From NBC's Mark Murray

We've devoted a lot of ink -- er, bandwith -- to discuss the elections taking place this year. The race for Virginia governor. New Jersey's gubernatorial contest. And the ongoing NY-20 special election. But we haven't spent too much time on New York's mayoral race, mainly because it appears that Mike Bloomberg is going to cruise to re-election after getting the city to overturn its term-limits law.

Well, Bloomberg was in DC yesterday for President Obama's signing of the bipartisan Ted Kennedy Serve America Act -- an event that also included two presidents (Obama and Bill Clinton), two first ladies (Michelle Obama and Rosalyn Carter), and bipartisan members of Congress.

In fact, it was Bloomberg's second trip to the Obama White House (earlier, he talked infrastructure with Obama).

Of course, the New York mayor's trip to the White House comes after Bloomberg announced that he would run for re-election as a Republican, and after meeting with GOP leaders like RNC chairman Michael Steele.

From NBC's Mark Murray
Terry McAuliffe's gubernatorial campaign announced today that former President Bill Clinton will campaign for McAuliffe on Monday, April 27 in Richmond and Roanoke.

"We're thrilled to have President Clinton join Terry on the campaign trail," McAuliffe campaign manager Mike Henry said in a statement. "As a former governor and close friend of Terry's, he'll talk with Virginians about why Terry is best suited to turn Virginia's economy around. And as America's last great job-creating president, he'll help make the case as to why Terry will be Virginia's next great job-creating governor."

For more on the Virginia governor's race, check out this video piece done by one of us...

From Chuck Todd, Mark Murray, and Domenico Montanaro
*** Leaving the door open: The big news from yesterday was that President Obama left the door open to the possible prosecution of Bush administration officials who drafted memos permitting certain kinds of controversial interrogations like waterboarding, and Obama also didn't rule out a possible 9/11 Commission-like panel to investigate the matter. Let's be clear: Obama's position here was a reversal from what we heard Chief of Staff Rahm Emanuel say over the weekend. The new position also leaves the door open to plenty of additional questions: Whom do you prosecute? Does a special commission that investigates work in secret (sort of) get more participants from the Bush administration to testify? And if so, does the lack of transparency become an issue? But if the Obama White House is taking off the table prosecuting the interrogators -- but not the lawyers who drew up the law -- then what? Does it stop at the Bush Justice Department or keep going higher? The Obama administration's instinct is not to look backward. It's a phrase the president uses all the time for a lot of issues. But he's reluctantly leaving the door open. The ball is now in Congress' court. And Eric Holder's, too.

Video: Obama leaves the door open to investigating Bush administration officials over interrogation techniques.  

*** Yielding "high value information": Here's perhaps a reason why Obama was so hesitant initially about getting dragged into this debate over interrogation: Obama's intelligence director Dennis Blair "told colleagues in a private memo last week that the harsh interrogation techniques banned by the White House did produce significant information that helped the nation in its struggle with terrorists," the New York Times says. Blair later released this statement: "The information gained from these techniques was valuable in some instances, but there is no way of knowing whether the same information could have been obtained through other means. The bottom line is these techniques have hurt our image around the world, the damage they have done to our interests far outweighed whatever benefit they gave us and they are not essential to our national security."  
 
*** You say it's your Earth Day… it's my Earth Day, too: President Obama on this Earth Day hits the road to yet another presidential battleground state -- this one Iowa, the state where it all began for Obama. Per the White House, Obama will tour and meet with workers at Trinity Structural Towers, a former Maytag plant that now houses a green manufacturing facility producing towers for wind energy production in Newton, IA. After the tour, Obama will deliver remarks on energy at 3:15 pm ET. All of this is yet another way Obama is trying to tie energy to the economy.

*** Republicans vs. Republicans: We've already marked our calendars for next year's Specter-Toomey showdown in Pennsylvania, which has emerged as THE Republican primary to watch in 2010. And now we're marking our calendars again. At 2:30 pm ET today in Phoenix, Chris Simcox, a founder of the Minutemen, will announce he's challenging John McCain in a GOP primary for McCain's Senate seat. The race will obviously feature immigration (McCain supports a path for citizenship for illegal immigrants, and Simcox presumably doesn't). But more than that, the contest -- like the Specter-Toomey rematch -- will represent a battle for the hearts and minds of Republicans at a time when they find themselves out of power. Is the Republican Party big enough to support moderates hailing from blue and purple states? Or is it strictly an anti-tax, anti-spending, anti-abortion, and anti-immigration party?

*** A step forward -- or a step backward? Indeed, plenty of conservatives see 2010 as a good time to try and purge the party of its moderates or non-conventional conservatives like Specter and McCain. "Something very real [is] going on," one of them emailed First Read. But what if both incumbent senators lose their primaries, but the conservative nominees lose the general? Is that a step forward for the conservative wing of the GOP or a step backward? In 2008, the conservative Club for Growth -- which Toomey led until recently -- helped create three House nominees (in MI-07, MD-01 and ID-01), and all three lost in the generals...

*** Flashback time: Speaking of Pennsylvania and primaries… A year ago today, Hillary Clinton defeated Barack Obama in the Democratic presidential primary in Pennsylvania. Time sure flies by, huh?

*** Breaking news: David Kellermann, Freddie Mac's acting chief financial officer, was found dead at his home in Northern Virginia. Police say he apparently committed suicide.

Video: Kellermann was found dead at his home this morning.

*** Corzine trailing: There's a new Quinnipiac poll showing New Jersey Gov. Jon Corzine (D) trailing Chris Christie (R) by seven percentage points, 45%-38%. As bad as things look for the GOP nationally, Campaign 2009 doesn't look so grim, although it will be a disappointment for them if they end up losing NY-20. Both gubernatorial races in the blue/purple states of New Jersey and Virginia and are winnable. As for New Jersey, we've said it before: If Republicans can't figure out how to win this race in this political environment, then maybe the party ought to close up shop in the Garden State. 

