Bush's Guard service may affect Miers nomination

The Austin American-Statesman ^ | Tuesday, October 4 | Ken Herman

[counterpunch]

A former Texas Lottery official said he wants to talk to senators about the Supreme Court nominee's role in covering up his Bush's record

WASHINGTON -- A former Texas lottery official, who claimed that then-Gov. George W. Bush's desire to cover up his National Guard record helped steer decisions about a key lottery contract, said he wants to talk to senators about Supreme Court nominee Harriet Miers' possible role in that effort.

"If I were to be subpoenaed to come to the thing, I would come," said Lawrence Littwin, who filed a lawsuit after he was fired as the lottery's executive director in 1997. "I would say the committee, I think, would be interested."

Littwin claimed in a federal lawsuit that lottery operator GTECH held sway over the Texas Lottery Commission because former GTECH lobbyist Ben Barnes was involved in helping get Bush into the Texas Air National Guard during the Vietnam War.

GTECH, which settled the suit in 1999 and paid Littwin $300,000 without admitting wrongdoing, said in court filings that Littwin's Guard-related claims were "preposterous."

A Bush appointee, Miers served as chairwoman of the Texas Lottery Commission when it was mired in controversy. President Bush cited that record Monday in announcing his nomination of his longtime friend and adviser to replace retiring Justice Sandra Day O'Connor.

Littwin was hired in 1997 to replace Nora Linares, who had been fired after it was revealed that her boyfriend was working as a consultant for GTECH, the Rhode Island-based firm that has run the Texas Lottery since it began in 1992.

Littwin was fired after five months on the job. He said he was let go because of the aggressive approach that he advocated in scrutinizing GTECH's performance, including investigating whether the company made illegal contributions to public officials.

Littwin sued the company, seeking $2.6 million and claiming that it had arranged his firing. The lawsuit cited GTECH lobbyist Ben Barnes' claims that as Texas House speaker he had helped get Bush into the Guard. Littwin's suit said GTECH had been given preferential treatment by the commission, which controlled the contract.

Under pressure from the lottery commission, GTECH had severed ties with Barnes before Littwin was hired as executive director. GTECH paid Barnes and partner Ricky Knox $23 million to end their consulting contract.

Barnes, who for years had remained silent about his role in getting Bush into the Guard, was forced to discuss it during a September 1999 deposition in the Littwin lawsuit. Barnes' lawyers issued a statement saying that when he was House speaker, Barnes called the head of the Texas Air National Guard to put in a good word for Bush at the request of Bush family friends.

In the statement, Barnes' lawyer said no one from the Bush family had contacted him about the Guard slot.

Littwin, citing confidentiality provisions in the settlement with GTECH, has declined to discuss Miers' role. A federal judge, ruling against GTECH, said Miers did not have to give a deposition in the case.

Before the settlement, Littwin had questioned Miers' performance at the commission, charging that she ignored state law requiring annual audits of GTECH.

Under terms of the settlement, Littwin would have to forfeit $50,000 if he violates the confidentiality agreement. He said Monday that his lawyer told him he could testify if subpoenaed by the Senate.

In the agreement, Littwin said that he had "no personal knowledge of any of the criminal activity alleged in support of his claims against GTECH."

When the case was settled, GTECH said a "business decision" caused it to opt for the settlement instead of taking the case to trial.

kherman@coxnews.com

[counterpunch]

This is what we have in store for us from the Democrats.

As Bush's personal lawyer in Texas, she got him out a quite a few legal problems. Democrats will be more than happy to rehash this all over again.

From 2001 until 2003, Miers was Assistant to the President and Staff Secretary, the person who controls every piece of paper that crosses the president's desk. She is the person who decided what memos the president did and did not receive. Maybe the Democrats might be interested in seeing some of those documents.

From 2003 until 2005, Miers was Deputy Chief of Staff on Policy. There has been quite a lot of controversial policy drafted by the Bush White House since 2003, and Miers was instrumental in its creation. The Democrats may want to revisit some of their favorite policies to demagogue.

Starting this year, Miers has served as Counsel to the President, where she has most assuredly advised the President and his staff on a number of legal issues. Perhaps the Judiciary Committee Democrats might be interested in what kind of advice was sought and provided?

