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Think Progress

January 22, 2008
by Faiz Shakir, Amanda Terkel, Satyam Khanna, Matt Corley, and Ali Frick
ETHICS

Lost And Gone Forever

With less than a year remaining in President Bush's term, the public is finally beginning to crack open the administration's secrets. Last month, a federal judge ruled that a list of presidential visitors kept secret by the White House is actually a public record. On New Year's Eve, Bush "bowed to lawmakers in his own party and signed a bill speeding the release of millions of government documents requested by Americans under the Freedom of Information Act." More recently, a federal court order forced the White House to reveal its extensive destruction of presidential records. Officials acknowledged recycling backup computer tapes of e-mail before Oct. 2003, raising the possibility that these messages "are gone forever." Perhaps not coincidentally, many of these days with missing e-mails correspond to important dates in the Valerie Plame CIA leak scandal and decisions on the Iraq war.

'WE SCREWED UP': The Presidential Records Act requires that the president "take all such steps as may be necessary to assure" that the activities of the White House "are adequately documented." Under the Clinton administration, the White House adopted a custom archiving system known as the Automated Records Management System (ARMS). But shortly after taking office, the Bush administration scrapped ARMS, claiming the system was "flawed." Despite proposing two other records-management systems in 2003 and 2004, neither was ever adopted. The White House "would not comment on why ARMS was eliminated." Not only was the White House recording over "computer backup tapes that provided a last line of defense for preserving e-mails" between 2001 and 2003, but Press Secretary Dana Perino has admitted that between 2003 and 2005, five million e-mails were potentially lost. "We screwed up, and we're trying to fix it," Perino told reporters in April.

SIGNIFICANT E-MAILS MISSING: A newly released White House study from 2005 reveals that "no e-mail was archived on 473 days for various units of the Executive Office of the President" (EOP). Ann Weismann, chief counsel for Citizens for Responsibility and Ethics in Wasington, has also learned that on average, the e-mail volume for the EOP is 60,000 to 100,000 per day. Yet under the Bush administration, "there are days for which the total volume was 'as low as five daily e-mails.'" More significantly, these missing e-mails have important information about both the CIA leak scandal and the Iraq war. For example, in presidential offices, "not a single e-mail was archived on Dec. 17, 20, or 21 in 2003 -- the week after the capture of Saddam Hussein." Additionally, e-mails "were not archived for Vice President Cheney's office on four days in early October 2003, coinciding with the start of a Justice Department probe into the leak of a CIA officer's identity." Also missing are e-mails from Cheney's office on Sept. 20, 2003, the day on which then-White House counsel Alberto Gonzales ordered the President and Vice President's staff to "preserve all materials that might be relevant" to a Justice Department probe on the Plame leak.

WHITE HOUSE DISSEMBLING: Last week, White House spokesman Tony Fratto inexplicably tried to claim that the White House has "absolutely no reason to believe that any e-mails are missing." In response, House Oversight Committee chairman Henry Waxman (D-CA) has scheduled a Feb. 15 hearing on these missing e-mails. In a letter requesting the testimony of White House Counsel Fred Fielding, Waxman wrote that Fratto's comments "added to the considerable confusion that exists regarding the status of White House efforts to preserve e-mails." The White House has also disavowed the 2005 study showing the missing e-mails, claiming that it "came from outside the White House." The report, however, was produced by Alan R. Swendiman, the politically appointed director of the Office of Administration.

UNDER THE RADAR

HEALTH -- 35 YEARS AFTER ROE V. WADE: Thirty-five years ago today, the Supreme Court recognized that the "right of privacy...is broad enough to encompass a woman's decision whether or not to terminate her pregnancy." Yet even as abortion rates drop to their lowest in three decades, the issue remains in the public spotlight. NPR reports today that at least half a dozen states "are pursuing constitutional amendments called human life amendments that would grant legal status and rights to an embryo." A Colorado ballot initiative, if passed, would define a "person" to "include any human being from the moment of fertilization." As U.C. Davis School of Law Professor Lisa Ikemoto points out, "the Colorado initiative would provide a legal base for challenging access to abortion, contraceptives that prevent a fertilized egg from implanting, in vitro fertilization, and human embryonic stem cell research." As Jessica Arons, Director of the Women's Health and Rights program at the Center for American Progress points out, the Roe decision and the conservative push for a human life amendment both leave open difficult questions about fertility treatments, egg donation, and prenatal genetic screening. Today, NARAL Pro-Choice America is letting women blog on why they vote pro-choice. Read those posts here

ETHICS -- INVESTIGATION OVER FIRED U.S. ATTORNEYS DEEPENS: Though the fervor over the firing of at least nine U.S. attorneys may have quieted since former attorney general Alberto Gonzales's resignation in August, "the issue that roiled Congress in 2007 could re-emerge in the heat of the election year." The Hill reports that separate investigations by the House and Senate ethics committees are examining whether "several congressional Republicans... improperly interfered with investigations." Though politically significant, the congressional investigations are much narrower in scope than the ongoing Justice Department inquiry, which has been "questioning whether senior officials lied to Congress, violated the criminal provisions in the Hatch Act, tampered with witnesses preparing to testify to Congress, obstructed justice, took improper political considerations into account during the hiring and firing of U.S. attorneys and created widespread problems in the department's Civil Rights Division." Congressional aides also expect the "status of the inquiries to arise Jan. 30, when Michael Mukasey testifies for the first time as attorney general before the Senate Judiciary Committee."

