The pressure is growing on the Justice Department to produce supposedly "deleted" e-mails that could reveal whether government lawyers during the Bush administration were instructed to devise legal justifications for torture.

These are, as I noted last week, most of John Yoo's e-mails, and a chunk of those of his colleague Patrick Philbin at precisely the time that Philbin was involved in reviewing two of the controversial Office of Legal Counsel memos approving torture, stress positions, prolonged sleep deprivation and other abusive interrogation techniques. As the Office of Professional Responsibility pointed out in its final report on the lawyers' ethical obligations, those e-mails were all oddly deleted and unretrievable.

So far, Citizens for Responsibility and Ethics in Washington (CREW), the National Archives, Senator Patrick Leahy (D-Vt.), and The New York Times have called on DOJ to find and produce the e-mails or lauunch a criminal investigation if they were indeed destroyed.

Then on Monday, Rep. John Conyers (D-Mich.) took a different tack; he called on the the National Archives to produce the White House side of those missing e-mails, since those are presidential records that must be retained under the Presidential Records Act.

Over the weekend, John Yoo, while railing at the "incompetence" of the OPR, which was "obviously biased" and "selectively tried to persecute only a few officials" in the OLC (they should have gone after the whole Justice Department, apparently), denies that OPR didn't have his e-mails and adds that in any event, the Justice Department's e-mail system is unclassified and so couldn't be used to discuss interrogation techniques that were "classified at the highest levels of secrecy."

Of course, discussions between Yoo and the White House or CIA about the memos he was writing didn't necessarily have to contain classified information in them for them to reveal whether senior officials were instructing Yoo to find a justification for breaking the law. In fact, many e-mails referenced in the report related to the memos were not classified, asMarcy Wheeler pointed out on Sunday.

Meanwhile, the National Security Administration, as it notes on its website, provides "security configuration guides" for government agencies to help them transmit classified material electronically. So whether it was through his DOJ e-mail or another government e-mail address, Yoo was almost certainly able to send classified material to his "clients" - the White House and the CIA -- by e-mail.

There doesn't appear to be any real question that Yoo was required to retain those e-mails. As CREW wrote in its letter, the Federal Records Act requires the preservation of government documents. Over the weekend, Jason Leopold pointed out on Truthout that the DOJ's web site explains that an e-mail is probably a federal record that must be preserved if it documents "agreements reached in meetings, telephone conversations, or other E-mail exchanges on substantive matters relating to business processes or activities; Provides comments on or objections to the language on drafts of policy statements or action plans; or Supplements information in official files and/or adds to a complete understanding of office operations and responsibilities." The DOJ rules also say that "the unlawful removal or destruction of federal records" can result in "criminal or civil penalties, fines and/or imprisonment."

Even if Justice refuses to further investigate whether high-level officials in the former administration broke the law, it may feel some pressure to at least investigate whether a DOJ attorney broke the DOJ's own rules - which may turn out to be an attempt to cover up some much more serious lawbreaking.

It's been a month since Honduran President Manuel Zelaya was deposed in a military coup. Negotiations on restoring democracy supported by the United States broke down when the coup regime refused to accept a compromise that would allow President Zelaya to return.

The Obama Administration still says it is working for President Zelaya's return, but so far it has not responded to the call from Hondurans for increased U.S. pressure on the coup regime.

Indeed, when President Zelaya tried to increase pressure on the coup regime by threatening to return to Honduras without an agreement, Secretary of State Clinton attacked President Zelaya as "reckless," instead of expressing any concern about repression by the coup regime against President Zelaya's supporters.

Now Rep. Raul Grijalva is leading a Congressional effort to urge the Obama Administration to increase U.S. pressure on the coup regime by canceling U.S. visas and freezing bank accounts of coup leaders.

There's more...

UPDATE II: NOT IMPRESSED.  It has been announced that Rove and Miers have "reached a deal"on the terms of the subpoenas issued for them to be "interviewed" before the Judiciary Committee.  However, Conyers has agreed that it will not be televised.  This is from the old Conyers playbook that he used on July 25, 2008, for the "non-impeachment impeachment hearings" against Bush. Hold proceedings, then make sure no one sees them.  July 25 was televised on CSPAN, but on a Friday afternoon, and they were completely buried by the mainstream media.  TELEVISE THE PROCEEDINGS.

