Gov. Jon Corzine

Republican Chris Christie’s lead over incumbent New Jersey Gov. Jon Corzine (D) has slipped to two percent in a recent poll, PolitickerNJ.com reported Monday. Previous polls had the former U.S. Attorney in New Jersey leading Corzine by as much as 12 percent. However, recent controversies involving Christie might be hurting his polling numbers, RealClearPolitics reported.

In the past few weeks, Christie has come under fire for omitting a $46,000 loan to his former subordinate Michele Brown on his tax and disclosure forms. Brown resigned as the acting First Assistant U.S. Attorney for New Jersey on Tuesday.

Chris Christie

The poll by Neighborhood Research — run by conservative strategist Rick Shaften, who was a consultant to Christie’s GOP primary opponent — found that Christie leads among likely voters, 37 to 35 percent. The poll of 319 New Jersey residents was conducted August 12-21. The party breakdown of the respondents was 43 percent Democrat, 34 percent Republican and 23 percent unaffiliated. The poll had a margin of error of plus or minus 5.49 percent.

Edward Kennedy (Gov)

Attorney General Eric Holder issued a statement this morning following the death of Sen. Edward Kennedy (D-Mass.) last night. Kennedy had been fighting brain cancer for more than a year. He was 77-years-old.

STATEMENT OF ATTORNEY GENERAL ERIC HOLDER ON SENATOR EDWARD M. KENNEDY

“Senator Edward Kennedy was one of the most extraordinary, influential and kind people who ever served our country.  His steadfast advocacy for civil rights, rule of law and fairness in the criminal justice system has always been an inspiration to me, as I know it remains today for countless employees of the Department of Justice.  His loss is an immeasurable one and on this sad day my thoughts and prayers are with his family.

“Every day I look at the portrait of his brother Robert that hangs in my office and I am reminded that the Kennedy family has shown to America, through its actions, the importance of fighting for what is right even in the face of difficult odds.  I would not be in the office I now hold were it not for their contributions and commitment to our nation.  Senator Kennedy’s accomplished life came to a close last night but in the struggle to provide justice and equality for all Americans we will work every day to ensure that his cause endures and that his dreams for a better America never die.�

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Dick Cheney

The recent decision by Attorney General Eric Holder to appoint a special prosecutor to investigate possible violations by the CIA of anti-torture laws adds to the growing body of evidence that President Obama’s Department of Justice might not be responsible enough to care for the nation’s security, Dick Cheney said in a statement released to The Weekly Standard on Monday. The former vice president also termed the probe a “political” investigation.

In the statement, Cheney said:

The documents released Monday clearly demonstrate that the individuals subjected to Enhanced Interrogation Techniques provided the bulk of intelligence we gained about al Qaeda. This intelligence saved lives and prevented terrorist attacks. These detainees also, according to the documents, played a role in nearly every capture of al Qaeda members and associates since 2002. The activities of the CIA in carrying out the policies of the Bush Administration were directly responsible for defeating all efforts by al Qaeda to launch further mass casualty attacks against the United States. The people involved deserve our gratitude. They do not deserve to be the targets of political investigations or prosecutions. President Obama’s decision to allow the Justice Department to investigate and possibly prosecute CIA personnel, and his decision to remove authority for interrogation from the CIA to the White House, serves as a reminder, if any were needed, of why so many Americans have doubts about this Administration’s ability to be responsible for our nation’s security.

Earlier this year, Cheney directly attacked Obama on his ability to protect the U.S. from terrorist attacks, The Boston Globe reported.

DOJ did not immediately respond to a request for a comment.

The Washington Independent’s Spencer Ackerman has done some sleuthing. He believes he’s uncovered an interrogation technique recommended by the Central Intelligence Agency for use against terrorism suspects that previously hasn’t come to light: diapering.

The recently released 2004 CIA inspector general report on the “enhanced interrogations” said the Agency had recommended 11 unusual techniques. What were they? Only ten received approval from the Bush admininstration’s Office of Legal Counsel, according to a 2002 memo by Jay Bybee and John Yoo that the Obama administration declassified in April. What was the 11th technique?

Ackerman examined Appendix E of the CIA IG report, which was a 2003 memo written by then-CIA Director George Tenet describing 11 techniques proposed by the Agency. In addition to the methods already revealed (“waterboarding, sticking insects in the suspects’ faces, “facial holds,” etc.), was an 11th technique: “the use of diapers for prolonged periods.”

The Agency apparently chucked the Pampers strategy after learning it would hit legal hurdles, Ackerman concludes, based on his close reading of the OLC memo and the CIA IG report.

