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.

by TChris

It has frequently been suggested that if English is to be enshrined as the national language, the president should learn to speak it. This editorial opines that President Bush is merely enriching the language with words of his own invention.

"Suicider" is in none of the standard dictionaries, not even the 12-volume Oxford English Dictionary considered the definitive standard. At least the word is not there yet; the president is a determined individual.

He used "suicider" again Tuesday. Four times. In the White House. In the stately East Room. At a serious diplomatic function. In front of a visiting head of government, Israeli Prime Minister Ehud Olmert. How much more serious can you get?

So there it is. "Suicider" is a for-real word. The Decider has spoken.

Meanwhile, Dan Froomkin argues that the president's obsession with "suiciders" is out of touch with the reality of the violence in Iraq.

A Department of Justice official has denied an ABC News' report that House Leader Denny Hastert is under investigation in the corruption probe connected to Jack Abramoff, as reported by ABC News' Brian Ross yesterday.

Hastert is demanding ABC News retract its story. Hastert's statement is here (pdf).

Raw Story reports ABC News is standing by Ross' story. From ABC:

Patrick Fitzgerald has filed another response (pdf) to Scooter Libby's motion to compel documents. He includes portions of Libby's grand jury testimony from March 4 and March 24 as exhibits (pdf).

An AP report of tonight's filing is here, with a headline that Cheney may be called as a witness in Libby's trial. What Fitzgerald really said is, with respect to the issue of authenticating the copy of Joseph Wilson's July 6 New York Times op-ed with Cheney's hand-written notes on it (discussed here) that there are three ways to authenticate the article, one of which would be by calling Cheney as a witness. Fitz adds:

Contrary to defendant's assertion, the government has not represented that it does not intend to call the Vice President as a witness at trial. To the best of government's counsel's recollection, the government has not commented on whether it intends to call the Vice President as a witness.

Fitzgerald is clearly gung-ho to introduce Cheney's hand-annotated copy of Wilson's column into evidence at trial. Cheney had written on the article:

by TChris

More than 175 people have been exonerated by post-conviction DNA testing. The Justice Project brings you the details of recent DNA exonerations in New York and Pennsylvania, along with the disturbing report of a Tennessee judge who has refused to permit DNA testing that might save an inmate from execution. Just as disturbing:

At this time, no state provides, as an absolute right, access to post-conviction DNA testing.

The Justice Project is trying to change that. Here's how you can help.

Karl Rove is going about business as usual. He met with the Republican rank and file today about immigration. This doesn't sound like a man who fears an imminent indictment, although, even if he did, what choice would he have but to carry on his regular duties?

The media also seems to be letting up on the attacks on Jason Leopold. Keith Olbermann on Countdown last night noted (as I did yesterday morning) that Jason Leopold beat the the New York Daily News by two months in reporting about Robert Grenier's connection to the Scooter Libby case. Jason's article was written March 18, the day after Libby's lawyers revealed it in a pleading.

Keith said:

As Attorney General Alberto Gonzales defends the NSA warrantless surveillance using a 1979 case on pen registers, the ACLU has filed complaints in 20 states today to stop Bush's warrantless surveillance of our phone records.

In nationally-coordinated filings the ACLU and its supporters are demanding action at the FCC in Washington and in the following states: Arizona, Colorado, Connecticut, Delaware, Florida, Iowa, Kansas, Massachusetts, Missouri, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia and Washington.

The group also has taken out ads in major newspapers today.