Robbing for Roberts?

Did White House officials steal a file on John Roberts’ affirmative action record from the National Archives last year? “This investigation is unresolved and the file is still missing,” says a new report by the Archives Inspector General, which Tim Noah dissects over at Slate. (Hmmm…was it reclassified, perhaps?) Still, according to the report, a White House staffer was the last person known to have the file, and “[t]he report’s findings contradicted the assertions of Archives officials, who said last August that an attendant had been in the room at all times and that the lawyers had been separated from their bags.” The mystery deepens…

Alarm Call.

“In defending the previously disclosed program, Bush insisted that the NSA was focused exclusively on international calls. ‘In other words,’ Bush explained, ‘one end of the communication must be outside the United States.’ As a result, domestic call records — those of calls that originate and terminate within U.S. borders — were believed to be private. Sources, however, say that is not the case.USA Today unleashes a firestorm in Washington today after the paper uncovers a NSA plan to “create a database of every call ever made.” (Q&A) “With access to records of billions of domestic calls, the NSA has gained a secret window into the communications habits of millions of Americans. Customers’ names, street addresses and other personal information are not being handed over as part of NSA’s domestic program, the sources said. But the phone numbers the NSA collects can easily be cross-checked with other databases to obtain that information.

Dubya’s response? As expected, we’re only going after the bad people. Nevertheless, Dems and even moderate Republicans in Congress are livid over these new revelations, to the point of possibly spiking the Hayden bid for CIA chief. For his part, Senate Judiciary Committee chair Arlen Specter says he’ll chair hearings on the matter, but, really, what else is new? For all his tough talk in the past, so far he’s remained a paper tiger when it comes to curbing Dubya’s imperial pretensions. Still, one would think this stunning leak might breathe new life into Sen. Feingold’s censure resolution, as well as strong congressional legislation that might finally help to redress this administration’s startling contempt for civil liberties. After all abuse and torture, secret and/or illegal gulags, indefinite detentions without cause or charges, extraordinary rendition, and warrantless wiretaps are all one thing…but now you’re hitting most Americans where they live. Update: Or not — A new poll shows Americans surprisingly sanguine about NSA data-mining. Update 2: Or are they?

You need us on that wall.

“This administration thinks they can just violate any law they want, and they’ve created a culture of fear to try to get away with that. It’s up to us to stand up to them.” In very related news, the Justice Department closes its investigation into the NSA warrantless wiretaps because the NSA denied them the necessary security clearances. “We have been unable to make any meaningful progress in our investigation because OPR has been denied security clearances for access to information about the NSA program…Without these clearances, we cannot investigate this matter and therefore have closed our investigation.

Goodbye Gulag?

“The most important aspect of the president’s comment isn’t just that he acknowledged, at least tacitly, that Gitmo is a disaster and must be closed; or even that he acknowledged that detainees have a basic right to some adjudicatory process. These two concessions are momentous, but they pale next to his admission that he is in any way bound by the decision of the high court — that the court will have the last word on anything to do with the war on terror.” Slate‘s Dahlia Lithwick dissects some surprising recent comments by Dubya on Guantanamo Bay, and ponders the future of the Gitmo Gulag. “[Recent] silent mass releases do suggest that Donald Rumsfeld’s famous 2002 claim, that the then-760 prisoners at Guantanamo were ‘the worst of the worst,’ was something of an overstatement. They were probably closer to ‘the best of the worst,’ or as I’ve suggested, ‘the least lucky of the middling.’ The actual worst of the worst have been relegated to a whole other secret prison system that actually makes Guantanamo look rather attractive.

Guilty by Suspicion.

“Officers are told to look for individuals who wear bulky clothing in the summer, pace back and forth, fidget with something beneath their clothing, fail to make eye contact, wear too much cologne, or have strange hair coloring. The indicators are also contradictory and inconsistent. Officers are told, for example, to look for individuals who are nervous and individuals who are calm, individuals who are overtly Muslim (those who mumble as if praying or who wear scented water for “ritual purification”) and individuals who seem to hide their Muslim identity so as to blend in. In sum, the guidelines are meaningless to officers who only have a few seconds to decide whether an individual constitutes a real threat before deploying lethal force.” A new report by NYU’s Center for Human Rights and Global Justice finds suspect racial profiling at work in police anti-terror initiatives that can — and does — lead to fatal error. “The identification of suspects cannot be based on confusing indicators, or on the assumption that all Muslims, or those perceived to be Muslim, are potentially terrorists…If people can be shot on the basis of these assumptions, mistakes are bound to be made.

Hiding in Plain Right.

“Many of us are disturbed by the calls for investigations or even impeachment as the defining vision for our party for what we would do if we get back into office.” Concerned about the desire for possible investigations of Dubya (as well as calls for withdrawal from Iraq) among the party’s grassroots and left-wing, the Democratic hawks of the DLC make a case for running on national security issues. I dunno..at first glance, it sounds like the same-old stale brand of warmed-over protective camouflage that the DLC’s been pushing on us for years…first you’d have to convince me that calling Dubya out for his multiple civil liberties violations and breaches of the public trust, as well as putting the brakes on our badly mismanaged foray into Iraq, aren’t national security issues.

Hayden for a Fight?

