Ready for Democracy?

Although I’d rather be playing with the Meme of Fours, there’s serious stuff going on out there.

Nancy A. Youssef and Huda Ahmed report for Knight Ridder
that “An Iraqi court has ruled that some of the most prominent Sunni Muslims who were elected to parliament last week won’t be allowed to serve because officials suspect that they were high-ranking members of Saddam Hussein’s Baath Party.”

Following a week in which several hundred thousand Sunni Iraqis demonstrated against the election results, this move seems somewhat less than conciliatory. Shoving former Baathists out of the government will not, I think, placate former Baathists into accepting the new government.

If I had more time I could probably work up a comparison with the United States after the Civil War. Former Confederates were disenfranchised for a short time but regained power and influence fairly quickly, partly through violent means — race riots and the Klan, for example — and partly through political corruption — e.g., the Hayes-Tilden election of 1876, which was settled by an agreement that Reconstruction would end — leading to the Jim Crow era. So those who were eventually “punished” for the rebellion were the former slaves, not their masters. Funny how that worked out.

I understand Iraq less well than I understand the postbellum U.S. South, but I assume that the former Baathists retain wealth and property out of proportion to their numbers in the population. The world being the way it is, I wouldn’t be surprised if they eventually gain political power out of proportion to their numbers in the population, as well. We’ll see. They’ll be competing with the influence of Iran, which is formidible. But in the short run, unfortunately, we may see increasing violence in Iraq just as the U.S. plans a troop “drawdown.

For more learned and detailed analysis, see Juan Cole, who points out “The Bush administration’s fear of Iran and of its reigning Iraqi allies in Baghdad may be destabilizing Iraq by giving ammunition to disgruntled Sunni Arabs. How many feet does the Bush administration have left to shoot itself in??”

Update: Speaking of the Civil War, don’t miss “What Bush Could Learn from Lincoln” by Robert Kuttner in today’s Boston Globe. Then read “Bush’s False Choices” by Ellen Goodman from yesterday’s Boston Globe.

Meme of Fours

From Roy, to Kevin, to Digby, to Peter D., now to moi — doing this list meme made me realize I haven’t vacationed enough —

Four jobs you’ve had in your life: Editor, production manager, reporter, mother

Four movies you could watch over and over:
Last of the Mohicans (1992), The Godfather, The Lord of the Rings trilogy (counts as 1 or 3?), Amadeus

Four places you’ve lived: Flat River, Missouri, since renamed Park Hills; Cincinnati, Ohio; Bergenfield, New Jersey; current undisclosed location somewhere in New York

Four TV shows you love to watch: The Daily Show, Countdown, Animal Precinct, Law & Order

Four places you’ve been on vacation: Wales, Washington DC, San Francisco, various Ozark Mountain locations

Four websites you visit daily: Eschaton, The Sideshow, Whiskey Bar, Hullabaloo, many more

Four of your favorite foods: chocolate, cheese, scallops, pasta

Four places you’d rather be:
Snowdonia (Wales), London, any good Italian restaurant, a pretty mountain cabin near a lake with good friends and lots of beer and snacks

Passing the ball to … my buddy Bob Geiger of Yellow Dog Blog!

Update: Bob posted here, then punted to Jane at firedoglake. Feel free to add your own lists to the comments!

No Answers

Glenn Greenwald asked Bush defenders to “explain how there can be any limits at all on his power under the theories of Executive Power which they are advocating to argue that Bush had the right to violate Congressional law.”

In response, there are two posts from Leon at Red State.org and two posts from Jeff Goldstein at Protein Wisdom, one of which largely relied on what Jeff reverently calls “a long and meticulously argued post” from John Hinderaker at Powerline. Leon also alerted me by e-mail to the issuance yesterday of a Memorandum from the Department of Justice (.pdf) which sets forth the Administration’s legal defense of its behavior.

