Archive for October 5th, 2006

Ethics Committee? We have an Ethics Committee??

Well, spank me! And tie me up too, silly me, for wanting to discuss something other than the lurid, and for siding with Feingold, who makes the cogent point that while we focus on who did what to whom and who knew what when, Iraq has gone up in flames [... and, she said stubbornly, that will be the first article posted.]

On the other hand, it’s not the sex that’s the issue … it’s the ethics, it’s the hypocrisy, it’s the dark, rotten underbelly of the machine — and, Lord Love a [Lame] Duck, it’s the FALLOUT. The ripples on this story are drowning out the Righty harangue on security, including a shrill Dubby accusing the Left of wimpiness in no uncertain terms, thus:

“‘It sounds like they think the best way to protect the American people is to wait until we’re attacked again. That’s not the way it’s going to be under my administration.’”

But nobody is listening … they’re thumbing through their Inquirer searching for the salacious. So … embracing the underbelly, we go once more into the breach!

Today we hear that a bipartisan ethics committee will examine the Foley case … and you, as do I, might wonder where we’ll find congressional members both ethical enough, or bipartisan enough, to do the job — fox, hen house, pffft! Congress is a wash, boys and girls … nothing there is real; and nothing that comes of this can be other than surrealistic Kabuki Theatre.

Mr. Foley, meanwhile, is holed up in a Scientologist-run rehab [guess he doesn't trust the Catholics anymore] and any number of folk that know him are saying the whole issue is a handy ploy … comedian Wanda Sikes says that he’s giving alcohol a bad name.

What we’ve got here is a detail-by-detail [notice I didn't say blow-by-blow] look at sex/money/power … we’ve been here before — but this time it’s pointed at the holier-than-thou’s; let he who is without sin, yadda – they should read their own Book. There are a couple of articles on Gingrich, below, who should have kept his mouth shut. Well, they ALL should have kept their mouths shut. Too late now.

This has turned into a referendum on “gaydom” — as a blogger pointed out, we wouldn’t be hearing the word disgusting so often if it had a been the average old lecher lusting after young girls. David Corn blogged that he has “the list” of gays in power on the Hill, although he’s not sharing — but just knowing somebody mentioned it has closet’s springing open all over D.C. and lawyers being hired by the wary.

Dennis Hastart says he’s not going to step down — he’s the DeLay clone in charge … but even #3 clone, [my own states] Roy Blunt, is distancing from him while supporting. We’ll see how long Denny can hang on. The rotten innards of his party are oozing out for public scrutiny and the Pub’s know that if they break ranks, it’ll all come tumbling down — which is not to say the Dem’s are squeaky clean; they just have enough smarts not to call themselves Saints while playing a Sinners game.

I suppose this won’t be the last post on muck … but I’m softening the blow [pun/no pun ... can't help it] by giving you the Jon Stewart take, first [after Russ] — have a laugh at the absurdity of the moment. It may not be the national conversation we want … but it’s the one working in our favor.

Jude

The Most Outrageous Scandal? Bush’s Iraq Policy
Sen. Russ Feingold
10.05.2006
http://www.huffingtonpost.com/sen-russ-feingold/the-most-outrageous-scand_b_31020.html

With so much attention focused on the Foley scandal, there’s another story that hasn’t received enough notice: escalating violence in Iraq has resulted in the reported deaths of 24 U.S. soldiers since Saturday, and the Pentagon just reported that IED attacks in Iraq are at an all-time high.

Serious questions have been raised about Congressman Foley’s outrageous conduct, and the actions of senior congressional leaders.

Those questions need answers, but we also need to be focused on the tragic situation in Iraq, and what a mess this Administration has gotten us into. This rise in casualties is a tragedy for the families of these brave soldiers, and it’s a reminder of the terrible price this country is paying because of the Administration’s failed Iraq policy.

We all saw the recently declassified key findings of the National Intelligence Estimate. One thing those findings underscored is that our continued and indefinite presence in Iraq is benefiting global terrorist networks that threaten our country. The war has been a disaster, but the Administration refuses to admit its mistake. It refuses to do what’s right for our national security. By “staying the course,” this Administration is ignoring the conditions on the ground in Iraq and the growing threats we face around the world.

The American people aren’t going along with the Administration’s head-in-the-sand approach. In Wisconsin, and everywhere I go around the country, people want to get our troops out of Iraq. But, despite how much the American people want all this to end, we are still there and soldiers are still dying. Here’s today’s Washington Post report on the violence:

BAGHDAD, Oct. 4 — Thirteen U.S. soldiers have been killed in Baghdad since Monday, the American military reported, registering the highest three-day death toll for U.S. forces in the capital since the start of the war.

The latest losses — four soldiers who were killed at 9 a.m. Wednesday by small-arms fire — are part of a recent spike in violent attacks against U.S. forces that have claimed the lives of at least 24 soldiers and Marines in Iraq since Saturday, the military said.

The number of planted bombs is “at an all-time high,” said Maj. Gen. William B. Caldwell, a military spokesman, defying American efforts to stanch the vicious sectarian bloodshed in Baghdad that threatens to plunge the country into civil war.

These are the kind of stories we have seen too many times before, about increasing violence against U.S. forces and a spike in violence in Baghdad. And during a week when there are other big stories to cover, it’s easy for those stories to be overlooked. But we shouldn’t treat the bad news from Iraq as just more of the same. The decision to go to war in Iraq was one of the worst mistakes in the history of our country, and the bad news from Iraq won’t go away until we change course.

We have to redeploy our troops from Iraq, and we have to hold this administration accountable for the tragic mistakes it has made. This Administration’s misuse of pre-war intelligence and false rationale for invading Iraq are widely known. Now, the same Administration that sent our brave troops to Iraq under false pretenses is refusing to change the course. It’s time to stop paying such a terrible price for this Administration’s mistakes. As the Foley scandal continues, more brave U.S. soldiers will lose their lives. No matter how bad that scandal gets, or how much any other story gets covered, we can’t lose sight of the most outrageous scandal of all - the Bush Administration’s disastrous Iraq policy. ++

Jon Stewart on Mark Foley and the GOP sex predator scandal
From Newt Gingrich to Tony Snow, no Republican mouthpiece escapes un-slapped

WorkingForChange
http://tinyurl.com/nzkoa

Gingrich: Dems’ Sex Scandals Are Worse
Gingrich says Democratic sex scandals have been worse than conduct of former Rep. Mark Foley
CBS, AP
10/05/06
http://tinyurl.com/q3hxh

GREENVILLE, S.C., Oct. 5, 2006 - Former House Speaker Newt Gingrich said Wednesday that Democratic sex scandals have been far worse than the suggestive Internet messages sent to teenage congressional pages by former Rep. Mark Foley.

Gingrich said Democrats have wanted to punish their offenders less than the GOP.

“What we don’t have to do is allow our friends on the left to lecture us on morality,” Gingrich said at a party fundraiser in Greenville. “There’s a certain stench of hypocrisy.”

Foley abruptly resigned Friday after being accused of sending salacious Internet messages to teenage boys who served as pages on Capitol Hill. The FBI and Florida law enforcement officials are investigating.

Gingrich would not say whether House Speaker Dennis Hastert should step down in the wake of the scandal. He also declined to discuss reports that Hastert may have known about Foley’s behavior for more than three years.

