by TChris

The president who, during a presidential debate, couldn't recall making a bad decision now confesses that he made mistakes. Today's spin diverts attention from the president's poor policy choices to his poor communication skills. The folksy president regrets using colorful expressions like "bring 'em on" and "dead or alive" because "certain parts of the world" (including, presumably, the rest of it) misinterpreted his "tough talk." Could be that all the needless killing reinforced that (mis?)interpretation, but the president didn't go there.

With Tony Blair at his side, President Bush firmly reaffirmed his commitment to stay the course in Iraq, dismissing rumors of troop reductions as "speculation in the press." The policy that brought us 2,460 U.S. military deaths and chaos in Iraq won't change, but Bush has promised to explain the policy "in a more sophisticated manner" from now on. Oh Lord, please don't let me be misunderstood.

Former Ken Starr Deputy and Bush water-carrier Brett Kavenaugh was confirmed to a seat on the D.C. Court of Appeals. He may be the most unqualified appeals judge to be appointed in decades.

According to his DOJ resume, he has never been a judge or a trial lawyer. He's never tried a case. He has been a law clerk numerous times and a Starr deputy during Clinton (after which he became a partner at Starr's firm, Kirkland and Ellis.) He spent a year in the Solicitor General's office and then became associate counsel for Bush. Since 2003, he has been a staff secretary in the White House counsel's office.

The Senate today confirmed Gen. Michael Hayden as Director of the CIA. The vote was 78 to 15.

Sen. Arlen Specter voted against Hayden, as did Russ Feingold.

by TChris

A group of marines "carried out extensive, unprovoked killings of civilians" in Iraq, according to congressional and Pentagon officials who have been briefed on the results of an inquiry into the deaths of two dozen Iraqis last November.

Evidence indicates that the civilians were killed during a sustained sweep by a small group of marines that lasted three to five hours and included shootings of five men standing near a taxi at a checkpoint, and killings inside at least two homes that included women and children, officials said.

The military first claimed the civilians were killed by a makeshift bomb, then announced that they were caught in a cross-fire between marines and insurgents.

A separate inquiry has begun to find whether the events were deliberately covered up.

I'm told this is the most popular screen-saver in the U.S. (If he gets stuck, just move him with your cursor or right-click and press play.)

Here's an open thread to begin the holiday weekend.

President Bush has sealed the records seized by the FBI from Rep. William Jefferson's congressional office.

The president directed that no one involved in the investigation have access to the documents taken last weekend from the office of Rep. William Jefferson, D-La., and that they remain in the custody of the Justice Department's solicitor general.

Bush's move was described as an attempt to cool off a heated confrontation between his administration and leaders of House leaders of both parties, particularly Speaker Dennis Hastert.

The Solicitor General's office? A commenter at Law Prof Orrin Kerr's blog says:

The Solicitor General's office is an impenetrable lockbox! It is clothed in sovereign immunity from everything! What's more, the Solicitor General's offices cannot be breached by a warrant! The Solicitor General speaks and debates before the Supreme Court and thus is protected by Article III AND Article I.

The Wall St. Journal reports (free link) that the Government may help the phone companies defend the lawsuits brought over contracts to turn over customer records by asserting a states secret privilege:

The plaintiffs, who accuse Bell phone companies of privacy violations and are seeking billions of dollars in damages, would need to delve into the depths of the NSA's surveillance program to make their cases. But the government considers such information top secret, and legal experts expect the Bush administration to assert the "state secrets" privilege in the 20 or more lawsuits filed by privacy advocates in recent weeks. If judges accept the claim, as has been the case in nearly every instance in which it has been asserted since the early 1950s, the suits will dissolve.

According to one phone company lawyer:

From Congressman Maurice Hinchy's office:

In an effort to find out who blocked an internal U.S. Department of Justice (DOJ) investigation of the agency's role in the National Security Agency (NSA) warrantless surveillance program and the reasons for doing so, Congressman Maurice Hinchey (D-NY) today introduced a resolution of inquiry (pdf) in the House that would force top members of the Bush administration to turn over all materials related to the termination of the probe.

Joining him are Congressman John Lewis (D-GA), Congressman Henry Waxman (D-CA), and Congresswoman Lynn Woolsey (D-CA). A resolution of inquiry is a bill seeking factual information from the Executive Branch.

Murray Waas and Shane Harris have an article in the National Journal explaining the background to the controversey.

In 1,278 pages of discovery, there is only one reference to how the accuser in the Duke Lacrosse player's alleged rape case described her attackers to police. Yet DA Nifong says he has turned over his complete file. How can that be? The defense isn't buying it and Reade Seligman's attorney filed a motion today requesting the DA turn over her descriptions.

"At some point in their interviews and investigations, one or more of these officers asked (the accuser) to describe the men who she claims sexually assaulted her, and (she) provided some answer to that question," the motion filed by lawyers Bill Cotter and Wade Smith said.

Her "response to that question is critical to the defense of the case and the state may not withhold that evidence from the defendant."

President Bush named his new chief domestic policy advisor yesterday. He is Karl Zinsmeister. Bush described him as an "innovative thinker" that would bring "energy and a fresh perspective."

Josh Gerstein at the New York Daily News did some checking. Greg Sargent at American Prospect files a report, Straight From the Horse's Mouth.

Update: Scroll to the bottom to see Rove Spokesperson Mark Corallo's response to Murray's article:

Murray Waas has a new article on the Valerie Plame leaks investigation, disclosing that federal agents became suspicious of Karl Rove and Bob Novak because of a telephone conversation in which Novak reached out to assure Rove he would protect him as his source. The conversation was on September 29, 2003, three days after it became public that the Justice Deparment was opening a criminal investigation into the leak.

Sources said that Ashcroft received a special briefing on the highly sensitive issue of the September 29 conversation between Novak and Rove because of the concerns of federal investigators that a well-known journalist might have been involved in an effort to not only protect a source but also work in tandem with the president's chief political adviser to stymie the FBI.

Murray reports that Rove disclosed the conversation to investigators and to the grand jury.

Waas further reports investigators were suspicious because Rove and Novak's versions of their July 9, 2003 telephone call were so similar.

by TChris

Breaking news:

Enron founder Kenneth Lay was convicted today of all six counts against him, including conspiracy to commit securities and wire fraud.

Former Enron Chief Executive Jeffrey Skilling was convicted of conspiracy to commit securities and wire fraud.

Update: TL: From the AP:

Lay was also convicted of bank fraud and making false statements to banks in a separate trial related to his personal banking.

Lay was convicted on all six counts against him in the trial with Skilling. Skilling was convicted on 19 of the 28 counts against and acquitted on the remaining nine.

More news of verdict here. TalkLeft background on the case is collected here.