graysmoke

Wednesday, August 29, 2007

Lunar Eclipse Stills





These are a few of the digital stills I took of the total lunar eclipse from my patio sometime between one forty-five a.m. until about three hours later, August 28.2007.


graysmoke
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Tuesday, August 28, 2007

The Lunar Total Eclipse

Tuesday August 28, 2007- I have been watching the moon eclipse since one forty-five a.m. MST. Clicked a slew of digital shots, doubt if they will be too representative with my six meg camera, we'll see when I download, though not too hopeful as viewed on the camera image window.

The patio was still overly warm, maybe next trip out I will look at the thermometer with the flashlight. When the eclipse began, there were very distinct ground shadows of all the trees- those disappeared when totality was reached. I tried to get the sense of magnitude by attempting to realize that the perception of slowness was due more to the comparative size and distance apart of the two orbs rather than the passage of how we measure time. It also crossed my mind of how it might have affected a shepherd with his flock around fifteen hundred years ago when a bright moonlit night reveals that much change. Emotions must have been very different than from today when we have so much more knowledge about what is happening celestially.

I plan to check YouTube to see what has been posted ....... another new wrinkle to watching a lunar event.Hmm everyone must have gone back to bed, when I looked I could not find any posts yet, I must try later.

Part of my time today, which has a heat advisory status weatherwise here in the Sonoran Desert of the Valley of the Sun, and where the overnite low temperature didn't get below ninety Fahrenheit, will be spent searching the internet to try to find the oldest historical writings that describe total lunar eclipses.See what happens when curiosity gets an upper hand!

Here is an excerpt from one internet site that is fascinationg and there are other interesting paragraphs from a book that these were taken from, and this is the link:

http://www.earthview.com/ages/myths.htm


Eclipse Myths and Symbolism
The people of many cultures from all parts of the globe have developed various myths and legends about eclipses. Many believe that an eclipse is an omen of some natural disaster or the death or downfall of a ruler. Another pervasive myth involves an invisible dragon or other demon who devours the Sun during an eclipse. Many cultures have also developed superstitions about how to counteract the effects of an eclipse. The Chinese would produce great noise and commotion (drumming, banging on pans, shooting arrows into the sky, and the like) to frighten away the dragon and restore daylight. In India people may immerse themselves in water up to their necks, believing this act of worship will help the Sun and Moon defend themselves against the dragon. In Japan, the custom is to cover wells during an eclipse to prevent poison from dropping into them from the darkened sky. And as recently as the last century, the Chinese Imperial Navy fired its ceremonial guns during an eclipse to scare off the invisible dragon.
This ominous view of eclipses is not the only one. In Tahiti, for example, eclipses have been interpreted as the lovemaking of the Sun and the Moon. Even to this day, the Eskimos, Aleuts, and Tlingits of Arctic America believe an eclipse shows a divine providence: the Sun and the Moon temporarily leave their places in the sky and check to see that things are going all right on Earth. But regardless of the meaning given to them, eclipses will continue to occur, always obeying the regular timetables of celestial motions.
** Material adapted from ECLIPSE by Bryan Brewer
###########

It gives me a sense of historical continuity with all those ancients to witness the same type of phenomenon. The loss of most of the night's sleep is a small price for such a treat and I'm grateful too that the sky was clear.I seem to recall that the next total lunar will be four years from now. Will I still be here to catch that one?


graysmoke

Saturday, August 25, 2007

Message from Mother Nature

Ah BLISS!

Is this an early equinotial herald? Let's hope so. It is August 25, 2007 and this
summer has been another corker. Today I have had the wood slat blinds and the vertical
drapes open since morning, something that I haven't been able to do for months, probably
since late April.The thermometer was still just under 80 at midmorning and this afternoon a reading of 90, you have to have resided here to understand how significant this feels.

And what aural relief, to not have the constant running sound of the air/conditioner
soiling every sound from music to conversation. Silence again regains its full quality of
soothing relaxation and deliverance from our decibel laden existence.

There are periods of sunshine, but the absences are dominating and how welcome that is also
after the searing summer.

The ground shows evidence of overnite showers but they did not waken me. The air is quiet
too as though fatigued from all the effort in our stormy desert hoobabs and monsoons since
that seasonal period made the annual visit.

I am past ready for fall.