“I don’t know what he knew,” Gingrich said. ++

Sex scandals, blow jobs and the ’stench of hypocrisy’
DOUG THOMPSON
October 5, 2006
http://www.capitolhillblue.com/content/2006/10/sex_scandals_bl.html

Former Republican Speaker of the House Newt Gingrich, the shameless hypocrite who left Congress under a cloud of ethical questions and publicly chastised Bill Clinton while sneaking out on his wife and nailing a House Agriculture Committee staffer, is now claiming Democrats have bigger sex scandals than Republicans.

“What we don’t have to do is allow our friends on the left to lecture us on morality,” Gingrich said at a party fundraiser in Greenville, SC, Wednesday. “There’s a certain stench of hypocrisy.”

Gingrich should know something about the stench of hypocrisy. He stinks to high heaven from it.

This hypocrite is the man who served his first wife with divorce papers while she lay in a hospital bed. He divorced his second wife after his screwing of a House staffer became public while he was Speaker of the House and leading the GOP charge against Clinton.

This is the same Newt Gingrich who used to take campaign volunteers back to his car and so they could give him blow jobs.

Just ask Ann Manning, a married woman back home in Georgia who admits to an affair with Gingrich.

“We had oral sex. He prefers that modus operandi because then he can say, ‘I never slept with her,’” says Manning.

Dot Crews remembers Gingrich’s failed campaign for Congress in 1974.

“We would have won in 1974 if we could have kept him out of the office, screwing her (a young volunteer on Gingrich’s staff) on the desk,” Crews says.

Kip Carter, his former campaign treasurer, remembers a football game in Gingrich’s district. She was walking Gingrich’s two daughters back from the game and cut across the parking lot when she spied the Congressman’s car.

“As I got to the car, I saw Newt in the passenger seat and one of the guys’ wives with her head in his lap going up and down,” Carter says. “Newt kind of turned and gave me this little-boy smile. Fortunately, Jackie Sue and Kathy were a lot younger and shorter then.”

I worked for Gingrich in 1992, raising money for GOPAC, his political action committee. During fundraisers at homes in the Washington area, he would whisper something in the ear of a sweet young thing and they would disappear for 30-45 minutes.

“Newt’s getting a blow job,” a female GOPAC staffer told me. “He likes blow jobs.”

At the Republican National Convention in Houston in 1992, a GOPAC volunteer was assigned to escort young women to a hotel room for quickie oral sex and stand guard outside to make sure the Congressman was not disturbed. I found one of those women crying in the hotel bar afterwards.

“He’s a pig,” she said. “He made me get down on my knees and fellate him and then turned his back to me and told me to leave as soon as he came.”

So, I asked, “why did you do it?”

“I work for him,” she said. “I want to keep my job.”

When the Republicans were trying their best to impeach and convict Bill Clinton for lying about his oral dalliances with White House intern Monica Lewinsky, Gingrich was stepping out on his wife and sampling the sexual pleasures of Calista Bisek, a long and lean Capitol Hill Blonde more than 20 years his junior.

He told friends he would read the Bible while waiting for her to finish singing each week at The National Cathedral, which I guess gives a whole new meaning to the phrase: “Oh God, I’m coming!” Gingrich dumped his wife and married Bisek but GOP insiders tell me he is still up to his old tricks with any woman who is willing.

Gingrich is not the only tail chaser in the Republican Party. When he stepped down amid scandal, his first replacement, Rep. Bob Livingston of Louisiana, had to back out after admitting he cheated on his wife. Rep. Dan Burton of Indiana fathered a child out of wedlock and put his mistress on the House payroll. Even grandfatherly Henry J. Hyde, whom some suggest should replace current House Speaker Dennis J. Hastert if he is forced out because of the Mark Foley Congressional page scandal, admitted to a long affair in his younger days.

Democrats have their whore hounds as well and neither party can claim any moral high ground when it comes to sexual hijinks, but it is the Republican Party that claims to be holier-than-thou and preaches “family values.” For Gingrich to now claim Republicans are somehow better than others when it comes to sex scandals is a bald-faced lie and the height of hypocrisy, even for Washington.

And somebody in Greenville probably gave him a blow job before he left town. ++

“The List” (of Gay GOP Aides on the Hill); Hubris on Bloggingheads.tv
October 04, 2006
http://www.davidcorn.com/

There’s a list going around. Those disseminating it call it “The List.” It’s a roster of top-level Republican congressional aides who are gay.

On CBS News on Tuesday, correspondent Gloria Borger reported that there’s anger among House Republicans at what an unidentified House GOPer called a “network of gay staffers and gay members who protect each other and did the Speaker a disservice.” The implication is that these gay Republicans somehow helped page-pursuing Mark Foley before his ugly (and possibly illegal) conduct was exposed. The List–drawn up by gay politicos–is a partial accounting of who on Capitol Hill might be in that network.

I have a copy. I’m not going to publish it. For one, I don’t know for a fact that the men on the list are gay. And generally I don’t fancy outing people–though I have not objected when others have outed gay Republicans, who, after all, work for a party that tries to limit the rights of gays and lesbians and that welcomes the support of those who demonize same-sexers.

What’s interesting about The List–which includes nine chiefs of staffs, two press secretaries, and two directors of communications–is that (if it’s acucurate) it shows that some of the religious right’s favorite representatives and senators have gay staffers helping them advance their political careers and agendas. These include Representative Katherine Harris and Henry Hyde and Senators Bill Frist, George Allen, Mitch McConnell and Rick Santorum. Should we salute these legislators for being open-minded enough to have such tolerant hiring practices?

After all, Santorum in a 2003 AP interview compared homosexuality to bestiality, incest and polygamy. It would be rather big of Santorum to employ a fellow who engages in activity akin to such horrors. That is, if Santorum knows about his orientation.

Let’s be clear about one thing: the Mark Foley scandal is not about homosexuality. Some family value conservatives are suggesting it is. But anytime a gay Republican is outed by events, a dicey issue is raised: what about those GOPers who are gay and who serve a party that is anti-gay? Are they hypocrites, opportunists, or just confused individuals? Is it possible to support a party because you adhere to most of its tenets–even if that party refuses to recognize you as a full citizen? The men on The List might want to think hard about these questions–as they probably already have–for if I have a copy of The List, there’s a good chance it will be appearing soon on a website near everyone. ++

Closeted Gay Republicans and a Party in Political Free-Fall
Lawrence O’Donnell
10.05.2006
http://www.huffingtonpost.com/lawrence-odonnell/closeted-gay-republicans-_b_31040.html

The LA Times has outed Kirk Fordham today. He will not be the last closeted gay Republican outed by this scandal.

Today’s NY Times has a chart that outlines the “key communications” in the House of Representatives about Mark Foley’s inappropriate contact with pages. More than one of the names in the chart, which includes Kirk Fordham, are rumored to be closeted gay Republicans who have been working at the highest levels of the Republican leadership.

They have been looking at their names in print for the last couple of days and no doubt fearing for their futures in a Party that is in political free-fall.

Are ambitious closeted gay Republican officials, the most reliable people Speaker Hastert could have delegated the Foley problem to last year? Obviously not. Heat on a closeted gay Republican in the House is heat on all closeted gay Republicans in the House. The most innocent Foley emails were enough to worry the parents of the recipient. They were enough to worry the closeted gay Republicans too. But the closeted gay Republicans were perfectly positioned in the House to make the problem disappear.

Now two Republican staffers are locked in a credibility contest: it’s Kirk Fordham v. Scott Palmer, Hastert’s chief of staff. Palmer flatly denies that Fordham warned him about Foley. Hastert’s political life depends entirely on Scott Palmer’s credibility. I can’t find anyone in Washington who knows Palmer who thinks his credibility can survive this test.

