Friday, April 08, 2005

Pentagon's Plan Would Expand Its Enemy List

By NEIL A. LEWIS
“Pentagon planners are proposing that military commanders be authorized to declare someone an enemy combatant and detain him if he belongs to any of hundreds of suspected terrorist organizations, a human rights group said on Thursday.

The extensive list of groups suspected of terrorism is part of a 142-page draft proposal to the Joint Chiefs of Staff that is intended to provide an all-inclusive guide for military commanders on their obligations and authority for detaining people.

Executive Order 13224, currently 92 pages, contains common names and aliases like “Mohammad Zia” and “Abdullah Ahmed,” shared by tens of thousands of persons worldwide, and names groups that are neither at war with nor engaged in terrorism against the United States, such as the Basque separatist group ETA; the Sword of David or American Friends of the United Yeshiva Movement; and the Real Irish Republican Army.

“This policy could strip hundreds of thousands of people worldwide—including civilians—of their basic rights not to arbitrarily detained,” said Roth.

John Sifton, a senior official of Human Rights Watch who provided the document, said it was a radical departure for the government to assert that membership in such a broad range of groups could qualify a person to be deemed an enemy combatant, a term that has previously been used mostly for members of Al Qaeda and the Taliban.

The government has used the term "enemy combatant" for detainees who are not covered by the protections of the Geneva Conventions. The Bush administration has argued that such detainees may be held indefinitely, unlike prisoners of war, who must be released when combat ends.

“ The new policies, set out in a 142-page final draft document prepared by the Joint Chiefs of Staff entitled “Joint Publication 3-63: Joint Doctrine for Detainee Operations,”include a directive that would allow the military to hold enemy combatants as “ghost detainees,” by denying access to them by the International Committee of the Red Cross.

The guidelines also specify that humane treatment of all detainees can be limited by “military necessity,” a position that is both contrary to international and domestic law and opens the door to mistreatment and even torture of detainees.

‘Instead of correcting current violations of the Geneva Conventions, these guidelines would shred the conventions further,’ said Kenneth Roth, executive director of Human Rights Watch. ‘The policies set out in this document could even require personnel to commit war crimes.’ ”

Military personnel can be criminally liable for stripping protected persons of their rights under the conventions.

The guidelines formalize a new category of detainee, “enemy combatants,” in connection with “the Global War on Terror” who are “not entitled to the privileges and protection of the Geneva Conventions.” The document then cites an extensive and expanding list of “terrorists and terrorist groups” identified under President Bush’s 2001 Executive Order 13224, and states: “Anyone detained that is affiliated with these organizations will be classified as EC [Enemy Combatant].”

Executive Order 13224, currently 92 pages, contains common names and aliases like “Mohammad Zia” and “Abdullah Ahmed,” shared by tens of thousands of persons worldwide, and names groups that are neither at war with nor engaged in terrorism against the United States, such as the Basque separatist group ETA; the Sword of David or American Friends of the United Yeshiva Movement; and the Real Irish Republican Army.

“This policy could strip hundreds of thousands of people worldwide—including civilians—of their basic rights not to arbitrarily detained,” said Roth.

The Pentagon document has not yet been publicly released, and is set to be submitted to Secretary Rumsfeld for approval on April 16. Human Rights Watch called on Secretary Rumsfeld to reject the proposed guidelines.


Pentagon Detention Guidelines Entrench Illegality
http://hrw.org/english/docs/2005/04/07/usdom10440.htm

http://www.nytimes.com/2005/04/08/politics/08joint.html

Wednesday, April 06, 2005

Some Colleges Falling Short in Security of Computers

Why on earth would you put thousands of names and Social Security numbers on a laptop?

A legacy system that used Social Security on paper doesn't require transferring those numbers to an easily lost or stolen system.

Common sense, which apparently is uncommon at UC Berkeley, tells you that this is a catastrophe waiting, impatiently, to happen.
By TOM ZELLER Jr.
Last Monday, administrators at the University of California, Berkeley, acknowledged that a computer laptop containing the names and Social Security numbers of nearly 100,000 people - mostly graduate school applicants - had been stolen. Just three days earlier, Northwestern University reported that hackers who broke into computers at the Kellogg School of Management there may have had access to information on more than 21,000 students, faculty and alumni. And one week before that, officials at California State University, Chico, announced a breach that may have exposed personal information on 59,000 current, former and prospective students.

There is no evidence that any of the compromised information has been used to commit fraud. But at a time of rising concerns over breaches at commercial data warehouses like ChoicePoint and LexisNexis, these incidents seem to highlight the particular vulnerabilities of modern universities, which are heavily networked, widely accessible and brimming with sensitive data on millions of people.

Data collected by the Office of Privacy Protection in California, for example, showed that universities and colleges accounted for about 28 percent of all security breaches in that state since 2003 - more than any other group, including financial institutions.

‘Universities are built on the free flow of information and ideas,’ said Stanton S. Gatewood, the chief information security officer at the University of Georgia, which is still investigating a hacking incident there last year that may have exposed records on some 20,000 people.

‘They were never meant to be closed, controlled entities. They need that exchange and flow of information, so they built their networks that way.’

In many cases, Mr. Gatewood said, that free flow has translated into a highly decentralized system that has traditionally granted each division within a university a fair amount of autonomy to set up, alter and otherwise maintain its own fleet of networked computers. Various servers that handle mail, Web traffic and classroom activities - ‘they're all out in the colleges within the university system,’ Mr. Gatewood explained, ‘and they don't necessarily report to the central I.T. infrastructure.’

Throw in aging equipment, an entrenched sense that information should be as free-flowing as possible, and a long-standing reliance on Social Security numbers as the primary means of identifying and tracking transient populations, and the heightened vulnerabilities of universities become apparent.

‘We sometimes battle networks and mainframes in place since the 1960's,’ said Mr. Gatewood, ‘and mind-sets in place even longer.’ ”

Social Security numbers have served as the default identifier for students, faculty and staff at nearly all universities and colleges. Printed on identification cards, posted on bulletin boards along with grades, it was used to link bits of information, across dozens of networked databases, on each individual.

A few states - Wisconsin, California, Arizona, New York and West Virginia ban or limit the using Social Security numbers in this way, according to privacy advocate Robert Ellis Smith. Many universities have abandoned or are in the process of ceasing to use Social Security numbers as the primary means of identifying students.

A 2002 survey indicated that at least half were still using it as the primary identifier for students in their databases. Because the number has been used to link so many records, in so many different databases, in so many different departments for so long, abandoning it quickly is nearly impossible.

‘It's complicated,’ said Virginia Rezmierski, the assistant to the vice provost for information technology at the Ford School of Public Policy at the University of Michigan. ‘We started a long time ago, and gave the university seven years to complete the process.’

The University of Michigan completed a migration to randomly generated id numbers in 2003. But Professor Rezmierski points out that groups inside and outside the university still use Social Security numbers, forcing universities to continue to handle them. National testing agencies still use Social Security numbers to identify the scores of incoming students.

Universities have tended to put too much emphasis on preventing attacks from worms and viruses and too little on capturing troublemakers who quietly stroll through their databases.

Leaking names and Social Security numbers from all these universities was not the result of noisy, destructive attacks, someone's been able to get into the network without being detected.‘’

http://www.nytimes.com/2005/04/04/technology/04data.html?pagewanted=all&position=

White House Defines Congressional Oversight of C.I.A. Detentions

By DOUGLAS JEHL

“The White House is maintaining extraordinary restrictions on information about the detention of high-level terror suspects, permitting only a small number of members of Congress to be briefed on how and where the prisoners are being held and interrogated, senior government officials say.

Some Democratic members of Congress say the restrictions are impeding effective oversight of the secret program, which is run by the Central Intelligence Agency and is believed to involve the detention of about three dozen senior Qaeda leaders at secret sites around the world.

By law, the White House is required to notify the House and Senate Intelligence Committees of all intelligence-gathering activities. But the White House has taken the stance that the secret detention program is too sensitive to be described to any members other than the top Republican and Democrat on each panel.

The issue is expected to be discussed at a hearing scheduled for Thursday, at which Porter J. Goss, the director of central intelligence, is to testify in closed session before the Senate Intelligence Committee. The detention program remains so highly classified that the members of Congress would discuss the restrictions that surround it only in the most general of terms.

When the executive branch decides how the legislative branch will oversee it, we don't have constitutional government.

