Thursday, August 31, 2006


Prosecutions drop for US white-collar crime
By Alexandra Marks | Staff writer of The Christian Science Monitor

NEW YORK – It's the kind of announcement that should put white-collar criminals on notice. The Securities and Exchange Commission (SEC) is now investigating more than 80 companies in the growing stock-option scandal. The government has charged officials at two companies for backdating options - a practice that funneled guaranteed profits to executives. More indictments are expected.

But far from ratcheting up the fight against financial wrongdoing, the federal government is actually shifting resources away from it. The number of white-collar crime prosecutions is down 28 percent from five years ago, according to an analysis of federal data by the Transactional Records Access Clearinghouse at Syracuse University.

The reason? The government's focus on homeland security, experts say. In the same period white-collar crime prosecutions fell, for instance, immigration prosecutions more than doubled.

"There's been a shift of priorities since Sept. 11 at the [Federal Bureau of Investigation], in the sense that they've moved bodies from fraud and white-collar crime units to terrorism units," says James Sanders, a partner at McDermott Will & Emery in Los Angeles and a former federal prosecutor. "At the same time, the [white-collar crime] cases have gotten bigger and more complex."

The Justice Department also defends its success in fighting corporate crime, noting that it's cyclical in nature. "We had an extremely high number of convictions from 2001 to 2004, which rose from years prior to 2001 and is typical of these kinds of investigations and prosecutions because they are cyclical," says Brian Roehrkasse, a Department of Justice spokesman. "Since July of 2002, we've had 1,063 corporate fraud convictions, which is a significant amount of work in a four-year period."

White-collar crime experts don't fault the Justice Department for lack of zeal in its work, but do worry about the shrinking resources devoted to keeping corporate America on its ethical toes.

"People can steal a much greater amount of money with a pen than they can with a gun," says Mr. Page. "If we don't take a stand to say, 'Look, this is wrong' ... then we turn our head, and it results in a lot of people thinking it's OK."

Devaluing Labor


Washington Post
By Harold Meyerson
Wednesday, August 30, 2006; A19

"Labor Day is almost upon us, and like some of my fellow graybeards, I can, if I concentrate, actually remember what it was that this holiday once celebrated. Something about America being the land of broadly shared prosperity. Something about America being the first nation in human history that had a middle-class majority, where parents had every reason to think their children would fare even better than they had.

The young may be understandably incredulous, but the Great Compression, as economists call it, was the single most important social fact in our country in the decades after World War II. From 1947 through 1973, American productivity rose by a whopping 104 percent, and median family income rose by the very same 104 percent. More Americans bought homes and new cars and sent their kids to college than ever before. In ways more difficult to quantify, the mass prosperity fostered a generosity of spirit: The civil rights revolution and the Marshall Plan both emanated from an America in which most people were imbued with a sense of economic security.

That America is as dead as the dodo. Ours is the age of the Great Upward Redistribution. The median hourly wage for Americans has declined by 2 percent since 2003, though productivity has been rising handsomely. Last year, according to figures released just yesterday by the Census Bureau, wages for men declined by 1.8 percent and for women by 1.3 percent.

As a remarkable story by Steven Greenhouse and David Leonhardt in Monday's New York Times makes abundantly clear, wages and salaries now make up the lowest share of gross domestic product since 1947, when the government began measuring such things. Corporate profits, by contrast, have risen to their highest share of the GDP since the mid-'60s -- a gain that has come chiefly at the expense of American workers.

Don't take my word for it. According to a report by Goldman Sachs economists, "the most important contributor to higher profit margins over the past five years has been a decline in labor's share of national income."

As the Times story notes, the share of GDP going to profits is also at near-record highs in Western Europe and Japan.

Clearly, globalization has weakened the power of workers and begun to erode the egalitarian policies of the New Deal and social democracy that characterized the advanced industrial world in the second half of the 20th century.

For those who profit from this redistribution, there's something comforting in being able to attribute this shift to the vast, impersonal forces of globalization. The stagnant incomes of most Americans can be depicted as the inevitable outcome of events over which we have no control, like the shifting of tectonic plates.

Problem is, the declining power of the American workforce antedates the integration of China and India into the global labor pool by several decades. Since 1973 productivity gains have outpaced median family income by 3 to 1. Clearly, the war of American employers on unions, which began around that time, is also substantially responsible for the decoupling of increased corporate revenue from employees' paychecks.

But finger a corporation for exploiting its workers and you're trafficking in class warfare. Of late a number of my fellow pundits have charged that Democratic politicians concerned about the further expansion of Wal-Mart are simply pandering to unions. Wal-Mart offers low prices and jobs to economically depressed communities, they argue. What's wrong with that?

Were that all that Wal-Mart did, of course, the answer would be "nothing." But as business writer Barry Lynn demonstrated in a brilliant essay in the July issue of Harper's, Wal-Mart also exploits its position as the biggest retailer in human history -- 20 percent of all retail transactions in the United States take place at Wal-Marts, Lynn wrote -- to drive down wages and benefits all across the economy. The living standards of supermarket workers have been diminished in the process, but Wal-Mart's reach extends into manufacturing and shipping as well. Thousands of workers have been let go at Kraft, Lynn shows, due to the economies that Wal-Mart forced on the company. Of Wal-Mart's 10 top suppliers in 1994, four have filed bankruptcies.

For the bottom 90 percent of the American workforce, work just doesn't pay, or provide security, as it used to.

Devaluing labor is the very essence of our economy. I know that airlines are a particularly embattled industry, but my eye was recently caught by a story on Mesaba Airlines, an affiliate of Northwest, where the starting annual salary for pilots is $21,000 a year, and where the company is seeking a pay cut of 19 percent. Maybe Mesaba's plan is to have its pilots hit up passengers for tips.

Labor Day is almost upon us. What a joke.
- meyersonh@washpost.com -

Tuesday, August 29, 2006


August 28, 2006 | Mourners gather on top of a levee in New Orleans, Louisiana, for a candlelight vigil honoring those lost in Hurricane Katrina. Bells tolled in this shattered city Tuesday morning, marking the moment one year earlier when New Orleans' levees buckled and unleashed a torrent of water that ripped homes from their foundations and sent half the city into an uncertain exile. (Photo: Mario Tama / Getty Images)

Flame Wars: Dell's Battery Woes


eWeek
By Peter Coffee and Anne Chen
August 21, 2006

Dell announced last week that it was recalling 4.1 million notebook PC batteries, manufactured by Sony, following what Dell asserts to be a small number of fires (although at least one former Dell employee has said the problem is long-standing and more common than the company admits). A statement from the Consumer Product Safety Commission called this the largest computer-related recall to date.

eWEEK Labs uses two Dell Latitude D10s and a Latitude D20 as part of our testbed. It turns out that none of our laptop batteries was affected by the recall. Questions remain as to how many laptop computer batteries made by Sony for other brands of laptops may share the problem. CPSC spokesperson Scott Wolfson told eWEEK Labs on Aug. 17 that this possibility was under investigation; Aug. 24 announcements from Apple, Sony and the CPSC have since confirmed that batteries made by Sony for Apple are also at risk and are being recalled for exchange by Apple.

So why would a laptop battery be at risk of bursting into flame? When a battery powers a circuit, the battery itself is part of the circuit—meaning that the battery's internal resistance, multiplied by the square of the current, becomes an unavoidable source of waste heat. Low internal resistance is therefore considered a good thing, and laptop batteries are designed to minimize it.

What low resistance means, though, is that any short circuit across (or inside) the battery can result in a very large current flow (amps of current equal voltage divided by resistance). A battery thus can unleash a lot of energy (watts equals volts times amps; energy equals watts times seconds) in a very short amount of time.

Batteries are characterized by their "C" value—the number of amps of current that discharge the battery in 1 hour. Different battery types can handle differing peak currents, expressed as a multiple of C: A NiCad battery can readily deliver a peak current of 1C, while a NiMH battery is more typically rated at only 0.2C. Higher currents due to short circuits may stress a battery beyond design limits.

Laptop makers also strive for the highest possible value of watt-hours per pound, but that's just another way of saying there's a lot more energy in a much smaller package. All of this means that battery makers must practice care in design and manufacture and that laptop makers must be wary of battery-charger system interactions so that energy is released only at the proper rate and in the intended manner.

Note: For years we have recommended that users only charge the batteries for their laptops when they are nearby and can monitor the charging process...not overnight, and not when the charger is sitting on a carpeted floor/bed/etc. A fairly simple test of the potential problem with a battery/charging system is to evaluate the amount of heat put out by the system during normal operations; ie: is the temperature of the external casing around the battery/charger hotter than 125 degrees? If not, it's probably ok to charge unattended; however if it's normally "hot" to the touch, caution is strongly recommended.

Whatever isn't, is...


