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Tom Moran Missed The Point

by: huntsu

Wed Mar 14, 2007 at 06:59:00 PM EDT



(just bumping this past my stupid one -- this post is long, but if you want to understand why we are talking about Chris Christie and the US Attorney scandal you should take a little time to read it. - promoted by huntsu)

Tom Moran today published a column pooh-poohing any connection between the rapidly escalating US Attorney scandal and our own federal prosecutor, Chris Christie.  In the column, Moran - an excellent columnist of whom I am a fan - commits the common error of accepting "common wisdom" as truth without asking questions.

Now, Blue Jersey is flattered to have been mentioned of course, but while we like being mentioned in concert with Paul Krugman we don't really want to be called conspiracy theorists.  Especially when we are not espousing any theories or conspiracies, just asking questions.  Here's what Moran wrote about us:

Here's the problem in this for New Jersey: It is bound to give undeserved credence to conspiracy theorists who consider U.S. Attorney Chris Christie a partisan hack.

That view is gaining some ground. The lefty blog BlueJersey.com suggested Christie has kept his job because he is doing the White House's bidding by going after Democrats on corruption charges. And New York Times columnist Paul Krugman wrote that the firings make the bias charges against Christie "quite plausible."

First step in the debunking of this is to note that Blue Jersey was very careful not to convict Christie when we first posted on this, going so far as to say that there was no fire and the smoke was pretty whispy.  What we are doing is asking the questions, and getting our readers to ask the questions, that are needed to either find out guilt or exculpate Christie of any wrongdoing.  It's what news gatherers do, only on blogs we do it a little more out in the open.

But it appears that Moran didn't really ask the question of whether there was a problem at the NJ US Attorney's office.  Instead, he just make guesses and suggestions of his own:

We'll never know Christie's motives with full certainty. We can't peer into his soul. Maybe he is an evil genius, and has thrown Republicans in jail only for cover.

But in that case, we would surely have heard from one or two of the career prosecutors in his office by now, at least anonymously. Why would a guy like Ralph Marra, Christie's first assistant and a Democrat, go along with a partisan scam?

Why haven't we heard from Marra?  It might be that he wants to keep his job, or that he hasn't been let in on it by Christie, or that he thinks this is business as usual and doesn't want to rock the boat.  Heck, it might be that he has been replaced by a doppelganger and is being kept hostage in the White House.

But we don't know because Moran didn't ask.  He has a platform with his column that he could use to ask, access that we Blue Jerseyans would love to have, but instead of asking the question he made up his mind ahead of time.  That's not good journalism, something at which Moran usually excels.

huntsu :: Tom Moran Missed The Point
Why does Moran think it is all hogwash?  Because he has bought the myth that Christie enjoys "busting corrupt Republicans as much as corrupt Democrats."  His evidence?

His first big kill was former Essex County Executive James Treffinger, a Republican who was leading the field to be the party's candidate for U.S. Senate.

Christie later set up camp in Monmouth County, dragging in enough corrupt Republicans to field a football team.

These "kills" do go on Christie's belt, but are they really his?  Take the Treffinger example.  Chris Christie was sworn in to his office in January, 2002.  The Treffinger case was begun in 2000, two years before Christie took office.

By March 2000, investigators identified Treffinger as a possible subject. Over the next two years, prosecutors compiled what became the heart of the case: 46 secretly recorded conversations in which the onetime Fulbright scholar incriminated himself.

Christie came into the office and was handed audio of Treffinger admitting his guilt 46 times.  Regardless of his possible hackdom, he had no choice but to take the damn thing to trial.  The office that had been in on the investigation was run by a Democratically appointed US Attorney who would know something was up if it hadn't been followed through on.

This is not to say that Christie didn't do his job, or do it well.  It's just to say that the Treffinger convictions - which included no jail time for his associates, including his barber who was nailed for having a no-show job -- are no measure of whether Christie is partisan or not.  He had no choice but to follow through with them.

"Operation Bid Rig," the FBI name for the Monmouth County investigation Moran references, also began well before Christie came on the scene.  In February 2005, Christie announced the arrests of 11 public officials  (8 Republicans and three Democrats, actually not enough Republicans to field a football team) had for public corruption.  It was a huge sting, and is the one that cemented his reputation as going after any corrupt official without regard to party.