After clowning around with Karl Rove for the umpteenth time (I think Rove was supposed to show up today again but honestly, I can't keep track anymore) it's time for the people of the Michigan 14th District to start getting their heads together to throw out the guy who is playing Lucy with the football: John Conyers.  Conyers' website is full of tough talk about accountability and subpoena's to high officials.  One problem.

It is now crystal clear that he is playing it to raise funds while at no time intending ever to do a single thing.  We need a Judiciary Committee chairman who will enforce subpoenas, refer contempt charges against Rove to the House floor, geez, anything.

Conyers has the key chairmanship locked up for life as long as complicit-in-war-crimes Pelosi is in charge.  Which means the only way to get him out is to throw it back to the people.  With Conyers gone, Bobby Wexler, I believe, would be next in line for chair.

The Michigan 14th has some interesting up-and-comers.  Which one of them might be persuaded to dislodge this once fiery maverick who has come to resemble but a shadow of his old self?

I'd back a young, clean-cut State Rep newbie like David Nathan, who is in Conyers' district.  How clean cut?  Literally an Eagle Scout.

Michigan State Representative David Nathan

Nathan has a background as a police cadet and vice president of his neighborhood association.

Then you have an apparently irrepressible State Senator Martha Scott, who has for many years made insurance redlining her key issue, which is an issue for workhorses rather than showhorses which belies an ability to takeon complex issues.  Also she looks way cool.

Michigan State Senator Martha Scott

We complain and complain about the congress we now have, but progressives have yet to call upon the levers of the Democratic primary system to correct what is so very wrong.  Typically we'll get mad around January of the year of the primary election, way too late to unseat a powerful incumbent.  The time to target Blue Dogs, Dinosaurs, DINOs and other outdated species is NOW.  Like the big boys do.  Try bucking a popular Republican president if you are a Republican, or try bucking AIPAC, the powerful right-wing Israel lobby, if you are anyone.  Watch how many minutes go by before talk has already begun of removing you from your job.  

It is now March of 2009.  Exploratory committee time.  We could call Conyers' office demanding action on Rove until we are blue in the face.  No more Lucy with the football, and us the Charlie Brown.  Let's play a game: Who would be your favorite primary challengers to the above species in YOUR district?

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Just over a week ago, I told you about the latest affront to human dignity carried out by the 21st century's answer to Bull Connor.  At the beginning of February, a month in which we celebrate the birthday of Abraham Lincoln, Maricopa County (Arizona) Sheriff Joe Arpaio decided to bring back a staple of the Jim Crow South - the chain gang - to the Southwestern desert. He marched 200 undocumented prisoners from the County Jail to a tent city a couple of miles away. He put them in chains and paraded them through the city streets of Phoenix to the open air jail, surrounded by an electric fence.  

Well, that little stunt earned him, besides the full-throated outrage of human rights activists, immigrant rights groups, and organizations that care about the rights of communities of color, working families, and effective policing, the scrutiny of powerful members of the United States Congress. And we want you to help add your voice to this scrutiny.

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Could it be? Accountability for Rove in the US Attorney and Don Siegelman cases? Possibly, if John Conyers has anything to say about it, which, as Chairman of the Judiciary Committee, he sort of does:

On Monday, House Judiciary Committee Chairman John Conyers (D-MI) issued a subpoena to Karl Rove, requiring him to testify regarding his role in the Bush Administration's politicization of the Department of Justice, including the US Attorney firings and the prosecution of former Alabama Governor Don Siegelman. The subpoena calls for Rove to appear at deposition on Monday, February 2, 2009.

Behold the subpoena HERE (h/t emptywheel.) It's a thing of beauty. It's not Rove's first, of course. The last time he was subpoenaed he simply made a spurious immunity claim to get out of having to appear.

From TPM:

Rove had claimed immunity from an earlier Conyers-issued subpoena, citing executive privilege. (The case is currently on appeal.) As a press release accompanying today's subpoena points out, "[t]hat "absolute immunity" position was supported by then-President Bush, but it has been rejected by U.S. District Judge John Bates and President Obama has previously dismissed the claim as 'completely misguided.'"

Will Rove be able to wriggle his way out of this one? To listen to Conyers, it's hard to see how:

"I have said many times that I will carry this investigation forward to its conclusion, whether in Congress or in court, and today's action is an important step along the way," said Rep. Conyers.

In his own "elections have consequences" moment, Conyers added:

"Change has come to Washington, and I hope Karl Rove is ready for it. After two years of stonewalling, it's time for him to talk."

There's more...