Cheney Again Links Iraq With The 9/11 Attacks
By Greg Sargent | bio

As you may recall, President Bush was recently asked what Iraq had to do with 9/11, and he answered: "Nothing." But that didn't stop Dick Cheney from again linking Iraq and 9/11 today in keeping with the GOP's midterm strategy of painting Dems as weak. Here's what Cheney said today in a speech, in which he faulted "some" withdrawal-minded pols as follows: "They overlook a fundamental fact. We were not in Iraq on September 11, 2001, but the terrorists hit us anyway."
Note: Question for readers:
Doesn't this count as saying Iraq was behind 9/11? If not, what is Cheney saying?


On August 28, 2006 - 7:43pm cscs said:

Depends on the meaning of the word "link." If you argue with a wingnut, you'll be challenged that no one ever said the literal words "Saddam was behind 9/11," just like no one ever said Saddam's threat was "imminent."

But, in those cases as well as what Cheney is doing today, 9/11 and Iraq are being "associated." By saying those two things in the same sentence or in two sentences next to each other, it has the effect of implying the two were connected. In fact, reading Cheney's statement, it seems to me the terrorists of which he speaks came from Iraq, and they hit us before we got there.

And, of course, the above cited article says: "But prior to the U.S.-led invasion, Cheney suggested that one of the September 11 hijackers met in Prague before the attacks with an Iraqi intelligence agent."

So Cheney, of any in the cabal, has actually done the most to directly implicate Iraq in the 9/11 attacks.

Dissent Protects Democracy.

Why It's Not Working in Afghanistan


By Ann Jones
TomDispatch.com
Sunday 27 August 2006

Remember when peaceful, democratic, reconstructed Afghanistan was advertised as the exemplar for the extreme makeover of Iraq? In August 2002, Secretary of Defense Donald Rumsfeld was already proclaiming the new Afghanistan "a breathtaking accomplishment" and "a successful model of what could happen to Iraq." As everybody now knows, the model isn't working in Iraq. So we shouldn't be surprised to learn that it's not working in Afghanistan either.

The story of success in Afghanistan was always more fairy tale than fact - one scam used to sell another. Now, as the Bush administration hands off "peacekeeping" to NATO forces, Afghanistan is the scene of the largest military operation in the history of that organization. Today's personal email brings word from an American surgeon in Kabul that her emergency medical team can't handle half the wounded civilians brought in from embattled provinces to the south and east. American, British, and Canadian troops find themselves at war with Taliban fighters - which is to say "Afghans" - while stunned NATO commanders, who hadn't bargained for significant combat, are already asking what went wrong.

The answer is a threefold failure: no peace, no democracy, and no reconstruction.

Doing Things Backward

Critics of American Afghan policy agree that the Bush administration, in its haste to take out Saddam's Iraq, did things backward. After bombing the Taliban into the boondocks in 2001, it set up a government without first making peace - a scenario later to be repeated in Iraq.

Instead of pressing for peace negotiations among rival Afghan parties, the victorious Americans handed power to Islamists and militia commanders who had served as America's stand-in soldiers in its Afghan proxy war against the Soviet Union in the 1980s. Then the Bush administration staged elections for these candidates and touted the result as democracy. It also confined an International Security Assistance Force, made up largely of European troops, to the capital, creating an island of safety for the government, while dispatching warlords of its choice to hunt for Osama bin Laden in the countryside.

In the east and south - that is, about half the country - the Taliban never stopped fighting. Now, augmented by imported al-Qaeda fighters ("Arab-Afghans") and new tactics learned from the insurgency in Iraq (roadside bombs or IEDs, suicide bombing), Taliban forces are stronger than at any time since the United States "conquered" them in 2001. According to the Afghan Independent Human Rights Commission, most Afghans have long favored a process of amnesty and reconciliation; and President Hamid Karzai recently called on the Bush administration to change course and stop killing Afghans. But administration policy, recently reaffirmed in Kabul by Secretary of State Condoleezza Rice, calls for a fight to the last Talib.

Predictably, public opinion has been turning steadily against the largely powerless central government, guarded in the capital by foreign forces. The insecurity endured by most Afghans - the absence of peace - is enough to make them give up hope in President Karzai, often jeeringly referred to as the "mayor of Kabul" or "assistant to the American Ambassador."

Historically Afghans have selected and followed strong leaders; they expect a leader to deliver security, jobs, special favors ... something anyway. The Karzai government, confined to a self-serving American agenda that is often at odds with Afghan interests, has delivered nothing at all to the average Afghan, still living in abysmal poverty. In 2004, Afghans dutifully voted for Karzai as the instrument of American promises. By 2005, when Parliamentary elections were held, voters indicated that they were fed up with the same old candidates - all those militia commanders and Islamist extremists - and the same old hollow promises.

The sad part of the story is this. Despite the Bush administration's sham "peace" and fake "democracy," it might have made - might still make - a success of Afghanistan if only it delivered on that third big promise: to rebuild the bombed-out country. Most Afghans, after the dispersal of the Taliban, were full of hope and ready to work. The tangible benefits of reconstruction - jobs, housing, schools, health-care facilities - could have rallied them to support the government and turn that illusory "democracy" into something like the real thing. But reconstruction didn't happen. When NATO-led forces moved into the southern provinces this summer to keep the peace and continue "development," Lieutenant-General David Richards, British commander of the operation, seemed astonished to find that little or no development had so far taken place.

For that failure the U.S. is to blame. Until this year, the American-led Coalition assumed sole charge of "security" operations outside Kabul, but it never put enough troops on the ground to do the job. (Sound familiar?) As a result, aid workers (both international and Afghan) lost their lives, and non-governmental aid organizations (NGOs) withdrew to Kabul, or like Médecins Sans Frontières, left the country altogether. Private contractors who remained in the field found themselves regularly diverting project funds to "security," so that, as in Iraq, aid money poured into operations that belonged in the military budget.

A recent audit by the Special Inspector General for Iraq Reconstruction found the United States Agency for International Development (USAID) using "an accounting shell game" to hide mammoth cost overruns on projects - as high as 418% - resulting partly from such security problems. There's every reason to believe that an audit of Afghanistan reconstruction by many of the same firms under contract to USAID would reveal similar accounting practices used for the same reason. Without peace there can be no security, and without security no development.

The Reconstruction Shell Game

But there's more to the story than that. To understand the failure - and fraud - of such reconstruction, you have to take a look at the peculiar system of American aid for international development. During the last five years, the U.S. and many other donor nations pledged billions of dollars to Afghanistan, yet Afghans keep asking: "Where did the money go?" American taxpayers should be asking the same question. The official answer is that donor funds are lost to Afghan corruption. But shady Afghans, accustomed to two-bit bribes, are learning how big-bucks corruption really works from the masters of the world.

A fact-packed report issued in June 2005 by Action Aid, a widely respected NGO, headquartered in Johannesburg, South Africa, makes sense of the workings of that world. The report studied development aid given by all countries globally and discovered that only a small part of it - maybe 40% - is real. The rest is "phantom" aid; that is, the money never actually shows up in recipient countries at all.

Some of it doesn't even exist except as an accounting item, as when countries count debt relief or the construction costs for a fancy new embassy in the aid column. A lot of it never leaves home. Paychecks for American "experts" under contract to USAID, for example, go directly from the Agency to their American banks without ever passing through the to-be-reconstructed country. Much aid money, the report concludes, is thrown away on "overpriced and ineffective Technical Assistance," such as those very hot-shot American experts. And a big chunk of it is carefully "tied" to the donor nation, which means that the recipient is obliged to use the donated money to buy products from the donor country, even when - especially when - the same goods are available cheaper at home.

The U.S. easily outstrips other nations at most of these scams, making it second only to France as the world's biggest purveyor of phantom aid. Fully 47% of American development aid is lavished on overpriced technical assistance. By comparison, only 4% of Sweden's aid budget and only 2% of Luxembourg's and Ireland's goes to such assistance. As for tying aid to the purchase of donor-made products, Sweden and Norway don't do it all; neither do Ireland and the United Kingdom. But 70% of American aid is contingent upon the recipient spending it on American stuff, especially American-made armaments. Considering all these practices, Action Aid calculates that 86 cents of every dollar of American aid is phantom aid.

According to targets set years ago by the UN and agreed to by almost every country in the world, a rich country should give 0.7% of its national income in annual aid to poor ones. So far, only the Scandinavian countries, the Netherlands, and Luxembourg (with real aid at 0.65% of national income) even come close. At the other end of the scale, the U.S. spends a paltry 0.02% of national income on real aid, which works out to an annual contribution of $8.00 from every citizen of "the wealthiest nation in the world." (By comparison, Swedes kick in $193 per person, Norwegians $304, and the citizens of Luxembourg $357.) President Bush boasts of sending billions in aid to Afghanistan, but in fact we could do better by passing a hat.

