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Ear to the Ground

Plame’s Lawsuit Dismissed by Federal Judge

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Posted on Jul 19, 2007
plame

Valerie Plame’s lawsuit against Vice President Dick Cheney, Karl Rove, “Scooter” Libby and Richard Armitage for allegedly conspiring to leak her identity as a CIA operative was dismissed on “jurisdictional grounds” without comment by U.S. District Judge John D. Bates on Thursday.

AP/Yahoo:
A federal judge on Thursday dismissed former CIA operative Valerie Plame’s lawsuit against members of the Bush administration in the CIA leak scandal.

Plame, the wife of former Ambassador Joseph Wilson, had accused Vice President Dick Cheney and others of conspiring to leak her identity in 2003. Plame said that violated her privacy rights and was illegal retribution for her husband’s criticism of the administration.

U.S. District Judge John D. Bates dismissed the case on jurisdictional grounds and said he would not express an opinion on the constitutional arguments. Bates dismissed the case against all defendants: Cheney, White House political adviser Karl Rove, former White House aide I. Lewis “Scooter” Libby and former Deputy Secretary of State Richard Armitage.

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By Marshall, July 25, 2007 at 8:12 pm Link to this comment

#89347 by Skruff on 7/25 at 5:30 am

Skruff - I basically agree with you.  The forums on this site are peopled mostly by a small group of vocal, intollerant individuals who aren’t up so much for discussion as for personal attacks, unbridled partisan bashing, and ill-informed and undocumented ranting.  I endure the ad hominem attacks simply because I enjoy researching topics and bringing factual data to the table - even if it is mostly ignored and ridiculed.  It’s something to do anyway.

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By Skruff, July 25, 2007 at 6:30 am Link to this comment
(Unregistered commenter)

This whole site is evolving into a slime pit. I was referred herte by someone I respect. She informed me I could have an intelectual discussion with others.  I envisioned a lively chat on the issues but what I am finding is left leaning folks can be as personally vindictive as the Bush administration.

Personal attacks, a majority of jack-booted folks stomping any opinion they find not to their liking. On this site (in many different threads)I have personally been called: 

“pinko” “facist” “Zionist” “lilly-livered liberal” and “Bush-ass-kisser.” 

Not my idea of an intelectual discussion. 

I am at present deciding if anything on this site has merit.

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By Marshall, July 25, 2007 at 12:54 am Link to this comment

#88808 by OK on 7/23 at 5:45 am

“Marshal…Bush and Chaney had no argument against Wilson’s findings, so they attacked his wife?”

Not according to any official finding I’ve seen.  Can you cite any?

As to arguments against Wilson’s findings, the Butler Report, the Iraq Intelligence Commission and the U.S. Senate Select Committee on Intelligence at various times concluded that Wilson’s claims were incorrect.  I’ll be happy to post links to these reports if you’d like, but I’m sure you can hunt them down.  Here’s a BBC link to a summary of the Butler report just FYI.  The Brits still standy by their claim that Saddam sought uranium from Niger (there’s actually some ambiguity in the distinction between “Africa” and “Niger”, which is at the root of some of this controversy).  :

http://news.bbc.co.uk/2/hi/uk_news/politics/3892809.stm

Now, if you believe Armitage (the admitted source of the leak) was on orders from Bush, then so be it - but there’s no proof of this.  In fact, Robert Novak had this to say about Armitage’s statement: “It was an offhand revelation from this official, who is no partisan gunslinger.”  The CIA claims that it pressed Novak not to publish Plame’s name.  You can believe them or not.

The bottom line is that despite a motivated and seasoned special prosecutor, no indictments were made with regard to the leak.  If you know better, then I applaud you.

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By Marshall, July 25, 2007 at 12:31 am Link to this comment

<<No Marshall, it was the sexist remark about the Mrs. Wilson>>

How exactly is it “sexist” to say someone is good looking?  Everyone I know is honored to receive that compliment.

<<You even contradict yourself in the same posts. First you say that the economy is great now, and then in the next paragraph, you explain why it isn’t.>>

Guess I missed that part of my post.  You wanna be more specific?  How about a post #?  But then, I’ve never seen you documenta single claim you’ve made.

