Justice Department

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Many of us celebrated when the Justice Department announced it had indicted three police officers for obstructing justice in the case of the bias-crime murder of a Latino named Luis Ramirez in the rural town of Shenandoah, Pennsylvania.

But as Maegan La Mamita Mala at Vivir Latino observes (be sure to read the whole post):

Civil rights and the more expansive human rights matter little when you’re dead. So longer sentences make us feel better, like all the marching, chanting, petition signing, mouse clicking and text messaging meant something. Whatever the outcome of the Federal case, no one will go to jail for taking Luis Ramirez from his children and this world. So while we need to support this case, it has to be done in a larger context. Whatever the outcome of the Federal case, it still will be dangerous to be a Latino in the United States.

This reality is underscored by the details as they emerge in the Ramirez case. Indeed, the conditions that gave rise to the attempt to cover up the bias crime by local officers are present in nearly every small rural town in America.

Consider, for instance, what the local prosecutor saw going on with the case as he handled it:

The Pennsylvania prosecutor who failed to secure felony convictions against two teens in the beating death of a Mexican immigrant says he thought his case was "compromised" from the start.

Like many residents in the small, tight-knit eastern Pennsylvanian community of Shenandoah, Schuylkill County District Attorney James Goodman knew that an officer investigating the death of Luis Ramirez was in a relationship with the mother of one the teens involved.

Goodman also believed the investigation and evidence hadn't been handled as it should have been.

"They didn't interview the perpetrators, the boys. In fact, not only did they not interview them, they picked them up, gave them rides, helped them concoct stories, brought them back and told the boys what to say," Goodman told CNN.

The son of Shenandoah Police Lt. William Moyer also played on the same football team as the teens who were involved in the July 2008 street brawl, according to court documents.

"It's clear they were trying to help these boys out, for whatever reason -- they were football players, these police officers were trying to help these boys out and limit their involvement in the death of Luis Ramirez."

Likewise with the local eyewitnesses to the crime:

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Already we can be thankful that we finally passed a federal hate-crime law this summer -- because it's helping bring about justice in the case of a Latino man killed by white thugs in Shenandoah, Pennsylvania:

WASHINGTON (CNN) -- Five people, including three police officers, have been indicted in the fatal race-related beating of a Latino man in Shenandoah, Pennsylvania, the Justice Department said Tuesday.

Two indictments charge the five with federal hate crime charges, as well as obstruction of justice and conspiracy, authorities said in a written statement. A federal grand jury handed up the indictments last week, and they were unsealed Tuesday.

Derrick Donchak and Brandon Piekarsky are charged with a hate crime for beating Luis Ramirez in July 2008 while shouting racial epithets at him, according to the department. Ramirez died two days later.

"Following the beating, Donchak, Piekarsky and others, including members of the Shenandoah Police Department, participated in a scheme to obstruct the investigation of the fatal assault," the Justice Department said. As a result, Donchak faces three additional counts of conspiring to obstruct justice and related offenses, officials said.

Shenandoah Police Chief Matthew Nestor and two other officers are charged with conspiring to obstruct justice in the Ramirez investigation. Nestor and a fourth police officer are named in a third indictment and charged with extortion and civil rights violations related to police corruption, the Justice Department said.

It's genuinely disturbing to discover that local law-enforcement officers were involved in covering this matter up and obstructing justice. It adds just another twist to an already shocking case.

The Ramirez case was a classic example of why we needed to pass a federal bias-crime law -- especially considering the outrageous circumstances in which the local jury slapped the young thugs on the wrist:

[T]his was a pretty clear-cut case of jury nullification: the weight of evidence against the accused was so powerful that it's clear the all-white jury -- like similar juries in the South during the Civil Rights struggle -- was not going to convict two young white men of murdering a Mexican. Even if, as Friedman says, "the only reason he is dead is because he was Mexican."

Prosecutors alleged that the teens baited the Ramirez into a fight with racial epithets, provoking an exchange of punches and kicks that ended with Ramirez convulsing in the street, foaming from the mouth. He died two days later in a hospital.

Piekarsky was accused of delivering a fatal kick to Ramirez's head after he was knocked to the ground.