The Bush administration often deliberately misrepresents its aid program for domestic consumption. Last year, for example, when the President sent his wife to Kabul for a few hours of photo ops, the New York Times reported that her mission was "to promise long-term commitment from the United States to education for women and children." Speaking in Kabul, Mrs. Bush pledged that the United States would give an additional $17.7 million to support education in Afghanistan. As it happened, that grant had previously been announced - and it was not for Afghan public education (or women and children) at all, but to establish a brand-new, private, for-profit American University of Afghanistan catering to the Afghan and international elite. (How a private university comes to be supported by public taxpayer dollars and the Army Corps of Engineers is another peculiarity of Bush aid.)

Ashraf Ghani, the former finance minister of Afghanistan and president of Kabul University, complained, "You cannot support private education and ignore public education." But typically, having set up a government in Afghanistan, the U.S. stiffs it, preferring to channel aid money to private American contractors. Increasingly privatized, U.S. aid becomes just one more mechanism for transferring taxpayer dollars to the coffers of select American companies and the pockets of the already rich.

In 2001, Andrew Natsios, then head of USAID, cited foreign aid as "a key foreign policy instrument" designed to help other countries "become better markets for U.S. exports." To guarantee that mission, the State Department recently took over the formerly semi-autonomous aid agency. And since the aim of American aid is to make the world safe for American business, USAID now cuts in business from the start. It sends out requests for proposals to a short list of the usual suspects and awards contracts to those bidders currently in favor. (Election-time kickbacks influence the list of favorites.)

Sometimes it invites only one contractor to apply, the same efficient procedure that made Halliburton so notorious and profitable in Iraq. In many fields it "preselects vendors" by accepting bids every five years or so on an IQC - that's an "Indefinite Quantities Contract." Contractors submit indefinite information about what they might be prepared to do in unspecified areas, should some more definite contract materialize; the winners become designated contractors who are invited to apply when the real thing comes along. USAID generates the real thing in the form of an RFP, a Request for Proposals, issued to the "pre-selected vendors" who then compete (or collaborate) to do - in yet another country - work dreamed up in Washington by theoreticians unencumbered by first hand knowledge of the hapless "target."

The Road to Taliban Land

The criteria by which contractors are selected have little or nothing to do with conditions in the recipient country, and they are not exactly what you would call transparent. Take the case of the Kabul-Kandahar Highway, featured on the USAID website as a proud accomplishment. In five years, it's also the only accomplishment in highway building - which makes it one better than the Bush administration record in building power stations, water systems, sewer systems, or dams.

The highway was featured in the Kabul Weekly newspaper in March 2005 under the headline, "Millions Wasted on Second-Rate Roads." Afghan journalist Mirwais Harooni reported that even though other international companies had been ready to rebuild the highway for $250,000 per kilometer, the U.S.-based Louis Berger Group got the job at $700,000 per kilometer - of which there are 389. Why? The standard American answer is that Americans do better work - though not Berger which, at the time, was already years behind on another $665 million contract to build Afghan schools. Berger subcontracted to Turkish and Indian companies to build the narrow, two-lane, shoulderless highway at a final cost of about $1 million per mile; and anyone who travels it today can see that it is already falling apart.

Former Minister of Planning Ramazan Bashardost complained that when it came to building roads, the Taliban had done a better job; and he too asked, "Where did the money go?" Now, in a move certain to tank President Karzai's approval ratings and further endanger U.S. and NATO troops in the area, the Bush administration has pressured his government to turn this "gift of the people of the United States" into a toll road, charging each driver $20 for a road-use permit valid for one month. In this way, according to American experts providing highly paid technical assistance, Afghanistan can collect $30 million annually from its impoverished citizens and thereby decrease the foreign aid "burden" on the United States.

Is it any wonder that foreign aid seems to ordinary Afghans to be something only foreigners enjoy? At one end of the infamous highway, in Kabul, Afghans complain about the fancy restaurants where those experts, technicians, and other foreigners gather, men and women together, to drink alcohol, carry on, and plunge half-naked into swimming pools. They object to the brothels - eighty of them by 2005 - that house women trafficked in to serve the "needs" of foreign men. They complain that half the capital city still lies in ruins, that many people still live in tents, that thousands can't find jobs, that children go hungry, that schools and hospitals are overcrowded, that women in tattered burqas still beg in the streets and turn to prostitution, that children are kidnapped and sold into slavery or murdered for their kidneys or eyes. They wonder where the promised aid money went and what the puppet government can possibly do to make things better.

At the other end of the highway, in Kandahar city - President Karzai's home town ñ and in the southern provinces of Kandahar, Helmand, Zabul, and Uruzgan, Taliban commander Mullah Dadullah is reported to have more than 12,000 men under arms and squads of suicide bombers at the ready. They ambush newly arrived NATO troops. The embattled British commander, Lieutenant-General Richards, recently issued a warning: "We need to realize that we could actually fail here."

The U.S. attacks the Taliban, as it did in 2001, with air power. (The Times of London reports that in May alone, U.S. planes flew an "astonishing" 750 bombing raids.) Every day brings new reports of NATO and Taliban combat casualties, and of "suspected" Taliban as well as civilians killed, long range, by American bombs.

In the meantime, the Taliban take control of villages; they murder teachers and blow up schools. U.S.-led drug eradication teams take control of villages and destroy the poppy crops of poor farmers. Caught as usual in the middle of warring factions, Afghans of the south and east long ago ceased to wonder where the money went. Instead they wonder who the government is. And what ever happened to "peace"

--------

Note: Journalist and photographer Ann Jones spent much of the last four years in Afghanistan working as a human rights researcher and women's advocate with international humanitarian agencies and teaching English to Kabul high school English teachers. She writes about her Afghan experience for the Nation magazine and notably in a new book Kabul in Winter: Life Without Peace in Afghanistan (Metropolitan Books, 2006). For more on her, check out her website.

Senator Who Put "Secret Hold" on Bill to Open Federal Records Is a Secret, Too


By Rebecca Carr
Cox News Service
Wednesday 23 August 2006

Washington - In an ironic twist, legislation that would open up the murky world of government contracting to public scrutiny has been derailed by a secret parliamentary maneuver.

An unidentified senator placed a "secret hold" on legislation introduced by Sens. Tom Coburn, R-Okla., and Barack Obama, D-Ill., that would create a searchable database of government contracts, grants, insurance, loans and financial assistance, worth $2.5 trillion last year. The database would bring transparency to federal spending and be as simple to use as conducting a Google search.

The measure had been unanimously passed in a voice vote last month by the Senate Homeland Security and Governmental Affairs Committee. It was on the fast track for floor action before Congress recessed Aug. 4 when someone put a hold on the measure.

Now the bill is in political limbo. Under Senate rules, unless the senator who placed the hold decides to lift it, the bill will not be brought up for a vote.

"It really is outrageous to do this in the dead of night as Congress is recessing," said Gary Bass, executive director of OMB Watch, a budget watchdog group based in Washington. "The public has a right to know how the government spends money."

The secret hold has prompted conservative and liberal government watchdog groups to band together to "smoke out" the senator responsible.

Porkbusters.org, for example, posted photographs of all senatorial suspects underneath a bold-faced headline asking, "Who is the Secret Holder?"

It remains unclear if the senator responsible will be able to withstand the pressure from the broad array of groups and senators supporting the bill.

"It really is a mystery, not only who did it, but what the rationale could possibly be and why they would go to the mat on this," said Ellen Miller, executive director of the Sunlight Foundation, a new Washington-based nonprofit devoted to helping the public understand Congress through the Internet. "There is no conceivable, rational explanation for killing this legislation unless they have something to hide."

Senator Stevens Exposed as "Secret Blocker" of Legislation


Wednesday 30 August 2006

Washington - Alaska Senator Ted Stevens has been exposed, by the process of elimination, as the middle-of-the-night insider who blocked a bill to make public the spending patterns of the government.

Twelve days ago, an unidentified senator placed a "secret hold" on legislation introduced by Sens. Tom Coburn, R-Okla., and Barack Obama, D-Ill., that would create a searchable database of government contracts, grants, insurance, loans and financial assistance, worth $2.5 trillion last year. The database would bring transparency to federal spending and be as simple to use as conducting a Google search.

The measure had been unanimously passed in a voice vote last month by the Senate Homeland Security and Governmental Affairs Committee. It was on the fast track for floor action before Congress recessed Aug. 4 when Stevens put a hold on the measure.

In response, liberals and conservatives worked together to ask every Senate office whether they had placed a hold on the bill. Of all 100 senators, only Sen. Ted Stevens (R-AK) would not deny placing the hold. In addition, one of the bill's leading sponsors, Sen. Tom Coburn (R-OK), said of Stevens, "he's the only senator blocking it." Stevens's opposition to such a bill is not surprising; he is one of the most prolific earmarkers in the Senate:

* In 2005, Stevens helped slip in legislation to begin construction on the "Bridge to Nowhere," earmarking over $200 million for a bridge to an island home to 50 people. When an amendment jeopardized funding for the project, Stevens threatened to resign.