I am ready to fling open the doors and not close them until nightfall.

I am ready to not have life controlled by the temperatures.

I am ready to again be free to breakfast outside.

I am ready to replant and have a greater chance for results that will last more than three
months.

I am ready to shrug at the landscape losses of the summer and go forward.

Here I feel just as renewed in the fall, perhaps moreso, than in the spring. Like having spring happen twice.

Although this early signal may not signify an early fall, it will serve as a strong
affirmation that change always arrives.

REJOICE!


graysmoke


(P.S. - at the link below you can find out meterological singularities affecting the Arizona desert areas and familiarize yourself with what haboobs and gustnadoes are:)

http://geography.asu.edu/aztc/monsoon.html#haboob

Wednesday, August 22, 2007

Latest Twist on Faith Based Funding? lol

Thought you had heard it all, had you?

http://www.washingtonpost.com/wp-dyn/content/article/2007/08/21/AR2007082102106.html?wpisrc=newsletter


U.S. Uncovers Iraq Bribe CaseAuthorities Look to Army Major, Family for Missing $9.6 Million
By Dana HedgpethWashington Post Staff WriterWednesday, August 22, 2007; Page D01


U.S. officials call it the largest bribery case to come out of the Iraq war. But where did the $9.6 million go?
Prosecutors say an Army major from Texas who worked as a contracting officer took bribes from military contractors, having his wife and sister collect money on his behalf. Investigators allege the three received $9.6 million and expected to get $5.4 million more from at least eight contractors for giving them favorable contracts.
Maj. John L. Cockerham, 41, of San Antonio, was charged with conspiracy, money-laundering and bribery. Cockerham's wife, Melissa, 40, also of San Antonio, and his sister, Carolyn Blake, 44, of Sunnyvale, Tex., were charged with money-laundering and conspiracy. All three have pleaded not guilty.
With $44 billion spent so far on the reconstruction of Iraq after the U.S.-led invasion in 2003, relatively few corruption cases have surfaced, and none rivals this one. The office of the Special Inspector General for Iraq Reconstruction has found cases of fraud that led to 13 arrests. Eight cases await trial, and 26 others are under investigation by the Justice Department. Federal authorities said they expect to arrest more civilians and military personnel in similar schemes.
The Cockerhams and Blake were arrested in late July after investigators searched the Cockerhams' house at Fort Sam Houston in San Antonio and allegedly found evidence linking them to the bribery scheme. Aspects of the case read like a spy novel: a briefcase with $300,000 in cash in a Kuwaiti parking lot; handwritten ledgers that identify money sources with code names like Destiny Carter; and instructions telling co-conspirators to, in a pinch, toss safe-deposit keys out a window, stash key documents in the bosom and, lastly, destroy the instructions.
Defense attorneys, however, say the Cockerhams and Blake are hardworking, church-going people. The Cockerhams have confessed to taking money in exchange for the awarding of contracts, according to an affidavit from an Army criminal investigator, but put the amount at a little more than $1 million. Blake told investigators the money was to be used to set up a church, according to the affidavit.
It is unclear whether the Cockerhams have since tried to disavow their alleged confessions, and John Cockerham's attorney, Jimmy Parks Jr., would not comment on the case or his strategy. Two of the eight contractors identified so far are Kuwaiti companies. Prosecutors have not said who the other firms are or where they are from.
Investigators have so far identified $415,000 of the $9.6 million allegedly paid out -- including a receipt for a $240,000 deposit in a safe-deposit box at Jordan National Bank and $175,000 from a Bank of America account that Cockerham allegedly intended to draw funds on using an ATM card.
With the rest of the money unaccounted for, some white-collar crime experts say, defense lawyers could present their case almost as if it were a murder trial without a body. "You don't have the money, much like you don't have a body," said Peter J. Henning, a law professor at Wayne State University. "You don't have to have it, but it helps to have the cold, hard cash."
By all accounts, the Cockerhams had not recently gone on any visible spending sprees. As of July 31, the most recent hearing in the case, the couple owed $13,000 in car payments and were driving a 2004 Toyota minivan and 1993 Isuzu pickup. John Cockerham reported an additional $54,000 in debt, in part from credit cards and student loans.
Parks said after the hearing that his client was sent to Kuwait as a contracting officer "ill-prepared and ill-equipped to handle the situation."
"How can a guy that low on the totem pole be the only one sitting in the courtroom without anyone else?" Parks said.
CONTINUED
Page 2 of 3 <>
U.S. Uncovers Iraq Bribe CaseThe Cockerhams and Blake were charged in a criminal complaint, but a grand jury could issue a formal indictment, perhaps as soon as today, according to sources close to the case. Cockerham's bribery charge alone carries up to a 15-year sentence, according to the Justice Department. The money-laundering and conspiracy charges carry up to 20 years and 5 years, respectively. For now, Blake is free on bond and the Cockerhams are being held at Central Texas Federal Detention Facility in San Antonio. .
The case seems far removed from Castor, La., population 212, where John Cockerham grew up. When Cockerham's parents met, they had five children between them. Together, they had 12 more.

