Why Keisler

by emptywheel

Wildarseguess here. But I have a hypothesis for why Bush pulled his Clement-Keisler headfake this morning.

Recall that, just last week, BushCo made an unusual intervention into the FCC's deliberations over Net Neutrality.

Well, a lot of people have noted that Keisler's most notable achievement at DOJ was his role in spiking the tobacco settlement. Now, combine what that says about Keisler's personality: that he's willing to abuse the legal process to help out big corporate donors, with this case that he argued for AT&T back when he worked for Sidley & Austin, where Keisler worked in Telecom law.

The Second Circuit recently held in AT&T v. Conboy that transfers of personal information collected by a company do not necessarily cause injury or give rise to cognizable damages. Peter Keisler of Sidley & Austin argued the case on behalf of AT&T. The decision was announced on February 26, 2001.

AT&T prevailed over plaintiffs who claimed AT&T had improperly distributed their customer proprietary network information (�CPNI�) to AT&T�s former credit card branch, Universal Card Service (�UCS�), in order to assist in credit-card debt collection. The Conboys accused AT&T of obtaining the information through its role as their long-distance service provider. The information allegedly disclosed consisted of their names, unlisted telephone number, billing address, and details of their long-distance calls.

Gosh. I wonder if DOJ is going to be dealing with anything similar in the near future? You think maybe Bush was trying to get a good friend of Telecom in the AG seat as he attempts to ram through further amendments to FISA, most notably immunity for the Telecoms for ... providing customer pen data to people who shouldn't have had it?

Comments

[bmaz]

I had a weird though as I was looking over at CHS post at FDL. Not saying I buy this, just a random thought:

Maybe Mukasey is yet another diversion and they have a plan to have the far right wing senators torpedo him; and all the time Keisler is there doing their bidding. Including on what you mentioned here EW; and much more. Sometime AFTER Keisler’s appropriate stay as “Acting” is up (200 days? can’t remember exactly at this moment); they slide Clement back in and all of a sudden it is January 2009. Not saying I belive this; just a random thought to consider. Frankly, I think they have gamed how to work around Mukasey’s higher ethical standards; so he really is ok by them, but who knows.

[scribe]

I think the Keisler headfake is more to put someone so partisan, odious and un-confirmable into the AG job (and continue stonewalling investigations) that Mulkasey will look "good" by comparison.

In other words, to ease the confirmation of Mukasey. About whom, Kristol says: we get the same decisions and positions Olson would have taken, without the partisan baggage Olson brought along.

[TeddySanFran]

Spectre sez we really need to confirm the new AG without preconditions.

Therefore, I am onboard for long confirmation hearings with written guarantees.

[bmaz]

Hey Teddy, the ONLY way anybody gets confirmed should be with preconditions of production of documents and clear unequivocal statements on positions and how he will lead the DOJ. And that is exactly why I think Keisler was put in as ActingAG; BushCo thinks this may play out for a while.

[Mickey]

I cannot think of a single reason that it is remotely vital that this position be filled quickly. For six plus years while we’ve had an Attorney General, the Justice Department has been unrecognizable as a Justice Department. Ashcroft was bad enough, but Gonzales was worse than a vacuum. Congress needs to take its time, as much time as it needs. The only thing that might call for urgency is Bush’s need to have David Addington’s ridiculous formulations rubber-stamped again. No thanks. We’re in no hurry.

No DOJ at all is way better than what we had…

[William Ockham]

I've been too busy at the day job to really keep up on this, but this looks more like a case of Cheney revenge against Clement to me. Bush couldn't even get Keisler's first name right at the announcement. That might indicate it was a last-minute addition to the script. Last-minute changes in this Administration always seem to track back to R.B. Cheney.

[drational]

If Kiesler is truly evil (and I tend to agree here), and being installed to finish out the Bush Term to enforce TelCo immunity (and I think it is more than this), then isn't enough enough? Are there any principled careerists left at the DOJ? Will we see more resignations?