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By cyrena, July 23, 2007 at 5:02 pm Link to this comment

#88835 by Marshall on 7/23 at 8:27 am

No Marshall, it was the sexist remark about the Mrs. Wilson that I was referring to in that message I think. (since it’s on this thread). It was juvenile and typical of your mentality.

The lies from you are standard. You even contradict yourself in the same posts. First you say that the economy is great now, and then in the next paragraph, you explain why it isn’t.

But, I’d agree that you aren’t the only one that lies. Your statistics are off though. I’d say roughly 85% of the posters on this site, have a pretty balanced and realistic view of our common predicaments, here in our rapidly declining republic, YOU….(among a few others) are simply full of shit.


And, there will always be people like you – among us. Some of you make your presence more “known” than others, but….maybe that’s a good thing, just to keep the rest of us on guard.

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By Marshall, July 23, 2007 at 9:27 am Link to this comment

#88772 by cyrena on 7/22 at 10:40 pm

Cyrena - you mean because I called someone a liar, that makes me eligible for anger management?  Hmmmm… that would make about 95% of posters on this site eligible as well.

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By OK, July 23, 2007 at 6:45 am Link to this comment
(Unregistered commenter)

“Nice ad hominem attack”

Marshal, isn’t that what this entire case is all about? Bush and Chaney had no argument against Wilson’s findings, so they attacked his wife?

As I said before, your comments are baseless. Now tell us, how does it feel to not be squeezed and bullied by Bush’s sphincter muscles?

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By cyrena, July 22, 2007 at 11:40 pm Link to this comment

#88545 by Marshall on 7/21 at 3:42 pm

....“All Wilson’s bellyaching and conspiracy claims amounted largely to paranoia - from a partisan liar who changed his story upon returning from Niger… three official commission reports contradict him (though he does have a hot wife.)”.....

Marshall,

They should send the wagon for you. You’re a walking time bomb with a seriously sick mentality.

Why all the rage? Seek help.

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By GB, July 22, 2007 at 11:05 pm Link to this comment
(Unregistered commenter)

Sorry Marshall,


There’s a dark cloud over Cheney and your allegiance to his crimes.

http://www.washingtonpost.com/wp-dyn/content/article/2005/10/17/AR2005101701888.html

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By Marshall, July 22, 2007 at 7:51 pm Link to this comment

#88649 by GB on 7/22 at 7:44 am

GB - You’re wrong.  Fitzgerald did not find the information came from Cheney - he found it came from Armitage.  Feel free to check the facts at any time, though preferably before you post again.

#88651 by OK on 7/22 at 8:04 am

Nice ad hominem attack, but you refute nothing I say and make no points of your own.  Again - a simple reading of Fitzgerald’d findings will confirm what I said in my post.

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By OK, July 22, 2007 at 9:04 am Link to this comment
(Unregistered commenter)

Okay Marshal, I will “tell” you…shut the eff up!

Your comments are baseless, your mind is small and among the five polyps they pulled out of Bush’s ass, you were one of them.

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By GB, July 22, 2007 at 8:44 am Link to this comment
(Unregistered commenter)

Prosecutor Patrick Fitzgerald found the leak came directly from Dick Cheney. Those who helped get the information to the press are all accessories to one of many crimes against the American people Cheney has committed.

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By Marshall, July 21, 2007 at 4:42 pm Link to this comment

All this whining, except that… oops… the official guy who’s on your side didn’t find enough evidence to proceed with anything other than obstruction charges against Libby.  Was that Libby’s fault?  Nope.  The Fitsman already said the investigation was inactive before the trial.  All Wilson’s bellyaching and conspiracy claims amounted largely to paranoia - from a partisan liar who changed his story upon returning from Niger… three official commission reports contradict him (though he does have a hot wife).  We know the source was Armitage, but no one seems to care bout that including the whiners on this board.  Why?  Because he was Dept. of State?  Because he’s not Bush or Cheney or Libby?  Because there’s no proof it was an attack on Wilson?  You tell me.

