Mukasey Tells A Nasty Whopper

Attorney General Michael Mukasey made an astonishing statement in San Francisco last Wednesday during a question and answer session following a routine propaganda speech (a demand that Congress grant warrantless eavesdropping powers to President Bush and retroactive immunity to telecoms so that the sky doesn’t fall on our heads):

Officials “shouldn’t need a warrant when somebody with a phone in Iraq picks up a phone and calls somebody in the United States because that’s the call that we may really want to know about. And before 9/11, that’s the call that we didn’t know about. We knew that there has been a call from someplace that was known to be a safe house in Afghanistan and we knew that it came to the United States. We didn’t know precisely where it went.”

At that point in his answer, Mr. Mukasey grimaced, swallowed hard, and seemed to tear up as he reflected on the weaknesses in America’s anti-terrorism strategy prior to the 2001 attacks. “We got three thousand. . . . We’ve got three thousand people who went to work that day and didn’t come home to show for that,” he said, struggling to maintain his composure.

This story pretty much slipped under the radar last week. The New York Sun reported it on Thursday, The San Francisco Chronicle got around to it on Friday, Glenn Greenwald picked it up on Saturday, and Keith Olbermann had it front and center on MSNBC’s Countdown last night.

Both Greenwald and Olbermann questioned whether Mukasey was telling the truth about this call (which seems to have become standard operating procedure with Attorneys General appointed by George Bush; of course, both Alberto G. and Mukasey earned this treatment by their own diligent behavior). Greenwald said: “If what Muskasey said this week is true — and that’s a big ‘if’ …” while Olbermann went: “Either the attorney general just admitted that the government for which he works is guilty of malfeasant complicity in the 9/11 attacks, or he’s lying. I’m betting on lying.”

(By the way, Greenwald also explains at length why Mukasey’s entire remarks are dishonest because “(even) under the “old” FISA, no warrants are required where the targeted person is outside the U.S. (Afghanistan) and calls into the U.S.”)

Both Greenwald and Olbermann are essentially saying “We’re not sure we believe Mukasey that there was any such call, but at this point, of course, nobody knows for sure.” However, it seems to me that Mukasey’s claim that there was this specific call about 9/11 that the government knew about but wasn’t able to listen in to is self-evidently a lie. For the simple reason that if we weren’t able to listen in, then we obviously have no way of knowing that the call was about 9/11.

Note that I’m not saying there was obviously no such call. I’m saying that the pair of statements together cannot be true: that there was this call but we didn’t listen in.

So what’s the truth? That there was no such call? Or that there was a call but we have no idea what was said, and Mukasey just picked a known non-intercepted call at random and fabricated out of whole cloth the story that it was related to 9/11? Or that there was a call, and we listened in without a warrant and, for whatever reason, we did not act on the information that was intercepted? Paraphrasing Olbermann, Condi Rice and George Bush knew about 9/11, before 9/11, and they didn’t do anything about it?

The Chronicle reports:

Mukasey did not specify the call to which he referred. He also did not explain why the government, if it knew of telephone calls from suspected foreign terrorists, hadn’t sought a wiretapping warrant from a court established by Congress to authorize terrorist surveillance, or hadn’t monitored all such calls without a warrant for 72 hours as allowed by law. The Justice Department did not respond to a request for more information.

As Olbermann said last night: “somebody in Congress better put that man under oath right quick!”

