglish, Esq. Gregg P. Leslie, Esq. Elizabeth J. Soja, Esq. 1101 Wilson Blvd., Suite 1100 Arlington, Virginia 22209 (703) 807-2100 Executive Summary The corporate structure of the news media has created new obstacles, both financial and practical, for journalists who must keep promises of confidentiality. Information that once existed only in a reporter’s notebook can now be accessed by companies that have obligations not only to their reporters, but to their shareholders, their other employees, and the public. Additionally, in the wake of an unprecedented settlement in the Wen Ho Lee Privacy Act case, parties can target news media corporations not just for their access to a reporter’s information, but also for their deep pockets. The potential for conflicts of interest is staggering, but the primary concerns of The Reporters Committee for Freedom of the Press are that: • because of the 21st-century newsroom’s reliance on technology, corporations now have access to notes, correspondence and work-product information that before only existed in a reporter’s notebook; • the new federal “e-discovery” court rules allow litigants to discover vastly more information than a printed page – or even a saved e-mail – would provide during litigation; • while reporters generally only have responsibilities to themselves, -
Special Counsels, Independent Counsels, and Special Prosecutors: Options for Independent Executive Investigations Name Redacted Legislative Attorney
Special Counsels, Independent Counsels, and Special Prosecutors: Options for Independent Executive Investigations name redacted Legislative Attorney June 1, 2017 Congressional Research Service 7-.... www.crs.gov R44857 Special Counsels, Independent Counsels, and Special Prosecutors Summary Under the Constitution, Congress has no direct role in federal law enforcement and its ability to initiate appointments of any prosecutors to address alleged wrongdoings by executive officials is limited. While Congress retains broad oversight and investigatory powers under Article I of the Constitution, criminal investigations and prosecutions have generally been viewed as a core executive function and a responsibility of the executive branch. Historically, however, because of the potential conflicts of interest that may arise when the executive branch investigates itself (e.g., the Watergate investigation), there have been calls for an independently led inquiry to determine whether officials have violated criminal law. In response, Congress and the U.S. Department of Justice (DOJ) have used both statutory and regulatory mechanisms to establish a process for such inquiries. These responses have attempted, in different ways, to balance the competing goals of independence and accountability with respect to inquiries of executive branch officials. Under the Ethics in Government Act of 1978, Congress authorized the appointment of “special prosecutors,” who later were known as “independent counsels.” Under this statutory scheme, the Attorney General could request that a specially appointed three-judge panel appoint an outside individual to investigate and prosecute alleged violations of criminal law. These individuals were vested with “full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Department of Justice” with respect to matters within their jurisdiction. -
Rethinking the Identity and Role of United States Attorneys
Rethinking the Identity and Role of United States Attorneys Sara Sun Beale* The reputation and credibility of the Department of Justice were badly tarnished during the Bush administration. This article focuses on concerns regarding the role of partisan politics.1 Critics charge that during the Bush administration improper partisan political considerations pervasively influenced a wide range of decisions including the selection of immigration judges, summer interns and line attorneys; the assignment of career attorneys to particular details; the evaluation of the performance of United States Attorneys; and the decision whether and when to file charges in cases with political ramifications. The Inspector General’s lengthy and highly critical reports have substantiated some of these charges.2 The first two Inspector General (IG) Reports found that the Department improperly used political criteria in hiring and assigning some immigration judges, interns, and career prosecutors.3 The third report * Charles L.B. Lowndes Professor, Duke Law School, Durham, N.C. I would like to acknowledge the outstanding research assistance provided by Michael Devlin, Meghan Ferguson, Amy Taylor, and Molly Brownfield, and the helpful comments of Norman Abrams, Albert Alschuler, Rachel Barkow, Anthony Barkow, Candace Carroll, Colm Connolly, Ronald Goldstock, Bruce Green, Lisa Kern Griffin, James Jacobs, Susan Klein, Daniel Richman, and Adam Safwat. Of course any errors are my own. 1 Other serious concerns about the Department have been raised, particularly in connection with its role in the war on terror. For example, the Department has been the subject of intense criticism for legal analysis that led to the authorization of brutal interrogation techniques for detainees. -
The Status of the Common-Law Reporter's Privilege