As they poured out of courthouse, the teens' supporters shouted "I was right from the start" and "I'm glad the jury listened" at cameras that caught the late-night verdict.

But Gladys Limon, a spokeswoman for the Mexican-American Legal Defense and Education Fund, said the jury had sent a troubling message.

"The jurors here [are] sending the message that you can brutally beat a person, without regard to their life, and get away with it, continue with your life uninterrupted," she said.

Considering some of the details of the killing, it's also inordinately clear this was a classic bias crime, with the incident instigated by racially charged taunts that made clear the victim was selected because of racial animus:

"Isn't it a little late for you guys to be out?" the boys said, according to court documents. "Get your Mexican boyfriend out of here."

... Burke recalled hearing one final, ominous threat as the teens ran. "They yelled, 'You effin bitch, tell your effin Mexican friends get the eff out of Shenandoah or you're gonna be laying effin next to him,' " she said.

That is, of course, the entire purpose of bias crimes: To hold the victim up as an example: "You're next." The purpose is to terrorize the target community, to drive them out, eliminate them.

This is why Latino advocates demanded the Justice Department step in and deliver justice. It looks like they have.

Larry Keeler at HateWatch has more.


Republicans are clinging to their old 'Reefer Madness' mentality

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[H/t CSPANJunkie]

It's funny how Republicans keep talking amongst themselves about how they can get back ahead of Democrats -- usually by reverting to tactics (like the "Contract On For America") that worked twenty years ago but have nothing to do with the shape of America going forward.

Instead, they clutch vigorously to their old standbys even as America changes before them. The classic case of this is the GOP's ongoing affair with immigration-bashing nativists, even as the country demographically before their eyes.

Similarly, they insist on clinging to outdated policies like the "War on Drugs" and the hardline stance that we should basically criminalize drug users and keep relatively harmless drugs like marijuana illegal, even for proven medical use.

But the times, they are a-changin':

A poll by Zogby International released today found that 41% of Americans agree that “the government should treat marijuana more or less the same way it treats alcohol: it should regulate it, control it, tax it and only make it illegal for children.” This represents a striking increase from previous nationwide polls on making marijuana legal.

The Obama administration, at least, is edging slowly in the direction of sanity,having announced last month that it would cease prosecuting people for possession in states that allow medical marijuana.

This policy has the Republicans all a-dither, as you can see in the video above of the hysterical grilling Sen. Tom Coburn gave Attorney General Eric Holder earlier this month about the issue.

Similarly, Republicans on the local level are working quietly to undermine this policy shift. In Washington state, as Lee Rosenberg recently reported for HorsesAss, the state's GOP attorney general, Rob McKenna, has been quietly attacking our medical-marijuana law on his own:

Here in Washington, our state law enforcement officials should be following the voter initiative passed in 1998 (and the follow-up legislation from 2007), not the Federal law. Unfortunately, our Attorney General doesn’t seem to agree. Rob McKenna’s office has been trying to undermine Washington State’s medical marijuana law, and thanks to a Public Disclosure Request, we’re finally able to shine some light on what they’ve been doing.

After the PDR was filed, nearly 800 pages of emails and other documents from the Department of Corrections were recently released to the Cannabis Defense Coalition. They’re broken up into eight 100-page PDF files. The documents are not in any order, so I created a chronological index for easy searching of specific events.

The reason that so much attention is focused on the DOC is because a number of qualified medical marijuana patients have been raided by police and arrested (the medical marijuana law does not provide an affirmative defense from arrest), pressured into accepting plea deals that would keep them out of a jail cell but still on probation, and then put under the supervision of the Department of Corrections. The Department of Corrections would then claim the authority to deny those individuals the ability to use medical marijuana through internal rules that they’d made up after consulting with the AG’s office. They would then easily enforce those rules by administering drug tests. In the end, you had individuals who’d been authorized by their doctors to use medical marijuana having law enforcement interfere with that decision and either force them to stop using that medicine or to use a less effective alternative like Marinol.

This end-around of the voter-approved medical marijuana law worked on a number of medical marijuana patients. Pamela Olson was one victim before her husband Bruce fought his own case in Kitsap County court and won (sadly, they lost their home in the process). It’s not clear, even with the released documents, exactly how many people were affected by this (names are redacted throughout), but lawyers who defend authorized patients have been dealing with cases across the state for several years now and are still hoping to bring some kind of legal action against the Attorney General, the DOC, or both.