Countdown to Obama's 100th day: 7 days 
Countdown to NJ GOP primary: 41 days
Countdown to VA Dem primary: 48 days
Countdown to Election Day 2009: 195 days
Countdown to Election Day 2010: 559 days

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The New York Times is chock-full of pieces that advance the interrogation story. From the front page: "In a series of high-level meetings in 2002, without a single dissent from cabinet members or lawmakers, the United States for the first time officially embraced the brutal methods of interrogation it had always condemned. This extraordinary consensus was possible, an examination by The New York Times shows, largely because no one involved -- not the top two C.I.A. officials who were pushing the program, not the senior aides to President George W. Bush, not the leaders of the Senate and House Intelligence Committees -- investigated the gruesome origins of the techniques they were approving with little debate." 

Inside, the Times writes about the White House backtracking on possibly prosecuting the former Bush administration officials who authored the interrogation memos. "The comments knocked the ordinarily smooth White House press operation back on its heels. Mr. Obama's press secretary, Robert Gibbs, spent much of his daily briefing on Tuesday being peppered with questions about precisely what Mr. Obama had meant, declaring at one point, 'To clear up any confusion on anything that might have been said, I would point you to what the president said.'"

"The White House's shifting comments in recent days provide a glimpse into its struggle to deal with one of the thorniest issues Mr. Obama has faced since taking office. That issue has turned all the more prickly for him since his decision to release previously secret memorandums detailing the harsh tactics used by the C.I.A. under President George W. Bush -- memos revealing that, for instance, two captured operatives of Al Qaeda were subjected a total of 266 times to a form of near drowning known as waterboarding." 

And per a third NYT story: "President Obama's national intelligence director told colleagues in a private memo last week that the harsh interrogation techniques banned by the White House did produce significant information that helped the nation in its struggle with terrorists. 'High value information came from interrogations in which those methods were used and provided a deeper understanding of the al Qa'ida organization that was attacking this country,' Adm. Dennis C. Blair, the intelligence director, wrote in a memo to his staff last Thursday."   

Last night, Blair released the following statement: "The information gained from these techniques was valuable in some instances, but there is no way of knowing whether the same information could have been obtained through other means. The bottom line is these techniques have hurt our image around the world, the damage they have done to our interests far outweighed whatever benefit they gave us and they are not essential to our national security."

The AP has more on the White House's reversal on possibly prosecuting the former Bush administration officials: "In a flash, the story was not Obama's decision, but whether he had changed his position. The White House said no, but struggled to explain why not. So what happened?  Outside forces, some muddled communication within a tight-ship White House, and a president determined to try to get the debate back on his terms."

More: "White House chief of staff Rahm Emanuel said over the weekend the administration did not support prosecutions for "those who devised policy." Aides later said he was referring to CIA superiors who ordered the interrogations, not the Justice Department officials who wrote the legal memos allowing them." 

Politico: "The Pentagon's senior military leaders are worried that the security situation in Afghanistan is stalemated or deteriorating, and now are preparing a far-reaching plan that would prepare the U.S. military for a war that could last three to five more years, officials said."

According to the AP, "President Barack Obama travels to Iowa today with Agriculture Secretary Tom Vilsack. The president and the former Iowa governor will visit a former Maytag plant that now houses a manufacturing facility that produces towers for wind energy production."

The Des Moines Register adds,  "Heather Zichal, a top aide on Obama's energy team, said the president would urge Congress to pass a bill that commits $15 billion annually for 10 years to the renewable-energy industry. 'Go back to this plant in 10 years and, once we get this comprehensive energy and climate legislation through, they will see a dramatic rise in the number of employees,' said Zichal, deputy assistant to the president in the Office of Energy and Climate Change Policy. 'We're not suggesting we would completely fill this hole, but we're making dramatic improvements and steps in the Obama administration to get there.'"

"The money that Obama is seeking in energy legislation would provide longer-term support for clean-energy jobs than the $500 million contained in the federal economic stimulus package, White House officials said." 

Another nugget in the story: "The Des Moines Register's most recent Iowa Poll, taken three weeks ago, showed 64 percent of Iowans approved of the job the new president was doing, down from 68 percent in January."

As reporters try to assess Obama's first 100 days, Norm Ornstein reminds us to not forget the next 100. "A presidency is four or eight years, either a marathon or a triathlon. Measuring progress after the first 100 yards can be very misleading," he writes in Roll Call. He does, however, have some good questions to ask when assessing those first 100.

The AP checks in on Hillary Clinton's early tenure as Secretary of State: "When President Barack Obama chose Hillary Rodham Clinton to be his secretary of state, skeptics foresaw trouble: a clash of ego and ambition, a conflict of policy priorities between former campaign rivals. It hasn't worked out that way. He has taken the lead on foreign policy and she has dutifully followed. Rather than light her own torch, she has chosen to be a team player, deferring to Obama in public while keeping her advice strictly private. The cohesion suggests the two share a common view of how best to put foreign policy tools to work. Of course it's still early. The toughest choices -- and gravest crises -- in foreign affairs likely lie ahead."

"Rep. Jane Harman (D-Calif.) on Tuesday barreled into the second day of her fledgling scandal -- touched off by reports of a wiretapped conversation she had in 2005 with a suspected Israeli agent -- by trying to turn the tables on government eavesdroppers," Roll Call writes. "The veteran California lawmaker reportedly agreed on that phone call to seek leniency for two accused spies in return for help in lobbying Speaker Nancy Pelosi (D-Calif.) for the House Intelligence Committee gavel. But Harman fought back Tuesday with a media blitz, aggressively denying charges she did anything inappropriate and calling on the Justice Department to probe the wiretap and the leak behind the news accounts." 

Here's a bit of awkward timing, the Washington Post notes. "The American Israel Public Affairs Committee had some awkward timing when it sent out invites this afternoon across Capitol Hill for its annual policy conference in Washington, which opens May 3. In the very first panel discussion, the committee will be hosting Rep. Jane Harman (D-Calif.) to discuss "an insider's look at the Middle East", along with an Israeli Air Force officer and former CIA director R. James Woolsey."

"The notice went out just as Harman stepped up her battle against accusations, coming from anonymous current and former administration officials, that she agreed to push for lenient legal treatment to two former AIPAC lobbyists who were later indicted for espionage violations."