It’s no accident that the first call for Hastert’s resignation came from Tony Blankley, Newt Gingrich’s former press secretary. Tony knows that the scandal cannot die as long as Hastert and his staff are still in the building.

The Republican base–the Evangelical get-out-the-vote troops–are going to be devastated when they discover how many closeted gay Republicans were involved in policing Mark Foley in the House of Representatives. Republican House members know this. That’s why momentum is building for a very quick House cleaning and a new Speaker by next week. ++

The Sexual Predator and the Sock Puppet: Why Hastert Did Nothing
Sidney Blumenthal
10/5/06
http://www.huffingtonpost.com/sidney-blumenthal/the-sexual-predator-and-t_b_31011.html

Why shouldn’t the cover-up of a sexual predator roaming among the congressional pages have worked? For Dennis Hastert, Mark Foley’s cruising was a trivial, forgettable non-issue to be assigned to a non-member, the Clerk of the House, Jeff Trandahl, to insure that the Speaker would never hear of such a matter again.

Trandahl, since last September appointed executive director of the National Fish and Wildlife Foundation, a sinecure at an organization established and controlled by the Congress, has himself virtually disappeared, refusing all comment.

As I explain in “How Bush Rules: Chronicles of a Radical Regime,” the political style of the House Republican leaders disdains accountability and ingrains impunity: “Speaker of the House Dennis Hastert, [Majority Leader Tom] DeLay’s sock puppet, opened the 109th Congress by declaring that legislation had to meet the approval of ‘the majority of the majority’ — DeLay’s rule for right-wing control. On about 80 percent of the bills before the House, amendments are prohibited as a result of what are called ‘closed rules.’ By manipulation of so-called suspension bills — for example, those that name federal buildings and praise civic groups — the business of the House has become a playpen of trivialities. Instead of substantive debate, two-thirds of all the time on the House floor is devoted to these meaningless measures. By this means, the leadership concentrates power and frustrates the House from acting as deliberative body. The schedule of the House has been reduced to something like that of a small state legislature of the 19th century, with many of its lollygagging members turning up for work on Tuesday and leaving on Thursday.”

After the Foley scandal broke, Hastert said he hardly knew him, though he recalled he might have perhaps spoken with him once. Hastert’s lack of familiarity with Foley was reminiscent of his declaration that hardly anyone on Capitol had ever heard of Jack Abramoff. “Well, you know,” said Hastert, “a year ago most people around Congress couldn’t tell you who Jack Abramoff was and didn’t know who his associates were or what connections there are.”

In fact, Foley had been hand picked as one of DeLay’s deputy whips, just as Hastert was selected to be Speaker. Hastert’s “leadership” as DeLay’s front man was typified during the struggle over a Medicare bill that would prohibit the federal government from negotiating lower drug prices for seniors from the pharmaceutical companies. When it seemed that the bill would be narrowly defeated, DeLay ordered Hastert to keep debate open three hours past the limit while DeLay twisted arms and promised campaign contributions to pry the measure through.

Hastert also tried his best to suppress any oversight of corruption in the House. When DeLay’s corrupt campaign practices were exposed, Hastert repeatedly attempted to frustrate referrals to the Ethics Committee, which eventually issued three rebukes to DeLay. In response, Hastert removed the committee chairman and replaced him with a rubberstamp. Hastert’s defense of DeLay, however, did not prevent his indictment in Texas.

DeLay departed around the time that Foley’s emails to a page were drawn to Hastert’s attention. The Speaker was more upset by DeLay’s leaving than Foley’s lurking.

Hastert had assimilated a smug arrogance that he displayed when asked about rebuilding New Orleans after Hurricane Katrina. As I report in “How Bush Rules,” Hastert remarked: ‘It doesn’t make sense to me.’ He elaborated: ‘I think federal insurance and everything that goes along with it … we ought to take a second look at that.’ Thus Hastert upheld rugged individualism over a modern federal union. Just a month earlier, as it happened, Hastert had put out a press release crowing about his ability to win federal disaster relief for drought-stricken farmers in his Illinois district. While he was too preoccupied attending a campaign fundraiser for a Republican colleague to travel to Washington to vote for the $10.5 billion emergency appropriation to deal with Katrina’s aftereffects, he did finally return to the capital to push for even more drought aid from the Department of Agriculture. Hastert’s philosophy is not undermined by his stupendous hypocrisy, for hypocrisy is at the center of the Republican idea. Hastert simply has the shamelessness of his convictions.”

When news of Foley’s predatory behavior became public at last, Hastert at first said he learned about it only a week earlier, but then confessed that he had known for a year. He acted as though it didn’t really matter what he said. Nothing would damage him or his party; life would go on; Republicans would rule. But soon he was caught up in a frenzy of finger pointing. As I write in my column for The Guardian and Salon: “Now, the Republican leaders’ blame casting resembles the last scene of ‘The Treasure of the Sierra Madre,’ in which the varmints battle each other as their gold dust blows away.” ++

House to Investigate Page Scandal
JEFF ZELENY and CARL HULSE
October 5, 2006
http://www.nytimes.com/2006/10/05/washington/05cnd-hastert.html

WASHINGTON, Oct. 4 — The House Ethics Committee, after meeting behind closed doors on Mark Foley and the sexually explicit messages he sent to teenage pages, voted today to set up a subcommittee to investigate improper conduct between lawmakers and pages. Leaders said the inquiry would take “weeks, not months.”

The chairman of the bipartisan committee, Representative Doc Hastings, a Washington State Republican, said the committee has already granted authority to issue more than four dozen subpoenas for documents and testimony from House members and the staff.

He would not say if one of those who would receive a subpoena was Speaker J. Dennis Hastert, who has been under pressure to disclose more about why he did not act more assertively when he learned months ago that Mr. Foley was sending e-mails to an teenage page that disturbed the youth and his parents.

“The investigation will go wherever the evidence leads us,” Mr. Hastings said.

The committee’s decision to open a formal investigation comes as the matter of the Foley resignation last Friday continues to dominate Washington less than five weeks before critical midterm elections. Every day, new development thwart Republican efforts to change the subject.

On Wednesday, a former Congressional aide said Mr. Hastert’s office knew about reports of “inappropriate behavior” by Mr. Foley far earlier than Mr. Hastert’s office has acknowledged.

Mr. Hastert’s chief of staff, Scott Palmer, denied the account of the former aide, Kirk Fordham, who said in an interview that he had informed Mr. Palmer of the concerns about Mr. Foley before 2004. Mr. Hastert’s office had previously said it first learned of concerns about Mr. Foley in the fall of 2005.

Mr. Fordham worked in Mr. Foley’s office until January 2004, and on Wednesday, he resigned as chief of staff to Representative Thomas M. Reynolds of New York, chairman of the House Republican campaign committee. Mr. Fordham said he had become a political liability in Mr. Reynolds’s re-election campaign.

Mr. Fordham’s assertion about early reports raised more questions about whether Mr. Hastert and his staff had failed to respond quickly and forcefully enough to multiple warnings about the conduct of Mr. Foley, the Florida Republican who resigned from the House on Friday after being confronted with sexually explicit messages he had sent to teenage pages.

The statement further clouded Mr. Hastert’s prospects of retaining his position as speaker as his party reached for a strategy to deal with a controversy that seems to have undermined its chances of keeping control of Congress on Election Day.

Mr. Hastert was expected to have a news conference this afternoon.