* Later that year, Stevens tried to insert an amendment into the national defense bill allowing oil drilling in the Artic National Wildlife Refuge. When the Senate struck the provision, Stevens called it "the saddest day of my life" and has "written off" Senate friends who opposed drilling.

* This year, Stevens earmarked $450,000 to research baby food made from salmon and over $1 million for "alternative salmon product research." This is the third year in a row he has appropriated money to research salmon products.

Now the bill is in political limbo. Under Senate rules, unless the senator who placed the hold decides to lift it, the bill will not be brought up for a vote.

"It really is outrageous to do this in the dead of night as Congress is recessing," said Gary Bass, executive director of OMB Watch, a budget watchdog group based in Washington. "The public has a right to know how the government spends money."

The secret hold had prompted conservative and liberal government watchdog groups to band together to "smoke out" the senator responsible.

Porkbusters.org, for example, posted photographs of all senatorial suspects underneath a bold-faced headline asking, "Who is the Secret Holder?"

"It really is a mystery, not only who did it, but what the rationale could possibly be and why they would go to the mat on this," said Ellen Miller, executive director of the Sunlight Foundation, a new Washington-based nonprofit devoted to helping the public understand Congress through the Internet. "There is no conceivable, rational explanation for killing this legislation unless they have something to hide."

Monday, August 28, 2006

The Resellers' Guide to Free Desktop Linuxes

Thursday, August 24, 2006

Evolution Major Vanishes From Approved Federal List
By Cornelia Dean
Published: August 24, 2006

Evolutionary biology has vanished from the list of acceptable fields of study for recipients of a federal education grant for low-income college students.

The omission is inadvertent, said Katherine McLane, a spokeswoman for the Department of Education, which administers the grants. “There is no explanation for it being left off the list,” Ms. McLane said. “It has always been an eligible major.”

Another spokeswoman, Samara Yudof, said evolutionary biology would be restored to the list, but as of last night it was still missing.

If a major is not on the list, students in that major cannot get grants unless they declare another major, said Barmak Nassirian, associate executive director of the American Association of Collegiate Registrars and Admissions Officers. Mr. Nassirian said students seeking the grants went first to their college registrar, who determined whether they were full-time students majoring in an eligible field.

“If a field is missing, that student would not even get into the process,” he said.

That the omission occurred at all is worrying scientists concerned about threats to the teaching of evolution.

One of them, Lawrence M. Krauss, a physicist at Case Western Reserve University, said he learned about it from someone at the Department of Education, who got in touch with him after his essay on the necessity of teaching evolution appeared in The New York Times on Aug. 15. Dr. Krauss would not name his source, who he said was concerned about being publicly identified as having drawn attention to the matter.

Students cannot simply list something else on an application form, said Mr. Nassirian of the registrars’ association. “Your declared major maps to a CIP code,” he said. Mr. Nassirian said people at the Education Department had described the omission as “a clerical mistake.” But it is “odd,” he said, because applying the subject codes “is a fairly mechanical task. It is not supposed to be the subject of any kind of deliberation.”

“I am not at all certain that the omission of this particular major is unintentional,” he added. “But I have to take them at their word.”

Scientists who knew about the omission also said they found the clerical explanation unconvincing, given the furor over challenges by the religious right to the teaching of evolution in public schools. “It’s just awfully coincidental,” said Steven W. Rissing, an evolutionary biologist at Ohio State University.

Tuesday, August 22, 2006

“Circle of Life”




Photo courtesy of: http://www.wildland.com

'Circle of Life - The Song'
Music by Elton John, lyrics by Tim Rice
Performed by Elton John

"From the day we arrive on the planet
And blinking, step into the sun
There's more to be seen than can ever be seen
More to do than can ever be done

Some say eat or be eaten
Some say live and let live
But all are agreed as they join the stampede
You should never take more than you give

(Chorus)
In the Circle of Life
It's the wheel of fortune
It's the leap of faith
It's the band of hope
Till we find our place
On the path unwinding
In the Circle, the Circle of Life

Some of us fall by the wayside
And some of us soar to the stars
And some of us sail through our troubles
And some have to live with the scars

There's far too much to take in here
More to find than can ever be found
But the sun rolling high
Through the sapphire sky
Keeps the great and small on the endless round

(Chorus repeats)

On the path unwinding
In the Circle, the Circle of Life.

"In the context of the movie, the circle of life speaks of how we are all interrelated in an unending circle of existence. The lion eats the antelope for its survival, but the lion itself returns to the ground upon its death, upon which grass grows for the nourishment of the antelope. That's the circle of life; a cycle of interrelatedness within the scheme of creation.

The lion - the king of the animal kingdom - was trying to teach his young cub (who would one day be king) that the responsibility of a king was to ensure the preservation of a balance in that circle of life. In so saying, it followed that life for the young cub was not just to be lived for the moment, and that being a king was more than simply having things done his way. There was a legacy to continue and a story to pass on to the next generation of rulers within that kingdom."
- SHERMAN YL KUEK, Malaysia

The Essential Krugman: "Tax Farmers, Mercenaries and Viceroys"

The Essential Krugman: "Tax Farmers, Mercenaries and Viceroys"


By PAUL KRUGMAN
NY Times Op-Ed

Yesterday The New York Times reported that the Internal Revenue Service would outsource collection of unpaid back taxes to private debt collectors, who would receive a share of the proceeds.

It’s an awful idea. Privatizing tax collection will cost far more than hiring additional I.R.S. agents, raise less revenue and pose obvious risks of abuse. But what’s really amazing is the extent to which this plan is a retreat from modern principles of government. I used to say that conservatives want to take us back to the 1920’s, but the Bush administration seemingly wants to go back to the 16th century.

And privatized tax collection is only part of the great march backward.

In the bad old days, government was a haphazard affair. There was no bureaucracy to collect taxes, so the king subcontracted the job to private “tax farmers,” who often engaged in extortion. There was no regular army, so the king hired mercenaries, who tended to wander off and pillage the nearest village. There was no regular system of administration, so the king assigned the task to favored courtiers, who tended to be corrupt, incompetent or both.

Modern governments solved these problems by creating a professional revenue department to collect taxes, a professional officer corps to enforce military discipline, and a professional civil service. But President Bush apparently doesn’t like these innovations, preferring to govern as if he were King Louis XII.

So the tax farmers are coming back, and the mercenaries already have. There are about 20,000 armed “security contractors” in Iraq, and they have been assigned critical tasks, from guarding top officials to training the Iraqi Army.

Like the mercenaries of old, today’s corporate mercenaries have discipline problems. “They shoot people, and someone else has to deal with the aftermath,” declared a U.S. officer last year.

And armed men operating outside the military chain of command have caused at least one catastrophe. Remember the four Americans hung from a bridge? They were security contractors from Blackwater USA who blundered into Falluja — bypassing a Marine checkpoint — while the Marines were trying to pursue a methodical strategy of pacifying the city. The killing of the four, and the knee-jerk reaction of the White House — which ordered an all-out assault, then called it off as casualties mounted — may have ended the last chance of containing the insurgency.

Yet Blackwater, whose chief executive is a major contributor to the Republican Party, continues to thrive. The Department of Homeland Security sent heavily armed Blackwater employees into New Orleans immediately after Katrina.

To whom are such contractors accountable? Last week a judge threw out a jury’s $10 million verdict against Custer Battles, a private contractor that was hired, among other things, to provide security at Baghdad’s airport. Custer Battles has become a symbol of the mix of cronyism, corruption and sheer amateurishness that doomed the Iraq adventure — and the judge didn’t challenge the jury’s finding that the company engaged in blatant fraud.

But he ruled that the civil fraud suit against the company lacked a legal basis, because as far as he could tell, the Coalition Provisional Authority, which ran Iraq’s government from April 2003 to June 2004, wasn’t “an instrumentality of the U.S. government.” It wasn’t created by an act of Congress; it wasn’t a branch of the State Department or any other established agency.

So what was it? Any premodern monarch would have recognized the arrangement: in effect, the authority was a personal fief run by a viceroy answering only to the ruler. And since the fief operated outside all the usual rules of government, the viceroy was free to hire a staff of political loyalists lacking any relevant qualifications for their jobs, and to hand out duffel bags filled with $100 bills to contractors with the right connections.

Tax farmers, mercenaries and viceroys: why does the Bush administration want to run a modern superpower as if it were a 16th-century monarchy? Maybe people who’ve spent their political careers denouncing government as the root of all evil can’t grasp the idea of governing well. Or maybe it’s cynical politics: privatization provides both an opportunity to evade accountability and a vast source of patronage.

But the price is enormous. This administration has thrown away centuries of lessons about how to make government work. No wonder it has failed at everything except fearmongering.