Kathleen Sebelius's nomination to head HHS cleared the Senate Finance Committee yesterday and now moves to the Senate floor. But, Politico notes, she "got roughed up on Capitol Hill on Tuesday by Republicans who saw her as a target for venting their uneasiness over health care reform. Eight GOP senators opposed Sebelius' nomination in the Finance Committee, with some apparently testing arguments to use against President Barack Obama's broader health care platform."

Roll Call also wonders whether the Sebelius opposition is a precursor of the fights ahead for health-care reform.

"A Congressional panel is expected to approve legislation on Wednesday that would curb high credit card fees and penalties assessed by many banks that have benefited from the federal government's financial bailout program. The pro-consumer bill, which would mean sweeping changes for banks that issue cards, is an important test of the political will of Democrats who are pushing for U.S. financial regulation reform. The bill-writing session by the House Financial Services Committee takes place one day before top executives of big banks and credit card companies meet with President Barack Obama, who campaigned for credit card reforms."

We should have mentioned this yesterday, but Mitt Romney blasted Obama in a National Review op-ed entitled: "A Timid Advocate of Freedom: President Obama has failed his early foreign-policy tests."

In it, Romney concludes, "Vice President Biden was right that the new president would be tested early in his administration. What the world learned was not good news for freedom and democracy. The leader of the free world has been a timid advocate of freedom at best. And bold action to blunt the advances of tyrants has been wholly lacking. We are still very early in the Obama years -- the president will have ample opportunity to defend America and freedom, and to deter nuclear brinkmanship. I am hoping for change."

The Washington Post's Cillizza observes that this op-ed moves Romney beyond his normal comfort zone with domestic issues. It's "a recognition by Romney that if he wants to be the Republican presidential nominee in 2012 he needs to fight Obama on all fronts -- foreign and domestic."

The DNC has a new Web video poking fun at the new faces -- er, old faces -- of the Republican Party who are criticizing the Obama administration. "Meet the new GOP, same as the old GOP," the Web ad concludes. 

The Star Tribune writes that Al Franken's lawyers have asked the Minnesota Supreme Court to hear Norm Coleman's appeal as quickly as possible. "'Because of the important public policy concern of ensuring that the interests of the citizens of Minnesota are properly represented in Congress, this appeal should be expedited,' Franken lawyer David Lillehaug said in a motion to the court… Franken's proposed schedule would require Coleman to deliver the trial transcript to the high court no later than today and to submit his brief by Monday. Franken would then submit his own brief by May 2, clearing the way for Coleman's response by May 4 and oral arguments starting shortly after that."

"Lillehaug noted in the motion that the Supreme Court has had a history of quickly addressing matters in this election." 

Politico reports on the two remaining press aides working for Coleman (Tom Erickson) and Franken (Jess McIntosh). 

The Hill: "The man in charge of electing more Republicans to the Senate said it will be difficult to stop the Democrats from winning a 60-seat majority in 2010." "That's going to be real hard, to be honest with you," NRSC Chairman John Cornyn said, adding, "Everybody who runs could be the potential tipping point to get Democrats to 60. We've not only got to play defense; we've got to claw our way back in 2010. It'll be a huge challenge."

NEW HAMPSHIRE: "Former Rep. Charlie Bass (R-N.H.) is mulling a return to Congress — either in his old House district or moving to the Senate. But a Senate race would put him in a rematch with the man who took his House seat in 2006, Rep. Paul Hodes (D)." "I am considering them both," he told The Hill. "But I'm not in any hurry. I've been in Congress, so for me it's a question of whether I want to re-enter the world of public service and what contribution I can make in either the House or the Senate."

NEW YORK: In the still ongoing NY-20 special election, officials will begin looking at the 1,000 or so challenged ballots on Thursday.

From NBC's Ken Strickland
Christopher Hill was confirmed as ambassador to Iraq. The vote was 73-23.

All Democratic senators present voted in support.

Republicans voting NO: Bennett, Bond, Brownback, Bunning, Burr, Coburn, Cornyn, Crapo, DeMint, Ensign, Graham, Grassley, Hatch, Inhofe, Kyl, McCain, McConnell, Risch, Sessions, Shelby, Thune, Vitter, Wicker.

NOT VOTING: Kennedy, Roberts, Rockefeller

From NBC's Athena Jones

WASHINGTON -- President Obama today signed national service legislation he said represented the boldest expansion in opportunities to serve the country since the creation of AmeriCorps.

The president said the bill, called the Edward M. Kennedy Serve America Act, was an opportunity to harness patriotism and "connect deeds to needs" to help people serve their communities. It will triple the size of AmeriCorps to 250,000 members from 75,000 members and help fund successful non-profit service initiatives.

Sen. Kennedy, who is suffering from brain cancer, was on hand for the bill signing, and so was Former President Clinton, the creator of AmeriCorps. In his brief introduction of the president, Kennedy compared the work Obama was doing to what his brother John F. Kennedy had accomplished by establishing the Peace Corps.

"Today another young president has challenged another generation to give back to this nation," Kennedy said. "Last spring at Wesleyan University, candidate Barack Obama summoned our nation to a new era of service. He said 'I believe with all my heart that this generation is ready and eager and up to the challenge.' Mr. President, I couldn't agree more."

Obama has often said government cannot be the solution to all of the nation's problems and made a call to service during the campaign and on Martin Luther King Day, just before the Inauguration. He has said service was a way to help young Americans not only develop as citizens but help pay for college and the bill he signed today links the AmeriCorps education award to the maximum Pell Grant level -- about $5,300 -- to help pay for higher education.

Obama called for bipartisan passage of the bill in his February speech before a joint session of Congress.

"I've seen a rising generation of young people work and volunteer and turn out in record numbers," the president said. "They're a generation that came of age amidst the horrors of 9/11 and Katrina, the wars in Iraq and Afghanistan, an economic crisis without precedent. And yet, despite all this -- or more likely because of it -- they've become a generation of activists possessed with that most American of ideas, that people who love their country can change it."