Maj. John L. Cockerham, deployed to Camp Arifjan near Kuwait City in June 2004, was given the authority to approve contracts up to $10 million. (Photos By John Davenport -- The San Antonio Express-news Via Associated Press)
The family squeezed into a four-room house, according to interviews with Cockerham's sister Tammie Griffin of Shreveport and his cousin Carlos Cockerham. His parents slept in one bedroom, the sisters in the other. John and his brothers slept on mattresses in the living room. When it was hot, his sister said, John sometimes put a mattress on top of a car outside to take in summer breezes.
After graduating from high school with a desire to get a college education and see life beyond Castor, family members said, Cockerham enlisted in the Army and eventually found himself working as a dental specialist. Two years later, while stationed at Fort Knox, Ky., he married Melissa Jordan, a soldier from Elizabethtown, Ky.
With an ROTC scholarship, Cockerham earned a bachelor's degree at Northeastern Louisiana University in 1993 and left college as a commissioned officer. By 2004, he had picked up a master's degree in business and procurement and was living in San Antonio.
Cockerham was deployed to Camp Arifjan, near Kuwait City, in June 2004. He worked in a trailer with 27 soldiers and civilians and was given the authority to approve contracts for as much as $10 million. The Iraq war, then into its second year, was expanding contracting needs faster than the military could fully staff offices like the one in Kuwait.
According to court documents, the owner of Trans Orient General Trading in Kuwait allegedly offered Cockerham a bribe for a lucrative contract to supply bottled water. Prosecutors allege that the owner of Trans Orient and another man linked to the company met Cockerham in June in a parking lot of the Kuwaiti military base where he worked. The two men allegedly showed him a briefcase containing $300,000 cash and said it was a "good-faith" payment, with more to follow. Cockerham did not take the cash, but authorities say it was later deposited in a bank account to which Cockerham had access.
A short time later, one of the men approached Cockerham, saying he knew how he could "make some more money" with a different vendor, Green Valley Co. of Kuwait. This was followed by another alleged parking-lot meeting, in which court documents say one of the men showed Cockerham a briefcase with $300,000 in cash. Again, Cockerham didn't take the money but was allegedly told by the man that it would be placed in a U.S. bank account for him.
On Oct. 18, 2004, Cockerham signed a contract with Green Valley.
Blake, his sister, came to Kuwait in the fall of 2004 at Cockerham's suggestion that she could make more money living in Kuwait than she earned as a substitute school teacher and mall security guard just outside Dallas, investigators and Blake's lawyers said.
Robert Wilson, an attorney for Blake, confirmed that she moved to Kuwait, where she worked in sales and marketing for a Kuwaiti telecom company, earning $50,000 a year, and enrolled her two teenagers in private schools.
Also in 2004, Melissa Cockerham went to visit her husband. It was then, according to the U.S. government, that one of the first bribes was paid. While Melissa Cockerham was staying at a hotel in Kuwait, she received a call from her husband saying that someone would pick her up and take her to a bank where she could open an account and a safe-deposit box, according to the Army investigator's affidavit.
Page 3 of 3
U.S. Uncovers Iraq Bribe Case
The next day, someone showed up with a shopping bag containing $800,000 in U.S. and Kuwaiti bills, the affidavit said. The unidentified man took her to a bank in Kuwait where she deposited the money into a safe-deposit box.
Authorities said Melissa Cockerham subsequently went home to Texas but returned to Kuwait for a similar mission in 2005, this time arriving with her sister and the three Cockerham children. She left her children with her sister in Kuwait and allegedly traveled to Dubai with a woman her husband had introduced her to.