But did he "set up camp" as Moran said, or arrive to find a well-stocked campsite?  It turns out that the investigation predated Christie by at least a year, and was well underway by the time he found a cot to sleep on.

The arrests, which included three mayors, came after an undercover F.B.I. investigation that stretched back for more than four years.

More than four years would put it at least in January 2001, still under the Clinton-appointed US Attorney, and probably earlier.  Again, The Democratically appointed personnel knew about the investigation so putting it in his pocket would have been pretty tough.

Making it even tougher is that a Democratic State Senator, Ellen Karcher, was a cooperating witness in the case and would have known if it was dropped.

State Senator Ellen Karcher, a Democrat and former Marlboro councilwoman, recently revealed that she wore a wire for the FBI in late 2002 to aid in their investigation in the township.

Again, this is not to say that Christie didn't do his job or do it well.  He got all 11, which is pretty good work.  But he had no choice in pursuing the case because it was well underway before he even took office and too many high-ranking Democrats knew about it.  Since he had no choice, it's not reasonable to use the case as an example of zeal.

At best, these two examples Moran used are neutral.  Yes, Christie nailed Republicans but No, he had no choice.

When you take away the 13 convictions from these two investigations, suddenly the whole bipartisan crusader image slips away.  Christie needs these for his armor against criticism of being partisan with his non-partisan office, but no reporter or columnist should use them for him.

Moran also pooh-poohs the most likely incident of clear partisanship from Christie's office, the issuance and public discussion of a subpoena issued to one of Bob Menendez's tenants who had received federal funding secured by the Senator.  This was done in seeming concert with the Kean Jr. camaign's efforts to push the story and corruption line, but Moran says Menendez "asked for it."

Democrats began their beefing last year when Christie dropped a subpoena on a nonprofit group that rented a home from Sen. Robert Menendez.

Sorry, but Menendez asked for that one. He chose to rent his home to a group that received his help in Washington. Should a federal prosecutor look the other way when faced with such a clear conflict?

Actually, Menendez didn't handle the rental or choose the tenant.  That was handled by a real estate agent without Menendez's influence or direction, and occurred years before he assisted them in getting recognition as a Federally Qualified Health Center and increased funding.  Getting an FQHC in the community (and not in his building) is a boon to the poor and uninsured, and was a responsible thing for a Congressman to do.  Should he have kicked them out of his property because he was doing his job?  Moran seems to think so, or at least doesn't know the full story of the rental or that there is a newspaper article from 1996 that demonstrates Menendez went to the House Ethics Committee to get clearance on the deal.

Frankly, there is no fire there.  Moran is right that there is smoke and that a US Attorney might want to investigate it.  However, issuing the subpoena 45 days before an election and discussing it publicly as your party's candidate is starting to fade is a little much.

And while there is no fire around Christie regarding the election-time subpoena, there is at least as much smoke as there was around Menendez's rental deal.  Christie was Bush's NJ campaign attorney, raised over $100,000 for him, is a former Republican Freeholder, and is named as a prime candidate to run for Governor in three years.  Other US Attorneys were fired for not inserting their offices in the 2006 elections, but Christie did and still has his job.

If Menendez "asked for it" then surely Christie is doing the same.  Unless, of course, there is a double standard here.

Finally, Moran ends the piece with this admonition:

Let's keep this scandal where it belongs -- in Washington.

What this shows is that Moran has not been paying attention to the scandal, or how it broke.  He knows some of the facts of the matter, but misses the most important part: while this is a Washington scandal, it is only so because it was the Washington Republicans firing US Attorneys to help out local Republicans.

  • Carol Lam of California was fired after the White House got pressure from Congressman Darryl Issa (R-Calif) who complained of her perceived focus on corruption to the exclusion of immigration control.
  • John McCay of Washington was fired after state Republican Chair Chris Vance complained to Karl Rove on two occasions that Vance was not prosecuting allegations of Democratic voter fraud.
  • David Iglesias of New Mexico was fired after Senator Pete Domenici (R-NM) and Rep. Heather Wilson (R-NM) both called him to pressure his office to indict a Democrat prior to the election, then complained to the White House about his performance.  (As a side note, before this incident came to light Domenici had been above suspicion of ever doing something like this.  If Domenici went against his image, it makes no sense to give Christie the benefit of the doubt as Moran does.)

The scandal did not start in Washington.  It started in the states with Republican party officials and politicians putting pressure on US Attorneys to use their offices for partisan gain.  It moved to Washington only after the locals complained, and the White House responded by making the situation worse.

