Category Archives: i am a terrorist

1030

White House, Cheney’s office subpoenaed
June 28, 2007
By LAURIE KELLMAN

The Senate subpoenaed the White House and Vice President Dick Cheney’s office Wednesday, demanding documents and elevating the confrontation with President Bush over the administration’s warrant-free eavesdropping on Americans.

Separately, the Senate Judiciary Committee also is summoning Attorney General Alberto Gonzales to discuss the program and an array of other matters that have cost a half-dozen top Justice Department officials their jobs, committee chairman Patrick Leahy announced.

Leahy, D-Vt., raised questions about previous testimony by one of Bush’s appeals court nominees and said he wouldn’t let such matters pass.

“If there have been lies told to us, we’ll refer it to the Department of Justice and the U.S. attorney for whatever legal action they think is appropriate,” Leahy told reporters. He did just that Wednesday, referring questions about testimony by former White House aide Brett Kavanaugh, who now sits on the U.S. Court of Appeals for the District of Columbia.

The escalation is part of the Democrats’ effort to hold the administration to account for the way it has conducted the war on terrorism since the Sept. 11, 2001, attacks. The subpoenas extend the probe into the private sector, demanding among other things documents on any agreements that telecommunications companies made to cooperate with the surveillance program.

The White House contends that its search for would-be terrorists is legal, necessary and effective — pointing out frequently that there have been no further attacks on American soil. Administration officials say they have given classified information — such as details about the eavesdropping program, which is now under court supervision — to the intelligence committees of both houses of Congress.

Echoing its response to previous congressional subpoenas to former administration officials Harriet Miers and Sara Taylor, the White House gave no indication that it would comply with the new ones.

“We’re aware of the committee’s action and will respond appropriately,” White House spokesman Tony Fratto said. “It’s unfortunate that congressional Democrats continue to choose the route of confrontation.”

In fact, the Judiciary Committee’s three most senior Republicans — Arlen Specter of Pennsylvania, former chairman Orrin Hatch of Utah and Chuck Grassley of Iowa — sided with Democrats on the 13-3 vote last week to give Leahy the power to issue the subpoenas.

The showdown between the White House and Congress could land in federal court.

Also named in subpoenas signed by Leahy were the Justice Department and the National Security Council. The four parties — the White House, Cheney’s office, the Justice Department and the National Security Council — have until July 18 to comply, Leahy said. He added that, like House Judiciary Committee Chairman John Conyers, D-Mich., he would consider pursuing contempt citations against those who refuse.

Gonzales, in Spokane, Wash., on Wednesday to discuss gang issues with local officials, said he had not seen the subpoena documents and could not comment on them directly.

“There are competing institutional interests,” Gonzales said.

The Judiciary committees have issued the subpoenas as part of a look at how much influence the White House exerts over the Justice Department and its chief, Gonzales.

The probe, in its sixth month, began with an investigation into whether administration officials ordered the firings of eight federal prosecutors for political reasons. The Judiciary committees subpoenaed Miers, one-time White House legal counsel, and Taylor, a former political director, though they have yet to testify.

Now, with senators of both parties concerned about the constitutionality of the administration’s efforts to root out terrorism suspects in the United States, the committee has shifted to the broader question of Gonzales’ stewardship of Justice.

The issue concerning Kavanaugh, a former White House staff secretary, is whether he misled the Senate panel during his confirmation hearing last year about how much he was involved in crafting the administration’s policy on enemy combatants.

The Bush administration secretly launched the eavesdropping program, run by the National Security Agency, in 2001 to monitor international phone calls and e-mails to or from the United States involving people the government suspected of having terrorist links. The program, which the administration said did not require investigators to seek warrants before conducting surveillance, was revealed in December 2005.

After the program was challenged in court, Bush put it under the supervision of the Foreign Intelligence Surveillance Court, established in 1978. The president still claims the power to order warrantless spying.

The subpoenas seek a wide array of documents from the Sept. 11 attacks to the present. Among them are any that include analysis or opinions from Justice, NSA, the Defense Department, the White House, or “any entity within the executive branch” on the legality of the electronic surveillance program.

Debate continues over whether the program violates people’s civil liberties. The administration has gone to great lengths to keep it running.

Interest was raised by vivid testimony last month by former Deputy Attorney General James Comey about the extent of the White House’s effort to override the Justice Department’s objections to the program in 2004.

Comey told the Judiciary Committee that Gonzales, then-White House counsel, tried to persuade Attorney General John Ashcroft to reverse course and recertify the program. At the time, Ashcroft lay in intensive care, recovering form gall bladder surgery.

Ashcroft refused, as did Comey, who temporarily held the power of the attorney general’s office during his boss’ illness.

The White House recertified the program unilaterally. Ashcroft, Comey, FBI Director Robert Mueller and their staffs prepared to resign. Bush ultimately relented and made changes the Justice officials had demanded, and the agency eventually recertified it.

Fratto defended the surveillance program as “lawful” and “limited.”

“It’s specifically designed to be effective without infringing Americans’ civil liberties,” Fratto said. “The program is classified for a reason — its purpose is to track down and stop terrorist planning. We remain steadfast in our commitment to keeping Americans safe from an enemy determined to use any means possible — including the latest in technology — to attack us.”


but…

Bush won’t supply subpoenaed documents
June 28, 2007
By TERENCE HUNT

President Bush, in a constitutional showdown with Congress, claimed executive privilege Thursday and rejected demands for White House documents and testimony about the firing of U.S. attorneys.

His decision was denounced as “Nixonian stonewalling” by the chairman of the Senate Judiciary Committee.

Bush rejected subpoenas for documents from former presidential counsel Harriet Miers and former political director Sara Taylor. The White House made clear neither one would testify next month, as directed by the subpoenas.

Presidential counsel Fred Fielding said Bush had made a reasonable attempt at compromise but Congress forced the confrontation by issuing subpoenas. “With respect, it is with much regret that we are forced down this unfortunate path which we sought to avoid by finding grounds for mutual accommodation.”

The assertion of executive privilege was the latest turn in increasingly hostile standoffs between the administration and the Democratic-controlled Congress over the Iraq war, executive power, the war on terror and Vice President Dick Cheney’s authority. A day earlier, the Senate Judiciary Committee delivered subpoenas to the offices of Bush, Cheney, the national security adviser and the Justice Department about the administration’s warrantless wiretapping program.

While weakened by the Iraq war and poor approval ratings in the polls, Bush has been adamant not to cede ground to Congress.

“Increasingly, the president and vice president feel they are above the law,” said Sen. Patrick Leahy, D-Vt., chairman of the Senate Judiciary Committee.

Rep. John Conyers, D-Mich., chairman of the House Judiciary Committee, said Bush’s assertion of executive privilege was “unprecedented in its breadth and scope” and displayed “an appalling disregard for the right of the people to know what is going on in their government.”

White House press secretary Tony Snow weighed in with unusually sharp criticism of Congress. He accused Democrats of trying “to make life difficult for the White House. It also may explain why this is the least popular Congress in decades, because you do have what appears to be a strategy of destruction, rather than cooperation.”

Over the years, Congress and the White House have avoided a full-blown court test about the constitutional balance of power and whether the president can refuse demands from Congress. Lawmakers could vote to cite witnesses for contempt and refer the matter to the local U.S. attorney to bring before a grand jury. Since 1975, 10 senior administration officials have been cited but the disputes were all resolved before getting to court.

Congressional committees sought the documents and testimony in their investigations of Attorney General Alberto Gonzales’ stewardship of the Justice Department and the firing of eight federal attorneys over the winter. Democrats say the firings were an example of improper political influence. The White House contends that U.S. attorneys are political appointees who can be hired and fired for almost any reason.

In a letter to Leahy and Conyers, Fielding said Bush had “attempted to chart a course of cooperation” by releasing more than 8,500 pages of documents and sending Gonzales and other officials to Capitol Hill to testify.

The president also had offered to make Miers, Taylor, political strategist Karl Rove and their aides available to be interviewed by the Judiciary committees in closed-door sessions, without transcripts and not under oath. Leahy and Conyers rejected that proposal.

The Senate Judiciary Committee’s senior Republican, Arlen Specter of Pennsylvania, said the House and Senate panels should accept Bush’s original offer.

Impatient with the “lagging” pace of the investigation into the U.S. attorney firings, Specter said he asked Fielding during a phone call Wednesday night whether the president would agree to transcripts on the interviews. Fielding’s answer: No.

“I think we ought to take what information we can get now and try to wrap this up,” Specter told reporters. That wouldn’t preclude Congress from reissuing subpoenas if lawmakers do not get enough answers, Specter said.