“I had more than one conversation with senior staff at the highest levels of the House of Representatives, asking them to intervene when I was informed of Mr. Foley’s inappropriate behavior,” Mr. Fordham said Wednesday after resigning from Mr. Reynolds’s staff. “I have no congressman and no office to protect.”

Mr. Fordham said he had informed Mr. Palmer of the concerns while working for Mr. Foley, after the House clerk, Jeff Trandahl, approached him. Mr. Trandahl told him, Mr. Fordham said, that pages had come forward with accounts about Mr. Foley’s behavior. Mr. Trandahl, who resigned his position last year, did not return calls on Wednesday.

The accounts did not include accusations of overtly sexual advances and did not involve e-mail or instant messages of the sort that surfaced last week, Mr. Fordham said. Instead, they encompassed reports that Mr. Foley had been “way too friendly” toward the pages, he said.

Mr. Fordham said that he could not recall the specific date of his meeting with Mr. Palmer, but that it was between 2001 and the end of 2003.

A spokesman for Mr. Hastert, Ron Bonjean, issued a statement in Mr. Palmer’s name saying, “What Kirk Fordham said did not happen.”

Earlier Wednesday, Mr. Hastert’s allies thought they were making progress in solidifying the rank and file behind the speaker as lawmakers issued generally supportive remarks.

Republicans here and across the country not only expressed anger, but also feared that the latest disclosures would drag the controversy over Mr. Foley into a second week and eclipse a critical campaign period in their effort to retain their House majority.

At the same time, Republicans said in interviews that the disclosures solidified worries in the party that Mr. Foley’s conduct — hardly a secret — might have been kept quiet because Republicans were facing a tight election year.

Other suggestions surfaced on Wednesday that Mr. Foley’s undue interest in pages had previously been known. Representative Deborah Pryce of Ohio, a member of the leadership, asked the current clerk of the House, Karen L. Hass, to investigate reports raised this week in a party conference call that Mr. Foley was once turned away from the pages’ living quarters and that the staff in the page program had raised concerns about him with the former clerk.

In a sign of the strains in the House leadership, Representative Roy Blunt, Republican of Missouri, the majority whip, said Wednesday that he had not been told about Mr. Foley’s case until last week. Mr. Blunt criticized the handling of the inquiry into the initial e-mail messages.

He added that the matter should have been more vigorously pursued when an e-mail message from Mr. Foley to a former page was first brought to the attention of Mr. Hastert’s office last year.

“I think I could have given some good advice here, which is you have to be curious, you have to ask all the questions you can think of,” Mr. Blunt told reporters in Missouri, The Associated Press reported. “You absolutely can’t decide not to look into activities because one individual’s parents don’t want you to.”

Other Republicans also said the initial inquiry fell short.

“As the father of a 2-year-old boy and a 4-year-old girl, I believe that we must always err on the side of caution when it comes to protecting our children,” Representative Jeb Hensarling, Republican of Texas, said. “And it is clear that what appeared to some to be innocuous e-mails at the time should have been investigated further.”

Word of the new disclosures rattled lawmakers, many of whom remained quiet late Wednesday as they sought to digest the developments and learn more before deciding whether to continue supporting Mr. Hastert.

Federal prosecutors sent a letter on Wednesday to the general counsel of the House, directing Congressional authorities to safeguard all relevant records in Mr. Foley’s former office.

In the letter, obtained by The New York Times, the acting United States attorney in Washington, Jeffrey A. Taylor, asked for the safekeeping of “documents and items” in Mr. Foley’s former offices “including his computer, electronic storage materials, hard copy documents and other items.”

The F.B.I. is conducting a preliminary investigation, officials said, and the request was intended to preserve records pending a decision by prosecutors on opening a full criminal inquiry into whether Mr. Foley violated federal sex crime laws.

The letter said House officials had already agreed to several actions, including changing the locks on Mr. Foley’s former office, stopping his remote access to computers and warning staff members not to delete or shred any documents.

The furor seeped even deeper into political races. In debates and on the campaign trails, Democrats asked their Republican opponents whether they supported the Republican leadership in Congress.

Mr. Fordham, 39, who had risen through the ranks of Republican politics and gained a reputation as a strategist, said he felt maligned by suggestions that he tried to participate in a cover-up for Mr. Foley. He decided, he said, to confront Mr. Hastert about his assertion that he was not aware of Mr. Foley’s circling too closely to young people.

In an interview, Mr. Fordham said he had hired a lawyer and intended to give his account to the F.B.I. on Thursday.

Mr. Bonjean, Mr. Hastert’s spokesman, denied that the speaker’s office had been aware of Mr. Foley’s conduct for at least three years.

“This matter has been referred to the Standards Committee, and we fully expect that the bipartisan panel will do what it needs to do to investigate this matter and protect the integrity of the House,” Mr. Bonjean said in a statement. ++

Maria Newman contributed reporting from New York and David Johnston from Washington.

Bush’s Megaphone Unable to Reach Above the Din
JIM RUTENBERG
October 5, 2006
http://www.nytimes.com/2006/10/05/us/politics/05bush.html

SCOTTSDALE, Ariz., Oct. 4 — Through disappointing polls and bad news in Iraq, intraparty squabbling over immigration and bipartisan broadsides on port security, President Bush has been able to use the megaphone of his office to shout above the din and shape the national debate.

But the Mark Foley scandal is rendering that megaphone practically useless, just as the president is trying to turn up the volume to help his party beat back Democratic efforts to take control of Congress this November.

During his three-day campaign swing out West this week, Mr. Bush’s carefully honed attacks on Democrats as soft on terrorism have been drowned out by the Foley case and its political repercussions.

In interviews this week, White House officials expressed a sense of resignation, saying they were left with few options to help their party emerge intact from a scandal that appears to further threaten the Republicans’ hold on Congress.

For now, they said, they have little choice but to sit on the sidelines, watch it play out and hope that the House Republican leadership, starting with Speaker J. Dennis Hastert, finds an adroit way to extricate itself from the matter.

More than anything else, officials said, they are hemmed in by the unknown, girding for still more unwelcome developments in the Foley saga that could make any sort of full-throated defense or criticism of the House leadership now seem ill considered later. Mr. Foley, a Florida Republican, resigned his House seat on Friday after being confronted by ABC News with sexually explicit text messages he had sent to teenage Congressional pages.

“We’re not the keepers of the facts,” said a senior official, who was granted anonymity to speak candidly about internal deliberations on the Foley scandal.

Referring to the president’s decision to express dismay at the reports about Mr. Foley, and calibrated support for Mr. Hastert as a father, teacher and coach, this official said, “We felt that it was important that the president speak out on this issue — it’s a shocking revelation and warrants his comments.”

But, the official added, “That can help mitigate an aspect of the story, but the story itself still has legs, because the story itself hasn’t been fully reported yet.” And, he indicated the president would not have much more to say on the matter any time soon.

White House strategists said they were hoping that the president’s statement of dismay on Tuesday had at least sent a signal to voters that the titular head of the party was just as concerned about the reports as they were.

But allies said that what the president said or did would have little effect as new details trickled out. All he can really do, they said, is try to keep hammering home his case against the Democrats, calling on the Republican faithful to vote against what he termed “the party of cut and run.”

Charles Black, a longtime Republican strategist with close ties to the White House who has been in contact with the president’s top political strategist, Karl Rove, said that at this point he did not think the White House would intervene by getting involved in the debate over Mr. Hastert’s future.

“Every time the White House gets involved in internal party stuff on the Hill it has a bad result,” Mr. Black said, referring to the White House’s involvement in the ouster of Senator Trent Lott of Mississippi from the majority leader’s post in 2002, which bred resentment within the party.