Go read the whole piece, which is an excellent example of citizen journalism at its finest. (None of the local media, incidentally, have picked up on the story.)

It's truly maddening that the state's chief law-enforcement officer has been working so hard to undermine a law duly passed (and reinforced) by the citizens of the state. But then, it seems to be part of the Republican condition these days: clinging to outdated ideas because doing so just seems conservative, you betcha.

Incidentally, Rosenberg also posted this graphic recently underscoring just what a waste of our national resources our pig-headed pot laws really are:

wastedpotential_50c8a.jpg


Alleged 9/11 Masterminds To Be Tried In NYC

This is heartening news, and goes a long way toward breaking the culture of fear by bringing these men into our midst. Yes, I assume the security will have to be stringent, but there's something to be said for bringing this trial home:

Khalid Sheik Mohammed -- the self-proclaimed mastermind of the Sept. 11, 2001, attacks -- and four co-defendants will be tried in federal court in New York instead of a military commission, a federal official said early Friday.

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Abd al-Rahim al-Nashiri, accused of orchestrating th e bombing of the USS Cole when it was docked off the coast of Yemen in 2000, will be tried at a military commission, said the official, who spoke on condition of anonymity because the decisions have not yet been formally announced by the Justice Department.

The long-awaited decisions on prosecution, part of President Obama's quest to close the military detention center at Guantanamo Bay, Cuba, do not affect the vast majority of the 215 prisoners held at the prison. The decisions come on the same day that White House counsel Gregory B. Craig, a key manager of Obama's Guantanamo Bay policy, is expected to announce his resignation.

[...] "I am absolutely convinced that Khalid Sheik Mohammed will be subject to the most exacting demands of justice," Obama said. "The American people insist on it, and my administration will insist on it."


Really, it gets harder all the time to tell the Democrats from the Republicans, doesn't it?

The Senate Judiciary Committee approved a bill Thursday that would renew portions of the USA Patriot Act in an effort to address administration concerns about protecting terrorism investigations.

But several Democrats and civil liberties advocates said the legislation would do little to strengthen privacy protections. And some Republicans said the bill, despite amendments worked out with the administration, would still unduly burden investigators.

By a vote of 11 to 8, the committee sent to the Senate floor a measure that would extend until 2013 three surveillance provisions set to expire Dec. 31. They would allow investigators to use roving wiretaps to monitor suspects who may switch cellphone numbers, to obtain business records of national security targets, and to track "lone wolves" who may be acting alone on behalf of foreign powers or terrorist groups.

The bill would also slightly tighten the legal standard for the FBI's issuing of administration subpoenas known as national security letters (NSLs), which allow the bureau to obtain phone, credit and other personal records, and which the Justice Department inspector general has said are subject to "serious misuse."

Oh, I feel much better now, knowing it will be "slightly" more difficult for the feds to abuse constitutional rights.


The Gonzales Cantata

Disgraced former Attorney General Alberto Gonzales has had his evasive testimony in front of the Senate Judiciary Committe made into a 40 minute concert opera for the Philadephia Fringe Festival, the entire libretto taken from the hearing transcripts.

Also, check out the clever website design for gonzalescantata.com.

If you're in Philly you can watch any of three performances this weekend. INFO

Edit: Rachel did a segment on this last night as well.


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On Sunday's ABC Roundtable, Liz Cheney and Sam Donaldson got into it on the torture investigations.

The only reason she's on is to defend her father once again. This is old and tired. Why does Dick only appear on FOX News to defend his position? We know the answer to that one. Chris Wallace makes with the Love Boat eyes and crawls on his tummy to try and get Dick all excited. They are like two cats in heat. Sam Donaldson wouldn't take Liz's ridiculous arguments. I mean, she actually says that there already were investigations...cough...cough...by the Bush administration and they passed with flying colors. She then continues to lie about the 2004 report and says that nobody was raped...Sure, Liz...

Liz: You do, you say it has already been looked at..

Sam: By who?

Liz: By career prosecutors...

Sam: In the Bush administration justice department.