Comments

  1. psmarc93 says:

    THIS NEEDS TO BE IN HEADLINES! Let’s give the Attorney General of the United States of America the benefit of the doubt — that he isn’t inventing this “phone call from a sleeper cell” OR at least recognize that the story must have some basis in reality and not fabricated from whole cloth — the government could have intercepted a call from a KNOWN Al Queda cell in Afghanistan, tapped it immediately, and legally under FISA, and DID NOTHING to prevent the attack on the World Trade Center?
    Actually, a Congressional inquiry is REQUIRED.
    However, after all is investigated, the evidence will probably show that this administration lies, and lies and lies until it needs a database to configure which lie might contradict another or even backfire on them. Nevertheless, it isn’t just partisan politics to insist that this administration’s failure at 9-11 be thoroughly investigated (since this “phone call” was not in the 9-11 Commission Report obviously the investigation has not been complete). Why investigate? TO KEEP ATTACKS LIKE THIS FROM EVER BEEN SUCCESSFUL IN THE FUTURE. I’d even be willing to PARDON BUSH and CO. as long as ALL the truth comes out. It’s too important to leave to secrets.

  2. Linda says:

    I believe that the NSA has the capability to intercept and store all communication through major telecommunication hubs. If they do not have it today, they are certainly moving towards that goal. So we must assume, as we think about this, that the NSA has this enormous database.

    Mukasey and others on the right are defending this capability because it is can be a powerful tool for fighting evil. We on the left are fighting this capability because we believe it can be a powerful tool for promoting evil. The first round went to the left when we voted down the Total Information Awareness program. The second round has gone to the right when the administration developed it anyway. So we agree it can be a powerful tool, and we are obviously in a fight about it.

    Where the rubber meets the road is where, when, who and how the data is accessed. The data does not become information until it is organized. Traditional wiretapping takes place in real time, the database can be access after the fact, perhaps far after the fact. That is part of what makes it so powerful. It can also be mined for patterns, or exceptions to patterns. When an evil doer is identified, all his or her social contacts can be identified. Wow!

    We do want the CIA to listen in and track Bin Laden. We do not want temporary clerks listening in on George Clooney’s telephone calls. Nor do we want the administration mining the data for opposition research. (Hmmmmm… could that be the source of the Spitzer/Peterson/Stabenow flap? Is that why the Democrats appear to be so timid?)

    We need to be proposing adequate legal, administrative and technical paradigms for controlling access to this kind of information. Starting from the assumption that we have a database of everything bypasses the problem of releasing secret information about our actual technical capabilities. Just go for it.

    And go forth with courage, resisting the temptation to be very afraid.

  3. matt says:

    The first round went to the left when we voted down the Total Information Awareness program.

    the left didn’t win anything. the administration just changed the name and the budget line.

  4. What Constitution? says:

    Rachel Maddow noted another aspect of this Mukasey disclosure that needs further examination: that is, was Mukasey’s comment an inadvertant “slip of the truth” by one of Bush’s minions who has come in well after the fact, somewhere been briefed about what actually has gone on and been kept undisclosed, then forgot the playbook in a public forum and has let a cat out of a bag? Other examples would include John Negroponte’s recent confirmation that the Administration approved waterboarding — which hadn’t actually been admitted but shortly thereafter became a “yes we did and we’d do it again” talking point; or McConnell letting slip that the real motivation behind W’s FISA veto threats wasn’t “risk to Americans” but, rather, telecom immunity.

    It’s a longstanding “good advice” lawyer admonition: you tell your witness that it’s actually better to tell the truth because it’s the only story you don’t have to work to keep straight. The Bush administration keeps trying to remember its own lies, and that just can’t be done repetitively over time.

  5. sarabeth says:

    When someone like Mukasey sheds a practiced tear, I have trouble believing it was an inadvertent, unrehearsed performance.

  6. KC says:

    Wait a second…if this is the actual quote, maybe it was just a sloppily explained hypothetical on Mukasey’s part ?

    As specious as his whole argument is, maybe he wasn’t referring to an actual call?

    Am I missing something?

  7. sarabeth says:

    In my experience, sloppily explained hypotheticals do not usually elicit a “no comment” later.

  8. KC says:

    I haven’t been completely convinced yet that Mukasey wasn’t just making this call up out of thin air….that was my point, and it seems to be the story coming that the 9/11 commission members are sticking to at the present time.

    Not that I believe ANYTHING that this administration or the lackeys on the commission have to say.

