The Daily Muck

Suit Against Murtha Faces Steep Hurdle
“A lawsuit charging Rep. John Murtha (D-Pa.) with libel and invasion of privacy over his comments about an alleged massacre of Iraqi civilians by U.S. Marines last year is likely to be dismissed under the Federal Tort Claims Act, a law that protects lawmakers from being sued for actions related to their official duties, according to a leading expert on the law.

“[The plaintiff’s lead attorney, Mark] Zaid, however, alleges that Murtha is using the notoriety of the Haditha incident to buttress his criticism of the Bush administration’s policy in Iraq with an eye toward running for Majority Leader if Democrats win control of the House in November. Murtha suspended his campaign for the leadership post in June, shortly after it publicly was unveiled.

“Zaid argues that Murtha was seeking to advance ‘a personal, private interest’ in commenting about Haditha — meaning his aspirations to become Majority Leader — and that Murtha’s statement therefore falls outside the FTCA.” (Roll Call, sub. req.)

Bureaucracy Impedes Bomb-Detection Work
“As the British terror plot was unfolding, the Bush administration quietly tried to take away $6 million that was supposed to be spent this year developing new explosives detection technology. Congressional leaders rejected the idea, the latest in a series of Homeland Security Department steps that have left lawmakers and some of the department’s own experts questioning the commitment to create better anti-terror technologies.” (AP)

Official’s Tax Break: on Firm Ground?
“”When U.S. Rep. Gary Miller (R-CA) sold 165 acres to the city of Monrovia in 2002, he made a profit of more than $10 million, according to a financial disclosure form he filed in Congress. Ordinarily, he would have had to pay state and federal taxes of up to 31% on that profit. Instead, Miller told the Internal Revenue Service and the state that Monrovia had forced him to sell the property under threat of eminent domain. That allowed him to shelter the profits from capital gains taxes for more than two years before he had to reinvest the money. But there is a problem with Miller’s claim: Monrovia officials say that Miller sold the land willingly and that they didn’t threaten to force him to sell.” (LA Times)

The Jill Carroll Story
The Christian Science Monitor is publishing a multi-part narrative by journalist Jill Carroll, who was abducted by Iraqi insurgents. (CSM)

The Growing Ranks of the Conservative Purged
“With his firing [from the Heritage Foundation], [John] Hulsman joins Bruce Bartlett, the economist who was dismissed from a right-wing think tank for his criticisms of Bush, in the ranks of the conservative purged. And in the coming months, their ranks will likely grow even larger. Conservative recriminations over Iraq are igniting all across Washington, with opponents of the war loudly assaulting its leading champions (see Francis Fukuyama v. Charles Krauthammer and George Will v. William Kristol.) But what the Hulsman incident reveals is that the war’s supporters aren’t about to passively absorb criticism and issue public apologies. They are going to fight back against their critics–and an ugly debate will become much uglier.” (TNR, sub. req.)

Ashcroft Finds Private-Sector Niche
“In all, Ashcroft’s firm has 30 clients, many of which make products or technology aimed at homeland security, and about a third of which the firm has not disclosed, to protect client confidentiality. The firm also has equity stakes in eight client companies, a trend the company plans to continue as it gradually turns its focus toward venture capital. Privacy experts and civil libertarians, who battled Ashcroft’s policies to enlarge surveillance powers, warned that the types of businesses promoted by the former attorney general and other lobbyists are fast becoming a de facto branch of the government, beyond traditional oversight. They question whether the security offered by these firms, some of which specialize in analysis of government and private data, is balanced by adequate protection for civil liberties.” (WaPo)

Texas Mayor Files for Delay’s Seat
“Sugar Land’s Republican mayor on Friday became the first person to file as a write-in candidate on the ballot for former House Majority Leader Tom DeLay, who resigned from Congress in June amid allegations of money laundering.” (AP)

12 File to Oppose Rep. Jefferson
“Under the glare of an FBI investigation, a politically vulnerable Rep. William J. Jefferson (D-La.) will face a dozen challengers in his bid for reelection, including some well-known Louisiana names. When the 5 p.m. filing deadline for the November election passed yesterday, eight Democrats, three Republicans and one Libertarian had filed to run against the eight-term incumbent, a sharp contrast to two years ago, when he faced one challenger.” (WaPo)

Whistle-Blower Feared Fellow GIs
“The soldier who triggered the Abu Ghraib prisoner abuse scandal by sending incriminating photos to military investigators says he feared deadly retaliation by other GIs and was shocked when Defense Secretary Donald Rumsfeld mentioned his name at a Senate hearing. Within days, Spec. Joe Darby was spirited out of Iraq at his own request. But his family was besieged by news media, and close relatives called him a traitor. Ultimately, he had to move away from his hometown in western Maryland.” (Chicago Tribune)

“Swift Boat” Veterans Set Sights on Rep. Murtha
“Two years after a cadre of veterans helped sink the presidential campaign of Sen. John F. Kerry (D-Mass.), they have found a new target in the old steel country of southwestern Pennsylvania: Democratic Rep. John P. Murtha. In a fight that organizers say will feature rallies, TV ads and an aggressive Internet campaign, these activists are promising to make Murtha pay for his criticism of the Iraq war.” (LA Times)

3 Texas Men Arraigned on Terror Charges
“Three Texas men were arraigned Saturday on terrorism-related charges after police found about 1,000 cell phones in their minivan, and prosecutors say they believe the men were targeting a bridge connecting Michigan’s Upper and Lower peninsulas. But two of the men said they were only trying to buy and sell phones to make money, and one said the money was intended to help pay for his brother’s college education.” (AP)

Judge Says Governor Can’t Be Tried in Office
“A judge ruled Friday that Gov. Ernie Fletcher, who is embroiled in a hiring scandal, is protected by executive immunity and cannot be prosecuted while in office.” (AP)

Abramoff Associate’s Interest in Alabama State Races Dates to ’01
“Convicted lobbyist Michael Scanlon’s financial interest in Alabama politics dates to 2001, when he intended to spend $75,000 from one of his Indian gaming clients to help elect Bob Riley governor, records from a congressional investigation show. Scanlon’s company ledger shows he earmarked $75,000 for Riley under the heading “Operation Orange.” That’s the nickname he gave to his promise to turn the Mississippi Band of Choctaw Indians into a political powerhouse by limiting competition for their tribal casinos, including in Alabama. ” (Birmingham News)

Sen. Martinez’s 2004 Campaign Under Review
“The 2004 campaign of Sen. Mel Martinez of Florida has been under review by the Federal Election Commission for more than a year, his campaign acknowledged today. Neither the FEC nor Martinez would say why the audit is being conducted, but letters from the agency to his campaign show that election officials are concerned about how much debt he reported during and after his successful Senate run against Betty Castor.” (Orlando Sentinel)

GOP Convention’s Halo Tarnished
“It was 10 years ago this week that San Diego hosted the Republican National Convention, touted by civic cheerleaders as the mega-event that would propel the city onto the world stage and pump millions into the local economy…. But the long-term costs would be hideous. The convention is now seen by some auditors and investigators as among a string of events that strained San Diego’s tight city finances, leading policy-makers in 1996 to balance the books by paying less into the city pension system than was needed to meet its future obligations to thousands of retirees.”

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