In Dubai, the woman gave her a bag with $500,000 in Emirati and U.S. currency, and took her to a bank, where she opened a safe-deposit box and deposited the money, Melissa Cockerham told authorities, according to the affidavit.
She said her husband arranged the meetings with such people, including the woman in Dubai, who John Cockerham thought was the sister of the president of a U.S. company that did government contract work. Melissa Cockerham told authorities she did not want to ask her husband "too many questions."
At some point, according to the affidavit, John Cockerham started keeping a handwritten ledger of money given to him or to other people for him. Blake also kept a ledger of the $3.1 million she allegedly collected on her brother's behalf. Blake apparently used a code to identify people who paid her, writing amounts next to a variety of assumed names -- for example, Mr. & Mrs. Pastry: $340,000.
Blake's ledger, which has been seized by government authorities, also shows she took her cuts. One note read: "Carolyn's 10 %."
According to the investigator's affidavit, Blake acknowledged that she kept a ledger, but she says it was for a different purpose. She said she wanted to start a church in Africa. On a trip to South Africa, she visited a school for poor girls funded by television star Oprah Winfrey. Blake says she was inspired to do something similar, according to Wilson, her attorney. "She thought this was a calling from God," Wilson said.
Blake said her brother gave her the names of people who might want to contribute, the affidavit says. Blake said she called them and they made pledges, which she recorded on the ledger. Her attorney said she never got a dime.
Cockerham returned to San Antonio in December 2005 and was on temporary duty at Guantanamo Bay for three months at the end of 2006. On Dec. 21, 2006, investigators searched his house and found the ledgers, as well as papers showing Melissa Cockerham had opened a bank account in the Caribbean. In separate interviews on the day of the search and the day after, Cockerham and his wife admitted to the scheme, according to the affidavit. Their versions of what happened differ, however, casting more confusion on where the money went.
Melissa Cockerham said the $800,000 payment that she picked up in 2004 went to a safe-deposit box in Kuwait; John Cockerham said it went to a box in Dubai. Melissa Cockerham said the payment she collected in 2005 was $500,000 that went to a safe-deposit box in Dubai; her husband said it was $300,000 in a safe-deposit box in Kuwait.
After the home search and his discussions with authorities, Cockerham made efforts to maintain a normal life. In May, he started a nonprofit called God Anointed You Church in San Antonio. In July, he and his wife visited his home town of Castor, where they had their two sons baptized at New Friendship Baptist Church.
When they returned to San Antonio on July 22, John and Melissa Cockerham were arrested by federal authorities and charged in connection with the scheme. They were living in a new house on the base, which authorities searched. Among the items found this time were incriminating e-mails from John Cockerham, some dated as recently as July 10, and other documents that, according to the government, reflected an effort to cover up the scheme. The documents appeared to offer advice to co-conspirators on how to cover their tracks.
At a July 31 hearing, prosecutors argued that the Cockerhams were flight risks. The judge agreed, denied them bail and ordered the couple back to jail. They were re-shackled and shuffled out of the courtroom -- Melissa expressionless, John looking at friends and family members and giving a faint smile. As he walked out, his sister Mabel lowered herself to her knees, turned around, leaned on a courtroom pew and began to pray.
Staff researcher Meg Smith contributed to this report.