Fielding explained Bush’s position on executive privilege this way: “For the president to perform his constitutional duties, it is imperative that he receive candid and unfettered advice and that free and open discussions and deliberations occur among his advisers and between those advisers and others within and outside the Executive Branch.”

This “bedrock presidential prerogative” exists, in part, to protect the president from being compelled to disclose such communications to Congress, Fielding argued.

In a slap at the committees, Fielding said, “There is no demonstration that the documents and information you seek by subpoena are critically important to any legislative initiatives that you may be pursuing or intending to pursue.”

It was the second time in his administration that Bush has exerted executive privilege, said White House deputy press secretary Tony Fratto. The first instance was in December 2001, to rebuff Congress’ demands for Clinton administration documents.

The most famous claim of executive privilege was in 1974, when President Nixon went to the Supreme Court to avoid surrendering White House tape recordings in the Watergate scandal. That was in a criminal investigation, not a demand from Congress. The court unanimously ordered Nixon to turn over the tapes.


because…

Following Bush Signing Statements, Federal Agencies Ignore 30 Percent Of Laws Passed Last Year
June 18, 2007

Federal agencies ignored 30 percent of the laws Bush objected to in signing statements last year, according to a report released today by the Government Accountability Office. In 2006, President Bush issued signing statements for 11 out of the 12 appropriations bills passed by Congress, claiming a right to bypass a total of 160 provisions in them.

In a sample set of 19 provisions, the GAO found that “10 provisions were executed as written, 6 were not, and 3 were not triggered and so there was no agency action to examine.”

The report, which was requested by House Judiciary Chairman John Conyers (D-MI) and Senate President Pro Tempore Robert Byrd (D-WV), gives the first indication of the impact that President Bush’s signing statements have had on the enforcement of laws passed by Congress.

In a statement, Byrd said the report shows the Bush administration’s desire to grab as much power as possible:

The White House cannot pick and choose which laws it follows and which it ignores. When a president signs a bill into law, the president signs the entire bill. The Administration cannot be in the business of cherry picking the laws it likes and the laws it doesn’t. This GAO opinion underscores the fact that the Bush White House is constantly grabbing for more power, seeking to drive the people’s branch of government to the sidelines….We must continue to demand accountability and openness from this White House to counter this power grab.

Since taking office in 2001, President Bush has issued signing statements challenging over 1,100 laws, claiming that he has the right to bypass them if they interfere with his alleged presidential powers. Though signing statements have been utilized by most presidents, Bush has used them to object to more laws than all previous presidents combined.

Here are a few of the laws Bush has controversially issued signing statements about:

– In 2005, after Congress passed a law outlawing the torture of detainees, Bush issued a signing statement saying that he would “construe [the law] in a manner consistent with the constitutional authority of the President . . . as Commander in Chief,” which experts say means Bush believes he can waive the restrictions.

– In 2006, Congress passed a law requiring minimum qualifications for future heads of the Federal Emergency Management Administration in response to FEMA’s poor handling of Hurricane Katrina. When Bush signed the law, he issued a statement saying he could ignore the new restrictions and appoint a FEMA chief based on whatever qualifications he wanted.

– In 2006, Bush signed a statement saying he would view a ban on “the transfer of nuclear technology to India if it violates international non proliferation guidelines” as “advisory.” Indian newspapers reported that the government of India took note of Bush’s statement, “raising the possibility it would not take the ban seriously.”

The GAO report makes a point of noting that although “the agencies did not execute the provisions as enacted,” it cannot necessarily be concluded that “agency noncompliance was the result of the President’s signing statements.” It does, however, provide creedence to claims that confusion created by differing congressional and presidential interpretations of laws could lead increased laxity in the proper enforcement of the law.

UPDATE: “We expect to continue to use statements where appropriate, on a bill-by-bill basis,” White House spokesman Tony Fratto said.


and this is part of the reason why…

Within the architecture of denial and duplicity: The Democratic Party and the infantile omnipotence of the ruling class
June 26, 2007
By Phil Rockstroh

Why did the Democratic Congress betray the voting public?

Betrayal is often a consequence of wishful thinking. It’s the world’s way of delivering the life lesson that it’s time to shed the vanity of one’s innocence and grow-the-hell-up. Apropos, here’s lesson number one for political innocents: Power serves the perpetuation of power. In an era of runaway corporate capitalism, the political elite exist to serve the corporate elite. It’s that simple.

Why do the elites lie so brazenly? Ironically, because they believe they’re entitled to by virtue of their superior sense of morality. How did they come to this arrogant conclusion? Because they think they’re better than us. If they believe in anything at all, it is this: They view us as a reeking collection of wretched, baseborn rabble, who are, on an individual level, a few billion neurons short of being governable by honest means.

Yes, you read that correctly: They believe they’re better than you. When they lie and flout the rules and assert that the rule of law doesn’t apply to them or refuse to impeach fellow members of their political and social class who break the law, it is because they have convinced themselves it is best for society as a whole.

How did they come by such self-serving convictions? The massive extent of their privilege has convinced them that they’re the quintessence of human virtue, that they’re the most gifted of all golden children ever kissed by the radiant light of the sun. In other words, they’re the worst sort of emotionally arrested brats — spoiled children inhabiting adult bodies who mistake their feelings of infantile omnipotence for the benediction of superior ability. “I’m so special that what’s good for me is good for the world,” amounts to the sum total of their childish creed. In the case of narcissists such as these, over time, self-interest and systems of belief grow intertwined. Hence, within their warped, self-justifying belief systems, their actions, however mercenary, become acts of altruism.

The elites don’t exactly believe their own lies; rather, they proceed from neocon guru Leo Strauss’ dictum (the modus operandi of the ruling classes) that it is necessary to promulgate “noble lies” to society’s lower orders. This sort of virtuous mendacity must be practiced, because those varieties of upright apes (you and I) must be spared the complexities of the truth; otherwise, it will cause us to grow dangerously agitated — will cause us to rattle the bars of our cages and fling poop at our betters. They believe it’s better to ply us with lies because it’s less trouble then having to hose us down in our filthy cages. In this way, they believe, all naked apes will have a more agreeable existence within the hierarchy-bound monkey house of capitalism.

This may help to better understand the Washington establishment and its courtesan punditry who serve to reinforce their ceaseless narrative of exceptionalism. This is why they’ve disingenuously covered up the infantilism of George W. Bush for so long: Little Dubya is the id of the ruling class made manifest — he’s their troubled child, who, by his destructive actions, cracks the deceptively normal veneer of a miserable family and reveals the rot within. At a certain level, it’s damn entertaining: his instability so shakes the foundation of the house that it causes the skeletons in its closets to dance.

By engaging in a mode of being so careless it amounts to public immolation, these corrupt elitists are bringing the empire down. There is nothing new in this: Such recklessness is the method by which cunning strivers commit suicide.

Those who take the trouble to look will comprehend the disastrous results of the ruling elites’ pathology: wars of choice sold to a credulous citizenry by public relations confidence artists; a predatory economy that benefits 1 percent of the population; a demoralized, deeply ignorant populace who are either unaware of or indifferent to the difference between the virtues and vicissitudes of the electoral processes of a democratic republic, in contrast to the schlock circus, financed by big money corporatists, being inflicted upon us at present.

Moreover, the elitists’ barriers of isolation and exclusion play out among the classes below as an idiot’s mimicry of soulless gated “communities” and the pernicious craving for a vast border wall — all an imitation of the ruling class’s paranoia-driven compulsion for isolation and their narcissistic obsession with exclusivity.

Perhaps, we should cover the country in an enormous sheet of cellophane and place a zip-lock seal at its southern border, or, better yet — in the interest of being more metaphorically accurate — let’s simply zip the entire land mass of the U.S. into a body bag and be done with it.

What will be at the root of the empire’s demise? It seems the elite of the nation will succumb to “Small World Syndrome” — that malady borne of incurable careerism, a form of self-induced cretinism that reduces the vast and intricate world to only those things that advance the goals of its egoistical sufferers. It is a degenerative disease that winnows down the consciousness of those afflicted to a banal nub of awareness, engendering the shallowness of character on display in the corporate media and the arrogance and cluelessness of the empire’s business and political classes. It possesses a love of little but mammon; it is the myth of Midas, manifested in the hoarding of hedge funds; it is the tale of an idiot gibbering over his collection of used string.

What can be done? In these dangerous times, credulousness to party dogma is as dangerous as a fundamentalist Christian’s literal interpretation of the Bible: There is no need to squander the hours searching for an “intelligent design” within the architecture of denial and duplicity built into this claptrap system — a system that we have collaborated in constructing by our loyalty to political parties that are, in return, neither loyal to us nor any idea, policy or principle that doesn’t maintain the corporate status quo.

