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8-14 February 2006

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14 February 2006
'The Chap-a-Quick-Dick Incident'
      Cheney Apparently Breaks Key Hunting Rule
      When the Veep Shoots Someone
      White House Deferred to Cheney on Shooting
      White House Takes Fire in Cheney Hunting Mishap
      No End to Questions on Cheney Hunting Incident
UN Report: U.S. Is Abusing Torturing Captives
Democracy by US Rules
'Business Rules': Clients' Rewards Keep K Street Lobbyists Thriving
Abramoff Said to Claim Close Ties to Rove
Chertoff Announces FEMA Overhaul Plans - Just In Time
U.S. Royalty Plan to Give Windfall to Oil Companies
13 February 2006
Bush Breaking the of American Democracy
Iraqi Shiites Nominate Jafari for Top Position
The Destroyers
Republicans' Report on Katrina Assails Response
Debt and Denial
Inquiry Into Wiretapping Article Widens
12 February 2006
Love-making Compromises McCain Veracity
A Better Choice for Conservatives...
Smoking Dutch Cleanser
Delusion and Deception
Chertoff and Bush Were 'Disengaged' from Disaster
House Majority Leader's Views Sometimes in Minority of Party
11 February 2006
Ex-CIA Official Faults Use of Data on Iraq
Intelligence, Policy,and the War in Iraq
Ex-C.I.A. Official Says Iraq Data Was Distorted
Republican Speaks Up, Leading Others to Challenge Wiretaps
Trade Gap Hits Record For 4th Year In a Row
Ex-Cheney Aide Testified Leak Was Ordered, Prosecutor Says
Censorship Is Alleged at NOAA
Bob Barr, Bane of the Right?
Brown Blames Superiors For Response to Katrina
Delusion and Deception
10 February 2006
Secret Court's Judges Were Warned About NSA Spy Data
Libby: White House 'Superiors' OK'd Leaks
White House Knew of Levee's Failure on Night of Storm
Bush Says Spy Work Helped Stop 2002 Attack
Spinning and Controlling Science
Illegal and Inept
Tough U.S. Steps in Hunger Strike at Camp in Cuba
The Vanishing Future
9 February 2006
Condaleeza Rice is a Liar: Blames Syria, Iran for Inciting Violence over Caricatures of Prophet
US Plans Massive Data Sweep
Wanted: Competent Big Brothers
DeLay Lands Coveted Appropriations Spot
Budget Shortfall Forces Renewable Energy Laboratory to Lay Off 32 Staff
Bush's Social Security Sleight of Hand
8 February 2006
US General Maps Out Strategic Refit for Iraq, Middle East and Asia
Republican Who Oversees N.S.A. Calls for Wiretap Inquiry
Gonzales Faces Sharp Questioning on Eavesdropping
Ex-President Carter: Eavesdropping Illegal
NPR Summary of Wiretap Issues
The Wrong Wiretap Debate
Muttering at the World Bank
A Young Bush Appointee Resigns His Post at NASA
 

14 February 2006

'The Chap-a-Quick-Dick Incident'
A brazen failure to inform until after political ramifications are assessed...

It's almost like driving off a bridge...
Cheney Apparently Breaks Key Hunting Rule
By NEDRA PICKLER
AP via SF Chronicle, 13 February 2006

Vice President Dick Cheney apparently broke the No. 1 rule of hunting: Be sure of what you're shooting at. He also violated Texas game law by failing to buy a hunting stamp.
Cheney wounded fellow hunter Harry Whittington in the face, neck and chest Saturday, apparently because he didn't see Whittington approaching as he fired on a covey of quail in Texas.
Hunting safety experts interviewed Monday agreed it would have been a good idea for Whittington to announce himself -- something he apparently didn't do, according to a witness. But they stressed that the shooter is responsible for avoiding other people.
"It's incumbent upon the shooter to assess the situation and make sure it's a safe shot," said Mark Birkhauser, president-elect of the International Hunter Education Association and hunter education coordinator in New Mexico. "Once you squeeze that trigger, you can't bring that shot back."
SEE ALSO:
Shooting from the hip is a hard habit to break...

When the Veep Shoots Someone
Washington Post, 14 February 2006

How is it that the vice president of the United States can shoot and wound someone and the American public doesn't learn of it until 18 hours later -- and then only because the owner of the location where the event occurred decided the next day to tell a local reporter? The White House has no satisfactory answer; neither does the vice president's office.
...Mr. Cheney did not check his official title at the Armstrongs' front gate. That was no private citizen who pulled the trigger, sending someone to the hospital. That act, though accidental -- and doubtless both agonizing and embarrassing -- was committed by the country's second-highest public official. Neither Mr. Cheney nor the White House gets to pick and choose when to disclose a shooting. Saturday's incident required immediate public disclosure -- a fact so elementary that the failure to act properly is truly disturbing in its implications.
SEE ALSO:
Shoot first, ask questions later...
White House Deferred to Cheney on Shooting

In a Break With Policy, Hunting Accident Was Not Disclosed for 14 Hours
By Jim VandeHei and Sylvia Moreno
Washington Post, 14 February 2006

The 78-year-old Texas lawyer who was shot by Vice President Cheney in a hunting accident this weekend was moved from intensive care in stable condition yesterday as new details emerged showing that the White House allowed Cheney to decide when and how to disclose details of the shooting to the local sheriff and the public the next morning.
President Bush and White House Deputy Chief of Staff Karl Rove were told of the shooting Saturday night but deferred to Cheney on providing information to the public, White House aides said. In what one official described as a break with the White House practice of disclosing such high-level mishaps immediately, Cheney waited more than 14 hours after the shooting to disclose it publicly.
SEE ALSO:

White House Takes Fire in Cheney Hunting Mishap
By Alan C. Miller, James Gerstenzang and Edwin Chen, Times Staff Writers
LA Times, 13 February 2006

The Bush White House took a pounding from reporters today for not immediately disclosing Saturday night that Vice President Dick Cheney had accidentally shot a fellow hunter, sending him to the hospital with shotgun pellet wounds in his face and chest.
During his daily briefing, Press Secretary Scott McClellan said that Cheney had agreed to allow a member of the hunting party and an eyewitness to the shooting, Katharine Armstrong, to call a reporter for the Corpus Christi Caller-Times on Sunday to report the incident.
The newspaper quickly posted the story on its website. Cheney's press aides then answered some rudimentary questions, but provided few details.
The incident at the vast Armstrong family ranch in South Texas occurred about 5:30 p.m. Saturday. The victim was Harry Whittington, an Austin attorney, who was listed in stable condition today at Christus Spohn Hospital in Corpus Christi.
Peter Banko, the hospital administrator, said Whittington would be transferred to a "step-down" unit later today, indicating progress in the treatment.
McClellan insisted that the vice president's and his staff's overriding concern after the shooting was getting Whittington proper medical care. McClellan said that top White House aides, including chief of staff Andrew H. Card Jr., were being updated in Washington with fragmentary information throughout the night and into the wee hours of Sunday morning.
"The initial report that we received was that there had been a hunting accident. We didn't know who all was involved, but a member of his party was involved in that hunting accident, and then additional details continued to come in overnight,'' McClellan said.
"It's important always to work to make sure you get information out like this as quickly as possible, but it's also important to make sure that the first priority is focused where it should be, and that is making sure that Mr. Whittington has the care that he needs,'' he said.
After the shooting, Cheney rushed to Whittington's assistance, McClellan said.
The Bush White House and the president himself are known for limiting information to not only the press but also to members of Congress, as seen in the debate over the domestic surveillance program by the National Security Agency and the congressional investigation of the administration's handling of the Hurricane Katrina disaster.
SEE ALSO:
No End to Questions on Cheney Hunting Incident
By ANNE E. KORNBLUT and RALPH BLUMENTHAL
NYT, 13 February 2006

The White House sought with little success on Monday to quell an uproar over why it took the better part of a day to disclose that Vice President Dick Cheney had accidentally wounded a fellow hunter in Texas on Saturday and why even President Bush initially got an incomplete report on the shooting.
The victim, Harry Whittington, a 78-year-old lawyer, was transferred from the intensive care unit to a private room in a Corpus Christi hospital on Monday. His condition remained listed as stable, with wounds to his face, neck, chest and rib cage from the pellets sprayed at him from 30 yards away by Mr. Cheney's shotgun.
Calls to Mr. Whittington's room were routed to the hospital's marketing department, which said it was taking messages for him, but he did not return a call.
Texas officials said on Monday night that Mr. Cheney would be issued a warning citation for hunting without a proper game stamp on his license. The local sheriff said an investigation had concluded that the episode was "no more than an accident."
At the White House, Mr. Cheney made no statement on Monday and remained out of public view. At the end of a meeting with Secretary General Kofi Annan of the United Nations, Mr. Cheney and Mr. Bush exchanged remarks that reporters were about to enter the room, and the vice president left before the journalists arrived.
...Among the people with him at the Armstrong Ranch in South Texas was his host Katharine Armstrong, a lobbyist and longtime friend of Mr. Cheney. Her lobbying clients include several that do business with the federal government, though Ms. Armstrong said she did not believe that she had ever lobbied Mr. Cheney.
In an interview, Ms. Armstrong said that it did not occur to anyone in the hunting party to make news of the shooting public immediately, but that no one, including Mr. Cheney, had called for holding it back. She said Mr. Cheney participated in discussions on Sunday morning about disclosing the incident, agreeing that it should be made public but deferring to the Armstrong family on how to do so.
On Sunday morning, Ms. Armstrong tipped off her local newspaper, the Corpus Christi Caller-Times, to the story. It was later picked up by national wire services and confirmed by Mr. Cheney's office.
The incident provided a wealth of material for Democrats, gun control activists and critics of the Bush administration, not to mention late-night comedians.
Mr. McClellan struggled at times to explain even the most basic details in the case, including when and how Mr. Bush was informed about it.
In the end, White House officials said Mr. Bush learned about the shooting accident at 7:30 p.m. Eastern time, about an hour after it happened, in a call from Andrew H. Card Jr., his chief of staff. But Mr. Bush did not find out that Mr. Cheney fired the shot until about half an hour later in a subsequent call from Karl Rove, his senior adviser and deputy chief of staff, who had called Ms. Armstrong to ask about the incident.

UN Report: U.S. Is Abusing Torturing Captives
A U.N. inquiry says the treatment of detainees at Guantanamo Bay at times amounts to torture and violates international law.
By Maggie Farley
LA Times, 13 February 2006

A draft United Nations report on the detainees at Guantanamo Bay concludes that the U.S. treatment of them violates their rights to physical and mental health and, in some cases, constitutes torture.
It also urges the United States to close the military prison in Cuba and bring the captives to trial on U.S. territory, charging that Washington's justification for the continued detention is a distortion of international law.
The report, compiled by five U.N. envoys who interviewed former prisoners, detainees' lawyers and families, and U.S. officials, is the product of an 18-month investigation ordered by the U.N. Commission on Human Rights. The team did not have access to prisoners at Guantanamo Bay.
Nonetheless, its findings — notably a conclusion that the violent force-feeding of hunger strikers, incidents of excessive violence used in transporting prisoners and combinations of interrogation techniques "must be assessed as amounting to torture" — are likely to stoke U.S. and international criticism of the prison.
Nearly 500 people captured abroad since 2002 in Afghanistan and elsewhere and described by the U.S. as "enemy combatants" are being held at Guantanamo Bay.
"We very, very carefully considered all of the arguments posed by the U.S. government," said Manfred Nowak, the U.N. special rapporteur on torture and one of the envoys. "There are no conclusions that are easily drawn. But we concluded that the situation in several areas violates international law and conventions on human rights and torture."
The draft report, reviewed by the Los Angeles Times, has not been officially released. U.N. officials are in the process of incorporating comments and clarifications from the U.S. government.
In November, the Bush administration offered the U.N. team the same tour of the prison given to journalists and members of Congress, but refused the envoys access to prisoners. Because of that, the U.N. group declined the visit.

