Judge dismisses Valerie Plame's lawsuit

Note from Greetings: In case you hadn't noticed. I'm sure the Bush administration had hoped this would travel under the radar. White House Press Corps(e)? Anything to say? I do.... "Wow!"

by Tim Grieve, Salon War Room

A lawsuit filed by Valerie Plame Wilson and her husband, former ambassador Joseph Wilson, against current and former Bush administration officials was dismissed by a federal judge today.

The judge in the case, U.S. District Judge John D. Bates, was appointed by President Bush in 2001; he spent almost two years in the 1990s as a deputy independent counsel in the Whitewater investigation. Bates dismissed the case on grounds of subject-matter jurisdiction; that is, he ruled that he did not have jurisdiction to rule on the specific claims advanced by the plaintiffs.

Plame was suing Vice President Dick Cheney, Cheney's former chief of staff Scooter Libby, presidential advisor Karl Rove and former Deputy Secretary of State Richard Armitage. The suit alleged that the defendants violated the Wilsons' constitutional rights by "reach[ing] an agreement to discredit, punish and seek revenge against the [Wilsons] that included, among other things, disclosing to members of the press Plaintiff Valerie Plame Wilson's classified CIA employment."

Melanie Sloan, one of Plame's attorneys and the executive director of Citizens for Responsibility and Ethics in Washington, said today that "while we are obviously very disappointed by today's decision, we have always expected that this case would ultimately be decided by a higher court ... We disagree with the court's holding and intend to pursue this case vigorously to protect all Americans from vindictive government officials who abuse their power for their own political ends."

Though no one was ever charged with the actual leak -- the applicable statute, the Intelligence Identities Protection Act, requires that the leaker know that the protected officer's identity is covert -- Libby was convicted of perjury, obstruction of justice and false statements made to federal investigators and sentenced to 30 months in prison, a $250,000 fine and two years of probation. On July 2, Bush commuted Libby's prison sentence.

Update: We just got off the phone with Anne Weismann, CREW's chief counsel and another of Plame's attorneys. There's been some confusion about exactly on what grounds Judge Bates dismissed the suit; the Associated Press has been reporting it as subject-matter jurisdiction, and that's originally how CREW -- which is trying to simultaneously read and digest the opinion, which is quite dense, while responding to reporters' queries -- interpreted it as well, and how we reported it. But we looked over the opinion with Weismann, who looked it over again as well after getting off the phone and e-mailed Salon to say that Bates did not dismiss solely on subject-matter jurisdiction.

There were five claims on which the Wilsons filed suit; one was a tort-law claim and four were constitutional. Bates dismissed the tort-law claim because he lacked subject-matter jurisdiction. The constitutional claims he dismissed because, he said, "plaintiffs... failed to state a claim upon which relief can be granted with respect to their four causes of action asserted directly under the Constitution." Bates did not rule on the merits of any of the claims: "[T]he Court will not reach, and therefore expresses no views on, the merits of the constitutional and other tort claims asserted by plaintiffs based on defendants' alleged disclosures because the motions to dismiss will be granted," he wrote.

John From Cincinnati - Best New Show in Ages

John From Cincinnati - best new show in ages

Starring: Rebecca De Mornay, Garret Dillahunt, Greyson Fletcher, Willie Garson, Luis Guzman, Keala Kennelly, Austin Nichols, Ed O'Neill, Luke Perry, Brian Van Holt Premiere Date: Sun., June 10, 2007

Premise: "Deadwood" creator David Milch and "surf noir" novelist Kem Nunn collaborated on this decidedly offbeat drama set in the small coastal town of Imperial Beach, Calif., where the Yost surfing dynasty seems to be suffering a karmic wipeout.

Grandfather Mitch Yost has held the sport in cynical disregard ever since he nearly destroyed his knee in a surfing accident years ago, and both he and his wife, Cissy, have watched their son, Butchie, surrender his own promise to a life of hardcore drugs.