Moran would do well to remember that a month ago when Talking Points Memo broke this story it was laughed off as a conspiracy theory.  Then when the facts came out it was worse than anyone had initially suspected.

It's entirely possible that Moran is right and Christie hasn't politicized his office to help the Republican party and never received pressure to do so.  But unless he actually investigates it and asks questions he shouldn't categorically rule it out.

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Force Moran to ask the question or Christie to answer the question (0.00 / 0)

Not sure why this comment on an earlier Christie post isn't showing up anymore.  But it's still relevant to huntsu's marvelous analysis above.

-pb

_________________

Simply put,  putting the question

"Why won't Christie deny that he was contacted by Republican officials concerning his prosecution of the Menendez case?"

out in the MSM should force an answer.

Why doesn't Moran ask that question?

How about:

"Why won't Moran ask Christie whether he was contacted by Republican officials?"

to put pressure on Moran?

-pb


comment (4.00 / 1)
Your comment is still there:

http://www.bluejerse...


[ Parent ]
Great analysis! (4.00 / 1)
Much more thoughtful and articulate than I.  Thanks.

great post huntsu (0.00 / 0)
his view sort of follows the Ledger editorial form Sunday, which mentioned the same presumption about his evenhandedness, and i believe had a count of his corruption cases, but not broken down by party.  How hard would that be to get if your the state's largest newspaper?  i would like to see the ratio with Treffinger and Monmouth taken out.  Also Issa is an R of course.

Thanks for the Edit! (0.00 / 0)
I feel like Fox News.  How embarrassing.  I fixed it.

[ Parent ]
Unfortunately (4.00 / 1)
While i think it is good to draw attention to Christie, there was probably no trail of wrongdoing, because he is too smart.  While other US Attorneys had to get calls or pressure, Christie knows the drill and probably never had to get a nudge or push from any NJ GOP Congressmen.  None of them have much power or influence anyway.  If he was to get a push it would have been directly from White House or one of the many big GOP money men in the state, who Christie knows very well.

I found this link (0.00 / 0)
in an article by Sidney Blumenthal at Salon:

http://www.epluribus...

It is a study printed in ePluribus media by Shields and Cragan entitled, "Political Profiling of Elected Democratic Officials...."

I don't know how useful it is.  For example, I zoomed through NJ in one of their appendices and saw the Treffinger "hit." While what they state is statistically true, it does not take into account huntsu's (excellent) analysis of l'afaire.  Of course, the authors are making a different argument.

Maybe someone else has the time to see if it worth the bandwith. (huntsu?)


Data is flawed (0.00 / 0)
Their data is terribly incomplete.  Christie claims he has convicted more than 75 corrupt officials since 2002, an the data in this report has only 45 investigations.  There's no point you can draw from it.

[ Parent ]
Thanks (0.00 / 0)
If I have time, I might point that out in a Salon letter.  I like Sidney, so its too bad.

And huntsu, again because I have no time, have you (or anyone else) been able to dredge up the full memo on all the USA's?  I found one at (I think) TPM Muckraker, but the info about all the other attys was redacted.

I wanted to know if Christie's name was on the "Strongly Keep 'em" list or whatever.  Christie is a smart guy - he could have figured out the WH position,(and possibly, his personal view) as suggested by a comment upthread.


[ Parent ]
Question (4.00 / 1)
Where did information of a subpoena served on a non profit renting space from Bob Menendez come from? Since the subpoena eminated from Christie's office, logic dictates that the information came from Christie's office or the non profit on which it was served. Who would benefit from this information being made public? This has Ku Klux Karl's finger prints all over it. Christie leaked as much as possible without being blatant. He knows who's paying his salary.
And since these cretins favor torture, anyone with information regarding this travisty should be the subject of a public horse whipping with cayenne added for effect.

Restore democracy and the Constitution for which it stands.

It came from Christie (0.00 / 0)
I believe it was confirmed at the time that it was the US Attorney's office that leaked word of the subpoena -- something Christie has a longstanding and troublesome reputation for doing.

[ Parent ]
At Christies's Level, Appearances Matter... (0.00 / 0)
Huntsu, your in depth analysis on this is excellent; I suspect Tom Moran himself is having second thoughts.

Christie should have to respond to all the questions/issues you've raised.  The appropriate/credible place for that would be under oath in a Congressional hearing. 