'Democracy by US Rules'
U.S.
and Israelis Are Said to Talk of Hamas Ouster
By STEVEN ERLANGER
NYT, 14 February 2006

The United States and Israel are discussing ways to destabilize the Palestinian government so that newly elected Hamas officials will fail and elections will be called again, according to Israeli officials and Western diplomats.
The intention is to starve the Palestinian Authority of money and international connections to the point where, some months from now, its president, Mahmoud Abbas, is compelled to call a new election. The hope is that Palestinians will be so unhappy with life under Hamas that they will return to office a reformed and chastened Fatah movement.
The officials also argue that a close look at the election results shows that Hamas won a smaller mandate than previously understood.
The officials and diplomats, who said this approach was being discussed at the highest levels of the State Department and the Israeli government, spoke on condition of anonymity because they are not authorized to speak publicly on the issue.
They say Hamas will be given a choice: recognize Israel's right to exist, forswear violence and accept previous Palestinian-Israeli agreements — as called for by the United Nations and the West — or face isolation and collapse.

'Business Rules'
Clients' Rewards
Keep K Street Lobbyists Thriving
By Jeffrey H. Birnbaum
Washington Post, 14 February 2006

A few years ago, a coalition of 60 corporations -- including Pfizer, Hewlett-Packard and Altria -- made an expensive wager. They spent $1.6 million in lobbying fees -- a hefty amount even by recent K Street standards -- to persuade Congress to create a special low tax rate that they could apply to earnings from their foreign operations for one year.
The effort faltered at first, but eventually the bet paid off big. In late 2004, President Bush signed into law a bill that reduced the rate to 5 percent, 30 percentage points below the existing levy. More than $300 billion in foreign earnings has since poured into the United States, saving the companies roughly $100 billion in taxes.
Although not every political battle yields $100 billion, the return on investment in lobbying is often so substantial that experts and insiders agree that Washington's influence industry will continue to thrive no matter how lawmakers decide to rein it in.
...Annual fees paid to registered lobbyists reached $2.1 billion in 2004 -- the latest full year for which figures are available -- a 40 percent increase from 1999. For 2005, lobbying revenue is on pace to rise by at least $300 million.
The $100 billion tax bonanza that companies saved on foreign earnings helps explain the surge. Former representative Bill Archer, a Republican from Texas, championed the idea of bringing the earnings home tax-free when he chaired the House Ways and Means Committee in the 1990s. But it wasn't until he retired and became a lobbyist in 2001 that the effort finally got some legs. He was asked to lead the coalition and pressed the case for two years before the tax holiday became law.

Abramoff Said to Claim Close Ties to Rove
By JOHN SOLOMON and PETE YOST
AP via LA Times, 14 February 2006

Three former associates of Jack Abramoff said Monday that the now-disgraced lobbyist frequently told them during his lobbying work he had strong ties to the White House through presidential confidant Karl Rove.
The White House said Monday that Rove remembers meeting Abramoff at a 1990s political meeting and considered the lobbyist a "casual acquaintance" since President Bush took office in 2001.
New questions have arisen about Abramoff's ties to the White House since a photo emerged over the weekend showing Abramoff with Bush. Also surfacing were the contents of an e-mail from Abramoff to Washingtonian magazine claiming he had met briefly with the president nearly a dozen times.
Three former business associates of Abramoff, who worked with the lobbyist in various roles between 2001 and 2004, told The Associated Press that Abramoff routinely mentioned Rove when talking about his influence inside the White House.
One said he was present when Abramoff took a call from Rove's office to confirm a White House meeting had been approved between Malaysia's prime minister and Bush in May 2002. Abramoff was being paid by Malaysia for helping it in Washington, according to evidence the Senate has made public.
All three associates would describe the Abramoff comments only on condition of anonymity, citing the ongoing investigation of Abramoff's work and fears that speaking out could affect their current businesses. At least one said he had been interviewed by the FBI.
Abramoff was a $100,000 fundraiser for Bush and lobbying records obtained by the AP show his lobbying team logged nearly 200 meetings with the administration during its first 10 months in office on behalf of one of his clients, the Northern Mariana Islands.
The contacts between Abramoff's team and the administration included meetings with Attorney General John Ashcroft and policy advisers to Vice President Dick Cheney, the AP reported last year.
Abramoff's former assistant, Susan Ralston, went to work for Rove in 2001. Abramoff's legal team declined comment Monday night.
Abramoff has pleaded guilty in a fraud and bribery conspiracy case and is cooperating with prosecutors' investigation into those in Congress and the administration he used to lobby.
Asked about the three former Abramoff associates' account, the White House said Rove shared a common past with Abramoff as leaders of a young Republicans group decades ago.

Chertoff Announces FEMA Overhaul Plans
By Edwin Chen
LA Times, 13 February 2006

Under fire for his department's inept response to Hurricane Katrina, Homeland Security Secretary Michael Chertoff today announced broad changes in the way the Federal Emergency Management Agency and its parent agency will respond to future natural disasters.
Chertoff's announcement came as government investigators laid out for lawmakers on Capitol Hill new details about how FEMA, through waste, mismanagement and accounting flaws, misspent millions of dollars in public funds.
...The information emerged from two audits that reviewed how $85 billion in federal funds for hurricane relief were being spent. The audits were conducted by the Government Accountability Office and the Homeland Security Department's Office of Inspector General.
The auditors found that as many as 900,000 of the 2.5 million applicants who received help from FEMA's emergency cash assistance program — which included the $2,000 debit cards given to evacuees — had duplicate or invalid Social Security numbers, or used false addresses and names.
Thousands of additional dollars appeared to have been wasted on hotel rooms for evacuees that were paid at retail rather than the contractor's lower estimated cost, the investigators found. These included $438 rooms in New York City and beachfront condominiums in Panama City, Fla., at $375 a night, according to the audits.
In addition, Richard Skinner, the inspector general of the Department of Homeland Security, told the Senate Homeland Security Committee that FEMA had purchased almost 25,000 manufactured homes — at a cost of $857.8 million — to temporarily house Katrina victims. But most of those homes are unused and the government is paying to store them, he said. And nearly 11,000 of the units are sitting at a government site in Hope, Ark., and are deteriorating because they were improperly stored, he said.

U.S. Royalty Plan to Give Windfall to Oil Companies
By EDMUND L. ANDREWS
NYT, 13 February 2006

The federal government is on the verge of one of the biggest giveaways of oil and gas in American history, worth an estimated $7 billion over five years.
New projections, buried in the Interior Department's just-published budget plan, anticipate that the government will let companies pump about $65 billion worth of oil and natural gas from federal territory over the next five years without paying any royalties to the government.
Based on the administration figures, the government will give up more than $7 billion in payments between now and 2011. The companies are expected to get the largess, known as royalty relief, even though the administration assumes that oil prices will remain above $50 a barrel throughout that period.
Administration officials say that the benefits are dictated by laws and regulations that date back to 1996, when energy prices were relatively low and Congress wanted to encourage more exploration and drilling in the high-cost, high-risk deep waters of the Gulf of Mexico.
"We need to remember the primary reason that incentives are given," said Johnnie M. Burton, director of the federal Minerals Management Service. "It's not to make more money, necessarily. It's to make more oil, more gas, because production of fuel for our nation is essential to our economy and essential to our people."
But what seemed like modest incentives 10 years ago have ballooned to levels that have alarmed even ardent supporters of the oil and gas industry, partly because of added sweeteners approved during the Clinton administration but also because of ambiguities in the law that energy companies have successfully exploited in court.
Short of imposing new taxes on the industry, there may be little Congress can do to reverse its earlier giveaways.

13 February 2006

Bush Breaking the of American Democracy
The Trust Gap
NYT's editorial, 12 February 2006

We can't think of a president who has gone to the American people more often than George W. Bush has to ask them to forget about things like democracy, judicial process and the balance of powers — and just trust him. We also can't think of a president who has deserved that trust less.
This has been a central flaw of Mr. Bush's presidency for a long time. But last week produced a flood of evidence that vividly drove home the point.
DOMESTIC SPYING
After 9/11, Mr. Bush authorized the National Security Agency to eavesdrop on the conversations and e-mail of Americans and others in the United States without obtaining a warrant or allowing Congress or the courts to review the operation. Lawmakers from both parties have raised considerable doubt about the legality of this program, but Attorney General Alberto Gonzales made it clear last Monday at a Senate hearing that Mr. Bush hasn't the slightest intention of changing it.
According to Mr. Gonzales, the administration can be relied upon to police itself and hold the line between national security and civil liberties on its own. Set aside the rather huge problem that our democracy doesn't work that way. It's not clear that this administration knows where the line is, much less that it is capable of defending it. Mr. Gonzales's own dedication to the truth is in considerable doubt. In sworn testimony at his confirmation hearing last year, he dismissed as "hypothetical" a question about whether he believed the president had the authority to conduct warrantless surveillance. In fact, Mr. Gonzales knew Mr. Bush was doing just that, and had signed off on it as White House counsel.
THE PRISON CAMPS
It has been nearly two years since the Abu Ghraib scandal illuminated the violence, illegal detentions and other abuses at United States military prison camps. There have been Congressional hearings, court rulings imposing normal judicial procedures on the camps, and a law requiring prisoners to be treated humanely. Yet nothing has changed. Mr. Bush also made it clear that he intends to follow the new law on the treatment of prisoners when his internal moral compass tells him it is the right thing to do.
On Thursday, Tim Golden of The Times reported that United States military authorities had taken to tying up and force-feeding the prisoners who had gone on hunger strikes by the dozens at Guantánamo Bay to protest being held without any semblance of justice. The article said administration officials were concerned that if a prisoner died, it could renew international criticism of Gitmo. They should be concerned. This is not some minor embarrassment. It is a lingering outrage that has undermined American credibility around the world.
According to numerous news reports, the majority of the Gitmo detainees are neither members of Al Qaeda nor fighters captured on the battlefield in Afghanistan. The National Journal reported last week that many were handed over to the American forces for bounties by Pakistani and Afghan warlords. Others were just swept up. The military has charged only 10 prisoners with terrorism. Hearings for the rest were not held for three years and then were mostly sham proceedings.
And yet the administration continues to claim that it can be trusted to run these prisons fairly, to decide in secret and on the president's whim who is to be jailed without charges, and to insist that Gitmo is filled with dangerous terrorists.
THE WAR IN IRAQ
One of Mr. Bush's biggest "trust me" moments was when he told Americans that the United States had to invade Iraq because it possessed dangerous weapons and posed an immediate threat to America. The White House has blocked a Congressional investigation into whether it exaggerated the intelligence on Iraq, and continues to insist that the decision to invade was based on the consensus of American intelligence agencies.
But the next edition of the journal Foreign Affairs includes an article by the man in charge of intelligence on Iraq until last year, Paul Pillar, who said the administration cherry-picked intelligence to support a decision to invade that had already been made. He said Mr. Bush and Vice President Dick Cheney made it clear what results they wanted and heeded only the analysts who produced them. Incredibly, Mr. Pillar said, the president never asked for an assessment on the consequences of invading Iraq until a year after the invasion. He said the intelligence community did that analysis on its own and forecast a deeply divided society ripe for civil war.
When the administration did finally ask for an intelligence assessment, Mr. Pillar led the effort, which concluded in August 2004 that Iraq was on the brink of disaster. Officials then leaked his authorship to the columnist Robert Novak and to The Washington Times. The idea was that Mr. Pillar was not to be trusted because he dissented from the party line. Somehow, this sounds like a story we have heard before.
Like many other administrations before it, this one sometimes dissembles clumsily to avoid embarrassment. (We now know, for example, that the White House did not tell the truth about when it learned the levees in New Orleans had failed.) Spin-as-usual is one thing. Striking at the civil liberties, due process and balance of powers that are the heart of American democracy is another.