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By cyrena, July 21, 2007 at 3:17 am Link to this comment

#88195 by 127001 on 7/20 at 1:26 am

Thanks for this link 127001. It’s very helpful.

The Citizens for Judicial Accountability has an excellent article regarding the 9th Circuit’s Task Force report regarding pro se litigants.

See:

http://www.judicialaccountability.org/articles/9thcirc uitreportprose.htm

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By Bukko in Australia, July 20, 2007 at 9:16 pm Link to this comment

Vodvarka, I agree with you that violence is not the answer. Non-violence was what brought down the Soviet Communist Empire, after all.

However, things will have to get REALLLLY bad economically—like no-gas-at-the-pump, no-food-in-the-store, lights-and-water-don’t-work bad—before a critical mass of Americans goes on general strike. Which won’t affect as many by then because the unemployment rate would have to be 25% for that to happen, IMO. I’m afraid that WILL occur eventually, although I hope I’m wrong.

And JBart, I hope the military does not use its ammo box to change things, because those general types have a tendency to stick around once they depose a leader. Look at Brazil 1960s, Chile 1970s, Turkey 1980s, Pakistan 1990s, Thailand right now… Sets a bad precedent for future coups, too.

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By cann4ing, July 20, 2007 at 6:25 pm Link to this comment

Judge Bates’s reasoning that the intentional outting of a covert CIA officer for the purpose of retaliating for her husband’s exposing a lie that ended up in the President’s effort to seek a congressional authorization to taken this nation to war cannot be the subject of a civil action against members of the administration because they were acting within the course and scope of their duties is, shall we say, a bit suspect.  What limits, if any, would Judge Bates place on the course and scope of their duties.  Could Libby or Cheney or Rove have been allowed to simply shoot Ambassador Wilson to shut him up once and for all?  Would he be immune from an ensuing civil action?  (Maybe I should stop there before Cheney tells Wilson he wants to make amends by taking him on an all expense paid duck hunt.)

One wonders whether Judge Bates is connected the radically subversive Federalist Society.  I suspect this ruling will be appealed.

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By zoradrac, July 20, 2007 at 5:56 pm Link to this comment
(Unregistered commenter)

This all reminds me of the state of affairs in Europe leading up to WWII that Mihail Sebastian described in his journal.  A feeling of helplessness and paralysis in the face of increasingly despicable acts.  I hope the Bates/Cheney connection that la reported on below gets more press.  The CNN link is really worth checking out. 


“It seems that Cheney and Bates crossed paths in the past, when Bates dismissed a suit against Cheney (filed by Comptroller General David Walker, the head of the General Accounting Office). In that case Bates ruled it did not make a “compelling showing” on why the judiciary branch should get involved.

For further info, see the following article:

http://archives.cnn.com/2002/ALLPOLITICS/12/09/cheney. energy/index.html ”

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By GB, July 20, 2007 at 2:17 pm Link to this comment
(Unregistered commenter)

Cheney and Bush have committed treason by revealing Valerie Plame’s identity, turned their lies of a so called war on terror against their own citizens and get away with it. I don’t know about you but this looks like a dictatorship to me.
If the Democrats don’t put impeachment forward to find out who Cheney and Bush are really working for they will prove why they have consistently been wrong about what makes an “electable” Democrat.

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By jbart, July 20, 2007 at 1:17 pm Link to this comment
(Unregistered commenter)

#88275 by Tony Vodvarka on 7/20 at 11:04 am

“Bukko in Australia” is right, except the “fourth box” can be seen as symbolic of a true chance to right the ship.  They’re called the U.S. Military. History has shown it over and over. The military has the power(and bullets)to affect the change we all agree is needed. And, if King George keeps firing the generals for not agreeing with him, and continues the madness that is Iraq, you never know.

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By Mudwollow, July 20, 2007 at 12:42 pm Link to this comment

Who said Bush stealing the 2000 election was no big deal. Whoops, I guess that was the Democrats like Al Gore wasn’t it.

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By Skruff, July 20, 2007 at 12:07 pm Link to this comment
(Unregistered commenter)

They say this Country is a Country ruled by laws instead of a King. 