Over Mitch's objections, Cissy hopes their grandson, 13-year-old Shaun, may be able to use his own prowess on the waves to shake off the curse that seems to hang over their family. And the sense that something miraculous may be in the offing is only intensified by the arrival of an enigmatic young stranger who seems to be from another planet altogether.

To anyone who asks, however, this eccentric visitor insists he is simply John from Cincinnati.

History: David Milch, Gregg Fienberg, Zvi Howard Rosenman and Mark Taylor are executive producers. Mark Tinker directed the pilot.

Gil Scott-Heron and Brian Jackson - long before rap

Before there was hip-hop, gangsta rap, Def Jam or Biggie Smalls, there was Gil Scott-Heron.

Listen to It's your World by Gil Scott-Heron on Rhapsody: http://www.rhapsody.com/goto?rcid=tra.2640316&variant=play&lsrc=RN_im

Scott-Heron was a college educated, street-smart urban poet with a strong musical background - a spoken word artist whose contributions to the genre have become as undeniable as they were influential. Born on April fool’s day 1949, in Chicago, IL, Scott-Heron actually spent most of his early childhood in the Deep South, 50 miles from the Mississippi border in Jackson, TN, where he was raised by his grandmother. While there, he was picked as one of three students to integrate a local elementary school; but the experience proved as formative as it was difficult, and the young artist composed his first book of poetry during that time, at the age of 13. Soon after, his grandmother passed away, and the young adolescent moved to New York to live with his mother. It was there, while living in the Chelsea district of Manhattan, that he first encountered the writings of Harlem Renaissance poets like Langston Hughes (a lifelong inspiration and influence). With the support of his high school English teachers, Scott-Heron enrolled in Lincoln University, which he attended for two years while working on a novel (The Vulture, though not a best seller, was highly praised by both the African-American community and the mainstream media), and a book of poetry (Small Talk at 125th and Lenox). Within five years, Scott-Heron had developed into a compelling poet, novelist, recording artist and performer – having released five innovative albums showcasing his gritty, urban-landscaped poetry over the sound of cool and funk layered jazz. His powerful recording of “The Revolution Will Not Be Televised” is arguably the first important recording of the genre, and has become a classic in the repertoire. Indeed, the modern hip-hop industry can look to Gil Scott-Heron as the first real pioneer of the art form as we know it.

This recording features Gil Scott Heron and musical partner Brian Jackson (whom he met while attending Lincoln University in Pennsylvania), and the exceptional group of musicians they fronted, the Midnight Band. Recorded on Scott-Heron’s and Jackson's home turf of New York City, this recording is as powerful as the double live album the two issued the previous year (entitled It's Your World), and offers a compelling document in the history of spoken word performance.

Remarkably, Scott-Heron never planned to be a musical artist; originally, his aspiration was to become the most important poet and urban writer since Harlem renaissance icon Langston Hughes. But thanks in large part to the favorable reception of the book of poetry, Small Talk at 125th and Lenox, Scott-Heron was introduced to legendary producer Bob Thiele, who had worked with every major jazz artist from Louis Armstrong to John Coltrane. Thiele encouraged Scott-Heron to perform his poetry, and for his debut release, Small Talk at 125th and Lenox, recorded the young bard reciting over a backing ensemble of percussionists. Thiele produced two more critically acclaimed albums for his Flying Dutchman Records: 1971’s Pieces of a Man and ‘72’s Free Will, in addition to the aforementioned . He and Jackson produced Winter in America, in ’73, which yielded the hit “The Bottle” (performed here). In 1975, Scott-Heron became the first artist signed to Clive Davis’ newly launched Arista label, where he and Jackson produced six albums together, until artistic differences led them to go their separate ways in 1980 (the same year, incidentally, that Scott-Heron was booked as the opener for Stevie Wonder’s Hotter Than July tour).