The “long and meticulously argued post” includes these representative paragraphs:

The starting point, of course, is the Constitution. Article II of the Constitution sets out the powers and duties of the President. Some people do not seem to realize that the executive branch is coequal with the legislative and judicial branches. The President has certain powers under the Constitution, and they cannot be taken away or limited by Congressional legislation any more than the President can limit the powers of Congress by executive order. …

… This brings us back where we started, i.e., the Constitution. The only constitutional limitation on the President’s power to intercept communications by Americans for national security purposes is that such intercepts be “reasonable.” Is it reasonable for the administration to do all it can to identify the people who are communicating with known terrorists overseas, via the terrorists’ cell phones and computers, and to learn what terrorist plots are being hatched by those persons? Is it reasonable to do so even when—rather, especially when–some portion of those communications come from people inside the United States? I don’t find it difficult to answer those questions; nor, if called upon to do so, would the Supreme Court.

In other words, the President is not bound to follow laws passed by Congress if (in his discretion) he believes they infringe on his powers, and he can engage in warrantless searches that he (in his discretion) deems “reasonable.” And these decisions may be made in secret.

That’s pretty much absolute power, is it not? So the answer must be, no; there are no limits to the President’s powers.

The rest of the blog posts boil down to “you lefties don’t understand that we’re at war.” And Judd at Think Progress addresses the DoJ memo here. Be sure to read the rest of Glenn Greenwald’s post; it is outstanding.

The righties continue to churn out turgid screeds of legalosity to defend Bush’s warrantless search policy. And they continue to use the straw man argument that we lefties are opposed to surveillance of potential terrorists. (Once again, no one is arguing against surveillance, just that it be conducted within the law.) But after all this time the righties have yet to provide satisfactory answers two simple questions: Why not comply with FISA? And if FISA is cumbersome, why not ask Congress for changes in the regulations?

Hello? Righties? Anybody ….. ?

“That’s How Richard Nixon Got in Trouble”

Crypto Man” by Michael Scherer in Salon (and Truthout) focuses on James Bambord, a respected journalist who has covered the National Security Agency for 25 years.

… President Bush has admitted to ordering warrantless NSA wiretaps of American citizens, an admission that blindsided Bamford just as it shocked many in Congress. While politicians bicker over legal shades of gray, Bamford believes the president clearly broke the law, and he has called for a special prosecutor to investigate. “What you have here is the administration going around the only protection the public has from the NSA, and doing it on their own,” Bamford told CNN during a marathon of interviews for MSNBC, NPR, C-SPAN, CBS News and NBC News. “That’s how Richard Nixon got in trouble, and one of the reasons he left office.”

For Bamford, there is only black and white when it comes to the Foreign Intelligence Surveillance Act, a 1978 law that specifically requires warrants for any NSA wiretapping of U.S. citizens. “If you want to eavesdrop on U.S. citizens, you go to court. If you don’t, you go to jail,” Bamford says. “If you want to change the law, you go to Congress.”

You might also be interested in Bamford’s comments on MSNBC’s “The Abrams Report” on December 21.

ABRAMS: Attorney General Alberto Gonzales today again saying that President Bush has the authority to order the super secret National Security Agency to eavesdrop on foreigners and Americans without getting a warrant from a court. NBC News has confirmed that a federal judge who serves on the court that‘s supposed to approve requests to spy has quit over the warrantless program.

The remaining judges on the panel will meet and discuss the Bush spy program in the next two weeks. But now claims on numerous conservative Web sites that Bill Clinton did the same thing when he was president. They cite a 2000 “60 Minutes” report where a Canadian intelligence analyst said the NSA routinely monitored innocent civilians.

So, is it true that it‘s been going on for a long time? James Bamford is an expert on the National Security Agency, his latest book is “Body of Secrets: Anatomy of the Ultra-Secret National Security Agency from the Cold War Through the Dawn of a New Century”. Thank you for coming on the program.

And so I ask you, is it true?