  9. sarabeth says:

    I’m not sure I understand: “a sloppily explained hypothetical” is very different from “just making this call up out of thin air”.

  10. KC says:

    Well, since nobody in our pushover media who was present at the event asked for clarification on the spot, I fear we’re simply reduced to speculation.

    That’s what I was doing in my first post, because upon reading the transcript of that portion of the speech, I could imagine how what Mukasey said could be a stupid, vague fear mongering hypothetical (a la “mushroom clouds”). That’s just how these guys talk.

    Applying a more cynical approach to it though, and after having read some further analysis and some of the comments Greenwald was able to elicit from a member of the 9/11 commission, it appears that it might have been a fabrication that he never thought he’d be called on.

    Because he, like the rest of us knows how toothless the press is with this administration.

    In any case, I fear that his wording was sufficiently vague so as to allow him to cover his ass.

  11. bdop4 says:

    He only gets to cover his ass if we let him.

  12. KC says:

    He only gets to cover his ass if we let him.

    Sure. Let’s get the Congress to issue subpoenas…oh wait, the AG’s office is the same part of the Admin who REFUSES to enforce anything, citing executive privilege. The only thing we can do is make it into a huge deal…the way the press is, good luck with that.

    I wrote my Congressman, but I don’t think it’ll lead to much.

  13. section9 says:

    Well, no, look, when it was revealed, at trial, that bin Laden’s cell phone had been monitored, he changed his operational security. That’s what Mukasey is, fundamentally, saying here.

    The problem you people have is that you do not believe we have enemies. You won’t believe we have enemies until we suffer casualties here at home and a Democrat is in the White House.

    ONLY THEN will you be in favor of warrentless wiretapping.

    Ralph Peters put it best when he said that the Left wasn’t against the Iraq War so much as against those who were waging it. Or, to take a riff off of Mark Twain, no one ever lost money betting against the cynicism of the Democratic Party.

  14. sarabeth says:

    Doug Feith got it wrong, as usual (you people always do).

    The assholes are not those who care about torture, the assholes are the likes of section9.

    All these years of people making the point succinctly and clearly, and you still pretend you don’t understand the problem we people have?

    Once more with feeling: We have a real problem with the Bushmen using the fact that we have enemies to lie to the American people, lie to Congress and ride roughshod over Constitutional liberties and traditional American values.

  15. matt says:

    did section9 just post a comment that didn’t amount to a rimjob for Condi Rice?

  16. Ben says:

    So I assume you all believe that in 1943 to listen to a phone call originating in Japan the Roosevelt administration would have needed a warrant as well? Or if calls were coming in from Berlin they would undoubtedly have sought a judge before listening in? We have soldiers dying in Iraq on a daily basis, but we need warrants to listen to phone calls that originate there? Sorry, but there is no historical precedent for that kind of limit on wartime intelligence.

    Now if the argument is that the government should seek a warrant before listening to calls from England, India, even Pakistan, then that is a valid viewpoint. We aren’t at war in any of those countries. But calls from Iraq are calls from a war zone. It’s called wartime spying and people who want to inhibit that are being reckless with our government’s ability to defeat the groups that are killing American soldiers.

  17. sarabeth says:

    Did you even bother to read the post? Or did you just assume that you knew what I must have said, and jump straight in to comment?

    Because if you did bother to read the post, surely you saw this:

    (By the way, Greenwald also explains at length why Mukasey’s entire remarks are dishonest because “(even) under the “old” FISA, no warrants are required where the targeted person is outside the U.S. (Afghanistan) and calls into the U.S.”)

    So why then would you be imputing to me (and whoever else you are including in that “you all”) the beliefs you did?

    Next time you set out to shoot down an argument, you might check first whether anyone has actually made that argument.

  18. matt says:

    >So I assume

    don’t do that. clearly you’re not up to even reading, so thinking is clearly past your skill set.