But Sam, they were less political than Eric Holder, who is a political appointee...

When Sam brought up drilling people in the head and rape, Liz Cheney was outraged. Not at the act, but at the accusation...

Liz: That is totally, that is inexcusable..

Sam: It's in the report...

Liz: Nobody raped anybody...

George: The law said the threats were illegal, It's against the law.

Liz: Wait a second, that's not clear.

{}

Sam: Everyone except one person that I know has commented ....says torture is waterboarding is wrong.

Liz: Waterboarding isn't torture. We can go that path...the lack of seriousness here is important...

When a conservative is losing an argument, one of their weapons is to say that you're not serious. It's a one stop shop argument fixer. Kristol uses the word "serious" a lot to make himself sound intelligent, but nobody buys it except FOX.

Oh and Liz is still trying to sell her best product of all: Waterboarding isn't torture. How many times has she denied it already?


Mary Matalin Claims Torture Prevented Anthrax Attacks

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It looks like Mary Matalin, Chris Wallace and Bill Kristol all got their talking points from the same place for the Sunday shows this week. Matalin, like Wallace claims that we haven't been attacked since 9-11 and then names anthrax attacks as something that was prevented by the CIA after they tortured prisoners.

Uuummmm.... Mary, I hate to break this to you, but we were attacked by anthrax. But then you're fully aware of that already, aren't you? I doubt there's a single person in the Bush administration that has forgotten the event that was enough to scare some Democrats into voting for the invasion of Iraq.

I'm also wondering how many of the "attacks" she rattled off are on the list from Keith Olbermann's The Nexus of Politics and Terror? My guess is more than a few if she was forced to give specifics and maybe had someone besides her DINO husband and that hack John King sitting across the table from her.

As our own Jon Perr pointed out to me, Matalin is doing a good job of carrying water for Dick Cheney and his strategy to assure that torture is never investigated.

Transcript below the fold.

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I'm not sure what's more infuriating here, listening to Orrin Hatch pretend he doesn't know full well that what was done to the prisoners in our custody was torture, or John Kerry defending the Obama administration's decision not to go after the ones at the top who ordered it, and then smile and nod politely while Hatch spins.

STEPHANOPOULOS: OK. Let me move to another issue that came up earlier this week. The attorney general decided to investigate possible CIA abuses in the prisoner interrogation cases.

And Vice President Cheney this morning has blasted that decision by the attorney general.

(BEGIN VIDEO CLIP)

DICK CHENEY, FORMER VICE PRESIDENT: The approach of the Obama administration should be to come to those people who were involved in that policy and say, how did you do it? What were the keys to keeping the country safe over that period of time?

Instead, they're out there now threatening to disbar the lawyers who gave us the legal opinions, threatening, contrary to what the president originally said, they were going to go out and investigate the CIA personnel who carried out those investigations.

(END VIDEO CLIP)

STEPHANOPOULOS: He called it an outrageous and possibly dangerous act.

KERRY: Well, Dick Cheney has shown through the years, frankly, a disrespect for the Constitution, for sharing of information with Congress, respect for the law, and I'm not surprised that he is upset about this.

The Obama administration has no intention -- I think the president himself has been unbelievably bending in the direction of trying to be careful about what happens to national security, protecting our national security interests, being very sensitive about the CIA's prerogatives and needs and so forth.

And in fact, I think there is a little bit of a tension between the White House itself and the lawyers in the Justice Department as they see the law and as what their obligation is.

And in a sense, that's good. That's appropriate, because it shows that we have an attorney general who is not pursuing a political agenda, but who is doing what he believes the law requires him to do.

And we have an administration, on the other hand, that is balancing some of those other interests.

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[Editor's note: Please welcome D-Day to the Crooks and Liars team. Most of you are no doubt familiar with him through his always-impressive work at Digby's Hullabaloo, where he'll continue to contribute; you'll just get to read more of him here. D-Day also helped fill in a few weeks back while I was on vacation. John's trying to swim against the tide of blogs pulling, so he's hired D-Day to write several posts a week for us. We're lucky to have him. -- DN]

Keith Olbermann talks with Jane Mayer in this clip about the release of the CIA IG report and the preliminary investigation into some of the worst practices of the torture regime. She talks about how the IG report reads like "a crime scene," foregrounding the idea that the architects of the policy at CIA were warned in this 2004 report and repeatedly thereafter that their agency would be in deep legal trouble for continuing these actions, and yet they kept justifying them and/or actually engaging in them for years afterward. Nobody took the warnings seriously, knowing both the makeup of the Justice Department and the Presidency at that time, and perhaps banking on how Washington would view these efforts, as part of the past and best kept their, given the Establishment culpability for torture.