Iraqi Shiites Nominate Jafari for Top Position
By Nelson Hernandez
Washington Post, 13 February 2006

Ibrahim Jafari, the soft-spoken Shiite Muslim doctor and Iraq's current interim leader, won his coalition's nomination for the post of prime minister by a single vote Sunday, putting him on course to head the country's first full-term government since the fall of Saddam Hussein.
Over a four-year term, Jafari will be expected to confront the vast challenges Iraq faces -- a crumbling infrastructure and rampant violence -- despite the failure to solve these problems during his tenure as leader of Iraq's interim government.
The decision represents a setback for some Iraqis and U.S. officials who would have preferred a more secular leader.

The Destroyers
By BOB HERBERT
NYT, 13 February 2006

...Most of the discussions in the media about the Bush administration and its allies center on how the president is doing politically. Is he up or down in the polls? Are the Democrats gaining steam, or will the Republicans make them look like wimps again when it comes to national security? How harsh is the song that Jack Abramoff is singing? And what about those pictures of Mr. Abramoff with the president?
Talk about focusing on the trees! The forest in this instance is the incredible mess that the Bush crowd has made with its policy blunders, relentless duplicity and outright incompetence. This sorry track record has resulted in, among other things, the horrible suffering and premature deaths of thousands of men, women and children.
...The litany of tragic incompetence continued unabated last week. On Wednesday we learned that the federal government has still been unable to provide the trailers it promised as temporary shelters for tens of thousands of people driven from their homes by the hurricanes that slammed the Gulf Coast last summer.
As for Iraq, James Glanz reported in The Times on Thursday that newly declassified statistics on insurgent violence "appear to portray a rebellion whose ability to mount attacks has steadily grown in the nearly three years since the invasion."
Mr. Glanz has also reported that despite an infusion of $16 billion in American taxpayer money, virtually every measure of the performance of Iraq's oil, electricity, water and sewage sectors has fallen below prewar levels, according to government witnesses who testified at a Senate committee hearing.
I wouldn't hold my breath waiting for the Bush administration to rebuild Iraq or New Orleans. These are not the folks you'd call on to create a shining city on a hill. This is a crowd that's more comfortable with the destructive arts — squandering money, wasting lives and undermining the potential of a great nation like the U.S.
Can you imagine what Republican politicians and conservative commentators would be saying if a Democratic president — say Al Gore or Hillary Clinton — had compiled exactly the same track record over the past five years as George W. Bush?

Republicans' Report on Katrina Assails Response
By ERIC LIPTON
NYT, 13 February 2006

House Republicans plan to issue a blistering report on Wednesday that says the Bush administration delayed the evacuation of thousands of New Orleans residents by failing to act quickly on early reports that the levees had broken during Hurricane Katrina.
A draft of the report, to be issued by an 11-member, all-Republican committee, says the Bush administration was informed on the day Hurricane Katrina hit that the levees had been breached, even though the president and other top administration officials earlier said that they had learned of the breach the next day.
That delay was significant, the report says, rejecting the defense given by the White House and the Department of Homeland Security that the time it took to recognize the breach did not significantly affect the response.
"If the levees breached and flooded a large portion of the city, then the flooded city would have to be completely evacuated," the draft report says. "Any delay in confirming the breaches would result in a delay in the post-landfall evacuation of the city." It adds that the White House itself discounted damage reports that later proved true.
The report, by the select House committee examining the government's response to Hurricane Katrina, is the first of three major investigations into the subject; the others, for which reports are expected within one or two months, are being conducted by a Senate committee and by the White House.

Debt and Denial
By PAUL KRUGMAN
NYT, 13 February 2006

Last year America spent 57 percent more than it earned on world markets. That is, our imports were 57 percent larger than our exports.
How did we manage to live so far beyond our means? By running up debts to Japan, China and Middle Eastern oil producers. We're as addicted to imported money as we are to imported oil.
...Denial takes a more systematic form within the federal government, where Dick Cheney is doing to budget analysis what he did to intelligence on Iraq. Last week Mr. Cheney announced that a newly created division within the Treasury Department would show that tax cuts increase, not reduce, federal revenue. That's the Bush-Cheney way: decide on your conclusions first, then demand that analysts produce evidence supporting those conclusions.
But serious analysts know that America's borrowing binge is unsustainable. Sooner or later the trade deficit will have to come down, the housing boom will have to end, and both American consumers and the U.S. government will have to start living within their means.
So how bad will it be? It depends on how the binge ends. If it tapers off gradually, the U.S. economy will be able to shift workers out of sectors that have benefited from the housing boom and the consumption spree into sectors that produce exports or replace imports. Given time, we could bring the trade deficit down and bring housing back to earth without a net loss in jobs.
In practice, however, a "soft landing" looks unlikely, because too many economic players have unrealistic expectations. This is true of international investors, who are still snapping up U.S. bonds at low interest rates, seemingly oblivious both to the budget deficit and to the consensus view among trade experts that the dollar will eventually have to fall 30 percent or more to eliminate the trade deficit.
It's equally true of American home buyers. Most Americans live in regions where housing remains affordable. But a detailed new study by HSBC, a multinational bank, confirms what I and others have been saying: most of the rise in housing values has taken place in a "bubble zone" along the coasts, where housing prices have risen far more than the economic fundamentals warrant. According to HSBC's estimates, houses in the bubble zone are overvalued by between 35 and 40 percent, creating trillions of dollars of illusory wealth.
So it seems all too likely that America's borrowing binge will end with a bang, not a whimper, that spending will suddenly drop off as both the bond market and the housing market experience rude awakenings. If that happens, the economic consequences will be ugly.
All in all, Alan Greenspan, who helped create this situation, can consider himself lucky that he's safely out of office, giving briefings to hedge fund managers at $250,000 a pop. And his successor may be in for a rough ride. Best wishes and good luck, Ben; you may need it.

Inquiry Into Wiretapping Article Widens
By DAVID JOHNSTON
NYT, 12 February 2006

Federal agents have interviewed officials at several of the country's law enforcement and national security agencies in a rapidly expanding criminal investigation into the circumstances surrounding a New York Times article published in December that disclosed the existence of a highly classified domestic eavesdropping program, according to government officials.
The investigation, which appears to cover the case from 2004, when the newspaper began reporting the story, is being closely coordinated with criminal prosecutors at the Justice Department, the officials said. People who have been interviewed and others in the government who have been briefed on the interviews said the investigation seemed to lay the groundwork for a grand jury inquiry that could lead to criminal charges.
The inquiry is progressing as a debate about the eavesdropping rages in Congress and elsewhere. President Bush has condemned the leak as a "shameful act." Others, like Porter J. Goss, the C.I.A. director, have expressed the hope that reporters will be summoned before a grand jury and asked to reveal the identities of those who provided them classified information.
Mr. Goss, speaking at a Senate intelligence committee hearing on Feb. 2, said: "It is my aim and it is my hope that we will witness a grand jury investigation with reporters present being asked to reveal who is leaking this information. I believe the safety of this nation and the people of this country deserve nothing less."
The case is viewed as potentially far reaching because it places on a collision course constitutional principles that each side regards as paramount. For the government, the investigation represents an effort to punish those responsible for a serious security breach and enforce legal sanctions against leaks of classified information at a time of heightened terrorist threats. For news organizations, the inquiry threatens the confidentiality of sources and the ability to report on controversial national security issues free of government interference.

12 February 2006

Love-making Compromises McCain Veracity
For
Possible '08 Run, McCain Is Courting Bush Loyalists
By Dan Balz
Washington Post, 12 February 2006

Sen. John McCain (R-Ariz.), a man in perpetual motion, flew to South Carolina on Jan. 16. His stops included a tribute to Martin Luther King Jr. and speeches to local Republican groups. But one of his most important events was not on the public schedule -- a 5 p.m. meeting at a Spartanburg hotel with loyalists to President Bush.
A dozen or so people were in attendance. At least two were among Bush's major national fundraisers. Virtually all had been on Bush's side in the bitter 2000 South Carolina primary that badly damaged McCain's chances of winning the presidential nomination and scarred the relationship between the two men and their rival political camps. McCain was there to woo them.
...Most important may be the admiration McCain earned for his steadfast support of Bush in the 2004 campaign and his unyielding defense of the president's decision to go to war in Iraq. Despite a public quarrel with Bush over torture policy late last year, a number of Republicans loyal to Bush now see McCain as perhaps best positioned to continue the president's national security policies.
Sen. Lindsey O. Graham (R-S.C.), a McCain supporter who helped arrange the Arizona senator's South Carolina itinerary, called the confluence of events "gifts of the political gods," adding, "Nobody's going to get to the right of John on the war or spending."
SEE ALSO:
A Better Choice for Conservatives...
The Heartland Dissident
By JOSEPH LELYVELD
NYT's Magazine, 12 February 2006

With a bluntness that seems habitual — and more than occasionally strikes fellow Republicans as disloyal — Senator Chuck Hagel started voicing skepticism about the Bush administration's fixation on Iraq as a place to fight the Global War on Terror more than half a year before the president gave the go-ahead for the assault. What the senator said in public was milder than what he said in private conversations with foreign-policy gurus like Brent Scowcroft, the national security adviser in another Bush administration, or his friend Colin Powell, the secretary of state, who thought he still had a chance to steer the administration on a diplomatic course. The Nebraskan wanted to believe Powell but, deep down, felt the White House wasn't going to be diverted from its drive to topple Saddam Hussein. When he rose on the Senate floor that October to explain his vote in favor of the resolution authorizing force — he'd persuaded himself that his vote might strengthen Powell's hand — he gave a speech that would have required no editing had he decided to vote against it. What sounded then to the venture's true believers like the scolding of a Cassandra sounds fairly obvious three and a half years later, which is to say that Hagel's words can reasonably be read as prescient: "How many of us really know and understand Iraq, its country, history, people and role in the Arab world?. . .The American people must be told of the long-term commitment, risk and cost of this undertaking. We should not be seduced by the expectations of dancing in the streets." The president had said "precious little" about post-Saddam Iraq, which could prove costly, Hagel warned, "in both American blood and treasure."
As the months and years wore on, Senator Hagel's public musings on Iraq became less measured, as if his gorge rose a little higher with each day's casualty report. He would say that the White House was out of touch with reality, that the reconstruction effort in Iraq was "beyond pitiful," that he had lost confidence in Secretary of Defense Donald Rumsfeld, that we were losing the war and had destabilized the Middle East, that the United States was getting "bogged down" in Iraq the way it had been in Vietnam. Some of these observations flew into print during the 2004 presidential race, and one of them, the "beyond pitiful" line, was seized upon by John Kerry, the Democratic candidate, in his second debate with President Bush. At the Republican grass roots in Nebraska and in the upper reaches of his party in Washington, the senator's candor was not universally viewed as refreshing. His timing was held against him even more than his dissent. ("Maybe his criticisms are valid," a letter to The Omaha World-Herald said, "but why showcase them and lend credence to the liberal opposition?") Obviously, this was not a team player. Some of his closest friends and supporters fretted that he was killing whatever small chance he might have had to be the national candidate he plainly aspired to be. Now — 33 months before a presidential election, two years before the first primaries — his chances aren't merely discounted; he's seldom even mentioned in Republican circles, as if he has been sidelined by his independence on Iraq.

