Yoo must be joking. | SSDAG.

“Our previous opinions make clear that customary international law is not federal law and that the president is free to override it at his discretion,” said the memo written by John Yoo, who was then deputy assistant attorney general for the Office of Legal Counsel.” (Nor, apparently, does the Fourth Amendment apply.) An unsettling memorandum by Dubya stooge John Yoo which advocates both dictatorial rule and the legality of torture is released to the public, five years later. “‘The whole point of the memo is obviously to nullify every possible legal restraint on the president’s wartime authority,’ Jaffer said. ‘The memo was meant to allow torture, and that’s exactly what it did.‘”

More than anything, I’m reminded of Lincoln’s remarks to the Indiana fourteenth: “‘Whenever I hear anyone arguing over slavery, I feel a strong impulse to see it tried on him personally.’

And, just in case anyone was under the impression that this sort of thing only happened in the dark days of 2003, witness Attorney General Mukasey last week getting publicly verklempt and making up 9/11 tales as he goes along, all to help preserve the NSA’s warrantless wiretaps. At this point, Chuck Schumer has a lot to answer for.

Snooping Around at State.

“This is an outrageous breach of security and privacy, even from an Administration that has shown little regard for either over the last eight years. Our government’s duty is to protect the private information of the American people, not use it for political purposes. This is a serious matter that merits a complete investigation, and we demand to know who looked at Senator Obama’s passport file, for what purpose, and why it took so long for them to reveal this security breach.

Breaking: It seems people at the State Department have been digging around Obama’s passport file, resulting in two firings and a disciplining. But who are they, and what were they looking for? I’m not sure a travel record or a lousy passport photo would add up to much in any case.

For love of money.

“‘The evidence we have today indicated we have been deceived and betrayed for a number of years by a highly respected and trusted individual,’ said Rep. Tom Cole (R-Okla.), the NRCC chairman.” GOP high muckety-muck Christopher Ward allegedly bilks the National Republican Congressional Committee (NRCC) for almost a cool million. (As treasurer of the outfit, he funneled money out of the NRCC into his various secret stashes.) “Ward had served as treasurer for 83 GOP committees this decade. In the past five years, the committees took in more than $400 million in contributions.” Just goes to remind ya: We Dems may have our foibles, but when it comes to GOP scandals, it’s usually all about the avarice.

Beware of the Leopard.

It was announced earlier in the week that a new Pentagon study was set to confirm the obvious: “An exhaustive review of more than 600,000 Iraqi documents that were captured after the 2003 U.S. invasion has found no evidence that Saddam Hussein’s regime had any operational links with Osama bin Laden’s al Qaida terrorist network.” Big surprise there.

Well, apparently, even the obvious must be suppressed in the Dubya regime. According to ABC News, the report is now being hastily buried. “The report was to be posted on the Joint Forces Command website this afternoon, followed by a background briefing with the authors. No more. The report will be made available only to those who ask for it, and it will be sent via U.S. mail from Joint Forces Command in Norfolk, Virginia. It won’t be emailed to reporters and it won’t be posted online.” Instead, it seems, the report will be on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying “Beware of The Leopard.”

Update: ABC News asks for and receives a snail-mailed copy of the report, after which they promptly scan it and post it online as a PDF. Bang-up job suppressing that one, guys.

The Axe Falls on Renzi.

Speaking of Arizona Republicans in hot water, Rep. Rick Renzi is indicted on 35 counts of “conspiracy, wire fraud, money laundering, extortion and insurance fraud.” Kicked off the House Intelligence Committee when news of his shadiness emerged in 2005, Renzi also played a role in the persecuted prosecutors scandal, when it came out that both he and former AG Alberto Gonzales had pressured the US attorney to hold fire on him.

In Contempt.

At long last, some movement on the persecuted prosecutors front. As the Republicans walk out in a huff (after disrupting Tom Lantos’ memorial service — classy), the House votes to hold Harriet Miers and Josh Bolten in contempt of Congress. “The citations charge Miers with failing to testify and accuse her and Bolten of refusing Congress’ demands for documents related to the 2006-2007 firings.

RAND report? What RAND report?

“One serious problem the study described was the Bush administration’s assumption that the reconstruction requirements would be minimal. There was also little incentive to challenge that assumption, the report said…Another problem described was a general lack of coordination. ‘There was never an attempt to develop a single national plan that integrated humanitarian assistance, reconstruction, governance, infrastructure development and postwar security,’ the study said…The poor planning had ‘the inadvertent effort of strengthening the insurgency,’ as Iraqis experienced a lack of security and essential services and focused on ‘negative effects of the U.S. security presence.’

The NYT reports that the Dubya Pentagon has systematically worked to bury an unclassified 2005 study critical of the Iraq war’s conduct by the RAND corporation (the former employer of my ex-wife during my DC days, RAND also receives a memorable shout-out in Dr. Strangelove.) “The report was submitted at a time when the Bush administration was trying to rebut building criticism of the war in Iraq by stressing the progress Mr. Bush said was being made. The approach culminated in his announcement in November 2005 of his “National Strategy for Victory in Iraq.Update: Slate‘s Tim Noah wonders: “Isn’t this the story line of the Pentagon Papers?

Mukasey Unleashed.

“I think what I said was that we could not investigate or prosecute somebody for acting in reliance on a Justice Department opinion.” The honeymoon is way over. In congressional testimony yesterday, Attorney General and theoretical straight-shooter Michael Mukasey announces he won’t look into waterboarding, won’t look into the warrantless wiretaps, and won’t enforce the persecuted prosecutor contempt citations. His rationale for all this? If the Justice Department says it’s ok, it’s not illegal. “That would mean that the same department that authorized the program would now consider prosecuting somebody who followed that advice.” Sigh…it’s enough to make one miss Alberto Gonzales. Ok, not really.

U.S.: We Waterboarded.

“Hayden said Khalid Sheik Mohammed, Abu Zubayda and Abd al-Rahim al-Nashiri were waterboarded in 2002 and 2003. Hayden banned the technique in 2006, but National Intelligence Director Mike McConnell told senators during the same hearing Tuesday that waterboarding remains in the CIA arsenal — so long as it as the specific consent of the president and legal approval of the attorney general.

Not to be lost in the Super Tuesday shuffle (as intended): CIA Director Michael Hayden admits that we’ve waterboarded at least three high-level detainees. “Human Rights Watch, which has been calling on the government to outlaw waterboarding as a form of illegal torture, called Hayden’s testimony ‘an explicit admission of criminal activity.’

The Bigger the Lies…

“It is now beyond dispute that Iraq did not possess any weapons of mass destruction or have meaningful ties to al-Qaida…In short, the Bush administration led the nation to war on the basis of erroneous information that it methodically propagated and that culminated in military action against Iraq on March 19, 2003.”

A new study by the Center for Public Integrity and the Fund for Independence in Journalism counts up the staggering number of falsehoods made by the Bush administration in the lead-up to Iraq. “The study counted 935 false statements in the two-year period…Bush led with 259 false statements, 231 about weapons of mass destruction in Iraq and 28 about Iraq’s links to al-Qaida, the study found. That was second only to Powell’s 244 false statements about weapons of mass destruction in Iraq and 10 about Iraq and al-Qaida.” (Via Dangerous Meta.)