This is a glimpse of what the Confirmation Hearing is going to look like:



It is impossible to know what the outcome of all of this will be. It may merely embarrass the Bush administration. But there is also the very real possibility that it may all quickly spiral out of control. What internal White House documents will the Democrats request? How will the Bush administration look if they refuse? How bad will the media firestorm be if they don't turn over such documents? How bad will the media firestorm be if they do turn over such documents? Does Miers have any chance of confirmation if the White House doesn't cooperate with document requests?

And then there is 28 USC 455 which states:

Section 455. Disqualification of justice, judge, or magistrate judge

(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
(b) He shall also disqualify himself in the following circumstances:

(3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy;

Miers may very well be rendered disqualified from hearing any case involving Bush administration policy in the Global War on Terrorism.

[My2Cents]

More "fake but accurate" documents to surface?

[gondramB]

"A former Texas Lottery official said he wants to talk to senators about the Supreme Court nominee's role in covering up his Bush's record"

Oh my God.... could the public have been any more clear that they don't care about President Bush's guard service and that they are more concerned about issues that matter?

And now they dredge it up again?

[sinkspur]

Littwin claimed in a federal lawsuit that lottery operator GTECH held sway over the Texas Lottery Commission because former GTECH lobbyist Ben Barnes was involved in helping get Bush into the Texas Air National Guard during the Vietnam War.

LOL! Go ahead, Littwin. I'd love nothing better than for somebody like Orrin Hatch to go after Ben Barnes and question him about his role in the fake memo scandal that ultimately resulted in the humiliation of Dan Rather and his departure from CBS.

Besides, Littwin, how are you going to reconcile this statement with your new-found zeal?

In the agreement, Littwin said that he had "no personal knowledge of any of the criminal activity alleged in support of his claims against GTECH."

This is rich, punch. You throw stuff against the wall, with no awareness of what you're doing, hoping something will stick.

If Littwin had had anything on Miers or GTECH, he wouldn't have agreed to a settlement.

This is one "witness" who has already discredited himself.

[Dane]

And now they dredge it up again?

Actually it is some on the right who seem who want to dredge this up again.

Let them do it, they will have egg on their faces as they did last time.

[FlingWingFlyer]

Who are the two homos showing off their S&M collection?

[Enchante]

What is it about Texas (is it the water?) that they have so many of the most psychotic Democrats outside of California and Massachusetts??? Maybe it's just the sheer size, out of millions of people you've gotta have some with screws so loose that they've fallen off.....

[Paleo Conservative]

former GTECH lobbyist Ben Barnes was involved in helping get Bush into the Texas Air National Guard during the Vietnam War.

George W. Bush joined TANG in 1968. Ben Barnes wasn't Lt. Governor till 1969.

[StuLongIsland]

Here we go again and again and again and again and again and again and again and again and again and again and again and again and again and again and again and again

[mtntop3]

And you seriously believe that President Bush and his advisors have actually not considered all the aspects you have handwring(ly) noted???

[jos65]

George W Bush won two, count em ,two elections!!!!!

Get over it!!!!!!!!

[counterpunch]

Of course they're going to dredge it up again.. and Abu Ghraib, and Guantanamo Bay, and the case for war in Iraq, and the 9/11 PDB... you name it.

As I've been trying to tell people, we really don't need to go through all this again. Let's send up a nominee who will initiate a discussion on the proper role of the Judiciary, not what Bush knew and when did he know it.

[Protect the Bill of Rights]

They are determined to bore us to death with this story.

[Paleo Conservative]

What is it about Texas (is it the water?) that they have so many of the most psychotic Democrats outside of California and Massachusetts???

It's because they are completely out of power with little prospects of getting it back.

[acapesket]

I've said it B4, I'll say it again,
Are they Nuts?
I saw Ben Barnes name and nearly had to evacuate!
My desk, that is..

[Trajan88]

The Northeastern and left coast Democraps do not like the fact that we in Texas have no state income tax ;-)

Let them all eat cake!

[Excuse_My_Bellicosity]

Good lord, they're dredging up Bush's National Guard service again?! The Democrat angle sure makes sense: GW joins the military as a jet pilot and risks his life in order to get out of doing his duty. Yeah, run with that, Demos!

[jwalburg]

Exactly.

[SevenofNine]

OH GOD NOT THAT AGAINNN
Dont' tell me is Dan Rather be call to LOL!

[You Dirty Rats]

I see that the anti-Miers anti-Bush crowd has hit a new low -- quoting from a liberal rag that dredges up the discredited smear on the President's National Guard Service.

What's next, a post from another rag claiming that Miers helped steal the 2000 and 2004 elections?