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We've noted before this administration's extraordinary talent for secrecy. A growing number of agency reports, fact sheets, databases, and records have been re-classified, discontinued, or simply withheld.

And it seems that sometimes the administration surprises even itself. On the White House website, a trip to the Freedom of Information Act page about the Executive Office of the President gives you a list of the agencies subject to FOIA:

Right there, you can see that the Office of Administration is listed as an agency subject to FOIA. But apparently that's because the administration never gave it much thought.

In a motion filed yesterday, Justice Department lawyers argued that the Office of Administration is not subject to FOIA. Their reasoning: the office is not an "agency," by the definition of FOIA.

The motion was triggered by a suit from the D.C. watchdog Citizens for Responsibility and Ethics in Washington, seeking documents relating to the disappearance of at least 5 million missing White House emails between 2003 and 2005. The White House has suggested that the problem stemmed from a move from Lotus Notes to Microsoft Outlook.

But the Office of Administration's non-agency status hasn't stopped the office from processing plenty of FOIA requests up until now -- as many as 65 last year alone, the AP reports.

The Department lawyers admit as much in their motion, but say that doesn't matter. "To be sure," they write, "OA currently has regulations implementing FOIA and has not taken the position in prior litigation that it is not subject to FOIA." But every day is a new (secret) day in the Bush White House.

Karl Rove made sure that agency and department officials were busy, busy, busy come election time, The Washington Post reported this weekend. And now House oversight committee Chairman Henry Waxman (D-CA) wants to figure out just how busy.

Waxman sent out a request to 19 different agencies/departments today (take a deep breath: Departments of Justice, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Treasury, Veterans Affairs, Labor, State, Agriculture, Commerce, Transportation, Environmental Protection Agency, Small Business Administration, General Services Administration, United States Agency for International Development, and the Office of National Drug Control Policy), all of which apparently took part in Rove's scheme to use agency officials to help vulnerable Republicans.

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The Quakers can sleep easier. This morning, the Pentagon announced that it's canceling a database created to monitor threats to Defense Department installations in the U.S. that ended up compiling lists of citizens engaged in peaceful, constitutionally-protected protest speech. For good measure, the Talon database was run by an intelligence office that doled out millions to crooked defense contractor MZM.

Talon, which compiled unverified threat information related to domestic Pentagon-run facilities, will go out of business on September 17. That's a long-planned obsolescence: in April, Defense intelligence chief James Clapper stated that the Pentagon needed to "lay to rest the distrust and concern about the department's commitment to civil rights." And for good reason. Internal DOD memoranda obtained and disclosed by the ACLU revealed that Talon had ensnared information on over 2,000 American citizens, some for posing little more of a threat than "the possibility" of "some type of vandalism."

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Sure, the FISA Court has been reduced by the Protect America Act to a rubber stamp for the Justice Department and the Director of National Intelligence. But don't weep for the court. As a kind of consolation prize, it's getting new office space!

The nation's spy court is moving from its longtime home at the Justice Department to a nearby federal courthouse, a move that some hope will assert the court's independence even as Congress shifts some of its authority to the Bush administration.

Since its inception in 1978, the Foreign Intelligence Surveillance Court has been located in a secure area at Justice Department headquarters, where government attorneys armed with secret evidence seek permission to conduct surveillance.

"It's always been an anomaly and it suggested to critics that the court was subordinate to its Justice Department hosts," said Steven Aftergood, director of the Project on Government Secrecy at the Federation of American Scientists.

Now that's a new vista in cynicism: moving the FISA Court out of Justice right when it really does become an adjunct of executive power.

It's tough being friends with someone under federal criminal investigation.

That's what Bob Persons says. The longtime friend of Sen. Ted Stevens (R-AK) testified before a grand jury last fall about his involvement in the Veco-overseen renovations of Stevens' home, because he'd been the one to keep tabs on the job while Stevens was in Washington. News of Persons' testimony put him in local and national media stories about the Alaska corruption probe and soiled his good name, he told the Turnagain Times in an interview.

Persons has largely stayed quiet during the investigation, but he wanted to let his neighbors know he isn't a bad guy. In the interview with the Turnaround Times he revealed that he is the "Secret Santa" who has provided the needy children of Girdwood with presents each Christmas for the last 25 years.

He's also racked up $35,000 in legal fees recently.

“This is kind of embarrassing for me,” Persons said. “I’ve kept quiet for 25 years (as “Secret Santa”) and once I got caught up in the investigation, I wanted to stand up. I don’t want my reputation that I’ve built up over 25 years being sullied by an investigation. Things that are unproven, things that nobody knows."

When news broke that Persons testified and produced documents, I tried getting in touch with him at his Girdwood restaurant, The Double Musky Inn. I didn't have any luck.

On the one hand, there are benchmarks for Iraq, which can be subject to political manipulation. On the other hand, there's how life in Baghdad is actually lived by Iraqis. And a new report by IraqSlogger gives a glimpse at how tenuous that life can be.

IraqSlogger, the most comprehensive web resource on Iraq, put together a 95-page overview of a topic as ignored in the U.S. as it is crucial to Iraqis: the conditions of Baghdad's bridges. As the sprawling city is bisected by the Tigris river and the Army Canal, and belted at its south by the Diyala River, it's these access routes that determine how habitable the city is. Control of the area around a certain bridge by an insurgent group or militia is an invaluable resource.