Friday, August 18, 2006

Wanna get scared...really scared?


Just Google: "Iran, War, Plans, 2006"

A Self-Defeating War


By George Soros
The Wall Street Journal
Tuesday 15 August 2006

The war on terror is a false metaphor that has led to counterproductive and self-defeating policies. Five years after 9/11, a misleading figure of speech applied literally has unleashed a real war fought on several fronts - Iraq, Gaza, Lebanon, Afghanistan, Somalia - a war that has killed thousands of innocent civilians and enraged millions around the world. Yet al Qaeda has not been subdued; a plot that could have claimed more victims than 9/11 has just been foiled by the vigilance of British intelligence.

Unfortunately, the "war on terror" metaphor was uncritically accepted by the American public as the obvious response to 9/11. It is now widely admitted that the invasion of Iraq was a blunder. But the war on terror remains the frame into which American policy has to fit. Most Democratic politicians subscribe to it for fear of being tagged as weak on defense.

What makes the war on terror self-defeating?

* First, war by its very nature creates innocent victims. A war waged against terrorists is even more likely to claim innocent victims because terrorists tend to keep their whereabouts hidden. The deaths, injuries and humiliation of civilians generate rage and resentment among their families and communities that in turn serves to build support for terrorists.

* Second, terrorism is an abstraction. It lumps together all political movements that use terrorist tactics. Al Qaeda, Hamas, Hezbollah, the Sunni insurrection and the Mahdi army in Iraq are very different forces, but President Bush's global war on terror prevents us from differentiating between them and dealing with them accordingly. It inhibits much-needed negotiations with Iran and Syria because they are states that support terrorist groups.

* Third, the war on terror emphasizes military action while most territorial conflicts require political solutions. And, as the British have shown, al Qaeda is best dealt with by good intelligence. The war on terror increases the terrorist threat and makes the task of the intelligence agencies more difficult. Osama bin Laden and Ayman al-Zawahiri are still at large; we need to focus on finding them, and preventing attacks like the one foiled in England.

* Fourth, the war on terror drives a wedge between "us" and "them." We are innocent victims. They are perpetrators. But we fail to notice that we also become perpetrators in the process; the rest of the world, however, does notice. That is how such a wide gap has arisen between America and much of the world.

Taken together, these four factors ensure that the war on terror cannot be won. An endless war waged against an unseen enemy is doing great damage to our power and prestige abroad and to our open society at home. It has led to a dangerous extension of executive powers; it has tarnished our adherence to universal human rights; it has inhibited the critical process that is at the heart of an open society; and it has cost a lot of money. Most importantly, it has diverted attention from other urgent tasks that require American leadership, such as finishing the job we so correctly began in Afghanistan, addressing the looming global energy crisis, and dealing with nuclear proliferation.

With American influence at low ebb, the world is in danger of sliding into a vicious circle of escalating violence. We can escape it only if we Americans repudiate the war on terror as a false metaphor. If we persevere on the wrong course, the situation will continue to deteriorate. It is not our will that is being tested, but our understanding of reality. It is painful to admit that our current predicaments are brought about by our own misconceptions. However, not admitting it is bound to prove even more painful in the long run. The strength of an open society lies in its ability to recognize and correct its mistakes. This is the test that confronts us.

Judge Rules Against Wiretaps


NSA Program Called Unconstitutional
By Dan Eggen and Dafna Linzer
Washington Post Staff Writers
Friday, August 18, 2006; Page A01

A federal judge in Detroit ruled yesterday that the National Security Agency's warrantless surveillance program is unconstitutional, delivering the first decision that the Bush administration's effort to monitor communications without court oversight runs afoul of the Bill of Rights and federal law.

U.S. District Judge Anna Diggs Taylor ordered a halt to the wiretap program, secretly authorized by President Bush in 2001, but both sides in the lawsuit agreed to delay that action until a Sept. 7 hearing. Legal scholars said Taylor's decision is likely to receive heavy scrutiny from the U.S. Court of Appeals for the 6th Circuit when the Justice Department appeals, and some criticized her ruling as poorly reasoned.

Ruling in a lawsuit brought by the American Civil Liberties Union and other advocacy groups in the Eastern District of Michigan, Taylor said that the NSA wiretapping program, aimed at communications by potential terrorists, violates privacy and free speech rights and the constitutional separation of powers among the three branches of government. She also found that the wiretaps violate the Foreign Intelligence Surveillance Act, the 1978 law instituted to provide judicial oversight of clandestine surveillance within the United States.

"It was never the intent of the framers to give the president such unfettered control, particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights," Taylor wrote in her 43-page opinion. ". . . There are no hereditary Kings in America and no powers not created by the Constitution. So all 'inherent powers' must derive from that Constitution."

The ruling is the latest courtroom setback for the Bush administration's controversial anti-terrorism and detention policies, which have frequently relied on broad assertions of presidential power. In a landmark case in June, the Supreme Court rejected Bush's claims of executive power, ruling 5 to 3 that special military trials for terrorism suspects were not authorized under federal law and ran afoul of the Geneva Conventions.

The decision could complicate efforts by the White House and Sen. Arlen Specter (R-Pa.) to win approval for a bill that would allow, but not require, Bush to submit the NSA program to a secret court for legal review.

The eavesdropping program, revealed in news reports in December 2005, allows the NSA to intercept telephone calls and e-mails between the United States and overseas without court approval in cases in which the government suspects one party of having links to terrorism.

The NSA declined to discuss Taylor's ruling or whether it had suspended any surveillance activities. The office of John D. Negroponte, the director of national intelligence, also declined to comment.

Several dozen lawsuits have been filed around the country challenging the program's legality, but yesterday's ruling marked the first time that a judge had ruled it unconstitutional. Experts in national security law argued, however, that Taylor offered meager support for her findings on separation of powers and other key issues.

"Regardless of what your position is on the merits of the issue, there's no question that it's a poorly reasoned decision," said Bobby Chesney, a national security law specialist at Wake Forest University who takes a moderate stance on the legal debate over the NSA program. "The opinion kind of reads like an outline of possible grounds to strike down the program, without analysis to fill it in."

White House press secretary Tony Snow said the Bush administration "couldn't disagree more with this ruling," calling it "carefully administered."

Congressional Republicans quickly condemned Taylor's ruling, and the Republican National Committee issued a news release titled, "Liberal Judge Backs Dem Agenda To Weaken National Security." Taylor, 73, was appointed to the bench in 1979 by President Jimmy Carter.

Some Republicans sought to tie the ruling to last week's arrests in Britain and Pakistan of alleged conspirators in a plot to blow up airliners bound from London to the United States. The administration has not offered evidence that the NSA spying program played a role in the case. Sen. Mike DeWine (R-Ohio) said that halting the program "would hamper our ability to foil terrorist plots."

Senate Minority Leader Harry M. Reid (Nev.) and other leading Democrats hailed the ruling as a welcome check on the Bush administration. The decision shows that "no one is above the law," Sen. John F. Kerry (D-Mass.) said.

ACLU Executive Director Anthony D. Romero called the decision "another nail in the coffin" of the Bush administration's anti-terrorism strategies. "The judge very clearly points out that this, at its core, is about presidential powers," he said.

The Justice Department argued that the NSA program is well within Bush's authority as president, but that proving it would require revealing state secrets. Taylor agreed with the ACLU and other plaintiffs that many details about the program had already been publicly acknowledged by numerous government officials, including Bush.

Taylor rejected one part of the ACLU's lawsuit seeking information about data mining -- the process of searching computer databases for information on individuals -- agreeing with the government that it would be impossible to allow that part of the case to go forward without divulging vital state secrets.

The ruling was hailed by lawyers involved in related, though legally separate, lawsuits elsewhere in the country. "We now have a ruling on the books that upholds what we've been saying all along: that this wiretapping program violates the Constitution," said Kevin Bankston, staff attorney for the Electronic Frontier Foundation in San Francisco, which has filed a class-action case against AT&T. The suit alleges that the telecommunications company collaborated with the NSA in its surveillance program.

Note: The Findlaw website provides the full-text version of the decision.

U.S. Attorney General Alberto Gonzales responds to a federal judge's ruling that the NSA wiretapping program is unconstitutional.

Thursday, August 17, 2006

Exceptionally prescient WOT/Iraq analysis by former VP Gore.


Al Gore - September 23, 2002
Transcript of Al Gore's speech at the Commonwealth Club - Sept 23, 2002
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Listen to Al Gore's speech in full, in Real Audio format.

IRAQ AND THE WAR ON TERRORISM

Al Gore
Former U.S. Vice President

"Thank you very much. I certainly appreciate the warmth of your welcome and I want to thank Gloria Duffy for that generous - and I hasten to add, over-generous - introduction. Tipper and I both enjoyed listening to that. To George Dobbins, the program director, and Connie Shapiro, our moderator. Also, I want to thank Mayor Willie Brown for his help in helping to establish this on relatively short notice. I appreciate his friendship.