Smoking Dutch Cleanser
By MAUREEN DOWD
NYT, 11 February 2006

Vice President Dick Cheney bitterly complains that national security leaks are endangering America. Unless, of course, he's doing the leaking, tapping Scooter Libby to reveal national security information to punish a political critic.
President Bush says he will not talk about specific security threats to America. Unless, of course, he needs to talk about a specific threat to Los Angeles to confuse the public and gain some cheap political advantage.
The White House says it has done everything possible to protect the homeland. Unless, of course, it hasn't. Then it can lie to hide the callous portrait of Incurious George in Crawford as New Orleans drowned.
The attorney general can claim that torture and warrantless wiretapping are legal, and can mislead Congress. Unless, of course, enough Republicans stand up and say, as Arlen Specter told The Washington Post, that if that lickspittle lawyer thinks all this is legal, "he's smoking Dutch Cleanser."
The president doesn't know the Indian Taker Jack Abramoff. Unless, of course, W. has met with him a dozen times, invited him to Crawford and joked with him about his kids.
The Bushies can continue to claim that the invasion of Iraq was justified because Saddam was a threat to our security. Unless, of course, he wasn't, and the Cheney cabal was simply abusing the trust of Americans to push a wild-eyed political scheme.
At the Bush White House, the mere evocation of the word "terror" justifies breaking any law, contravening any convention, despoiling any ideal, electing any Republican and brushing off any failure to govern.

Delusion and Deception
Intelligence, Policy,and the War in Iraq
By Paul R. Pillar
From Foreign Affairs, March/April 2006

   ...the principal way that the intelligence community's work on Iraq was politicized concerned the specific questions to which the community devoted its energies. As any competent pollster can attest, how a question is framed helps determine the answer. In the case of Iraq, there was also the matter of sheer quantity of output -- not just what the intelligence community said, but how many times it said it. On any given subject, the intelligence community faces what is in effect a field of rocks, and it lacks the resources to turn over every one to see what threats to national security may lurk underneath. In an unpoliticized environment, intelligence officers decide which rocks to turn over based on past patterns and their own judgments. But when policymakers repeatedly urge the intelligence community to turn over only certain rocks, the process becomes biased. The community responds by concentrating its resources on those rocks, eventually producing a body of reporting and analysis that, thanks to quantity and emphasis, leaves the impression that what lies under those same rocks is a bigger part of the problem than it really is.
   That is what happened when the Bush administration repeatedly called on the intelligence community to uncover more material that would contribute to the case for war. The Bush team approached the community again and again and pushed it to look harder at the supposed Saddam-al Qaeda relationship -- calling on analysts not only to turn over additional Iraqi rocks, but also to turn over ones already examined and to scratch the dirt to see if there might be something there after all. The result was an intelligence output that -- because the question being investigated was never put in context -- obscured rather than enhanced understanding of al Qaeda's actual sources of strength and support.
   This process represented a radical departure from the textbook model of the relationship between intelligence and policy, in which an intelligence service responds to policymaker interest in certain subjects (such as "security threats from Iraq" or "al Qaeda's supporters") and explores them in whatever direction the evidence leads. The process did not involve intelligence work designed to find dangers not yet discovered or to inform decisions not yet made. Instead, it involved research to find evidence in support of a specific line of argument -- that Saddam was cooperating with al Qaeda -- which in turn was being used to justify a specific policy decision.
...One possible consequence of such politicization is policymaker self-deception. A policymaker can easily forget that he is hearing so much about a particular angle in briefings because he and his fellow policymakers have urged the intelligence community to focus on it. A more certain consequence is the skewed application of the intelligence community's resources.

Chertoff and Bush Were 'Disengaged' from Disaster
Homeland Security, Chertoff Singled Out
By Spencer S. Hsu
Washington Post, 12 February 2006

Hurricane Katrina exposed the U.S. government's failure to learn the lessons of the Sept. 11, 2001, terrorist attacks, as leaders from President Bush down disregarded ample warnings of the threat to New Orleans and did not execute emergency plans or share information that would have saved lives, according to a blistering report by House investigators.
A draft of the report, to be released publicly Wednesday, includes 90 findings of failures at all levels of government, according to a senior investigation staffer who requested anonymity because the document is not final. Titled "A Failure of Initiative," it is one of three separate reviews by the House, Senate and White House that will in coming weeks dissect the response to the nation's costliest natural disaster.
The 600-plus-page report lays primary fault with the passive reaction and misjudgments of top Bush aides, singling out Homeland Security Secretary Michael Chertoff, the Homeland Security Operations Center and the White House Homeland Security Council, according to a 60-page summary of the document obtained by The Washington Post. Regarding Bush, the report found that "earlier presidential involvement could have speeded the response" because he alone could have cut through all bureaucratic resistance.
The report, produced by an 11-member House select committee of Republicans chaired by Rep. Thomas M. Davis III (R-Va.), proposes few specific changes. But it is an unusual compendium of criticism by the House GOP, which generally has not been aggressive in its oversight of the administration.
The report portrays Chertoff, who took the helm of the department six months before the storm, as detached from events. It contends he switched on the government's emergency response systems "late, ineffectively or not at all," delaying the flow of federal troops and materiel by as much as three days.
The White House did not fully engage the president or "substantiate, analyze and act on the information at its disposal," failing to confirm the collapse of New Orleans's levee system on Aug. 29, the day of Katrina's landfall, which led to catastrophic flooding of the city of 500,000 people.

House Majority Leader's Views Sometimes in Minority of Party
By Jonathan Weisman
Washington Post, 12 February 2006

As Rep. John A. Boehner (Ohio) moves to unite his fractious House Republicans, the newly elected House majority leader has another issue to finesse: his own views on some key issues, which have clashed with the stance of much of the Republican Party.
From illegal immigration to sanctions on China to an overhaul of the pension system, Boehner, as chairman of the House Committee on Education and the Workforce, took ardently pro-business positions that were contrary to those of many in his party. Religious conservatives -- examining his voting record -- see him as a policymaker driven by small-government economic concerns, not theirs.
In the coming months, Boehner must decide whether to stick to his well-established beliefs and try to bend his party's stance or give in to the majority of the majority party.

11 February 2006

Ex-CIA Official Faults Use of Data on Iraq
Intelligence 'Misused' to Justify War, He Says
By Walter Pincus
Washington Post, 10 February 2006

The former CIA official who coordinated U.S. intelligence on the Middle East until last year has accused the Bush administration of "cherry-picking" intelligence on Iraq to justify a decision it had already reached to go to war, and of ignoring warnings that the country could easily fall into violence and chaos after an invasion to overthrow Saddam Hussein.
Paul R. Pillar, who was the national intelligence officer for the Near East and South Asia from 2000 to 2005, acknowledges the U.S. intelligence agencies' mistakes in concluding that Hussein's government possessed weapons of mass destruction. But he said those misjudgments did not drive the administration's decision to invade.
"Official intelligence on Iraqi weapons programs was flawed, but even with its flaws, it was not what led to the war," Pillar wrote in the upcoming issue of the journal Foreign Affairs. Instead, he asserted, the administration "went to war without requesting -- and evidently without being influenced by -- any strategic-level intelligence assessments on any aspect of Iraq."
"It has become clear that official intelligence was not relied on in making even the most significant national security decisions, that intelligence was misused publicly to justify decisions already made, that damaging ill will developed between [Bush] policymakers and intelligence officers, and that the intelligence community's own work was politicized," Pillar wrote.
Pillar's critique is one of the most severe indictments of White House actions by a former Bush official since Richard C. Clarke, a former National Security Council staff member, went public with his criticism of the administration's handling of the Sept. 11, 2001, attacks and its failure to deal with the terrorist threat beforehand.
It is also the first time that such a senior intelligence officer has so directly and publicly condemned the administration's handling of intelligence.
Pillar, retired after 28 years at the CIA, was an influential behind-the-scenes player and was considered the agency's leading counterterrorism analyst. By the end of his career, he was responsible for coordinating assessments on Iraq from all 15 agencies in the intelligence community. He is now a professor in security studies at Georgetown University.
...In his article, Pillar said he believes that the "politicization" of intelligence on Iraq occurred "subtly" and in many forms, but almost never resulted from a policymaker directly asking an analyst to reshape his or her results. "Such attempts are rare," he writes, "and when they do occur . . . are almost always unsuccessful."
Instead, he describes a process in which the White House helped frame intelligence results by repeatedly posing questions aimed at bolstering its arguments about Iraq.
The Bush administration, Pillar wrote, "repeatedly called on the intelligence community to uncover more material that would contribute to the case for war," including information on the "supposed connection" between Hussein and al Qaeda, which analysts had discounted. "Feeding the administration's voracious appetite for material on the Saddam-al Qaeda link consumed an enormous amount of time and attention."
The result of the requests, and public statements by the president, Vice President Cheney and others, led analysts and managers to conclude the United States was heading for war well before the March 2003 invasion, Pillar asserted.
They thus knew, he wrote, that senior policymakers "would frown on or ignore analysis that called into question a decision to go to war and welcome analysis that supported such a decision. . . . [They] felt a strong wind consistently blowing in one direction. The desire to bend with such a wind is natural and strong, even if unconscious."
SEE ALSO:
Intelligence, Policy,and the War in Iraq
By Paul R. Pillar
From Foreign Affairs, March/April 2006 issue

Summary: During the run-up to the invasion of Iraq, writes the intelligence community's former senior analyst for the Middle East, the Bush administration disregarded the community's expertise, politicized the intelligence process, and selected unrepresentative raw intelligence to make its public case.
SEE ALSO:
Ex-C.I.A. Official Says Iraq Data Was Distorted
By SCOTT SHANE
NYT, 11 February 2006