And what about Clement in this?
Was he complicit in the switcheroo?
Was showing signs of disloyalty?
There must be a big upheaval at the DOJ, over the change from Clement to Kiesler?

[casual observer]

OK, I admit it. I'm totally confused. I have no clue as to what is being done.

I'll just sit over here in the corner for awhile.

[Sparkles the Iguana]

There is absolutely no rush to get a new AG confirmed. Addington can handle everything.

[bmaz]

drational - No big upheaval. Today was Clement's first day on the job. AGAG just left Friday.

Casual Observer - We are all baffled and grasping for a thread of logic here. No reason to watch the stupidity of idiots like me from the corner; jump in and dilute it. Please.

[Dismayed]

OT but -- Here we go again.

DETROIT -- A U.S. Justice Department official has been arrested on suspicion of traveling to Detroit over the weekend to have sex with a minor.

John David R. Atchison, 53, an assistant U.S. attorney from the northern district of Florida, was arraigned in U.S. District Court in Detroit Monday afternoon.

A link to the story at Raw Story.

Another one of Bush's boys?

[Sparkles the Iguana]

OMG, not just a minor - a 5 YEAR OLD !!!

[earlofhuntingdon]

Let's please not let the diversions allow Keisler's nomination to the DC Circuit slip through to a floor vote.

Keisler is a co-founder of the Federalist Society, former law clerk to Judge Bork, and among the most right wingnuts in Bush's DOJ. I don't care if he was first in his class at Harvard. He is so far right he would make emeritus Judge Silberman look centrist. Keep him off the bench.

[emptywheel]

Dismayed

Probably not--he was a career prosecutor, plus he's got no recorded campaign donations. So we have no reason to believe he's a GOP sleaze--may well be a Dem or non partisan sleaze.

[earlofhuntingdon]

Bush does not want the DOJ put back onto a credible footing. He and his henchmen are too likely to be in the line of fire of future investigations and prosecutions. The Dems would be fools to do any deals on Mukasey in hopes that George would somehow act fairly for a little while. Ain't gonna happen.

[albert fall]

The Federalist Society is a subversive organization.

It actively is subverting the rule of law and American principles.

Keisler should be sent back to the private sector where he belongs.

If he hates government, let's do him a favor and get him out of government.

[darclay]

they slide Clement back in and all of a sudden it is January 2009. Not saying I belive this; just a random thought to consider. Frankly, I think they have gamed how to work around Mukasey’s higher ethical standards; so he really is ok by them, but who knows.

Sounds reasonable, just like something like Bush would come up with..Turdblossom! If i did not know better i'ed think this was Bush typing nome de plume.

[darclay]

they slide Clement back in and all of a sudden it is January 2009. Not saying I belive this; just a random thought to consider. Frankly, I think they have gamed how to work around Mukasey’s higher ethical standards; so he really is ok by them, but who knows.

Sounds reasonable, just like something like Bush would come up with..Turdblossom! If i did not know better i'ed think this was Bush typing nome de plume.

[darclay]

sorry for the double post, some kind of TypePad problem.

[Dismayed]

EW - I couldn't find much on him either. Doesn't much matter, A sleeze is a sleeze no matter the stripe. I did note a comment on a right wing blog that said, "he must be a dem, or the headline would have been 'republican appointtee caught soliciting child sex'.

Recent history's made them a bit touchy, eh.

[OrionATL]

maybe the picture is getting a little less fuzzy thanks to e'wheel's post over the last week or so:

- gillespie is now in the white house, having previously represented telecom companies as a lobbyist

--keisler is in doj, having previously been a lawyer representing a telecom company

- mukasey is in nomination limbo, a pinata for democrats to play with

sounds like we are in for at least several more months of very close co-operation between the white house political team and the doj.

plus ca change ...

[Neil]

There is absolutely no rush to get a new AG confirmed. Addington can handle everything.
Posted by: Sparkles the Iguana | September 17, 2007 at 15:42

Agreed. Get the stonewall in place. Throw a second headfake:

"It's vital that the position of Attorney-General be filled quickly, I urge the Senate to confirm Judge Mukasey promptly."