Thanks for your kind words on my service as vice president. I felt it was a tremendous honor. I enjoyed the job. I have to tell you that I did some research about the vice presidency and found that quite a number of my predecessors did not really fully appreciate the job. Some of them resigned. Just to give one example before I get into my speech here. John C. Calhoun actually resigned the vice presidency in 1825 to become a senator from South Carolina. And as many of you know, he subsequently lost that seat to Strom Thurmond, who's still there.

I want to talk about the relationship between America's war against terrorism and America's proposed war against Iraq. Like most Americans I've been wrestling with the question of what our country needs to do to defend itself from the kind of focused, intense and evil attack that we suffered a year ago, September 11. We ought to assume that the forces responsible for that attack are even now attempting to plan another attack against us.

I'm speaking today in an effort to recommend a specific course of action for our country, which I sincerely believe would be better for our country than the policy that is now being pursued by President Bush. Specifically, I am deeply concerned that the course of action that we are presently embarking upon with respect to Iraq has the potential to seriously damage our ability to win the war against terrorism and to weaken our ability to lead the world in this new century.

The Course of Action: The War on Terrorism, First

To begin with - to put first things first - I believe we should focus our efforts first and foremost against those who attacked us on September 11th and who have thus far gotten away with it. The vast majority of those who sponsored, planned and implemented the cold-blooded murder of more than 3,000 Americans are still at large, still neither located nor apprehended, much less punished and neutralized. I do not believe that we should allow ourselves to be distracted from this urgent task simply because it is proving to be more difficult and lengthy than was predicted. Great nations persevere and then prevail. They do not jump from one unfinished task to another. We should remain focused on the war against terrorism.

I believe that we are perfectly capable of staying the course in our war against Osama Bin Laden and his terrorist network, while simultaneously taking those steps necessary to build an international coalition to join us in taking on Saddam Hussein in a timely fashion. If you're going after Jesse James, you ought to organize the posse first. Especially if you're in the middle of a gunfight with somebody who's out after you.

I don't think we should allow anything to diminish our focus on the necessity for avenging the 3,000 Americans who were murdered and dismantling the network of terrorists that we know were responsible for it. The fact that we don't know where they are should not cause us to focus instead on some other enemy whose location may be easier to identify. We have other enemies, but we should focus first and foremost as our top priority on winning the war against terrorism.

Nevertheless, President Bush is telling us that America's most urgent requirement of the moment - right now - is not to redouble our efforts against Al Qaeda, not to stabilize the nation of Afghanistan after driving its host government from power, even as Al Qaeda members slip back across the border to set up in Afghanistan again; rather, he is telling us that our most urgent task right now is to shift our focus and concentrate on immediately launching a new war against Saddam Hussein. And the president is proclaiming a new, uniquely American right to preemptively attack whomsoever he may deem represents a potential future threat.

Moreover, President Bush is demanding in this high political season that Congress speedily affirm that he has the necessary authority to proceed immediately against Iraq and, for that matter, under the language of his resolution, against any other nation in the region, regardless of subsequent developments or emerging circumstances. Now, the timing of this sudden burst of urgency to immediately take up this new cause as America's new top priority, displacing our former top priority, the war against Osama Bin Laden, was explained innocently by the White House chief of staff in his now well-known statement that "From a marketing point of view, you don't introduce new products in August."

Nevertheless, all Americans should acknowledge that Iraq does indeed pose a serious threat to the stability of the Persian Gulf region, and we should be about the business of organizing an international coalition to eliminate his access to weapons of mass destruction. Iraq's search for weapons of mass destruction has proven impossible to completely deter, and we should assume that it will continue for as long as Saddam is in power. Now, let's be clear, there's no international law that can prevent the United States from taking action to protect our vital interests when it is manifestly clear that there is a choice to be made between law and our survival. Indeed, international law itself recognizes that such choices stay within the purview of all nations. I believe, however, that such a choice is not presented in the case of Iraq. Indeed, should we decide to proceed, our action can be justified within the framework of international law rather than requiring us to go outside the framework of international law. In fact, even though a new United Nations resolution might be helpful in the effort to forge an international consensus, I think it's abundantly clear that the existing U.N. resolutions passed 11 years ago are completely sufficient from a legal standpoint so long as it is clear that Saddam Hussein is in breach of the agreements made at the conclusion of the Persian Gulf War.

Dangers of Abandoning Iraq

Now one of the central points I want to make here today is that we have an obligation to look at the relationship between our war against terrorism and this proposed war against Iraq. We have a goal of regime change in Iraq, we have had for a number of years. We also have a clear goal of victory in the war against terror. In the case of Iraq, it would be difficult to go it alone, but it's theoretically possible to achieve our goals in Iraq unilaterally. Nevertheless, by contrast, the war against terrorism manifestly requires a multilateral approach. It is impossible to succeed against terrorism unless we have secured the continuing, sustained cooperation of many nations. And here's one of my central points; our ability to secure that kind of multilateral cooperation in the war against terrorism can be severely damaged in the way we go about undertaking unilateral action against Iraq. If the administration has reason to believe otherwise, it ought to share those reasons with the Congress, since it is asking Congress to endorse action that might well impair a much more urgent task - that is, continuing to disrupt and destroy the international terror network.

Back in 1991, I was one of a handful of Democrats in the United States Senate to vote in favor of the resolution endorsing the Persian Gulf War. And I felt betrayed by the first Bush administration's hasty departure from the battlefield, even as Saddam began to renew his persecution of the Kurds in the North and the Shiites in the south - groups that we had after all encouraged to rise up against Saddam. But look at the differences between the resolution that was voted on in 1991 and the one this administration is proposing that the Congress vote on in 2002. The circumstances are really completely different. To review a few of them briefly: in 1991, Iraq had crossed an international border, invaded a neighboring sovereign nation and annexed its territory. Now by contrast in 2002, there has been no such invasion. We are proposing to cross an international border and, however justified it may be, we have to recognize that the difference in the circumstances now compared to what existed in 1991 has profound implications for the way the rest of the world views what we are doing. And that in turn will have implications for our ability to succeed in our war against terrorism.

What makes Saddam dangerous is his effort to acquire weapons of mass destruction. What makes terrorists so much more dangerous than they have ever been is the prospect that they may get access to weapons of mass destruction. There isn't just one country that is attempting to get access, nor is there just one terrorist group. We have to recognize that this is a whole new era and the advances in the technology of destruction require us to think anew. As Abraham Lincoln famously said, "As our case is new, so we must think anew and act anew. We must disenthrall ourselves, and then we shall save our country." Another difference; in 1991 there was a resolution that had been passed by the United Nations. This time - although I don't think we need one if he's in breach as he is - we nevertheless went to the United Nations to ask for one and thus far we have not been successful in getting it.

Next, in 1991, the first President Bush patiently and skillfully put together a broad international coalition. His task was easier than the one that confronts this President Bush, in part because Saddam had invaded another country. For whatever reason, every Arab nation, except Jordan - of course Jordan was in Iraq's shadow next door - but every other Arab nation supported our military efforts, was a part of the international coalition, and some of them supplied troops. Our allies in Asia and Europe supported the coalition without exception. This year by contrast, many of our allies in Europe and Asia are thus far openly opposed to what President Bush is doing, and the few who do support us have conditioned their support - most of them - on the passage of a new U.N. resolution.

Fourth, the coalition assembled in 1991 paid all of the significant costs of the war, while this time, the American taxpayers will be asked to shoulder hundreds of billions of dollars in costs on our own.

Fifth, back in 1991, President George H. W. Bush purposely waited until after the mid-term elections of 1990 in order to push for a vote at the beginning of the new Congress in January of 1991. President George W. Bush, by contrast, is pushing for a vote in this Congress immediately before the election. That in itself is not inherently wrong, but I believe that puts a burden on the shoulders of President Bush to dispel the doubts many have expressed about the role that politics might be playing in the calculations of some in the administration. I have not raised those doubts, but many have. And because they have been raised, this has become a problem for our country's effort to build a national consensus and an international coalition. Already, just to cite one example, the German-American relationship has faced a dire crisis because of the reprehensible comments of a minister in that government about President Bush's alleged motivations as she saw it. Now, they've apologized and perhaps we can move on past that, but look at the entire German election campaign. It revealed a profound and troubling change in the attitude of the German electorate toward the United States. We see our most loyal ally, Tony Blair, who I think is a fantastic leader, getting in what they describe is serious trouble with the British electorate because of similar doubts that have been raised.

