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WASHINGTON - President George W.
Bush nominated conservative judge John Roberts to the
US Supreme Court, a move that could shape the outcome
of battles over volatile issues like abortion for decades.
Republicans welcomed the choice
of a candidate with a reputation as a brilliant lawyer
with right wing credentials. But senior Democrats
expressed doubts, setting the scene for a Senate battle
over Roberts' confirmation.
"The decisions of the Supreme Court affect the
life of every American," the president said in
a televised address from the White House, with the 50-year-old
federal appeals court judge at his side.
"A nominee to that court must be a person of superb
credentials and the highest integrity, a person who
will faithfully apply the constitution and keep our
founding promise of equal justice under law. I have
found such a person in Judge John Roberts," said
Bush.
Bush shrugged off pressure to pick a woman to replace
Justice
Sandra Day O'Connor, a moderate conservative who was
the first woman to serve on the court and often cast
the deciding vote in controversial decisions.
The president urged the Senate, where his Republican
party has 55 of the 100 seats, to confirm Roberts by
the first week of October, when the Supreme Court opens
a new session.
"This confirmation can be done in a timely manner,"
said Bush. "So I have full confidence that the
Senate will rise to the occasion and act promptly on
this nomination."
But the nomination immediately opened a new partisan
divide. "We know Judge Roberts
is no Sandra Day O'Connor, and the White House has sent
a clear signal," said John Kerry, the Democratic
senator who fought Bush for the presidency last year.
"There are serious questions that must be answered
involving Judge Roberts' judicial philosophy as demonstrated
over his short time on the appellate court."
Other Democrats promised intense scrutiny of Roberts
stand on issues such as abortion.
The top Democrat in the Senate, Harry Reid, set the
stage for tough questioning by saying the nominee had
"suitable legal credentials" but required
more scrutiny.
Leading US dailies said Wednesday Bush's nomination
should be carefully vetted by the Senate to determine
exactly what if any ideological leaning he might have.
"If he is a mainstream conservative
... he should be confirmed. But if on closer inspection
he turns out to be an extreme ideologue with an agenda
of stripping away important rights, he should not be,"
said The New York Times.
While The Washington Post
considers Roberts "a man of substance and seriousness"
whose nomination "is not a provocation to Democrats,"
it cautions that "nobody
really knows what (he) believes, because he has been
unusually careful about not discussing his views."
"So sphinx-like has he been,"
added the Post editorial, "that some conservatives
have suggested he might ... not be a real conservative
at all."
Comment: Dream
on... Bush nominated him.
Roberts "has a thin record
on controversial subjects ... (that) gives the other
side so little to work with," said the Times,
while USA Today said that "while certainly conservative,"
Roberts' legal record "is largely opaque."
For this reason, the three newspapers agree that Roberts
deserves a careful confirmation hearing by the Senate.
Of special concern, said the Post, are Roberts' views
on abortion rights and "the balance of power between
the federal government and the states."
"If extremists take control of
the Supreme Court," warned the Times, "we
will end up with an America in which the federal government
is powerless to protect against air pollution, unsafe
working conditions and child labor."
Comment: Well,
golly! By all means, give the federal government whatever
powers they want! The last thing America needs is a
Supreme Court that dares to disagree with the fuhrer!
Extremists will take over the Supreme Court, but not
to prevent the Bush Reich from exercising their
power... After all, Bush is the one who chose Roberts.
For this reason, said the Post, "such a substantial
picture of a nominee will require a serious and dignified
confirmation process."
"He should be asked in detail his views of how
the Constitution should be interpreted," said USA
Today.
The nomination was Bush's first chance to reshape the
ideological balance of the court, which has immense
influence over the lives of Americans as the final arbiter
of the constitution and court of last resort.
Because justices serve for life or until they retire,
they regularly decide critical and controversial political
and legal issues long after the president who picked
them is gone.
Roberts' last notable decision came
only last week when his appeals court overturned a lower
court decision that the special military tribunals for
suspected terrorists at the Guantanamo detention camp
in Cuba were illegal.
The decision was a victory for the
Bush administration in its handling of the "war
on terrorism" detainees. But
a new appeal is now expected to go to the Supreme Court.
Comment: And here
we have our answer as to where Roberts stands. No wonder
Bush is pushing for a quick confirmation...
Roberts graduated from
Harvard Law School in 1979, was a clerk to arch-conservative
US Supreme Court Chief Justice William Rehnquist, served
in president Ronald Reagan's White House, and was
a senior federal prosecutor under Bush's father, former
president George Bush.
"He is regarded by many people as the best supreme
court litigator of his generation," said James
Lindgren, a professor of law at Northwestern University
in Illinois, who added that Roberts
conservative creed could lead to a "nasty fight"
in the Senate.
O'Connor's retirement opened the first vacancy on the
Supreme Court in 11 years. The last justice appointed
was the liberal Justice
Stephen Breyer, who was named by president Bill Clinton.
Justice Ruth Bader Ginsburg is now the sole woman on
the nine justice Supreme Court bench.
Comment: First
we read this:
Roberts "has a thin record
on controversial subjects ... (that) gives the other
side so little to work with," said the Times
And then this:
Roberts' last notable decision
came only last week when his appeals court overturned
a lower court decision that the special military tribunals
for suspected terrorists at the Guantanamo detention
camp in Cuba were illegal.
The editors at the Times obviously didn't bother to
do their homework.