Chris Christie

Michele A. Brown — the acting First Assistant U.S. Attorney for New Jersey and recipient of an unreported $46,000 loan from her former boss, Chris Christie — resigned Tuesday, NJ.com reported today. In her resignation letter, which took effect immediately, Brown wrote it has been an “honor and privilege” to serve, but she does not want to be “a distraction” for the office.

Christie, the Republican candidate for governor who has campaigned on a platform of ethics reform, has been under fire since the loan was revealed last week. He made the loan when he was the state’s U.S. Attorney, but he failed to report it on his income tax returns and his state and federal financial disclosure forms. Last week, Democratic state lawmakers called for Brown to be removed from any involvement in fulfilling a Freedom of Information Act request about Christie’s tenure as U.S. Attorney. The FOIA request was filed by Gov. Jon Corzine’s (D) campaign, whose supporters have questioned whether Christie allies in the office have secrectly worked to help his campaign.

In her letter, Brown wrote: “I am extraordinarily proud of all the work we have done and all the good we have accomplished on behalf of the people of this state,” adding, “I also know how important it is that we continue to pursue our mission, and I do not want to become a distraction from the critically important work we do.”

Christie issued the following statement:

“Michele Brown is a career prosecutor who has worked at the U.S. Attorney’s office for 18 years, serving both Democratic and Republican presidents. Michele’s long and distinguished record of public service is impressive, and during that time she’s shown herself to be a fair and respected federal prosecutor by judges, adversaries and her peers. Her efforts have been instrumental to all the success the U.S. Attorney’s office has had and her work ethic, determination and outstanding legal background will be missed by all those she has worked with over the years. I know Michele will continue to be a success at whatever she chooses for her next challenge.”

The letter was address to acting U.S. Attorney Ralph Marra, who has been facing his own ethics issues in the recent weeks.

The Republicans aren’t too happy about Attorney General Eric Holder’s decision to appoint a special prosecutor to investigate whether CIA officers and contractors broke anti-torture laws during the interrogations of suspected terrorists.

Rep. Peter King (R-N.Y.) flying from Baghdad to Amman, Jordan with security personnel. (Gov)

New York Rep. Peter King, the ranking Republican on the Homeland Security Committee and a member of the House Intelligence Committee, used a few choice words in an interview with Politico today to express his disgust with the upcoming investigation.

“It’s bullshit. It’s disgraceful. You wonder which side they’re on,” King told Politco adding that the probe was a “declaration of war against the CIA, and against common sense.”

But he was only getting started.

“It’s a total breach of faith, and either the president is intentionally caving to the left wing of his party or he’s lost control of his administration,” King told Politico.

He then had a warning for the Obama administration.

“You will have thousands of lives that will be lost, and the blood will be on Eric Holder’s hands,” he told Politico.

Other Republicans were more reserved in their remarks about Holder’s move. Senate Minority Leader Mitch McConnell said in a statement Monday that Holder made “a poor and misguided decision.”

Democratic leaders in Congress applauded the appointment of a special prosecutor, but they said more can still be done. Connecticut Assistant U.S. Attorney John H. Durham will be limited to determining whether there is enough evidence to warrant a full investigation into CIA officials who may have violated the law in their handling of suspected terrorists.

“As I have said for many months, it is vital that this special counsel be given a broad mandate to investigate these abuses, to follow the evidence where it leads, and to prosecute where warranted,” said Rep. Jerrold Nadler (D-N.Y.), chair of the House Judiciary constitution, civil rights and civil liberties subcommittee, in a statement Monday. “This must be a robust mission to gather any and all evidence without predetermination of where it may lead. Seeking out only the low-level actors in a conspiracy to torture detainees will bring neither justice nor restored standing to our nation.â€�

A couple months back, we were whining about the lack of published opinions from the Justice Department’s Office of Legal Counsel. By the end of May, the Justice Department had released 13 previously secret Bush-era legal memos but just one penned during the Obama administration.

Well, the office threw us all a few bones yesterday, posting 12 opinions — including six issued since Barack Obama took office.