If the King makes, changes, minipulates the laws, what’t the difference.

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By Tony Vodvarka, July 20, 2007 at 12:04 pm Link to this comment

Dear Bukko, The “fourth box”, violence, is not an option.  The powers that be have surveillance and distructive powers unmatched in history.  Beyond constitutional means, which seem increasingly futile these days, the only possibility of overthrowing a government is, once it loses all credibility, massive non-cooperation, the general strike, and passive resistence.

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By lawlessone, July 20, 2007 at 12:02 pm Link to this comment
(Unregistered commenter)

This proves once again that the longest lasting harm Bush has been able inflict on the country is his appointment of judges who think like him and promise to pervert the system for the next several decades.  The harm they will perpetrate will last longer than we fought the cold war, certainly longer than the depression and all the world wars put together.  We can probably survive the interim liars, crooks and incompetents he insists on appointing in other positions like the Attorney General’s office, but every Bush life time judicial appointment is a time bomb that never stops exploding.

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By Chaseme, July 20, 2007 at 11:54 am Link to this comment
(Unregistered commenter)

The sad thing about the conduct of this administration is not only the fictitious “war on terror” and the effects that follow, but also, the redefinition of phrases words and positions.

Phrases like “Weapons of Mass Destruction” will never be viewed that same after there were none found in Iraq. Words like “Democracy” and “Justice” will now have entirely different meanings and will never be viewed in the way we saw them before this administration stole office.

And, positions like, “US Attorney General,” US Vice President” and “US President” have all taken on completely new meanings. Meanings, that will forever change the face of government, the face of America, and more importantly, the face of how the American people are viewed around the globe.

I have often considered how much of this change is intentional, or is it all just a casualty, just as we are, of greed for money and power? How much power, will the next US President have? How much power, will the next US Attorney General have? Will the jobs have equal or greater appeal as it had before bush and Gonzo?

Will we, as Americans forget what the word “Justice” meant before this administration stripped it of perpetual evolution towards truthfulness. Will we allow the heroes and heroin of Justice to simply fade away? Will Valerie Plame and Joe Wilson be the last of those heroes to fight for what Justice meant, as we know it?

Will Justice in America be the Angkor Wat of Cambodia, buried in accumulated earth and vegetation after being abandoned by its citizens? Thousands of years later, when the country realizes it could profit from it, there’s an attempt to revive it; to make it appear what it once was, a source and symbol of Great National Pride.

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By Leefeller, July 20, 2007 at 11:51 am Link to this comment

Where are the rule of law folks on this one?  Congress is in the show and tell mode, well if congress ever gets their heads out of where the sun don’t shine, maybe something will happen, but I will let the rule of law folks hold their collective breaths on this one.

When you get judges hand picked by the king, you expect integreity?  Especially when named Judge John D. Bates.  Bet, he is still living with the stigma of growing up with a silver spoon in his mouth, when little judge’s butler used to call him master.

I know, could not help myself.

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By ocjim, July 20, 2007 at 8:36 am Link to this comment

It is curious that our legal system can be used against anyone who does harm to another either in crimin court or civil court, that is, unless you’re a high official in the government. Can these criminals not be touched?

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By Druthers, July 20, 2007 at 6:09 am Link to this comment
(Unregistered commenter)

“Rove’s lawyer, Robert Luskin, said Rove was pleased to have the case behind him.”

There is still hope that one day a bright light will be shined on all the similar things that Rove has behind him.

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By Marjorie L. Swanson, July 20, 2007 at 6:06 am Link to this comment

Where is our congress? Our congress is playing political games with the Republicans obstructing as fast as they can and the Dems worrying about the media portraying them as not getting anything done. The Plame case is simply a symptom of a country that allows its government to ignore the rule of law. Bates is one of those “activist” Judges conservatives pretend to hate unless their “activating” in the right-wing direction. We are all so screwed. There is no justice in the Justice Department or in the courts.

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By 127001, July 20, 2007 at 2:26 am Link to this comment

The reality of this pattern of atrocity by the courts, the legal system, and the attorneys themselves will become more evident as more rights to access to the courts by all citizens is realized ... or the younger American citizens will simply evolve into an existence without rights because they are not willing to “risk” the illusion of security for the Constitutional rights.