By DEB RIECHMANN
The Associated Press
Wednesday, July 20, 2005; 2:03 AM
WASHINGTON -- President Bush named
federal appeals judge John G. Roberts Jr. to fill the
first Supreme Court vacancy in a decade on Tuesday,
delighting Republicans and unsettling Democrats by picking
a young jurist of impeccably conservative credentials.
[...]
In brief remarks, Roberts said he has argued 39 cases
before the Supreme Court in a career as a private attorney
and government lawyer. "I always got a lump in
my throat whenever I walked up those marble steps to
argue a case before the court, and I don't think it
was just from the nerves," he said. [...]
While he lacks national name recognition, the Harvard-educated
Roberts is a Washington insider who has worked over
the years at the White House, Justice Department and
in private practice. [...]
"He has been a judge for
only two years and authored about 40 opinions, only
three of which have drawn any dissent,"
said Wendy Long, a lawyer representing the conservative
Judicial Confirmation Network, adding that his
record appears to suit Bush's desire to nominate a judge
who will apply the law, as written, and leave policy
decisions to the elected branches of government. [...]
Bush did not ask Roberts any questions
about abortion, gay marriage or other specific issues
that might come before the Supreme Court, the official
said.
Comment: Bush
doesn't care about the "important issues"
like abortion and gay marriage. As Bush himself has
stated, what he wants is a judge who will not "legislate
from the bench", but rather enforce the laws that
King George makes. Add to this picture Roberts' recent
ruling on Guantanamo, and it is quite clear that the
Bush administration will have an iron grip on the Supreme
Court soon enough. With the highest court in the nation
in its back pocket, there will be nothing to stop the
Neocon cabal from implementing whatever laws they see
fit, just as Hitler did after securing Germany's court
system. It seems old George really wasn't joking about
being a dictator after all...
So now we know: it's John
Roberts for the Supreme Court. The main focus of
debate on the pick will undoubtedly be Roberts' statement
on abortion, while serving as deputy solicitor general
Bush I, declaring that Roe v. Wade was wrong. This is
the only "controversial" angle cited by the
NY Times' loving – not to say groveling –
profile this morning, which then goes on to give Roberts
an alibi, if he wants it: that he was only dutifully
stating the government's position at the time.
But all of this is a smokescreen.The NY Times doesn't even mention
Roberts' most dangerous decision, issued just last Friday,
when, as part of a panel of appeals judges, he
upheld Bush's outrageous claim of dictatorial powers:
the right to dispose of anyone he arbitrarily designates
an "enemy combatant" as he sees fit; in this
case, sending them to the kangaroo court "military
tribunals" he has concocted.
I'm writing more extensively on this case for the Moscow
Times later this week, but here's the gist: Roberts'
decision is part of an on-going process of elevating
the president beyond the reach of law -- essentially
a slow-rolling coup d'état, replacing the old
American Republic (or what's left of it) with an authoritarian
"Commander-in-Chief State." (Deep Blade has
more examples of this process here.) How so? Here's
a preview of the column:
"The principle of arbitrary rule by an autocratic
leader is being openly established, through a series
of unchallenged executive orders, perverse Justice Department
rulings and court decisions by sycophantic judges who
defer to power – not law – in their determinations.
What we are witnessing is the
creation of a "Commander-in-Chief State,"
where the form and pressure of law no longer apply to
the president and his designated agents. The
rights of individuals are no longer inalienable, nor
are their persons inviolable; all depends on the good
will of the Commander, the military autocrat.
"[Through a series of executive orders and presidential
directives, beginning in October 2001] George
W. Bush has granted himself the power to declare anyone
on earth – including any American citizen –
an 'enemy combatant,' for any reason he sees fit. He
can render them up to torture, he can imprison them
for life, he can even have them killed, all without
charges, with no burden of proof, no standards of evidence,
no legislative oversight, no appeal, no judicial process
whatsoever except those that he himself deigns to construct,
with whatever limitations he cares to impose.
Nor can he ever be prosecuted for any order he issues,
however criminal; in the new American system laid out
by Bush's legal minions, the Commander is sacrosanct,
beyond the reach of any law or constitution.
"[In last week's decision, Roberts and his fellow
judges] ruled that the Commander's abitrarily designated
"enemies" are non-persons: neither the Geneva
Conventions nor American military and domestic law apply
to such human garbage. Bush is now free to subject anyone
he likes to the "military tribunal" system
he has concocted – a brutal sham that some top
retired military officials have denounced as a "kangaroo
court" that will be used by tyrants around the
world to "hide their oppression under U.S. precedent."
The column will explore the implications of this decision
in more detail. But the fact is that Roberts -- this
affable "insider," this "regular guy"
from Indiana -- will now be implementing the anti-American
principle of unlimited presidential authority on the
highest court in the land. Too
bad the NY Times doesn't think this is controversial.
Meanwhile, regarding the Roberts' nomination, let me
cry out with Hamlet: "O my prophetic soul!"
I'm not often this right when I peer into the crystal
ball, but I do think that Bush's pick is pretty much
along the lines I predicted here on July 4, when I wrote:
"For what it's worth, here's my prediction on
Bush's Supreme Court nominee: it won't be any of the
"hot-button" prospects (Gonzales, Pryor, etc.).
It will be some Federalist Society apparatchik who has
plugged along for years, quietly, unnoticed, issuing
consistently right-wing rulings but with a minimum of
overheated Borkian/Scalian rhetoric.