Here they are:

• ELIGIBILITY OF A RETIRED MILITARY OFFICER FOR APPOINTMENT AS ADMINISTRATOR OF THE NATIONAL AERONAUTICS AND SPACE ADMINISRATION (Issued July 8, 2009)
• CONSTITUTIONALITY OF THE MATTHEW SHEPARD HATE CRIMES PREVENTION ACT (Issued June 16, 2009)
• WITHDRAWAL OF OFFICE OF LEGAL COUNSEL OPINION (Issued June 11, 2009)

• CONSTITUTIONALITY OF SECTION 7054 OF THE FISCAL YEAR 2009 FOREIGN APPROPRIATIONS ACT (Issued June 1, 2009)
• CONSTITUTIONALITY OF THE RONALD REAGAN CENTENNIAL COMMISSION ACT OF 2009 (Issued April 21, 2009)
• WITHDRAWAL OF OFFICE OF LEGAL COUNSEL CIA INTERROGATION OPINIONS (Issued April 15, 2009)
• APPLICABILITY OF 18 U.S.C. § 207(f) TO PUBLIC RELATIONS ACTIVITIES UNDERTAKEN FOR A FOREIGN CORPORATION CONTROLLED BY A FOREIGN GOVERNMENT (Issued Aug. 13, 2008)
• WHETHER THE OFFICE OF ADMINISTRATION IS AN “AGENCYâ€� FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT (Issued Aug. 21, 2007)
• DEPLOYMENT OF UNITED STATES ARMED FORCES TO HAITI
  (Issued March 17, 2004)
• ASSERTION OF CONSTITUTIONALLY BASED PRIVILEGE OVER REAGAN ADMINISTRATION RECORDS
  (Issued Jan. 12, 2004 )
• APPLICABILITY OF POST-EMPLOYMENT RESTRICTIONS IN 18 U.S.C. § 207 TO A FORMER GOVERNMENT OFFICIAL REPRESENTING A FORMER PRESIDENT OR VICE PRESIDENT IN CONNECTION WITH THE PRESIDENTIAL RECORDS ACT (Issued June 20, 2001)
• RELATIONSHIP BETWEEN ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996 AND STATUTORY REQUIREMENT FOR CONFIDENTIALITY OF CENSUS INFORMATION (Issued May 18, 1999)

Enjoy.

Former Attorney General Alberto Gonzales brushed aside the criticism he has received since getting his job at Texas Tech University in an interview with Texas Lawyer published today. See the video of the interview here.

Alberto Gonzales (Getty Images)

Texas Tech hired Gonzales last month to teach a political science course and help recruit minority students. Several professors at the university are protesting their new colleague’s one-year, $100,000 contract. They said Gonzales shouldn’t have been hired because of scandals like the 2006 U.S. Attorney purge, which occurred when he was Attorney General from 2005 to 2007.

“I think at the end of the year … they’re going to see that my presence here has been a net plus to the university and a net benefit to the students,” Gonzales told Texas Lawyer.

He added, “I was told that [former Texas Tech basketball coach Bobby Knight] was protested as well. My reaction to that is I’m in damn good company if they’re protesting Bobby Knight and me.”

The former Attorney General also defended the firing of the nine U.S. Attorneys in 2006. He said presidents routinely ask U.S. Attorneys to resign.

“Of course, President Clinton fired them all, all 93 when he became president,” Gonzales told Texas Lawyer. “People say, “Well, that was different.” Well, why was that different? Let me just say that some people say it was wrong to fire them because it might interrupt ongoing important cases. Well, if you fire all 93 U.S. Attorneys at the same time, why isn’t there the same concern that you’re going to interrupt ongoing very important cases?”

Texas Lawyer later asked Gonzales if he is a Bush loyalist.

Gonzales: “When did that become a bad thing?�

Texas Lawyer: “It’s not a bad thing.â€�

Gonzales: “OK, so what’s your question?â€�

Gonzales added: “Look, someone like an Attorney General wears two hats. You’re a member of the president’s team; you’re on his Cabinet. You have an obligation to promote the president’s law enforcement policies and priorities.”

Well, if Gonzales wants to get away from those who don’t support his Bush loyalism, there’s always the local Target.

” … I’m out at Target at 9 o’clock getting all kinds of things for an apartment, and a number of people came up to me and introduced themselves and told me how pleased they were that I was coming and welcoming me to the Lubbock community,” he told Texas Lawyer. “It’s very friendly, and it’s very open, and, as I’ve said, it’s a very fair-minded community.”

The former Attorney General also did an interview with The New York Times earlier this month. Read our report on it here.

The national finance chairman for Hillary Clinton’s 2008 presidential campaign was arrested Tuesday in New York on charges he fradulently induced Citibank N.A. to lend him up to $74 million, the Justice Department announced today.

Hassan Nemazee, 59, was stopped at Newark International Airport Sunday night as he tried to board a flight to Rome, Reuters reported. On Monday the long-time Democratic donor repaid a $74 million bank loan, Reuters said. On Tuesday he was charged with one count of bank fraud. Nemazee was nominated during the Clinton administration as ambassador to Argentina. After Hillary Clinton’s defeat in last year’s Democratic presidential primary, the New York financier donated $50,000 to Democratic party arms supporting Barack Obama’s election. He also worked to raise money for Obama and to pay off Clinton’s multi-million-dollar campaign debt.