JAMES BAMFORD, AUTHOR, “BODY OF SECRETS”: No, I‘ve written two books on NSA and looked very closely at the NSA spying on Americans and I haven‘t found any evidence of NSA doing that since the Nixon administration. Once the Nixon administration was discovered that they were doing massive illegal eavesdropping, they created this new court, this Foreign Intelligence Surveillance Court and until the Bush administration, every president as far as I could see, had been following the law.

ABRAMS: Well this was—this is one of the quotes that‘s being cited from that “60 Minutes” report. This Canadian intelligence analyst Mike Frost telling Steve Kroft how an innocent civilian winds up in a terrorist database. This is under the Clinton administration.

A lady‘s son had been in a school play. Next morning she said to her friend, oh Danny really bombed last night. The computer spit that conversation out and an analyst listed that lady as a possible terrorist.

I mean if that‘s true, it sure sounds like they are listening to everybody.

BAMFORD: I have read a lot of Mike Frost material and I don‘t give a lot of it credibility, so I think I‘ll stick with my own analysis of the agency.

ABRAMS: So the bottom line being, though, that you know that report, and that is—again I think that is the one that is being cited most, is the “60 Minutes” report which suggested that back then the NSA was listening to everyone. You‘re saying it‘s just not credible?

BAMFORD: No. Listen, the way it works is NSA pulls all those communications from satellites. International communications coming off of communication satellites and filters it through this huge, basically a big net. But most of that goes through without being listened to or read, about probably 99 percent of it.

The few items that are picked out, actually more than a few, but those are the items that are actually the subject of warrants from the Foreign Intelligence Surveillance Court, so it‘s a very complex procedure how it‘s done.

ABRAMS: But just so we‘re clear…

(CROSSTALK)

BAMFORD: Believe me, if I had seen any illegality on the part of Clinton or Carter or anybody else, I certainly would have written about it.

ABRAMS: The ones they—just so we understand the logistics of it. So you‘re saying that the ones that they listen to are the ones that they have gotten a warrant to listen to. Meaning, they get all this information in, but that information is basically thrown away unless they have a warrant?

BAMFORD: That‘s right. It‘s just like a big fishing net with certain size holes there. And the only—virtually all of it goes through those holes except for the fish that are too big for those holes. So are the ones where they actually get the warrant for.

There‘s millions and millions and millions of communications coming and going from the United States every hour. And they can‘t possibly listen to all of that. So most of it goes through without ever—anybody ever reading the e-mails or listening to the phone calls. But the ones that are picked up…

ABRAMS: Right.

BAMFORD: … at least domestically are the ones that are the subject of the Foreign Intelligence Surveillance Court warrants.

ABRAMS: And that‘s different than what the administration is doing now?

BAMFORD: Yes. This is the first time since basically the ‘60‘s or early ‘70‘s when the Nixon administration illegally did a lot of domestic spying with the NSA and again, that was why they created the FISA Court. What the Bush administration is doing is flaunting the law. The law clearly says if you want to eavesdrop on U.S. citizens, you only have one choice. That choice is to go to the court and get a warrant or don‘t do it.

ABRAMS: We will continue to debate the law on this program. But James Bamford, thank you very much. We appreciate you coming on.

BAMFORD: My pleasure. Thank you.

I also want to say that Abrams is wasted on celebrity trial news. When he gets an opportunity to focus on serious issues he can be sharper than most of the other bobbleheads on cable television.

All the King’s Men

Former Senator Tom Daschle writes in today’s WaPo,

In the face of mounting questions about news stories saying that President Bush approved a program to wiretap American citizens without getting warrants, the White House argues that Congress granted it authority for such surveillance in the 2001 legislation authorizing the use of force against al Qaeda. On Tuesday, Vice President Cheney said the president “was granted authority by the Congress to use all means necessary to take on the terrorists, and that’s what we’ve done.”