He ticked off a series of statistics he said illustrated Americans' desire to serve, saying the Peace Corps had received three applications for every position available last year, 35,000 young people applied for 4,000 spots for Teach for America and that AmeriCorps had seen a 400% increase in applications in the past four months.

In an effort to further encourage a spirit of service, Obama proclaimed April 19th to 25th, 2009 as National Volunteer Week and called upon all Americans to volunteer.

"A week from tomorrow marks the 100th day of my administration," he said. "In those next eight days, I ask every American to make an enduring commitment to serving your community and your country in whatever way you can. Visit whitehouse.gov to share your stories of service and success."

The setting for the event was the SEED School, a local boarding school that offers a service-learning program designed to prepare students to be active citizens.

Vice President Biden and Dr. Jill Biden, former First Lady Rosalyn Carter and Caroline Kennedy joined the president for the signing, along with several members of Congress, including Illinois Sen. Dick Durbin, Gen. Colin Powell, House Speaker Nancy Pelosi, Senate Majority Leader Harry Reid, New York Mayor Michael Bloomberg, Maryland Sen. Barbara Mikulski and Republican Sens. Michael Enzi of Wyoming and Orrin Hatch (UT), a co-sponsor of the bill.

"It's as simple as that," Obama said of service near the close of his remarks. "All that's required on your part is a willingness to make a difference. And that is, after all, the beauty of service. Anybody can do it. You don't need to be a community organizer, or a senator, or a Kennedy or even a President to bring change to people's lives."

After the event, the president and first lady, the Bidens and President Clinton headed to a garden in northeast Washington to plant trees. Upon arrival, Obama joked about not having boots before picking up a pick axe to clear away the earth, helping several students plant a tree and then posing for pictures.

From NBC's Jim Miklaszewski

There's an email whipping around the internet, supposedly written by a Navy SEAL who complains that President Obama delayed decisions to deploy the Navy SEALs because he wanted to resolve the hostage standoff with Captain Richard Phillips "peacefully."

There's enough background detail in the email to suggest it was in fact written by a SEAL, but several senior military officials who were involved in the direct planning and execution of the mission -- including in consultations with the White House and President Obama -- tell NBC News the claims are bogus.

Here is part of the email:

Having spoken to some SEAL pals in Virginia Beach yesterday and asking why this thing dragged out for 4 days, I got the
following:
       
1.  BHO (President) wouldn't authorize the DEVGRU/NSWC SEAL teams to the
scene for 36 hours going against OSC (on scene commander)
recommendation.
2.  Once they arrived, BHO imposed restrictions on their ROE (rules of
engagement) that they couldn't do anything unless the hostage's life was
in "imminent" danger
3.  The first time the hostage jumped, the SEALS had the raggies all
sighted in, but could not fire due to ROE restriction
4.  When the navy RIB came under fire as it approached with supplies, no
fire was returned due to ROE restrictions.  As the raggies were shooting
at the RIB, they were exposed and the SEALS had them all dialed in.
5.  BHO specifically denied two rescue plans developed by the Bainbridge
CPN and SEAL teams
6.  Bainbridge CPN and SEAL team CDR finally decide they have the OpArea
and OSC authority to solely determine risk to hostage.  4 hours later, 3
dead raggies
7.  BHO immediately claims credit for his "daring and decisive"
behavior.

Two senior military officials who talked to NBC about this both said essentially they have no reason to carry President Obama's water on this, but that he and the White House responded quickly and positively to the military's request.

Given some of the details included in the email, military officials say it could very well have come from a "disgruntled" Navy SEAL who had no idea what the White House and senior commanders were planning or executing.

In addition, the email was originally passed around by a former admiral who retired in 1982 who  told Navy officials he doesnt know any Navy SEALS and has no idea where the original email came from.         

According to the officials the timeline of events and decisions were as follows:
Wednesday, April 8
The Maersk Alabama is hijacked by four Somali pirates. The U.S. destroyer Bainbridge, 300 miles away, heads in that direction. Military officials tell NBC News that officials with the Maersk shipping company informed the U.S. Navy they wanted no military intervention, they wanted to negotiate, pay a ransom and be on their way. Senior military officials informed the White House this would not require a military response but the Bainbridge continued in that direction.

Thursday, April 9
Bainbridge arrives in the vicinity of Maersk Alabama as the situation turned ugly and the four pirates took Captain Richards hostage in a lifeboat. The skipper aboard the Bainbridge realized he didn't have the "assets" necessary to handle a hostage situation and informed his superiors he needed the skills that Navy SEALS could bring to the fight.

Friday, April 10
Captain Phillips jumped into the sea in an attempt to escape his pirate captors, but the Bainbridge was a mile away from the lifeboat at the time and had no special operations forces in the water or the air that could have helped Phillips escape.

The nearest Navy SEAL team was on a training mission in Kenya. In military legalese, that SEAL team was considered an "EXTREMIS NATIONAL ASSET," which meant it would require presidential authority to pull the SEALS out of Kenya. Military officials went to the White House to brief national security officials and within "a couple of hours" President Obama signed off on the order to deploy the Navy SEALS, who were airdropped into the water and taken onto the Bainbridge

Friday night Somalia time: The President also gave the SEALS the authority to use "lethal force" to rescue Captain Philliips if it was determined his life was in "imminent danger."

By late Friday it was determined the specialized more advance skillsets of SEAL TEAM SIX, (the Navy's equivalent of DELTA FORCE), now known as the DEVELOPMENT GROUP were needed and planning began to deploy them from Little Creek, Virginia to the Indian Ocean.

At the same time, the hostage rescue operation was officially designated a "COUNTER-TERRORISM OPERATION," which allowed the White House and the military to cut through the usual red tape that exists in combining military and law enforcement operations.

The White House and military also laid out the three primary objectives of the mission:
1) try to negotiate for the peaceful release of hostage Captain Phillips.
2) keep the lifeboat from reaching the Somali shore.
3) use lethal force if the Captain's life is in imminent danger.

Saturday, April 11
The military sought and President Obama immediately granted the request and authority for SEAL TEAM SIX to use "lethal force" if it was determined Captain Phillips life was in danger. SEAL TEAM SIX was airdropped into the water at night and taken aboard the Bainbridge. 

