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David Kurtz

David Kurtz is Managing Editor and Washington Bureau Chief of Talking Points Memo where he oversees the news operations of TPM and its sister sites.

Articles by David

What a day. It's been hard to keep up. Between the Dems calling for a special prosecutor to investigate the attorney general this morning to Sen. Lisa Murkowski abandoning her riverfront property on the Kenai River (thanks to a little outfit called TPMmuckraker, which her staff claimed not to have heard of before now) to FBI Director Robert Mueller's testimony this afternoon, which was devastating to Alberto Gonzales.

But with all that going on, we wanted to dig a little deeper into Gonzales' statements about the Terrorist Surveillance Program which have plunged him into even deeper hot water with the Senate Judiciary Committee.

So Paul Kiel and Spencer Ackerman have put together a detailed post on the history of the NSA surveillance program and what precisely the Administration has said about it and what Gonzales' obfuscations may really be about. Call it a grand unified theory of the Gonzales perjury crisis and the warrantless surveillance program.

Go take a look.

The Anchorage Daily News is reporting that Sen. Lisa Murkowski (R-AK) plans to sell the Kenai River lot she purchased from politically connected developer Bob Penney back to Penney. The purchase was originally reported by TPMmuckraker's Laura McGann last week.

The Anchorage paper reports:

Murkowski announced the give back a day after a Washington watchdog group filed a 15-page Senate ethics complaint against her, alleging that Penney sold the property well below market value. The transaction amounted to an illegal gift worth between $70,000 and $170,000, depending on how the property was valued, according to the complaint by the National Legal and Policy Center.

Murkowski told reporters in her Capitol office this morning that Penney, a real estate developer who does business in Alaska and Outside, has agreed to buy back the property for the $179,400 purchase price she and husband Verne Martell paid Dec. 22, 2006.


We have the full rundown on the Murkowski deal at TPMtv and a compilation of Laura McGann's reporting at TPMmuckraker.

FBI Director Robert Mueller is testifying this afternoon before the House Judiciary Committee. Spencer Ackerman is providing updates at TPMmuckraker. Among other things, Mueller is being asked about that late night meeting at John Ashcroft's hospital bedside. We'll have more on that soon.

Seattle Times: "Attorney General Alberto Gonzales portrays himself as the piano player in the bordello, unaware of what is going on around him." [Via the KC Star, which has a cute cartoon.]

The Senate Judiciary has issued a subpoena to Karl Rove for him to testify regarding his role in the U.S. Attorneys purge. Obviously, the White House will cite executive privilege and refuse to make Rove available, so we're not going to see Rove under the kleig lights anytime soon. But it's another step toward a long overdue confrontation in the courts on the true scope of executive privilege.

I hate to do a third post on "block cheese," but this is just absurd.

The AP is running a story in which security experts praise the Transportation Security Administration for sending out a bulletin about suspicious items found in passenger luggage even though some of the alleged "incidents" were incorrectly reported by TSA:

Security experts and politicians--even longtime critics--praised the Transportation Security Administration’s warning that terrorists might be testing whether innocent-looking bomb components can be smuggled onto an airplane. . . .

The experts agreed that this judgment holds true even if the four incidents that triggered the warning turn out to have innocent explanations, as two of them – in San Diego and Baltimore – appeared to on Wednesday.


Say what?

First off, the San Diego incident didn't just turn out to have an innocent explanation. In fact, a reasonable person might conclude that there wasn't really any incident at all. The inspectors mistook an ice pack that was leaking for a ice pack stuffed with a clay-like substance similar to the consistency of plastic explosives--a mistake that was recognized on the spot after further inspection.

But even if you live in a perpetual state of paranoia and think that a 60-year-old lady with a leaking ice pack in her luggage constitutes an "incident," how can you possibly praise the TSA for issuing a bulletin about the incident that gets all the facts wrong?

As the San Diego Union-Tribune discovered yesterday when it looked further into the so-called incident, the TSA bulletin said the ice packs were covered in duct tape and had clay inside of them, but local law enforcement said they weren't covered in duct tape and didn't have clay inside of them. “It is a little bit off,” a local official told the paper.

