Wind Up The Wurlitzer

Joe Conason has a good piece on the firing of Bush Administration appointee and Americorps Inspector General Gerald Walpin, which has all the earmarks of a full-fledged hissy fit. Conason thinks the right is attempting to gin up Whitewater redux.

According to the wingnut version, Walpin is a heroic investigator who was ousted simply because he exposed misspending of hundreds of thousands of federal dollars by an Obama ally, namely former NBA star Kevin Johnson, who ran a nonprofit organization in Sacramento that received Americorps funding before he was elected mayor of the California state capital last fall. Walpin had to be removed on June 11, after he refused the president's request that he resign, because the White House was trying to cover up Johnson's wrongdoing and permit his city to receive federal stimulus money.

That simple and sinister scenario, like so many of the media descriptions of Whitewater, omits crucial facts.

It is true that Walpin found evidence of misuse and waste of Americorps funds by St. Hope Academy, a nonprofit community group started by Johnson after he retired from the NBA. It is true that Johnson and St. Hope have acknowledged that they must refund roughly half of the money that the group received from Washington. But it is also true that Walpin, a Republican activist attorney and trustee of the Federalist Society before Bush appointed him as inspector general, went well beyond his official mandate last year by publicizing supposed "criminal" wrongdoing by Johnson in the days before the Sacramento mayoral election.

And it is true as well that Lawrence Brown, the United States attorney in Northern California who received Walpin's findings, decided not to bring any criminal charges against Johnson and instead reached a settlement with him and St. Hope.

That settlement, filed last April, is a public document that reflects no great honor on Johnson, to put it mildly. But it also voided any possibility of a "coverup" by Obama or anyone in his administration. The case against Johnson had concluded months before the president acted to dismiss Walpin -- and in fact only drew attention to the case by doing so, as he must have known would happen.

Just as salient as the accusations against Johnson, however, are those brought by Brown against Walpin. A Republican named as the acting U.S. attorney by Bush, Brown filed a sharply worded complaint against Walpin with the oversight office for the federal inspectors general that charged him with ethical violations in an overzealous assault on Johnson and St. Hope. The U.S. attorney said that Walpin had "overstepped his authority by electing to provide my office with selective information and withholding other potentially significant information at the expense of determining the truth" -- in other words, Walpin had failed to provide substantive exculpatory facts to the U.S. attorney, while trying to push the government into opening a criminal probe of Johnson. During the election season in Sacramento, Brown noted that Walpin had sought publicity for his findings against Johnson in the local media before discussing them with the U.S. Attorney's Office, "hindering our investigation and handling of this matter."

Here the parallels with the early history of Whitewater seem nearly perfect. Brown's levelheaded handling of Walpin's exaggerated charges against Johnson are much like the dismissal of the original Whitewater complaints by Charles Banks, the U.S. attorney in Little Rock, Ark., and an honest Republican who refused to gin up a phony indictment of the Clintons before the 1992 election (and lost his job as a result). And Walpin's excessive zeal and lust for publicity bear a startling resemblance to the antics of L. Jean Lewis, the Resolution Trust Corp. official who concocted a series of implausible theories implicating the Clintons in the looting of an Arkansas savings and loan.

Walpin, incidentally, is a longtime movement conservative and a trustee of the Federalist Society. He obviously has plenty of friends ready to publicize his martyrdom. Already Judicial Watch has offered their aid, which again is a rerun, as they were the wingnut front organization largely responsible for so many drummed-up Clinton scandals in the 1990s. Darrell Issa, the Congressman who bankrolled the recall of Gray Davis in 2003, is trying to attack the credibility of Lawrence Brown by asking him to explain his complaint against Walpin. And Walpin himself wants Congressional hearings.

You can pretty much write the rest of this script yourself. Obviously it may go nowhere and just get relegated to the back pages of conservative fundraising newsletters and "Obama Body Count" email forwards. But at least some elements of the right are trying to turn this into a Whitewater Reunion Tour. And all we know the conservative noise machine/traditional media "jump/how high" relationship.

Keep an eye on this.