DePaul Law Review Volume 56 Issue 2 Winter 2007: Symposium - Is the Rule of Article 21 Law Waning in America? Uncertainty Leads to Jail Time: The Status of the Common-Law Reporter's Privilege Elizabeth A. Graham Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Elizabeth A. Graham, Uncertainty Leads to Jail Time: The Status of the Common-Law Reporter's Privilege, 56 DePaul L. Rev. 723 (2007) Available at: https://via.library.depaul.edu/law-review/vol56/iss2/21 This Comments is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. UNCERTAINTY LEADS TO JAIL TIME: THE STATUS OF THE COMMON-LAW REPORTER'S PRIVILEGE [Tihe forced disclosure of reporters' confidences will abort the gath- ering and analysis of news, and thus, of course, restrain its dissemi- nation. The reporter's access is the public's access.1 INTRODUCTION Special Prosecutor Patrick Fitzgerald's investigation into who leaked the name of CIA operative Valerie Plame to the press appears to be coming to a close. Fitzgerald spent roughly two-and-a-half years questioning reporters and digging into the conversations they had with their sources of information. The investigation has focused on many White House officials, 2 all of whom seem to be at least tangentially involved, but it appears that the original source of the information was Richard Armitage, the former Assistant Secretary of State to Colin 3 Powell. -
Special Counsel Investigations: History, Authority, Appointment and Removal
Special Counsel Investigations: History, Authority, Appointment and Removal Updated March 13, 2019 Congressional Research Service https://crsreports.congress.gov R44857 SUMMARY R44857 Special Counsel Investigations: History, March 13, 2019 Authority, Appointment and Removal Cynthia Brown The Constitution vests Congress with the legislative power, which includes authority to Legislative Attorney establish federal agencies and conduct oversight of those entities. Criminal investigations and prosecutions, however, are generally regarded as core executive Jared P. Cole functions assigned to the executive branch. Because of the potential conflicts of interest Legislative Attorney that may arise when the executive branch investigates itself, there have often been calls for criminal investigations by prosecutors with independence from the executive branch. In response, Congress and the U.S. Department of Justice (DOJ) have used both statutory and regulatory mechanisms to establish a process for such inquiries. These frameworks have aimed to balance the competing goals of independence and accountability with respect to inquiries of executive branch officials. Under the Ethics in Government Act of 1978, for example, Congress authorized the appointment of “special prosecutors,” who later were known as “independent counsels.” Under this statutory scheme, the Attorney General could request that a specially appointed three-judge panel appoint an outside individual to investigate and prosecute alleged violations of criminal law. These individuals were vested with “full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Department of Justice” with respect to matters within their jurisdiction. Ultimately, debate over the scope, cost, and effect of the investigations (perhaps most notably the Iran-Contra and the Whitewater investigations) resulted in the law’s expiration and nonrenewal in 1999. -
Defendants' Answer to Amended Complaint
Case: 1:15-cv-00924 Document #: 70 Filed: 09/10/15 Page 1 of 42 PageID #:962 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION STEVEN SALAITA, Plaintiff, v. CHRISTOPHER KENNEDY, former Chairman of the Board of Trustees of the University of Illinois; Case No. 15-cv-00924 RICARDO ESTRADA, Trustee of the University of Illinois; PATRICK J. FITZGERALD, Trustee of the University of Illinois; KAREN HASARA, Trustee of the University of Illinois; PATRICIA Honorable Harry D. Leinenweber BROWN HOLMES, Trustee of the University of Illinois; TIMOTHY KORITZ, Trustee of the University of Illinois; EDWARD L. MCMILLAN, Trustee of the University of Illinois; PAM STROBEL, former Trustee of the University of Illinois; ROBERT EASTER, former President of the University of Illinois; CHRISTOPHE PIERRE, Vice President of the University of Illinois; PHYLLIS WISE, former Chancellor of the University of Illinois at Urbana-Champaign; THE BOARD OF TRUSTEES OF ILLINOIS; and JOHN DOE UNKNOWN DONORS TO THE UNIVERSITY OF ILLINOIS, Defendants. Case: 1:15-cv-00924 Document #: 70 Filed: 09/10/15 Page 2 of 42 PageID #:963 DEFENDANTS’ ANSWERS AND DEFENSES TO PLAINTIFF’S FIRST AMENDED COMPLAINT Defendants Christopher Kennedy, Ricardo Estrada, Patrick J. Fitzgerald, Karen Hasara, Patricia Brown Holmes, Timothy Koritz, Edward L. McMillan, Pamela Strobel, Robert Easter, Christophe Pierre, Phyllis Wise, and the Board of Trustees (the “Board”), by and through their counsel, Perkins Coie LLP, pursuant to Federal Rule of Civil Procedure 12, without admission of the legal sufficiency thereof and responding only to the factual allegations therein, state as follows for its Answer and Defenses to Plaintiff’s First Amended Complaint (the “First Amended Complaint”): Introduction 1. -
Reining in the Imperial Presidency