"It will be someone who will evoke this kind of
reaction among the "conventional wisdom" clique
(Richard Cohen or E.J. Dionne, say): 'At first glance,
at least, President Bush has made a surprisingly solid
pick for the Supreme Court: a conservative to be sure,
but no ideologue, no firebrand. All the lefty bloggers
and anti-Bush activists out there may yet dig up some
skeletons, of course, but at the moment, we applaud
what looks to be an act of genuine statesmanship by
the president.'
"This first impression won't
last, of course. Unsavoury facts about the nominee's
hardcore ideology and slippery ethics will indeed emerge.
But that first CW impression will have taken hold, and
the subsequent opposition to the nominee will be increasingly
portrayed as arcane nit-picking and partisan spin."
I think we'll see things play out along these lines,
although given Roberts' impeccable "insider"
credentials -- cited so approvingly by the Times today
-- the "slippery ethics" angle might not come
into play. Unlike some of the other candidates considered
by Bush, Roberts never sought an elected judicial post,
so we won't have the usual conflict-of-interest contributions
that Bushist apparatchiks normally glory in.
WASHINGTON - The Pentagon named
a new chief defense lawyer on Tuesday for the Guantanamo
Bay war crimes trials, called the death penalty unlikely
in the first 12 cases and defended as fair a process
critics deride as a "kangaroo court."
The trials of foreign terrorism suspects
conducted by special panels of military officers at
the U.S. naval base at Guantanamo Bay, Cuba, had been
frozen for eight months until a federal appeals panel
on Friday reversed a lower-court ruling that these "military
commission" proceedings were unlawful.
Air Force Brig. Gen. Thomas Hemingway, legal advisor
in the trial process, told reporters once the court
lifts a formal stay on the proceedings, "I think
we would be in active hearings in 30 to 45 days."
Of the roughly 520 Guantanamo detainees,
12 have been deemed eligible for trial and four have
been charged, with eight more due to be charged soon,
the Pentagon said.
Comment: Great.
So, at the moment, a whopping 2.3% of the prisoners
have actually been charged with a crime. But don't worry
- soon that figure will be up to an astounding 3.8%.
The other 96.2% of prisoners will be kept in jail in
blatant violation of international law until... well,
forever! God bless American democracy - coming soon
to your country!
Many of the detainees, most of
them captured in Afghanistan, have been held for more
than three years without charges.
Comment: "Many
of the detainees"?? Try almost all of
the detainees...
The United States classified them as "enemy combatants"
and denied them rights accorded to prisoners of war
under the Geneva Conventions.
Marine Corps Lt. Col. Dwight
Sullivan, a reservist who worked for the American Civil
Liberties Union's Maryland branch for six years, will
replace Air Force Col. Will Gunn as chief defense counsel,
Hemingway said. The ACLU has criticized the Pentagon's
commission trial process.
Sullivan, a University of Virginia law school graduate
who works as a lawyer in the U.S. Court of Appeals for
the Armed Forces, will oversee military lawyers assigned
by the Pentagon to defend detainees. Like Gunn, who
is retiring from the military, Sullivan
will neither directly represent nor argue on behalf
of any defendant at trial.
Hemingway said the Pentagon
will name a new chief prosecutor later this week to
replace Army Col. Robert Swann, also retiring from the
military, and will expand from 40 to 65 the number of
people in its office handling the trials.
DEATH PENALTY
The Pentagon previously said it will not seek the death
penalty against the four men already charged: Yemenis
Salim Ahmed Hamdan and Ali Hamza Ahmed Sulayman al Bahlul,
Australian David Hicks and Sudanese Ibrahim Ahmed Mahmoud
al Qosi.
Hemingway said he had not seen any evidence that would
lead him to recommend the death penalty against any
of the 12 men deemed eligible for trial. Hemingway makes
recommendations on charges and capital punishment to
John Altenburg, the Pentagon official who runs the trial
process. Hemingway did not rule
out seeking the death penalty in a future case.
Responding to critics, Hemingway said, "Commissions,
from our point of view, provide for a full and fair
hearing that takes into account our national security
interests."
Amnesty International official
Jumana Musa noted the Pentagon created a new legal system
from scratch rather than using the respected military
justice system.The new
system allows evidence obtained through torture or hearsay,
keeps defendants ignorant of certain evidence against
them, and permits no independent judicial review, she
added.
"You can call it a kangaroo court. You can call
it a star chamber," Musa said. "The idea that
somehow you absolutely can't try these people unless
you have this completely substandard system of justice
that's basically set up to convict on little to no evidence
is ludicrous."
Hemingway said, "If you make a fair comparison
with our rules and procedures, they compare favorably
to the rules and procedures of the International Criminal
Tribunal for Rwanda, the International Criminal Tribunal
for the Former Yugoslavia and, from my point of view,
also the International Criminal Court."
The Pentagon has said the Hamdan and Hicks cases, suspended
by the lower-court ruling, will proceed first.
By LARRY O'DELL
The Associated Press
Tuesday, July 19, 2005; 5:20 PM
RICHMOND, Va. -- A lawyer for Jose
Padilla, an American accused of plotting to detonate
a radioactive "dirty bomb," went before a
federal appeals court Tuesday and demanded the U.S.
government either charge his client with a crime or
set him free.
But a Bush administration lawyer told
the court that the president must have authority to
indefinitely detain suspected terrorists who come to
the United States intent on killing civilians.
Padilla, a former Chicago gang member and Muslim convert
suspected of being an al-Qaida operative, was seized
in 2002 after flying from Pakistan to Chicago on what
authorities said was a scouting mission for a plot to
set off a conventional bomb laced with radioactive material.
Padilla also is suspected of planning to blow up apartment
buildings in several cities by filling them with natural
gas.
President Bush declared Padilla an "enemy combatant,"
a designation that allows the military to hold someone
indefinitely without charges. Padilla is in the Navy
brig in Charleston, S.C., and has been held for the
past three years.
At issue before the 4th U.S. Circuit Court of Appeals
is whether Padilla - an American seized on U.S. soil
- should have been designated an enemy combatant.
"I may be the first lawyer to stand here and say
I'm asking for my client to be indicted by a federal
grand jury," Padilla's lawyer, Andrew Patel, told
a three-judge panel of the court, widely regarded as
the most conservative in the nation.
Patel later told reporters that the
government should "put up or shut up - it's that
simple."
In a packed courtroom under tight security,
Circuit Judge J. Michael Luttig pressed Bush administration
lawyer Paul Clement on whether the government was suggesting
that the battlefield in the war on terror now includes
U.S. soil.
"I can say that. I can say
it boldly," Clement said. [...]
Comment: The
war on terror and the resulting draconian legislation
don't just apply to "foreigners" in a far
away land; the fascist laws apply to every
American. Bush has already exercised his dictatorial
powers in declaring Padilla an enemy combatant. With
the seizure of the Supreme Court in progress, there
will be no checks on the president's power, and nothing
to stop the Neocons from crushing any vestiges of freedom
in the US.
By BARRY SCHWEID
AP Diplomatic Writer
Tue Jul 19,10:59 PM ET
WASHINGTON - A State Department
memo that has caught the attention of prosecutors describes
a CIA officer's role in sending her husband to Africa
and disputes administration claims that Iraq was shopping
for uranium, a retired department official said Tuesday.
The classified memo was sent to Air Force One just
after former U.S. Ambassador Joseph Wilson went public
with his assertions that the Bush administration overstated
the evidence that Iraq was interested in obtaining uranium
from Niger for nuclear weapons.
The memo has become a key piece of evidence in the
CIA leak investigation because it could have been the
way someone in the White House learned - and then leaked
- the information that Wilson's wife worked for the
CIA and played a role in sending him on the mission.
The document was prepared in June 2003 at the direction
of Carl W. Ford Jr., then head of the State Department's
bureau of intelligence and research, for Marc Grossman,
the retired official said. Grossman was the Undersecretary
of State who was in charge of the department while Secretary
Colin Powell and his deputy, Richard Armitage, were
traveling. Grossman needed the memo because he was dealing
with other issues and was not familiar with the subject,
the former official said.
"It wasn't a Wilson-Wilson wife memo," said
the official, who spoke on condition of anonymity because
the investigation is still under way. "It
was a memo on uranium in Niger and focused principally
on our disagreement" with the White House.
Armitage called Ford after Wilson's op-ed piece in
The New York Times and his TV appearance on July 6,
2003 in which he challenged the White House's claim
that Iraq had purchased uranium yellowcake from Niger.
Armitage asked that Powell, who was traveling to Africa
with Bush, be given an account of the Wilson trip, said
the former official.
The original June 2003 memo was readdressed to Powell
and included a short summary prepared by an analyst
who was at a 2002 CIA meeting where Wilson's trip was
arranged and was sent in one piece to Powell on Air
Force One the next day.
The memo said Wilson's wife worked for the CIA and
suggested her husband go to Niger because he had contacts
there and had served as an American diplomat in Africa.
However, the official said the
memo did not say she worked undercover for the spy agency
nor did it identify her as Valerie Plame, which was
her maiden name and cover name at the CIA.
Her identity as Plame was disclosed first by columnist
Robert Novak and then by Time magazine reporter Matt
Cooper. The leak investigation by special counsel Patrick
Fitzgerald is looking into who in the Bush administration
leaked Plame's identity to reporters and whether any
laws were broken. [...]
The past two weeks have brought revelations that top
presidential aide Karl Rove was involved in leaking
the identity of Plame to Novak and to Cooper.
The former State Department official stressed the memo
focused on Wilson's trip and the State Department intelligence
bureau's disagreement with the White House's claim about
Iraq trying to get nuclear material. He
said the fact that the CIA officer and Wilson were husband
and wife was largely an incidental reference.
The June 2003 memo had not gone higher than Grossman
until Wilson's op-ed column for The New York Times headlined
"What I Didn't Find In Africa" and his TV
appearance to dispute the administration. Wilson's article
asked the question: "Did the Bush administration
manipulate intelligence about Saddam Hussein's weapons
programs to justify an invasion?"
The
Plame affair, it seems, really has Republicans snarling,
their usual response when backed into a corner.
You can tell that because now the eliminationisttalk
is coming from the Bush White House's own mouthpiece --
namely, Rep. Peter King, who's been selected as the House
point man for defending Karl Rove.
King was on MSNBC's Joe Scarborough show the other night
and, according to the
MSNBC transcript, had this to say:
And
Joe Wilson has no right to complain. And I think
people like Tim Russert and the others, who gave this
guy such a free ride and all the media, they're the
ones to be shot, not Karl Rove.
I
haven't seen the tape of the show, but the quote is enjoying
an odd half-life on the radio, thanks to Rush
Limbaugh, who alters it slightly to "ought to be shot",
and then chimes in inimitably: "That's Peter King, who's
right on the money."
Lovely.
Just wondering: Have any Democrats in Congress -- or Joe
Wilson, for that matter -- suggested that Karl Rove be shot?
Ah, I didn't think so.
Comment:
Neiwert has been following the use of eliminationist talk
from the right wing pundits in the US. He has also just
written a book on the internment of Japanese Americans
during WWII to fight the idiocies of people Michelle Malkin
who think it was a good idea and who are a bomb away of
suggesting that American Muslims be locked away until
the war on terror is over.
THe use of expressions such as "they ought to be
shot" is revealing of the mind set of the speaker,
even if, as they claim, they are using it only rhetorically.
This is the soft sell stage of the demonisation of opponents
to the Bush Reich. After the next bombs go off inside
the continental USA, the violence of the rhetoric will
increase and we may see the first wave of dissidents rounded
up.
WASHINGTON, D.C., Jul
19 (OneWorld) - The Federal Bureau of Investigation (FBI)
has amassed at least 3,500 pages of internal documents
from political protest groups in what the targets say
amounts to political surveillance of some of President
George W. Bush's leading critics.
The FBI has obtained 1,173 pages of internal documents
on the
American Civil Liberties Union (ACLU) since 2001, the
rights watchdog and prominent administration critic said
Monday. Federal agents also have collected some 2,383
pages from environmental group Greenpeace, a leading voice
of anti-Bush protest, the ACLU added.
The figures have emerged as part of a lawsuit under the
Freedom of Information Act (FOIA) brought by the ACLU
and other groups alleging that the FBI is engaging in
politically motivated spying against law-biding organizations.
''We now know that the government is keeping documents
about the ACLU and other peaceful groups,'' said Anthony
Romero, the ACLU's executive director. ''The question
is why.''
The ACLU, in court documents, has contended that joint
terrorism task forces set up across the country and led
by the FBI are structured and funded in ways that facilitate
violations of groups' and individuals' rights to assemble
and speak freely.
The organization said it filed its FOIA requests in response
to widespread complaints from students and political activists
who said FBI agents were questioning them in the months
leading up to the 2004 political conventions.
The FBI and Justice Department have said that any such
intelligence-gathering was aimed at preventing criminal
activity, not silencing speech.
Documents obtained through lawsuits also showed the FBI
was monitoring groups' Web sites and had prepared an internal
report on at least one anti-war protest organization,
United for Peace and Justice (UFPJ), and its efforts to
organize a demonstration in the run up to the 2004 Republican
National Convention, the ACLU said.
''The UFPJ report underscores our concern that the FBI
is violating Americans' right to peacefully assemble and
oppose government policies without being branded as terrorist
threats,'' said Ann Beeson, the ACLU's associate legal
director. ''There is no need to open a counterterrorism
file when people are simply exercising their First Amendment
rights.''
The ACLU is seeking FBI surveillance files on itself,
Greenpeace, UFPJ, Code Pink, People for the Ethical Treatment
of Animals, American-Arab Anti-Discrimination Committee,
and Muslim Public Affairs Council.
The Justice Department has said it will take up to a
year to review the material the ACLU seeks. The civil
rights group has accused the government of stalling and
has asked a judge to order federal agents to turn over
the documents sooner.
The FBI's ability to monitor political protest groups
had been curtailed since the 1970s amid outrage over a
decade's worth of abuses under then-agency director J.
Edgar Hoover.
Many of the restrictions were lifted or relaxed after
the Sep. 11, 2001 terrorist attacks, however, despite
some lawmakers' stated concerns that the expanded police
powers granted under the USA Patriot Act, in particular,
could prompt civil rights violations and result in the
targeting of legitimate and legal dissent.
Key Patriot Act provisions are scheduled to expire on
Dec. 31. Bush was scheduled to speak about the law in
Baltimore, Maryland, Wednesday, as part of a sustained
White House campaign to make permanent the law's expanded
powers.
Critics have said the powers infringe on citizens' civil
liberties but Bush has described the Patriot Act as ''one
of the important tools federal agents have used to protect
America.''
New provisions would allow federal authorities to subpoena
records from businesses, hospitals, and libraries.
A novel coalition of conservatives and liberals normally
at each other's throats over the nature of government
and free speech have made common cause to oppose key parts
of the antiterrorism law.
The ACLU, long vilified by conservatives, has joined
forces with right-wing groups the American Conservative
Union, Americans for Tax Reform, and the Free Congress
Foundation to spearhead the ''Patriots to Restore Checks
and Balances'' coalition.
The coalition, formed in March, has lobbied Congress
to roll back provisions allowing law enforcement agents
to look at library users' records and to conduct unannounced
searches of homes and private offices.
Short for the ''Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act of 2001,'' the USA Patriot Act
originally passed by 357-66 in the House of Representatives
and 98-1 in the Senate.
The Bush administration proposed the law, shepherded
it through Congress, and enacted it in the immediate aftermath
of the Sep. 11, 2001 terrorist attacks and the U.S. Senate's
evacuation because of anthrax.
The measure passed with neither chamber issuing the usual
reviews of proposed legislation. ''As a result, it lacks
background legislative history that often retrospectively
provides necessary statutory interpretation,'' according
to a detailed analysis of the law prepared by the Washington,
D.C.-based Electronic Privacy Information Center.
Grassroots opposition to the law has grown, according
to the ACLU. Some 375 local and state governments representing
more than 56 million Americans have passed resolutions
opposing the measure or some of its provisions.
While many of these resolutions have no practical effect,
proponents have said the measures serve to notify federal
policymakers and agencies of public disapproval. Most
of the resolutions called upon Congress to bring the Patriot
Act back in line with the U.S. constitution.
Comment:
The mainstream press is not discussing the most recent
ruling by the man selected to be the next member of the
US Supreme Court, the recent overturning of a lower court
decision on the legality of holding prisoners taken in
the "war on terror". Chris Floyd has an excellent
summary of this elsewhere on the page today.
"Karl
Rove is loyal to President Bush," a correspondent
wrote as Treasongate broke. "Isn't that a form of
patriotism?" Not in a representative democracy, I
replied. Only in a dictatorship is fealty to the Leader
equal to loyalty to the nation. We're Bush's boss.
He works for us. Unless that changed on 9/11 (or 12/20/00).
Rove had no right to give away state secrets, even to
protect Bush.
Newly loquacious Time reporter Matt Cooper has deflated
half a dozen Rove-defending talking points since we last
visited. Republicans, for instance, have argued that Rove
had merely confirmed what Cooper already knew: that Valerie
Plame was a CIA agent. That claim evaporated in Cooper's
piece in the magazine's July 25 issue: "This was
the first time I had heard anything about Wilson's wife."
"I've already said too much," Cooper quotes
Rove as he ended their 2003 conversation.
Rove may avoid prosecution under the Intelligence Identities
and Protection Act, says John Dean, counsel at the Nixon
White House. "There is, however, evidence suggesting
that other laws were violated," he says, alluding
to Title 18, Section 641 of the U.S. Code. The "leak
of sensitive [government] information" for personal
purposes--say, outting the CIA wife of your boss' enemy--is
"a very serious crime," according to the judge
presiding over a similar recent case. If convicted under
the anti-leak statute, Rove would face ten years in a
federal prison.
Even if Rove originally learned about Plame's status
from jailed New York Times journalist Judith Miller, Dean
continues, "it could make for some interesting pairing
under the federal conspiracy statute (which was the statute
most commonly employed during Watergate)." Conspiracy
will get you five years at Hotel Graybar.
Rove's betrayal of a CIA WMD expert--while the U.S. was
using WMDs as a reason to invade Iraq--is virtually indistinguishable
from Robert Hanssen's selling out of American spies. Both
allowed America's enemies to learn the identities of covert
operatives. Both are traitors. Both are eligible for the
death penalty.
And he's not the only high-ranking Bush Administration
traitor.
In last week's column I speculated that
Treasongate would almost certainly implicate Dick Cheney.
Now, according to Time, Cheney chief of staff Lewis "Scooter"
Libby is being probed as a second source of leaks to reporters
about Plame.
We already know that Rove is a traitor. So, probably,
is Cheney. Since George W. Bush has protected traitors
for at least two years; he is therefore an accomplice
to the Rove-Libby cell. We are long past the point where,
during the summer of 1974, GOP senators led by Barry Goldwater
told Richard Nixon that he had to resign. So why aren't
Turd Blossom and his compadres out of office and awaiting
trial?
Democrats are out of power. And, sadly, Republicans have
become so obsessed with personal loyalty that they've
forgotten that their first duty is to country, not party
or friend. Unless they wake up soon and dump Bush, Republicans
could be permanently discredited.
Bush sets the mafia-like tone: "I'm the kind of
person, when a friend gets attacked, I don't like it."
His lieutenants blur treason with hardball politics--"[Democrats]
just aren't coming forward with any policy positions that
would change the country, so they want to pick up whatever
the target of the week is and make the most out of that,"
says GOP House Whip Roy Blunt--and blame the victim--Rove,
absurdly argues Congresswoman Deborah Pryce, was innocently
trying to expose Wilson's "lies."
The NBC/Wall Street Journal poll finds Bush's credibility
at 41 percent, down from 50 in January. Given events past
and present, that's still a lot higher than it ought to
be.
We don't need a law to tell us that unmasking a CIA agent,
particularly during wartime, is treasonous. Every patriotic
American--liberal, conservative, or otherwise--knows that.
WASHINGTON (CP) -
Canadian teen Travis Biehn faces sentencing Wednesday
on two bomb-related charges in a case that sparked emotional
debate about whether he's a dangerous kid who hates Americans
or the victim of a tough anti-terror climate.
Biehn, 17, was convicted last month in a Pennsylvania
juvenile court of threatening to blow up his school and
gathering the material to do it.
He faces a range of penalties from probation, community
service or counselling to jail until he's 21 years old.
Prosecutors say Biehn is clearly a threat to public safety.
But defence lawyer Bill Goldman said he's confident two
doctors who performed psychiatric evaluations on Biehn
will recommend probation at the sentencing hearing in
Doylestown.
Goldman filed a motion with the judge last week to have
the convictions overturned and the teen's record cleared,
arguing prosecutors didn't prove their case beyond a reasonable
doubt.
If that doesn't work, he said, the family will appeal
to a higher court on the incendiary devices conviction,
a felony that will dog Biehn for life.
"The facts just weren't there to
support what's happened to him," said Goldman, who
accuses District Attorney Diane Gibbons of publicly trying
the youth before his trial and stirring nationalistic
sentiment in a bid to get re-elected.
Biehn has been in custody in affluent Bucks County near
Philadelphia since his arrest June 2, days after he reported
a bomb threat had been scrawled on a school bathroom.
Police raided his home, finding several kilograms of
potassium nitrate, tubing, fuses, lighter fluid and other
items.
His family, originally from Newfoundland,
says he and father Brant often used the materials to make
harmless smoke bombs and fireworks for neighbourhood gatherings
and burned a tree stump in the backyard to make way for
a fish pond.