This case simply got headlines from the media. Every day the courts in this country abuse those forced into the system.

Ron Branson of Jail4Judges (http://www.jail4judges.org) and some other citizen rights organizations have been fighting this battle for years.

The Citizens for Judicial Accountability has an excellent article regarding the 9th Circuit’s Task Force report regarding pro se litigants.

See:

http://www.judicialaccountability.org/articles/9thcircuitreportprose.htm

The reality of what the system really is and what it is doing to the fabric of this country is shocking.

Why would it be shocking, with that kind of support, that the current administration would go to the lengths it has?

Reminds me of trying to reach into a rattlesnake nest without getting bit.

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By madeline boyle, July 19, 2007 at 11:56 pm Link to this comment
(Unregistered commenter)

I felt like vomiting along with Cyrena. This administration can do whatever it wants to the most patriotic Americans and get away with it. Nixon’s crimes never reached the pinnacle of Bush’s yet Nixon resigned “for the good of the country.” Bush and cronies (judges) care nothing for our country or its people. It seems there’s little we can do now - after watching the Republicans shoot down the vote for our troops to come home even while some of them, Warner, Lugar, came out against prolonging the war. Still, in the end, they stuck with the corrupt powers that be. All we can do is join the September 15th march in Washington. There needs to be millions of us there.

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By cyrena, July 19, 2007 at 11:25 pm Link to this comment

Comment#88095 by Paolo on 7/19 at 4:52 pm


Paolo,

You answered your own (and everyones) question with the last sentence…

On what conceivable “jurisdictional grounds” could this case be dismissed?

This is a federal case, having to do with violation of federal law. The judge, John D. Bates, is a district court, FEDERAL judge. Seems to me the case is in the right jurisdiction. What other conceivable jurisdiction could the case take place in?

What a total scam!

*********************
It’s actually worse than a scam, but that’s accurate enough, and it’s not even new. The same thing happened to me, several years ago. They will dismiss anything like this, IF it even gets this far. (the Wilsons fortunately had access to resources that allowed them to pursue this, but most of us don’t.)

So, they keep getting away with is. And, of COURSE it’s not a jurisdictional issue, for all of the reasons you said. He (Bates) didn’t even really pretend that it was. Just for the hell of it, there is a bit more of his written/oral commentary in this report.

http://www.truthout.org/docs_2006/071907R.shtm

Meantime, the Wilsons say that they expected this, (which is a good thing, because it’ll be a long and exhausting battle) so they will file an appeal. We’ll see what happens.

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By Bukko in Australia, July 19, 2007 at 10:54 pm Link to this comment

There’s a quote I hear a lot on left-wing radio talker Mike Malloy’s show: “To fight tyranny, you need to use four boxes, in this order—soap, ballot, jury and ammo.”

You can use soapboxes like this to speak out against tyranny. But the tyrants don’t pay attention to what you say.

You can try to vote them out at the ballot box. But as the stolen elections of Florida 2000, Ohio 2004 and the potential cancellation of the 2008 election due to a “national security emergency” show, that might not work.

You could go to court and use the law to thwart tyranny. But the Plame case (along with “Liar” Libby’s commutation) shows that the tyrants control the jury box.

That leaves only the ammo box.

Good luck, people in America. I’m a peaceful person, which is why I buggered out of there. You gotta start asking yourselves, though, “How bad does it have to get before I open the fourth box?”

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By joey, July 19, 2007 at 10:43 pm Link to this comment
(Unregistered commenter)

The jurisdiction is wrong, the plaintiff is wrong, the charges are wrong and the timing is wrong. The accused is still sleeping at the scene of the crime. Why wouldn’t the judge throw it out?  Someone call the Hague and tell them hundreds of crimes against humanity have been and are still being committed. Lets do Nirenberg all over again.. Justice must be served.