Mr. Bush pressed ahead this week on a fund-raising and campaign trip through the West. He joined on Wednesday with Senator Jon Kyl, Representatives J. D. Hayworth and Rick Renzi, and Gov. Janet Napolitano, all of Arizona, to sign a homeland security appropriations bill that will help pay for new border security initiatives. Still, the prickliness of the immigration issue within the party was on display: Mr. Bush renewed his calls for a guest worker program; Mr. Hayworth told reporters afterward that instituting such a program before the border was secured would be putting “the cart before the horse.”

Mr. Bush’s remarks in the afternoon at a reception for Representative Bob Beauprez, who is running for governor of Colorado, were not carried for very long on Fox News Channel. Fox switched away from them before the president got into his attacks against Democrats as good people who “just happen to be wrong people” when it comes to terrorism.

Soon after Mr. Bush’s remarks concluded, Fox News Channel was back to the Foley scandal, featuring a discussion about how much it was hurting the party’s prospects this fall. ++

Adam Nagourney contributed reporting from Washington.

What’s right and good doesn’t come naturally. You have to stand up and fight for it - as if the cause depends on you, because it does. Allow yourself that conceit - to believe that the flame of Democracy will never go out as long as there’s one candle in your hand.
~ Bill Moyers

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.)

Add comment October 5th, 2006

Torture Me Elmo — slapping a happy face on barbarism

There are layers in Bush’s torture bill — the first is torture, itself … so let’s look at that for starters. It’s been around forever, sayeth the talking heads … [a]merican black ops have practiced without a license forever, sayeth the cynics … we needeth it, sayeth the sadistic and the fraidy-cat’s.

From a sociological point of view, we’ve spent the last couple of generations asking “Who am I?” Now we’re asking as a nation, “Who are we?” The timing is poor — we didn’t get the first drill right … we didn’t look within, we looked outside of ourselves to examine our roles and our form and our peculiarities … we didn’t find our soul. If our nation looks soul-less today … it’s because our own lethargy and confusion about who we are is still in play.

Sounds like a huge project, but it’s easier than that — we all* know what’s right and what’s wrong. Standing UP for it … ahhhh … there’s the confusion and lethargy. Getting that right is painful … it’s requiring soul surgery, entering through the brain and blasting open the heart. That’s our angst-driven, heart-wrenching and mind-boggling Work of the moment.

*ALL as in average citizens doing their lives — politico’s have lost their moral compass completely … it’s astounding how a little bit of snake oil can make toxic waste of a human conscience. If you missed Moyers Capital Crimes last night, you missed essential information — go here to catch up.

Jude

Number of years of hard labor a Japanese soldier was sentenced to for waterboarding a U.S. civillian in 1947?

15 years

This Is What Waterboarding Looks Like
David Corn, DavidCorn.com
http://www.davidcorn.com/archives/2006/09/this_is_what_wa.php

Waterboarding Republic
James Abourezk
October 05, 2006
http://www.tompaine.com/articles/2006/10/05/waterboarding_republic.php

So, waterboarding is now okay . So is the suspension of one of our basic rights of freedom—the writ of habeas corpus. Habeas corpus—which guarantees prisoners the right to know the charges against them—according to the U.S. Constitution, can only be suspended in cases of invasion or rebellion. Our Supreme Court has held, “habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.”

Abraham Lincoln suspended the writ during the Civil War, and even then it was a questionable act. And even more hopeless is that part of the law that permits President George W. Bush to interpret Common Article Three of the 1949 Geneva Conventions. Although Bush claims that the article is vague, no one before him has had any trouble understanding that torture is wrong, and in violation of intern ational law.

But the suspension of the writ in 2006 is not only unconstitutional because there is neither a rebellion nor have we been invaded. It is flat out wrong.

The only rebellion we were faced with was the one begun by three Republican Senators—John McCain, Lindsey Graham and John W. Warner. All three had served in the military, but McCain had actually spent time as a prisoner of war in North Vietnam. Many of us cheered when he stood up to the president to say that if we permitted torture, which is what Bush and Cheney were trying to legalize, our own soldiers, sailors and airmen would be subject to the same brutalization as Bush was hoping to inflict on his “terror suspects.”

But the rebellion was quickly quelled when McCain, Graham and Warner caved in and said that the compromise they worked out with the president would both preserve our morals and get valuable information from enemy combatants.

First, people who are experts in interrogation of the enemy pretty much agree that torture doesn’t work. Those being tortured will say anything they think their interrogators want to hear, just so the torture will stop. Secondly, the information, even if true, which is rare, in virtually every case is outdated by the time the torture is finished. Certainly no enemy would continue with plans known to someone who was captured.

But even more importantly, as former Secretary of State Gen. Colin Powell said, we lose our moral high ground if we torture prisoners. To me, that is a hundred times more powerful a statement than Bush’s repetitious rantings that “we are protecting Americans.” That phrase, of course, is born of polling that says Americans want to be protected, and delivered by the likes of Karl Rove, who, if nothing else, knows how to demagogue.

But the hottest place in political hell should be reserved for members of Congress, including the weak-kneed Democrats, who essentially went along with Mr. Bush’s “compromise.”

It did not seem to bother senators and representatives that the writ of habeas corpus is being suspended for enemy combatants. There is now no way to learn whether or not the prisoner is indeed an enemy, or just someone who was gathered up in a sweep of foreigners in Afghanistan, because, without habeas corpus, their detention cannot be tested in a court.

Senate Democrats, who in recent years have dug in to filibuster at the slightest provocation, this time merely stood up to record their opposition, knowing full well they would lose a straight up or down vote on the Bush compromise. But instead of really trying to stop the legislation, those who opposed it were content to make a speech and vote against it so they could later brag about their principled stand.

Everyone knew that was the Bush/Rove strategy—bring it up just before the elections so you can accuse the opposition of being soft on terrorism. It worked with the Iraq War resolution in 2002, so why not now?

My wife, who is from the Middle East and is in fact from a country that tortures its prisoners, was nearly in tears when, after hearing about the legislation, told me that everyone in her home country always looked up to America as a beacon of freedom. But those who loved America as an idea would now feel completely alone.

President Bush continually says that, “they” hate us because of our freedoms. That may explain why, in this legislation and in the PATRIOT ACT, he is, piece by piece, trying to remove our freedoms. If this is his idea of protecting Americans, we really can’t stand much more protection.

The public’s opposition to this Draconian law is the only thing that will give Congress the backbone to preserve our freedoms. ++

James Abourezk served as the a congressman and senator from South Dakota from 1973-1979. His memoir, Advise & Dissent: Memoirs of South Dakota and the U.S. Senate, was published in 1989. Abourezk founded the Arab-American Anti-Discrimination Committee, and he is a signer of the Call from World Can’t Wait-Drive Out the Bush Regime , which today is holding protests in over 150 cities.

Torture in contextSenate’s endorsement of torture is just business as usual for USA
Geov Parrish, WorkingForChange.com
10.02.06
http://www.workingforchange.com/article.cfm?ItemID=21442

There has been and will be much hand-wringing and indignation over the Senate’s cowardly endorsement Thursday of torture as an official U.S. policy. Granted, it’s morally despicable, useless from an intelligence standpoint, and poses a grave new danger to both U.S. soldiers and ordinary Americans. Truly abominable. About the only thing torture is really useful for — aside from entertaining genuinely sadistic guards and interrogators (far more are probably traumatized than entertained by the experience) –- is, as I noted in a column last week, gathering the “evidence” to support official lies.