Nemazee’s lawyer is Marc Mukasey, a former prosecutor who is the son of ex-Attorney General Michael Mukasey.

Assistant U.S. Attorneys John M. Hillebrecht and Daniel W. Levy are prosecuting the case.

Read Nemazee’s Wikipedia profile here.

Here is the news release from the Southern District of New York:

.

United States Attorney Preet Bharara

Southern District of New York

________________________________________________________________________

FOR IMMEDIATE RELEASE                        CONTACT: YUSILL SCRIBNER

TUESDAY, AUGUST 25, 2009                                          REBEKAH CARMICHAEL

WWW.USDOJ.GOV/USAO/NYS JANICE OH

PHONE: (212) 637-2600

MANHATTAN U.S. ATTORNEY CHARGES CHAIRMAN AND CHIEF EXECUTIVE OFFICER

OF NEMAZEE CAPITAL WITH BANK FRAUD

Preet Bharara, the U.S. Attorney for the Southern District of New York, and Joseph M. Demarest, Jr., the Assistant Director-in-Charge of the New York Office of the FBI, announced the arrest this morning of Hassan Nemazee, the Chairman and Chief Executive Officer of Nemazee Capital Corporation, in connection with a scheme to defraud Citibank, N.A. (Citibank).

According to the complaint filed in Manhattan federal court, Nemazee engaged in a fraudulent scheme to induce Citibank to lend up to $74 million to Nemazee based on false representations that Nemazee owned millions of dollars in collateral.  Nemazee submitted, and caused to be submitted to Citibank numerous documents that purported to establish the existence of accounts in Nemazee’s name at various financial institutions containing many hundreds of millions of dollars.  In fact, those were fraudulent and forged documents.

Specifically, the various accounts referenced in the fraudulent documents that Nemazee submitted, and caused to be submitted to Citibank either never existed or had been closed years before he submitted the documents referencing those accounts.  Furthermore, on many of the documents at issue, Nemazee falsely provided as the address and telephone numbers of various financial institutions purportedly vouching for his financial strength an address and telephone number that was, in fact, controlled by Nemazee.  As a result, in the event anyone at Citibank made an effort to confirm the existence of the assets reflected on the fraudulent documents submitted by Nemazee, they would in fact be contacting a telephone number assigned to Nemazee himself, and not any financial institution.

On Aug. 23, 2009, federal agents interviewed Nemazee at Newark Liberty International Airport as he was in the process of checking in for a flight to Rome.  On Aug. 24, 2009, Nemazee repaid to Citibank his outstanding loan, an amount in excess of $74 million.

Nemazee, 59, currently resides in Manhattan and Katonah, N.Y.  He is charged with one count of bank fraud, which carries a maximum prison term of 30 years and a maximum fine of $1,000,000 or twice the gain or loss resulting from the crime.

Nemazee is expected to be presented later today in Manhattan federal court before U.S. Magistrate Judge Ronald L. Ellis.

Mr. Bharara praised the investigative work of the FBI.  Mr. Bharara said that the investigation is continuing.

Assistant U.S. Attorneys John M. Hillebrecht and Daniel W. Levy are in charge of the prosecution.

The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

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South Carolina Attorney General Henry McMaster

South Carolina Attorney General Henry McMaster, who served as the state’s U.S. Attorney from 1981 to 1985, on Monday announced he  is running for governor, The Columbia State reported today. While the announcement wasn’t official until now, McMaster, a Republican, for months has been raising money and making public appearances in preparation for his 2010 run.

In his video announcement, McMaster said that South Carolinians do not trust their government. He said, “There’s been too much dishonesty and too many scandals.” While he did not specifically direct these comments at Gov. Mark Sanford, they appeared to be in reference to him, The State reported. Earlier this summer, Sanford’s whereabouts were unknown to his staff and family, while he visited his Argentinean mistress. Subsequently, there have been inquirers into whether Sanford improperly used taxpayer money including to pay for personal trips.

Although McMaster is considered a front runner by some, as he already has been elected to a statewide office, he recently has been the subject of partisan criticism for not being more aggressive in investigating Stanford’s possible misuse of public funds. In addition,  McMaster has lost elections before, including a 1990 run for lieutenant governor and a 1986 race for U.S. Senate against then-Sen. Fritz Hollings (D).

The State reports that McMaster’s main Republican challengers includes U.S. Rep. Gresham Barrett, Lt. Gov. Andre Bauer and state Rep. Nikki Haley.

McMaster’s candidacy announcement: