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A Bush administration lawyer resisted a San Francisco federal judge's attempts Wednesday to get him to say whether Congress can limit the president's wiretap authority in terrorism and espionage cases, calling the question simplistic. "You can't possibly make that judgment on the public record" without knowing the still-secret details of the electronic surveillance program that President Bush approved in 2001, Justice Department attorney Anthony Coppolino said at a crucial hearing in a wiretapping lawsuit. Chief U.S. District Judge Vaughn Walker didn't rule immediately on the government's request to dismiss the suit by an Islamic charity in Oregon, which says a document that federal authorities accidentally released showed it was wiretapped. But Walker, in an extensive exchange with Coppolino, said Congress had spoken clearly in a 1978 law that required the government to obtain a warrant from a secret court before it could conduct electronic surveillance of suspected foreign terrorists or spies. "The president is obliged to follow what Congress has mandated," Walker said. The case may determine whether any U.S. court can judge the legality of Bush's covert order to the National Security Agency to intercept phone calls and e-mails between Americans and suspected foreign terrorists without seeking judicial approval. After Bush acknowledged the existence of the program, Congress temporarily extended it in August and now is debating whether to protect telecommunications companies from lawsuits for their past cooperation. Most lawsuits challenging the program have been dismissed because the plaintiffs were unable to show that they had been wiretapped.
Note: For many disturbing reports of increasing threats to civil liberties, click here.
The military is using the FBI to skirt legal restrictions on domestic surveillance to obtain private records of Americans' Internet service providers, financial institutions and telephone companies, the ACLU said Tuesday. The American Civil Liberties Union based its conclusion on a review of more than 1,000 documents turned over by the Defense Department after it sued the agency last year for documents related to national security letters. The letters are investigative tools used to compel businesses to turn over customer information without a judge's order or grand jury subpoena. ACLU lawyer Melissa Goodman said the documents the civil rights group studied "make us incredibly concerned that the FBI and DoD might be collaborating to evade limits" placed on the Defense Department's use of the letters. Goodman, a staff attorney with the ACLU National Security Project, said the military is allowed to demand financial and credit records in certain instances but does not have the authority to get e-mail and phone records or lists of Web sites that people have visited. That is the kind of information that the FBI can get by using a national security letter, she said. "That's why we're particularly concerned. The DoD may be accessing the kinds of records they are not allowed to get," she said. Goodman also noted that legal limits are placed on the Defense Department "because the military doing domestic investigations tends to make us leery.
Note: For further disturbing reports on threats to civil liberties, click here.
Investigators from Scotland Yard have concluded that Benazir Bhutto, the Pakistani opposition leader, died after hitting her head as she was tossed by the force of a suicide blast, not from an assassin�s bullet, officials who have been briefed on the inquiry said Thursday. The findings support the Pakistani government�s explanation of Ms. Bhutto�s death in December, an account that had been greeted with disbelief by Ms. Bhutto�s supporters, other Pakistanis and medical experts. It is unclear how the Scotland Yard investigators reached such conclusive findings absent autopsy results or other potentially important evidence that was washed away by cleanup crews in the immediate aftermath of the blast. The British inquiry also determined that a lone gunman, whose image was captured in numerous photographs at the scene, also caused the explosion. Pakistani authorities originally said there were two assailants, based partly on photographs splashed across the front pages of the nation�s leading newspapers. Scotland Yard said through a spokesman in London that it would have no comment on the Bhutto report until after it was made public. The findings are certain to be met with widespread skepticism, especially from Mrs. Bhutto�s supporters who ... say they believe she was shot, as do people who were riding with Ms. Bhutto when she died on Dec. 27. The doctors who treated Ms. Bhutto told a member of the hospital board, an eminent lawyer, Athar Minallah, that she had most likely been shot.
Note: Why is it that offficial investigations into assassinations of major political figures always come up with "Lone Gunman" theories? For many revealing reports on assassinations from reliable sources, click here.
Montana Governor Brian Schweitzer is urging a third of the nation's governors to join him in opposing the implementation of a national identification card, saying they can force Congress to change it. Schweitzer, who last year said "no, nope, no way, hell no" to the federal plan calling for national driver's licenses under the REAL ID Act, sent a letter yesterday to 17 other governors asking them to oppose a Department of Homeland Security effort to penalize states that have not adopted the mandate. Homeland Security has said recently that travelers from states that have not adopted the license will have to use a passport or certain types of federal border-crossing cards if they want to avoid a vigorous secondary screening at airport security.
Residents of at least 17 states are suddenly stuck in the middle of a fight between the Bush administration and state governments over post-September 11 security rules for driver's licenses -- a dispute that, by May, could leave millions of people unable to use their licenses to board planes or enter federal buildings. Homeland Security Secretary Michael Chertoff, who unveiled final details of the REAL ID Act's rules on Friday, said that if states want their licenses to remain valid for air travel after May 2008, those states must seek a waiver indicating they want more time to comply with the legislation. Chertoff said that in instances where a particular state doesn't seek a waiver, its residents will have to use a passport or a newly created federal passport card if they want to avoid a vigorous secondary screening at airport security. Chertoff spoke as he discussed the details of the administration's plan to improve security for driver's licenses in all 50 states -- an effort delayed due to opposition from states worried about the cost and civil libertarians upset about what they believe are invasions of privacy. Under the rules announced Friday, Americans born after Dec. 1, 1964, will have to get more secure driver's licenses in the next six years. The American Civil Liberties Union has fiercely objected to the effort, particularly the sharing of personal data among government agencies. In its written objection to the law, the ACLU claims REAL ID amounts to the "first-ever national identity card system," which "would irreparably damage the fabric of American life."
The U.S. military is making a mockery of American democratic principles by bringing a criminal case against an Associated Press photographer in Iraq without disclosing the charges against him, AP President and CEO Tom Curley said Saturday. "This is a poor example - and not the first of its kind - of the way our government honors the democratic principles and values it says it wants to share with the Iraqi people," Curley wrote in an opinion piece in The Washington Post. The U.S. military notified the AP last weekend that it intended to submit a written complaint against Bilal Hussein that would bring the case into the Iraqi justice system as early as Nov. 29. Military officials have refused to disclose the content of the complaint to the AP, despite repeated requests. Hussein's lawyer will enter the case "blind," with no idea of the evidence or charges, Curley wrote. "In the 19 months since he was picked up, Bilal has not been charged with any crime, although the military has sent out a flurry of ever-changing claims. Every claim we've checked out has proved to be false, overblown or microscopic in significance," said Curley. Hussein, a 36-year-old native of Fallujah, was part of the AP's Pulitzer Prize-winning photo team in 2005. He was detained in Ramadi on April 12, 2006. "We believe Bilal's crime was taking photographs the U.S. government did not want its citizens to see. That he was part of a team of AP photographers who had just won a Pulitzer Prize for work in Iraq may have made Bilal even more of a marked man," Curley wrote. Curley said the military has refused to answer questions from Hussein's attorney, former federal prosecutor Paul Gardephe, since announcing its intentions to seek a case against him. The military has leaked baseless allegations against Hussein to friendly media outlets, Curley wrote, but it will not even share the exact date of the hearing with the AP.
Note: For a powerful summary of a former Marine general's view of war, "War is a Racket", click here.
A Marine corporal, testifying Saturday at the murder trial of a buddy, said that Marines in his unit began routinely beating Iraqis after being ordered by officers to "crank up the violence level." Cpl. Saul H. Lopezromo said Marines in his platoon, including the defendant, Cpl. Trent D. Thomas, were angry when officers criticized them as not being as tough as other Marine platoons. "We're all hard-chargers, we're not there to mess around, so we took it as an insult," Lopezromo said. Within weeks of allegedly being scolded, seven Marines and a Navy corpsman went out late one night to find and kill a suspected insurgent in the village of Hamandiya near the Abu Ghraib prison. Unable to find their target, the Marines and corpsman dragged another man from his house, fatally shot him, and then planted an AK-47 assault rifle near the body to make it look like he had been killed in a shootout, according to court testimony. "We were told to crank up the violence level," said Lopezromo, who testified for the defense. He indicated that during daily patrols the Marines became much rougher with Iraqis. Asked by a juror to explain, he said, "We beat people, sir." Lopezromo said he believed that officers knew of the beatings, and ... said he saw nothing wrong in what Thomas and the others did. "I don't see it as an execution, sir," he told the judge. "I see it as killing the enemy." He added that Marines, in effect, consider all Iraqi men as part of the insurgency. Prosecution witnesses testified that Thomas shot the 52-year-old Iraq at point-blank range after he had already been shot by other Marines and was lying on the ground. Lopezromo said a procedure called "dead-checking" was routine. Marines are taught "dead-checking" in boot camp ... he said.
A proposed new FBI program would skirt federal laws by paying private companies to hold millions of phone and Internet records which the bureau is barred from keeping itself, experts say. The $5 million project would apparently pay private firms to store at least two years' worth of telephone and Internet activity by millions of Americans, few of whom would ever be considered a suspect in any terrorism, intelligence or criminal matter. The FBI is barred by law from collecting and storing such data if it has no connection to a specific investigation or intelligence matter. In recent years the bureau has tried to encourage telecommunications firms to voluntarily store such information, but corporations have balked at the cost of keeping records they don't need. "The government isn't allowed to warehouse the information, and the companies don't want to, so this creates a business incentive for the companies to warehouse it, so the government can access it later," said Mike German, a policy expert on national security and privacy issues for the American Civil Liberties Union (ACLU). "It's a public-private partnership that puts civil liberties to the test." In March, an FBI official identified the companies as Verizon, MCI and AT&T. Even the bureau's own top lawyer said she found the [FBI's] behavior "disturbing," noting that when requesting access to phone company records, it repeatedly referenced "emergency" situations that did not exist, falsely claimed grand juries had subpoenaed information and failed to keep records on much of its own activity.
A bipartisan group of senators is pushing legislation that would force the CIA to release an inspector general's report on the terrorist attacks of Sept. 11, 2001. The CIA has spent more than 20 months weighing requests under the Freedom of Information Act for its internal investigation of the attacks but has yet to release any portion of it. The agency is the only federal office involved in counterterrorism operations that has not made at least a version of its internal 9/11 investigation public. The law requires agencies to respond to requests within 20 days. Sen. Ron Wyden, D-Ore., and two other intelligence committee leaders -- chairman Jay Rockefeller, D-W.Va., and senior Republican Kit Bond of Missouri -- are pushing legislation that would require the agency to declassify the executive summary of the review within one month and submit a report to Congress explaining why any material was withheld. "It's amazing the efforts the administration is going to stonewall this,'' Wyden said. "The American people have a right to know what the Central Intelligence Agency was doing in those critical months before 9/11.'' Completed in June 2005, the inspector general's report examined the personal responsibility of individuals at the CIA before and after the attacks. The CIA has not released any documents to The Associated Press or other organizations that began requesting the information at least 20 months ago. Groups including the National Security Archive have clashed with the agency over its FOIA policies. Last year, the archive gave the CIA its prize for the agency with the worst FOIA record. ''CIA has for three decades been one of the worst FOIA agencies,'' archive Director Thomas Blanton said this week.
Note: For more reliable information on what US intelligence agencies knew about the coming attacks, click here.
Israel is using nanotechnology to try to create a robot no bigger than a hornet that would be able to chase, photograph and kill its targets, an Israeli newspaper reported on Friday. The flying robot, nicknamed the "bionic hornet," would be able to navigate its way down narrow alleyways to target otherwise unreachable enemies such as rocket launchers. It is one of several weapons being developed by scientists to combat militants. Others include super gloves that would give the user the strength of a "bionic man" and miniature sensors to detect suicide bombers. Deputy Prime Minister Shimon Peres [said] "The war in Lebanon proved that we need smaller weaponry. It's illogical to send a plane worth $100 million against a suicidal terrorist. So we are building futuristic weapons." Prototypes for the new weapons are expected within three years, he said.
The U.S. military has created a global network of overseas prisons...keeping 14,000 detainees beyond the reach of established law. Disclosures of torture and long-term arbitrary detentions have won rebuke from leading voices including the U.N. secretary-general and the U.S. Supreme Court. Tens of thousands now have passed through U.S. detention. Many say they were caught up in U.S. military sweeps, often interrogated around the clock, then released months or years later without apology, compensation or any word on why they were taken. Seventy to 90 percent of the Iraq detentions in 2003 were "mistakes," U.S. officers once told the international Red Cross. The detention system often is unjust and hurts the war on terror by inflaming anti-Americanism in Iraq and elsewhere. Human rights groups count dozens of detainee deaths for which no one has been punished or that were never explained. The new manual banning torture doesn't cover CIA interrogators. Thousands of people still languish in a limbo, deprived of one of common law's oldest rights, habeas corpus, the right to know why you are imprisoned. The U.S. government has contended it can hold detainees until the "war on terror" ends. [Inmates] have been held without charge for three to four years. [Guantanamo's] population today...stands at 455. Only 10 of the Guantanamo inmates have been charged with crimes. In only 14 of 34 cases has anyone been punished for the confirmed or suspected killings of detainees. The stiffest sentence in a torture-related death has been five months in jail. In almost half of 98 detainee deaths, the cause was either never announced or reported as undetermined.