Accordingly, we must make the elites of the Democratic Party accountable for their betrayal or we ourselves will become complicit. The faith of Democratic partisans in their degraded party is analogous to Bush and his loyalists still believing they can achieve victory in Iraq and the delusion-based wing of the Republican Party that, a few years ago, clung to the belief, regardless of facts, that Terri Schiavo’s brain was not irreparably damaged and she would someday rise from her hospital bed and bless the heavens for them and their unwavering devotion to her cause.

Faith-based Democrats are equally as delusional. Only their fantasies don’t flow from the belief in a mythical father figure, existing somewhere in the boundless sky, who scripture proclaims has a deep concern for the fate of all things, from fallen sparrows to medically manipulated stem cells; rather, their beliefs are based on the bughouse crazy notion that the elites of the Democratic Party could give a fallen sparrow’s ass about the circumstances of their lives.

In the same manner, I could never reconcile myself with the Judea/Christian/Islamic conception of god — some strange, invisible, “who’s-your-daddy-in-the-sky,” sadist, who wants me on my knees (as if I’m a performer in some kind of cosmic porno movie) to show my belief in and devotion to him — I can’t delude myself into feeling any sense of devotion to the present day Democratic Party.

Long ago, reason and common sense caused me to renounce the toxic tenets of organized religion. At present, I feel compelled to apply the same principles to the Democratic Party, leading me to conclude, as did Voltaire regarding the unchecked power of the Church in his day, that we must, “crush the infamous thing.”

Freedom begins when we free ourselves from as many illusions as possible — including dogma, clichés, cant, magical thinking, as well as blind devotion to a corrupt political class.

I wrote the following, before the 2006 mid-term election: “[ . . . ] I believe, at this late hour, the second best thing that could come to pass in our crumbling republic is for the total destruction of the Democratic Party — and then from its ashes to rise a party of true progressives.

“[ . . . ] I believe the best thing that could happen for our country would be for the leaders of the Republican Party — out of a deep sense of shame (as if they even possessed the capacity for such a thing) regarding the manner they have disgrace their country and themselves — to commit seppuku (the act of ritual suicide practiced by disgraced leaders in feudalist Japan) on national television.

“Because there’s no chance of that event coming to pass, I believe the dismantling of the Democratic Party, as we know it, is in order. It is our moribund republic’s last, best hope — if any is still possible.”

I received quite a bit of flack from party loyalists and netroots activists that my pronouncement was premature and we should wait and see.

We’ve waited and we’ve seen. Consequently, since the Republican leadership have not taken ceremonial swords in hand and disemboweled themselves on nationwide TV, it’s time we pulled the plug on the Democratic Party, an entity that has only been kept alive by a corporately inserted food-tube. In my opinion, this remains the last, best hope for the living ideals of progressive governance to become part of the body politic.


1024

American contractor snared in secret U.S. prison
FBI informant imprisoned and treated like an insurgent for 97 days
June 17, 2007
By Lisa Myers

For Donald Vance, a 29-year-old veteran and an American citizen, the desire to play a small part in a big event would lead to the scariest experience of his life. While in Iraq, he was neither a victim of a roadside bomb nor taken prisoner by insurgents. Instead, he was held captive by the U.S. government — detained in a secret military prison.

“It’s probably the worst thing I’ve ever lived through,” says Vance, who along with another American is now suing his own government, which he says “treated me like a terrorist.”

It all started in the summer of 2005 when Vance went to Baghdad. Born in Chicago, Vance had joined the Navy after high school and later worked in security.

He took a job with an Iraqi company, Shield Group Security, or SGS, which provides protection for businesses and organizations. Vance supervised security and logistics operations. Before long, he says he started noticing troubling things at the company — explosives and huge stockpiles of ammunition and weapons, including anti-aircraft guns. He worried they were going to militias involved in sectarian violence.

There was “more ammunition than we could ever, ever need,” says Vance. “We employed somewhere between 600 and 800 Iraqis. We had thousands of rifles.”

Vance became so alarmed by what he saw that when he returned to Chicago in October 2005 for his father’s funeral, he called the FBI office there and volunteered his services. He says he became an informant because, “It’s just the right thing to do.”

Once back in Baghdad, Vance says he began almost daily secret contact with the FBI in Chicago, often through e-mails and with officials at the U.S. embassy, alleging illegal gun-running and corruption by the Iraqis who owned and ran the company.

“I really couldn’t tell you how many days I thought about, ‘What if I get caught?'” says Vance.

In April 2006, he thought that day had come. His co-worker, Nathan Ertel, also an American, tendered his resignation. And with that, Vance says, the atmosphere turned hostile.

“We were constantly watched,” Vance says, “We were not allowed to go anywhere from outside the compound or with the compound under the supervision of an Iraqi, an armed Iraqi guard.”

Vance says an Iraqi SGS manager then took their identification cards, which allowed them access to American facilities, such as the Green Zone. They felt trapped.

“We began making phone calls,” Vance recalls. “I called the FBI. The experts over at the embassy let it be known that you’re about to be kidnapped. We barricaded ourselves with as many guns as we can get our hands on. We just did an old-fashioned Alamo.”

The U.S. military did come to rescue them. Vance says he then led soldiers to the secret cache of rifles, ammunition, explosives, even land mines.

The two men say they — and other employees who were Westerners — were taken to the U.S. embassy and debriefed. But their ordeal was just beginning.

“[We saw] soldiers with shackles in their hands and goggles and zip-ties. And we just knew something was terribly wrong,” says Vance.

Vance and Ertel were eventually taken to Camp Cropper, a secret U.S. military prison near the Baghdad airport. It once held Saddam Hussein and now houses some of the most dangerous insurgents in all of Iraq.

Here’s what Vance and Ertel say happened in that prison: They were strip-searched and each put in solitary confinement in tiny, cold cells. They were deliberately deprived of sleep with blaring music and bright lights. They were hooded and cuffed whenever moved. And although they were never physically tortured, there was always that threat.

“The guards employ what I would like to call as verbal Kung-Fu,” says Vance. “It’s ‘do as we say or we will use excessive violence on you.'”

Their families back home had no idea what was happening. Until they were detained, Vance had called or e-mailed his fiancée, Diane Schwarz, every day while in Iraq — and now he was not allowed to do either.

“I am thinking, you know, he’s dead, he’s kidnapped,” recalls Schwarz.

After a week of intense interrogations for hours at a time, Vance learned why he was detained. He was given a document stating the military had found large caches of weapons at Vance’s company and suspected he “may be involved in the possible distribution of these weapons to insurgent/terrorist groups.”

He was a security detainee, just like an insurgent. And he says he was treated that way.

“The guards peeking in my cell see a Caucasian male, instantly they think he’s a foreign fighter,” says Vance. He recounts guards yelling at him, “You are Taliban. You are al-Qaida.”

Vance says the charges against him were false and mirror exactly the allegations he had been making against his own company to the FBI.

“I’m basically saying to them: ‘What are you talking about? I’ve been telling you for seven months now that this stuff is going on. You’re detaining me but not the actual people that are doing it!'”

A military panel, which reviews charges against detainees, eventually questioned Vance and Ertel. Both men were given a document that said, “You do not have the right to legal counsel.” The men say they could not see all the evidence used against them and did not have the legal protections typically afforded Americans.

But they were eventually allowed very infrequent phone calls, which were very frustrating for Vance and his fiancée.

“He’s crying, you know, he’s not getting any answers and I’m not able to help him,” says Schwarz. “And he’s not able to help himself.”

The military cleared Ertel and released him after more than a month in prison. But Vance stayed locked up.

At that point, prohibited from keeping notes, he began secretly scribbling diary entries and storing them in his military-issued Bible, whenever he had access to a pen.

The military now acknowledges that it took three weeks just to contact the FBI and confirm Vance was an informant. But even after that, Vance was held for another two months. In all, he was imprisoned for 97 days before being cleared of any wrongdoing and released.

“I looked like hell, completely emaciated, you know — beard, shaggy, dirty,” remembers Vance. “They showered me, shaved me, cleaned me up and dumped me at Baghdad International Airport like it never happened.

Throughout the ordeal, the U.S. military said it thought Vance was helping the insurgents. Wasn’t that a reasonable basis to hold and interrogate him?

“They could have investigated the true facts, found out exactly what was happening,” says Vance. “What doesn’t need to happen is throw people in a cell, we’ll figure out the answers later. That’s not the way to do things.”