This recording, made at the legendary Bottom Line club, features a formidable retrospective of his best collaborative work with Jackson. A number of tracks from his aforementioned recordings are featured here, as are selections from his then unreleased Bridges album (1977). Gil Scott-Heron retired from recording around 1985, when he parted ways with Arista (although he has since issued one release on TVT Records, 1994’s Spirits). Brian Jackson lives in New York and continues to perform, collaborating with various spoken word artists, producers and musicians from all over the globe.

Though the two artists have since parted ways, the music they produced was more expressively innovative and culturally challenging than anything else being performed in 1977 - thankfully, this show remains as testament to the fact. Only in a historic live setting like this one can we perceive these distinctive artists for what they truly were: critical links in a long and vibrant tradition of spoken word performers - true bards, bearing forth the cultural muse’s flame from the first urban poets up through our own. For all its contemporary socio-political and artistic implications, their legacy still burns brightly; and with hip-hop flourishing as it is today, it likely always will.

John From Cincinnati - opening

John From Cincinnati - clip, Best New Show in ages

The producers discuss John From Cincinnati

What John Edwards Is About - Re-uniting America

Building One America: National Poverty Action Week


Monday, July 16th - Sunday, July 22nd

From Monday, July 16th - Wednesday, July 18th, John Edwards will be traveling the "Road to One America" to places that too often go unnoticed to bring attention to the new faces of poverty - and challenge America to act.

John has asked all of his supporters to join the effort by participating in a National Poverty Action Week from Monday, July 16th - Sunday, July 22nd. He's asked us all to take action in our own communities to help end poverty.

Click here to create an anti-poverty action for One Corps members in your local area. http://blog.johnedwards.com/submitevent

Here are some ways you can take action

Volunteer at a local food bank. To find one in your area try searching through America's Second Harvest here (we recommend calling the food bank to set up your volunteer activity). If there isn't a Second Harvest food bank near you, just try googling the name of your city and "food bank".

Volunteer at a soup kitchen or homeless shelter. To find one in your area try googling the name of your city and "soup kitchen" or "homeless shelter".

Organize a food, clothing, or goods drive. We recommend setting out boxes in your work place, community center, school, or congregation as appropriate along with a list of items you'd like people to give and where you'll be delivering the donations. Make sure to also ask your friends and family to give food, clothing, or goods as well.

Work with Habitat for Humanity on a local building project. Click here to find your local Habitat for Humanity Affiliate and then post your event on the One Corps site so others can join you.

Work with a local group in your community (such as a local community group, church, synagogue, or mosque) that is already organizing anti-poverty efforts.

Develop your own action. For some ideas on other types of anti-poverty volunteer opportunities, check out a resource page such as this one or come up with your own idea.

A Backlash Against Billionaires

Note from Greetings: Sounds like it's time for another FDR. Look up Edwards' stand on "One America", and the ever increasing separation of the ultra-rich from, well... the rest of the U.S.

By David Ignatius Washington Post - Thursday, July 19, 2007; Page A19

For mysterious reasons, people can suddenly become indignant about government policies they have accepted for years as a matter of course. Such a seismic shift seems to be happening in public attitudes toward taxation of America's super-rich financiers.

The three leading Democratic candidates -- Hillary Clinton, Barack Obama and John Edwards-- all announced recently that they support higher taxes on what's known as "carried interest," a form of compensation received by financial moguls that has created some of the biggest new fortunes on Wall Street.

We may be seeing a political bubble bursting: For decades, the capitalists who ran private equity, venture and hedge funds managed to convince Congress that the 20 percent carried-interest profit share they took on deals wasn't ordinary income (taxed at up to 35 percent) but a capital gain (taxed at 15 percent), even though they typically were risking almost none of their own capital. This gross inequity was taken as a financial fact of nature. But no more.

Even the wealthy -- at least those with social consciences -- seem to share the new concern about restoring fairness to the tax system. The most prominent critic is mega-billionaire Warren Buffett, chief executive of Berkshire Hathaway and a director of The Washington Post Co. He famously admonished his fellow moguls a month ago that they were paying a lower tax rate than the people who cleaned their offices -- and offered them $1 million if they could prove otherwise.