As Senate majority leader at the time, I helped negotiate that law with the White House counsel’s office over two harried days. I can state categorically that the subject of warrantless wiretaps of American citizens never came up. I did not and never would have supported giving authority to the president for such wiretaps. I am also confident that the 98 senators who voted in favor of authorization of force against al Qaeda did not believe that they were also voting for warrantless domestic surveillance.

Now, was that so hard, Tom? Why couldn’t you have talked like that while you were still in the Senate?

I can see from WaPo‘s handy-dandy “Who’s Blogging” links that the spineless, potty-mouth cowards known as “Bush supporters” are arguing that the Senate authorized warrantless wiretaps when the Senate “all necessary and appropriate force against those nations, organizations or persons [the president] determines planned, authorized, committed or aided” the attacks of 9/11.

So, the word force includes ” warrantless surveillance.” I wouldn’t have known that, would you? I even looked it up in the dictionary. Nope, not there.

Reminds me of what Humpty Dumpty told Alice:

‘I don’t know what you mean by “glory,”‘ Alice said.

Humpty Dumpty smiled contemptuously. ‘Of course you don’t — till I tell you. I meant “there’s a nice knock-down argument for you!”‘

‘But “glory” doesn’t mean “a nice knock-down argument,”‘ Alice objected.

‘When I use a word,’ Humpty Dumpty said in rather a scornful tone, ‘it means just what I choose it to mean — neither more nor less.’

‘The question is,’ said Alice, ‘whether you CAN make words mean so many different things.’

‘The question is,’ said Humpty Dumpty, ‘which is to be master – – that’s all.’

So righties can fudge the meanings of words to change the meaning of legislation and cause the Senate to approve of something they hadn’t intended. There’s glory for you. By which I mean “righties are sniveling cowards who will destroy everything America ever stood for to save their own skins, and call it ‘patriotism.'”

Heck of a Job, All Around

Be sure to read Part II of the Michael Grunwald and Susan B. Glasser report on the DHS in WaPo. Today they focus on the turf wars between Michael Brown at FEMA and the rest of the Washington establishment. Jaw-dropping stuff. A sample:

Long before his e-mails portrayed a befuddled bureaucrat who fretted about restaurant reservations and his Nordstrom wardrobe while New Orleans drowned, he [Michael Brown] was known at DHS as a fierce turf warrior whose griping about FEMA’s role alienated superiors and marginalized his agency.

“The biggest danger in the department was tribalism,” said Bruce M. Lawlor, Ridge’s initial chief of staff, “and FEMA was the number one tribe.”

In many ways, Brown is a cautionary tale of what can happen to Washington officials who make mistakes in the public eye after making enemies behind the scenes. Brown spent two years trying to use his contacts with White House officials to undercut DHS, but the White House rarely backed him, and DHS leaders responded by shifting FEMA’s responsibilities and resources to more cooperative agencies.

Ridge stripped FEMA’s power over billions of dollars worth of preparedness grants as well as the creation of a national disaster response plan. Most of the agency’s top staff quit. And after he arrived at DHS in February, Chertoff decided to take away the rest of FEMA’s preparedness duties.

Brown was actually right about many things, but the whole Bush bureaucracy is a joke. Chertoff is just as clueless as Brown is; possibly more so. And it is obvious hardly anyone in Washington took disaster preparedness seriously. It was all about power and politics to them.

The “Clinton Did It” Alabi

In this Washington Times article, Charles Hunt claims “One of the most famous examples of warrantless searches in recent years was the investigation of CIA official Aldrich H. Ames, who ultimately pleaded guilty to spying for the former Soviet Union. That case was largely built upon secret searches of Ames’ home and office in 1993, conducted without federal warrants.”

Judd at Think Progress debunks the Hunt article here, but doesn’t mention Ames specifically.