Donald Vance and Nathan Ertel have now filed a lawsuit against the U.S. government and Donald Rumsfeld, who was secretary of defense when they were detained. It is generally very difficult to sue the government, but experts say this case may be different because Vance and Ertel are American citizens; they were civilians held by the U.S. military; and they were detained for such a long time.

Military officials would not comment, but a spokeswoman previously has said the men were treated fairly and humanely. The FBI also declined to comment, as did officials at SGS. The company’s name has changed, but it’s still doing business in Iraq. Neither the company, nor its executives, has been charged with any wrongdoing.

Vance says he hopes the lawsuit will reveal why the military held him so long, and why he was denied the legal protections guaranteed American citizens.

“This is just another step of our Constitution slowly being whittled away,” says Vance when asked why with all the tragedies and injustice in Iraq anyone should care about his story. “It’s basic fundamental rights of our founding fathers.”


Bin Laden may have arranged family’s US exit: FBI docs
June 20, 2007

Osama bin Laden may have chartered a plane that carried his family members and Saudi nationals out of the United States after the September 11, 2001 attacks, said FBI documents released Wednesday.

The papers, obtained through the Freedom of Information Act, were made public by Judicial Watch, a Washington-based group that investigates government corruption.

One FBI document referred to a Ryan Air 727 airplane that departed Los Angeles International Airport on September 19, 2001, and was said to have carried Saudi nationals out of the United States.

“The plane was chartered either by the Saudi Arabian royal family or Osama bin Laden,” according to the document, which was among 224 pages posted online.

The flight made stops in Orlando, Florida; Washington, DC; and Boston, Massachusetts and eventually left its passengers in Paris the following day.

In all, the documents detail six flights between September 14 and September 24 that evacuated Saudi nationals and bin Laden family members, Judicial Watch said in a statement.

“Incredibly, not a single Saudi national nor any of the bin Laden family members possessed any information of investigative value,” Judicial Watch said.

“These documents contain numerous errors and inconsistencies which call to question the thoroughness of the FBI’s investigation of the Saudi flights.

“For example, on one document, the FBI claims to have interviewed 20 of 23 passengers on the Ryan International Airlines flight … on another document the FBI claims to have interviewed 15 to 22 passengers on the same flight.”

Asked about the documents’ assertion that either bin Laden or the Saudi royals ordered the flight, an FBI spokesman said the information was inaccurate.

“There is no new information here. Osama bin Laden did not charter a flight out of the US,” FBI special agent Richard Kolko said.

“This is just an inflammatory headline by Judicial Watch to catch people’s attention. This was thoroughly investigated by the FBI.”

Kolko pointed to the 9-11 Commission Report, which was the book-length result of an official probe into the attacks on the World Trade Center in New York and the Pentagon in Washington that killed nearly 3,000 people.

“No political intervention was found. And most important, the FBI conducted a satisfactory screening of Saudi nationals that left on chartered flights. This is all available in the report,” Kolko said.

On the issue of flights of Saudi nationals leaving the United States, the 9-11 report said: “We found no evidence of political intervention” to facilitate the departure of Saudi nationals.

The commission also said: “Our own independent review of the Saudi nationals involved confirms that no one with known links to terrorism departed on these flights.”

Meredith Diliberto, an attorney with Judicial Watch, said that her group had seen a first version of the documents in 2005, although the FBI had heavily redacted the texts to black out names, including all references to bin Laden.

Nevertheless, unedited footnotes in the texts allowed lawyers to determine that bin Laden’s name had been redacted. They pressed the issue in court and in November 2006, the FBI was ordered to re-release the documents.

Diliberto said mention that “either” bin Laden or Saudi royals had chartered the flight “really threw us for a loop.”

“When you combine that with some of the family members not being interviewed, we found it very disturbing.”


How Low Can Bush Go?
President Bush registers the lowest approval rating of his presidency—making him the least popular president since Nixon
June 21, 2007
By Marcus Mabry

In 19 months, George W. Bush will leave the White House for the last time. The latest NEWSWEEK Poll suggests that he faces a steep climb if he hopes to coax the country back to his side before he goes. In the new poll, conducted Monday and Tuesday nights, President Bush’s approval rating has reached a record low. Only 26 percent of Americans, just over one in four, approve of the job the 43rd president is doing; while, a record 65 percent disapprove, including nearly a third of Republicans.

The new numbers—a 2 point drop from the last NEWSWEEK Poll at the beginning of May—are statistically unchanged, given the poll’s 4 point margin of error. But the 26 percent rating puts Bush lower than Jimmy Carter, who sunk to his nadir of 28 percent in a Gallup poll in June 1979. In fact, the only president in the last 35 years to score lower than Bush is Richard Nixon. Nixon’s approval rating tumbled to 23 percent in January 1974, seven months before his resignation over the botched Watergate break-in.

The war in Iraq continues to drag Bush down. A record 73 percent of Americans disapprove of the job Bush has done handling Iraq. Despite “the surge” in U.S. forces into Baghdad and Iraq’s western Anbar province, a record-low 23 percent of Americans approve of the president’s actions in Iraq, down 5 points since the end of March.

But the White House cannot pin his rating on the war alone. Bush scores record or near record lows on every major issue: from the economy (34 percent approve, 60 percent disapprove) to health care (28 percent approve, 61 percent disapprove) to immigration (23 percent approve, 63 percent disapprove). And—in the worst news, perhaps, for the crowded field of Republicans hoping to succeed Bush in 2008—50 percent of Americans disapprove of the president’s handling of terrorism and homeland security. Only 43 percent approve, on an issue that has been the GOP’s trump card in national elections since 9/11.

If there is any good news for Bush and the Republicans in the latest NEWSWEEK Poll, it’s that the Democratic-led Congress fares even worse than the president. Only 25 percent of Americans approve of the job Congress is doing.

In the scariest news for the Democratic candidates seeking their party’s nomination in 2008, even rank-and-file Democrats are unhappy with Congress, which is narrowly controlled by their party. Only 27 percent of Democrats approve of the job Congress is doing, a statistically insignificant difference from the 25 percent of Republicans and 25 percent of independents who approve of Congress.

Overall, 63 percent of Americans disapprove of the job Congress is doing, including 60 percent of Democrats, 67 percent of Republicans and 64 percent of Independents. Apparently, voters aren’t happy with anyone in Washington these days.


"Destroying human life in the hopes of saving human life is not ethical." – “president” George W. Bush, who vetoed Wednesday a bill that would have eased restraints on federally funded embryonic stem cell research, June 20, 2007. i have one word to say in response: IRAQ.

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Anti-war Marine gets general discharge
June 13, 2007
By HEATHER HOLLINGSWORTH

KANSAS CITY, Mo. – An Iraq war veteran was kicked out of the Marines early with a general discharge after he wore his uniform during an anti-war demonstration, the military announced Wednesday.

Lt. Gen. John W. Bergman, commanding general of Marine Forces Reserve in New Orleans, agreed Monday to give Marine Cpl. Adam Kokesh a general discharge under honorable conditions, based on a military panel’s recommendation. The general discharge, which is one notch short of honorable, was effective Monday.

Kokesh got in trouble after The Washington Post published a photograph of him in March roaming the nation’s capital with other veterans on a mock patrol.

A superior officer e-mailed Kokesh, saying he was being investigated because he might have violated a rule prohibiting troops from wearing uniforms at protests.

Kokesh, a member of Iraq Veterans Against the War, responded to the superior with an obscenity, prompting the Marines to take steps to remove him with an “other than honorable” discharge.

Kokesh, who is from Santa Fe, N.M., but is living in Washington, stressed that he removed his name tag and military emblems from his uniform, making it clear he was not representing the military. His attorneys also argued the demonstration was “street theater,” exempting it from rules governing where troops can wear uniforms.

Kokesh’s attorney, Mike Lebowitz, said he planned to appeal to the Navy Discharge Review Board in Washington, D.C., which he described as a step toward getting the case into federal court.

“It’s just an affirmation of a weak decision,” Kokesh said of Bergman’s decision, “and we are going to continue to fight this to re-establish the precedence that the Marine Corps can’t be used for political purposes.”

Staff Sgt. Dustan Johnson, a Marine spokesman, said the review board was separate from the Marine Corps Mobilization Command and he could not comment on the appeal.

During the hearing last week at the Marine Corps Mobilization Command in Kansas City, Kokesh’s attorneys said the case was about free speech, while a Marine attorney said it was about violating orders.

Kokesh’s attorneys argued their client was not subject to military rules because he is a nondrilling, nonpaid member of the Individual Ready Reserve, which consists mainly of those who have left active duty but still have time remaining on their eight-year military obligations.

