The Inspector General's report on the FBI's use and abuse of National Security Letters has been released. It's called "A Review of the FBI’s Use of National Security Letters: Assessment of Corrective Actions and Examination of NSL Usage in 2006, March 2008" and is available here (pdf).

Also out today, "A Review of the FBI’s Use of Section 215 Orders for Business Records in 2006, March 2008" available here (pdf.)

The ACLU's reaction to the report is here. [More...]

By Big Tent Democrat

(Speaking for me only)

Steve Benen notes Ed Rendell saying this:

On a conference call with reporters moments ago, Rendell said: "Let's assume that Senator Clinton goes ahead in the popular vote count." He then asked, "which is more democratic" -- choosing the winner of the popular vote or the winner of the pledged delegate count.

"The way we select delegates is not all that democratic," Rendell continued, in a reference to caucus voting. "The rules were going in that super-delegates were there to exercise their judgment...as a super-delegate I want to make sure we win in the fall, and I'm gonna take the candidate who can do that."

Steve acknowledges the power of that argument while doubting Clinton can win the popular vote. Frankly, speculation from any of us is rather pointless. Let's count the votes when they come in. But therein lies the problem with the Clinton campaign's refusal to fight for revotes in Florida and Michigan. To be perceived as the popular vote winner, Clinton needs revote wins in Florida and Michigan. I do not understand the Clinton campaign strategy at all on Florida and Michigan.

The Canadian press is doing a good job of covering the pre-trial hearings underway this week at Guantanamo. As I wrote Sunday, one pertains to Canadian Omar Khadr, now 21, who was captured at age 15 and has been held ever since. The defense is targeting Omar's interrogations and scored a partial victory today in getting the judge to order that correspondence between the U.S. and Canada about Omar be turned over.

The other hearing is that of Afghan Mohammed Jawad. Jawad was 16 when he was captured. His hearing yesterday did not go smoothly.

The military's 90 page document outlining charges against all charged detainees is here(pdf).

The ACLU is monitoring the hearings. In related news, (no link yet, received by e-mail) the ACLU is filing a lawsuit today "to force the government to release un-redacted transcripts in which 14 prisoners now held at Guantánamo Bay describe abuse and torture they suffered in CIA custody."

By Big Tent Democrat

Speaking for me only

Mark Halperin reports this absurdity:

-Michigan’s 156 delegates would be split 50-50 between Clinton and Obama.

–Florida’s existing delegates would be seated at the Denver convention—but with half a vote each. That would give Clinton a net gain of about 19 elected delegates.

– The two states’ superdelegates would then be able to vote in Denver, likely netting Clinton a few more delegates.

Does anyone think this will salve the wounds? Would Clinton be stupid enough to accept this? This is Howard Dean's plan? How clueless is the Democratic Party?

NOTE - Comments are closed

By Big Tent Democrat

Speaking for me only

While I earlier criticized the Clinton campaign's work on revoting Michigan and Florida, let me reserve my most serious criticism for the work of the DNC on this, particularly Howard Dean. What I find hilarious is the notion that Howard Dean will somehow step in and "end the campaign," when he can not even step in and lead on this, where there is an obvious need for Party leadership. Instead, Dean says things like this:

[T]oday on CNN Howard Dean said the DNC wouldn't back any plan that isn't favored by both campaigns: "We’d like to do it in a way that’s fair, that both sides believe is fair. Fair to the voters but also fair to the campaigns."

So Dean will do nothing, lead nothing, help with nothing. What a disaster the DNC is.

By Big Tent Democrat

Speaking for me only

Mark Penn has been an albatross across the neck of the Hillary Clinton campaign. Today he does it again:

Here is what Penn said. . . ."Obama "really can't win the general election." As you'll hear, he also says that "if Barack Obama can't win" in Pennsylvania, "how could he win the general election?"

