Breaking the Law for McCain

[ProSense]

Breaking the Law for McCain

11.01.08 -- 10:08AM By Josh Marshall

You may have noticed that the AP is reporting that Barack Obama's aunt (who he does not seem to have a relationship with) was denied asylum in the US four years ago and is now living illegally in Boston. Convenient timing, ain't it?

The real story, though, is down in the third paragraph of the AP story ...

Information about the deportation case was disclosed and confirmed by two separate sources, one of them a federal law enforcement official. The information they made available is known to officials in the federal government, but the AP could not establish whether anyone at a political level in the Bush administration or in the McCain campaign had been involved in its release.

That's about as transparent a red flag as an outfit like the AP is usually willing to give. And there you have it. Quite likely working in concert with the McCain campaign, a Bush administration official is leaking details on an immigration case to try to help McCain three days before the election. It's shades of Bush I's riffling through Bill Clinton's passport files just before the 1992 election in a desperate last minute gambit as they were swirling down the drain.

Late Update: Note too that the story first got leaked to the Times of London, a Murdoch paper with a history of taking planted stories from Republicans for siphoning back into the US media.

Another Republican fraud to investigate. This is despicable.

[ProSense]

1. The Repubs obviously were

counting on innuendo to drive this story. The fact is that the leak is more criminal than Zeituni Onyango's circumstances. She had a case on file and law enforcement obviously knew her whereabouts.



edited typo

[ProSense]

2. Confidentiality.

Nevertheless, I'm hard pressed to imagine why voters might care. People often vote for very irrational reasons, but I wonder how many Americans are out there this morning thinking, "I was going to vote for a healthier economy and a sensible foreign policy, but Obama has a half-aunt that apparently was denied asylum and didn't leave. Now, I want more of the same for four more years."

link

That aside, the official who leaked this information should be tracked down and fired.

Title 8: Aliens and Nationality
PART 1208—PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL
Subpart A—Asylum and Withholding of Removal

§ 1208.6 Disclosure to third parties.
(a) Information contained in or pertaining to any asylum application, records pertaining to any credible fear determination conducted pursuant to §1208.30, and records pertaining to any reasonable fear determination conducted pursuant to §1208.31, shall not be disclosed without the written consent of the applicant, except as permitted by this section or at the discretion of the Attorney General.

(b) The confidentiality of other records kept by the Service and the Executive Office for Immigration Review that indicate that a specific alien has applied for asylum, received a credible fear or reasonable fear interview, or received a credible fear or reasonable fear review shall also be protected from disclosure. The Service will coordinate with the Department of State to ensure that the confidentiality of those records is maintained if they are transmitted to Department of State offices in other countries.

(c) This section shall not apply to any disclosure to:

(1) Any United States Government official or contractor having a need to examine information in connection with:

(i) The adjudication of asylum applications;

(ii) The consideration of a request for a credible fear or reasonable fear interview, or a credible fear or reasonable fear review;

(iii) The defense of any legal action arising from the adjudication of, or failure to adjudicate, the asylum application, or from a credible fear determination or reasonable fear determination under §1208.30 or §1208.31;

(iv) The defense of any legal action of which the asylum application, credible fear determination, or reasonable fear determination is a part; or

(v) Any United States Government investigation concerning any criminal or civil matter; or

(2) Any Federal, State, or local court in the United States considering any legal action:

(i) Arising from the adjudication of, or failure to adjudicate, the asylum application, or from a credible fear or reasonable fear determination under §1208.30 or §1208.31; or

(ii) Arising from the proceedings of which the asylum application, credible fear determination, or reasonable fear determination is a part.

<65 FR 76133, Dec. 6, 2000>

link

[GoesTo11]

4. The info was autmatically declassified the moment Cheney told them to leak it.

Isn't that the way it works with these things?

[formercia]

3. Murdoch acts as a cutout.

to fuzzy the source. Makes it harder to trace.

[mopinko]

5. these people just do not understand the internets.

they just don't seem to understand that their jig is up.

[cal04]

6. Conyers Writes to Chertoff

http://www.talkingpointsmemo.com/archives/241737.php

Replay of 2004 and 2006 ...

Dear Mr. Chertoff:
I was startled to read in today's Associated Press that a "federal law enforcement official" has leaked information about an immigration case involving a relative of Senator Obama. Even more troubling, the AP reports that it could not "could not establish whether anyone at a political level in the Bush administration or in the McCain campaign had been involved," a very disturbing suggesting indeed. This leak is deplorable and I urge you to take immediate action to investigate and discipline those responsible.

I note that this is not the first leak of law enforcement information apparently designed to influence the coming Presidential election -- in recent weeks law enforcement sources leaked information about an alleged investigation of a community services organization, a leak that the Department of Justice informs me is now under investigation by the Department's Office of the Inspector General and Professional Responsibility.

Such leaks are deeply harmful to the political process, and the American people expect and deserve better from their government and its law enforcement agencies.

Sincerely,

John Conyers, Jr.

The Anatomy of a Smear
Here's how the right's big eleventh-hour smear on Obama was carried out.
http://tpmmuckraker.talkingpointsmemo.com/2008/11/the_anatomy_of_a_smear.php

[ProSense]

7. Excellent, thanks. n/t

[nichomachus]

10. Dear Mr. Conyers

So, the fuck what? We can do anything we want. Screw you.

Michael Chertoff

:sarcasm:

[Overseas]

8. K&R for more Republican law breaking to serve their party interests.

To elect Republicans it seems, The Ends Justify the Means.

Outing a CIA officer is usually treason but not if you're a Republican. Then it's more about getting W. re-elected so The Ends Justify the Means.

Need one more cheap piece of slander against Obama for the McHate campaign? Dig through more government private files and disclose that publicly. It violates the law but if it is in support of getting one or two more points for John Sidney McCain III, then The Ends Justify the Means.

COUNTRY CLUB FIRST.

[Overseas]

9. Kick it again. For spotlight on the real news in this story. //nt

[mcg]

11. I wonder if the denial of asylum was politically motivated, and

I don't blame her for not complying with the deportation order. She's looking out for her own safety.

[ProSense]

12. ICE investigating leak

ICE investigating leak

An update from Kelly Nantel, the press secretary for U.S. Immigration and Customs Enforcement, on the leak of Obama's half-aunt's immigration status:

Early this morning, the matter was refered to Inspector General and ICE's Office of Professional Responsibility for action. They are looking into whether there was a violation of policy in publicly disclosing individual case information.