A C.I.A. veteran who oversaw intelligence assessments about the Middle East from 2000 to 2005 on Friday accused the Bush administration of ignoring or distorting the prewar evidence on a broad range of issues related to Iraq in its effort to justify the American invasion of 2003.
The views of Paul R. Pillar, who retired in October as national intelligence officer for the Near East and South Asia, echoed previous criticism from Democrats and from some administration officials, including Richard A. Clarke, the former White House counterterrorism adviser, and Paul H. O'Neill, the former treasury secretary.
But Mr. Pillar is the first high-level C.I.A. insider to speak out by name on the use of prewar intelligence. His article for the March-April issue of Foreign Affairs, which charges the administration with the selective use of intelligence about Iraq's unconventional weapons and the chances of postwar chaos in Iraq, was posted Friday on the journal's Web site after it was reported in The Washington Post.
"If the entire body of official intelligence on Iraq had a policy implication, it was to avoid war — or, if war was going to be launched, to prepare for a messy aftermath," Mr. Pillar wrote. "What is most remarkable about prewar U.S. intelligence on Iraq is not that it got things wrong and thereby misled policymakers; it is that it played so small a role in one of the most important U.S. policy decisions in decades."
In an interview on Friday, Mr. Pillar said he recognized that his views would become part of the highly partisan, three-year-old battle over the administration's reasons for going to war. But he said his goal in speaking publicly was to help repair what he called a "broken" relationship between the intelligence produced by the nation's spies and the way it is used by its leaders.
"There is ground to be replowed on Iraq," said Mr. Pillar, now a professor at Georgetown University. "But what is more important is to look at the whole intelligence-policy relationship and get a discussion and debate going to make sure what happened on Iraq doesn't happen again."

Republican Speaks Up, Leading Others to Challenge Wiretaps
By SHERYL GAY STOLBERG
NYT, 11 February 2006

When Representative Heather A. Wilson broke ranks with President Bush on Tuesday to declare her "serious concerns" about domestic eavesdropping, she gave voice to what some fellow Republicans were thinking, if not saying.
Now they are speaking up — and growing louder.
In interviews over several days, Congressional Republicans have expressed growing doubts about the National Security Agency program to intercept international communications inside the United States without court warrants. A growing number of Republicans say the program appears to violate the Foreign Intelligence Surveillance Act, the 1978 law that created a court to oversee such surveillance, and are calling for revamping the FISA law.
Ms. Wilson and at least six other Republican lawmakers are openly skeptical about Mr. Bush's assertion that he has the inherent authority to order the wiretaps and that Congress gave him the power to do so when it authorized him to use military force after the Sept. 11, 2001, attacks.
The White House, in a turnabout, briefed the full House and Senate Intelligence Committee on the program this week, after Ms. Wilson, chairwoman of the subcommittee that oversees the N.S.A., had called for a full-scale Congressional investigation. But some Republicans say that is not enough.

Trade Gap Hits Record For 4th Year In a Row
By Paul Blustein
Washington Post, 11 February 2006

The U.S. trade deficit soared to a record in 2005 for the fourth year in a row, according to a government report released yesterday that provided a reminder of the dangers hovering over a generally robust economy.
The United States imported $725.8 billion more in goods and services than it exported last year, the Commerce Department said. That is up 17.5 percent from last year, and it is an all-time high not only in dollar terms but as a proportion of the economy; the figure is equal to 5.8 percent of gross domestic product.

Ex-Cheney Aide Testified Leak Was Ordered, Prosecutor Says
By NEIL A. LEWIS
NYT, 10 February 2006

I. Lewis Libby Jr., the former chief of staff to Vice President Dick Cheney, told a grand jury that he was authorized by his "superiors" to disclose classified information to reporters about Iraq's weapons capability in June and July 2003, according to a document filed by a federal prosecutor.
The document shows that Mr. Libby, known as Scooter, was actively engaged in the Bush administration's public relations effort to rebut complaints that there was little evidence to support the claim that Saddam Hussein possessed or sought weapons of mass destruction, which was used to justify the invasion of Iraq.
The document is part of the prosecutors' case against Mr. Libby, who has been indicted on charges that he lied about his role in exposing the identity of a C.I.A. operative to journalists.
The prosecutor, Patrick J. Fitzgerald, said in a letter to Mr. Libby's lawyers last month that Mr. Libby had testified before the grand jury that "he had contacts with reporters in which he disclosed the content of the National Intelligence Estimate ('NIE')," that discussed Iraq's nuclear weapons capability. "We also note that it is our understanding that Mr. Libby testified that he was authorized to disclose information about the NIE to the press by his superiors."
Mr. Libby was indicted on five counts of perjury and obstruction of justice last October in what Mr. Fitzgerald has charged was a willful misleading of investigators about his role in exposing Valerie Wilson as an officer of the Central Intelligence Agency. Ms. Wilson is the wife of Joseph C. Wilson IV, a former ambassador who had accused the administration of twisting intelligence about Iraq's efforts to buy uranium from the government of Niger.
Ms. Wilson's identity was first disclosed in a column by Robert D. Novak in July 2003, just after Mr. Wilson wrote an Op-Ed column in The New York Times saying he had investigated the Niger claim and found little evidence to support it. Mr. Wilson charged that destroying his wife's undercover status was a way to discredit him and his assertions.
The prosecutor's note of Jan. 23 does not, however, make any reference to Mr. Libby's involvement in the disclosure of Ms. Wilson's identity. It seems, rather, to be part of an effort by the prosecutor to demonstrate that Mr. Libby was engaged in using secret information to press the administration's case at the same time that Ms. Wilson's identity was leaked to reporters.
The letter was first reported Thursday by the National Journal, which said its sources had identified that one of the superiors was Mr. Cheney.

Censorship Is Alleged at NOAA
Scientists Afraid to Speak Out, NASA Climate Expert Reports
By Juliet Eilperin
Washington Post, 11 February 2006

James E. Hansen, the NASA climate scientist who sparked an uproar last month by accusing the Bush administration of keeping scientific information from reaching the public, said Friday that officials at the National Oceanic and Atmospheric Administration are also muzzling researchers who study global warming.
Hansen, speaking in a panel discussion about science and the environment before a packed audience at the New School university, said that while he hopes his own agency will soon adopt a more open policy, NOAA insists on having "a minder" monitor its scientists when they discuss their findings with journalists.
"It seems more like Nazi Germany or the Soviet Union than the United States," said Hansen, prompting a round of applause from the audience. He added that while NOAA officials said they maintain the policy for their scientists' protection, "if you buy that one please see me at the break, because there's a bridge down the street I'd like to sell you."

Bob Barr, Bane of the Right?
By Dana Milbank
Washington Post, 11 February 2006

"Are we losing our lodestar, which is the Bill of Rights?" Barr beseeched the several hundred conservatives at the Omni Shoreham in Woodley Park. "Are we in danger of putting allegiance to party ahead of allegiance to principle?"
Barr answered in the affirmative. "Do we truly remain a society that believes that . . . every president must abide by the law of this country?" he posed. "I, as a conservative, say yes. I hope you as conservatives say yes."
But nobody said anything in the deathly quiet audience. Barr merited only polite applause when he finished, and one man, Richard Sorcinelli, booed him loudly. "I can't believe I'm in a conservative hall listening to him say [Bush] is off course trying to defend the United States," Sorcinelli fumed.
Far more to this crowd's liking was Vice President Cheney, who stopped by CPAC late Thursday and suggested the surveillance program as a 2006 campaign issue. "With an important election coming up, people need to know just how we view the most critical questions of national security," he told the cheering crowd.
Dinh, now a Georgetown law professor, urged the CPAC faithful to carve out a Bush exception to their ideological principle of limited government. "The conservative movement has a healthy skepticism of governmental power, but at times, unfortunately, that healthy skepticism needs to yield," Dinh explained, invoking Osama bin Laden.
Dinh brought the crowd to a raucous ovation when he judged: "The threat to Americans' liberty today comes from al Qaeda and its associates and the people who would destroy America and her people, not the brave men and women who work to defend this country!"
It was the sort of tactic that has intimidated Democrats and the last few libertarian Republicans who question the program's legality. But Barr is not easily suppressed. During a 2002 Senate primary, he accidentally fired a pistol at a campaign event; at a charity event a decade earlier, he licked whipped cream from the chests of two women.
Barr wasn't going to get a lesson on patriotism from this young product of the Bush Justice Department. "That, folks, was a red herring," he announced. "This debate is very simple: It is a debate about whether or not we will remain a nation subject to and governed by the rule of law or the whim of men."

Brown Blames Superiors For Response to Katrina
By Spencer S. Hsu
Washington Post, 11 February 2006

Michael D. Brown, the former Federal Emergency Management Agency director, accused the Bush administration yesterday of setting the nation's disaster preparedness on a "path to failure" before Hurricane Katrina by overemphasizing the threat of terrorism, and of discounting warnings on the day the storm hit that a worst-case flood was enveloping New Orleans.
Brown called "a little disingenuous" and "just baloney" assertions by Homeland Security Secretary Michael Chertoff and other top Bush administration officials that they were unaware of the severity of the catastrophe for a day after Katrina struck on Aug. 29. Investigators say their inaction delayed the launch of federal emergency measures, rescue efforts and aid to tens of thousands of stranded New Orleans residents.

10 February 2006

Secret Court's Judges Were Warned About NSA Spy Data
Program May Have Led Improperly to Warrants
By Carol D. Leonnig
Washington Post, 9 February 2006

Twice in the past four years, a top Justice Department lawyer warned the presiding judge of a secret surveillance court that information overheard in President Bush's eavesdropping program may have been improperly used to obtain wiretap warrants in the court, according to two sources with knowledge of those events.
The revelations infuriated U.S. District Judge Colleen Kollar-Kotelly -- who, like her predecessor, Royce C. Lamberth, had expressed serious doubts about whether the warrantless monitoring of phone calls and e-mails ordered by Bush was legal. Both judges had insisted that no information obtained this way be used to gain warrants from their court, according to government sources, and both had been assured by administration officials it would never happen.
The two heads of the Foreign Intelligence Surveillance Court were the only judges in the country briefed by the administration on Bush's program. The president's secret order, issued sometime after the Sept. 11, 2001, attacks, allows the National Security Agency to monitor telephone calls and e-mails between people in the United States and contacts overseas.
James A. Baker, the counsel for intelligence policy in the Justice Department's Office of Intelligence Policy and Review, discovered in 2004 that the government's failure to share information about its spying program had rendered useless a federal screening system that the judges had insisted upon to shield the court from tainted information. He alerted Kollar-Kotelly, who complained to Justice, prompting a temporary suspension of the NSA spying program, the sources said.
Yet another problem in a 2005 warrant application prompted Kollar-Kotelly to issue a stern order to government lawyers to create a better firewall or face more difficulty obtaining warrants.
The two judges' discomfort with the NSA spying program was previously known. But this new account reveals the depth of their doubts about its legality and their behind-the-scenes efforts to protect the court from what they considered potentially tainted evidence. The new accounts also show the degree to which Baker, a top intelligence expert at Justice, shared their reservations and aided the judges.

Libby: White House 'Superiors' OK'd Leaks
By TONI LOCY
AP via LA Times, 9 February 2006

A former top aide to Vice President Dick Cheney told a federal grand jury that his superiors authorized him to give secret information to reporters as part of the Bush administration's defense of intelligence used to justify invading Iraq, according to court papers.
Special prosecutor Patrick Fitzgerald said in documents filed last month that he plans to introduce evidence that I. Lewis "Scooter" Libby, Cheney's former chief of staff, disclosed to reporters the contents of a classified National Intelligence Estimate in the summer of 2003.
The NIE is a report prepared by the head of the nation's intelligence operations for high-level government officials, up to and including the president. Portions of NIEs are sometimes declassified and made public. It is unclear whether that happened in this instance.
In a Jan. 23 letter to Libby's lawyers, Fitzgerald said Libby also testified before the grand jury that he caused at least one other government official to discuss an intelligence estimate with reporters in July 2003.
"We also note that it is our understanding that Mr. Libby testified that he was authorized to disclose information about the NIE to the press by his superiors," Fitzgerald wrote.
White House spokesman Scott McClellan refused to comment. "Our policy is that we are not going to discuss this when it's an ongoing legal proceeding," he said.

White House Knew of Levee's Failure on Night of Storm
By ERIC LIPTON
NYT, 10 February 2006

In the aftermath of Hurricane Katrina, Bush administration officials said they had been caught by surprise when they were told on Tuesday, Aug. 30, that a levee had broken, allowing floodwaters to engulf New Orleans.
But Congressional investigators have now learned that an eyewitness account of the flooding from a federal emergency official reached the Homeland Security Department's headquarters starting at 9:27 p.m. the day before, and the White House itself at midnight.
The Federal Emergency Management Agency official, Marty Bahamonde, first heard of a major levee breach Monday morning. By late Monday afternoon, Mr. Bahamonde had hitched a ride on a Coast Guard helicopter over the breach at the 17th Street Canal to confirm the extensive flooding. He then telephoned his report to FEMA headquarters in Washington, which notified the Homeland Security Department.
"FYI from FEMA," said an e-mail message from the agency's public affairs staff describing the helicopter flight, sent Monday night at 9:27 to the chief of staff of Homeland Security Secretary Michael Chertoff and recently unearthed by investigators. Conditions, the message said, "are far more serious than media reports are currently reflecting. Finding extensive flooding and more stranded people than they had thought — also a number of fires."
Michael D. Brown, who was the director of FEMA until he resigned under pressure on Sept. 12, said in a telephone interview Thursday that he personally notified the White House of this news that night, though he declined to identify the official he spoke to.
White House officials have confirmed to Congressional investigators that the report of the levee break arrived there at midnight, and Trent Duffy, the White House spokesman, acknowledged as much in an interview this week, though he said it was surrounded with conflicting reports.
But the alert did not seem to register. Even the next morning, President Bush, on vacation in Texas, was feeling relieved that New Orleans had "dodged the bullet," he later recalled. Mr. Chertoff, similarly confident, flew Tuesday to Atlanta for a briefing on avian flu. With power out from the high winds and movement limited, even news reporters in New Orleans remained unaware of the full extent of the levee breaches until Tuesday.

Bush Says Spy Work Helped Stop 2002 Attack
By DEB RIECHMANN
AP via LA Times, 9 February 2006

...Bush did not name the nation or the operative, but his decision to reveal even the most incremental details of the reported plot underscored the effort the White House has undertaken recently to defend its anti-terrorism policies.
The details did little to counter skepticism from Democrats and some law enforcement officials who have questioned whether the reported scheme had ever been put into operation before it was thwarted.
"It didn't go," said one U.S. official familiar with the operational aspects of the war on terrorism. "It didn't happen."

The official said he believed the Library Tower plot was one of many Al Qaeda operations that had not gone much past the conceptual stage. The official spoke on the condition of anonymity, saying that those familiar with the plot feared political retaliation for providing a different characterization of the plan than that of the president.
Bush's chief domestic security advisor, Frances Townsend, said the plotters had described their target only as the tallest building on the West Coast, and that it was the "analytic judgment" of the U.S. intelligence community that they intended to strike the Library Tower.
Bush misspoke when making a similar point: "We believe the intended target was Liberty Tower in Los Angeles," he said. The building was renamed in 2003 and is now known as the U.S. Bank Tower.
Bush first mentioned the Los Angeles plot in a speech in October, when he listed 10 post-Sept. 11 schemes that had been disrupted. At the time, he gave few details.
In his speech Thursday to the National Guard Assn., the president cited the reported plan as evidence of the ongoing danger of terrorism and of the success of his anti-terrorism strategy.
...Mayor Antonio Villaraigosa said he was stunned that Bush revealed details of the reported terrorist plot without first relaying the information to city officials. Villaraigosa said local authorities had heard some of the new information Wednesday from California domestic security officials, but not the specifics mentioned by Bush in his address, which was carried nationally on cable television.
"I would have expected a direct call from the White House," said Villaraigosa, a Democrat, during a City Hall news conference. "We should have been aware of all the details much before today. We did not know all of the facts."
The mayor sought to reassure residents that Los Angeles was safe. He said the police and fire departments had taken precautions at high-rise buildings, including the one singled out by Bush. Villaraigosa said police had specifically evaluated security and evacuation plans at the U.S. Bank Tower.
"There is no imminent threat to Los Angeles," the mayor said, flanked by police and fire officials.
Critics on Thursday accused Bush of reaching far back into time as part of a public relations ploy to maintain focus on his battle against terrorism, an issue that continued to win him public approval. Bush's chief political strategist, Karl Rove, said last month that Republicans in this year's elections would seek ways to paint Democrats as exhibiting a pre-Sept. 11 mentality, while programs such as the warrantless surveillance showed the president's toughness.
Rep. Brad Sherman (D-Sherman Oaks) described Bush's speech as a political stunt meant to draw attention from the mounting criticisms of the National Security Agency's warrantless wiretapping program and other questions about administration tactics.
"I can't think of a governmental reason to disclose these details at this time to the general public. Clearly, the goal was to create headlines," said Sherman, who monitors security matters as the ranking Democrat on the House subcommittee on international terrorism and nonproliferation.
Sen. John D. Rockefeller IV of West Virginia, the senior Democrat on the Senate Intelligence Committee, said he "didn't find [Bush's comments] very helpful … from a professional point of view."
When news of the reported plot surfaced two years ago, some counter-terrorism officials treated it with skepticism. By contrast, Bush on Thursday cast the foiling of the plot as a significant development that underscored the danger and persistence of Al Qaeda.
Townsend, the White House domestic security advisor, said after Bush's speech that the so-called West Coast plot was initially designed as part of the Sept. 11 attacks.
But she said Osama bin Laden determined that the two-coast plan was too ambitious and scaled it back. Mohammed then began preparations for a "follow-on" attack on the West Coast, Townsend said, reiterating the findings of the Sept. 11 commission.
"It's our understanding now that it was too difficult to get enough operatives for both the East and West Coast plots at the same time," Townsend said.

Spinning and Controlling Science
Washington Post, 9 February 2006

IT IS A RARE thing for the biography of a 24-year-old NASA spokesman to attract the attention of the national media. But that is what happened this week when George C. Deutsch tendered his resignation. Mr. Deutsch had, it emerged, lied about his (nonexistent) undergraduate degree from Texas A&M University. Far more important, several New York Times articles over the past week or so have exposed Mr. Deutsch as one of several White House-appointed public affairs officers at the agency who tried to prevent senior NASA career scientists from speaking and writing freely, especially when their views on the realities of climate change differed from those of the White House.
Mr. Deutsch prevented reporters from interviewing James E. Hansen, the leading climate scientist at NASA, telling colleagues he was doing so because his job was to "make the president look good." Mr. Deutsch also instructed another NASA scientist to add the word "theory" after every written mention of the Big Bang, on the grounds that the accepted scientific explanation of the origins of the universe "is an opinion" and that NASA should not discount the possibility of "intelligent design by a creator."
The spectacle of a young political appointee with no college degree exerting crude political control over senior government scientists and civil servants with many decades of experience is deeply disturbing. More disturbing is the fact that Mr. Deutsch's attempts to manipulate science and scientists, although unusually blatant, were not unique. Just before Christmas, the federal Environmental Protection Agency issued "talking points" to local environmental agencies. These suggestions were intended to help their spokesmen play down an Associated Press story that -- using the EPA's own data -- showed that impoverished neighborhoods had higher levels of air pollution.
At the Food and Drug Administration, the director of the Office of Women's Health recently resigned because she believed that the administration was twisting science to stall approval of over-the-counter emergency contraception. Off the record -- because they fear losing their jobs -- some scientists at the Department of Health and Human Services say that Bush administration public affairs officers screen their appearances and utterances more carefully than anyone ever did. Scientists at places such as the Agriculture Department, not a part of the government known for its publicity hounds, have made the same claim.
In every administration there will be spokesmen and public affairs officers who try to spin the news to make the president look good. But this administration is trying to spin scientific data and muzzle scientists toward that end. NASA's Mr. Hansen was right when he told the Times that Mr. Deutsch was only a bit player. "The problem is much broader and much deeper and it goes across agencies," he said. We agree.

Illegal and Inept
By BOB HERBERT
NYT, 9 February 2006

While testifying about the Bush administration's warrantless eavesdropping program, Attorney General Alberto Gonzales was asked to explain how the program had been damaged by the disclosure of its existence in the press.
Senator Joseph Biden suggested that Al Qaeda operatives have most likely been aware for some time that the government is trying to intercept their phone calls.
Mr. Gonzales agreed. "You would assume that the enemy is presuming that we are engaged in some kind of surveillance," he said. "But if they're not reminded about it all the time in newspapers and in stories, they sometimes forget."
Senator Biden managed to laugh. Probably to keep from crying. This was the attorney general of the United States speaking, yet another straight man for an administration that has raised governing to new heights of witlessness. Watching the Bush administration in action would be hilarious, if its ineptitude and brutally misguided policies didn't end so often in needless suffering and sorrow.
The public should be aware of two important points about the president's domestic spying program: it's illegal, and it's not catching terrorists.
...To laugh or to cry — that is the question as we contemplate three more years of this theater of the absurd known as the Bush administration.