Since the C.I.A. first took custody of Qaeda members in 2002, other government officials said, the only lawmakers on the House panel and its Senate counterpart whom the White House has permitted to be briefed on the issue have been the chairmen and ranking minority members.…

The limited nature of the C.I.A. briefings has not been publicly disclosed. But Mr. Goss and Senator Pat Roberts, Republican of Kansas, the chairman of the Senate Intelligence Committee, alluded to them in the Armed Services Committee hearing last month in which they defended the practice as having fulfilled the C.I.A.'s obligations.…

Mr. Roberts said he believed that Congress "has been fully informed of what the C.I.A. is doing in terms of interrogating captured terrorists," through what he called "our ongoing briefings with staff and members as the classification does permit." But he acknowledged what he called "some of the questions raised by members," some of them on the Intelligence Committee.…

A spokeswoman for Mr. Roberts, Sarah Little, said the senator had "occasionally" objected to the degree of access to sensitive information the administration allowed to committee members, and had sometimes won agreement to a change in practice.

A C.I.A. spokeswoman, Jennifer Millerwise, said Mr. Goss, as a former chairman of the House Intelligence Committee, "takes very seriously his responsibility to keep appropriate overseers informed, and we do so.…"

The authority to classify information rests with the White House and its designees, and the tools of Congress to challenge such designations are limited to the power it controls over the federal budget. The restrictions that the White House has imposed on briefings about the C.I.A. detention program were described by Republican and Democratic Congressional officials as particularly severe.

Since the detention program was established in 2002, the officials said, the C.I.A. detention effort has been classified as a "special access program," a category that puts it off limits even to most of those with top secret security clearances. In general, such restrictions have been applied only to covert operations and ongoing espionage investigations, Congressional officials say.

A former senior intelligence official said the main reason for the secrecy was to prevent information about where the prisoners were being held from being publicly disclosed. Such a disclosure, the official said, would almost certainly cause host governments to force the C.I.A. to shut down the detention operations being carried out on their soil.…

The restrictions also appear to have had the effect of limiting public discussion about the C.I.A.'s detention program. At a Senate Armed Services Committee hearing last month, Mr. Goss turned aside questions about the detention program on grounds that the C.I.A. had already answered them, through the briefings provided to the leaders of the intelligence panel.

"As far as I know, there has been no question that has been asked that has not been answered to the committee," Mr. Goss said, adding that he knew that the chairman, ranking member and some staff members from each panel "have been briefed in on the aspects of the transfer, the detention, the interrogation and the techniques."

The list of those who have been fully briefed on the program may be limited to the eight members of Congress who have served as the chairmen or ranking members of the House and Senate Intelligence Committees since early 2002. That list includes all four members who are currently in those positions: Mr. Roberts and Peter Hoekstra of Michigan, the Republican chairmen of the two committees, and Senator John D. Rockefeller IV of West Virginia and Representative Jane Harman of California, the top Democrats.


http://www.nytimes.com/2005/04/06/national/06detain.html?pagewanted=all&position

Monday, April 04, 2005

Outsourcing War

By P. W. SINGER From the March/April 2005 issue of Foreign Affairs
The world's most dominant military has become increasingly reliant on private military firms (the Pentagon has entered into more than 3,000 such contracts over the last decade), the industry and its clientele are not just American. Private military companies have operated in more than 50 nations, on every continent but Antarctica. European militaries, which lack the means to transport and support their forces overseas, are now greatly dependent on PMFs for such functions. To get to Afghanistan, European troops relied on a Ukrainian firm that, under a contract worth more than $100 million, ferried them there in former Soviet jets. The British military, following in the Pentagon's footsteps, has begun to contract out its logistics to Halliburton.

“The tales of war, profit, honor, and greed that emerge from the private military industry often read like something out of a Hollywood screenplay. They range from action-packed stories of guns-for-hire fighting off swarms of insurgents in Iraq to the sad account of a private military air crew languishing in captivity in Colombia, abandoned by their corporate bosses in the United States. A recent African "rent-a-coup" scandal involved the son of a former British prime minister, and accusations of war profiteering have reached into the halls of the White House itself.

Incredible as these stories often sound, the private military industry is no fiction. Private companies are becoming significant players in conflicts around the world, supplying not merely the goods but also the services of war. Although recent well-publicized incidents from Abu Ghraib to Zimbabwe have shone unaccustomed light onto this new force in warfare, private military firms (PMFs) remain a poorly understood--and often unacknowledged--phenomenon. Mystery, myth, and conspiracy theory surround them, leaving policymakers and the public in positions of dangerous ignorance. Many key questions remain unanswered, including, What is this industry and where did it come from? What is its role in the United States' largest current overseas venture, Iraq? What are the broader implications of that role? And how should policymakers respond? Only by developing a better understanding of this burgeoning industry can governments hope to get a proper hold on this newly powerful force in foreign policy. If they fail, the consequences for policy and democracy could be deeply destructive.

PMFs are businesses that provide governments with professional services intricately linked to warfare; they represent, in other words, the corporate evolution of the age-old profession of mercenaries. Unlike the individual dogs of war of the past, however, PMFs are corporate bodies that offer a wide range of services, from tactical combat operations and strategic planning to logistical support and technical assistance.

The modern private military industry emerged at the start of the 1990s, driven by three dynamics: the end of the Cold War, transformations in the nature of warfare that blurred the lines between soldiers and civilians, and a general trend toward privatization and outsourcing of government functions around the world. These three forces fed into each other. When the face-off between the United States and the Soviet Union ended, professional armies around the world were downsized. At the same time, increasing global instability created a demand for more troops. Warfare in the developing world also became messier--more chaotic and less professional--involving forces ranging from warlords to child soldiers, while Western powers became more reluctant to intervene. Meanwhile, advanced militaries grew increasingly reliant on off-the-shelf commercial technology, often maintained and operated by private firms. And finally, many governments succumbed to an ideological trend toward the privatization of many of their functions; a whole raft of former state responsibilities--including education, policing, and the operation of prisons--were turned over to the marketplace.

Nowhere has the role of PMFs been more integral--and more controversial--than in Iraq. Not only is Iraq now the site of the single largest U.S. military commitment in more than a decade; it is also the marketplace for the largest deployment of PMFs and personnel ever. More than 60 firms currently employ more than 20,000 private personnel there to carry out military functions (these figures do not include the thousands more that provide nonmilitary reconstruction and oil services)--roughly the same number as are provided by all of the United States' coalition partners combined.

The PMFs that arose as a result are not all alike, nor do they all offer the exact same services. The industry is divided into three basic sectors: military provider firms (also known as "private security firms"), which offer tactical military assistance, including actual combat services, to clients; military consulting firms, which employ retired officers to provide strategic advice and military training; and military support firms, which provide logistics, intelligence, and maintenance services to armed forces, allowing the latter's soldiers to concentrate on combat and reducing their government's need to recruit more troops or call up more reserves.

Although the world's most dominant military has become increasingly reliant on PMFs (the Pentagon has entered into more than 3,000 such contracts over the last decade), the industry and its clientele are not just American. Private military companies have operated in more than 50 nations, on every continent but Antarctica. For example, European militaries, which lack the means to transport and support their forces overseas, are now greatly dependent on PMFs for such functions. To get to Afghanistan, European troops relied on a Ukrainian firm that, under a contract worth more than $100 million, ferried them there in former Soviet jets. And the British military, following in the Pentagon's footsteps, has begun to contract out its logistics to Halliburton.”

President George W. Bush's "coalition of the willing" might thus be more aptly described as the "coalition of the billing."

…Nowhere has the role of PMFs been more integral--and more controversial--than in Iraq. Not only is Iraq now the site of the single largest U.S. military commitment in more than a decade; it is also the marketplace for the largest deployment of PMFs and personnel ever. More than 60 firms currently employ more than 20,000 private personnel there to carry out military functions (these figures do not include the thousands more that provide nonmilitary reconstruction and oil services)--roughly the same number as are provided by all of the United States' coalition partners combined. President George W. Bush's "coalition of the willing" might thus be more aptly described as the "coalition of the billing."

The wide scope of critical jobs that contractors are now carrying out is far more extensive in Iraq than in past wars. From war-gaming and field training U.S. troops before the invasion, to logistics and support during the war's buildup, we've become completely dependent on contractors.

“The massive U.S. complex at Camp Doha in Kuwait, which served as the launch pad for the invasion, was not only built by a PMF but also operated and guarded by one. During the invasion, contractors maintained and loaded many of the most sophisticated U.S. weapons systems, such as B-2 stealth bombers and Apache helicopters. They even helped operate combat systems such as the Army's Patriot missile batteries and the Navy's Aegis missile-defense system.

PMFs--ranging from well-established companies such as Vinnell and mpri to startups such as the South African firm Erinys International--have played an even greater role in the postinvasion occupation and counterinsurgency effort. Halliburton's Kellogg, Brown & Root division, the largest corporate PMF in Iraq, currently provides supplies for troops and maintenance for equipment under a contract thought to be worth as much as $13 billion. (This figure, in current dollars, is roughly two and a half times what the United States paid to fight the entire 1991 Persian Gulf War, and roughly the same as what it spent to fight the American Revolution, the War of 1812, the Mexican-American War, and the Spanish-American War combined.) Other PMFs are helping to train local forces, including the new Iraqi army and national police, and are playing a range of tactical military roles.

An estimated 6,000 non-Iraqi private contractors currently carry out armed tactical functions in the country. These individuals are sometimes described as "security guards," but they are a far cry from the rent-a-cops who troll the food courts of U.S. shopping malls. In Iraq, their jobs include protecting important installations, such as corporate enclaves, U.S. facilities, and the Green Zone in Baghdad; guarding key individuals (Ambassador Paul Bremer, the head of the Coalition Provisional Authority, was protected by a Blackwater team that even had its own armed helicopters); and escorting convoys, a particularly dangerous task thanks to the frequency of roadside ambushes and bombings by the insurgents.

PMFs, in other words, have been essential to the U.S. effort in Iraq, helping Washington make up for its troop shortage and doing jobs that U.S. forces would prefer not to. But they have also been involved in some of the most controversial aspects of the war, including alleged corporate profiteering and abuse of Iraqi prisoners.…”

The question of profit in a military context.

The incentives of a private company do not always align with its clients' interests--or the public good. In an ideal world, this problem could be kept in check through proper management and oversight; in reality, such scrutiny is often absent.

The question of lost control.

Even when contractors do military jobs, they remain private businesses and thus fall outside the military chain of command and justice systems. PMFs retain a choice over which contracts they will take and can abandon or suspend operations if they become too dangerous or unprofitable; their employees, unlike soldiers, can always choose to walk off the job. Several times already in Iraq: during periods of intense violence, numerous private firms delayed, suspended, or ended their operations, placing great stress on U.S. troops. At other times, PMF employees endured greater risks and dangers than their military counterparts.

There are insufficient controls over who can work for these firms and for whom these firms can work.

The recruiting, screening, and hiring of individuals for public military roles is left in private hands. In Iraq, this problem was magnified by the gold-rush effect: many firms entering the market were either entirely new to the business or had rapidly expanded. Many PMF employees are extremely well qualified. A great number of retired U.S. special forces operatives have served with PMFs in Iraq, as have former members of the United Kingdom's elite sas (Special Air Service).

But the rush for profits has led some corporations to cut corners in their screening procedures. U.S. Army investigators of the Abu Ghraib prisoner-abuse scandal found that "approximately 35 percent of the contract interrogators [hired by the firm caci] lacked formal military training as interrogators."

There have been cases where, investigations of contractors serving in Iraq revealed the hiring of a former British Army soldier who had been jailed for working with Irish terrorists and a former South African soldier who had admitted to firebombing the houses of more than 60 political activists during the apartheid era.

Problems can occur with PMFs' clientele.

Military contractors have worked for democratic governments, the UN, and even humanitarian and environmental organizations. They have also been employed by dictatorships, rebel groups, drug cartels, and, prior to September 11, 2001, at least two al Qaeda-linked jihadi groups.

An episode in Equatorial Guinea illustrates the problems that PMFs can run into in the absence of external guidance or rules. In 2004, Logo Logistics, a British-South African PMF, was accused of plotting to overthrow the government in Malabo.

A planeload of employees was arrested in Zimbabwe, and several alleged funders in the British aristocracy (including Sir Mark Thatcher, the son of Margaret Thatcher) were soon implicated in the scandal. They have been accused of trying to topple Equatorial Guinea's government for profit motives. Their would-be victim, President Teodoro Obiang Nguema Mbasogo, is a corrupt dictator who took power by killing his uncle and runs one of the most despicable regimes on the continent--hardly a sympathetic victim.

PMFs also create legal dilemmas.

On both the personal and the corporate level, there is a striking absence of regulation, oversight, and enforcement. Private military firms and their employees are now integral parts of many military operations, but, they tend to fall through the cracks of current legal codes, which sharply distinguish civilians from soldiers.

They are not quite civilians, given that they often carry and use weapons, interrogate prisoners, load bombs, and fulfill other critical military roles. They are not quite soldiers, either. One military law analyst noted, "Legally speaking, [military contractors] fall into the same grey area as the unlawful combatants detained at Guantánamo Bay."

This lack of clarity means that when contractors are captured, their adversaries get to define their status. The results of this uncertainty can be dire--as they have been for three American employees of California Microwave Systems whose plane crashed in rebel-held territory in Colombia in 2003. The three have been held prisoner ever since, afforded none of the protections of the Geneva Conventions. Meanwhile, their corporate bosses and U.S. government clients seem to have washed their hands of the matter.

Such difficulties also play out when contractors commit misdeeds. It is often unclear how, when, where, and which authorities are responsible for investigating, prosecuting, and punishing such crimes. Unlike soldiers, who are accountable under their nation's military code of justice wherever they are located, contractors have a murky legal status, undefined by international law (they do not fit the formal definition of mercenaries). Normally, a civilian's crimes fall under the jurisdiction of the country where they are committed. But PMFs typically operate in failed states; indeed, the absence of local authority usually explains their presence in the first place. Prosecuting their crimes locally can thus be difficult.

Iraq still has no well-established courts, and during the formal U.S. occupation, regulations explicitly exempted contractors from local jurisdiction. It is often just as difficult to prosecute contractors in their home country, since few legal systems cover crimes committed outside their territory.

Not one private military contractor has been prosecuted or punished for a crime in Iraq (unlike the dozens of U.S. soldiers who have), despite the fact that more than 20,000 contractors have now spent almost two years there. Either every one of them happens to be a model citizen, or there are serious shortcomings in the legal system that governs them.

In the Abu Ghraib prisoner-abuse case, all of the translators and up to half of the interrogators involved were private contractors working for two firms, Titan and caci. The Army found that contractors were involved in 36 percent of the proven incidents and identified 6 employees as individually culpable. More than a year after the incidents, not one of these individuals has been indicted, prosecuted, or punished, though the U.S. Army has found the time to try the enlisted soldiers involved. There has not been any attempt to assess corporate responsibility for the misdeeds. The only formal inquiry into PMF wrongdoing on the corporate level was conducted by caci itself. Caci investigated caci and, unsurprisingly, found that caci had done no wrong.

http://www.nytimes.com/cfr/international/20050301faessay_v84n2_singer.html?pagewanted=all&position

Sunday, April 03, 2005

Presidential Daily Briefs as Cover Your A's

It seems like they've been reorganizing American Intelligence all my adult life. I'm 55 years old. I couldn't legally vote, or sign a contract until I was 21 years old, but, I could enlist, I sure as hell could be drafted, and I sure was classified 1A. I even got called in for the physical, but somehow, I wasn't asked to raise my hand and pledge allegiance to the constitution (not the flag) of the United States.…

Anyone trying to make sense of America's many intelligence failures should read In Search of Enemies: A CIA Story by John Stockwell. ISBN 0393009262. It should be mandated by law for all politicians. It's out of print now, and the link is to used copies, but search your public library for it. Read it for free, and a whole lot of you will decide it's worth having.

Some things just don't change. In Daily Intelligence Briefings Are Vague, Officials Say By SCOTT SHANE and DAVID E. SANGER ,“officials told the commission that they read the brief, known as the P.D.B., mainly for "defensive" purposes, Charles S. Robb, a former Virginia senator and governor, and Laurence H. Silberman, a senior federal judge, said in an interview on Friday.

‘They knew that was going to drive the president's schedule on a given day, and they had to be prepared for that reason,’ Mr. Robb said. ‘I cannot recall any particular current or former official saying that they believed the P.D.B. was in and of itself that valuable to them. It was more of a defensive reading of the document.’

The comments suggest that the grave shortcomings of the daily briefs before the Iraq war, detailed as part of the commission's sweeping 601-page indictment of the nation's intelligence agencies, have not been remedied despite efforts in recent months by the Central Intelligence Agency to improve them. Asked about how the briefs have changed and whether they were still more alarmist and less nuanced’ than the underlying information warranted, as the commission concluded, the White House refused to comment.

Questions about the commission's critique and how the process has changed, directed to Stephen J. Hadley, the national security adviser, went unanswered. His spokesman, Frederick Jones, said the White House did not want to discuss a ‘privileged presidential document.’”


In Curveball the Goofball http://www.nytimes.com/2005/04/03/opinion/04dowd.html
MAUREEN DOWD wrote Organizations organically respond to please the boss. Bosses naturally surround themselves with people who tell them what they want to hear.

When King Lear's favorite daughter spoke frankly to him, and refused to fawn like her sisters, she was instantly banished. Insincerity pays.

It is absurd to have yet another investigation into the chuckleheaded assessments on Saddam's phantom W.M.D. that intentionally skirts how the $40 billion-a-year intelligence was molded and manufactured to fit the ideological schemes of those running the White House and Pentagon.

As the commission's co-chairman, Laurence Silberman, put it: "Our executive order did not direct us to deal with the use of intelligence by policy makers, and all of us were agreed that that was not part of our inquiry."

Huh? That's like an investigation into steroids in baseball that looks only at the drug companies, not the players who muscled up.

We don't need a 14-month inquiry producing 601 pages at a cost of $10 million to tell us the data on arms in Iraq was flawed. We know that. When we got over there, we didn't find any.

This is the fourth exhaustive investigation that has not answered the basic question: How did the White House and Pentagon spin the information and why has no one gotten in trouble for it? If your kid lied and hid stuff from you to do something he thought would be great, then wouldn't admit it and blamed someone else, he'd be punished - even if his adventure worked out all right for him.

When the "values" president and his aides do it, they're rewarded. Condoleezza Rice was promoted to secretary of state. Stephen Hadley, Condi's old deputy, was promoted to national security adviser. Bob Joseph, a national security aide who helped shovel the uranium hooey into the State of the Union address, is becoming an under secretary of state. Paul Wolfowitz, who painted the takeover of Iraq as such a cakewalk that our troops went in without the proper armor or backup, will run the World Bank. George Tenet, who ran the C.I.A. when Al Qaeda attacked and when Saddam's mushroom cloud gained credibility, got the Medal of Freedom.

…The quality of the brief may be particularly crucial in this administration because by the accounts of close aides and intelligence officials, President Bush is extremely interested in what the spy agencies tell him. He has been described by aides as asking frequent questions, sometimes calling in C.I.A. officers for direct briefings. A senior intelligence official sits on the staff of the national security council to act as an intermediary, and to demand more information.

But none of that questioning pierced through the huge errors in the Iraq intelligence, the commission concluded. It said the briefs "left an impression of many corroborating reports where in fact there were very few sources." Some administration officials say Mr. Bush now demands to see some of the backup sourcing, but they could not say how often he hears dissenting views, and Mr. Hadley's office would not comment on that issue.

Mr. Bush receives an oral briefing each morning from 8 to 8:45 on foreign intelligence and domestic security. The C.I.A. briefer is usually accompanied by the agency's director, currently Porter J. Goss.

Contrary to his image in some circles as a man with little appetite for detailed study, Mr. Bush asked early in his presidency that the brief be expanded and delivered in a loose-leaf notebook to include more than just the 10 to 15 pages of finished intelligence analyses on current topics.

The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, as it is formally called, reviewed about two years of the President's Daily Briefs in the period before the American-led invasion of Iraq in 2003. It found the reports were "disastrously one-sided," giving the president a "daily drumbeat" of sensational headlines.

They noted that Mr. Goss has said that preparing, studying and delivering the daily brief takes as much as six hours a day. Although Mr. Bush has said the newly appointed director of national intelligence, John D. Negroponte, will become his "primary briefer," Mr. Robb and Judge Silberman said they thought that would distract Mr. Negroponte from his main task of overseeing the 15 intelligence agencies and coordinating their work.…

http://www.nytimes.com/2005/04/03/politics/03report.html

Plain-Language Blogging on Schiavo Case

Lawyer's plain-language blogging on Schiavo case a refuge for many
By Staci D. Kramer
Throughout the Schiavo media frenzy, lawyer Matt Conigliaro's blog stayed on mission -- offering the straight scoop on Florida appellate law. He spoke with OJR about the media, bias and "citizen" journalism.

“A reporting lifetime ago, I was part of the often intense coverage of the similar Nancy Cruzan and Christine Busalacchi cases in Missouri. But they played out on a different media stage than the Schiavo case with its wall-to-wall cable coverage and relentless attention online. News organizations were still the primary gatekeepers -- and if people wanted to get their message out, it went through us or usually went unheard.

Today, it's the opposite -- anyone who has something to say has access to a digital printing press and a shot at being read. True, the noise-to-quality ratio is high, and the amount of misinformation masquerading as fact can be scary. But the opening in the gates also makes way for those with something significant to add.

Take Florida law blog AbstractAppeal, where appellate lawyer Matt Conigliaro combines passion for the law and a talent for explaining points like hearsay or case law for feeding tubes. Once it turned up on my radar, it quickly became invaluable, an oasis in the frenzied coverage and polarizing posts; as soon as a ruling came in or a new legal issue was raised, I clicked right in. I spend more time with his resource page than those at news sites.

When Conigliaro started Abstract Appeal, billed as "the first Web log devoted to Florida Law & The Eleventh Circuit Court of Appeals," in 2003, he thought he'd be writing primarily for other Florida lawyers. But Conigliaro wound up in the eye of a category five legal hurricane -- the battle over Terri Schiavo. The combination turned him outward, to a lawyer explaining the law in language it doesn't take a law degree to understand.

While other bloggers following the case tend to side either with husband Michael Schiavo or parents Robert and Mary Schindler, Conigliaro stuck with his initial focus -- Florida and appellate law -- and, in the process, created a port in the storm for those seeking a coherent, comprehensive understanding of the legal issues without a bias toward either family. Conigliaro's primary bias, freely admitted, is toward the law.

I have learned how much the public at large does not know about the legal system, even some of the most basic principles are fairly foreign to a lot of the public, and one of them is the notion of finality, that cases come to an end, that when a trial is held, an appeal is concluded, there are very few ways to try to undo that judgment and start over.

Online Journalism Review: You have devoted an enormous amount of personal resources to doing this. Why are you so compelled to do it and what kind of role do you think you're playing?

Matt Conigliaro: It’s, I guess, a fairly easy answer. I started this weblog regarding Florida law. I'm an appellate attorney, so that's what I do, follow case law for a living so it does merge pretty well with what I do for a living. When this case started to become news I had done relatively few postings on it, other than to just sort of comment on what was going on but didn’t really try to be very insightful. What made me try to be more detailed -- I ended up creating that information page; I literally did it overnight -- I was in the middle of a trial … and I happened to catch a radio show as I was traveling from spot to spot that had the host just screaming about what the case was about, and I knew much of what the host was saying just wasn't true. I knew from reading the appellate proceedings in the case that's not what happened. I was somewhat fed up, and I ended up going home that night, didn't sleep and stayed up all night to write that page.

It was really done as a way of trying to give people that were curious some basic explanation of the procedures, because as I first heard it, "Well the husband wants her dead so the Florida courts have just listened to him." That's not what happened at all. "She's not really in a vegetative state; she's talking and walking and thinking and communicating." The court decisions were exactly to the contrary. There had been a whole trial on what she wanted. The decision was not made by the husband; it was made by the court based on what everybody said about her, her life, her wishes. The representations about it being a decision by the husband were just wrong, and they were inflammatory, too. The statements about her not being in a vegetative state, well, you can still debate that and apparently people still are -- there had been a whole trial on the issue. The court had heard from experts on both sides, heard from an independent court-appointed expert and reached a decision. My original goal was just to get that kind of information out there so that if people were curious there'd be somewhere to go. Also, as I started to get e-mails on it I could refer people to the page.

OJR: You started out by doing little posts that would say so-and-so had a column, so-and-so has a story, and then you had this shift and you started to become the explainer.

MC: Because nobody else was. At some point it didn't do much good to just keep referring people to articles because stories didn’t do a good job of explaining what's going on. And stories are written by reporters, who generally aren't lawyers. It's no slight against them; they get their information by usually talking to lawyers, people involved in the case, people who often make for good quotes and certainly give you their client's spin on whatever's going on, but it doesn't necessarily make for an objective look at what's happened.

MC: It's very troubling to people because they end up being very misled. And if a reporter makes a mistake, then everybody who reads the story or hears the report gets misled. What eventually happened is I started to appreciate just how much misinformation was out there and how much people had questions that media never answered. I started trying to answer.

OJR: Was this the responsibility of local media? Did they miss out on this?

MC: To a great extent, yes, I think so. Although far more, I think it was both a missed opportunity and a bit of a train wreck for the national media because the local media has had this case around for 7 years; at least since 2002, this has been a big deal in Central Florida. Everybody has heard about this case here for years. The local media pretty much figured out the basics of what was going on years ago, and they were being fairly reliable in their reporting in the sense they didn't get things wrong very often. Sometimes -- but not very often. What they didn't do was give much insight into what was happening and what the law was. The stories mostly consisted of some quotes by one side and some quotes by the other side, which leaves the average person clueless about what the law is.

It's understandable a reporter who's not trained in legal matters might not want to be writing stories that firmly declare what the law is, they'd rather quote a professor who says something. They just don’t feel they have the ability or the standing to be declaring what the law is -- and maybe that's appropriate. On the local level, it left a pretty big hole in the coverage. On the national level … I used the term train wreck and I mean it. The misinformation from the national media right through today is still appalling.

OJR: What kinds of perceptions of yours have changed – or have any -- about the way the public approaches information and news?

MC: I'm not sure anything has changed. I think I've learned a lot, though.

OJR: What have you learned?

MC: I've learned that there is just a broad cross-section of people out there who have different levels of interest in the law. I have been pleasantly amazed at the number of people who have contacted me who are genuinely interested in learning what the law says on these different issues and understanding why it says that and how it works. At the same time, there are people who have also contacted me that don’t care at all about the law, don't want to know what it says, don't want to understand it; instead, they simply want to blame people for results – like the judge.

This case cut almost no new legal ground in Florida law. To a lot of people this was new and that this could happen was news to them, but, in terms of the law, if you look at the decisions in this case, there's almost nothing new that's come out of it. The basic framework of what happened here was already the law. A lot of folks out there don’t want to hear that, they don't want to know the judge followed the law … they just want to blame the judge and say he’s corrupt, power hungry and other derogatory terms they want to throw at him.

MC: Generally. I've been unfortunately disappointed. I think there are a lot of well-meaning reporters out there and well-meaning hosts who just don’t have the time to learn what's involved in a case like this or the law that surrounds a case like this. Maybe the people who prepare them are just doing a poor job but, in the end, the country has heard very loudly from a number of people who just didn't know the facts of the case, who just didn’t know the law when they talked about it. They talked about things being true, being factual, that were just incorrect.

MC: I think it would be great if others contributed this way, I think it's inevitable too, maybe not as common as you’d like to see it. … If there was another Schiavo case next month I think I'd collapse. I'm personally lucky that I don’t have kids and work three blocks from where I live.

If more people would do it would be good. The danger that I have seen come from this -- I have learned how much the public at large does not know about the legal system, even some of the most basic principles are fairly foreign to a lot of the public, and one of them is the notion of finality, that cases come to an end, that when a trial is held, an appeal is concluded, there are very few ways to try to undo that judgment and start over. The other thing is not so much a principle as an observation -- it's almost impossible to judge a trial that you weren't there to see, whether it’s a jury or a judge making the final decision, they make those findings based on body language, tone of voice, all sorts of strange things that you’ll get when you’re there that you’ll never see later.

http://www.ojr.org/ojr/stories/050329kramer/

Friday, April 01, 2005

Step by Step We've Lost Our Identity

‘At some point,’ said General Cullen, “I had to say: ‘Wait a minute. We cannot go along with this.’ ”
We Can't Remain Silent
By BOB HERBERT

“Rear Adm. John Hutson, who is now president of the Franklin Pierce Law Center in Concord, N.H., and Brig. Gen. James Cullen, a lawyer in private practice in New York, said they believed that both the war effort and the military itself have been seriously undermined by official policies that encouraged the abuse of prisoners.

Both men said they were unable to remain silent as institutions that they served loyally for decades, and which they continue to love without reservation, are being damaged by patterns of conduct that fly in the face of core values that most members of the military try mightily to uphold.

"At some point," said General Cullen, "I had to say: 'Wait a minute. We cannot go along with this.' "

The two retired officers have lent their support to an extraordinary lawsuit that seeks to hold Defense Secretary Donald Rumsfeld ultimately accountable for policies that have given rise to torture and other forms of prisoner abuse. And last September they were among a group of eight retired admirals and generals who wrote a letter to President Bush urging him to create an independent 9/11-type commission to fully investigate the problem of prisoner abuse from the top to the bottom of the command structure.

Admiral Hutson, who served as the Navy's judge advocate general from 1997 to 2000, said he felt sick the first time he saw the photos of soldiers abusing detainees at Abu Ghraib prison. "I felt like somebody in my family had died," he said.

Even before that, he had been concerned by the Bush administration's decision to deny the protections of the Geneva Conventions to some detainees, and by the way prisoners at Guantánamo Bay were being processed and treated. He said that when the scandal at Abu Ghraib broke, "I knew in my soul that it was going to be bigger than that, that we had just seen the tip of the iceberg and that it was going to get worse and worse and worse."

The letter to President Bush emphasized the wide scope of the problem, noting that there were "dozens of well-documented allegations of torture, abuse and otherwise questionable detention practices" involving prisoners in U.S. custody. It said:

"These reports have implicated both U.S. military and intelligence agencies, ranging from junior enlisted members to senior command officials, as well as civilian contractors. ... No fewer than a hundred criminal, military and administrative inquiries have been launched into apparently improper or unlawful U.S. practices related to detention and interrogation. Given the range of individuals and locations involved in these reports, it is simply no longer possible to view these allegations as a few instances of an isolated problem."

Admiral Hutson and General Cullen have worked closely with a New York-based group, Human Rights First, which, along with the American Civil Liberties Union, filed the lawsuit against Mr. Rumsfeld. A report released this week by Human Rights First said that the number of detainees in U.S. custody in Iraq and Afghanistan has grown to more than 11,000, and that the level of secrecy surrounding American detention operations has intensified.

http://www.nytimes.com/2005/04/01/opinion/01herbert.html

In a passage criticizing the vaunted President's Daily Brief, the super-secret intelligence document that Mr. Bush and his predecessors have received each morning, complaining that its "attention-grabbing headlines and drumbeat of repetition" left misleading impressions, and no room for shadings. "In ways both subtle and not so subtle, the daily reports seemed to be 'selling' intelligence," the commission found, "in order to keep its customers, or at least the First Customer, interested."
A Final Verdict on Prewar Intelligence Is Still Elusive

By TODD S. PURDUM

"It is hard to deny the conclusion that intelligence analysts worked in an environment that did not encourage skepticism about the conventional wisdom," the commission said. But that understated indictment is about the extent of the commission's effort to explain the responsibilities of the nation's highest officials for one of the worst intelligence failures of modern times.

So the latest and presumably the last official review of such questions leaves unresolved what may be the biggest question of all: Who was accountable, and will they ever be held to account for letting what amounted to mere assumptions "harden into presumptions," as Judge Laurence H. Silberman, chairman of the commission, put it.

http://www.nytimes.com/2005/04/01/politics/01policy.html

A full accounting awaits the work of historians. But already some people have been judged, albeit it indirect ways, while others have been rewarded, even promoted. Some who foresaw potential disaster were punished or pushed aside, while the president and vice president were given new terms.

President Bush's election-year order creating the commission (and a schedule that assured it would report well after the election) did not authorize it to investigate how policy makers had used the intelligence they received. In the end, the commission reserved by far its sharpest criticism for the agencies that provided the intelligence, blaming them over and over again in its 601-page unclassified report for "poor tradecraft and poor management."

By comparison, the commission made a tantalizing but oblique reference to the president. It came in a passage criticizing the vaunted President's Daily Brief, the super-secret intelligence document that Mr. Bush and his predecessors have received each morning, complaining that its "attention-grabbing headlines and drumbeat of repetition" left misleading impressions, and no room for shadings. "In ways both subtle and not so subtle, the daily reports seemed to be 'selling' intelligence," the commission found, "in order to keep its customers, or at least the First Customer, interested."

Yemeni Held in Guantánamo Was Seized in Cairo, Group Says (By NEIL A. LEWIS )

Sometime in September 2002, a Yemeni businessman and intelligence officer was abducted on a Cairo street, then kept incommunicado for more than a year by United States authorities, and is now among those imprisoned at Guantánamo Bay, Cuba, according to an examination of his case by Human Rights Watch.

The case of Abdul Salam Ali al-Hila is an example of what human rights groups call "reverse renditions," in which a foreign government assists or cooperates in seizing someone who is then transferred to United States custody. John Sifton, the researcher at Human Rights Watch, the advocacy group - who compiled information on the Hila case from interviews with the man's family, his letters from Guantánamo and government statements published in news reports in Arab countries - said it was "another example of the United States stretching the laws of war and human rights principles to the breaking point.

"You can't just hold people incommunicado indefinitely just by declaring them enemy combatants," he added.

Mr. Sifton and officials from other human rights groups say there are dozens of such people, defined as those who are picked up far from the battlefield of the Afghanistan war and then wind up at the detention center at Guantánamo. Once there, they are considered unlawful combatants.

http://www.nytimes.com/2005/03/30/international/americas/30detain.html

Thursday, March 31, 2005

Schiavo Died Nearly Fourteen Years Ago

By WILLIAM YARDLEY and MARIA NEWMAN

Her Body Died Nearly Two Weeks After Removal of The Feeding Tube

“Terri Schiavo, the severely brain damaged Florida woman who became the subject of an intense legal and political battle that drew responses from the White House to the Halls of Congress to the Vatican, died today, 13 days after her feeding tube was removed on the order of a state court judge.

Ms. Schiavo, 41, died just before 10 a.m. today in the Pinellas Park hospice where she had lived, off and on, for several years, her husband's attorney said. But even as she slipped away, the searing emotions that surrounded her final days remained, following a national debate over whether she should have been reconnected to a tube that provided her with nourishment and hydration.

‘Her husband was present by her bed, cradling her,’ said George Felos, Michael Schiavo's lawyer. ‘Mrs. Schiavo died a calm death, a peaceful death and a gentle death.’ ”

And it's almost certain that no lessons have been learned.

The fight between Ms. Schiavo's husband to have his wife's feeding tube removed, and her parents, who said she could still recover if she was given proper treatment, lasted seven years and made its way from the state courts to the Supreme Court, and back again, several times. On Wednesday night, the Supreme Court refused, for the sixth time, to intervene in the matter.

The family's dispute also resulted in a new state law in Florida and an emergency session of the House of Representatives that produced a new federal law signed by President Bush in the early hours of the morning of March 21.

A range of judges consistently sided with Mr. Schiavo, but her parents would not give up, going from court to court and appealing to politicians and to people who believed that removing the tube was tantamount to taking a life.

"Not only has Mrs. Schiavo's case been given due process, but few, if any similar cases have ever been afforded this heightened level of process," Chief Judge Chris Altenbernd, of the Second Court of Appeal in Florida, wrote earlier this month.

The legal fight provoked a great national discussion, with polls showing most people did not believe politicians should be involved in personal issues of one family trying to decide whether a family member should be kept alive. But it also provoked a great outcry among an ad hoc coalition of Catholic and evangelical lobbyists, street organizers and legal advisers, some of whom demonstrated outside the hospice in recent days, and picketed outside the homes of Mr. Schiavo and Judge George W. Greer of Pinellas-Pasco Circuit Court, who originally ordered the tube removed.

Snippets of a video tape the Schindlers made of their daughter three years ago in which she appears to be smiling, grunting and moaning in response to her mother's voice, and to follow a balloon with her eyes, has become ingrained in the national consciousness after being replayed on news channels over and over again.

http://www.nytimes.com/2005/03/31/national/31cnd-schiavo.html?pagewanted=all&position=

Monday, March 28, 2005

Accessory Before the Fact Part 2
Is No One Accountable?

By BOB HERBERT

“The Bush administration is desperately trying to keep the full story from emerging. But there is no longer any doubt that prisoners seized by the U.S. in Iraq, Afghanistan and elsewhere have been killed, tortured, sexually humiliated and otherwise grotesquely abused.

These atrocities have been carried out in an atmosphere in which administration officials have routinely behaved as though they were above the law, and thus accountable to no one. People have been rounded up, stripped, shackled, beaten, incarcerated and in some cases killed, without being offered even the semblance of due process. No charges. No lawyers. No appeals.

Arkan Mohammed Ali is a 26-year-old Iraqi who was detained by the U.S. military for nearly a year at various locations, including the infamous Abu Ghraib prison. According to a lawsuit filed against Defense Secretary Donald Rumsfeld, Mr. Ali was at times beaten into unconsciousness during interrogations. He was stabbed, shocked with an electrical device, urinated on and kept locked - hooded and naked - in a wooden, coffinlike box. He said he was told by his captors that soldiers could kill detainees with impunity.

(This was not a boast from the blue. On Saturday, for example, The Times reported that the Army would not prosecute 17 American soldiers implicated in the deaths of three prisoners in Iraq and Afghanistan.)

Mr. Ali's story is depressingly similar to other accounts pouring in from detainees, human rights groups, intelligence sources and U.S. government investigators. If you pay close attention to what is already known about the sadistic and barbaric treatment of prisoners by the U.S., you can begin to wonder how far we've come from the Middle Ages. The alleged heretics hauled before the Inquisition were not permitted to face their accusers or mount a defense. Innocence was irrelevant. Torture was the preferred method of obtaining confessions.

No charges were ever filed against Mr. Ali, and he was eventually released. But what should be of paramount concern to Americans is this country's precipitous and frightening descent into the hellish zone of lawlessness that the Bush administration, on the one hand, is trying to conceal and, on the other, is defending as absolutely essential to its fight against terror.

The American Civil Liberties Union and Human Rights First, a New York-based group, filed a lawsuit against Mr. Rumsfeld on behalf of Mr. Ali and seven other former detainees from Iraq and Afghanistan who claim to have been tortured by U.S. personnel.

They charge that Rumsfeld authorized unlawful interrogation techniques, abdicated his responsibility to stop the torture and abuse of prisoners in U.S. custody, contend that the abuse of was widespread and that Mr. Rumsfeld and other top administration officials were fully aware of it.

They also contend, it is unreasonable to believe that Mr. Rumsfeld could have remained in the dark about the rampant mistreatment of prisoners in U.S. custody. They cite a wealth of evidence readily available to the secretary, including the scandalous eruptions at Abu Ghraib prison, reports of detainee abuse at Guantánamo Bay, myriad newspaper and magazine articles, internal U.S. government reports, and concerns expressed by such reputable groups as the International Committee of the Red Cross.

(The committee has noted, among other things, that military intelligence estimates suggest that 70 percent to 90 percent of the people detained in Iraq had been seized by mistake.)

http://www.nytimes.com/2005/03/28/opinion/28herbert.html

Illegal Demands on Active-Duty Soldiers

By DIANA B. HENRIQUES

“Though statistics are scarce, court records and interviews with military and civilian lawyers suggest that Americans heading off to war are sometimes facing distracting and demoralizing demands from financial companies trying to collect on obligations that, by law, they cannot enforce.

Some cases involve nationally prominent companies like Wells Fargo and Citigroup, though both say they are committed to strict compliance with the law.

The problem, most military law specialists say, is that too many lenders, debt collectors, landlords, lawyers and judges are unaware of the federal statute or do not fully understand it.

The law, the Servicemembers Civil Relief Act, protects all active-duty military families from foreclosures, evictions and other financial consequences of military service. The Supreme Court has ruled that its provisions must "be liberally construed to protect those who have been obliged to drop their own affairs to take up the burdens of the nation."

Yet the relief act has not seemed to work in recent cases like these:

¶At Fort Hood, Tex., a soldier's wife was sued by a creditor trying to collect a debt owed by her and her husband, who was serving in Baghdad at the time. A local judge ruled against her, saying she had defaulted, even though specialists say the relief act forbids default judgments against soldiers serving overseas and protects their spouses as well.

¶At Camp Pendleton, Calif., more than a dozen marines returned from Iraq to find that their cars and other possessions had been improperly sold to cover unpaid storage and towing fees. The law forbids such seizures without a court order.

¶In northern Ohio, Wells Fargo served a young Army couple with foreclosure papers despite the wife's repeated efforts to negotiate new repayment terms with the bank. Wells Fargo said later that it had been unaware of the couple's military status. The foreclosure was dropped after a military lawyer intervened.

The relief act provides a broad spectrum of protections to service members, their spouses and their dependents. The interest rate on debts incurred before enlistment, for example, must be capped at 6 percent if military duty has reduced a service member's family income.

The law also protects service members from repossession or foreclosure without a court order. It allows them to terminate any real estate lease when their military orders require them to do so. And it forbids judges from holding service members in default on any legal matter unless the court has first appointed a lawyer to protect their interests.

The law is an updated version of the Soldiers' and Sailors' Civil Relief Act, which was adopted on the eve of World War II and remained largely unchanged through the Persian Gulf war of 1991. But in July 2001, a federal court ruled that service members could sue violators of the relief act for damages. And the terrorist attacks on Sept. 11 prompted Congress to take up a long-deferred Pentagon proposal to update the old act. The revised statute, clearer and more protective than the old one, was signed into law in December 2003.

But the news was apparently slow in reaching those who would have to interpret and enforce the law.

"There are 50,000 judges in this country and God knows how many lawyers," said Alexander P. White, a county court judge in Chicago and the chairman of one of the American Bar Association's military law committees. "Are people falling down on the job - the judges, the bar, the military? Probably." And broad understanding of the law "is not going to happen overnight."

Military lawyers, credit industry organizations and some state courts and bar associations have also tried to spread the word about the new law. But these efforts are not enough, said Col. John S. Odom Jr., retired, of Shreveport, La., who is a specialist on the act. "What we need is a way to reach Joe Bagadoughnuts in Wherever, Louisiana," he said. "Because that's where these cases are turning up."