© Copyright 1996-2007 The Washington Post Company User Agreement and Privacy Policy Rights and Permissions ###############

Give and inch and they take a mile.......ahhh this faith based funding scheme should be a reminder of how important the Constitution is ........ and where were the accountants all this time?A new image of Bag Ladies.......hmmm do they have shopping carts in Kuwait or Dubai.

Every one in unison now: Tra La La "Where have all the dollars gone.............sing along everybody.


graysmoke

Monday, August 20, 2007

Practice Your Slippery Slope Skills

The housing mess in real life terms:

http://www.nytimes.com/2007/08/20/business/20taxes.html?em&ex=1187755200&en=f7a1269ba284eef5&ei=5087%0A


After Foreclosure, a Big Tax Bill From the I.R.S.


By GERALDINE FABRIKANT
Published: August 20, 2007

Two years ago, William Stout lost his home in Allentown, Pa., to foreclosure when he could no longer make the payments on his $106,000 mortgage. Wells Fargo offered the two-bedroom house for sale on the courthouse steps. No bidders came forward. So Wells Fargo bought it for $1, county records show.
Mouser, a 65-year-old widow in Texas, received a $10,000 tax bill after foreclosure on her loan to pay off credit-card debt. Despite the setback, Mr. Stout was relieved that his debt was wiped clean and he could make a new start. He married and moved in with his wife, Denise.
But on July 9, they received a bill from the Internal Revenue Service for $34,603 in back taxes. The letter explained that the debt canceled by Wells Fargo upon foreclosure was subject to income taxes, as well as penalties and late fees. The couple had a month to challenge the charges.
For those who struggle to pay their bills, who watch their housing payments rise out of reach with their adjustable-rate mortgages, who lose a job or who fall victim to illness, losing one’s home can feel like hitting bottom. But one more financial indignity may await as the fallout from the great housing boom ripples across the United States.
“Getting that tax bill,” Mrs. Stout recalled, “my first thought was that I needed to see my family doctor to help me with my stress, because we had a big mortgage and other debt and then here came the I.R.S. saying we owe this.”
Notices of unpaid taxes, unanticipated and little understood, will probably multiply as more people fall behind on their mortgages, said Ellen Harnick, senior policy counsel at the Center for Responsible Lending, a nonpartisan research and policy center in Durham, N.C.
Foreclosure is one way that beleaguered homeowners can fall into this tax trap. The other is when homeowners are forced to sell their homes for less than the value of the mortgage. If the lender forgives that difference, they are liable for income taxes on that amount.
The 1099 shortfall, as it is called, stems from an Internal Revenue Service policy that treats forgiven debt of all types as income even if the taxpayer has nothing tangible to show for it, unless the debt is canceled through bankruptcy.
The Center for Responsible Lending expects that 20 percent of the home loans made in 2005 and 2006 to people with weak credit, commonly called subprime loans, will end in foreclosure. Because so little money was required as a down payment during the boom, the value of many of these houses may be less than what is owed.
Some people in this predicament are fighting the I.R.S. and winning. Sometimes, lower payments can be negotiated with the I.R.S., tax experts say.
In other cases, bankruptcy or a claim of insolvency can eliminate the tax burden. Sometimes, the bills are sent out erroneously, as banks fail to keep track of home values and what price the properties ultimately sell for.
“The tax laws are far too complex for borrowers to understand,” said Kurt Eggert, a professor at Chapman University School of Law, noting that there are distinctions between selling a house for less than the loan amount and losing one in foreclosure. He says it is crucial to get expert tax advice to sort through the bewildering complications.
The whole concept can be counterintuitive. “Your home has declined in value and you lose it,” Mr. Eggert said. “Then the I.R.S. says you owe tens of thousands in taxes because you got a windfall when the debt was forgiven.”
Mr. Stout has suffered doubly from the downturn in the housing market. He earned $65,000 last year as a salesman for a roofing company. But last winter, his job was cut from a salaried position to an hourly one. Then his hours were reduced, as construction demand eased. Through July he had earned only $25,000, said his lawyer, Stephen G. Doherty, of Bennett & Doherty in Doylestown, Pa., putting him on pace for a pay cut over all this year.
Mr. Doherty set out to appeal the Stouts’ tax bill by arguing that Wells Fargo got the home as collateral so the family did not reap a benefit. The Stouts and their lawyer also hoped to show that Wells Fargo was able to sell the house for far more than $1. Finally, they contended that penalties were inappropriate because they did not receive a tax notice in 2005 or 2006.
After a reporter inquired about the Stout matter, Wells Fargo Home Mortgage said last week that it had reviewed the Stouts’ tax documents and was filing a corrected 1099 tax form to show that no debt had been canceled, because the fair market value of the home was actually more than Mr. Stout had owed.