That said, let’s put this issue in context. Before this bill “legalizing” torture (it’s still a war crime, whether Bush and the Republicans want to acknowledge it or not), in the last five years the policies of the Bush cabal have already resulted in the torture of tens of thousands of people, many of them completely innocent, not just at Abu Ghraib but in many other Iraq prisons and in Afghanistan, at Guantanamo, and in the secret gulag of CIA and other prisons scattered throughout the globe.

It’s also worth noting that many of the torture techniques used, along with more than a few of the guards and interrogators using them, have been imported directly from federal and state prison systems in the U.S., where, especially in high-security “control units,” such techniques have been in vogue for a decade or more. Just ask Amnesty International, or Human Rights Watch.

Meanwhile, the CIA is also “rendering” victims to prisons in countries like Egypt and Syria, where the U.S. can be confident they’ll be tortured on our behalf. This is a major scandal in Canada, where an innocent Canadian citizen survived a nearly year-long, American-delivered descent into Syrian hell, and in Europe, where the E.U. is investigating whether both CIA prisons in Eastern Europe and overflights of rendered CIA prisoners constituted violations by member states of Europe’s rather more enlightened human rights laws.

And just last week, a report by the U.N. special investigator on torture had this to say about torture in Iraq:

“Detainees’ bodies show signs of beating using electric cables, wounds in different parts of their bodies including in the head and genitals, broken bones of legs and hands, electric and cigarette burns.”

Human rights groups welcomed the report but stated that it’s not just our client, Shiite-controlled government that’s torturing in Iraq; torture in U.S.-run prisons in Iraq continues to be endemic. Meanwhile, the report also had this to say, regarding Iraq’s death squads and bodies brought to the Baghdad morgue:

“[They] often bear signs of severe torture including acid-induced injuries and burns caused by chemical substances, missing skin, broken bones (back, hands and legs), missing eyes and wounds caused by power drills or nails.”

Anyone surviving all this is, for their trouble, shot in the head.

The report also concluded that torture in Iraq is now more widespread than it was under Saddam Hussein. That’s a pretty low bar to crawl under. Is it coincidence that both the U.S. and the U.S.-backed Shiite government are torturing in Iraq? Of course not. Consider the man most commonly linked with those death squads, Bayan Jabr, who has now been part of the last three Iraq governments, members of each of which were hand-picked or vetted by the Bush administration. Jabr became Finance Minister earlier this year, even after, while the Interior Minister in 2005-06, Jabr’s ministry was discovered by U.S. troops last December to be running a secret torture prison with 169 brutalized, emaciated, mostly Sunni prisoners.

Allegations of a whole network of such prisons then emerged. Meanwhile, in mid-2005, parallel to Jabr’s assumption of the Interior post, Shiite death squads began targeting Sunni civilians, first in Baghdad and then throughout much of Shiite-controlled Iraq.

In the past 15 months, those death squads have killed many thousands, perhaps even tens of thousands of mostly Sunnis. The squads frequently wear Iraqi police or military uniforms, often use government vehicles, and are widely believed to be originated through, if not outright run by, the Shiite-controlled Interior Ministry, under first Jabr and now his successor. The squads have apparently spread to other Shiite-controlled ministries, too, particularly Health; most Iraqis, even those mortally wounded in Iraq’s ever-present random violence, now refuse to go to hospitals to get their wounds treated due to death squads that pull patients out of hospital beds, take them to a secluded place, and execute them. Often after torturing them.

Ken Silverstein, in the August 2006 Harper’s, had a fascinating piece on Jabr, especially his early history in post-Saddam Iraq. Previously, as an exile, Jabr worked closely with the Iraqi National Congress of Ahmad Chalabi. In 2004, while Jabr was Housing Minister, two senior CPA officials approached then-viceroy Paul Bremer with concerns that Jabr was not only frightfully corrupt (even by the standards of post-Saddam Iraq), but also showed strong tendencies toward both authoritarianism and sectarianism. They wanted him dumped. Bremer nodded, took it under advisement, and a few days later abruptly sacked the aides for being “unable” to work constructively with Jabr.

All this suggests that Jabr -– who has survived well-documented corruption, torture, and death squad allegations to serve in three consecutive governments, and has been protected enough that senior U.S. officials critical of him were once sacked –- is the Bush administration’s guy. Combine that, the rise of the death squads in mid-2005, and extensive reports earlier that year that the Bush team was secretly considering the “Salvador option”: creating indigenous death squads to target and hopefully disable the Sunni insurgency. It’s hard to avoid the conclusion that the U.S. government is at least tolerating, if not complicit in or outright operating, Iraq’s death squads.

Incidentally, the new U.S.-crafted Iraqi constitution has many flaws, but it does explicitly outlaw torture. But then, until Thursday, torture was considered illegal in the U.S., too.

However, the situation in Iraq is nothing new. It’s eerily reminiscent not only of El Salvador, Honduras, Guatemala, and the Contras in Central America in the 1980s under Reagan, but U.S. support of thuggish allies in South America’s “Dirty Wars” of the 1960s and ’70s under both Johnson and Nixon. In other words, bipartisan torture. The only difference now is that when the CIA sends its instructors to our client states, they will have gained their real-life experience “legally.”

And torture is one thing; death is another. The respected epidemiologist who co-authored the 2004 Lancet article, then estimating 100,000 additional Iraqi civilian deaths caused by our invasion and occupation, in an interview earlier this year put the current figure at up to 300,000. And that’s before this summer, when the violence was so bad that an estimated two million Iraqis — one in 12 of the country’ population — fled the country, often in fear of their lives. (Elites having the resources to leave had already done so.) The result has been an enormous humanitarian and refuge crisis in Jordan, Syria, and other nearby countries.

The equivalent ratio in the U.S. would be if 25 million Americans suddenly left the country. Put another way, take the Pacific Northwest, where I live, and draw one line along the Canadian border, and another from the Pacific along the Oregon-California border all the way to the Illinois-Wisconsin border at Lake Michigan. Seattle to Milwaukee. Now, completely depopulate that entire land mass.

That’s what’s happened this summer in Iraq. Where’s the outrage?

Where’s the outrage over 300,000 (or, now, more) Iraqi dead? Where’s the outrage over tens of thousands tortured during the so-called War on Terror, and the scores of deaths that have resulted? Where’s the outrage over rape, another widespread and underreported consequence of our wars? Where’s the outrage over a decades-long American tradition, from Somoza and Brazil to “extraordinary rendition,” of using other countries’ thugs to provide deniability? Where’s the outrage over how the two million plus prisoners in U.S. prisons and jails are treated?

The Senate’s vote Thursday was despicable. But nobody, absolutely nobody, should be able to say that it was an aberration. ++

Now that you could be labeled an enemy combatant…
Heather Wokusch
Oct 4 2006
http://www.smirkingchimp.com/thread/1341

Since Congress recently handed Bush the power to identify American citizens as “unlawful enemy combatants” and detain them indefinitely without charge, it’s worth examining the administration’s record of prisoner abuse as well as the building of stateside detention centers.

As Texas governor (from 1995-2000) Bush oversaw the executions of 152 prisoners, and thus became the most-killing governor in the history of the United States. Ethnic minorities, many of whom did not have access to proper legal representation, comprised a large percentage of those Bush put to death, and in one particularly egregious example, Bush executed an immigrant who hadn’t even seen a consular official from his own country (as is required by the Vienna Convention on Consular Relations, to which the US was a signatory). Bush’s explanation: “Texas did not sign the Vienna Convention, so why should we be subject to it?”