[emptywheel]

Orion

Yup, working on that post right now.

And you know who represents AT&T now at Sidley & Austin? Brad Berenson, former Associate White House Counsel.

[OrionATL]

jeeesus

these guys never quit.

and they never play straight.

[Ann in AZ]

As I see it, there are at least three things you have to really sit on with Keisler: 1) You need to keep him so busy with questions regarding what's already gone down with hearings into his prior dealings, that he won't have time to wipe out any remaining evidence of this administration's wrongdoing. They should make sure that they strongly let it be known that any hanky-panky would be viewed as an attempt to Obstruct Justice. They could start with questions like why 1/4 of his staff balked at handling or taking any part in the government's litigation against the Quantanamo detainees. It seems they felt what was being done was not entirely legal. That's one thing Congress might want to investigate. 2) You need to watch like a hawk, being vigilalant in regard to possible future damages he might do in his position. Need to keep a particular eye for what's going on with the election fraud front. Also need to make sure that he's not messing with any election information either pro-Repug or anti-Dem. 3) You need to make sure that the sucker is not doing any further current fooling around with the personnel. Any more disastrous hiring or firing could put the department over the edge. I'm not really sure it isn't already.

[Dismayed]

Anytime Bush says do something in a hurry - bet your ass, you shouldn't. Anyone else think that without a confirmed boss in place underlings at DOJ may be more likely to quietly cooperate with investigations?

[scribe]

And you know who represents AT&T now at
Sidley & Austin? Brad Berenson, former
Associate White House Counsel.

Isn't he the same Brad Berenson who also represented, um, Kyle Sampson?

[bluebird]

I think Brad Bereson also represented Susan Ralston. Hmmm.

[emptywheel]

bluebird

Her, and Kyle Sampson too.

[Mary]

and there was spec up at the CREW blog that Sidley is the "outside contractor" who was processing the WH emails.

[radiofreewill]

If I'm Bush, I put an 800lb Gorilla in the Acting-AG spot - Keisler - and his job includes:

- keeping anyone in DoJ from getting 'uppity' and making trouble
- sitting on the subpoenas, documents and investigations
- keeping DoJ as nearly crippled as possible

Then, I send up the most reasonable candidate - Mukasey - and I eat popcorn while watching the confirmation hearings on the teevee. If Mukasey says all the 'right' things, then good. But if Mukasey starts crazytalking about the Rule of Law being supreme, then Bush can withdraw him and send up another guy he's kinda curious about where he stands on key issues.

What's it cost Bush if he goes through all five of the alleged candidates before he reluctantly, exaperatedly gets to Orrin the Grinch? He's got his Gorilla working for him at DoJ, covering his back.

And, in the meantime, Keisler gets to sit in the Top Banana's chair during the prep for the upcoming Telecom cases. Keisler's quid pro quo may be his exiting back to the Telecoms with the Gov's Gameplan in his briefcase.

And, to top it all off - if there is a national emergency, look who Bush gets to turn to put the teeth in the suspension of habeus, martial law, etc.

So, typical ruthless tactics from Team Bush - taking no chances on Clement, or anyone else, they put in 'Magilla' Keisler to keep the lid on DoJ, while they slow-walk, waltz even, with the help of the clever winking-and-nodding Goopers, the oblivious Dems towards 2009.

[radiofreewill]

Bush had taken Keisler off the game Board when Keisler resigned.

Leahy and the Dems should yell foul on Keisler's un-resigning. Bush, in essence, is 'returning' a retired piece into play.

It's really bad faith on Bush's part to use Keisler as a bought-and-payed-for mercenary to bar the door at DoJ, while playing Kabuki with the AG Confirmation hearings.

Bush is cheating the spirit of fair-play that he claims to be promoting in his 'reasonable' AG nominee.

Are the Dems too distracted and befuddled to 'see' this?