Here's just a few of the facts of what CIA interrogators did in our name, just the ones that come from this IG report, as masterfully summarized by Glenn Greenwald:

• Threats of execution, using semi-automatic handguns and power drills
• Threats to kill detainee and his children
• Threats to rape detainee's wife and children in front of him
• Restricting the detainee's carotid artery
• Hitting detainee with the butt end of a rifle
• Blowing smoke in detainee's face for five minutes
• Multiple instances of waterboarding detainees, of the type we prosecuted Japanese war criminals for using:
• Hanging detainee by their arms until interrogators thought their shoulders might be dislocated
• stepping on detainee's ankle shackles to cause severe bruising and pain
• choking detainee until they pass out
• dousing detainee with water on cold concrete floors in cold temperatures to induce hypothermia
• killing detainees through torture techniques, whether accidental or not
• putting detainee in a diaper for days at a time to live in their own filth

On that last point, Digby notes that this could have been used in tandem with another technique we know about, the use of forced enemas, a particularly degrading technique, part and parcel of the humiliations heaped on prisoners that were psycho-sexual in nature. A lot of these stem from misreadings of books like Raphael Patai's "The Arab Mind," which presumed a host of dubious generalizations about Muslims and their predispositions, all of it willingly lapped up by neoconservatives willing to believe that their opponents were somehow subhuman. As if anyone would react favorably to being made to live in their own shit. These stereotypical projections that manifested themselves in essentially an allowance for torturing brown-skinned people have dangerous and deadly repercussions.

more...

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Mike's Blog Roundup

Thom Hartmann: Dear President Obama

Booman Tribune: But did they get overtime pay?

The Washington Independent: How the CIA can fudge on torture effectiveness

They gave us a republic: Nightowl Newswrap

Zaius Nation: We must save Hitler's brain!

The Plum Line: New ad targets Palin's Facebook supporters, tells them she's a liar


The Rachel Maddow Show: Karl Rove's Sorry Victim Act

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Rachel Maddow takes Karl Rove to task for his op-ed in the Wall Street Journal complaining that he's been "wronged by the press for years" and it's time for the press to own up for their mistakes about him. Rachel rehashes Rove's role in the US Attorney's scandal and tells Rove, good luck with your complaints.

Someone needs to ask the Obama Justice Department why they're not doing something about getting rid of these "Bushies" that are still in place in the Justice Department, and why Don Siegelman hasn't seen any justice yet.

MADDOW: In the opinion pages of today`s "Wall Street Journal," there is a startling claim by former Bush senior advisor Karl Rove. According to Mr. Rove, he has been wronged by the press for years and it`s time for the press to finally own up to its mistakes about him.

Specifically, Mr. Rove rails against allegations to the U.S. Attorney scandal, that he manipulated the judicial process for political reasons. He says in "The Journal" today that his role in the firing of U.S. Attorneys was minimal and entirely proper and that critics should just let up on him about these demonstrably untrue allegations.

You know what? The press actually doesn`t need to let up on Mr. Rove at all. Let me explain. In his article today, Mr. Rove emphatically disputes the claim that, quote, "The judicial process had been manipulated for political reasons."

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Federal Regulators Considering A Smackdown on Oil Speculators

I've been following this for a while, and it's encouraging news if the commodities regulators follow through. These guys have been driving up the cost of oil with the same sort of shady tactics used in the financial markets. Good for the Obama administration if they take this aggressive approach:

WASHINGTON — Reacting to the violent swings in oil prices in recent months, federal regulators announced on Tuesday that they were considering new restrictions on “speculative” traders in markets for oil, natural gas and other energy products.

The move is a big departure from the hands-off approach to market regulation of the last two decades. It also highlights a broader shift toward tougher government oversight under President Obama.