Sunday, April 12
At 7:19 pm Somalia time, three Navy snipers from SEAL TEAM SIX, lying prone on the fan-tail of the Bainbridge, fired three precision and simultaneous shots that instantly killed the three remaining pirates holding Captain Phillips hostage aboard the lifeboat. 

From NBC's Andrea Mitchell

The Cheney transition office says that the former VP made the request to the National Archives to declassify the CIA documents on March 31st, and the Archives confirmed on April 8th that they had forwarded the request to the relevant agencies. The Archives are the agency that former VPs contact for such matters.

Earlier today, senior intelligence officials told NBC News they have not yet received any request.

Tonight, an intelligence official said, "These things take time," and as of their latest check, it had not reached the agency.
 
But later, senior intelligence officials said they had checked again, at NBC's request, after hearing from the Cheney transition office and the request from the former vice president to the National Archives for declassification "made its way to the agency" Tuesday afternoon.

That contradicts what the Archives told the Cheney office, which is that they forwarded the request on April 8th, more than a week after it was received from the former vice president's office. (Click for more on this story on msnbc.com.)

From NBC's Mark Murray

In a brief press availability after his talks with King Abdullah of Jordan, President Obama left the door open to possible prosecution of Bush administration officials who drafted interrogation memos permitting practices like waterboarding.

"For those who carried out some of these operations within the four corners of legal opinions or guidance that had been provided from the White House, I do not think it's appropriate for them to be prosecuted," he told reporters.

But then Obama added that prosecutions for those who drafted the memos would be up to Attorney General Eric Holder. "With respect to those who formulated those legal decisions, I would say that that is going to be more of a decision for the Attorney General within the parameters of various laws, and I don't want to prejudge that. I think that there are a host of very complicated issues involved there."

Asked about his opinion of a congressional investigation into the matter, Obama refrained from taking a position -- but maintained that such an investigation should be bipartisan if it happens. "As a general deal, I think that we should be looking forward and not backwards. I do worry about this getting so politicized that we cannot function effectively, and it hampers our ability to carry out critical national security operations."

From NBC's Mark Murray

Chris Simcox, a founder of the anti-illegal immigrant Minutemen, announced that he will challenge Sen. John McCain in next year's GOP primary. Simcox will officially kick off his campaign tomorrow in Phoenix.

"John McCain has failed miserably in his duty to secure this nation's borders and protect the people of Arizona from the escalating violence and lawlessness," Simcox said in a statement. "He has fought real efforts over the years at every turn, opting to hold our nation's border security hostage to his amnesty schemes. Coupled with his votes for reckless bailout spending and big government solutions to our nation's problems, John McCain is out of touch with everyday Arizonans. Enough is enough."

First Arlen Specter in Pennsylvania... Now McCain in Arizona. Do GOP primary challenges from the right in blue or purple states actually strengthen the Republican Party's chances in 2010? Or do they weaken them? 

From NBC's Andrea Mitchell

Rep. Jane Harman (D) today sent Attorney General Eric Holder a letter demanding that any transcripts of intercepted calls be released -- uncensored -- so that she can verify her claim that she never discussed a quid-pro-quo deal, as has been alleged by CQ and the New York Times. 

She also wants an investigation into NSA intercepts of members of Congress -- and what she calls "selective leaks."

Video: Rep. Jane Harman, D-Calif., responds to a report that she was recorded on NSA wiretaps agreeing to push the Justice Department for leniency on behalf of two pro-Israel lobbyists accused of being spies.

Harman told NBC she was unaware of any wiretaps until called by a reporter from CQ on Thursday.

Here's her letter...

Dear General Holder:

I am outraged to learn from reports leaked to the media over the last several days that the FBI or NSA secretly wiretapped my conversations in 2005 or 2006 while I was Ranking Member on the House Intelligence Committee.

This abuse of power is outrageous and I call on your Department to release all transcripts and other investigative material involving me in an unredacted form. It is my intention to make this material available to the public.

I also urge you to take appropriate steps to investigate possible wiretapping of other Members of Congress and selective leaks of investigative material which can be used for political purposes. As you know, it is entirely appropriate to converse with advocacy organizations and constituent groups, and I am concerned about a chilling effect on other elected officials who may find themselves in my situation.

Let me be absolutely clear: I never contacted the Department of Justice, the White House or anyone else to seek favorable treatment regarding the national security cases on which I was briefed, or any other cases. You may be aware that David Szady, the FBI's former top counterintelligence official, is quoted in the media saying of me "…in all my dealings with her, she was always professional and never tried to intervene or get in the way of any investigation."

Sincerely,
JANE HARMAN

From Chuck Todd, Mark Murray, and Domenico Montanaro
*** Cheney strikes back, again: The political back-and-forth over the Obama administration's release of those interrogation memos now seems like something out of a "24" episode. Conservatives argue that the interrogations, including waterboarding, made the country safer. Some Democrats, on the other hand, want to prosecute the authors of those memos. And a former controversial vice president -- Dick Cheney -- who previously has contended that the current administration has made the country less safe, now says he has asked the CIA to declassify interrogation memos that apparently show successful results from the interrogation techniques. Indeed, in his interview last night on FOX, Cheney not only called for those memos to be declassified, he blasted Obama for "cozying up" to Hugo Chavez ("I think it's not helpful… I think it sort of sets the wrong standard"), and for what he said was Obama apologizing "profusely" overseas for America's past actions ("The world outside there … will be quick to take advantage of a situation if they think they're dealing with a weak president or one who is not going to stand up and aggressively defend America's interests"). Wow, did a former vice president just suggest that a sitting American president is weak? Is there a precedent to this in modern American history? 