Pentagon says there is no change in prisoner treatment...and that sounds true.
Tough U.S. Steps in Hunger Strike at Camp in Cuba
By TIM GOLDEN
NYT, 9 February 2006

United States military authorities have taken tougher measures to force-feed detainees engaged in hunger strikes at Guantánamo Bay, Cuba, after concluding that some were determined to commit suicide to protest their indefinite confinement, military officials have said.
In recent weeks, the officials said, guards have begun strapping recalcitrant detainees into "restraint chairs," sometimes for hours a day, to feed them through tubes and prevent them from deliberately vomiting afterward. Detainees who refuse to eat have also been placed in isolation for extended periods in what the officials said was an effort to keep them from being encouraged by other hunger strikers.
The measures appear to have had dramatic effects. The chief military spokesman at Guantánamo, Lt. Col. Jeremy M. Martin, said yesterday that the number of detainees on hunger strike had dropped to 4 from 84 at the end of December.
Some officials said the new actions reflected concern at Guantánamo and the Pentagon that the protests were becoming difficult to control and that the death of one or more prisoners could intensify international criticism of the detention center. Colonel Martin said force-feeding was carried out "in a humane and compassionate manner" and only when necessary to keep the prisoners alive. H e said in a statement that "a restraint system to aid detainee feeding" was being used but refused to answer questions about the restraint chairs.
Lawyers who have visited clients in recent weeks criticized the latest measures, particularly the use of the restraint chair, as abusive.
"It is clear that the government has ended the hunger strike through the use of force and through the most brutal and inhumane types of treatment," said Thomas B. Wilner, a lawyer at Shearman & Sterling in Washington, who last week visited the six Kuwaiti detainees he represents. "It is a disgrace."

The Vanishing Future
By PAUL KRUGMAN
NYT, 10 February 2006

At this point we've had six years to grow accustomed to Bush budget chicanery. (Yes, six years: George W. Bush's special mix of blatant dishonesty and gross irresponsibility was fully visible during the 2000 presidential campaign.) What still amazes me, however, is the sheer childishness of the administration's denials and deceptions.
Consider the case of the vanishing future.
The story begins in 2001, when President Bush was pushing his first tax cut through Congress. At the time, the administration insisted that its tax-cut plans wouldn't endanger the budget surplus bequeathed to Mr. Bush by Bill Clinton. But even some Republican senators were skeptical. So the Senate demanded a cap on the tax cut: it should not reduce revenue over the period from 2001 to 2011 by more than $1.35 trillion.
The administration met this requirement, but not by scaling back its tax-cutting ambitions. Instead, it created fictitious savings by "sunsetting" the tax cut, making the whole thing expire at the end of 2010.
This was obviously silly. For example, under the law as written there will be no federal tax on the estates of wealthy people who die in 2010. But the estate tax will return in 2011 with a maximum rate of 55 percent, creating some interesting incentives.
I suggested, back in 2001, that the legislation be renamed the Throw Momma From the Train Act.
It was also obvious that the administration had no intention of abiding by its concession to fiscal prudence, that it would try to eliminate the sunset clause and make the tax cuts permanent.

9 February 2006

Condaleeza Rice is a Liar: Blames Syria, Iran for Inciting Violence over Caricatures of Prophet
Juan Cole
Informed Comment 9 February 2006

Secretary of State Condi Rice on Wednesday blamed Iran and Syria for inciting violence over the Danish caricatures of the Prophet Muhammad. The problem is that she is lying, and this irresponsible charge is another in a long series of propaganda ploys whereby the Bush administration manipulates public opinion in the United States. Reuters reports,

' US Secretary of State Condoleezza Rice accused Iran and Syria, both at loggerheads with the west, of inciting violence over the cartoons for their own purposes.
Speaking at a Washington news conference with Israel’s Foreign Minister Tzipi Livni, Rice said: “Iran and Syria have gone out of their way to inflame sentiments and to use this to their own purposes — and the world ought to call them on it.”

US Plans Massive Data Sweep
Little-known data-collection system could troll news, blogs, even e-mails. Will it go too far?
By Mark Clayton
The Christian Science Monitor, 9 February 2006

The US government is developing a massive computer system that can collect huge amounts of data and, by linking far-flung information from blogs and e-mail to government records and intelligence reports, search for patterns of terrorist activity.
The system - parts of which are operational, parts of which are still under development - is already credited with helping to foil some plots. It is the federal government's latest attempt to use broad data-collection and powerful analysis in the fight against terrorism. But by delving deeply into the digital minutiae of American life, the program is also raising concerns that the government is intruding too deeply into citizens' privacy.
"We don't realize that, as we live our lives and make little choices, like buying groceries, buying on Amazon, Googling, we're leaving traces everywhere," says Lee Tien, a staff attorney with the Electronic Frontier Foundation. "We have an attitude that no one will connect all those dots. But these programs are about connecting those dots - analyzing and aggregating them - in a way that we haven't thought about. It's one of the underlying fundamental issues we have yet to come to grips with."
The core of this effort is a little-known system called Analysis, Dissemination, Visualization, Insight, and Semantic Enhancement (ADVISE). Only a few public documents mention it. ADVISE is a research and development program within the Department of Homeland Security (DHS), part of its three-year-old "Threat and Vulnerability, Testing and Assessment" portfolio. The TVTA received nearly $50 million in federal funding this year.
...Echoes of a past controversial plan
ADVISE "looks very much like TIA," Mr. Tien of the Electronic Frontier Foundation writes in an e-mail. "There's the same emphasis on broad collection and pattern analysis."
...Some in Congress push for more oversight of federal data-mining
Amid the furor over electronic eavesdropping by the National Security Agency, Congress may be poised to expand its scrutiny of government efforts to "mine" public data for hints of terrorist activity.
"One element of the NSA's domestic spying program that has gotten too little attention is the government's reportedly widespread use of data-mining technology to analyze the communications of ordinary Americans," said Sen. Russell Feingold (D) of Wisconsin in a Jan. 23 statement.

With privacy in the USA long gone, the real issues are 1) legal processes and 2) competence
Wanted: Competent Big Brothers

As the Senate frets over whether the NSA has violated the outdated Foreign Intelligence Surveillance Act, no one is paying attention to the real issue: proficiency.
By Michael Hirsh
Newsweek, 8 February 2006

Sen. Joseph Biden was uncharacteristically succinct. "How will we know when this war is over?" Biden asked Attorney General Alberto Gonzales on Monday at a Senate hearing on the National Security Agency’s domestic surveillance program. Biden never really got a good answer, but his question still resonates. The Bush administration calls the war on terror "the long war." But if we are to take the president and his aides at their word, it is more like a permanent war, one that by definition can never end. Having identified the enemy as Al Qaeda and its "affiliates"—at a time when angry young Muslims are boiling up all over, to be recruited by terror cells yet unborn—the administration surely knows it will be a long, long time until all the Islamist bad guys are eliminated. And that means the extraordinary powers that George W. Bush has arrogated to himself "during wartime"—including the surveillance of Americans—could become permanent as well.
It all sounds frighteningly Orwellian. But the truth is that, for all the hue and cry over American civil liberties, we are a long way from Big Brother today. In fact, we could probably use a little more Big Brother about now. After four and a half years, our intelligence and national-security apparatus still hasn’t learned how to track terrorists, and the Bush administration has put forward little more than cosmetic reforms.
The legal controversy over the NSA surveillance program has obscured an intelligence issue that is at least as important to the nation’s future: sheer competence. Do we have any idea what we’re doing? One reason the NSA is listening in on so many domestic conversations fruitlessly—few of the thousands of tips panned out, according to The Washington Post—is that the agency barely has a clue as to who, or what, it is supposed to be monitoring.
While soaking up the lion’s share of the $40 billion annual intel budget, the NSA continues to preside over an antiquated cold-war apparatus, one designed to listen in on official communications pipelines in nation-states. Today it is overwhelmed by cell-phone and Internet traffic. While terror groups multiply, the NSA is still waiting for the next Soviet Union to arise (which many in the Pentagon see as China, say, 50 to 100 years from now). As a December 2002 report by the Senate Select Intelligence Committee noted, "Only a tiny fraction" of the NSA’s 650 million daily intercepts worldwide "are actually ever reviewed by humans, and much of what is collected gets lost in the deluge of data."
What’s needed is a fundamental rethinking that would put some of those billions of dollars that go into NSA’s global surveillance into more human intelligence and Internet surveillance instead. But that’s not happening. "There’s no question that technology changes have created a tidal-wave type of problem," says one former senior NSA official. "NSA’s been talking about it for 10 years at least. Will they ever get in front of it? No."

DeLay Lands Coveted Appropriations Spot
By ANDREW TAYLOR
AP via Daily Kos, 8 February 2006

Indicted Rep. Tom DeLay, forced to step down as the No. 2 Republican in the House, scored a soft landing Wednesday as GOP leaders rewarded him with a coveted seat on the Appropriations Committee
DeLay, R-Texas, also claimed a seat on the subcommittee overseeing the Justice Department, which is currently investigating an influence-peddling scandal involving disgraced lobbyist Jack Abramoff and his dealings with lawmakers. The subcommittee also has responsibility over NASA — a top priority for DeLay, since the Johnson Space Center is located in his Houston-area district.
"Allowing Tom DeLay to sit on a committee in charge of giving out money is like putting Michael Brown back in charge of FEMA — Republicans in Congress just can't seem to resist standing by their man," said Bill Burton, spokesman for the Democratic Congressional Campaign Committee.
...DeLay was able to rejoin the powerful Appropriations panel — he was a member until becoming majority leader in 2003 — because of a vacancy created after the resignation of Randy "Duke" Cunningham, R-Calif. Cunningham pleaded guilty in November to charges relating to accepting $2.4 million in bribes for government business and other favors.

Budget Shortfall Forces Renewable Energy Laboratory to Lay Off 32 Staff
National Renewable Energy Lab via Washington Monthly, 7 February 2006

Golden, Colo. — The U.S. Department of Energy's National Renewable Energy Laboratory (NREL) reduced its staff by 32 people today to help meet a $28 million budget shortfall.
Twenty-seven are regular staff, and five are temporary employees. Of the 32, eight were research staff and 24 worked in support positions.
Congressionally directed projects, or earmarks, reduced the budget available to the Department of Energy for funding renewable energy and energy efficiency research at the Laboratory, leaving $28 million less in operating funds for NREL for fiscal year 2006. The Laboratory made substantial cuts in other areas, including travel, outside contracts and other operating expenses, before reducing staff.
Regular staff affected by the layoffs will remain on payroll through Feb. 10 and will receive severance pay and job search help.
Research programs affected by the layoffs include biomass, hydrogen and basic research.

Bush's Social Security Sleight of Hand
By Allan Sloan
Washington Post, 8 February 2006

If you read enough numbers, you never know what you'll find. Take President Bush and private Social Security accounts.
Last year, even though Bush talked endlessly about the supposed joys of private accounts, he never proposed a specific plan to Congress and never put privatization costs in the budget. But this year, with no fanfare whatsoever, Bush stuck a big Social Security privatization plan in the federal budget proposal, which he sent to Congress on Monday.
His plan would let people set up private accounts starting in 2010 and would divert more than $700 billion of Social Security tax revenues to pay for them over the first seven years.
If this comes as a surprise to you, have no fear. You're not alone. Bush didn't pitch private Social Security accounts in his State of the Union message last week.
First, he drew a mocking standing ovation from Democrats by saying that "Congress did not act last year on my proposal to save Social Security," even though, as I said, he'd never submitted specific legislation.
Then he seemed to be kicking the Social Security problem a few years down the road in typical Washington fashion when he asked Congress "to join me in creating a commission to examine the full impact of baby boom retirements on Social Security, Medicare and Medicaid," adding that the commission would be bipartisan "and offer bipartisan solutions."
But anyone who thought that Bush would wait for bipartisanship to deal with Social Security was wrong. Instead, he stuck his own privatization proposals into his proposed budget.