INTERNATIONAL RELATIONS -- NATIONAL LAWYERS GUILD: PAKISTAN'S DEMOCRACY CONTINUES TO BE UNDERMINED: Earlier this month, a delegation of lawyers and law students from the National Lawyers Guild (NLG) traveled to Pakistan to examine how the country's recent history affected the independence of the judiciary, the rule of law, media freedom, fairness of the upcoming parliamentary elections. They also researched the impacts on U.S. foreign policy towards Pakistan. Through extensive interviews around the country, the group concluded that unless checked, recent events in Pakistan threaten democracy and the rule of law in the country. The delegation said "anything short" of restoring the judges serving on Nov. 2, 2007, will subject the judiciary -- and therefore the entire country -- to the whim of the executive. In light of this situation and a suppressed media, upcoming elections cannot be "free, fair or transparent." The group also had harsh criticisms for the U.S. policy towards Pakistan. NLG said that White House support for the "ruling regime" has severely undermined prior momentum with Pakistan towards sustainable democracy and "inflamed anti-American sentiment." Also, U.S. national security interests are being damaged in the current constitutional crisis. Some "local experts" add that a "militant insurgency" is seeking haven within the regime the U.S. is supporting.


THINK FAST

President Bush's attempt to revive the world's biggest economy "was greeted with heavy skepticism on Tuesday as markets tumbled across the globe." Markets in Tokyo, Hong Kong, and Sydney all fell farther in late trading Tuesday than they had all day on Monday.

"The Federal Reserve, confronted with a global stock sell-off fanned by increased fears of a recession, cut a key interest rate by three-quarters of a percentage point on Tuesday."

Bloomberg writes that President Bush has become a "supplicant" to the Saudis for assistance to overcome a recession. "The Saudi monarchy once depended on the U.S. to protect its reign and its oil from foes like Saddam Hussein. These days, President George W. Bush needs the world's biggest exporter of crude more than it needs him."

"The percent of Army recruits with a high school diploma dropped last year, continuing a trend that has worsened since the start of the Iraq war," according to a new report by the National Priorities Project released Tuesday. In 2007, "nearly 71 percent of Army recruits graduated from high school," falling short of the Army's goal of 90 percent.

"Undocumented immigrants are driving up the number of people without health insurance." The Pew Hispanic Center estimates that 59 percent of the nation's undocumented immigrants are uninsured, and they represent about 15% of the nation’s 47 million uninsured people.

And finally: During yesterday's CNN Democratic presidential candidate debate, Sen. Barack Obama (D-IL) was asked about "novelist Toni Morrison's salute to Bill Clinton as 'the first black President.'" Obama replied: "I would have to investigate more Bill's dancing abilities and some of this other stuff before I accurately judged whether he was, in fact, a brother."



GOOD NEWS

"Mass-transit systems across the USA are accelerating orders for diesel-electric hybrid buses."

STATE WATCH

MISSOURI:  "A potential conflict of interest involving a congressman's wife, the governor's brother and a state legislator has kept a new $82 million ethanol plant from receiving a valuable state financing incentive."

WASHINGTON: "Lawmakers are looking to expand the state's domestic partnership law."

HEALTH CARE: State courts are seeing a push for "human life" amendments aimed at granting legal status and rights to embryos.

BLOG WATCH

THINK PROGRESS: Pentagon report on "real toll" of Iraq war: One in five vets are affected by "mild traumatic brain injuries."

THINK PROGRESS: Don't buy the right-wing hysteria on China.

CARPETBAGGER REPORT: In less than a year, President Bush will serve his last day in office.

THE CRYPT: A second version of the Iraq Study Group may go to Iraq "and assess the situation."

DAILY GRILL

"The achievement in such a short time of significant legislation that requires all sides to accept risk and compromise with people they had been fighting only a few months ago is remarkable."
-- Iraq surge proponents Fred Kagan, Michael O'Hanlon, and Jack Keane, 1/20/08, on the de-Baathification law

VERSUS

"But the legislation is at once confusing and controversial, a document riddled with loopholes and caveats to the point that some Sunni and Shiite officials say it could actually exclude more former Baathists than it lets back in, particularly in the crucial security ministries."
-- New York Times, 1/14/08


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