Rather than making efforts to dispel these concerns at home and abroad about the role of politics in the timing of his policy, the president is on the campaign trail two and three days a week, often publicly taunting Democrats with the political consequences of a "no" vote. The Republican National Committee is running pre-packaged advertising based on the same theme - all of this apparently in keeping with a political strategy clearly described in a White House aide's misplaced computer disk, which advised Republican operatives that their principal game plan for success in the election a few weeks away was to "focus on the war." Vice President Cheney, meanwhile, has indignantly described suggestions of any such thing as reprehensible, and then the following week took his discussion of the war to the Rush Limbaugh show.

What Congress Should Do

I believe this proposed foreshortening of deliberation in the Congress robs the country of the time it needs for careful analysis of exactly what may lie before us. Such consideration is all the more important because the administration has failed thus far to lay out an assessment of how it thinks the course of a war will run - even while it has given free run to persons both within and close to the administration to suggest at every opportunity that this will be a pretty easy matter. And it may well be, but the administration has not said much of anything to clarify its idea of what would follow regime change or the degree of engagement that it is prepared to accept for the United States in Iraq in the months and years after a regime change has taken place.

I believe that this is unfortunate, because in the immediate aftermath of September 11, more than a year ago, we had an enormous reservoir of goodwill and sympathy and shared resolve all over the world. That has been squandered in a year's time and replaced with great anxiety all around the world, not primarily about what the terrorist networks are going to do, but about what we're going to do. My point is not that they are right to feel that way, but that they do feel that way. And that has consequences for us. Squandering all that goodwill and replacing it with anxiety in a year's time is similar to what was done by turning a hundred-billion-dollar surplus into a two-hundred-billion-dollar deficit in a year's time.

Now we have seen the assertion of a brand new doctrine called "preemption," based on the idea that in the era of proliferating weapons of mass destruction, and against the background of a sophisticated terrorist threat, the United States cannot wait for proof of a fully established mortal threat, but should rather act at any point to cut that short. The problem with preemption is that in the first instance it is not needed in order to give the United States the means to act in our own defense, either against terrorism in general or against Iraq in particular. But that is a relatively minor issue compared to the longer-term consequences that I think can be foreseen for this doctrine. To begin with, the doctrine is presented in open-ended terms, which means that if Iraq is the first point of application, it is not necessarily the last. In fact, the very logic of the concept suggests a string of military engagements against a succession of sovereign states: Syria, Libya, North Korea, Iran - none of them very popular in the United States, of course - but the implication is that wherever the combination exists of an interest in weapons of mass destruction together with an ongoing role as host to or participant in terrorist operations, the doctrine will apply. It also means that if the Congress approves the Iraq resolution just proposed by the administration, it would be simultaneously creating the precedent for preemptive action anywhere, anytime this or any future president as a single individual, albeit head of state, decides that it is time.

Vice President Cheney said after the war against terrorism began, "This war may last for the rest of our lives." I kind of think I know what he meant by that, but the apprehensions in the world that I spoke of earlier are not calmed down any by this doctrine of preemption that they are now asserting. By now the Bush Administration may now be beginning realizing that national and international cohesion are indeed strategic assets. But it is a lesson long delayed and clearly not uniformly and consistently accepted by senior members of the cabinet. From the outset, the administration has operated in a manner calculated to please the portion of its base that occupies the far right, at the expense of solidarity among all of us as Americans and solidarity between our country and our allies.

On the domestic front, the administration, having delayed for many months before conceding the need to pass Joe Lieberman's bill and create an institution outside the White House to manage homeland defense, has actually been willing to see this legislation held up for the sake of an effort to coerce the Congress into stripping civil service protections from tens of thousands of federal employees. Now which is more important: passing the Homeland Security Act, or satisfying a relatively small yet powerful member of the right-wing coalition that has as its number-one priority dismantling labor unions? If that's the most important priority in that legislation, that explains why they're refusing to let the bipartisan consensus in favor of it go forward.

Far more damaging is the administration's attack on fundamental constitutional rights that we ought to have and do have as American citizens. The very idea that an American citizen can be imprisoned without recourse to judicial process or remedies, and that this can be done on the sole say-so of the president of the United States or those acting in his name, is beyond the pale and un-American and it ought to be stopped.

Regarding other countries, the administration's disdain for the views of others is well documented and need not be reviewed here. It is more important to note the consequences of an emerging national strategy that not only celebrates American strengths, but actually appears to glorify the notion of dominance; the word itself has been used in the councils of the administration. If what America represents to the world is leadership in a commonwealth of equals, then our friends are legion. If what we represent to the world is empire, then it is our enemies who will be legion.

At this fateful juncture in our history it is vital that we see clearly who are our enemies, and that we intend deal with them. It is also important, however, that in the process we preserve not only ourselves as individuals, but our nature as a people dedicated to the rule of law.

Dangers of Abandoning Iraq

Here's another of the main points I want to make. If we quickly succeed in a war against the weakened and depleted fourth-rate military of Iraq and then quickly abandon that nation, as President Bush has quickly abandoned almost all of Afghanistan after quickly defeating a fifth-rate military power there, then the resulting chaos in the aftermath of a military victory in Iraq could easily pose a far greater danger to the United States than we presently face from Saddam. Here's why I say that; we know that he has stored away secret supplies of biological weapons and chemical weapons throughout his country. As yet, we have no evidence, however, that he has shared any of those weapons with terrorist groups. If the administration has evidence that he has, please present it, because that would change the way we all look at this thing. But if Iraq came to resemble Afghanistan, in its current depleted state, with no central authority - well, they have a central authority, but their central authority, because the administration's insistence that the international community not be allowed to assemble a peace keeping force large enough to pacify the countryside, that new government in Afghanistan controls a few precincts in one city and the warlords or drug lords control the whole rest of the countryside. What if in the aftermath of a war against Iraq, we face a situation like that because we washed our hands of it? What would then happen to all of those stored reserves of biological weapons all around the country? What if the Al Qaeda members infiltrated across the borders of Iraq the way they are in Afghanistan? Then the question wouldn't be, Is Saddam Hussein going to share these weapons with the terrorist group? The terrorist groups would have an enhanced ability to just walk in there and get them.

I just think that if we end the war in Iraq the way we ended the war in Afghanistan, we could very well be worse off than we are today. When you ask the administration about this, what's their intention in the aftermath of a war, Secretary Rumsfeld was asked recently about what our responsibility would be for re-stabilizing Iraq in the aftermath of an invasion, and his answer was, "That's for the Iraqis to come together and decide." On the surface you can understand the logic behind that, and this is not an afterthought. This is based on administration policy. I vividly remember that during one of the campaign debates in 2000, Jim Lehrer asked then-Governor Bush whether or not America, after being involved with military action, should engage in any form of nation building. The answer was, "I don't think so. I think what we need to do is convince people who live in the lands they live in to build the nations. Maybe I'm missing something here. We're going to have kind of a nation-building corps in America? Absolutely not." My point is, this is a Bush doctrine. This is administration policy. Given that it is administration policy, we have to take that into account as a nation in looking at the likely consequences of an overwhelming American military victory against the government of Iraq. If we go in there and dismantle them - and they deserve to be dismantled - but then we wash our hands of it and walk away and leave it in a situation of chaos, and say, "That's for y'all to decide how to put things back together now," that hurts us.

Here we are in the city where the United Nations was established. Even before the U.N. was established, you look back over the last 85 to 100 years, there is lots and lots of evidence about why it's almost as important to win the peace following a war as it is to win the war itself. A couple of examples: The absence of any enlightened nation building after World War I led directly to the conditions which made Germany vulnerable to fascism and the rise of Adolph Hitler and made all of Europe vulnerable to his evil designs. By contrast, when the world's leaders met here in San Francisco after WWII, there was an enlightened vision embodied in the Marshall Plan, the U.N., NATO, and all of the other nation-building efforts after World War II, and that in turn led directly to the conditions that fostered prosperity and American leadership throughout the world.

Preemption Doctrine

Two decades ago, the Soviet Union claimed the right to launch a preemptive war in Afghanistan, we properly encouraged and then supported the resistance movement, which a decade later succeeded in defeating the Soviet army's efforts. Unfortunately, however, when the Russians left, we abandoned the Afghans, and the lack of any coherent nation-building program led directly to the conditions which allowed the Taliban to take control and to bring in Al Qaeda and give them a home and a base for their worldwide terrorist operations. That's where they planned the attack on us a year ago September 11. Incredibly, in spite of that vivid lesson, after defeating the Taliban rather easily, and despite pledges from President Bush that we would never again abandon Afghanistan, we have done precisely that. And now the Taliban and Al Qaeda are quickly moving back in. A mere two years later after we abandoned Afghanistan the first time, Saddam Hussein launched his invasion of Kuwait. And our decision following a brilliant military campaign to abandon the effort prematurely to destroy Saddam's military allowed him to remain in power. This needs to be debated and discussed by the Congress. What this tells me is the Congress should require, as part of any resolution that it considers, some explicit guarantees on whether we're proposing to simply abandon the Iraqi people in the aftermath of a military victory there or whether or not we're going to demand as a nation that this doctrine of "wash your hands and walk away" be changed so that we can engage in some nation building again, and build the kind of peace for the future that our people have a right expect.

