Meet Simon Dodge (or, on second thought, don’t)

House Oversight Committee Chairman Henry Waxman (D-Calif.) and Secretary of State Condoleezza Rice have been going back and forth in an increasingly interesting feud for several weeks now. Today, it got a little more interesting.

The exchanges have been about whether Rice will show up for a hearing about the administration’s pre-war intelligence failures, specifically the president’s discredited claim about Iraq seeking uranium from Niger. Waxman is poised to subpoena Rice; Rice has vowed to ignore the subpoena.

Today, Rice’s lack of cooperation extended to her aides, including one in particular who might have interesting information for Waxman.

Waxman said that when his staff sought to meet with Simon Dodge, a nuclear weapons analyst at the State Department’s Bureau of Intelligence and Research, a State Department official called and objected. According to Waxman, the official “informed Committee staff that you [Rice] were prohibiting Mr. Dodge from meeting with Committee investigators. This official claimed that allowing Mr. Dodge to speak with Committee staff would be ‘inappropriate’ because the Committee voted to issue a subpoena to compel your attendance at a hearing on your knowledge of the fabricated evidence.”

And who is Simon Dodge? I’m glad you asked.

Nico explained a bit about the analyst’s background.

Three months before President Bush uttered his infamous 16 words, claiming there was evidence that Saddam Hussein was building a nuclear weapon, a State Department analyst named Simon Dodge had determined that the evidence for the claim was likely fraudulent.

Dodge emailed his assessment to fellow intelligence analysts in October 2002, and then again in January 2003 (two weeks before Bush’s State of the Union), saying the documents supposedly from Niger were “probably a hoax” and “clearly a forgery.”
According to Oversight and Government Reform Chairman Henry Waxman (D-CA), the State Department is now refusing to let Dodge speak to Waxman’s staff, despite the fact that Dodge has indicated he is “willing to cooperate fully” with the investigation.

As a rule, when top administration officials act like they have something to hide, it’s because they have something to hide.

For what it’s worth, Waxman is playing it cool, giving Rice the benefit of the doubt, or at least pretending to, in a patronizing kind of way.

[A] member of your legislative office informed Committee staff that you were prohibiting Mr. Dodge from meeting with Committee investigators. This official claimed that allowing Mr. Dodge to speak with Committee staff would be “inappropriate” because the Committee voted to issue a subpoena to compel your attendance at a hearing on your knowledge of the fabricated evidence.

I assume that your legislative staff was acting without your authorization in this matter. It would be a matter of great concern – as well as an obvious conflict of interest – if you had directed your staff to impede a congressional investigation into matter that may implicate your conduct as National Security Advisor.

Rice wouldn’t do that, would she?

Waxman wants to know whether Rice or any other senior officials “were aware of, or should have been aware of, Mr. Dodge’s assessment.” I can’t imagine why the administration wouldn’t want to cooperate with this inquiry; can you?

The reality is, Rice shouldn’t have much choice — Congress has oversight authority over the State Department. If Waxman’s committee is investigating Rice, she’s not in a position to tell her aides not to cooperate with the probe.

The unitary executive theory doesn’t allow for congressional oversight, period.

Someone needs to let the administration’s legal eagles that the constitution needs to be explicitly amended so as to incorporate the unitary executive but then again, naming something is defining something which is placing limits on the unitary executive and that’s something the administration doesn’t want. Ever shifting claims of power are hard to argue against, y’know.

  • you know, i wish these democrats would just get on with these things. let’s issue the damned subpeonas and let’s get this constitutional showdown underway. at least then i’ll know if i have to go find some other country to live in……..

  • One problem with pursuing a subpoena (and any other legal) strategy is that it will ultimately end up with the Supreme Court and it looks increasingly like the deck has been stacked with the two Bush appointees, Alito and Roberts. These two plus the other conservative Justices might actually uphold the unitary executive theory.

  • Um, isn’t it against the law to ignore a subpoena? I thought it was. Is it also against the law to tell a subordinate they must ignore a subpoena and thus break the law? If the former is true, then the latter should be. Should be as in one would assume it is true, and if it is not, it ought to be.

  • That assumes a subpoena by Congress is effective against the Executive branch. With these guys, I’m not sure that it’s going to work.

    What’s going to work is a stake through the heart and cutting off the head.

    Oh, excuse me, went on a Van Helsing rant.