Hunt provides no documentation that the search of Ames’s office and home were without warrants. But this document from the Senate Select Committee on Intelligence begins,

On February 21, 1994, agents from the Federal Bureau of Investigation (FBI) arrested a 52-year old employee of the Central Intelligence Agency (CIA), Aldrich Hazen Ames, outside his Arlington, Virginia residence, on charges of conspiracy to commit espionage on behalf of Russia and the former Soviet Union. According to the affidavit supporting the arrest warrant, these activities had begun in April 1985, and continued to the time of the arrest. Ames’s wife, Maria del Rosario Casas Ames, was arrested inside the residence on the same charges shortly after her husband was taken into custody. …

… The Senate Select Committee on Intelligence (hereinafter “the Committee”) received its initial briefing regarding the case on the day the arrests were publicly announced. The facts contained in the affidavit supporting the arrest and search warrants were summarized by representatives of the FBI.

Later in the document we learn —

Under applicable Attorney General guidelines, this meant that the FBI was able to seek authority under pertinent laws and Justice Department guidelines to employ a full array of investigative techniques against Ames. For instance, the Foreign Intelligence Surveillance Court issued orders authorizing electronic surveillance of Ames’s office and residence.

This is a long and sometimes vague document, and maybe I missed it, but I don’t see “warrantless searches” in there anywhere. I found other documents regarding Ames linked on this Department of Justice page, but I didn’t find mention of the searches in them.

I’m not sure who initiated the story that Ames’s house and office were searched without warrants, but it may have started with Republican attorney Victoria Toensing during a call-in to CNN’s Situation Room with Wolf Blitzer. Today a number of rightie commenters and bloggers repeat this story as gospel. So far, I have seen no documentation whatsoever. Maybe there is such documentation, but so far it has remained uncited. The claim that Clinton ordered warrantless physical searches of Ames’s house and office is just repeated on rightie sites as gospel truth.

Much of today’s confusion regarding FISA during the Clinton Administration stems from the fact that FISA regulations were changed after the Ames searches and arrests

When Gorelick testified before the House Intelligence Committee in 1994 that the president had the “inherent authority to conduct warrantless physical searches,” FISA did not apply to physical searches for foreign intelligence purposes, as Media Matters for America has noted. A year later, Congress — with Clinton’s support — amended FISA to require court orders for physical searches. The Clinton administration thereafter never argued that any “inherent authority” pre-empted the new warrant requirements for physical searches under FISA.

The Bush administration, on the other hand, has argued that it had the authority to authorize the National Security Agency (NSA) to eavesdrop on domestic communications without warrants, despite FISA’s clear restrictions on warrantless electronic eavesdropping.

Toensing’s use of the Aldrich Ames case is similarly misleading. The joint CIA/FBI investigation of Ames, a CIA analyst ultimately convicted of espionage, also took place prior to the 1995 FISA amendment requiring warrants for physical searches. Therefore, when the Clinton administration ordered investigators to go “into Aldrich Ames’s house without a warrant,” they did not — as Toensing argued — “carry out their authority” to bypass the FISA requirements, because FISA did not cover such searches.

And, the SSCI document says that electronic searches complied with FISA. The Media Matters article linked above provides other documentation of compliance with FISA.

Of the physical searches, the only ones mentioned in the SSCI document are:

On June 25, 1993, the FBI conducted a search of Ames’s office at the CIA. Approximately 144 classified documents were located in his work area, most of which did not relate to his official duties. …

Do the feds need a search warrant to search other feds? I honestly don’t know.

…On September 15,1993, a search of Ames’s trash disclosed a torn note in Ames’s handwriting which appeared to relate to a clandestine meeting planned for Bogota, Colombia on October 1, 1993. …

… On October 6, 1993, a search of Ames’s trash turned up a typewriter or printer ribbon which contained two documents which Ames appeared to have prepared in 1992. Among other things, these documents discussed CIA personnel, access to classified information, and classified operational matters.

I believe I learned from Law & Order that you don’t need a warrant to search trash if it’s out on the curb to be picked up.