His IRR service had been scheduled to end June 18; Kokesh had received an honorable discharge from active duty in November.

Because Kokesh was an inactive reservist, the Marines were required to prove that his conduct “directly affects the performance of military duties” for him to receive an “other than honorable” discharge.

The Marine attorney, Capt. Jeremy Sibert, argued that the case met that criterion, noting Congress was debating military spending during the protest.

Two other Iraq veterans were contacted by the Marines about their protest activities and traveled to Kansas City for Kokesh’s hearing. Cloy Richards, 23, of Salem, Mo., cooperated, and the Marines did not act further. A hearing date for the other Marine, Liam Madden, 22, of Boston, has not been set.

“Now that the Marine Corps is going after honorably discharged members, who are in fact civilians, for free speech rights, we are fighting back,” Lebowitz said in a telephone interview Wednesday. “We are seeking a precedent in federal court.”


What Do We Do Now?
June 14, 2007
By BRUCE K. GAGNON

I often hear from people asking me, “What should we do about all this? How can we stop Bush?”

I would first say that we must move beyond blaming Bush. The fact of U.S. empire is bigger than Bush. Hopefully by now, all of us are more clear how the Democrats have been, and are now, involved in enabling the whole U.S. military empire building plan. It is about corporate domination. Bush is just the front man for the big money.

So to me that is step #1.

Step #2 is to openly acknowledge that as a nation, and we as citizens, benefit from this U.S. military and economic empire. By keeping our collective military boot on the necks of the people of the world we get control of a higher percentage of the world’s resources. We, 5% of the global population in the U.S., use 25% of the global resource base. This reality creates serious moral questions that cannot be ignored.

Step #3 is to recognize that we are addicted to war and to violence. The very weaving together of our nation was predicated on violence when we began the extermination of the Native populations and introduced the institution of slavery. A veteran of George Washington’s Army, in 1779, said, “I really felt guilty as I applied the torch to huts that were homes of content until we ravagers came spreading desolation everywhere….Our mission here is ostensibly to destroy but may it not transpire, that we pillagers are carelessly sowing the seed of Empire.” The soldier wrote this as Washington’s Army set out to remove the Iroquois civilization from New York state so that the U.S. government could expand its borders westward toward the Mississippi River. The creation of the American empire was underway.

Our history since then has been endless war. Two-Time Congressional Medal of Honor Recipient Major General Smedley D. Butler, U.S. Marine Corps, told the story in his book War is a Racket. Butler recalls in his book, “I spent 33 years and 4 months in active military service….And during that period I spent most of my time as a high-class muscle man for Big Business, for Wall Street and the bankers. In short, I was a racketeer, a gangster for capitalism….Thus I helped make Mexico and especially Tampico safe for American oil interests in 1914. I helped make Haiti and Cuba a decent place for the National City Bank boys to collect revenues in. I helped in the raping of half a dozen Central American republics for the benefit of Wall Street….I helped purify Nicaragua for the international banking house of Brown Brothers in 1902-1912. I brought light to the Dominican Republic for American sugar interests in 1916. I helped make Honduras right for American fruit companies in 1903. In China in 1927, I helped see to it that Standard Oil went on its way unmolested.”

Step # 4 We have to begin to change how we think about our country. We have to learn to understand what oligarchy means. I’ll save you the trouble of having to look up the definition – A government in which power is in the hands of a few. When you have lost your democracy then what do the citizens do? They must fight (non-violently) to take it back. This of course means direct action and sometimes civil disobedience. Virtually everything good in our nation (abolition of slavery movement, women’s suffrage, civil rights movement, anti-war movements, etc) have come from people stepping up when they were needed. Calling for impeachment by the Congress becomes imperative today. Are you in or out?

Step #5 Forget the “every man for himself” mythology. We are all brainwashed in this country to believe in the rugged individualism story. But movement for change can only happen in community – working with others. So forget the ego centric notion that “one great man” is going to come save us. It’s going to take a village – in fact all the villages. Just like an addict goes to a group to seek help for addiction, knowing they can’t do it themselves, so we must form community to work for the needed change if we are to protect our children’s future.

Step # 6 What about my job? Another smothering myth in America is success. Keep your nose clean and don’t rock the boat. Don’t get involved in politics, especially calling for a revolution of values (like Martin Luther King Jr. did) or you will get labeled and then you can forget about owning that castle on the hill you’ve always dreamed of. In a way we become controlled by our own subservience to the success mythology. We keep ourselves in line because success and upward mobility become more important than protecting free speech, clean water, clean air, and ending an out of control government bent on world domination. Free our minds, free our bodies and we free the nation.

Step #7 Learn to work well with others. Sure we all want to be stars. But in the end we have to learn to set aside our egos if we want to be able to work with others to bring about the needed changes. Cindy Sheehan should not be hammered just for telling the truth about the Democrats playing footsie with Bush on the war.

Step # 8 It’s the money. How can I do this peace work when I have to work full-time just to pay the mortgage? I’d like to help but I’ve got bills to pay! Maybe we can begin to look at the consumerist life we lead and see that our addiction to the rat race keeps us from being fully engaged in the most important issue of our time – which is protecting the future generations. How can we begin to explore cooperative living arrangements, by building community, that free us up economically to be able to get more involved?

Step # 9 Learn to read again. Many of us don’t read enough. We spend our time in front of the TV, which is a primary tool that the power structure uses to brainwash us. We’ve got to become independent thinkers again and teach our kids to think for themselves. Reading and talking to others is a key. Read more history. All the answers and lessons can be found there.

Step #10 Learn to trust again and have fun. Some of the nicest people in the world are doing political work. Meet them and become friends with them and your life will change for the better.


Losing Iraq, Nuking Iran
June 7, 2007
By PAUL CRAIG ROBERTS

The war in Iraq is lost. This fact is widely recognized by American military officers and has been recently expressed forcefully by Lt. Gen. Ricardo Sanchez, the commander of US forces in Iraq during the first year of the attempted occupation.

Winning is no longer an option. Our best hope, Gen. Sanchez says, is “to stave off defeat,” and that requires more intelligence and leadership than Gen. Sanchez sees in the entirety of our national political leadership: “I am absolutely convinced that America has a crisis in leadership at this time.”

More evidence that the war is lost arrived June 4 with headlines reporting: “U.S.-led soldiers control only about a third of Baghdad, the military said on Monday.” After five years of war the US controls one-third of one city and nothing else.

A host of US commanding generals have said that the Iraq war is destroying the US military. A year ago Colin Powell said that the US Army is “about broken.” Lt. Gen. Clyde Vaughn says Bush has “piecemealed our force to death.” Gen. Barry McCafrey testified to the US Senate that “the Army will unravel.”

Col. Andy Bacevich, America’s foremost writer on military affairs, documents in the current issue of The American Conservative that Bush’s insane war has depleted and exhausted the US Army and Marine Corps:

“Only a third of the regular Army’s brigades qualify as combat-ready. In the reserve components, none meet that standard. When the last of the units reaches Baghdad as part of the president’s strategy of escalation, the US will be left without a ready-to-deploy land force reserve.”

“The stress of repeated combat tours is sapping the Army’s lifeblood. Especially worrying is the accelerating exodus of experienced leaders. The service is currently short 3,000 commissioned officers. By next year, the number is projected to grow to 3,500. The Guard and reserves are in even worse shape. There the shortage amounts to 7,500 officers. Young West Pointers are bailing out of the Army at a rate not seen in three decades. In an effort to staunch the losses, that service has begun offering a $20,000 bonus to newly promoted captains who agree to stay on for an additional three years. Meanwhile, as more and more officers want out, fewer and fewer want in: ROTC scholarships go unfilled for a lack of qualified applicants.”

Bush has taken every desperate measure. Enlistment ages have been pushed up from 35 to 42. The percentage of high school dropouts and the number of recruits scoring at the bottom end of tests have spiked. The US military is forced to recruit among drug users and convicted criminals. Bacevich reports that wavers “issued to convicted felons jumped by 30 percent.” Combat tours have been extended from 12 to 15 months, and the same troops are being deployed again and again.

There is no equipment for training. Bacevich reports that “some $212 billion worth has been destroyed, damaged, or just plain worn out.” What remains is in Iraq and Afghanistan.

Under these circumstances, “staying the course” means total defeat.

Even the neoconservative warmongers, who deceived Americans with the promise of a “cakewalk war” that would be over in six weeks, believe that the war is lost. But they have not given up. They have a last desperate plan: Bomb Iran. Vice President Dick Cheney is spear-heading the neocon plan, and Norman Podhoretz is the plan’s leading propagandist with his numerous pleas published in the Wall Street Journal and Commentary to bomb Iran. Podhoretz, like every neoconservative, is a total Islamophobe. Podhoretz has written that Islam must be deracinated and the religion destroyed, a genocide for the Muslim people.