  • Condi is guilty as sin in her propagandistic efforts to sell us this debacle in Iraq (mushroom cloud indeed!). These WH people have been caught with their pants down on so many issues now, they will no doubt begin a defense strategy that asks the rest of us why we’re still fully clothed. Up is down, ignorance is strength, war is peace, and every other Orwellian dynamic seems to be in play among the sycophant intellects of this Bush crowd. -Kevo

  • It’s more than ridiculous.

    All this stuff is starting to get really scary. What should we do, as patriots, if the Supreme Court upholds the “Unitary Executive” theory? What would YOU be willing to do? Protests? Civil disobedience? Out and out rebellion? Do we just leave the country and hope for the best?

    When does this stuff go from being just a threat against our freedoms and the Constitution to being an actual usurpation of our rights as U.S. citizens which obligates us to some kind of action beyond arguments and voting? How do we know when that line has been crossed?

    I know the Republic has survived these kinds of crises before, and I have faith that we will weather this one as well, although this fight for the soul of the country looks to continue for the next twenty or thirty years.

  • When will Congress learn to flex the muscle of money at these dimwits? Rice can refuse all day long if she wants; Congress holds the authority to defund State, and every other cabinet-level department in the Bushylvanian stable of dead horses.

    Step One—tell rice-paddy to get her arse up to the Hill—with her tempestuous commentaries in tow—or Congress will summarily defund State. thinkl of it as “napalming a rice paddy.” Those Viet Nam comparisons do work both ways, y’know.

    Can’t have a SecState without a department, now can you?

    Then, re-establish the department, and make Baron von Commode Guy resubmit the entire list on individuals who have to go through Senate confirmation—and tell Reid not to even think about a chamber recess until every last position is filled.

    Step Two—wipe out the gray areas in the Recess Appointment Policy by identifying that the President may only fill an appointment in such a manner as the vacancy (1) occurs during an extended Congressional recess of more than 30 days, and (2) the President must make reasonable effort to elicit Congressional action via an up/down vote of (a) the Committee, and (b) the entire Senate. This can be done via Internet technologies currently available.

    The point is, if the President can cope with the vacancy for months on end because he’s afraid that Congress will kill the nomination, then there’s really no “emergency” to justify the recess appointment within days of Congress leaving town.

    Step Three—tell Bu$h that the Congress is establishing its own “no-strings-attached” gameplan. Beginning now—today, right this very minute—Bu$h will no longer attach his ‘signing statements” to any bill after it becomes law. So much as one reinterpretation allowing that “I don’t have to obey your Law”—and Congress shuts down all war funding.

    Because War Funding is Congress’ version of the Veto. They should wield the pen with malice, intent, and a remorseless zeal that will leave even filthy little muckrakers like Limbaugh in a state of “shock and awe….”

  • What does happen if they just don’t appear?

    I mean, that’s a pretty heavy scenario. Who does law enforcement respond to? Will their allegiance go to the ‘Commander guy’, or to Mr Waxman. Does a showdown inevitably end up in the Supreme Court? Sure, Congress has oversight authority over the State Department, but, when push comes to shove, how is that authority exercised?

    The gang sure are testing the waters and pushing the envelope here. I bet they’re calculating how much they can get away with. Looks like it could become a very nasty business.

  • Steve, you give us hope.

    Please, let the people who need to know this read this.

  • Condi is trying to run down the clock. Just like she did with the 9/11 Commission (and other public appearances) where she gave long-winded, evasive non-answers to use up her time allotment. She thinks that if she can throw enough obstacles in Waxman’s way, maybe he won’t get to her before the end of Bush’s term.

  • Definitely better keep an eye on this unitary executive as the scandals unfold and the crimes spill out. How close are we to the day when the unitary executive declares martial law, does it happen when Gonzales is impeached, or when Cheney is impeached, or maybe when the marshalls head out to arrest Condi. Suddenly, the threat to national security is so great that normal political cycles must be put on hold, congress must sit back and wait until the UE wins his war. The danger is just too great for elections or campaigning. Crazy, yes, but then again with the Pentagon filled with crusading evangelicals all hard on for their idol UE. Let’s just hope there really is an American spirit left somewhere, soldiers who will say this is not what i was fighting for, citizens who will take to the streets…? Is America still around?

  • Interference in a Congressional investigation and possible obstruction of justice seems like grounds for impeachment, I’d say.

  • This is just another version of what Gonzo did: defy, dissemble, convenitently forget. No matter the consequences, whether they be looking like a jerk, which Gonzo certainly did, or forcing a constitutional/legal confrontation, never, never reveal anything. Loyalty uber alles. I say waterboard her.

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