Issa Schooled For HSR Lies

Darrell Issa has had an interesting position in the 111th Congress as one of the chief yarn-spinners on the Republican side. I guess it's because he's immune to any charge of hypocrisy. First he demanded White House compliance with necessary Presidential Records Act laws regarding email, after playing down the Bush Administration's major failings in this regard. Yesterday, he appeared on MSNBC with David Shuster to parrot the latest RNC talking point, that the stimulus earmarked construction of an LA-to-Las Vegas high speed rail train. Now, I'm not sure what's so horrible about this - LA to Vegas is a busy corridor, especially on the weekends, and the route essentially goes through desert so construction will be disruptive to almost no communities. But the fact is that it's completely untrue - LA to Vegas is not on the current DOT high speed rail lists and no money expressly goes toward construction of that corridor. A fact that David Shuster inconveniently pointed out. I particularly enjoy the smile after he knows he's been caught.



This zombie lie isn't going away, but at least some reporters aren't taking the bait.

CA-49: Darrell Issa Uses Tim Russert's Death To Promote GOP Pet Issue

I don't particularly think that the House of Representatives should be making resolutions like honoring the life of Tim Russert when there is so much business to be done. But if they're going to do it, the least that members can do is exhibit the bare minimum level of decorum. In other words, not do what Darrell Issa did today.

ISSA: We are going to miss Tim Russert when it comes to the people on both sides of the issue of why we have $5 oil — $5 gasoline and $135 oil. I think Tim Russert would have been just the right guy to hold people accountable, who would talk about the 68 million acres that are, quote, inactive, while in fact 41 million are under current lease and use and are producing millions of barrels of oil and natural gas a day. […]

So, Madam Speaker, I am going to miss Tim Russert because this debate is too important not to have a fact-oriented, unbiased moderator who could in fact bring to bear the truth that we need to have.

You stay classy, guy who uses a journalist's death to pimp for oil exploration.

Robert Hamilton is Issa's Democratic opponent this year.

California Report

• Do read Robert in Monterey's report about Abel Maldonado, Don Perata's best buddy, running as a write-in candidate in the Democratic primary to stall an attempt to get an opponent on the November ballot. First of all, this is an example of why crossfiling should be banned once and for all. Second, Abel Maldonado is a snake and I can now see why Don Perata would knock on doors for him. Apparently, neither of them have much interest in the democratic process.

• Arnold thinks the legalization of gender-neutral marriage will be a boost to the sluggish economy, but I hope he's not basing his entire budget on a sharp uptick in gay weddings. I mean, there are only so many Mr. Sulus rich enough to have that surge register more than a blip. By the way, good for Mr. Sulu. And good for Ellen DeGeneres for telling Straight Talk Express where to shove it.

• Speaking of John W. McCain, he's in California today. Nobody show him the PPIC numbers!

• Lucas mentioned this, but Darrell Issa got in the middle of a heated exchange between Henry Waxman and EPA Adminstrator Stephen Johnson over the EPA's breaking the Clean Air Act. Emptywheel has video:



• Why Fabian Nuñez is claiming racial bias at this late date over questions about his travel practices is completely beyond me. And he's taken to Spanish-language television for these accusations to stoke divisiveness in the Latino community, too. It's so counterproductive, as well as misleading.

• Speaking of Spanish-speaking media, this is an older story, but it's fascinating to me that the Spanish-language channels in LA are so much more substantive than the English-language ones, featuring longer, "more deeply reported" pieces.

• We could see a settlement very shortly on prison overcrowding in the state which would not require early release. There are some decent components to this deal, but it basically gives everyone three more years to clean up their act, and I wouldn't be surprised if it just puts us in the same siutation come 2011. The policies needed are well-known; the political will remains elusive.

• The Bay Area AQMD passed a carbon tax for businesses that emit greenhouse gases. It's "not enough to change behavior," one expert said, but it does presage what may be coming down the pike for polluters. Whether you get there through selling carbon permits at auction or with a tax, the bottom line is that pollution is going to cost enough money to alter business' approach to engaging in it. This is a good step.

• Arnold's plan to borrow against the lottery (and it is borrowing) is getting almost unanimously bad reviews, including from the budget nun.