REINING IN THE IMPERIAL PRESIDENCY VerDate Nov 24 2008 23:13 Apr 07, 2009 Jkt 048026 PO 00000 Frm 00001 Fmt 6019 Sfmt 6019 E:\HR\OC\G026A.XXX G026A hsrobinson on PROD1PC76 with HEARING with PROD1PC76 on hsrobinson VerDate Nov 24 2008 23:13 Apr 07, 2009 Jkt 048026 PO 00000 Frm 00002 Fmt 6019 Sfmt 6019 E:\HR\OC\G026A.XXX G026A hsrobinson on PROD1PC76 with HEARING Reining in the Imperial Presidency: Lessons and Recommendations Relating to the Presidency of George W. Bush C O N T E N T S Page Foreword ................................................................................................................ 1 Executive Summary ............................................................................................. 9 Preface: Deconstructing the Imperial Presidency ...................................... 17 I. The September 25, 2001 War Powers Memorandum .................................... 20 II. Critique of John Yoo’s Flawed Theory of Presidential Supremacy .............. 25 III. The Need for a Judiciary Committee Staff Report ........................................ 32 Section 1—Politicization of the Department of Justice ............................. 33 I. Politicization of the Prosecution Function ...................................................... 35 A. Hiring and Firing of U.S. Attorneys and other Department Personnel ......................................................................................... 35 B. Selective Prosecution ............................................................................ 42 II. Politicization -
Trump-Russia Investigations: a Guide
TRUMP-RUSSIA INVESTIGATIONS: A GUIDE Faiza Patel, Rachel Levinson-Waldman, Douglas Keith, and Harsha Panduranga THE ISLAMOPHOBIC ADMINISTRATION | 1 Brennan Center for Justice at New York University School of Law ABOUT THE BRENNAN CENTER FOR JUSTICE The Brennan Center for Justice at NYU School of Law is a nonpartisan law and policy institute that seeks to improve our systems of democracy and justice. We work to hold our political institutions and laws accountable to the twin American ideals of democracy and equal justice for all. The Center’s work ranges from voting rights to campaign finance reform, from ending mass incarceration to preserving Constitutional protection in the fight against terrorism. Part think tank, part advocacy group, part cutting-edge communications hub, we start with rigorous research. We craft innovative policies. And we fight for them — in Congress and the states, the courts, and in the court of public opinion. ABOUT THE BRENNAN CENTER’S LIBERTY AND NATIONAL SECURITY PROGRAM The Brennan Center’s Liberty and National Security Program works to advance effective national security policies that respect constitutional values and the rule of law, using innovative policy recommendations, litigation, and public advocacy. The program focuses on reining in excessive government secrecy; ensuring that counterterrorism authorities are narrowly targeted to the terrorist threat; and securing adequate oversight and accountability mechanisms. ABOUT THE BRENNAN CENTER’S PUBLICATIONS Red cover | Research reports offer in-depth empirical findings. Blue cover | Policy proposals offer innovative, concrete reform solutions. White cover | White papers offer a compelling analysis of a pressing legal or policy issue. © 2017. This paper is covered by the Creative Commons “Attribution-No Derivs-NonCommercial” license (see http:// creativecommons.org). -
The Fraudulent War, Was Assembled in 2008
Explanatory note The presentation to follow, entitled The Fraudulent War, was assembled in 2008. It documents the appalling duplicity and criminality of the George W. Bush Administration in orchestrating the so-called “global war on terror.” A sordid story, virtually none of it ever appeared in the mainstream media in the U.S. Given the intensity of the anti-war movement at the time, the presentation enjoyed some limited exposure on the Internet. But anti-war sentiment was challenged in 2009 by Barack Obama's indifference to his predecessor's criminality, when the new president chose “to look forward, not backward.” The “war on terror” became background noise. The Fraudulent War was consigned to an archive on the ColdType website, a progressive publication in Toronto edited by Canadian Tony Sutton. There it faded from view. Enter CodePink and the People's Tribunal on the Iraq War. Through testimony and documentation the truth of the travesty was finally disclosed, and the record preserved in the Library of Congress. Only CodePink's initiative prevented the Bush crimes from disappearing altogether, and no greater public service could be rendered. The Fraudulent War was relevant once more. It was clearly dated, the author noted, but facts remained facts. Richard W. Behan, November, 2016 ------------------------------------------------- The author—a retired professor—was outraged after reading a book in 2002 subtitled, “The Case for Invading Iraq.” Unprovoked aggression is prohibited by the United Nations charter, so he took to his keyboard and the Common Dreams website in vigorous dissent. Within months thereafter George Bush indeed invaded the sovereign nation of Iraq, committing an international crime.