On October 9, 1993, FBI agents conducted a search of Ames’s residence in Arlington. Among other things, this search yielded (1) a typewriter ribbon which contained a note Ames had written to his KGB contact regarding a meeting in Caracas, Venezuela in October 1992; (2) a computer document which identified a mailbox at 37th and R Streets in Washington, D.C. as a signal site, and (3) a series of computer documents regarding Ames’s relationship with the KGB. These computer documents included information on clandestine communications, classified CIA operations, classified CIA human assets, and information regarding the payments previously made to Ames. …

… The searches of Ames’s office and residence conducted after the arrests yielded additional evidence of his relationship with the KGB and, since 1991, with its successor intelligence service, the SVR.

It may be the October 9 search that righties are claiming was conducted without a warrant, but it’s not clear from the SSCI document that there was no warrant. The document just says the FBI “was able to seek authority under pertinent laws and Justice Department guidelines to employ a full array of investigative techniques against Ames,” whatever that means.

By October 1993 the FBI had been watching Ames for a long time, and there was copious evidence he was up to something. So, surely, the FBI could have obtained a warrant. If it didn’t — far from a verified fact, IMO — I believe that was wrong.

I have noticed that righties of late like to argue that if Bill Clinton did so-and-so, then it’s OK if Bush does it. That argument doesn’t work for me — if it’s wrong, it’s wrong, no matter who does it — but it’s wonderfully persuasive to righties. Very odd.

Also:Where’s the Outrage?

Running Government Like a Corporation

Susan B. Glasser’s and Michael Grunwald’s Washington Post article about the ongoing comedy of errors that is the Department of Homeland Securityis a fun read. Did you know that the DHS has its own official typeface? It also has an official color scheme (cool gray, red and hints of “punched-up” blue), a nifty focus-group-tested seal and lapel pins for every employee.

What is doesn’t have is focus, organization, or a clue.

Here’s a quickie history: You may remember that President Bush was against formation of a DHS before he was for it. There had been talk of a DHS before September 11. The Hart-Rudman commission, which issued a final report in January 2001 (the WaPo article says May, but it was January), recommended a cabinet-level DHS and several other reforms that Bush and Cheney, upon ascending to office, promptly kneecapped. After 9/11 Bush had announced creation of an Office of Homeland Security, headed by Tom Ridge, who would work out of the West Wing and report only to the President. As far as Bush was concerned, the biggest argument in favor of this arrangement was that as a presidential aide Ridge was not required to testify to Congress. For this reason, Bush resisted suggestions that Ridge’s position be cabinet level.

But Democrats in Congress were pushing for a Department of Homeland Security instead of an Office. “On Capitol Hill, lawmakers in both parties were upset by Bush’s refusal to let Ridge testify as a presidential aide,” write Glasser and Grunwald. “and Lieberman’s bill to create a new department was gaining momentum. While many Republicans were leery about a vast new bureaucracy, they did not want to cede the homeland security issue to the Democrats.” So early in 2002, even as Bush and Capitol Hill Republicans continued to speak out against formation of the department, White House staffers began to plot the president’s reversal. Glasser and Grunwald:

In the White House bunker where Cheney had waited out the Sept. 11 attacks, a select group of policy aides had been secretly commissioned to plot the administration’s about-face.

They were called together in April by White House Chief of Staff Andrew H. Card Jr. — five mid-level staffers known as the “Gang of Five,” or as they liked to call themselves, the “G-5.” Two worked for Ridge — Lawlor and Richard A. Falkenrath, a security expert from Harvard — and Card sent his deputy Joel D. Kaplan, associate counsel Brad Berenson and deputy budget director Mark W. Everson.

As near as I can determine, none of these people had any hands-on experience working in the bureaucracies they were meeting to overhaul. Indeed, they didn’t seem to have a whole lot of experience working in any big bureaucracy.

Several times a week, the G-5 met with a group of principals, including Card, Ridge, national security adviser Condoleezza Rice, budget director Mitchell E. Daniels Jr. and Cheney Chief of Staff I. Lewis “Scooter” Libby. On poster boards, they listed all the agencies that might make sense in the department. “The overriding guidance,” Lawlor recalled, “was that everything was on the table for consideration.”