Buffett is hardly alone in his discomfort with a system that has led to an ever-wider disparity in the distribution of income. That's what gives this movement traction: Some of the people who know Wall Street best understand how unfair the tax system is. A good example is Robert Rubin, a former Treasury secretary and, more to the point, a former head of Goldman Sachs. He recently joined those arguing that carried interest amounts to a fee paid to money managers and should thus be taxed as ordinary income.

A billionaire who runs one of the leading hedge funds wrote me in an e-mail last week: "Amusing what is going on in the tax charades of the money managers. How in the world anyone can uphold those [making] egregious amounts of money paying low or no taxes is really becoming laughable. . . . The private equity guys I know admit they do not have an argument that holds water." This financier described watching a production of "Animal Farm" and realizing that "the vastness of the inequity that is escalating geometrically is just, well, Orwellian."

Another financier who heads a private equity fund with more than $5 billion in investments offers a similarly scorching indictment of the system. The argument that the 20 percent he automatically takes away from profitable deals should be taxed as a capital gain is "completely ridiculous," he says. Most firms put only a tiny amount of their own capital at risk -- often as little as two-tenths of 1 percent, or $2 million on a $1 billion deal. (Private equity refers to funds that use a mix of debt and private capital to buy up companies; typically they pay back the loans by cutting costs.)

The giant private equity funds are nervous enough about the pressure building for tax changes that a few months ago they created their own Washington trade group, the Private Equity Council, which is already producing studies to justify the existing tax breaks. Its Web site explains that although fund managers may be putting up little of their capital, they deserve special tax breaks because they are contributing "sweat equity." Try telling that to the guy on the shop floor who's actually sweating -- and paying taxes at a far higher rate.

A measure of just how rich the new financiers are is a list compiled annually by Alpha magazine of the top 25 hedge fund managers. Average earnings for these financial titans last year were $570 million, an increase of 57 percent from 2005. "In total, the top 25 earners raked in more than $14 billion, equivalent to the GDP of Jordan or Uruguay," writes Alpha. You read sentences like that and you wonder why there isn't a revolution against a global financial system that produces such disparities.

Is Alpha's readership of tycoons embarrassed by these numbers? Apparently not. A June editorial urged greater political activism by the super-rich in Washington to save their tax breaks. "The time is now," the article warned. If current trends continue, "we may wake up one day to find fundamental changes affecting our business." What a happy thought.

The writer is co-host of PostGlobal, an online discussion of international issues. His e-mail address is davidignatius@washpost.com.

Scooter's Commuter: The Madness of King George

In today's column by Dan Froomkin in the Washington Post, his headline is "What Was Bush Thinking?" It's quite clear what Bush was thinking. In fact, the planning was brilliant by any standard.

Bush, Cheney, and their legal staff put more thought into this commutation than they've put into anything in their administration's history - including planning for Hurricane Katrina, going to war in Iraq, ENDING the war in Iraq, protecting us with pre-9/11 intelligence reports, global warming, the economy and protection of jobs in the U.S., and the dismissal of the U.S. Attorneys.

If Bush PARDONS Libby, then questions can and will be asked. By stepping in and commuting the sentence, above all protests, and despite massive disapproval, they can still play the "it's under appeal" card. In other words, they've pardoned him without pardoning him before the election. They won't be asked questions, because they can say, "It's under appeal", as they have all along, and this Congress and the Washington Press Corps(e) will capitulate. It's a convenient excuse for the latter to not have to ask questions.

So the questions stop here. Scooter goes free. And neither Scooter's Commuter (King George), nor Prince Dick have to be asked any questions.

They obviously don't care about the fallout. It must be better than what Libby might divulge if made to serve his sentence.

Scooter will obviously be pardoned in the end. Now if they could only put this much thought into what to do about Iraq, New Orleans, and global warming. In fact, I'd accept this much planning on ONE of those.