The arguments were discounted by Judge Kenneth Biehn,
who is no relation, at a one-day trial where supporters
were stunned when the boy was led away in shackles.
Others in the community said Biehn should get a hefty
jail term and then be deported.
Gibbons, who noted that Biehn wore an
"I am Canadian" T-shirt to his first court appearance,
told reporters he was an angry kid who would rather be
living in Canada.
"He's a pretty dangerous kid,"
Gibbons said after Biehn's conviction last month.
"He's obviously an unhappy kid and he's obviously
an angry kid. What made him angry enough to do this, I
don't know."
Sentencing, she said, would be up to the judge. Gibbons
did not return phone calls this week.
"I'm nervous about the hearing," said the teen's
mother, Annette. "The ball is still in the judge's
court and he can sentence him to prison. It would just
be horrific. The child is innocent."
She said she's furious that her son has waited more than
a month for sentencing instead of the 20 days stipulated
for incarcerated juveniles convicted of offences.
At Biehn's trial, prosecutors admitted
no one saw him write the bomb threat. But when a search
of his bedroom in suburban Buckingham yielded boxes of
material, they said no other conclusion was plausible
than the boy's intent to make a bomb.
Police witnesses and bomb experts said the teenager had
most of the elements except a large quantity of something
to ignite it.
But the magnetite thermite used to burn the stump in
the Biehn's backyard couldn't have done the trick, said
Goldman, who has marshalled chemistry professors to back
him up.
Some family supporters blamed "hysteria" generated
by the Columbine school killings and the terrorist attacks
of Sept. 11, 2001, for such strong public reaction in
the case.
The Biehns moved to the United States in 1997, where
Brant works as a marketing director for the giant pharmaceutical
company Merck.
A North Korean defector who survived
10 years in a prison labor camp said he told President
Bush last month that the United States should do more
to help those who flee the communist regime.
"The people who are at the camps, the [North Korean]
government wants to kill them all," Kang Chol-hwan
said in an interview with The Washington Times. "Instead
of executing them, they kill them slowly, making them
work in forced labor. That was the hardest part."
Mr. Kang, 37, said prisoners are fed very small portions
of corn and salt that make it "impossible to survive"
without additional food. As a result, prisoners survive
by eating cooked rats and snakes, and live lizards,
he said.
Nongovernmental groups estimate that as many 300,000
North Koreans are in China after fleeing across the
border. About 10,000 have fled to South Korea.
Totalitarian repression and the collapse of the food
production and distribution system in the late 1990s
resulted in widespread starvation and forced many of
North Korea's 23 million people to risk being shot as
they crossed the border into China.
Mr. Kang said that when he crossed in 1992, it was
easier than it was today, when triple fences and more
guards have been deployed to block the defections.
Mr. Kang said North Korea is becoming more unstable
as food and energy shortages are growing. At least 1
million people are thought to have starved in North
Korea as the result of famine and government mismanagement
since the late 1990s.
Foreign aid -- primarily from China, South Korea and
Japan -- is helping to keep the regime of North Korean
leader Kim Jong-il from collapsing completely, he said.
Mr. Kang said about 200,000 North Koreans are in the
prison labor camp system throughout the country. All
in the camps are malnourished, and unless their will
is strong, they eventually die, he said.
Mr. Kang said he agreed to meet the president after
a White House National Security Council official told
him that Mr. Bush had read his book and became interested
in the human rights problem there.
The book, "The Aquariums of Pyongyang," is
an account of Mr. Kang's 10-year prison work camp experience
from age 10 to 20. He disclosed in detail the systematic
torture, beatings, public executions and starvation
in his camp.
Mr. Kang said he never expected to meet Mr. Bush, but
on June 13, he spent 40 minutes in the Oval Office discussing
North Korea and human rights and other issues.
A defector claiming to have been
in the North Korean parliament says the communist state
has produced a nuclear bomb and attempted to sell missiles
to Taiwan, a South Korean magazine reports.
South Korean intelligence authorities declined to comment
on the report in the Monthly Chosun, which said that
the defector, a man believed to be in his 70s using
the alias Kim Il-Do, defected to the South in May.
"North Korea has built a one-tonne nuclear bomb
by using four kilogrammes of plutonium," he was
quoted as telling the National Intelligence Service
(NIS), South Korea's spy agency.
The North was now seeking to miniaturize the bomb to
make it more reliable as a weapon, he reportedly said.
The man claimed he had been in the North's parliament
and had worked for the Marine Industrial Institute.
[...]
Comment: It
seems to be a big news day for North Korean defectors...
The
slaughter of hundreds of civilians by suicide bombers
shows that a "genocidal war" is threatening
Iraq, Grand Ayatollah Ali al-Sistani, the country's most
influential Shia cleric, warned yesterday.
So far he has persuaded most of his followers not to
respond in kind against the Sunni, from whom the bombers
are drawn, despite repeated massacres of Shia. But
sectarian divisions between Shia and Sunni are deepening
across Iraq after the killing of 18 children in the district
of New Baghdad last week and the death of 98 people caught
by the explosion of a gas tanker in the market town of
Musayyib. Many who died were visiting a Shia mosque.
There are also calls for the formation of militias to
protect Baghdad neighbourhoods. Khudayr al-Khuzai, a Shia
member of parliament, said the time had come to "bring
back popular militias". He added: "The plans
of the interior and the defence ministries to impose security
in Iraq have failed to stop the terrorists."