Dubya officially nominates Michael Hayden to replace Porter Goss at CIA, despite bipartisan criticism of Hayden’s military background. “U.S. Rep. Pete Hoekstra, chairman of the House Intelligence Committee, said, ‘This appointment…signals that we are not that concerned about having an independent intelligence community independent of the Department of Defense.‘” Nevertheless, some top Dems, including the House Intelligence Committee’s Jane Harman and Sen. Dianne Feinstein, have indicated that they’re both ok with the pick and will, likely, avoid the NSA wiretaps issue like the plague during the hearings.

Goss Begone.

As y’all have probably heard by now, controversial CIA chief Porter Goss was forced to quit his post yesterday, no doubt to much rejoicing at Langley. “As the normally mild-mannered Ivo Daalder, a former staff member at the National Security Council under Bill Clinton, put it, ‘Porter Goss was such an absolute disaster for the agency and our national security that his departure comes not a day too soon.’” Goss chalked up his abrupt dismissal as “just one of those mysteries,” but other reports suggest the real reason — bribes, poker, and prostitutes — is less mysterious than it is just plain unsavory. “‘It’s all about the Duke Cunningham scandal,’ a senior law enforcement official told the Daily News in reference to Goss’ resignation.” As for his replacement, Dubya has tapped former NSA chief Michael Hayden, which may mean the warrantless wiretaps may soon get another hearing in the Senate.

Shelter from the Storm.

Looking for political cover in the wake of Dubaigate, the House passes a $7.4 billion port security bill 421-2, with money included for “new port security inspectors, nuclear weapons screening and the development of an automated system to pinpoint high-risk cargo. The 421 to 2 vote came just hours after the White House expressed strong misgivings over the cost and feasibility of the bill.

Speaking Truthiness to Power.

I believe that the government that governs best is a government that governs least, and by these standards we have set up a fabulous government in Iraq.” In a must-watch (or at least must-read) event, the inimitable Stephen Colbert took it to Dubya hard at last night’s White House Correspondent’s dinner, and Bush, according to press reports, was not amused. Great stuff throughout:

* “I believe in pulling yourself up by your own bootstraps. I believe it is possible — I saw this guy do it once in Cirque du Soleil. It was magical. And though I am a committed Christian, I believe that everyone has the right to their own religion, be it Hindu, Jewish or Muslim. I believe our infinite paths to accepting Jesus Christ as your personal savior.

* “Now, I know there’s some polls out there saying this man has a 32% approval rating. But guys like us, we don’t pay attention to the polls. We know that polls are just a collection of statistics that reflect what people are thinking in ‘reality.’ And reality has a well-known liberal bias…Sir pay no attention to the people who say the glass is half empty, because 32% means it’s 2/3 empty. There’s still some liquid in that glass is my point, but I wouldn’t drink it. The last third is usually backwash.

* “I stand by this man. I stand by this man because he stands for things. Not only for things, he stands on things. Things like aircraft carriers and rubble and recently flooded city squares. And that sends a strong message, that no matter what happens to America, she will always rebound with the most powerfully staged photo ops in the world.

* “I’m sorry, but this reading initiative. I’ve never been a fan of books. I don’t trust them. They’re all fact, no heart. I mean, they’re elitist telling us what is or isn’t true, what did or didn’t happen. What’s Britannica to tell me the Panama Canal was built in 1914. If I want to say it was built in 1941, that’s my right as an American. I’m with the president, let history decide what did or did not happen. The greatest thing about this man is he’s steady. You know where he stands. He believes the same thing Wednesday, that he believed on Monday, no matter what happened Tuesday.

* “But the rest of you, what are you thinking, reporting on N.S.A. wiretapping or secret prisons in Eastern Europe? Those things are secret for a very important reason, they’re superdepressing. And if that’s your goal, well, misery accomplished. Over the last five years you people were so good over tax cuts, W.M.D. intelligence, the effect of global warming. We Americans didn’t want to know, and you had the courtesy not to try to find out. Those were good times, as far as we knew.

* “But, listen, let’s review the rules. Here’s how it works. The President makes decisions, he’s the decider. The Press Secretary announces those decisions, and you people of the press type those decisions down. Make, announce, type. Put them through a spell check and go home. Get to know your family again. Make love to your wife. Write that novel you got kicking around in your head. You know, the one about the intrepid Washington reporter with the courage to stand up to the administration. You know, fiction.

* “I mean, nothing satisfies you. Everybody asks for personnel changes. So the White House has personnel changes. Then you write they’re just rearranging the deck chairs on the Titanic. First of all, that is a terrible metaphor. This administration is not sinking. This administration is soaring. If anything, they are rearranging the deck chairs on the Hindenburg.

* “See who we’ve got here tonight. General Mowsly, Air Force Chief of Staff. General Peter Pace. They still support Rumsfeld. You guys aren’t retired yet, right? Right, they still support Rumsfeld.

* “Jesse Jackson is here. I had him on the show. Very interesting and challenging interview. You can ask him anything, but he’s going to say what he wants at the pace that he wants. It’s like boxing a glacier. Enjoy that metaphor, because your grandchildren will have no idea what a glacier is.” (Note: YouTube has smaller clips, too.)