This anecdote nicely illustrates the expertise and professionalism of the DHS crew:

Some of the decisions were almost random. Falkenrath thought it would be nice to give the new department a research lab that could bring cutting-edge research to homeland security problems. He called up a friend and asked which of the three Department of Energy labs would work. “He goes, ‘Livermore.’ And I’m like, ‘All right. See you later.’ Click,” Falkenrath told historians from the Naval Postgraduate School. He did not realize that he had just decided to give the new department a thermonuclear weapon simulator, among other highly sensitive assets of the Lawrence Livermore National Laboratory.

In June of 2002 Bush announced the formation of DHS. The White House crew had been working on the plan for all of six months.

On Capitol Hill, Bush’s allies were left tongue-tied by his abrupt shift. In late May the White House had pushed Republicans on the Senate Governmental Affairs Committee to oppose Lieberman’s bill. Now, Sen. Fred D. Thompson (R-Tenn.) told Lieberman: “I’ve been having a great time explaining my enthusiastic support for a proposition I voted against two weeks ago.”

The next step was all Karl Rove. Harold Meyerson wrote in WaPo (September 21, 2005),

In the fall of 2002, as the legislation establishing the DHS was wending its way through Congress, Rove had a Rovean idea: Embed some extraneous, ideological criteria in the bill — criteria that the Democrats would obviously oppose — and then campaign against those Democrats for being soft on homeland security. Which is why one day the bill suddenly contained language mandating that the unionized federal employees at the agencies being merged into DHS would henceforth be non-union. Predictably, the Democrats squawked, and predictably, the Republicans took out after a southern Democratic senator up for reelection — Georgia’s Max Cleland, who’d lost an arm and both legs while fighting in Vietnam — as indifferent to protecting our nation. Cleland was defeated.

To this day, Bush likes to speechify that Democrats had been opposed to DHS, implying that they are “weak” on homeland security, leaving out the detail that DHS had been primarily their idea to begin with.

But let’s continue — once the plan was made public, the amateurs who had drawn up the plans began to hear from the professionals that it wouldn’t work.

Falkenrath was barraged by Hill staffers with questions he could not answer: If the Immigration and Naturalization Service was moving to the new department, why were immigration judges staying at the Justice Department? Falkenrath did not know there were immigration judges. “Every one of these staffers had some little angle on something that we hadn’t thought of,” he said. “I was like, ‘We better go figure out what we’ve missed here.’ ”

Inside the White House, some aides were appalled by the specter of “a group of people who really didn’t know a whole lot about the boxes they were moving around,” as one put it. White House cybersecurity czar Richard A. Clarke, the counterterrorism chief sidelined by Bush after urging more decisive action against al Qaeda before Sept. 11, blasted Ridge’s office with a memo about the new department’s design flaws, warning that the failure to include a policy office would leave the secretary helpless to control its independent fiefdoms.

“Creating a significant policy shop is like Bureaucracy 101,” said Clarke deputy Roger Cressey. “We never heard anything back.”

And, as the DHS prepared to go into operation, political considerations continued to trump security considerations.

One stark example was the White House’s blockade of a Ridge-supported plan to secure large chemical plants. After Sept. 11, Whitman had worked with Ridge on a modest effort to require high-risk plants — especially the 123 factories where a toxic release could endanger at least 1 million people — to enhance security. But industry groups warned Bush political adviser Karl Rove that giving new regulatory power to the Environmental Protection Agency would be a disaster.

“We have a similar set of concerns,” Rove wrote to the president of BP Amoco Chemical Co.

In an interagency meeting shortly before DHS’s birth, White House budget official Philip J. Perry, who also happens to be Cheney’s son-in-law, declared the Ridge-Whitman plan dead.

The White House continued to undermine the DHS.