A special report in The New Yorker says the Bush administration was closely involved in the planning of Israel's retaliatory attacks against Hizbullah in Lebanon, and US officials hoped that by helping Israel destroy or disarm the militant Islamic group, it would make it easier for the US to launch a preemptive attack on Iran's nuclear facilities. The report, written by investigative journalist Seymour Hersh, who also helped break the story about abuses at the Abu Ghraib prison and in the 70s broke the story of the My Lai massacre in Vietnam, alleges Israeli officials travelled to Washington to talk to US officials, in particular Vice President Dick Cheney, about the plan. A Pentagon consultant said that the Bush White House "has been agitating for some time to find a reason for a pre-emptive blow against Hezbollah." CBS News reports that Israeli officials "fiercely denied" that it had sought a "greenlight" from Washington, and that it had no advance plan to attack Hizbullah. Yesterday Mr Hersh told CNN: "July was a pretext for a major offensive that had been in the works for a long time. They really want to go after Iran." Last month the San Francisco Chronicle reported that "Israel's military response...was unfolding according to a plan finalized more than a year ago". The report said that a senior Israeli army officer had been briefing diplomats, journalists and think-tanks for more than a year about the plan. It quoted Gerald Steinberg, professor of political science at [Israel's] Bar-Ilan University, who said: "Of all of Israel's wars since 1948, this was the one for which Israel was most prepared."
Kill anything that moves. Moments later, the 19 villagers lay dead or dying. Back home in California, Henry published an account of the slaughter. Yet he and other Vietnam veterans who spoke out about war crimes were branded traitors and fabricators. No one was ever prosecuted. Now, nearly 40 years later, declassified Army files show that Henry was telling the truth. The files are part of a once-secret archive ... that shows that confirmed atrocities by U.S. forces in Vietnam were more extensive than was previously known. The Times...obtained copies of about 3,000 pages -- about a third of the total -- before government officials removed them from the public shelves, saying they contained personal information that was exempt from the Freedom of Information Act. The documents detail 320 alleged incidents that were substantiated by Army investigators. Many war crimes did not make it into the archive. The archive ... includes investigative files, sworn statements by witnesses and status reports for top military brass. The records describe recurrent attacks on ordinary Vietnamese. Hundreds of soldiers ... described a violent minority who murdered, raped and tortured with impunity. Abuses ... were uncovered in every Army division that operated in Vietnam. Ultimately, 57 [soldiers] were court-martialed and just ... fourteen received prison sentences ranging from six months to 20 years, but most won significant reductions on appeal. The stiffest sentence went to a military intelligence interrogator. He served seven months of a 20-year term. Many substantiated cases were closed with a letter of reprimand, a fine or, in more than half the cases, no action at all.
The Central Intelligence Agency has closed a unit that for a decade had the mission of hunting Osama bin Laden and his top lieutenants, intelligence officials confirmed Monday. The unit, known as Alec Station, was disbanded late last year and its analysts reassigned within the C.I.A. Counterterrorist Center, the officials said. The decision is a milestone for the agency, which formed the unit before Osama bin Laden became a household name and bolstered its ranks after the Sept. 11 attacks, when President Bush pledged to bring Mr. bin Laden to justice "dead or alive." "The efforts to find Osama bin Laden are as strong as ever," said Jennifer Millerwise Dyck, a C.I.A. spokeswoman. "This is an agile agency, and the decision was made to ensure greater reach and focus." Michael Scheuer, a former senior C.I.A. official who was the first head of the unit, said the move reflected a view within the agency that Mr. bin Laden was no longer the threat he once was. Mr. Scheuer said that view was mistaken. "This will clearly denigrate our operations against Al Qaeda," he said.
Note: They disband the unit to capture the man on the most wanted list? What's up with that?
In a public health emergency, suspected victims would no longer have to give permission before experimental tests could be run to determine why they're sick, under a federal rule published Wednesday. Privacy experts called the exception unnecessary, ripe for abuse and an override of state informed-consent laws. Health care workers will be free to run experimental tests on blood and other samples taken from people who have fallen sick as a result of a bioterrorist attack, bird flu outbreak, detonation of a dirty bomb or any other life-threatening public health emergency, according to the rule issued by the Food and Drug Administration. The rule took effect Wednesday but remains subject to public comment until Aug. 7. The FDA said it published the rule without first seeking comments because it would hinder the response to an outbreak of bird flu or other public health emergency.
MI5 is being accused of a cover-up for failing to disclose to a parliamentary watchdog that it bugged the leader of the July 7 suicide bombers discussing the building of a bomb months before the London attacks. MI5 had secret tape recordings of Mohammad Sidique Khan, the gang leader, talking about how to build the device and then leave the country because there would be a lot of police activity. However, despite the recordings, MI5 allowed him to escape the net. Transcripts of the tapes were never shown to the parliamentary intelligence and security committee (ISC), which investigated the attacks. The new evidence shows MI5 monitored Khan when he met suspects allegedly planning another, separate attack; that he had knowledge of the "late-stage discussions" of this plot; and that he was recorded having discussions with them about making a bomb and leaving the country. The disclosures will increase pressure for a public inquiry into the atrocity, with greater powers to demand evidence and interrogate witnesses.