The neocons think that by bombing Iran the US will provoke Iran to arm the Shiite militias in Iraq with armor-piercing rocket propelled grenades and with surface to air missiles and unleash the militias against US troops. These weapons would neutralize US tanks and helicopter gunships and destroy the US military edge, leaving divided and isolated US forces subject to being cut off from supplies and retreat routes. With America on the verge of losing most of its troops in Iraq, the cry would go up to “save the troops” by nuking Iran.

Five years of unsuccessful war in Iraq and Afghanistan and Israel’s recent military defeat in Lebanon have convinced the neocons that America and Israel cannot establish hegemony over the Middle East with conventional forces alone. The neocons have changed US war doctrine, which now permits the US to preemptively strike with nuclear weapons a non-nuclear power. Neocons are forever heard saying, “what’s the use of having nuclear weapons if you can’t use them.”

Neocons have convinced themselves that nuking Iran will show the Muslim world that Muslims have no alternative to submitting to the will of the US government. Insurgency and terrorism cannot prevail against nuclear weapons.

Many US military officers are horrified at what they think would be the worst ever orchestrated war crime. There are reports of threatened resignations. But Dick Cheney is resolute. He tells Bush that the plan will save him from the ignominy of losing the war and restore his popularity as the president who saved Americans from Iranian nuclear weapons. With the captive American media providing propaganda cover, the neoconservatives believe that their plan can pull their chestnuts out of the fire and rescue them from the failure that their delusion has wrought.

The American electorate decided last November that they must do something about the failed war and gave the Democrats control of both houses of Congress. However, the Democrats have decided that it is easier to be complicit in war crimes than to represent the wishes of the electorate and hold a rogue president accountable.

The prospect of nuking Iran doesn’t seem to disturb the three frontrunners for the Republican nomination, who agreed in their June 5 debate that the US might use nuclear weapons to destroy Iran’s uranium enrichment facilities.

If Cheney again prevails, America will supplant the Third Reich as the most reviled country in recorded history.


Twenty Things You Should Know About Corporate Crime
June 16, 2007
By Russell Mokhiber

20. Corporate crime inflicts far more damage on society than all street crime combined.

Whether in bodies or injuries or dollars lost, corporate crime and violence wins by a landslide.

The FBI estimates, for example, that burglary and robbery — street crimes — costs the nation $3.8 billion a year.

The losses from a handful of major corporate frauds — Tyco, Adelphia, Worldcom, Enron — swamp the losses from all street robberies and burglaries combined.

Health care fraud alone costs Americans $100 billion to $400 billion a year.

The savings and loan fraud — which former Attorney General Dick Thornburgh called “the biggest white collar swindle in history” — cost us anywhere from $300 billion to $500 billion.

And then you have your lesser frauds: auto repair fraud, $40 billion a year, securities fraud, $15 billion a year — and on down the list.

19. Corporate crime is often violent crime.

Recite this list of corporate frauds and people will immediately say to you: but you can’t compare street crime and corporate crime — corporate crime is not violent crime.

Not true.

Corporate crime is often violent crime.

The FBI estimates that, 16,000 Americans are murdered every year.

Compare this to the 56,000 Americans who die every year on the job or from occupational diseases such as black lung and asbestosis and the tens of thousands of other Americans who fall victim to the silent violence of pollution, contaminated foods, hazardous consumer products, and hospital malpractice.

These deaths are often the result of criminal recklessness. Yet, they are rarely prosecuted as homicides or as criminal violations of federal laws.

18. Corporate criminals are the only criminal class in the United States that have the power to define the laws under which they live.

The mafia, no.

The gangstas, no.

The street thugs, no.

But the corporate criminal lobby, yes. They have marinated Washington — from the White House to the Congress to K Street — with their largesse. And out the other end come the laws they can live with. They still violate their own rules with impunity. But they make sure the laws are kept within reasonable bounds.

Exhibit A — the automobile industry.

Over the past 30 years, the industry has worked its will on Congress to block legislation that would impose criminal sanctions on knowing and willful violations of the federal auto safety laws. Today, with very narrow exceptions, if an auto company is caught violating the law, only a civil fine is imposed.

17. Corporate crime is underprosecuted by a factor of say — 100. And the flip side of that — corporate crime prosecutors are underfunded by a factor of say — 100.

Big companies that are criminally prosecuted represent only the tip of a very large iceberg of corporate wrongdoing.

For every company convicted of health care fraud, there are hundreds of others who get away with ripping off Medicare and Medicaid, or face only mild slap-on-the-wrist fines and civil penalties when caught.

For every company convicted of polluting the nation’s waterways, there are many others who are not prosecuted because their corporate defense lawyers are able to offer up a low-level employee to go to jail in exchange for a promise from prosecutors not to touch the company or high-level executives.

For every corporation convicted of bribery or of giving money directly to a public official in violation of federal law, there are thousands who give money legally through political action committees to candidates and political parties. They profit from a system that effectively has legalized bribery.

For every corporation convicted of selling illegal pesticides, there are hundreds more who are not prosecuted because their lobbyists have worked their way in Washington to ensure that dangerous pesticides remain legal.

For every corporation convicted of reckless homicide in the death of a worker, there are hundreds of others that don’t even get investigated for reckless homicide when a worker is killed on the job. Only a few district attorneys across the country have historically investigated workplace deaths as homicides.

White collar crime defense attorneys regularly admit that if more prosecutors had more resources, the number of corporate crime prosecutions would increase dramatically. A large number of serious corporate and white collar crime cases are now left on the table for lack of resources.

16. Beware of consumer groups or other public interest groups who make nice with corporations.

There are now probably more fake public interest groups than actual ones in America today. And many formerly legitimate public interest groups have been taken over or compromised by big corporations. Our favorite example is the National Consumer League. It’s the oldest consumer group in the country. It was created to eradicate child labor.

But in the last ten years or so, it has been taken over by large corporations. It now gets the majority of its budget from big corporations such as Pfizer, Bank of America, Pharmacia & Upjohn, Kaiser Permanente, Wyeth-Ayerst, and Verizon.

15. It used to be when a corporation committed a crime, they pled guilty to a crime.

So, for example, so many large corporations were pleading guilty to crimes in the 1990s, that in 2000, we put out a report titled The Top 100 Corporate Criminals of the 1990s. We went back through all of the Corporate Crime Reporters for that decade, pulled out all of the big corporations that had been convicted, ranked the corporate criminals by the amount of their criminal fines, and cut it off at 100.

So, you have your Fortune 500, your Forbes 400, and your Corporate Crime Reporter 100.

14. Now, corporate criminals don’t have to worry about pleading guilty to crimes.

Three new loopholes have developed over the past five years — the deferred prosecution agreement, the non prosecution agreement, and pleading guilty a closet entity or a defunct entity that has nothing to lose.

13. Corporations love deferred prosecution agreements.

In the 1990s, if prosecutors had evidence of a crime, they would bring a criminal charge against the corporation and sometimes against the individual executives. And the company would end up pleading guilty.

Then, about three years ago, the Justice Department said — hey, there is this thing called a deferred prosecution agreement.

We can bring a criminal charge against the company. And we will tell the company — if you are a good company and do not violate the law for the next two years, we will drop the charges. No harm, no foul. This is called a deferred prosecution agreement.

And most major corporate crime prosecutions are brought this way now. The company pays a fine. The company is charged with a crime. But there is no conviction. And after two or three years, depending on the term of the agreement, the charges are dropped.

12. Corporations love non prosecution agreements even more.

One Friday evening last July, I was sitting my office in the National Press Building. And into my e-mail box came a press release from the Justice Department.

The press release announced that Boeing will pay a $50 million criminal penalty and $615 million in civil penalties to resolve federal claims relating to the company’s hiring of the former Air Force acquisitions chief Darleen A. Druyun, by its then CFO, Michael Sears — and stealing sensitive procurement information.

So, the company pays a criminal penalty. And I figure, okay if they paid a criminal penalty, they must have pled guilty.

No, they did not plead guilty.

Okay, they must have been charged with a crime and had the prosecution deferred.

No, they were not charged with a crime and did not have the prosecution deferred.

About a week later, after pounding the Justice Department for an answer as to what happened to Boeing, they sent over something called a non prosecution agreement.

That is where the Justice Department says — we’re going to fine you criminally, but hey, we don’t want to cost you any government business, so sign this agreement. It says we won’t prosecute you if you pay the fine and change your ways.

