The Daily Muck

Air Force Brig. General Thomas Hartmann, the top legal adviser for the military trials at Guantanamo Bay, refused to say if waterboarding is torture and would not even answer senator Lindsey Graham’s (R-SC) hypothetical question about whether it would be considered torture if Iranians were to waterboard a downed U.S airman. Instead, Hartmann, who took a drubbing from senator Durbin (D-IL) about the entire tribunal process, asserted that if interrogation techniques provide evidence that “is reliable and probative, and the judge concludes that it is in the best interest of justice to introduce that evidence, ma’am, those are the rules we will follow.” (Washington Post)

A federal appeals court ordered the Bush administration to preserve any evidence that might prove that a former Baltimore resident was tortured during his three years in secret CIA custody. Majid Khan is one of 15 high-value detainees who once were held by the CIA but are now being held at Guantanamo Bay. (McClatchy)

Sen. Trent Lott’s (R-MS) son claimed the domain name breauxlott.com this fall, which is a strong indication that the retiring minority whip will join forces with another senator-turned-lobbyist John Breaux (D-LA) on K Street. Chet Lott, a registered lobbyist, registered the name on Oct. 16 — six weeks before his father’s unexpected announcement, which could mean Lott was pre-negotiating his new position before he should have. (The Hill, Think Progress)

The top attorney prosecuting representative William Jefferson (D-LA) has requested 10 subpoenas for witnesses to appear at Jefferson’s trial. This indicates that despite Jefferson’s efforts to delay the January 16 start, prosecutors expect a timely start. (The Hill)

Potrero, California residents have won the first round in their efforts to block Blackwater’s creation of a massive mercenary training complex just north of the border with Mexico. A town vote recalled all five members of the planning board that had endorsed Blackwater’s plans. (The Mercury News)

The U.S. Department of Homeland Security is plagued by “mismanagement, grossly excessive spending, criminal conduct and shady no-bid contracts,” says a report published last week by a non-profit watchdog. The report (pdf) cites government and news media investigations into contracts and programs worth billions of dollars, and the business dealings of former Homeland Security officials now seeking to gain government contracts in the intelligence and defense fields, as well as with the DHS. (United Press International)

House Appropriations Chair David Obey (D-WI) has caused a stir with his proposal to eliminate all earmarks from future legislation. Such a move might help curb spending but could pose problems for lawmakers facing tough reelection battles in 2008. (The Hill)

Senate Minority Leader Mitch McConnell (R-KY) is one of those facing re-election who wants to preserve earmarks. He likes them so much, in fact, that “his re-election campaign has bought ads to tout the $200 million he takes credit for steering to health research programs at Kentucky universities.” (CQ Politics)

As a result of the “collapse” of the Department of Justice’s anti-terrorism case against the Holy Land Foundation in October, experts say that prosecutors need a “new narrative” to sell to juries. Critics of the government’s case assert that prosecutors “threw in a lot of stuff” that overwhelmed the jury, whereas “you have to create a story.” One national security law expert noted that while Holy Land “clearly gave the money to these charities,” “it’s the first trial of an intermediary charity, [and] it’s a harder case to prove on the evidence.” (CQ Politics)