Later, a reporter asks what he meant. Clinton campaign communications chief Howard Wolfson jumps in to say that "Mark did not say that." Then Penn says that if Obama doesn't win the Pennsylvania primary, it "raises serious questions" about whether he can win the general election.

What do you think the solid Howard Wolfson thinks of Penn? Probably the same as I do, that Penn is a dope.

By Big Tent Democrat

Speaking for me only.

Based on the lack of support the Clinton campaign has voiced for the Florida revote plan and its failure to propose, argue for or even discuss what to do about Florida and Michigan in concrete terms, it is my considered view that the Clinton campaign is not really interested in revotes in Florida and Michigan. Instead it appears that the Clinton camp merely wants to create some type of appearance issue against the Obama campaign.

It is foolish and it is wrong of the Clinton campaign to do this. Foolish because without revotes in Florida and Michigan, neither state will be perceived as a true win for Clinton and the popular votes cast will not be considered seriously in the popular vote calculation. These are two essential ingredients, imo, for a Clinton victory narrative.

More . . .

Via the AP:

The head of Florida's Democratic Party said Thursday the proposed vote-by-mail presidential primary is unlikely to go forward because of strong opposition and concerns about conducting the vote.

[Karen]Thurman will review comments from Democratic leaders and make a decision by Monday on whether to proceed with the re-vote. But she acknowledged that Obama has had concerns and the Democratic National Committee won't support a proposal unless both candidates also back it. She said there's a serious question over whether the state could legally verify the signatures of a privately run election. "If this becomes something that we can't do, then we can't do it," Thurman said.

One added note: This is not an open thread. Comments not related to the revote and Florida primary will be deleted.

By Big Tent Democrat

I was never good at math, but I think Andrew Sullivan and Mark Schmitt have a math problem here:

[I]t will take a colossal victory, almost 60%, for Clinton to get a 200,000 vote edge out of Pennsylvania.

Clinton won by 228,000 votes in Ohio with a 10 point margin. I presume that a 20 point win in Pennsylvania will likely produce a 450,000 margin at least for Clinton. Beware of candidate supporters and their math.

By Big Tent Democrat

A Marc Ambinder reader who purports (I do not question this, I simply can not confirm it) to be a former attorney in the DOJ Voting Rights Section says:

I was the DOJ attorney who discussed [allowing Internet voting] with the Michigan Democratic Party, reviewed the party's submission to DOJ, and recommended preclearance. DOJ approved the change and the state party's Internet voting in the 2004 primary election proceeded.

The do-over elections being discussed for Michigan and Florida would similarly be "changes affecting voting" since they would be new elections held on previously unscheduled election dates. Under Section 5 of the Voting Rights Act, these changes must be precleared by DOJ . . .

(Emphasis supplied.) More . . .

By Big Tent Democrat

Speaking for me only.

I have the utmost respect for Jeralyn's opposition to a Florida revote. But I think Jeralyn does not ask herself the real question we face now. To wit, the choice is between a revote and not seating the Florida delegation. The original Florida primary vote result will not be honored by the DNC. That is a fact. The choice now is between no Florida delegation and a Florida delegation chosen by a revote.

The plan submitted by the Florida Democratic Party is the only one being offered, the only one viable. It must be supported. Not seating a representative Florida (and Michigan) delegation will be disastrous for the Democratic Party's chances in those two states come November.

In my view, there is no choice. We must support the Florida revote plan.

NOTE- Comments closed.

The AP has released new delegate totals. As a result of New York and Colorado releasing final numbers, Obama's delegate lead is the same now as it was before Mississippi. Here's what happened:

Obama won 19 of the 33 delegates at stake Tuesday, according to the Associated Press tally, which gives him an overall lead, including superdelegates, of 111.

Clinton, however, eliminated Obama's gain from Mississippi when she picked up five delegates yesterday based on final results from the New York primary and the Colorado caucuses, both held Feb. 5.

Thus, Obama's gain from Mississippi is no more.

Update: Comments Over 200, thread now closed