The Gray Zone.

“Any disclosure of the PDB beyond its intended narrow audience — the President and his most senior advisers — increases the possibility of damage to the national security.” The Libby legal team’s attempt at graymail receives a highly unwelcome reception from the CIA.

The Treason of the Senate, Redux.

“‘The committee is, to put it bluntly, basically under the control of the White House through its chairman,’ [Senator Jay Rockfeller (D-WV)] told reporters. ‘At the direction of the White House, the Republican majority has voted down my motion to have a careful and fact-based review of the National Security Agency’s surveillance eavesdropping activities inside the United States.’Once again, on a party line vote and at the behest of Chairman Pat Roberts (by way of the Dubya administration,) the GOP members of the Senate Select Committee on Intelligence vote down an investigation into the NSA warrantless wiretaps….meaning presumed committee moderates Olympia Snowe and Chuck Hagel buckled under pressure again.

And, speaking of buckling under pressure, the House pass the Patriot Act 280-138. “‘I rise in strong opposition to this legislation because it offers only a superficial reform that will have little if any impact on safeguarding our civil liberties,’ [Congressman Dennis] Kucinich said…’Congress has failed to do its job as a coequal branch of government…The administration’s attack on our democracy has to be reigned in.‘”

Huck & Jack.

“‘We will name names,’ Lowell said by telephone at a hearing before U.S. District Judge Paul C. Huck. ‘That is not a good thing for law enforcement.‘” In troubling news for the Justice Department’s corruption probe, a federal judge refuses to postpone Abramoff’ s sentencing, despite pleas from both sides to do so. “Huck said the government can always request a reduction in Abramoff’s sentence later and that he probably would allow both Abramoff and Kidan to remain free for a reasonable amount of time after they are sentenced.”

Sugar Land Sours on DeLay?

With three opponents all bucking to take him into a runoff situation, Boss DeLay faces a tougher GOP primary than usual in his home district this Tuesday. (In a January poll, 68% of primary voters remained undecided.) And, even if he emerges from the primary dust-up relatively unscathed, DeLay will then face a credible and well-financed Democratic opponent in former Rep. Nick Lampson, who, in the same poll, led the Hammer by eight points. “It will not help DeLay that his district is more Democratic, ironically by his own making…Always a strong candidate in his own races, DeLay surrendered GOP voters in the realignment to bolster some other Republican districts. Now, after contending with indictment and departure from the House leadership, he could be facing the loss of the very seat he used to rise to power.Update: Or not. Boss DeLay coasts to victory over his three primary challengers with 62% of the vote.

Duke of Deceit.

As Randy “Duke” Cunningham faces sentencing today, federal investigators take a closer look at his connections to the Counterintelligence Field Activity (CIFA), “the Pentagon’s newest and fastest-growing intelligence agency.” “In pre-sentencing documents filed this week, prosecutors said that in fiscal 2003 legislation, Cunningham set aside, or earmarked, $6.3 million for work to be done ‘to benefit’ CIFA shortly after the agency was created. The contract went to MZM Inc., a company run by Mitchell J. Wade, who recently pleaded guilty to conspiring to bribe Cunningham.Update: 8 years, 4 months.

Not exactly the comfy chair.

“‘These allegations…describe disgusting treatment, that if proven, is treatment that is cruel, profoundly disturbing and violative of’ U.S. and foreign treaties banning torture, [U.S. District Judge Gladys] Kessler told the government’s lawyers.” So what happened to “we don’t torture?” Lawyers for the administration fight allegations of abuse at Gitmo (involving force-feeding and a restraint chair) — not by saying it didn’t happen — but by arguing instead that the recent McCain bill doesn’t apply there. “‘Unfortunately, I think the government’s right; it’s a correct reading of the law,’ said Tom Malinowski, Washington advocacy director for Human Rights Watch. ‘The law says you can’t torture detainees at Guantanamo, but it also says you can’t enforce that law in the courts.'”

Office Spaced / Abramoff the Table?

The Senate Committee on Governmental Affairs, which has recently been looking into lobbying reform, votes 11-5 on an amendment by George Voinovich (R-OH) to prevent the creation of an independent ethics office. (Three Dems joined the Republicans, minus Chair Susan Collins, to kill the plan.) While Voinovich claims an independent office would be redundant given the Senate Ethics Committee (which he chairs), watchdog groups such as Public Citizen are livid, and John McCain has already suggested he’ll likely renew the idea on the Senate floor.

Still, reformers face a serious challenge in the growing audacity of the GOP, who are banking on the Casino Jack story not catching fire outside the Beltway: “[A]s the legislation has evolved and Abramoff has faded from the headlines, calls for bans have grown scarce, and expanded disclosure has become the centerpiece of the efforts underway.” Nevertheless, the Republicans are playing with fire: The ballad of Casino Jack plays on, as attested by prosecutors recently subpoenaing travel agency records of a 2000 DeLay-Abramoff boondoggle to Britain.

Tel Aviv Tea and Moscow Moolah.

File this one next to Red Scorpion: The Boston Globe uncovers that, among Casino Jack’s various other projects, Abramoff wanted to dig for oil in Israel, and had established a company, First Gate Resources, with some Russian investors to do so. It seems these investors, “energy company executives of a Moscow firm called Naftasib,” may also have paid for a 1997 DeLay-Abramoff boondoggle to Moscow. Also, the Feds “have sought information about Naftasib’s interest in congressional support for Russian projects financed through the International Monetary Fund.” The plot thickens…

Justices and Gerrymanders.

The Bush administration loves it, but many Justice Dept. officials think it’s illegal…Now, it’s the Supreme Court’s turn to weigh in on Boss DeLay’s gerrymandering plan in Texas. “Two years ago, justices split 5-4, in a narrow opening for challenges claiming party politics overly influenced election maps. Justice Anthony M. Kennedy was the key swing voter in that case, and on Wednesday expressed concerns about at least part of the Texas map.” (Rehnquist and O’Connor sided against the map challenge then, so a switch by Roberts or Alito will only mean a larger majority against the DeLay redistricting, should the same votes hold.) Update: Justice Ginsburg finds the subject exhausting, and Dahlia Lithwick reports in.

McClellan: Hunt the Whistleblowers.

Arlen Specter, who has clearly given up on his oversight and impeachment talk of a few short weeks ago, tries at least to bring future NSA wiretap inquiries before the FISA court. Meanwhile, the White House nixes a call by 18 House Dems to appoint an independent counsel to delve into the NSA matter, opting instead for more of their patented Shoot-the-Messenger defense: “‘I think that where these Democrats who are calling for this ought to spend their time is on what was the source of the unauthorized disclosure of this vital, incredible program in the war on terrorism,’ White House spokesman Scott McClellan said. ‘I really don’t think there is any basis for a special counsel. … But the fact that this information was disclosed about the existence of this program has given the enemy some of our playbook.’