Since Mr. Obama took office, the Justice Department has stepped up antitrust enforcement activities, abandoning many legal doctrines adopted by the Bush administration.

The Obama administration is also proposing an overhaul of financial regulation that would include tougher capital requirements for big banks, tighter regulation of hedge funds and a new consumer protection agency with broad power to regulate credit cards, mortgages and other consumer lending.

In the case of oil and gas trading, regulators made it clear that they were willing to move, without waiting for Congress to act on Mr. Obama’s overhaul, invoking their existing powers.


It took two years, but it finally happened - thanks to an agreement with the White House that deposing Rove would not infringe on executive privilege. Now everyone wants to know: What did Karl say? And don't you wish you were the fly on the wall?

Former White House Deputy Chief of Staff Karl Rove was deposed Tuesday by attorneys for the House Judiciary Committee, according to Rep. John Conyers (D-Mich.), the panel’s chairman.

Rove’s deposition began at 10 a.m. and ended around 6:30 p.m, with several breaks, Conyers said.

Conyers would not comment on what Rove told congressional investigators, what the next step in the long-running Judiciary Committee investigation would be or whether Rove would face additional questioning.

“He was deposed today,” Conyers said in an interview. “That’s all I can tell you.”

Rove's attorney, Robert Luskin, declined to confirm or deny that his client had appeared before the committee. Luskin said there was an agreement that the depositions would remain confidential until they were completed. However, in a court filing Monday, the Justice Department indicated that the deposition set for this week would be the committee's last.

Conyers’ panel had first subpoenaed Rove in 2007 as part of its probe into the firing of nine U.S. attorneys. But the Bush White House, citing executive privilege, refused to make Rove or White House Counsel Harriet Miers available for any deposition.


New Document: It Was Cheney at the Wheel of Plame Media Strategy

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Another controversy where the Obama administration is walking in the footsteps of BushCo!

I will say here that I'm no more optimistic that Hillary Clinton's response would have been any different. The nature of power is such that one can always find a strong enough argument for retaining it "just in case" once it's been exercised. But then again, Clinton wasn't the one who sold herself to us on the basis of a new transparent era, either:

A document filed in federal court this week by the Justice Department offers new evidence that former vice president Richard B. Cheney helped steer the Bush administration's public response to the disclosure of Valerie Plame Wilson's employment by the CIA and that he was at the center of many related administration deliberations.

The administration's discussion of Wilson's link to the CIA was meant to undermine criticism by her husband of administration allegations that Iraq attempted to acquire uranium, a matter that her husband had probed for the CIA, according to testimony presented in a 2007 trial.

A list of at least seven related conversations involving Cheney appears in a new court filing approved by Obama appointees at the Justice Department. In the filing, the officials argue that the substance of what Cheney told special prosecutor Patrick J. Fitzgerald in 2004 must remain secret.

No such agreement was reached between Fitzgerald and Cheney at the time of their chat, according to a 2008 Fitzgerald letter to lawmakers. But the Bush administration rejected requests by Congress and a nonprofit group for access to two FBI accounts of the conversation, saying the material was exempt from disclosure under subpoena or the Freedom of Information Act.

The Obama administration has since agreed that the material should not be disclosed. A Justice Department lawyer at one point last month argued that vice presidents and other White House officials will decline to be interviewed in the future if they know their remarks might "get on 'The Daily Show' " or be used as fodder for political enemies.

U.S. District Judge Emmet G. Sullivan expressed doubt about that argument. To counter Sullivan's skepticism, Assistant Attorney General Lanny A. Breuer said in a supporting affidavit to the new court filing that the department needs the ability to interview White House officials informally in future law enforcement investigations, and that if the Cheney interview summaries are made public, "there is an increased likelihood that such officials could feel reluctant to participate." Breuer served as special counsel to President Bill Clinton during the Whitewater probe.

The nonprofit group pushing for disclosure, Citizens for Responsibility and Ethics in Washington, responded yesterday with a statement that the Justice Department has subpoenaed such officials without difficulty in the past. "It is astonishing that a top Department of Justice political appointee is suggesting other high-level appointees are unlikely to cooperate with legitimate law enforcement investigations. What is wrong with this picture?" said Melanie Sloan, head of the group.