Anything less leaves him open to, at the very least, the appearance of possible impropriety.


Excellent analysis of Moran's piece. (0.00 / 0)
I agree with the comment that Christie would know what to do re Menendez with out needing to be told by the DOJ. Look at  gas prices around election day I don't think the Exxons of the world need a memo- they get it.

This is why the Menendez subpoena matters (4.00 / 1)
From Sidney Blumenthal's article today in Salon:

From the earliest Republican campaigns that Rove ran in Texas, beginning in 1986, the FBI was involved in investigating every one of his candidates' Democratic opponents. Rove happened to have a close and mysterious relationship with the chief of the FBI office in Austin. Investigations were announced as elections grew close, but there were rarely indictments, just tainted Democrats and victorious Republicans. On one occasion, Rove himself proclaimed that the FBI had a prominent Democrat under investigation -- an investigation that led to Rove's client's win....

Certainly fits the pattern, doesn't it?

The full article is here (registration required).

http://www.salon.com...


Sign On To DNC FOIA Request... (0.00 / 0)
http://www.democrats...

It's a no brainer; sign on.  Wouldn't it be cool if there were a hundred million folks demanding these documents?

From Howard Dean's letter...

This could be George Bush's Watergate.

Eight U.S. Attorneys, fired because they wouldn't follow orders by the Bush Administration.

Fired because they refused to go on witch-hunts against Democrats, or ignored the Republicans' blatant disregard for the law. Fired so that they could be replaced by talking heads and loyalists of the Bush Administration.

When Scooter Libby was convicted, I said that this administration reminded me of Richard Nixon's administration -- more obsessed with their critics than with the jobs the American people entrust them with. But this latest White House scandal takes that comparison to another level.

Just what did George Bush, Karl Rove, Alberto Gonzales and the rest of the Bush White House and Republican senior staff know about the Justice Department firings -- and when did they know it?

Join us in our effort to use the Freedom of Information Act (FOIA) to try to cut through the White House's nonsense -- the finger-pointing, the lies, the cover-up. Americans have a right to access any and all records between the Republican National Committee, other Republican party committees, and the Department of Justice in order to get to the bottom of this investigation.


done (0.00 / 0)
not that FOIA or being under oath means anything to the Bush Junta

Restore democracy and the Constitution for which it stands.

[ Parent ]
It's All Clinton's Fault (0.00 / 0)
Joe Conason has two articles that repudiate the latest Repug talking points on the USA firings. They stem from the argument that Clinton fired all the USA's when he took office. The answer to that is, so what?

But the R meme goes further, stating that Clinton was responsible for the so called mass firings to cover up two instances in which he or fellow Dems could be harmed by investigations.

The first is from The New York Observer:

http://www.observer....

Conason goes through the trumped up charges "referred" in AK, to the R/USA, Charles A. Banks, just before the 1992 Pres. election.  Banks refused to pursue the investigation against the Clintons (and McDougal) because he and the FBI thought they were meritless. Needless to say Banks' political career was over.  Hmmm.... how does that relate to NJ?

The second article is in www.salon.com. Conason debunks the argument that Clinton's real motive for the mass firings was to get rid of Jay Stephens, who was investigating Rep. Dan Rostenkowski.  Of course, Rostenkowski was later convicted by a D/USA.  I don't know how this relates to NJ, other than it being a "reverse huntsu."  This was a case of R investigation, D conviction. Christie's case was one of D investigation, R conviction.  Guess it's an argument for an independent, ethical corps of USA's.

I asked, up thread, if there was a complete list of Loyal/Not Loyal USA's.  It seems that the list, provided by the DoJ is redacted. Period.

Which also leads me to ask, even if the WH and the DoJ comply with Dean's FOIA request, wouldn't these documents be so heavily redacted that they would be useless?  Maybe I'm missing something.


Follow the money... (0.00 / 0)
The big story now seems to be the Lam dismissal.  Having put Duke Cunningham behind bars and having just indicted CIA #3 Dusty Foggo, her investigation was just setting its sights on powerful Rep. Jerry Lewis when she was canned.  An e-mail from Gonzalez' flunky Kyle Sampson to Harriet Miers the day that the Lewis investigation made the press referenced "the real Carol Lam problem."

The Lam investigation could go right to the top.  Break that one wide open and all the other dominoes - Christie included - might just fall into place.


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