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By Josey2006, July 19, 2007 at 10:18 pm Link to this comment
(Unregistered commenter)

It’s sad that we live in a day and age when the average American citizen is relegated to the role of Las Vegas gaming actuarial.  In that role, I wouldn’t give U.S. District Judge John D. Bates more than a 1 in 20 chance of continuing his job.

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By Inherit The Wind, July 19, 2007 at 8:44 pm Link to this comment
(Unregistered commenter)

A tame judge appointed by George W. Bush in Dec 2001 (just after 9/11) rules on the administration’s illegal actions regarding outing an intelligence officer for revenge against her husband.  Naturally,the facts don’t matter and the administration wins.

The system is now, officially broken. The totally corrupt Re-thugs in Congress did their part and the spineless cowardly Demo-weenies rolled over and peed on themselves letting them do it.

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By Pacrat, July 19, 2007 at 7:49 pm Link to this comment
(Unregistered commenter)

Bush appointee dismisses Plame case!

What else could anyone expect? I stand in amazement at how this small group of neocons have systematically taken over almost every aspect of our government and way of life.

It will take more than a few years to get our country back on course - and it will, unfortunately, demand tactics similar to those used by the neocons. Maybe it’s time for true republicans and conservatives to reject the neocons.

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By QuyTran, July 19, 2007 at 6:48 pm Link to this comment

Judge John D. Bates will be hand picked to replace Alberto Gonzales as new AG after this wonderful act.

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By QuyTran, July 19, 2007 at 6:43 pm Link to this comment

I already told you guys that these criminals sit on jurisdictional system of the U.S. then peeing down.
Just open your eyes widely because there’re more laughing stocks played by these clowns !

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By Paolo, July 19, 2007 at 5:52 pm Link to this comment

On what conceivable “jurisdictional grounds” could this case be dismissed?

This is a federal case, having to do with violation of federal law. The judge, John D. Bates, is a district court, FEDERAL judge. Seems to me the case is in the right jurisdiction. What other conceivable jurisdiction could the case take place in?

What a total scam!

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By terry, July 19, 2007 at 4:27 pm Link to this comment
(Unregistered commenter)

I wonder what else is within the scope of power in our new 4th branch of government, which is the untouchable vice president, his obedient oil men advisers and their self described jurisdictions?
answer: pull strings for the President and the judicial systems panel of puppets.
We need a constitutional convention pronto!

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By cyrena, July 19, 2007 at 4:26 pm Link to this comment

This made me vomit. All the more so, because lefty is right….. It’s not even a surprise. Matter-of-fact, this is now routine. We’ve heard about the Wilsons, but this is happening in courtrooms across the land.

Amazing that he could toss out the suit on jurisdictional grounds, without a word of an opinion to explain how jurisdiction even applies. They aren’t even pretending anymore. The Scooter “get out of jail free” (before you even go)card, was one of the many preludes to this. I suppose they (the Wilsons’) should have expected nothing more.

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By Scott, July 19, 2007 at 3:36 pm Link to this comment

Speaking of whorehouses and pimps, how’d those stains on America’s Constitution and credibility get there?

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By la, July 19, 2007 at 2:59 pm Link to this comment
(Unregistered commenter)

It seems that Cheney and Bates crossed paths in the past, when Bates dismissed a suit against Cheney (filed by Comptroller General David Walker, the head of the General Accounting Office). In that case Bates ruled it did not make a “compelling showing” on why the judiciary branch should get involved.

For further info, see the following article:

http://archives.cnn.com/2002/ALLPOLITICS/12/09/cheney.energy/index.html

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By R.M., July 19, 2007 at 2:43 pm Link to this comment
(Unregistered commenter)

Well, this proves it…the country is broken beyond beyond repair.  What was done was treasonous and a judge has ruled that it’s OK by him.  As a decendant of one of the signers, I call for all to read or reread the Declaration…beyond being an intentionally morally incomplete (slavery) statment of principle, after the first paragraph, it outlines the reasons for it’s creation…the trangressions of King George III.  Ironically, this current George, our third president by that name, holds the office illegally. Therefore…as is stated in the afore mentioned document…
  “But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”
  Impeachment of this un-american reprobate and his cabal is a must if we are to reclaim our nation for our children.

  Where is our Congress?

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