Corporate criminals love non prosecution agreements. No criminal charge. No criminal record. No guilty plea. Just pay the fine and leave.

11. In health fraud cases, find an empty closet or defunct entity to plead guilty.

The government has a mandatory exclusion rule for health care corporations that are convicted of ripping off Medicare.

Such an exclusion is the equivalent of the death penalty. If a major drug company can’t do business with Medicare, it loses a big chunk of its business. There have been many criminal prosecutions of major health care corporations for ripping off Medicare. And many of these companies have pled guilty. But not one major health care company has been excluded from Medicare.

Why not?

Because when you read in the newspaper that a major health care company pled guilty, it’s not the parent company that pleads guilty. The prosecutor will allow a unit of the corporation that has no assets — or even a defunct entity — to plead guilty. And therefore that unit will be excluded from Medicare — which doesn’t bother the parent corporation, because the unit had no business with Medicare to begin with.

Earlier, Dr. Sidney Wolfe was here and talked about the criminal prosecution of Purdue Pharma, the Stamford, Connecticut-based maker of OxyContin.

Dr. Wolfe said that the company pled guilty to pushing OxyContin by making claims that it is less addictive and less subject to abuse than other pain medications and that it continued to do so despite warnings to the contrary from doctors, the media, and members of its own sales force.

Well, Purdue Pharma — the company that makes and markets the drug — didn’t plead guilty. A different company — Purdue Frederick pled guilty. Purdue Pharma actually got a non-prosecution agreement. Purdue Frederick had nothing to lose, so it pled guilty.

10. Corporate criminals don’t like to be put on probation.

Very rarely, a corporation convicted of a crime will be placed on probation. Many years ago, Consolidated Edison in New York was convicted of an environmental crime. A probation official was assigned. Employees would call him with wrongdoing. He would write reports for the judge. The company changed its ways. There was actual change within the corporation.

Corporations hate this. They hate being under the supervision of some public official, like a judge.

We need more corporate probation.

9. Corporate criminals don’t like to be charged with homicide.

Street murders occur every day in America. And they are prosecuted every day in America. Corporate homicides occur every day in America. But they are rarely prosecuted.

The last homicide prosecution brought against a major American corporation was in 1980, when a Republican Indiana prosecutor charged Ford Motor Co. with homicide for the deaths of three teenaged girls who died when their Ford Pinto caught on fire after being rear-ended in northern Indiana.

The prosecutor alleged that Ford knew that it was marketing a defective product, with a gas tank that crushed when rear ended, spilling fuel.

In the Indiana case, the girls were incinerated to death.

But Ford brought in a hot shot criminal defense lawyer who in turn hired the best friend of the judge as local counsel, and who, as a result, secured a not guilty verdict after persuading the judge to keep key evidence out of the jury room.

It’s time to crank up the corporate homicide prosecutions.

8. There are very few career prosecutors of corporate crime.

Patrick Fitzgerald is one that comes to mind. He’s the U.S. Attorney in Chicago. He put away Scooter Libby. And he’s now prosecuting the Canadian media baron Conrad Black.

7. Most corporate crime prosecutors see their jobs as a stepping stone to greater things.

Spitzer and Giuliani prosecuted corporate crime as a way to move up the political ladder. But most young prosecutors prosecute corporate crime to move into the lucrative corporate crime defense bar.

6. Most corporate criminals turn themselves into the authorities.

The vast majority of corporate criminal prosecutions are now driven by the corporations themselves. If they find something wrong, they know they can trust the prosecutor to do the right thing. They will be forced to pay a fine, maybe agree to make some internal changes.

But in this day and age, in all likelihood, they will not be forced to plead guilty.

So, better to be up front with the prosecutor and put the matter behind them. To save the hide of the corporation, they will cooperate with federal prosecutors against individual executives within the company. Individuals will be charged, the corporation will not.

5. The market doesn’t take most modern corporate criminal prosecutions seriously.

Almost universally, when a corporate crime case is settled, the stock of the company involved goes up.

Why? Because a cloud has been cleared and there is no serious consequence to the company. No structural changes in how the company does business. No monitor. No probation. Preserving corporate reputation is the name of the game.

4. The Justice Department needs to start publishing an annual Corporate Crime in the United States report.

Every year, the Justice Department puts out an annual report titled “Crime in the United States.”

But by “Crime in the United States,” the Justice Department means “street crime in the United States.”

In the “Crime in the United States” annual report, you can read about burglary, robbery and theft.

There is little or nothing about price-fixing, corporate fraud, pollution, or public corruption.

A yearly Justice Department report on Corporate Crime in the United States is long overdue.

3. We must start asking — which side are you on — with the corporate criminals or against?

Most professionals in Washington work for, are paid by, or are under the control of the corporate crime lobby. Young lawyers come to town, fresh out of law school, 25 years old, and their starting salary is $160,000 a year. And they’re working for the corporate criminals.

Young lawyers graduating from the top law schools have all kinds of excuses for working for the corporate criminals — huge debt, just going to stay a couple of years for the experience.

But the reality is, they are working for the corporate criminals.

What kind of respect should we give them? Especially since they have many options other than working for the corporate criminals.

Time to dust off that age-old question — which side are you on? (For young lawyers out there considering other options, check out Alan Morrison’s new book, Beyond the Big Firm: Profiles of Lawyers Who Want Something More.)

2. We need a 911 number for the American people to dial to report corporate crime and violence.

If you want to report street crime and violence, call 911.

But what number do you call if you want to report corporate crime and violence?

We propose 611.

Call 611 to report corporate crime and violence.

We need a national number where people can pick up the phone and report the corporate criminals in our midst.

What triggered this thought?

We attended the press conference at the Justice Department the other day announcing the indictment of Congressman William Jefferson (D-Louisiana).

Jefferson was the first U.S. official charged with violating the Foreign Corrupt Practices Act.

Federal officials alleged that Jefferson was both on the giving and receiving ends of bribe payments.

On the receiving end, he took $100,000 in cash — $90,000 of it was stuffed into his freezer in Washington, D.C.

The $90,000 was separated in $10,000 increments, wrapped in aluminum foil, and concealed inside various frozen food containers.

At the press conference announcing the indictment, after various federal officials made their case before the cameras, up to the mike came Joe Persichini, assistant director of the Washington field office of the FBI.

“To the American people, I ask you, take time,” Persichini said. “Read this charging document line by line, scheme by scheme, count by count. This case is about greed, power and arrogance.”

“Everyone is entitled to honest and ethical public service,” Persichini continued. “We as leaders standing here today cannot do it alone. We need the public’s help. The amount of corruption is dependent on what the public with allow.

Again, the amount of corruption is dependent on what the public will allow.”

“”f you have knowledge of, if you’ve been confronted with or you are participating, I ask that you contact your local FBI office or you call the Washington Field Office of the FBI at 202.278.2000. Thank you very much.”

Shorten the number — make it 611.

1. And the number one thing you should know about corporate crime?

Everyone is deserving of justice. So, question, debate, strategize, yes.

But if God-forbid you too are victimized by a corporate criminal, you too will demand justice.

We need a more beefed up, more effective justice system to deal with the corporate criminals in our midst.


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Court rules in favor of enemy combatant
11 June, 2007
By ZINIE CHEN SAMPSON

RICHMOND, Va. – A divided panel from a conservative federal appeals court harshly rebuked the Bush administration’s anti-terrorism strategy Monday, ruling that U.S. residents cannot be locked up indefinitely as “enemy combatants” without being charged.

The three-judge panel of the 4th U.S. Circuit Court of Appeals ruled that the government should charge Ali al-Marri, a legal U.S. resident and the only suspected enemy combatant on American soil, or release him from military custody.

The federal Military Commissions Act doesn’t strip al-Marri of his constitutional right to challenge his accusers in court, the judges found in Monday’s 2-1 decision.

“Put simply, the Constitution does not allow the President to order the military to seize civilians residing within the United States and then detain them indefinitely without criminal process, and this is so even if he calls them ‘enemy combatants,'” the court said.

Such detention “would have disastrous consequences for the Constitution — and the country,” Judge Diana G. Motz wrote in the majority opinion, which was joined by Judge Roger Gregory. Judge Henry E. Hudson, a federal judge in Richmond, dissented.

“This is a landmark victory for the rule of law and a defeat for unchecked executive power,” al-Marri’s lawyer, Jonathan Hafetz, said in a statement. “It affirms the basic constitutional rights of all individuals — citizens and immigrants — in the United States.”

The government intends to ask the full 4th Circuit to hear the case, Justice Department spokesman Dean Boyd said.