*** Firing up both bases: Politically, as we've said before, Democrats are probably more than happy for Cheney to be back in the news as the defender of the Bush administration. As one GOP strategist tells the Washington Post's Chris Cillizza, Cheney "is a face of the past. A face of conflict and too polarizing. So, not a good face of the party." In fact, a December 2008 NBC/WSJ poll showed Cheney with a fav/unfav rating of 21%-58%. But this entire Cheney vs. Obama debate on interrogation fires up both bases -- and thus makes for perfect cable chatter. Yet what are people in the middle thinking? The answer to that question will tell you the short-term winner of this debate. One other question we have: Does Cheney actually have the ability to declassify CIA memos?

*** Obama's Project "Dave": Republicans yesterday had a field day with Obama's request for his cabinet secretaries to cut $100 million from their budgets. As the Republicans pointed out, that request amounted to just .0025% of Obama's budget. "Budget analysts promptly burst out laughing," the New York Times writes. "A reporter declared at the White House briefing that the initiative would become fodder for late-night talk show hosts." (Couldn't have Obama had asked each department to cut $100 million, pushing the total request above $1 billion?) But as Republicans laugh at Obama's paltry request, the DNC fires back with a Web video showing GOP leaders supporting increased spending during Bush's presidency.

*** Bill and Ted's national service adventure: After Ted Kennedy endorsed Obama for president during the Democratic primary season last year, Bill Clinton became furious at his old friend. But the two men will be back together today when 1) they meet with President Obama in the Oval Office at 2:45 pm ET to discuss national service, and when 2) Obama signs the Edward M. Kennedy Serve America Act (which reauthorizes AmeriCorps) into law at 4:00 pm. Unlike the debates over interrogation and spending, national service is a feel-good subject that crosses party lines. And just askin', but if Obama can't get young people involved in national service, then who can? Melody Barnes of the White House, Alan Solomont (chair of the Corporation for National and Community Service), and Stephen Goldsmith (the corporation's vice chair) hold a conference call at 10:00 am to discuss the national service legislation. Also today, Obama meets with King Abdullah of Jordan and presents the Commander-in-Chief trophy to the Naval Academy's football team.

*** Geithner back on the Hill: On Capitol Hill beginning at 10:00 am ET, Treasury Secretary Tim Geithner testifies before the congressional panel looking at TARP. Per excerpts of his prepared remarks, Geithner will say: "Our central obligation as your government is to ensure that the financial system is stable, that there is no bank run and that confidence remains in our long term outlook. To that end we have made significant progress. But that is not enough. We must also ensure that a financial system which may be stable is not hurting the economy and deepening the recession. And we must ensure that the pace of recovery is not constrained. It must come about as quickly as possible." Geithner's testimony comes, the AP says, as the special inspector general for TARP "concluded in a 250-page quarterly report to Congress that a private-public partnership designed to rid financial institutions of their 'toxic assets' is tilted in favor of private investors and creates 'potential unfairness to the taxpayer.'" With Geithner on the Hill today, we ask again: Why isn't there a commission -- a la the 9/11 Commission -- investigating what happened to the U.S. economy?

*** No surrender: For a losing politician, the concession speech -- if gracious -- provides an opportunity to rise above the normal back-and-forth associated with a close and bitterly fought election and to look like a statesman. Whether it was Al Gore after losing by a few hundred votes in Florida, or John Kerry after losing by thousands of votes in Ohio, or John McCain after losing a race that forced him to run a more negative campaign than he probably planned, the concession speech prompted a similar reaction: If Gore/Kerry/McCain acted this way during the campaign, he might have won. But Norm Coleman isn't going to have that opportunity now that he's appealing his case to the Minnesota Supreme Court, further extending a contest that has lasted 168 days (24 weeks!) since Election Day. Coleman argues he's appealing to enfranchise 4,400 Minnesota voters; his critics contend he's doing it only to delay the inevitable. It's politics as usual -- something a concession speech rises above.

Countdown to Obama's 100th day: 8 days 
Countdown to NJ GOP primary: 42 days
Countdown to VA Dem primary: 49 days
Countdown to Election Day 2009: 196 days
Countdown to Election Day 2010: 560 days

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The New York Times: "Pressure mounted on President Obama on Monday for more thorough investigation into harsh interrogations of terrorism suspects under the Bush administration, even as he tried to reassure the Central Intelligence Agency that it would not be blamed for following legal advice… And while Mr. Obama vowed not to prosecute C.I.A. officers for acting on legal advice, on Monday aides did not rule out legal sanctions for the Bush lawyers who developed the legal basis for the use of the techniques."

More: "Some Bush administration officials, including former Vice President Dick Cheney, accused the administration of endangering the country by disclosing national secrets. Mr. Cheney went on the Fox News Channel to announce that he had asked the C.I.A. to declassify reports documenting the intelligence gained from the interrogations. Gen. Michael V. Hayden, the former C.I.A. director, has also condemned the release of the memorandums and said the harsh questioning had value."

Obama tried to reassure CIA staff yesterday that the agency has his full support, The Hill writes. "Now, in that context I know that the last few days have been difficult," Obama acknowledged. "Obama said that he had some conversations before his publicized remarks with 'senior folks here at Langley in which I think people have expressed understandable anxiety and concern.'"

"Top White House officials described the decision to release the torture memos Thursday as among the toughest of Obama's young presidency," Politico says. "There was a vigorous debate internally about which documents to release and how much detail to redact. In the end, Obama himself was described as carefully editing his final statement to make sure he hit just the right note."

"Republicans are hoping they have finally found the secret to taking on President Barack Obama -- by portraying him as overly apologetic about U.S. misdeeds and naive about engaging unfriendly regimes abroad," Politico writes. "But tagging Obama as a 'Jimmy Carter Democrat' on foreign affairs and national security may prove a difficult critique to make stick -- at least for the moment." 
 
But you have to ask: Isn't that a tough sell because: (1) Obama has a pretty centrist national security team that has been praised by Republicans and very likely some members would have been in a McCain cabinet; (2) his Afghanistan approach in particular has also been praised by Republicans and isn't seen as dovish; (3) his predator drone missions in Northwest Pakistan certainly couldn't be described as "Carter-like"; and (4) his ordering of military force resulted in the killing of the three pirates and the saving of the Maersk Alabama captain?