Governor Bush also flouted the United Nations Convention on the Rights of the Child by choosing to execute juvenile offenders, a practice shared at the time only by Iran, Pakistan, Saudi Arabia and Yemen. Significantly, in 1998 a full 92% of the juvenile offenders on Bush’s death row were ethnic minorities.

Conditions inside Texan prisons during Bush’s reign were so notorious that federal Judge William Wayne Justice wrote, “Many inmates credibly testified to the existence of violence, rape and extortion in the prison system and about their own suffering from such abysmal conditions.”

In September 1996, for example, a videotaped raid on inmates at a county jail in Texas showed guards using stun guns and an attack dog on prisoners, who were later dragged face-down back to their cells.

Funding of mental health programs during Bush’s reign was so poor that Texan prisons had a sizeable number of mentally-impaired inmates; defying international human rights standards, these inmates ended up on death row. For instance, a prisoner named Emile Duhamel, with severe psychological disabilities and an IQ of 56, died in his Texan death-row jail cell in July 1998. Authorities blamed “natural causes” but a lack of air conditioning in cells that topped 100 degrees Fahrenheit in a summer heat wave may have killed Duhamel instead. How many other Texan prisoners died of such neglect during Bush’s governorship is unclear.

As president, Bush presides over a prison population topping two million people, giving America the dubious distinction of having a higher percentage of its citizens behind bars than any other country. When considering that (based on 2003 figures) the US has three times more prisoners per capita than Iran and seven times more than Germany, the nation looks more like a Gulag than the Land of the Free.

The White House has also stifled investigation into the roughly 760 aliens (mainly Muslim men) the US government rounded up post-9/11, ostensibly for immigration violations. Amnesty International reports that 9/11 detainees have suffered “a pattern of physical and verbal abuse by some corrections officers” and a denial of “basic human rights.”

Then of course, there’s Guantanamo, where the US is holding hundreds of detainees in top secrecy and without access to courts, legal counsel or family visits. Add to that the thousands of Afghans and Iraqis the US has imprisoned (including a large percentage of innocent civilians) and countless US secret prisons across the globe, and it looks as if incarceration is the nation’s best export.

While Abu Ghraib may have left administration officials falling over themselves with protestations of compassion, it’s worth remembering that the Bush White House has fought hard against the International Convention Against Torture, especially a proposal to establish voluntary inspections of prisons and detention centers in signatory countries, such as the United States.

Put it all together, and last week’s passage of the Military Commissions Act is ominous for those in the US. As Bruce Ackerman noted recently in The Los Angeles Times, the legislation “authorizes the president to seize American citizens as enemy combatants, even if they have never left the United States. And once thrown into military prison, they cannot expect a trial by their peers or any protections of the Bill of Rights.” The vague criteria for being labeled an enemy combatant (taking part in “hostilities against the United States”) don’t help either. Would that include anti-war protestors? People who criticize Bush? Unclear.

In 2002, wacko former Attorney General John Ashcroft called for the indefinite detainment of US citizens he considered to be “enemy combatants,” and while widely criticized at the time, Congress went ahead and fulfilled Ashcroft’s nefarious vision last week. Ashcroft had also called for stateside internment camps, and accordingly, in January 2006 the US government awarded a Halliburton subsidiary $385 million to build detention centers to be used for, “an unexpected influx of immigrants or to house people after a natural disaster or for new programs that require additional detention space.” New programs that require additional detention space. Hmm.

The disgraceful Military Commissions Act and the building of domestic internment camps are yet more examples of blowback from the administration’s so-called war on terror, and we ignore these increasing assaults on our civil liberties at our own peril.
Action Ideas:

1. Read the Military Commissions Act of 2006 for yourself. Find out how your congressmembers voted on this legislation, and raise the topic when they ask for your vote this November.

2. For more information on US prisoner abuse, check out BBC’s report from 2005 entitled “Torture Inc. Americas Brutal Prisons.” Text and video versions are archived here. You can learn more about US prisoner’s rights from the American Civil Liberties Union.

3. To take action regarding “the plight of the prisoners at Guantanamo Bay and other detainees held as part of the War on Terror,” visit Cageprisoners.com. ++

Fatal Vision: The Deeper Evil Behind the Detainee Bill
Chris Floyd, TruthOut UK Correspondent
Monday 02 October 2006
http://www.truthout.org/docs_2006/100206A.shtml

There is no week nor day nor hour when tyranny may not enter upon this country - if the people lose their confidence in themselves - and lose their roughness and spirit of defiance.
~ Walt Whitman

1.
It was a dark hour indeed on Thursday when the United States Senate voted to end the constitutional republic and transform the country into a “Leader-State,” giving the president and his agents the power to capture, torture and imprison forever anyone - American citizens included - whom they arbitrarily decide is an “enemy combatant.” This also includes those who merely give “terrorism” some kind of “support,” defined so vaguely that many experts say it could encompass legal advice, innocent gifts to charities or even political opposition to US government policy within its draconian strictures.

All of this is bad enough - a sickening and cowardly surrender of liberty not seen in a major Western democracy since the Enabling Act passed by the German Reichstag in March 1933. But it is by no means the full extent of our degradation. In reality, the darkness is deeper, and more foul, than most people imagine. For in addition to the dictatorial powers of seizure and torment given by Congress on Thursday to George W. Bush - powers he had already seized and exercised for five years anyway, even without this fig leaf of sham legality - there is a far more sinister imperial right that Bush has claimed - and used - openly, without any demur or debate from Congress at all: ordering the “extrajudicial killing” of anyone on earth that he and his deputies decide - arbitrarily, without charges, court hearing, formal evidence, or appeal - is an “enemy combatant.”

That’s right; from the earliest days of the Terror War - September 17, 2001, to be exact - Bush has claimed the peremptory power of life and death over the entire world. If he says you’re an enemy of America, you are. If he wants to imprison you and torture you, he can. And if he decides you should die, he’ll kill you. This is not hyperbole, liberal paranoia, or “conspiracy theory”: it’s simply a fact, reported by the mainstream media, attested by senior administration figures, recorded in official government documents - and boasted about by the president himself, in front of Congress and a national television audience.

And although the Republic snuffing act just passed by Congress does not directly address Bush’s royal prerogative of murder, it nonetheless strengthens it and enshrines it in law. For the measure sets forth clearly that the designation of an “enemy combatant” is left solely to the executive branch; neither Congress nor the courts have any say in the matter. When this new law is coupled with the existing “Executive Orders” authorizing “lethal force” against arbitrarily designated “enemy combatants,” it becomes, quite literally, a license to kill - with the seal of Congressional approval.

How arbitrary is this process by which all our lives and liberties are now governed? Dave Niewert at Orcinus has unearthed a remarkable admission of its totally capricious nature. In an December 2002 story in the Washington Post, then-Solicitor General Ted Olson described the anarchy at the heart of the process with admirable frankness:

“[There is no] requirement that the executive branch spell out its criteria for determining who qualifies as an enemy combatant,” Olson argues.

“‘There won’t be 10 rules that trigger this or 10 rules that end this,’ Olson said in the interview. ‘There will be judgments and instincts and evaluations and implementations that have to be made by the executive that are probably going to be different from day to day, depending on the circumstances.’”

In other words, what is safe to do or say today might imperil your freedom or your life tomorrow. You can never know if you are on the right side of the law, because the “law” is merely the whim of the Leader and his minions: their “instincts” determine your guilt or innocence, and these flutterings in the gut can change from day to day. This radical uncertainty is the very essence of despotism - and it is now, formally and officially, the guiding principle of the United States government.