On Jan. 24, 2003, Ridge was sworn in as the first secretary of homeland security; Bush hailed him as a “superb leader who has my confidence.” Four days later, Ridge learned from the president’s State of the Union address that a new intelligence center for tracking terrorists — which he had expected to be the hub of DHS’s dot-connecting efforts — would not be controlled by DHS.

Ridge and his aides thought the center was one of the key reasons the department had been created, to prevent the coordination failures that helped produce Sept. 11. Not only had the White House undercut Ridge, it also let him find out about his defeat on television.

Bush didn’t even want the new Department to have its offices in Washington.

The first battle over DHS came when the White House tried to exile it from Washington. Initially, Daniels proposed to let cities around the country bid to host the new department as a cost-saving measure. Then the White House tried to park DHS outside the Beltway in Chantilly.

Just before the department’s official March 1 start date, the Chantilly deal fell through and DHS ended up in a decrepit Navy complex on Nebraska Avenue in Upper Northwest, several miles from the rest of federal Washington. Top DHS officials had to share desks in a “gulag-like” hangar at Building 3; the White House initially told them it was temporary quarters until a new “campus” was commissioned. But the talk of a new home for the department quickly stopped.

While everybody seems to think Tom Ridge is a lovely man, he lacked the mangerial skill to pull the behemouth of a department together. But he tried hard to pull together a regional plan for DHS.

From his first day at DHS, Ridge pushed to create what he called “mini-me’s,” eight regional directors who would manage the department’s assets in their areas during a crisis. It was Ridge’s one major effort to put his own organizational stamp on DHS, and it was meant to ensure better preparedness for a disaster, the thinking being that “you can’t plan a response in Los Angeles out of Washington, D.C.,” Lawlor said. With hurricanes in mind, Ridge wanted one region to have headquarters in New Orleans.

Some of DHS’s own managers, including Michael Brown of FEMA, complained about this idea. Brown actually went over Ridge’s head and complained to the White House. The White House would eventually kill the plan.

Tom Ridge resigned at the end of Bush’s first term, and Michael Chertoff took his place. And the rest is, well, Katrina. Glasser and Grunwald promise another installment of this saga tomorrow — FEMA’s war on DHS.

Update: I ought to explain the title — I started to write about the fact that DHS reminds me of corporations I used to work for — all slick PR, but total chaos beneath the surface. But the corporations had the benefit of enough long-term employees who knew the ropes that the companies were able to stumble along in spite of gross mismanagement.

Not Knowing When to Quit

This evening on MSNBC I saw the “Clinton did it too” defense of Bush’s secret wiretapping knocked down by Andrea Mitchell, believe it or not, who is guest hosting Hardball, and by Alison Stewart, who is guest hosting Countdown.

Seriously. There were actual experts who patiently explained that presidents Clinton and Carter followed FISA regulations regarding wiretapping, which is way different from what Bush is doing. And for the most part these people were allowed to speak at length without being interrupted by a rightie goon. I was astonished.

This hasn’t stopped the VRWC echo chamber from pumping out the now utterly debunked lie that President Clinton believed he had an “inherent authority” to order warrantless wiretaps of American citizens. Today’s new twist is the “Gorelick Myth,” which Judd at Think Progress takes apart here. I assume the Faux News crew and the radio righties are going along with the program, so that people getting most of their news from O’Reilly, Limbaugh, et al. will never hear the debunking. And, of course, rightie bloggers are obediently falling into line.

And according to Atrios, people watching CNN this evening didn’t hear the debunking either.

This means we’re at Stage 3 of the Daou Dynamics of a Bush Scandal, and we’re rapidly moving into Stage 4.

For the next few days the Right will work hard to continually repeat their storyline, or narrative, or excuse, or whatever you want to call it, over and over, often enough that most people will hear it and believe it to be true. The fact that it’s a flat-out lie will not, of course, discourage them.

However, for the most part, tonight two MSNBC programs got it right. Better than nothing.