I'm all for TSA being proactive about security (up to a point), but this is just incompetence masquerading as hyper-vigilance. Getting facts wrong, mistaking utterly innocent behavior for threatening behavior, and over-reacting to perceived threats may be worse than doing nothing. It diverts and wastes limited resources and contributes to a panicky atmosphere that skews judgments.

We have to start being smart about security and counterterrorism and stop being so fearful.

Senate Democrats are calling for a special prosecutor to probe Alberto Gonzales . . . more soon.

Update: We have video up at TPMmuckraker of some of this morning's press conference held by Senate Democrats.

This morning I noted, somewhat sarcastically, that the Transportation Security Administration had put out a bulletin warning that terrorists may be conducting dry runs for future attacks using airlines. The bulletin was based on the discovery of odd contents of passenger luggage around the country, including "block cheese."

But it wasn't just cheese. One incident involved mysteriously altered ice packs:

San Diego, July 7. A U.S. person - either a citizen or a foreigner legally here - checked baggage containing two ice packs covered in duct tape. The ice packs had clay inside them rather than the normal blue gel.


Or so it seemed. Now it turns out the ice packs didn't contain clay, as initially reported, but rather they had leaked and the gel had congealed. False alarm.

The San Diego Union-Tribune sniffs out what really happened:

San Diego Harbor Police Chief Kirk Sanfilippo said the incident involved a bag checked by a woman in her 60s flying out of Lindbergh Field.

Sanfilippo said a routine swab test of the bag indicated the presence of a chemical that is sometimes used in explosives or medications. Inside the luggage, inspectors found cold packs, wrapped in clear packing tape, that were old and leaking.

The TSA bulletin said the ice packs were covered in duct tape and had clay inside of them.

Sanfilippo said they weren't covered in duct tape and didn't have clay inside of them. “It is a little bit off,” he said of the bulletin.

The chief said a Harbor Police officer found what appeared to be hardened old gel that had seeped out of the ice packs and dried, leaving a clay-like substance around the outside edge of the pack.

. . .

In all, it took about three hours for the woman's luggage to be cleared by security officials.

After the packs were cleared, the woman told authorities she didn't want to keep them and they were thrown away, Sanfilippo said.

Sanfilippo said he first heard the San Diego incident was being highlighted in the TSA bulletin early Wednesday morning on the TV news.


Still no word on whether TSA got the "block cheese" reports wrong, too, but the money quote comes from the local TSA official in San Diego: “We get these [bulletins] all the time,” he told the Union-Tribune. “Almost all the time they prove false.”

In March, President Bush offered his support for his embattled attorney general, but admitted that Alberto Gonzales "has some work to do" up on Capitol Hill:

[A]nytime anybody goes up to Capitol Hill, they've got to make sure they fully understand the facts, and how they characterize the issue to members of Congress. And the fact that both Republicans and Democrats feel like that there was not straightforward communication troubles me, and it troubles the Attorney General, so he took action. And he needs to continue to take action.


Perhaps someone can ask the President if he's still troubled, since every time Gonzales has gone back to the Hill since March members of both parties have still felt "that there was not straightforward communication." Or maybe the better question is, how is the attorney general's "work" coming along up on the Hill?

Update: As of today, the official party line is still: Gonzales stays.

Justin Rood reports:

The FBI is taking cues from the CIA to recruit thousands of covert informants in the United States as part of a sprawling effort to boost its intelligence capabilities.

According to a recent unclassified report to Congress, the FBI expects its informants to provide secrets about possible terrorists and foreign spies, although some may also be expected to aid with criminal investigations, in the tradition of law enforcement confidential informants. The FBI did not respond to requests for comment on this story.

The FBI said the push was driven by a 2004 directive from President Bush ordering the bureau to improve its counterterrorism efforts by boosting its human intelligence capabilities.

The aggressive push for more secret informants appears to be part of a new effort to grow its intelligence and counterterrorism efforts. Other recent proposals include expanding its collection and analysis of data on U.S. persons, retaining years' worth of Americans' phone records and even increasing so-called "black bag" secret entry operations.


Just the sort of thing you would want Alberto Gonzales ultimately in charge of.

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