One reason they are surfacing in unlikely places is the Pentagon's increased reliance on Reserve and National Guard units that do not hail from traditional military towns, said Lt. Col. Barry Bernstein, the judge advocate general for the South Carolina National Guard. When these units are called up, he said, their members find themselves facing creditors and courts that may never have dealt with the relief act.

As a result, some service members heading off to war have confronted exactly the kinds of problems the law was supposed to prevent.…

http://www.nytimes.com/2005/03/28/national/28military.html?pagewanted=all&position=

Friday, March 25, 2005

These Theatrics Were Foretold.
Faith-based news is not far behind.

The God Racket, From DeMille to DeLay
FRANK RICH

“The same Mr. Bush who couldn't be bothered to interrupt his vacation during the darkening summer of 2001, not even when he received a briefing titled "Bin Laden Determined to Strike in U.S.," flew from his Crawford ranch to Washington to sign Congress's Schiavo bill into law. The bill could have been flown to him in Texas, but his ceremonial arrival and departure by helicopter on the White House lawn allowed him to showboat as if he had just landed on the deck of an aircraft carrier. Within hours he turned Ms. Schiavo into a slick applause line at a Social Security rally. "It is wise to always err on the side of life," he said, wisdom that apparently had not occurred to him in 1999, when he mocked the failed pleas for clemency of Karla Faye Tucker, the born-again Texas death-row inmate, in a magazine interview with Tucker Carlson.

These theatrics were foretold. Culture is often a more reliable prophecy than religion of where the country is going, and our culture has been screaming its theocratic inclinations for months now. The anti-indecency campaign, already a roaring success, has just yielded a new chairman of the Federal Communications Commission, Kevin J. Martin, who had been endorsed by the Parents Television Council and other avatars of the religious right. The push for the sanctity of marriage (or all marriages except Terri and Michael Schiavo's) has led to the banishment of lesbian moms on public television. The Armageddon-fueled worldview of the ‘Left Behind’ books extends its spell by the day, soon to surface in a new NBC prime-time mini-series, ‘Revelations,’ being sold with the slogan ‘The End is Near.’ ”

All this is happening while polls consistently show that at most a fifth of the country subscribes to the religious views of those in the Republican base whom even George Will, speaking last Sunday on ABC's "This Week," acknowledged may be considered "extremists." In that famous Election Day exit poll, "moral values" voters amounted to only 22 percent. Similarly, an ABC News survey last weekend found that only 27 percent of Americans thought it was "appropriate" for Congress to "get involved" in the Schiavo case and only 16 percent said it would want to be kept alive in her condition. But a majority of American colonists didn't believe in witches during the Salem trials either - any more than the Taliban reflected the views of a majority of Afghans. At a certain point - and we seem to be at that point - fear takes over, allowing a mob to bully the majority over the short term. (Of course, if you believe the end is near, there is no long term.)

That bullying, stoked by politicians in power, has become omnipresent, leading television stations to practice self-censorship and high school teachers to avoid mentioning "the E word," evolution, in their classrooms, lest they arouse fundamentalist rancor. The president is on record as saying that the jury is still out on evolution, so perhaps it's no surprise that The Los Angeles Times has uncovered a three-year-old "religious rights" unit in the Justice Department that investigated a biology professor at Texas Tech because he refused to write letters of recommendation for students who do not accept evolution as "the central, unifying principle of biology." Cornelia Dean of The New York Times broke the story last weekend that some Imax theaters, even those in science centers, are now refusing to show documentaries like "Galápagos" or "Volcanoes of the Deep Sea" because their references to Darwin and the Big Bang theory might antagonize some audiences. Soon such films will disappear along with biology textbooks that don't give equal time to creationism.

James Cameron, producer of "Volcanoes" (and, more famously, the director of "Titanic"), called this development "obviously symptomatic of our shift away from empiricism in science to faith-based science." Faith-based science has in turn begat faith-based medicine that impedes stem-cell research, not to mention faith-based abstinence-only health policy that impedes the prevention of unwanted pregnancies and diseases like AIDS.

Faith-based news is not far behind.

http://www.nytimes.com/2005/03/27/arts/27Rich.html?pagewanted=all&position=

In an “Ownership” Society
Except for the Wealthy,
You're On Your Own.

The Era of Exploitation
By BOB HERBERT

“President Bush believes in an "ownership" society, which means that except for the wealthy, you're on your own. The president's budget would cut funding for Medicaid, food stamps, education, transportation, health care for veterans, law enforcement, medical research and safety inspections for food and drugs. And, of course, it contains big new tax cuts for the wealthy.

These are the new American priorities. Republicans will tell you they were ratified in the last presidential election. We may be locked in a long and costly war, and federal deficits may be spiraling toward the moon, but the era of shared sacrifices is over. This is the era of entrenched exploitation. All sacrifices will be made by working people and the poor, and the vast bulk of the benefits will accrue to the rich.

F.D.R. would have stared slack-jawed at this madness. Even his grand Social Security edifice is under assault by the vandals of the G.O.P.”

While the press and the public are distracted by one sensational news story after another - Terri Schiavo, Michael Jackson, steroids in baseball, etc. - the president and his party have continued their extraordinary campaign to undermine the programs that were designed to fend off destitution and provide a reasonable foundation of economic security for those not blessed with great wealth.

President Bush has proposed more than $200 billion worth of cuts in domestic discretionary programs over the next five years, and cuts of $26 billion in entitlement programs. The Center on Budget and Policy Priorities, which analyzed the president's proposal, said:

"Figures in the budget show that child-care assistance would be ended for 300,000 low-income children by 2009. The food stamp cut would terminate food stamp aid for approximately 300,000 low-income people, most of whom are low-income working families with children. Reduced Medicaid funding most certainly would cause many states to cut their Medicaid programs, increasing the ranks of the uninsured."

Education funding would be cut beginning next year, and the cuts would grow larger in succeeding years. Food assistance for pregnant women, infants and children would be cut. Funding for H.I.V. and AIDS treatment would be cut by more than half a billion dollars over five years. Support for environmental protection programs would be sharply curtailed. And so on.

Conservatives insist the cuts are necessary to get the roaring federal budget deficit under control. But they have trouble keeping a straight face when they tell that story. Laden with tax cuts, the president's proposal will result in an increase, not a decrease, in the deficit. Shared sacrifice is anathema to the big-money crowd.

http://www.nytimes.com/2005/03/25/opinion/herbert25.1.html

Thursday, March 24, 2005

Terri Schiavo Case: Legal Issues Involving
Healthcare Directives, Death, and Dying

  • U.S. Supreme Court Order denying the application of Schiavo’s parents for a stay of enforcement of the Florida judgment (March 24, 2005)
  • Michael Schiavo’s Opposition to application by Terri Schiavo’s parents (March 24, 2005)
  • 11th Circuit Opinion In 2-1 vote, a federal appeals court denies a legal request to reinsert a feeding tube into Terri Schiavo (March 23, 2005)
  • Court Order denying the request of Terri Schiavo’s parents to reinsert a feeding tube into their daughter (March 22, 2005)
  • Michael Schiavo’s Opposition (March 21, 2005)

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    Legislators With Medical Degrees Offer Opinions on Schiavo Case

    By SHERYL GAY STOLBERG
    As a congressman and a doctor, Representative Dave Weldon, Republican of Florida, sought to put the imprimatur of medicine on Congress's decision to intervene in the case of Terri Schiavo. Like the Senate majority leader, Bill Frist of Tennessee, who is a heart-lung transplant surgeon, Dr. Weldon has been unafraid to question Ms. Schiavo's diagnosis from afar.

    Now he wants to review the case more closely.

    "Please consider affording me the opportunity to personally evaluate Terri's medical condition," Dr. Weldon, an internist who is licensed to practice in Florida, wrote in a letter sent Monday to the lawyer for Ms. Schiavo's husband, Michael.

    He added, "As a medical doctor, who on many occasions was involved in end-of-life decisions with my patients and their family members, I understand many of the issues involved."

    Dr. Weldon's request to examine Ms. Schiavo, the brain-damaged Florida woman at the center of a national debate, is perhaps the most extreme example of how some doctors in Congress have exercised their medical judgment in the case. At least three remarked on her condition without examining her, basing their opinions on court affidavits, videotape or both. In addition to the comments by Dr. Frist and Dr. Weldon, Representative Phil Gingrey, a Georgia Republican and an obstetrician, contended in a House debate that Ms. Schiavo could improve "with proper treatment, now denied."