"The AmeriCorps program started by President Bill Clinton will triple in size over the next eight years, and tens of thousands of other Americans will soon see new opportunities to give back to their communities," the AP writes. "It's all part of a $5.7 billion national service bill President Barack Obama is scheduled to sign Tuesday to foster and fulfill people's desire to make a difference, such as by mentoring children, cleaning up parks or building and weatherizing homes for the poor."

The New York Times has more. "Barack Obama split Bill Clinton and Ted Kennedy apart. Now he's bringing them back together. The current president, the former president and the ailing senator from Massachusetts will gather at the Seed School in Washington on Tuesday, where Mr. Obama is to sign the Edward M. Kennedy National Service Act into law. The legislation builds on Mr. Obama's call to service by creating new opportunities for millions of America to volunteer."

The Washington Post: "As Congress returns to begin an intense debate over reshaping the nation's $2.2 trillion health-care system, prominent left-leaning organizations and liberal House members are issuing a warning to their Democratic allies: Don't cave on us. The early skirmishing -- essentially amounting to friendly fire -- is perhaps the clearest indication yet of the uphill battle President Obama faces in delivering on his promise to make affordable, high-quality care available to every American."

The Boston Globe front-pages how opposition is growing toward Obama's nominee to be the State Department's top lawyer -- Harold Hongju Koh, dean of Yale Law School and one-time critic of the Bush administration "for failing to uphold the Geneva Conventions and other treaties." Conservatives "suggest that if Koh becomes the chief legal adviser to American diplomats, he would give undue influence to foreign legal opinions, perhaps limiting American options in matters of national security… GOP members of the Senate Foreign Relations Committee have signaled that they will sharply question him during the confirmation hearings."

The New York Times, following up on a report by CQ, alleges that Democratic Rep. Jane Harman was "overheard on telephone calls intercepted by the National Security Agency agreeing to seek lenient treatment from the Bush administration for two pro-Israel lobbyists who were under investigation for espionage, current and former government officials say… One official who has seen transcripts of several wiretapped calls said she appeared to agree to intercede in exchange for help in persuading party leaders to give her" chairmanship of the House Intelligence Committee, a post she did not get.

Roll Call adds that the original CQ story "not only targeted Harman, but carried a stinging charge against a top Republican: that then-Attorney General Alberto Gonzales stopped a federal probe of Harman's actions so she could remain a credible ally in the Bush administration's defense of its warrantless wiretapping program, which was about to be made public by the New York Times."

NBC's Andrea Mitchell reports that the Senate voted yesterday to cut off debate on Christopher Hill's nomination to be Ambassador to Iraq -- ending a long delay in his confirmation. A final floor vote is scheduled for today.
 
The AP: "Treasury Secretary Timothy Geithner faces a slew of questions about his plans to shore up banks while a watchdog agency warns that Obama administration initiatives could increasingly expose taxpayers to losses. Geithner is scheduled to testify Tuesday before the Congressional Oversight Panel for the government's $700 billion financial rescue program."

Another AP story adds, "Kansas Gov. Kathleen Sebelius, a Democrat, was expected to win approval Tuesday from the Democratic-controlled Senate Finance Committee, the final step before action by the full Senate. A Senate floor vote could come within days."

Also, Hillary Clinton will testify for the first time as Secretary of State on Capitol Hill Wednesday when she appears before a House committee. She'll speak "on behalf of the Obama administration's diplomacy efforts. It will be Clinton's first congressional testimony as secretary of state. On Thursday, Clinton will head to the Hill again and ask the State and Foreign Operations Subcommittee to back the $83.4 billion request for Afghanistan and Iraq operations, and her script will be mainly limited to the foreign aid and diplomacy portion of that request, which amounts to around $7 billion."

On Friday, per Congress Daily, Al Gore testifies before the House Energy and Commerce Committee, which is holding four days of hearings starting today on clean energy.

"Senate Democrats hope to boost President Obama's credentials among the party's left wing by advancing several legislative measures in the final stretch of his first 100 days in office," The Hill writes. "The forthcoming agenda includes granting bankruptcy judges the power to write down mortgages for homeowners in default and possibly tying war funding to benchmarks that could lead to a speedier withdrawal from Afghanistan."

And: "Edward Kennedy (D-Mass.) and Susan Collins (R-Maine) are the easiest senators to work with, while Patrick Leahy (D-Vt.) and Jim Bunning (R-Ky.) are the most partisan members of the upper chamber, according to a survey conducted by The Hill… After Kennedy, the most bipartisan Democrats are Sens. Tom Carper (Del.), Chris Dodd (Conn.), Evan Bayh (Ind.) and Tom Harkin (Iowa). Following Collins on the GOP side are Sens. Olympia Snowe (Maine), Orrin Hatch (Utah), Richard Lugar (Ind.) and John McCain (Ariz.)."

MINNESOTA: "Ignoring opponents' demands that he concede, Norm Coleman told the Minnesota Supreme Court Monday that a lower court got it all wrong when it ruled that Al Franken won the 2008 U.S. Senate election," the Minneapolis Star Tribune writes. Republican Coleman filed notice of his appeal to the state's high court late Monday, asserting in a seven-page statement that the judges who awarded the election last week to DFLer Franken by 312 votes had deprived thousands of absentee voters of their constitutional rights to have their ballots counted."

CONNECTICUT: Roll Call writes, "Psychologists and political historians should be having a field day in Connecticut right now. After all, aren't the troubles engulfing Sen. Chris Dodd (D-Conn.) vaguely reminiscent of those that ended the political career of his father, the late Sen. Thomas Dodd (D-Conn.)?" 
 
MISSOURI: Roy Blunt's "disappointing" first-quarter fundraising haul has Missouri Republicans doubting his candidacy against Democrat Robin Carnahan, Politico writes. Republican "former state Treasurer Sarah Steelman is expected to leap into the race. Steelman ran unsuccessfully for the Republican nomination for governor in 2008 but not before bloodying former GOP Rep. Kenny Hulshof, the eventual nominee who lost to Democrat Jay Nixon. Many in the state GOP's establishment wing view Steelman as an opportunist whose attacks on Hulshof as a big Washington spender cost Hulshof any real shot at winning in November."