Specifically, the Congress should establish why the president believes that unilateral action would not severely damage the fight against terrorist networks. The resolution that the president has asked Congress to pass is much too broad in the authority it grants and needs to be narrowed severely. The president should be authorized to take action to deal with Saddam Hussein as being in material breach of the terms of the truce and, therefore, a continuing threat to the security of the region. To this should be added that his continued pursuit of weapons of mass destruction is potentially a threat to the vital interests of the United States. But Congress should also urge the president to make every effort to obtain a fresh demand from the Security Council for prompt, unconditional compliance by Iraq within a definite period of time. If the Council will not provide such language, then other choices remain open. In any event, the president should be urged to take the time to assemble the broadest possible international support for his course of action. Anticipating that the president will probably still move toward unilateral action, the Congress should establish now what the administration's thinking is regarding the aftermath of a U.S. attack for the purpose of regime change. I believe that the congressional resolution should also make explicitly clear that authorities for taking these actions are to be presented as derivatives from existing Security Council resolutions and from international law, not requiring any formal new doctrine of preemption, which remains to be discussed subsequently in view of its great gravity.

One final word on this proposed doctrine of preemption; this goes far beyond the situation in Iraq. It would affect the basic relationship between the United States and the rest of the world community. Article 51 of the United Nations charter approved here recognizes the right of any nation to defend itself, including the right to take preemptive actions in order to deal with imminent threats. President Bush now asserts that we will take preemptive action even if the threat we perceive is not imminent. If other nations assert that same right, then the rule of law will quickly be replaced by the reign of fear. Any nation that perceives circumstances that could eventually lead to an imminent threat would be justified under this approach in taking military action against another nation. In other words, President Bush is presenting our country with a proposition that contains within itself one of the most fateful decisions in our history; a decision to abandon what we have thought was America's mission in the world - a world in which nations are guided by a common ethic codified in the form of international law, if we want to survive.

America's Mission in the World

We have faced such a choice before at the end of the Second World War; America's power in comparison to the rest of the world was if anything greater than it is now. The temptation was to use that power to assure ourselves that there would be no competitor and no threat to our security for the foreseeable future. The choice we made however was to become a co-founder of what we now think of as the post-war era, an era that began in San Francisco, an era based on the concepts of collective security and defense, manifested first of all in the United Nations. Through all the dangerous years that followed, when we understood that the defense of freedom required the readiness to put the existence of the nation itself into the balance, we've never abandoned our belief that what we were struggling to achieve was not bounded by our physical security, but extended to the unmet hopes of humankind.

The issue before us is whether we now face circumstances so dire and so novel that we must choose one objective over another. It is reasonable to conclude that we face a very serious problem in Iraq. But is a general doctrine of preemption based on a theory that would overturn the international law and the structure that has existed since our victory in WWII? Is that necessary? No. I believe not. Does Saddam Hussein present an imminent threat to the United States? And if he did, would the United States be free to act without international permission? If he presents an imminent threat we would be free to act under generally accepted understandings of Article 51 of the U.N. Charter, which reserves to states the right to act in self-defense. If he does not present an imminent threat, then is it justifiable for the administration to be seeking by every means to precipitate an immediate confrontation, to find a cause for war and to launch an attack? There is a case to be made that further delay only works to Saddam Hussein's advantage, and the clock should be seen to have been running on the issue of compliance for a decade, therefore not needing to be reset again to the starting point. But to the extent that we have any concern about international support, whether for its political or material value or for its necessity in winning the war against terrorism, hurrying the process could be costly. Even those who now agree that Saddam Hussein must go may divide deeply over the wisdom of presenting the United States as impatient for war.

I believe that we can effectively defend ourselves abroad and at home without dimming our core principles. Indeed, I believe that our success in defending ourselves depends precisely on not giving up what we stand for. We should have as our top priority preserving what America represents and stands for in the world and winning the war against terrorism first.

Fake News On TV


FCC Cracks Down on "Fake News"
The Associated Press
Tuesday 15 August 2006

Owners of 77 TV stations queried on paid video stories.

Washington - The Federal Communications Commission has mailed letters to the owners of 77 television stations inquiring about their use of video news releases, a type of programming critics refer to as "fake news."

Video news releases are packaged news stories that usually employ actors to portray reporters who are paid by commercial or government groups.

The letters were sparked by allegations that television stations have been airing the videos as part of their news programs without telling viewers who paid for them.

FCC Commissioner Jonathan Adelstein said Tuesday the letters ask station managers for information regarding agreements between the stations and the creators of the news releases. The FCC also asked whether there was any "consideration" given to the stations in return for airing the material.

"You can't tell any more the difference between what's propaganda and what's news," Adelstein said.

The probe was sparked by a study of newsroom use of material provided by public relations firms. The study, entitled "Fake TV News: Widespread and Undisclosed," was compiled by the Center for Media and Democracy, a Wisconsin-based nonprofit organization that monitors the public relations industry.

When stations air video news releases, they are required to disclose to viewers "the nature, source and sponsorship of the material that they are viewing," according to the FCC.

The rules were prompted by payola scandals of the past, in which broadcasters accepted money from companies to hype their products without labeling the effort as advertising.

Diane Farsetta, senior researcher with the Center for Media and Democracy and co-author of the study, said that did not appear to be the case in the study but that "the main reason is economy. These are free stories that are given to stations that are continually under-resourced."

Farsetta said despite the publicity, stations are continuing to air releases without disclosure.

Stations that received the letters have been given 60 days to respond. If the FCC decides they have violated the rules, punishment could include fines or license revocation.

Olbermann's Countdown Terror Nexus Video from MSNBC

George Bush and the Politics of Terror


By Larry Johnson
Wed Aug 16th, 2006 at 04:41:58 PM EDT :: Bush

As George Bush said, "Fool me once, shame on me. Fool me --- you can't get fooled again." Or, how about the old saying, "if it walks like a duck, talks like a duck, it's a duck." Why the snark? Just watch the Keith Olbermann's brilliant presentation - which shows conclusive, indisputable evidence that George Bush and his minions have used bogus terrorist threats to distract public attention from embarrassing political news - and you too will become a member of the reality-based community (thanks to John Amato at Crooks and Liars for posting this up).

Ten. Count em. Ten separate incidents where the Bush administration issued public warnings of imminent attacks that subsequently turned out to be non-existent or misleading. George Bush is the boy who cried Wolf, Wolf, Wolf, Wolf, Wolf ... and no end is in sight.

Olbermann deserves an Emmy and a Pulitzer for this report. He's done a public service. He has blazed a trail the rest of the media, print and electronic, ought to follow. Just as Edward R. Murrow confronted the red-baiter Senator McCarthy, Olbermann has performed a similar service to America by standing up to the fearmongering of Bush. Please ensure your friends and relatives see this piece.

Wednesday, August 16, 2006

Big Talk, Little Will


by Thomas L. Friedman, Commentary, NY Times:

...but whatever you think of the Democrats, the important point is this: They are not the party in power today.

What should really worry the country is not whether the Democrats are being dragged to the left by antiwar activists... What should worry the country is that the Bush team and the Republican Party, which control all the levers of power..., are in total denial about where their strategy has led.

Besides a few mavericks..., how many Republicans have stood up and questioned the decision-making that has turned the Iraq war into a fiasco ... instead of just mindlessly applauding the administration[?]... Not only is there no honest self-criticism among Republicans, but — and this is truly contemptible — you have Dick Cheney & Friends focusing their public remarks on why Mr. Lamont’s defeat of Mr. Lieberman only proves that Democrats do not understand that we are in a titanic struggle with “Islamic fascists” and are therefore unfit to lead.

Oh, really? Well, I just have one question for Mr. Cheney: If we’re in such a titanic struggle with radical Islam, and if getting Iraq right is at the center of that struggle, why did you “tough guys” fight the Iraq war with the Rumsfeld Doctrine — just enough troops to lose — and not the Powell Doctrine of overwhelming force to create the necessary foundation of any democracy-building project, which is security? ...

Mr. Cheney, if we’re in a titanic struggle with Islamic fascists, why do you constantly use the “war on terrorism” as a wedge issue in domestic politics to frighten voters away from Democrats. How are we going to sustain such a large, long-term struggle if we are a divided country?

Please, Mr. Cheney, spare us your flag-waving rhetoric about the titanic struggle we are in and how Democrats just don’t understand it. It is just so phony — such a patent ploy to divert Americans from the fact that you have never risen to the challenge of this war. You will the ends, but you won’t will the means. What a fraud! ...

[W]e are on a losing trajectory in Iraq... Yes, the Democrats could help by presenting a serious alternative. But unless the party in power for the next two and half years shakes free of its denial, we are in really, really big trouble.