    The result has been fierce criticism of these Republican doctor-lawmakers by some medical ethicists who say they have blurred the line between medicine and politics, and by Democratic doctor-politicians who say their colleagues have gone too far. Howard Dean, the chairman of the Democratic National Committee and an internist, told reporters that Dr. Frist's remarks were not "medically sound." Another Democrat, Representative Jim McDermott, a psychiatrist from Washington, accused his colleagues on Tuesday of committing "legislative malpractice."

    "This poor woman and this poor family are being used as a political football, and these guys will do anything to push the point that they think is so important, that they will invade this family's privacy," he said in an interview. He singled out Dr. Weldon, saying, "This is a guy who's lost track of who he is."
    http://www.nytimes.com/2005/03/23/politics/23doctors.html

    http://news.findlaw.com/legalnews/lit/schiavo/index.html

    A Wall of Faith and History

    By DAVID FROMKIN

    “President Bush, for his part, says one reason to forge democracies in the Middle East is that terrorists are produced by nondemocratic societies. Young people, goes this line of thinking, grow up frustrated in such societies, having no legitimate outlets for their demands; so by overturning the despotisms we can eliminate "the conditions that feed radicalism and ideologies of murder." It is a plausible theory, and even a persuasive one.

    On the other hand, it is refuted by Western history. In the 1960's and 1970's, terrorism became rampant - one thinks of the Red Brigades, the Baader-Meinhof gang and the Weathermen - in Italy, Germany and the United States, all of them free countries. Democracy, if it is a cure for terrorism, is at least not an infallible one.

    For the moment we cannot judge for sure whether the president's theory is valid: it has not been put to the test. The older order in the Middle East has not been overthrown; until it is a new one cannot be constructed.

    One lesson of recent history is clear, however: the prospects in the Muslim world would be brighter if both the tearing down and the building up were done by Muslims rather than by us. Berliners brought down the wall; yet it was we who overthrew Iraq's dictator, not the Iraqis. And in large part it was we who arranged the election for Iraq's national assembly - although only the magnificent courage of the Iraqi people in voting at the risk of their lives made it possible.

    Now that assembly has begun its deliberations, against long odds. Secessions of ethnic and religious minorities may take place; at some point an authoritarian leader may emerge; a theocracy might take power. All we can do is help and hope. But as for claiming victory and heralding an unstoppable tide of democracy, it is far too soon.

    …without depreciating the value of these halting first movements toward democracy, we should be aware of how limited - for a variety of reasons - they are. They may go in the right direction but are just at the beginning of the road, and most can be expected to encounter strong opposition before they move much further.

    A distinctive feature of the events of 1989 in Germany that is not found in the Middle East in 2005 is that those who manned the Berlin Wall were no longer willing to defend it. The Communist regimes had lost faith in communism and in themselves; they offered no resistance when the crowds pulled down the barricades.

    That is not true of our adversaries, or even many of our friends, today in the Middle East. The jihadists believe in their cause with a fanatic ardor. Taliban raiders continue to harass the democratically elected regime in Afghanistan. It is not clear whether armed groups will respect the Palestinian truce. And even if Syria should withdraw from Lebanon, the dictatorial regime in Damascus is not dissolving itself, as Moscow's did after 1989; on the contrary, any withdrawal would be part of a larger plan to consolidate its hold on domestic power.

    Nor are the forces on our side necessarily fighting for democracy, as they were in Berlin. The demonstrators in the streets in Beirut were not demanding democracy, but asking for independence - which is rather a different thing.

    In turn, what the men in the presidential palaces offer is closer to a hesitant gesture than to a radical break with the past. President Hosni Mubarak of Egypt, who has held power essentially unopposed since 1981, now proposes to amend his country's Constitution to allow opposition candidates in presidential elections. But the best guess is that anyone who runs will be a mere token candidate. And in Saudi Arabia, where voting was decreed and did occur in February - for the first time in its history - the election in question was merely for municipal councils, and the voter turnout was low. Both Egypt and Saudi Arabia are close allies of the United States, and it is difficult to resist the conclusion that their reforms are merely cosmetic, instituted to satisfy Americans and to appease foreign critics.

    The contrast could hardly be greater with what happened in the Iron Curtain countries in 1989 and the 1990's, or even in Ukraine a few months ago, when the people refused to accept half-measures and demanded instead full and honest elections and real democracy.

    But of course the lands of the Arab Middle East - as is often pointed out - have had no significant experience of genuine democracy. Even the promise of democracy that has been held out to them has not been of the real thing

    http://www.nytimes.com/2005/03/24/opinion/24fromkin.html?pagewanted=all&position=

    Wednesday, March 23, 2005

    Coalition Forms to Oppose Parts of Antiterrorism Law

    “An unlikely coalition of liberal civil-rights advocates, conservative libertarians, gun-rights supporters and medical privacy advocates voiced their objections to crucial parts of the law that expanded those powers after the attacks of Sept. 11, 2001.

    Keeping the law intact "will do great and irreparable harm" to the Constitution by allowing the government to investigate people's reading habits, search their homes without notice and pry into their personal lives, said Bob Barr, a former Republican congressman who is leading the coalition.

    Mr. Barr voted for the law, known as the USA Patriot Act, in the House just weeks after the Sept. 11 attacks but has become one of its leading critics, a shift that reflects the growing unease among some conservative libertarians over the expansion of the government's powers in fighting terrorism.

    He joined with other conservatives as well as the American Civil Liberties Union on Tuesday in announcing the creation of the coalition, which hopes to curtail some of the law's more sweeping law-enforcement provisions.

    The coalition of liberals and conservatives said it had no quarrel with the majority of the expanded counterterrorism tools that the law provided, some of which amounted to modest upgrades in the government's ability to use modern technology in wiretapping phone calls and the like.

    But the group said it would focus its efforts on urging Congress to scale back three provisions of the law that let federal agents conduct "sneak and peek" searches of a home or business without immediately notifying the subject of such searches; demand records from institutions like libraries and medical offices; and use a broad definition of terrorism in pursuing suspects.

    The group, calling itself Patriots to Restore Checks and Balances, asked Mr. Bush in a letter Tuesday to reconsider his "unqualified endorsement" of the law.

    Although Congressional action is still probably months away, both sides are already girding for an intense debate. Previous efforts to curtail parts of the law have won significant support in Congress, but the administration and Republican leaders have ultimately beaten back the challenges. Mr. Barr said he considered the debate "the single most important issue" facing Congress.

    The Bush administration has offered a sharp rebuttal to growing attacks on the law in the last two years, saying that federal agents have used their new powers sparingly and judiciously.

    Administration officials note that the Justice Department's inspector general and other groups that have examined the law have not documented any abuses of power.

    Critics, however, counter that because most aspects of the law's use in terrorism cases remain classified, it has been very difficult to assess how it is being utilized.…

    http://www.nytimes.com/2005/03/23/politics/23patriot.html

    Tuesday, March 22, 2005

    FOR YOUR REFERENCE – THE SCHIAVO CASE

    Eric Zorn's Notebook
    “Here's a handy Webliography on the Terri Schiavo case the subject of his column 3/23/2005:

  • The Terri Schiavo information page,” by Florida attorney Matt Conigliaro is the most pointed-to spot on the Internet by those interested in this story; praised for its breadth and relative objectivity.

  • Key events in the case of Theresa Marie Schiavo,” by Steven Haidar, Dartmouth College/University of Miami; Kathy Cerminara, Nova Southeastern University, Shepard Broad Law Center.

  • “Whether Terri Schiavo will live or die in the coming days has come down to this: Can federal district judge James Whittemore set aside virtually every bedrock constitutional principle on which this nation was founded, just so members of the United States Congress may constitutionalize the nowhere-to-be-found legal principle that a "culture of life" is a good thing?” An analysis by Slate’s Dahlia Lithwick.
  • There are an estimated 4,000 deaths each day where there's a conscious decision to limit treatment in some way…” (ABC News)

  • "Money Evaporating in Terri Schiavo battle,"(Associated Press).

  • Life-Support Stopped for 5-Month-Old in Houston: Two extended analyses on this somewhat related story, one on "HealthLawProf Blog" by Thomas W. Mayo, Associate Professor of Law SMU School of Law, and the other on “Lean Left” by Kevin T. Keith.
  • "The Schiavo Case and the Islamization of the Republican Party," by Juan Cole, professor of history at the University of Michigan.

  • "Terri's Law is unconstitutional," by Chicago attorney Frederick S. Rhine.

  • "Oh my, yes. If there's anything that defines George Bush's career, it is his tendency to err on the side of life." A withering look at the president's career highlights by "Tom Tomorrow."

  • http://www.chicagotribune.com/news/columnists/
    ericzorn/weblog/archives/2005/03/for_your_refere_1.html
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