From NBC's Harry Enten and Mark Murray
In the latest move in the never-ending Minnesota Senate race, Norm Coleman's legal team today announced it would be filing a notice of appeal with the Minnesota Supreme Court. Coleman lawyer Jim Langdon said it could take anywhere from "two weeks to two months" for the court to begin hearing oral arguments. Langdon and fellow Coleman attorney Ben Ginsberg wouldn't say whether they would take the case to the U.S. Supreme Court if the Minnesota court ruled against Coleman.

While their legal reasoning behind the appeal was similar to their arguments in front of the three-judge panel -- which ruled that Al Franken had won the most votes -- Coleman's attorneys said they hoped the state Supreme Court will look at constitutional issues regarding the recount. They believed the lower courts might have felt "constrained" by prior Minnesota Supreme Court recount rulings, and that the court can set aside these rulings aside and look at the recount's equal-protection and due-process violations.

"Today, 4,400 Minnesotans have not had their voices heard or their votes counted," Coleman said in a statement released by his campaign. "The Minnesotan Supreme Court is the right place for these issues to be heard, reviewed, and decided."

In a conference call responding to Coleman's appeal, Franken attorney Marc Elias said that Coleman's arguments are the "same old, same old" that the three-judge panel and Minnesota Canvassing Board rejected earlier. "Sometimes you come up on the short end of a close and bitter election," he said. "But at some point, you have to accept the reality for what it is" -- that Franken won the election.

Elias added that Franken's legal team would file a motion with the state Supreme Court to expedite the proceedings.

Sen. Bob Menendez, chairman of the Democratic Senatorial Campaign Committee, released this statement: "It is sad, but not surprising, that Norm Coleman would continue to drag this process out any longer. While it is certainly within his right to appeal, given all of the challenges facing this country right now, we'd hope that he would put the interest of Minnesotans above his own and allow all of us to move on." 

From NBC's Ken Strickland and Domenico Montanaro
Senate Republican Saxby Chambliss, a member of the Intelligence and Armed Services committees, today said in the effort to embarrass former President Bush, the Obama administration "overstepped their bounds" in releasing interrogation memos last week. 

"It seems that this administration looks for every opportunity they can to seek to embarrass the previous administration," Chambliss said at a news conference. "And I think this is one time they really overstepped their bounds."

Citing the fact that there hasn't been a terrorist attack on U.S. soil since 9/11, Chambliss added, "Whatever the previous administration did, under the guise of the legal opinions that the Justice Department issued, it's worked. And the American people have a great appreciation for that."

He added, "There are some things that when you operate in the cloak-and-dagger world of the intelligence community that need to remain in the intelligence community." 

At the same news conference, Republican Leader Mitch McConnell suggested President Obama's visit to the CIA today was about damage control.   

"My guess is that's a moral-boosting visit, because they agency had to be -- you would think -- upset and chagrinned about the decision Sen.  Chambliss was just addressing."

McConnell also hit Obama on his call for cabinet agencies to cut $100 million from their budgets.

$100 million is "what we spent per day in interest on the stimulus package," McConnell said.

McConnell, Chambliss and Wyoming Sen. John Barrasso held the news conference to discuss their congressional delegation trip over the holiday recess to Iraq and Afghanistan.

The senators said the situation in Iraq has improved, but Afghanistan is a different story.

While McConnell praised the Obama administration's approach, he said it is "hardly distinguishable from the prior administration."

Chambliss, who has been to Iraq seven times, said this is the most improved he's seen it. In fact, the delegation was allowed to travel from Baghdad to a nearby town – something not previously allowed.

But despite the improvement, Chambliss took a swipe at the administration, saying there was "significant concern" raised by members of the military about the set dates for withdrawing troops.

He added that the U.S. will be in Afghanistan "for a long time to come" and that there's not going to be a "military solution" there but a "political" one.

Barrasso said the delegation met with Afghan leader Hamid Karzai as well as three opposition leaders. He said the senators urged a need for "free," "fair," and "credible" elections there.

The nomination of Christopher Hill to be ambassador to Iraq has been opposed by some Republicans, particularly Sen. John McCain, who argues Hill doesn't have the requisite Middle East expertise. McConnell said he hadn't decided how he would vote on the Hill nomination; Chambliss said he would vote for cloture.

He didn't say explicitly how he'd vote, though he did say the U.S. needs an ambassador to Iraq "quickly."

From NBC's Mark Murray
In remarks he made after his first official cabinet meeting, President Obama today asked his cabinet secretaries to identify at least a combined $100 million in cuts to their budgets. "None of these savings by themselves are going to solve our long-term fiscal problems," Obama said. "But taken together, they can make a difference, and they send a signal that we are serious about changing how government operates."

Video: Obama tells his cabinet to cut spending by $100 million.

Republicans, however, mocked the size of this $100 million cut, which they pointed out represents just .0025 percent of Obama's nearly $4 trillion budget.

"The administration's new talk of trimming a meager .0025 percent from the $4 trillion federal budget just doesn't square with its reckless record on borrowing and spending," House Minority Leader John Boehner said in a statement. "Washington Democrats have spent the past three months doling out more taxpayer dollars than every previous president combined, and the administration is clearly feeling the heat."

When asked after his cabinet meeting whether the $100 million was just a drop in the bucket, Obama agreed. "Cumulatively, they would make an extraordinary difference because they start setting a tone," he answered. "And so what we're going to do is line by line, page by page, $100 million there, $100 million here. Pretty soon, even in Washington, it adds up to real money."

Also in his meeting, Obama announced that his administration plans to cut at least 100 current programs "so that we can free up those dollars in order to put them to use for critical areas like health care, education, energy, our foreign policy apparatus."

And he praised his cabinet, which is missing just one member -- HHS nominee Kathleen Sebelius, who is still awaiting confirmation. "I am extraordinarily proud of the talent, the diversity, and the work ethic of this team in an unprecedented situation where we had to hit the ground running and get an enormous amount done in the first three months," he said.

"Everybody here has performed I think at the highest levels. And I'm extraordinarily proud of the quality of this cabinet."