8 February 2006

US General Maps Out Strategic Refit for Iraq, Middle East and Asia
· Number of troops 'may be contributing to instability'
· Public profile of ground forces to be lowered

Richard Norton-Taylor
The Guardian, 7 February 2006

A senior US officer admitted yesterday that the presence of more than 300,000 foreign troops in the Middle East, most of them American, was a "contributory factor" to instability in the region.
The admission was made by Brigadier General Mark Kimmitt - a key strategist in the US central command covering the Middle East - as he spelled out the American military's plan to "reposture" its forces over an area stretching from Egypt in the west to Pakistan in the east, and from Kazakhstan in the north to Uganda in the south.

Republican Who Oversees N.S.A. Calls for Wiretap Inquiry
By ERIC LICHTBLAU
NYT, 8 February 2006

A House Republican whose subcommittee oversees the National Security Agency broke ranks with the White House on Tuesday and called for a full Congressional inquiry into the Bush administration's domestic eavesdropping program.
The lawmaker, Representative Heather A. Wilson of New Mexico, chairwoman of the House Intelligence Subcommittee on Technical and Tactical Intelligence, said in an interview that she had "serious concerns" about the surveillance program. By withholding information about its operations from many lawmakers, she said, the administration has deepened her apprehension about whom the agency is monitoring and why.
Ms. Wilson, who was a National Security Council aide in the administration of President Bush's father, is the first Republican on either the House's Intelligence Committee or the Senate's to call for a full Congressional investigation into the program, in which the N.S.A. has been eavesdropping without warrants on the international communications of people inside the United States believed to have links with terrorists.
The congresswoman's discomfort with the operation appears to reflect deepening fissures among Republicans over the program's legal basis and political liabilities. Many Republicans have strongly backed President Bush's power to use every tool at his disposal to fight terrorism, but 4 of the 10 Republicans on the Senate Judiciary Committee voiced concerns about the program at a hearing where Attorney General Alberto R. Gonzales testified on Monday.
SEE ALSO:
Gonzales Faces Sharp Questioning on Eavesdropping
by Nina Totenberg
NPR Morning Edition, 7 February 2006

Several Republicans joined Democratic senators on the Senate Judiciary Committee Tuesday in questioning the legality of secret wiretapping authorized by President Bush.
Attorney General Alberto Gonzales was the lone witness before the committee, which held its first hearing on whether the president had the authority to order secret wiretapping.
President Bush has said that shortly after the attacks of Sept. 11, 2001, he authorized the highly secretive National Security Agency to monitor calls and e-mails between the United States and suspected terrorists abroad -- without a warrant. Administration officials maintain it is a powerful tool in the war on terrorism. Critics say the president has overstepped his authority as commander-in-chief.
Throughout the hearing, Gonzales kept coming back to two key points: That the president has the authority to order the warrantless eavesdropping program under the Constitution as commander-in-chief; and that, after Sept. 11, Congress authorized the president to use all necessary force to prevent future attacks. Gonzales defended those points in his opening statement. He said only international communications are authorized for interception.
And he said the program is triggered "only when a career professional at the NSA has reasonable grounds to believe that one of the parties to a communication is a member or agent of al Qaeda or an affiliated terrorist organization.
"As the president has said, if you're talking with al Qaeda, we want to know what you're saying," Gonzales said.
Gonzales said he would not go into details about how the secret eavesdropping program worked, because the enemy could very likely be listening to the hearings.
The administration has often framed the debate about the warrantless wiretapping program around national security. Many Democrats at the hearing wanted to probe the legal aspect. Vermont Sen. Patrick Leahy said the biggest concern was that the administration used the congressional authorization for military force to circumvent the Foreign Intelligence Surveillance Act (FISA), which allows for eavesdropping on U.S. citizens if there is a warrant.
"That authorization said to capture or kill Osama bin Laden and to use the American military to do that," Leahy said. "It did not authorize domestic surveillance of American citizens."
SEE ALSO:
Ex-President Carter: Eavesdropping Illegal
By KATHLEEN HENNESSEY,
AP via Yahoo! News, 7 February 2006

Former President Jimmy Carter criticized the Bush administration's domestic eavesdropping program Monday and said he believes the president has broken the law.
"Under the Bush administration, there's been a disgraceful and illegal decision — we're not going to the let the judges or the Congress or anyone else know that we're spying on the American people," Carter told reporters. "And no one knows how many innocent Americans have had their privacy violated under this secret act."
Carter made the remarks at a union hall near Las Vegas, where his oldest son, Jack Carter, announced his candidacy for the U.S. Senate.
The former president also rebuked Attorney General Alberto Gonzales for telling Congress that the spying program is authorized under Article 2 of the Constitution and does not violate the 1978 Foreign Intelligence Surveillance Act passed during Carter's administration. Gonzales made the assertions in testimony before the Senate Judiciary Committee, which began investigating the eavesdropping program Monday.
"It's a ridiculous argument, not only bad, it's ridiculous. Obviously, the attorney general who said it's all right to torture prisoners and so forth is going to support the person who put him in office. But he's a very partisan attorney general and there's no doubt that he would say that," Carter said. "I hope that eventually the case will go to the Supreme Court. I have no doubt that when it's over, the Supreme Court will rule that Bush has violated the law."
The former president said he would testify before the Judiciary Committee if asked.
"If my voice is important to point of the intent of the law that was passed when I was president, I know all about that because it was one of the most important decisions I had to make."
SEE ALSO:
NPR Summary of Wiretap Issues
NPR Web site, date unknown

...in January, the Congressional Research Service, a nonpartisan arm of Congress, released an analysis that found many of the administration's legal arguments conflicted with existing U.S. laws. The table below looks at the Bush administration's legal justifications for the program and the CRS response:

Legal Issues Involved

Bush Administration:

Congressional Research Service:

 

Article II of the Constitution

Designates president as commander-in-chief and gives him authority over foreign affairs.

Says Article II gives the president "all necessary authority" to protect the nation from further attacks. Argues that the president's power to conduct secret surveillance for the conduct of foreign affairs has long been recognized.
Says broad claim of presidential power contradicts the will of Congress when it passed the Foreign Intelligence Surveillance Act of 1978. That law intended for the government to seek warrants from a special FISA court before conducting such surveillance.
 

Authorization to Use Military Force

Resolution passed by Congress on Sept. 14, 2001, allows the president to "use all necessary and appropriate force" against those responsible for the Sept. 11 attacks. Preamble asserts the president's constitutional authority "to deter and prevent" terrorist acts against the United States.

Asserts that communications intelligence is an essential part of waging war that "must be included in any natural reading" of the authorization. Engaging in warrantless surveillance is a common and critical practice for wartime presidents, the Justice Department says, citing George Washington's interception of British mail as an example.
Acknowledges that surveillance is an important facet of warfare. But the CRS analysis says that "it is not clear that the collection of intelligence constitutes a use of force" authorized under the resolution passed by Congress.
 

'Hamdi v. Rumsfeld'

The 2004 Supreme Court ruling found that the authorization to use force passed by Congress allowed the detention of an American citizen captured on a foreign battlefield -- in spite of a federal law prohibiting such detentions unless authorized by Congress. The high court's ruling recognized the right to detain combatants "based on longstanding law-of-war principles."

Interprets the Hamdi ruling to mean that Congress' force authorization implicitly gave the president the power to conduct any activity considered an essential aspect of waging war -- including warrantless electronic surveillance -- at home and abroad.
Argues that the Hamdi ruling merely confirmed the authority to capture enemy combatants on a foreign battlefield. Suggests it's a huge stretch to say that the force authorization also covers domestic surveillance as an essential aspect of waging war.
 

Foreign Intelligence Surveillance Act of 1978

Law known as "FISA" created a legal process for authorizing foreign intelligence wiretaps. Allows a 15-day grace period for warrantless wiretapping during times of war and provides for retroactive warrants. Provides an exception to warrant requirements "where authorized by statute."

Argues FISA cannot take away the president's inherent constitutional power to wiretap in the name of national security. Contends that the 2001 congressional authorization to use force fulfills FISA's mandate that a warrant is required "except where authorized by statute."
Says FISA reflects Congress' view that it has the authority to regulate the president's use of any inherent constitutional authority to conduct warrantless surveillance. Suggests Congress did not intend for FISA's warrant exceptions to be expansive.
 

The Wrong Wiretap Debate
By David Ignatius
Washington Post, 8 February 2006

As quickly as you can say the words "Karl Rove," the debate over the National Security Agency's anti-terrorist surveillance program is degenerating into a partisan squabble. Rather than seeking a compromise that would anchor the program in law, both the administration and its critics are pursuing absolutist agendas -- insisting on the primacy of security or liberty, rather than some reasonable balance of the two. This way lies disaster.
The NSA surveillance debate truly deserves the overworked moniker "historic." This is a fundamental test of the authority of Congress and the executive in wartime. It pits the president's power as commander in chief under Article II of the Constitution against specific legislative rules mandated by Congress in the 1978 Foreign Intelligence Surveillance Act. A stable, legal foundation for the NSA program can come by placing it under FISA jurisdiction, or by amending FISA, or perhaps by a judicial review that might support the administration's argument that Article II trumps FISA. Instead, we have none of the above.

Muttering at the World Bank
Wolfowitz's Appointment of Loyalists Disturbs Some Staffers
By Paul Blustein
Washington Post, 8 February 2006

At the World Bank, they are sometimes referred to as "the entourage," "the palace guard," or "the circle of trust," because of their close relationship with bank President Paul D. Wolfowitz. They are Americans with ties to the Bush administration, and the immense clout they wield has sparked a furor in the ranks of the giant development leader.
Their roles have rekindled fears among the staff that Wolfowitz, the former U.S. deputy defense secretary, is bent on imposing a conservative agenda on the bank. Wolfowitz has repeatedly sought to dispel such concerns since he became bank president in June. He has pledged his commitment to the bank's mission of alleviating poverty, and his unassuming manner has charmed many staffers who were averse to his role as a chief strategist of the U.S.-Iraq war.
But after months of seeming tranquillity, the bank is stewing with discontent over Wolfowitz's choice of several confidantes with administration or Republican connections to serve in key bank posts.

A Young Bush Appointee Resigns His Post at NASA
By ANDREW C. REVKIN
NYT, 8 February 2006

George C. Deutsch, the young presidential appointee at NASA who told public affairs workers to limit reporters' access to a top climate scientist and told a Web designer to add the word "theory" at every mention of the Big Bang, resigned yesterday, agency officials said.
Mr. Deutsch's resignation came on the same day that officials at Texas A&M University confirmed that he did not graduate from there, as his résumé on file at the agency asserted.
Officials at NASA headquarters declined to discuss the reason for the resignation.


 

 
TheocracyWatch.org

Organizations Monitoring or Challenging the Religious Right
 

Organizations for Government Transparency

Project on Government Secrecy
for the Federation of American Scientists

Institute for Public Accuracy

OpenTheGovernment.org

Lear Center at the University of Southern California's Annenberg School for Communication

Citizens for Responsibility and Ethics

 

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