And underlying this edifice of tyranny is the prerogative of presidential murder. Perhaps the enormity of this monstrous perversion of law and morality has kept it from being fully comprehended. It sounds unbelievable to most people: a president ordering hits like a Mafia don? But that is our reality, and has been for five years. To overcome what seems to be a widespread cognitive dissonance over this concept, we need only examine the record - a record, by the way, taken entirely from publicly available sources in the mass media. There’s nothing secret or contentious about it, nothing that any ordinary citizen could not know - if they choose to know it.

2.
Six days after the 9/11 attacks, George W. Bush signed a “presidential finding” authorizing the CIA to kill those individuals whom he had marked for death as terrorists. This in itself was not an entirely radical innovation; Bill Clinton’s White House legal team had drawn up memos asserting the president’s right to issue “an order to kill an individual enemy of the United States in self-defense,” despite the legal prohibitions against assassination, the Washington Post reported in October 2001. The Clinton team based this ruling on the “inherent powers” of the “Commander in Chief” - that mythical, ever-elastic construct that Bush has evoked over and over to defend his own unconstitutional usurpations.

The practice of “targeted killing” was apparently never used by Clinton, however; despite the pro-assassination memos, Clinton followed the traditional presidential practice of bombing the hell out of a bunch of civilians whenever he wanted to lash out at some recalcitrant leader or international outlaw - as in his bombing of the Sudanese pharmaceutical factory in 1998, or the two massive strikes he launched against Iraq in 1993 and 1998, or indeed the death and ruin that was deliberately inflicted on civilian infrastructure in Serbia during that nation’s collective punishment for the crimes of Slobodan Milosevic. Here, Clinton was following the example set by George H.W. Bush, who killed hundreds, perhaps thousands, of Panamanian civilians in his illegal arrest of Manuel Noriega in 1988, and Ronald Reagan, who killed Moamar Gadafy’s adopted 2-year-old daughter and 100 other civilians in a punitive strike on Libya in 1986.

Junior Bush, of course, was about to outdo all those blunderbuss strokes with his massive air attacks on Afghanistan, which killed thousands of civilians, and the later orgy of death and destruction in Iraq. But he also wanted the power to kill individuals at will. At first, the assassination program was restricted to direct orders from the president aimed at specific targets, as suggested by the Clinton memos. But soon the arbitrary power of life and death was delegated to agents in the field, after Bush signed orders allowing CIA assassins to kill targets without seeking presidential approval for each attack, the Washington Post reported in December 2002. Nor was it necessary any longer for the president to approve each new name added to the target list; the “security organs” could designate “enemy combatants” and kill them as they saw fit. However, Bush was always keen to get the details about the agency’s wetwork, administration officials assured the Post.

The first officially confirmed use of this power was the killing of an American citizen, along with several foreign nationals, by a CIA drone missile in Yemen on November 3, 2002. A similar strike occurred on December 4, 2005, when a CIA missile destroyed a house and purportedly killed Abu Hamza Rabia, a suspected al-Qaeda figure. But the only bodies found at the site were those of two children, the houseowner’s son and nephew, Reuters reports. The grieving father denied any connection to terrorism. An earlier CIA strike on another house missed Rabia but killed his wife and children, Pakistani officials reported.

However, there is simply no way of knowing at this point how many people have been killed by American agents operating outside all judicial process. Most of the assassinations are carried out in secret: quietly, professionally. As a Pentagon document uncovered by the New Yorker in December 2002 revealed, the death squads must be “small and agile,” and “able to operate clandestinely, using a full range of official and non-official cover arrangements to … enter countries surreptitiously.”

What’s more, there are strong indications that the Bush administration has outsourced some of the contracts to outside operators. In the original Post story about the assassinations - in those first heady weeks after 9/11, when administration officials were much more open about “going to the dark side,” as Cheney boasted on national television - Bush insiders told the paper that “it is also possible that the instrument of targeted killings will be foreign agents, the CIA’s term for nonemployees who act on its behalf.

Here we find a deadly echo of the “rendition” program that has sent so many captives to torture pits in Syria, Egypt and elsewhere - including many whose innocence has been officially established, such as the Canadian businessman Maher Arar, German national Khalid El-Masri, UK native Mozzam Begg and many others. They had been subjected to imprisonment and torture despite their innocence, because of intelligence “mistakes.” How many have fallen victim to Bush’s hit squads on similar shaky grounds?

So here we are. Congress has just entrenched the principle of Bush’s “unitary executive” dictatorship into law; and it is this principle that undergirds the assassination program. As I wrote in December, it’s hard to believe that any genuine democracy would accept a claim by its leader that he could have anyone killed simply by labeling them an “enemy.” It’s hard to believe that any adult with even the slightest knowledge of history or human nature could countenance such unlimited, arbitrary power, knowing the evil it is bound to produce. Yet this is exactly what the great and good in America have done.

But this should come as no surprise. They have known about it all along, and have not only countenanced Bush’s death squad, but even celebrated it. I’ll end with one more passage from that December article, which sadly is even more apt for our degraded reality today. It was a depiction of the one of the most revolting scenes in recent American history: Bush’s state of the Union address in January 2003, delivered live to the nation during the final warmongering frenzy before the rape of Iraq:

Trumpeting his successes in the Terror War, Bush claimed that “more than 3,000 suspected terrorists” had been arrested worldwide - “and many others have met a different fate.” His face then took on the characteristic leer, the strange, sickly half-smile it acquires whenever he speaks of killing people: “Let’s put it this way. They are no longer a problem.”

In other words, the suspects - and even Bush acknowledged they were only suspects - had been murdered. Lynched. Killed by agents operating unsupervised in that shadow world where intelligence, terrorism, politics, finance and organized crime meld together in one amorphous, impenetrable mass. Killed on the word of a dubious informer, perhaps: a tortured captive willing to say anything to end his torment, a business rival, a personal foe, a bureaucrat looking to impress his superiors, a paid snitch in need of cash, a zealous crank pursuing ethnic, tribal or religious hatreds - or any other purveyor of the garbage data that is coin of the realm in the shadow world.

Bush proudly held up this hideous system as an example of what he called “the meaning of American justice.” And the assembled legislators … applauded. Oh, how they applauded! They roared with glee at the leering little man’s bloodthirsty, B-movie machismo. They shared his sneering contempt for law - our only shield, however imperfect, against the blind, brute, ignorant, ape-like force of raw power. Not a single voice among them was raised in protest against this tyrannical machtpolitik: not that night, not the next day, not ever.

And now, in September 2006, we know they will never raise that protest. Oh, a few Democrats stood up at the last minute on Thursday to posture nobly about the dangers of the detainee bill - but only when they knew the it was certain to pass, when they had already given up their one weapon against it, the filibuster, in exchange for permission from their Republican masters to offer amendments that they also knew would fail. Had they been offering such speeches since October 2001, when the lineaments of Bush’s presidential tyranny were already clear - or at any other point during the systematic dismantling of America’s liberties over the past five years - these fine words might have had some effect.

Now the killing will go on. The tyranny that has entered upon the country will grow stronger, more brazen; the darkness will deepen. Whitman, thou should’st be living at this hour; America has need of thee. ++

What’s right and good doesn’t come naturally. You have to stand up and fight for it - as if the cause depends on you, because it does. Allow yourself that conceit - to believe that the flame of Democracy will never go out as long as there’s one candle in your hand.
~ Bill Moyers

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.)

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