The report costs $495. But we've been able to get a peek at what it contains. And sure enough, the bridges and their surrounding neighborhoods are battlegrounds for Iraq's multifaceted sectarian war. The spillover effect of unsafe areas nearby the bridges deeply influences Baghdad -- something that demonstrates just how much of a long shot Gen. David Petraeus' "population protection" strategy is.

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The White House found the subpoenaed warrantless surveillance documents! They were in Cheney's office all the time (presumably in a man-sized safe). Of course, Cheney's made it clear he's not handing those docs over anytime soon. (Washington Post)

Agriculture Undersecretary Mark Rey is facing contempt charges after his agency dropped fish-killing fire retardant on wildfires. After Rey blocked the first review of this information, a federal judge ordered Rey to complete a case review before October or face a contempt citation. (Associated Press)

Only one officer has been charged in cases of prisoner abuse at Abu Ghraib prison. Now, the most serious charges against him have been dropped because investigators failed to read him his rights. (Associated Press)

Pakistan freed an al-Qaeda operative and computer expert Monday after three years of custody. Mohammed Naeem Nour Khan was never charged in court prior to his release, but government officials say that intelligence gathered from his interrogation sessions led to the capture of at least one other key operative. (Associated Press)

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Rep. Bob Filner (D-CA) faces assault and battery charges for pushing an airline worker at Dulles International Airport, Roll Call reports.

We haven't heard of other alleged angry outbursts from the border-region lawmaker. But, to be fair, it sounds like the incident had something to do with lost luggage. We've all been there, Congressman.

From Roll Call (sub. req.):

According to the statement, at about 6 p.m. Sunday, while at the baggage-claim area for United Airlines, Filner “allegedly attempted to enter an area authorized for airline employees only, pushed aside the employee’s outstretched arm and refused to leave the area when asked by an airline employee.” Airport police arrived on the scene and interviewed Filner and other witnesses but let the Congressman leave. Later that evening, the airline employee whom Filner allegedly pushed appeared before a Loudoun County magistrate, who issued the summons charging Filner with assault and battery, according to the statement. Assault and battery is classified as a class 1 misdemeanor in Virginia. That charge could result in up to 12 months in jail and/or a $2,500 fine under Virginia code.

Filner's office said the news is factually incorrect. He'd correct the story now, said aides to the chairman of the House Committee on Veterans Affairs, but he's on his way to Iraq to visit the troops, so a full statement about the "ridiculous charges" will await his return. As will, in all likelihood, some very angry United employees.

Once, Brent Wilkes built a railroad. Made it run. Made it race against time. Made it spend over $1 million to bribe a Republican Congressman in exchange for multi-million dollar defense contracts. (Allegedly!) Now, the tracks have supposedly come apart on Wilkes' financial railroad.

Yesterday, Judge Larry Burns, the San Diego federal district magistrate presiding over the multifaceted Duke Cunningham-related trials, ruled that Wilkes is too broke to afford representation in his upcoming trial for bribery, money laundering and conspiracy. Wilkes, of course, made millions as the head of defense contractor ADCS, thanks largely to Cunningham, who Wilkes (allegedly!) rewarded with cash and the occasional prostitute. Can he really be bankrupt?

The government doesn't buy it. Wilkes' current attorneys -- who apparently see the end of the gravy train in front of them -- submitted a sealed financial document to Burns claiming indigence. But prosecutors are fighting to have it released, claiming that Wilkes may have profited from a transaction shortly after his March indictment alongside his best friend, ex-CIA official Kyle "Dusty" Foggo. Reports the San Diego Union-Tribune:

During the hearing, prosecutors from the U.S. Attorney's Office questioned whether Wilkes should be allowed to have an attorney paid for by the government, noting that the defense contractor is believed to have greatly profited from his alleged crimes. In April, Wilkes sold a Poway building that owed millions in past-due mortgage payments for $16.8 million to a San Francisco real estate investment firm.

The government also wanted to view the financial affidavit, arguing the public has a right to know its contents, Jason Forge, a federal prosecutor, told the judge.

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Bradley Schlozman, a former Justice Department official who was at the center of the U.S. attorneys scandal and is under investigation by the Departments inspector general for his alleged efforts to politicize the Civil Rights Division, has finally left his post at the Department.

After he left his position as the U.S. attorney in Kansas City this April, Schlozman moved to the Justice Department office that oversees all U.S. attorneys. Reached on his cell phone today, Schlozman confirmed that he'd left the Department last week, but refused to say anything more and then hung up.

That makes Schlozman the latest in a long line of Department officials to leave in the wake of the firings scandal, including former White House liaison Monica Goodling, chief of staff Kyle Sampson, Acting Associate Attorney General William Mercer, Deputy Attorney General Paul McNulty, and his chief of staff Michael Elston.

Before being tapped as the U.S. attorney for Kansas City in March of 2006 (after his predecessor Todd Graves was abruptly fired), Schlozman oversaw the voting rights section of the Civil Rights Division with an iron hand. Former employees say that, in tandem with Hans von Spakovsky, Schlozman gutted the voting rights division's efforts to protect African-American voters and made sure that the group did not oppose voter ID laws. The two also punished lawyers and other employees who did not toe the line, former employees say, sometimes changing performance evaluations to add negative comments.

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