• Interesting that we denied the endorsement to Rep. Laura Richardson (CA-37) on the same day that she is forced to defend herself against allegations that she walked away from her foreclosed home in Sacramento. It sounds like the Congresswoman renegotiated the loan, but the conservative fever swamps are all over this one (check the comments in that LAT blog post). She did buy the half-million-dollar home with no money down, and then left Sacramento almost immediately after winning election to fill the open seat in Congress.

Uh, Issa's Breaking the Law, Too

Bill Cavala knows what he's talking about.

In a story printed in today’s Sacramento Bee, Republican Congressman Darrell Issa is said to be “sending out letters to the same voters who signed the recall position in 2003”.

But that’s against the law. California Elections Code 18650 states clearly that, “No one shall knowingly or willfully permit the list of signatures on an initiative, referendum, or recall petition to be used for ANY PURPOSE other than qualification of the initiative, referendum or recall”. [Emphasis added] Violation of this section is a misdemeanor.

That’s pretty clear, isn’t it? Wouldn’t you expect a Member of Congress to know the law? Well, maybe we can’t expect a Republican Member of Congress to obey the law??

Somebody alert Jerry Brown. Darrell Issa is breaking the law, and look what the result could be:

While the violation involving the use of the data is only a misdemeanor, providing the signatures, database, and anything else owned by the Recall Committee is an "in kind contribution"-- an unreported contribution. The Recall committee needs to approve it in order to provide this asset to the "California Counts" committee that is trying to qualify the Electoral College scheme on the ballot. Such a use could be in violation of the trust provisions that govern ballot measure expenditures (felonies). And the unreported contribution and the person controlling the committee could be prosecuted under the criminal misdemeanor provisions of the political reform act. (Where the penalty is loss of office) (emphasis mine)

I don't think that you could remove someone from federal office at the state level, right? But dare to dream. Would that be some sweet justice for the architect of the California recall, or what?

Six CA Republicans With Under $250K In Their War Chests

This diary at Open Left shows the very real opportunity available in California this time around. Six Congressional Rpublicans who are running for re-election have less than $250,000 in cash on hand. The NRCC, the campaign arm for the House GOP, is spread thin by retirements and challenges. So many incumbents are going to be on their own in 2008. And saying "Hello, I'm a Republican member of Congress" just doesn't rake in the money like it used to. Here's the list:

John Doolittle, CA-04
George Radanovich, CA-19
Ken Calvert, CA-44
Mary Bono, CA-45
John Campbell, CA-48
Darrell Issa, CA-49

I can add to this the fact that Gary Miller only raised a paltry $40,000 last quarter. And Doolittle's problems are well-documented.

Unfortunately, our Democrats statewide haven't fully stepped up. Two of these incumbents (Radanovich, Issa) don't have challengers yet, and Mary Bono just got one in Paul Clay. But I would hope that Art Torres and the team would wake up to the fact that there are opportunities all over the map, in places that would significantly help down-ballot races as well.

Issa: "Nice Committee Chairman You Got There, It'd Be A Shame If Something Happened To Him."

Henry Waxman is doing yeoman work today at a House Oversight Committee hearing on Blackwater, not only taking them to task for the irresonsible and lawless behavior of their security personnel within Iraq, but directly blaming the State Department for blocking meaningful investigation.

Waxman pointed to a Dec. 2006 incident, in which a drunken Blackwater contractor shot the guard of the Iraqi vice president:

The State Department advised Blackwater how much to pay the family to make the problem go away and then allowed the contractor to leave Iraq just 36 hours after the shooting. Incredibly, internal e-mails documented the debate over the size of the payment. The charge d’affaire recommended a $250,000 payment but this was cut to $15,000 because the diplomatic security service said Iraqis would try to get themselves killed for such a large payout.

Waxman noted that in light of such evidence, it’s hard “not come to the conclusion that the State Department is acting as Blackwater’s enabler.”

In response to these revelations, another member of the Oversight and Government Reform Committee, Darrell Issa, basically threatened Waxman with a fragging.

If Henry Waxman today wants to go to Iraq and do an investigation, Blackwater will be his support team. His protection team. Do you think he really wants to investigate directly?

TPM has the video.



It's hard to characterize this as anything but a veiled threat. Disgraceful.

(Incidentally, for another California connection, the CEO of Blackwater was an intern for Dana Rohrabacher many years ago. Can you say "conflict of interest"?)