(Page 2 of 2)

Mr. Doherty, the Stouts’ lawyer, pointed out that the acquiring lender, in this case Wells Fargo, has some leeway in valuing a house. The fair market value can be the high bid at a sheriff’s sale, or an alternative valuation.
In this case, Wells Fargo’s about-face was tied to an appraisal that Mr. Doherty says he believes was completed before the sale. It set the value of the house at $132,844, eliminating the Stouts’ liability. (Lenders do periodic appraisals once a property is in default, Mr. Doherty said.)
The Stouts found in county records that Wells Fargo had sold the house to U.S. Bank for $106,000 — the same amount Mr. Stout had owed — in March 2006. The house was resold that month for $140,000.
An I.R.S. spokesman would not comment on the Stout matter or how the agency applies the tax rules on forgiven debt, but referred to a document on the I.R.S.’s policies.
Diane Thompson, a lawyer in Godfrey, Ill., for the National Consumer Law Center, says the tax can be a real hardship for some people.
She recalled a client who owed $39,000 to her lender and got a tax bill after her house was sold in foreclosure for $10,000. Ms. Thompson appealed to tax authorities, contending that her client, a part-time waitress, was broke because her debts were greater than her assets.
“If you can prove you are insolvent, the I.R.S. does not treat the forgiveness of debt as income,” Ms. Thompson said. Her client did not have to pay.
Lawyers may also be able to show that the original loan process was so flawed that the borrower is not liable for taxes. Indeed, during the real estate bubble, lenders and mortgage brokers sometimes encouraged homeowners to borrow more based on inflated home values.
Such was the case with Agnes Mouser, a 65-year-old widow who works in the records department in a Houston prison. In 2000, she sought to pay off her credit-card debt with a loan from Beneficial Finance, which sent an appraiser to assess the value of her home.
“A real nice young man came out to see me,” Mrs. Mouser recalled. “He could have been my grandson.”
That appraiser compared her 1977 mobile home with two new standard homes with two-car garages. Using those homes as benchmarks, Beneficial agreed to lend $34,730 on her home, valued at $43,500, in 2000. Mrs. Mouser’s loan carried an interest rate of 14.88 percent, and she paid 7 points, or $2,431, at closing to get that rate, along with $270 to Beneficial for the appraisal.
A spokeswoman for HSBC, the parent company of Beneficial, said it did not comment on matters involving specific customers.
In 2003, when Mrs. Mouser could not meet the payments, she contacted Ira D. Joffe, a lawyer in Houston. He found that her property was valued by the county at $19,970, less than half of what Beneficial had estimated.
“I promised to depose the appraiser’s Seeing Eye dog if there was a lawsuit,” Mr. Joffe recalled telling Beneficial.
Beneficial released the lien. But then Mrs. Mouser got a tax bill for $10,000, or the amount owed on the $29,566 that Beneficial had treated as a canceled loan.
“The tax bill scared her to death,” Mr. Joffe recalled. “It took a letter from an accountant and two letters from me to get the I.R.S. to go away.”
#############

Watch out for the market avalanches. That volatility you've been witnessing on Wall Street is just the tip of the proverbial iceberg.



graysmoke

Monday, August 13, 2007

King of the KoolAid Kulture

Hurrah, King Karl has declared he will resign at the end of August. Why do I call him the KKK of politics? Obvious. Feed the uninitiated enough lies and you can get them to do anything. Like getting a totally incompetent politician elected governor of a state and then president of the country. And as further comment on the state of mind - add to that, he was hailed by those same right wingers as a genius and the media regurgitated that over and over until it was a generally accepted description not a bit supported by any facts. He was a faker even in college.


His resignation is another purely political move, he is capable of nothing else. The family baloney almost a given for any R to the right of center.

Most likely it may be dawning on some awakening idiots (especially those up for re-election) that he has done irreparable damage not only to the R party but to the country.

Careful you are not caught in the party and media spin on this one, it will be a force five storm.

Something to fill the remaining dog days of summer.


graysmoke

Wednesday, August 01, 2007

HOLD YOUR NOSE-------

More odorous news from the smelly Justice Department:



http://www.washingtonpost.com/wp-dyn/content/article/2007/07/31/AR2007073102163.html?wpisrc=newsletter

Attorney Became Target After Rebuffing Justice Dept.

By Amy Goldstein and Carrie JohnsonWashington Post Staff WritersWednesday, August 1, 2007; Page A01


The night before the government secured a guilty plea from the manufacturer of the addictive painkiller OxyContin, a senior Justice Department official called the U.S. attorney handling the case and, at the behest of an executive for the drugmaker, urged him to slow down, the prosecutor told the Senate Judiciary Committee yesterday.