Against the wishes of the Grand Ayatollah, who has counselled
restraint, some Shia have started retaliatory killings
of members of the former regime, most of whom but not
all are Sunni. Some carrying out the attacks appear to
belong to the 12,000-strong paramilitary police commandos.
Mystery surrounds many killings. A former general in Saddam
Hussein's army called Akram Ahmed Rasul al-Bayati and
his two sons, Ali, a policeman, and Omar were arrested
by police commandos 10 days ago. Omar was released and
one of his uncles paid $7,000 for the release of the other
two. But when he went to get them he saw them taken out
of a car and shot dead.
Fear of Shia death squads, perhaps secretly controlled
by the Badr Brigade, the leading Shia militia, frightens
the Sunni. The patience of the Shia is wearing very thin.
But their leaders want them to consolidate their strength
within the government after their election victory in
January.
The radical Shia leader Muqtada al-Sadr, whose Mehdi
Army militia twice fought US troops, has called for restraint.
"The occupation itself is the problem," he said.
"Iraq not being independent is the problem. And the
other problems stem from that - from sectarianism to civil
war. The entire American presence causes this."
The suicide bombings show increasing sophistication.
The casualty figures from Musayyib were so horrific because
the bomber blew himself up beside a fuel tanker which
had been stolen two days earlier and pre-positioned in
the centre of the town.
Comment:
There are other forces at work that wish to see Iraq descend
into civil war so that Muslim be set upon Muslim. We are
referring, of course, to the black minds in power in Israel,
those responsible for much of the "faulty intelligence"
that led to the invasion.
The number of Iraqi
civilians who met violent deaths in the two years after
the US-led invasion was today put at 24,865 by an independent
research team.
The figures, compiled from Iraqi and international media
reports, found US and coalition military forces were responsible
for 37% of the deaths, with anti-occupation forces and
insurgents responsible for 9%. A further 36% were blamed
on criminal violence.
Civilian deaths attributed to US and coalition military
forces peaked in the invasion period from March to May
2003 - which accounts for 30% of all civilian deaths in
the two-year period - but the longer-term trend has been
for increasing numbers to die at the hands of insurgents.
Figures obtained last week from the Iraqi interior ministry
put the average civilian and police officer death toll
in insurgent attacks from August 2004 to March 2005 at
800 a month. [...]
Comment:
We think the figures compiled by the Lancet last year
suggesting 100,000 Iraqis had died is probably closer
to the actual figure. As
Juan Cole points out, more deaths are reported in
Arab language newspapers than in the Western papers. Iraq
Body Count only counts totals from Western papers, rather
myopic, to put it politely, in our view.
BAGHDAD - More than two dozen doctors
walked out of one of Baghdad's busiest hospitals on
Tuesday to protest what they said was abuse by Iraqi
soldiers, leaving about 100 patients to fend for themselves
in chaotic wards.
Physicians said the troubles started when soldiers
barged into a woman's wing at Yarmouk hospital, opened
curtains and conducted searches as patients lay in their
beds on Monday.
A 27-year-old internal medicine specialist said a soldier
began intimidating and abusing him.
"Before he left he said, 'Why are you looking
in disapproval?' Then he came and punched me lightly
on my arm before sticking his rifle into my stomach
and cocking it," the doctor, who requested anonymity
for fear of reprisals, told Reuters.
"I stayed quiet but relatives of the patients
told him to calm down before pulling him out of the
room. Just then, four more soldiers came in and pointed
a rifle at my head. At that point I became scared and
begged them to leave me alone."
Ministry of Defense officials were not available for
comment on the incident despite repeated requests.
GOVERNMENT PROMISES
Iraq's mayhem has spread even to hospitals, which are
overwhelmed by victims of suicide bombings and shootings
whose blood is mopped up off the floor after every attack.
The new Shi'ite-led government has promised Iraqis
that security forces will be built up to protect them
from guerrillas, who have killed thousands of people
with suicide and car bombings.
Iraqis had hoped that January elections
would deliver a new era of democracy, free of the abuses
committed by Saddam Hussein's security forces.
But some say the country's new
security forces are too aggressive, randomly rounding
up suspects and abusing them during detentions. The
government says security forces are under strict orders
to respect human rights.
About 30 doctors staged the strike, leaving around
100 bewildered patients behind, including a young boy
of about 10.
Suffering from a gunshot wound to his leg, Muhammad
Hashim lay quietly in the back of an ambulance which
rushed him to Yarmouk from a town 30 kilometers southwest
of Baghdad. But the strike forced his angry father to
take him to another hospital.
Yarmouk, a run-down, sparsely equipped building, has
treated many of Baghdad's worst cases. Overcrowded with
patients and staff, it's emergency room hosts a frenzy
of activity every day.
Nevertheless, doctors said they would press on with
a strike to draw attention to army and security forces,
whose wounded comrades are often treated at Yarmouk
and other hospitals.
"We know the citizens may be
a little upset but we have our rights too and we can't
operate and provide a service to people if we feel under
threat," said Asaad Hindi, standing outside the
hospital with other physicians.
"One doctor was humiliated and sworn at. Other
doctors who were afraid hid in a room. The last time
this happened we complained to officials at the defense
and interior ministries."
Relatives of some patients grew frustrated.
Khalid al-Girtani said he was angry because his 57-year-old
father Mahmoud had been ignored all day.
"My father has a stroke and no doctor is here
to see him, just look at him! This is ridiculous,"
he said as his father lay in bed with breathing tubes
in his nostrils.