Americans receive a steady stream of warnings and alarms about new and horrific perils that await them. Pandemics, dirty bombs, cyber attacks, bioterror and other exotic threats are always on the verge of being unleashed onto a shamefully unprepared republic. Yet, judging from statistics on life expectancy, violent deaths and war, we live in much less perilous times than any generation before us. Avian flu, for example. We are cautioned that a pandemic...is only months away. One World Health Organization estimate says 2 million to 7 million people will die in the next pandemic. But it is not 1918. The WHO reports that since 2003, there have been 152 cases of avian flu, resulting in 83 deaths. A flu pandemic has been regularly predicted since 1997 and (knock on wood) it has never arrived. Dirty bombs -- conventional explosives mixed with radioactive material -- present another example of overreaction. In 2004, experts warned in the normally staid Wall Street Journal that a terrorist attack with a dirty bomb was an imminent certainty. They announced: "Shame on our leaders and on us if the lamentations of the next blue-ribbon panel will be intoned over the graves of hundreds of thousands of Americans, the collapse of our economy, and perhaps a fatal blow to our way of life." But the Nuclear Regulatory Commission says a dirty bomb would contaminate "up to several city blocks." The commission's advice, if one goes off, is to walk away and take a shower.
Note: This informative article, by a program director of the Center for Strategic and International Studies in Washington, demonstrates clearly how the hype and fear around terror is much more damaging than terrorism itself. For more on this from both BBC and my own experience as a presidential interpreter, click here.
They were loyal conservatives and Bush appointees. They fought a quiet battle to rein in the president's power in the war on terror. And they paid a price for it. James Comey...resigned as deputy attorney general in the summer of 2005. Comey's farewell speech...contained...an unusual passage. Comey thanked "people who came to my office, or my home, or called my cell phone late at night, to quietly tell me when I was about to make a mistake; they were the people committed to getting it right....Some of them did pay a price for their commitment to right, but they wouldn't have it any other way." These Justice Department lawyers, backed by their intrepid boss Comey, had stood up to the hard-liners, centered in the office of the vice president, who wanted to give the president virtually unlimited powers in the war on terror. Demanding that the White House stop using what they saw as farfetched rationales for riding rough-shod over the law and the Constitution, [they] fought to bring government spying and interrogation methods within the law. These government attorneys did not always succeed, but their efforts went a long way toward vindicating the principle of a nation of laws and not men. They did not see the struggle in terms of black and white but in shades of gray -- as painfully close calls with unavoidable pitfalls. They worried deeply about whether their principles might put Americans at home and abroad at risk. Their story...is a quietly dramatic profile in courage.
Note: If you want to understand the complexities involved behind the scenes at the top levels of US politics, I most highly recommend reading this entire article. It is five webpages in length.
One wonders if Osama bin Laden didn't win after all. He ruined the America that existed on 9/11. If, back in 2001, anyone had told me that...our president would invade a country and kill 30,000 of its people claiming a threat that never, in fact, existed, then admit he would have invaded even if he had known there was no threat...I would have thought our nation's sensibilities and honor had been eviscerated. If I had been informed that our nation's leaders would embrace torture as a legitimate tool of warfare, hold prisoners for years without charges and operate secret prisons overseas -- and call such procedures necessary for the nation's security -- I would have laughed at the folly of protecting human rights by destroying them. If someone had predicted the president's staff would out a CIA agent as revenge against a critic, defy a law against domestic propaganda by bankrolling supposedly independent journalists and commentators, and ridicule a 37-year Marine Corps veteran for questioning U.S. military policy...I would have called the prediction an absurd fantasy. Never would I have expected this nation -- which emerged stronger from a civil war and a civil rights movement, won two world wars, endured the Depression, recovered from a disastrous campaign in Southeast Asia and still managed to lead the world in the principles of liberty -- would cower behind anyone just for promising to "protect us."
President Bush on Thursday renewed the national emergency he declared after the Sept. 11, 2001, terrorist attacks. In a letter to Congress, Bush said the nation is still under the terrorist threat that led him to declare a national emergency three days after the attacks on the World Trade Center and the Pentagon. The president's declaration allows for the mobilization of reserve military forces and other steps. By law, a national emergency declaration automatically expires on the anniversary date of its declaration unless the president renews it. Bush's action will renew the declaration for another year.
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