John L. Brownlee, the U.S. attorney in Roanoke, testified that he was at home the evening of Oct. 24 when he received the call on his cellphone from Michael J. Elston, then chief of staff to the deputy attorney general and one of the Justice aides involved in the removal of nine U.S. attorneys last year.

Brownlee settled the case anyway. Eight days later, his name appeared on a list compiled by Elston of prosecutors that officials had suggested be fired.

Brownlee ultimately kept his job. But as Attorney General Alberto R. Gonzales confronts withering criticism over the dismissals, the episode in the OxyContin case provides fresh evidence of efforts by senior officials in the department's headquarters to sway the work of U.S. attorneys' offices.

Justice Department officials said it was not unusual for senior members to weigh in on major criminal cases, and a spokesman, Dean Boyd, said the department "encourages healthy internal debate and discussion on complex cases like this one."
Several former federal prosecutors also said that defense attorneys routinely try to appeal to high-ranking department officials in an effort to derail prosecutions. Still, Brownlee and other former prosecutors said nighttime calls such as Elston's, coming just hours before the end of a long, complex case, are unorthodox, particularly when the department's criminal division already has signed off on a case.

Brownlee said the head of the criminal division had authorized him that afternoon to execute the plea agreement. In his testimony and in an interview afterward, Brownlee recounted that he asked Elston whether he was calling for his boss, Deputy Attorney General Paul J. McNulty, and Elston replied, "No."

"I told him to leave it alone, to go away," Brownlee said, "and he did."

But Elston's attorney, Robert N. Driscoll, said his client had telephoned Brownlee at the direction of McNulty, who that evening had received an appeal for more time by Mary Jo White, a defense lawyer representing an executive for OxyContin's manufacturer, Purdue Pharma. White is a former Manhattan U.S. attorney.

A Justice official, who spoke about internal deliberations on the condition of anonymity, also said McNulty had asked his chief of staff to place the call.

Elston was McNulty's top aide until he stepped down in June amid the controversy over the prosecutors' firings. McNulty also has resigned, effective Friday, becoming the sixth senior aide to Gonzales involved in the controversy to leave the department in recent months.

Brownlee -- who testified that he had not received negative performance reviews -- said that he was "concerned" about his name appearing on the firing list and that he spoke to McNulty about it. "He assured me that Mr. Elston was a good man," Brownlee said. "I had my own views."

In addition to assembling the Nov. 1 list of five prosecutors, including Brownlee, who were recommended for dismissal, Elston also played a controversial role in trying to quell the political uproar after the firings took place. Four of those prosecutors have told Congress that Elston warned them that Gonzales might criticize them in public if they spoke out about the circumstances of their removal.

Yesterday, Driscoll said on Elston's behalf that there was no connection between Brownlee's appearance on a firing list and the fact he had settled the case the next day in spite of Elston's call for more time. Driscoll said that the Nov. 1 list reflected recommendations his client had received from others in the administration, not his own views.

The OxyContin case arose from a four-year investigation into the marketing of a powerful drug that was, according to federal drug officials, a direct or partial cause of 146 deaths in 2000 and 2001 and possibly in 318 others during that period.

After the settlement agreement last fall, prosecutors in May announced a $635 million plea agreement with Purdue Pharma. Under its terms, the company entered a guilty plea to a single felony count, and three former officials pleaded guilty to misdemeanor charges. The terms were criticized as too lenient, both by consumer advocates, such as Public Citizen's Health Research Group, and Arlen Specter (Pa.), the Senate Judiciary Committee's ranking Republican.

Two former Justice Department officials from Democratic administrations and one from a Republican administration said that headquarters officials sometimes called U.S. attorneys' offices to relay concerns from defense lawyers, particularly in sensitive cases where defendants had made elaborate presentations to avert indictment. Two weeks before the plea agreement, lawyers for Purdue Pharma and the former executives met with criminal division officials, including a McNulty aide, people involved in the case said.

Others said Elston's timing and message were atypical. "Normally, there's a lot of deference given to U.S. attorneys in matters of timing," said Michael R. Bromwich, a former Justice Department inspector general. "The kind of micromanagement that this suggests could easily have a chilling effect in some circumstances."

###########

Uh, pardon my curiosity ( not numbed by the odors) - is it likely the poster boy had a finger in this? And no, I don't mean AG but RL.


graysmoke