Congratulations to California!

CREW just released their 3rd annual "Most Corrupt Members of Congress" report. They list 22 members of Congress as the most corrupt. And with 5 members, California wins for the most on the list!!!

Rep. Ken Calvert (R-CA)
Rep. John T. Doolittle (R-CA)
Rep. Duncan Hunter (R-CA)
Rep. Jerry Lewis (R-CA)
Rep. Gary G. Miller (R-CA)

On behalf of all Golden Staters, I want to thank all of these Representatives for having the wisdom, foresight, and venality to give the state this honor. Sure, the ENTIRE Alaska delegation is on the list, making them slightly mnore corrupt. But 5 out of 22 is not bad. Not bad indeed. Especially when you consider that there are only 19 federal representatives who are Republican, and 5 of them made the list! That's called dedication!

These guys might want to worry about the fact that Brent Wilkes just subpoenad a bunch of them.

Former House Speaker Dennis Hastert, House Republican Whip Roy Blunt and 11 other members of Congress have been subpoenaed to testify in the trial of a defense contractor charged with bribing jailed former Rep. Randy "Duke" Cunningham.

All of the lawmakers said they do not intend to comply with the subpoenas.

Those subpoenad include Hunter, Lewis, Doolittle, and as a bonus, Rep. Darrell Issa, who claimed "This subpoena is a mystery." House lawyers have said it would be against House rules to comply.

It looks like Wilkes' team of lawyers is set to argue that the lawmakers asked for the bribes, rather than the other way around. I think giving bribes is a crime, regardless of who asked for them, so I don't know how this will fly. But clearly, this could damage some Congressional reputations. Or in the case of the CREW list, enhance them! Let's go for 6 in 2008!

Darrell Issa Hearts Terrorists!!1!!!

This Pelosi-to-Syria story has gotten totally ridiculous. Now we have a Republican lawmaker, Darrell Issa of California, not only meeting with the Syrian leader, but criticizing the Administration in the same breath:

Commenting on Bush’s criticism, California Republican Darrell Issa said the president had failed to promote the necessary dialogue to resolve disagreements between the U.S. and Syria.

“That’s an important message to realize: We have tensions, but we have two functioning embassies,” Issa told reporters after separate meetings with Assad and his foreign minister, Walid al-Moallem.

Republican leaders are now actually arguing that it's OK for Congressmen in their Party to visit Syria but not Pelosi because she's... because she's a Democrat.

They're actually going ahead and arguing this now. They're making the It's OK If You're A Republican (IOKIYAR) theory into OFFICIAL STATED POLICY.

Wow. Just wow. Sometimes it doesn't pay to blog - this stuff is so self-evident.

Look What I Found

Rep. Darrell Issa did an online chat today where he again tried to peddle the Republican line that Carol Lam was fired solely because of her lax prosecution of drug smugglers and border crossers in San Diego. But he neglected to mention his role in the case.

Issa's leak of an anonymous report about border smuggling was very deliberate. Lam was expanding the Cunningham investigation into the FBI and the Dusty Foggo/Brent Wilkes/Hookers at the Watergate situation. And the Lewis investigation was ramping up at the same time, unquestionably with at least a little support from Lam's office since all the players were the same. Issa received the report about border crossings and smugglers several months before he released it.

In actuality he was just a messenger, dropping the report in a convenient way for DoJ to justify firing Lam. More from emptywheel:

That means that Issa, after having sat on the report for at least six months, suddenly saw fit to publish it--and do a media campaign around it--just a week or so after Lam's investigation of Cunningham expanded to include Jerry Lewis and Dusty Foggo. What a remarkable coincidence, huh?

But I wonder if there isn't another coincidence here. Issa received this document back in fall 2005, right? I wonder if it was anytime around the time that a bunch of Republican Congressmen from California wrote a letter complaining about Lam's immigration prosecution policies. I ask that question, you see, because a whole bunch of those who signed that letter are among those who were targets of what would be--or might have been--Lam's expanded investigation. The signers include:

Duke Cunningham
Jerry Lewis
Richard Pombo
John Doolittle
Duncan Hunter
Bill Thomas

Man, I wish I caught this earlier, that would've been my question.