“The President has made clear that he intends to use all available tools at his disposal to protect Americans from further al-Qaida attack, including the capture and detention of al-Qaida agents who enter our borders,” Boyd said in a statement.

The court said its ruling doesn’t mean al-Marri should be set free. Instead, he can be returned to the civilian court system and tried on criminal charges.

In his dissent, Hudson said the government properly detained al-Marri as an enemy combatant.

“Although al-Marri was not personally engaged in armed conflict with U.S. forces, he is the type of stealth warrior used by al-Qaeda to perpetrate terrorist acts against the United States,” wrote Hudson, who was appointed to the federal bench by President Bush. The other two judges were appointed by President Bill Clinton.

The decision is the latest in a series of court rulings against the Bush administration’s anti-terrorism program.

Last August, a federal judge in Detroit said the government’s domestic spying program violated constitutional rights to free speech and privacy, and the constitutional separation of powers. Five months later, the Bush administration announced it would allow judicial review of the spying program run by the National Security Agency.

A year ago, the Supreme Court threw out Bush’s system of military trials for detainees at Guantanamo Bay, saying he had exceeded his authority and was in violation of international treaties. The Republican-led Congress then pushed through legislation authorizing war-crime trials for the detainees and denying them access to civilian courts.

But last week, military judges barred the Pentagon from prosecuting two of the Guantanamo detainees because the government had failed to identify them as “unlawful” enemy combatants, as required by Congress. The decisions were a blow to efforts to begin prosecuting dozens of detainees the government regards as the nation’s most dangerous terrorism suspects.

Al-Marri has been held in solitary confinement in the Navy brig in Charleston, S.C., since June 2003. The Qatar native has been detained since his December 2001 arrest at his home in Peoria, Ill., where he moved with his wife and five children a day before the Sept. 11, 2001, terrorist attacks to study for a master’s degree at Bradley University.

Federal investigators found credit card numbers on al-Marri’s laptop computer and charged him with credit card fraud. Upon further investigation, the government said, agents found evidence that al-Marri had links to al-Qaida terrorists and was a national security threat. Authorities shifted al-Marri’s case from the criminal system and moved him to indefinite military detention.

Al-Marri has denied the government’s allegations and is seeking to challenge the government’s evidence and cross-examine its witnesses in court. Hafetz said prosecutors haven’t charged his client because they lack evidence, “or the evidence they’ve obtained is through torture, unreliable or unacceptable in civilized society.”

Al-Marri is currently the only U.S. resident held as an enemy combatant within the U.S.

Jose Padilla, who is a U.S. citizen, had been held as an enemy combatant in a Navy brig for 3 1/2 years before he was hastily added to an existing case in Miami in November 2005, a few days before a U.S. Supreme Court deadline for Bush administration briefs on the question of the president’s powers to continue holding him in military prison without charge.

Yaser Hamdi, an American citizen captured in Afghanistan in 2001, was released to his family in Saudi Arabia in October 2004 after the Justice Department said he no longer posed a threat to the United States. As a condition of his release, he gave up U.S. citizenship.

If the government’s stance was upheld, civil liberties groups said, the Justice Department could use terrorism law to hold anyone indefinitely and strip them of the right to use civilian courts to challenge their detention.

The Bush administration’s attorneys had urged the federal appeals panel to dismiss al-Marri’s challenge, arguing that the Military Commissions Act stripped the courts of jurisdiction to hear cases of detainees who are declared enemy combatants. They contended that Congress and the Supreme Court have given the president the authority to fight terrorism and prevent additional attacks on the nation.

The court, however, said in Monday’s opinion that the act doesn’t apply to al-Marri, who wasn’t captured outside the U.S., detained at Guantanamo Bay or in another country, and who has not received a combatant status review tribunal.

“The MCA was not intended to, and does not apply to aliens like al-Marri, who have legally entered, and are seized while legally residing in, the United States,” the court said.

The court also said the government failed to back up its argument that the Authorization for Use of Military Force, enacted by Congress immediately after the Sept. 11 attacks, gives the president broad powers to detain al-Marri as an enemy combatant. The act neither classifies certain civilians as enemy combatants, nor otherwise authorizes the government to detain people indefinitely, the court ruled.

The case, which is expected to reach the Supreme Court, could help define how much authority the government has to indefinitely detain those accused of terrorism and to strip detainees of their rights to challenge the lawfulness or conditions of their detention.


The Emptiness of the US Rhetoric of Success
10, June, 2007
By Neil Berry

It has been said that the United States is apt to view the rest of mankind as “failed Americans”. This is hardly new, but the era of President George W. Bush has surely witnessed an unprecedented upsurge of American self-flattery and self-aggrandizement. Bush and the neoconservative ideologues gathered around him have routinely portrayed the US as the very summit of human achievement, a polity before which the wider world is bound to genuflect in abject awe.

It is true that the Bush administration, with its catastrophic foreign policy, has rendered America globally unpopular as perhaps never before. Yet there has not been a more concerted effort to challenge the US rhetoric of success, the endless boasting about the superiority of all things American. Possibly because of the ubiquity of American popular culture there is still a willingness to accept America at its own overblown valuation. It is a willingness that is perhaps particularly deep-rooted in the Arab world.

It is curious that so many Arabs remain envious of the American way of life at a time when the US has demonstrated such contempt for the Arab people. The truth is that the idea of America retains a dazzling allure — though America is afflicted by a chronic moral and spiritual malaise.

Increasingly, the ills of the US are also the ills of the West in general, not least of Britain, which since the 1980s has in many ways become a European mirror of American society. During a recent public discussion in London about “Being Arab”, the collection of essays by the assassinated Palestine-born intellectual Samir Kassir, a member of the audience blurted out that she could not understand why it was taken for granted that it is Arab culture that is in an especially parlous condition. What about Britain? Was the Britain presided over by Prime Minister Tony Blair such an exemplary place? It was an excellent point and one which none of the participants in the discussion tried very hard to refute. With its apotheosis of the free market and cult of acquisitive individualism, Britain has striven hard to become a mini-US, though the results have not been encouraging.

It could even be argued that it is not freedom and democracy but high levels of stress and mounting psychological disorder that are America’s true gift to the world. As arrogant as he is inadequate, George W. Bush may be taken as an authentic personification of contemporary America.

Historians will savor the irony that at such a moment the United States and Britain spawned self-righteous Christian leaders who did not hesitate to lecture other peoples on the higher virtue of their “civilization”. America and its British satellite alike had less on which to congratulate themselves than they liked to claim even before the epoch-making betrayal of their own vaunted moral standards epitomized by Guantanamo Bay. That there is now a worldwide tide of anti-American feeling must be accounted a positive development. Even a former US president is now lining up with much of the rest of the world as an “anti-American”. Indeed, too much can hardly be made of the extraordinary denunciation by former President Jimmy Carter of Bush’s unilateralism and the appalling folly of Britain’s prime minister in endorsing it. When if ever before did a former president castigated a successor in such terms?

This is a welcome reminder that the current administration does not speak for the whole of America. The grievous damage it has done to America’s standing will not be quickly undone, even if the influence of neoconservative ideologues like Paul Wolfowitz and Richard Perle is no longer in the ascendant. And it is thanks to regressive policymakers such as Wolfowitz that Washington has brought to its dealings with the Middle East an absence of understanding that has been above all notable for its sheer perversity. In his timely and informative study, “What the Arabs think of America”, Andrew Hammond points out that the neoconservatives have promoted a fundamental misconception of the Arab worldview. Wolfowitz set special store by the work of the Zionist historian Bernard Lewis. The departing president of the World Bank maintained that Lewis’ book on Islam, “What went Wrong?” taught him “how to understand the complex and important history of the Middle East and use it to guide us where we will go next to build a better world for generations”. Yet Lewis’ book is a far from reliable guide. Most dubiously, it explains anti-American sentiment in the Arab world not with reference to the latter-day Arab preoccupation with the Zionist project and the Palestine-Israel conflict but in terms of historic Arab feelings of humiliation at the hands of the Christian West. In fact, the book makes scant mention of Israel.

It may be that neoconservative Zionists, with their obsession with the fate of Israel, have deliberately sought to mislead Western public opinion over this central issue — though it also seems likely that the public which turned Bernard Lewis’ book into a post-9/11 best-seller was only too ready to embrace its anti-Islamic stance; after all, it is not only rabid Zionists who loath to see beyond Judeo-Christian views of the Middle East.

What can safely be said is that today’s warmongering Western leaders and ideologues will not be remembered for their wisdom. Rather, they will be recalled for getting things woefully wrong — for being, in a word, precisely what they accused others of being: Failures.