February 27, 2006

more shall see the light,....

 
US Christian Leaders
 
 Apologize For Iraq War
 
by Ximena Diego
 
 

NEW YORK - Christian leaders from the United States lamented the war in Iraq and apologized for their government's current foreign policy during the 9th Assembly of the World Council of Churches in Porto Alegre, Brazil, which ended Thursday.

"We lament with special anguish the war in Iraq, launched in deception and violating global norms of justice and human rights," the Very Rev. Leonid Kishkovsky, the moderator of the U.S. Conference for the WCC, told fellow delegates from around the world.

Kishkovsky is the rector of Our Lady of Kazan Church in Sea Cliff, New York, and is an officer in the Orthodox Church of America.

Taking an unusual stand among U.S. Christian leaders, the United States Conference for the World Council of Churches (WCC) criticized Pres. George W. Bush's actions in response to the 9/11 terrorist attacks.

"We are citizens of a nation that has done much in these years to endanger the human family and to abuse the creation," says the statement endorsed by the most prominent Protestant Christian churches on the Council.

"Our leaders turned a deaf ear to the voices of church leaders throughout our nation and the world, entering into imperial projects that seek to dominate and control for the sake of our own national interests. Nations have been demonized and God has been enlisted in national agendas that are nothing short of idolatrous."

The message, written like a prayer of repentance and backed by the 34 Christian churches that belong to the WCC, mourns those who have died or been injured in the Iraq war and says, "We confess that we have failed to raise a prophetic voice loud enough and persistent enough to deter our leaders from this path of preemptive war."

Among the attendees was the Rev. Bernice Powell-Jackson, North American President of the World Council of Churches. A civil rights activist for more than 25 years, Jackson previously served as executive director of one of the Justice and Witness Ministries predecessor bodies, the Commission for Racial Justice.

The U.S. Conference of the WCC also criticized the government's position on global warming. "The rivers, oceans, lakes, rainforests, and wetlands that sustain us, even the air we breathe continue to be violated... Yet our own country refuses to acknowledge its complicity and rejects multilateral agreements aimed at reversing disastrous trends," reads the message.

Earlier this month, a group of more than 85 U.S. evangelical Christian leaders called on Congress to enact legislation that would reduce emissions of greenhouse gases, which most scientists believe contribute to global warming.

The U.S. Conference of the WCC message also said, "Starvation, the HIV/AIDS pandemic, the treatable diseases that go untreated indict us, revealing the grim features of global economic injustice we have too often failed to acknowledge or confront."

"Hurricane Katrina," it continues, "revealed to the world those left behind in our own nation by the rupture of our social contract. As a nation we have refused to confront the racism that infects our policies around the world."

The statement comes days after the National Council of Churches (NCC), the United States chapter of the WCC, endorsed a U.N. report on the situation of detainees at the Guantanamo Bay prison in Cuba.

Separately, in a letter addressed to Secretary of State Condoleezza Rice, NCC General Secretary Robert W. Edgar called on the U.S. to bring the detainees to trial, release them, or to "close the Guantanamo Bay detention facility without further delay". It also asked Rice for access to the Guantanamo facility "to monitor the physical, spiritual and mental conditions of the detainees".

At the Brazilian conference, the Rev. John Thomas, president of United Church of Christ, was quoted as saying: "An emerging theme in conversation with our partners around the world is that the U.S. is being perceived as a dangerous nation."

He called the Assembly "a unique opportunity to make this statement to all our colleagues" in the ecumenical movement. The statement says, "We come to you seeking to be partners in the search for unity and justice."

Thomas acknowledged that not all church members would agree with the thrust of the statement, but said it was their responsibility as leaders to "speak a prophetic and pastoral word as we believe God is offering it to us".

The final WCC event featured a candlelit march for peace through downtown Porto Alegre with up to 2,000 people -- including two Nobel Prize-winners -- taking part.

Organized by local churches as part of the World Council of Churches' Decade to Overcome Violence, it was accompanied by Latin American music from Xico Esvael and Victor Heredia. Young people carried banners highlighting peace and justice issues. One, depicting the world held in God's hand, read "Let God change you first, then you will transform the world."

WCC president Powell-Jackson urged the crowd to commit themselves to overcoming violence. Prawate Khid-arn of the Christian Conference of Asia told them, "If we do not take the risk of peace, we will have to take the risk of war."

Israel Batista of the Latin American Council of Churches spoke of poverty, injustice and abuse of women and children and asked, "How are we to speak of peace?" Still, he said, "In spite of violence, we will persist in the struggle for peace."

After an address by Julia Qusibert, a Bolivian indigenous Christian, the marchers sang the Samba of the Struggle for Peace and the Taizé chant Ubi Caritas, among other songs. The march paused while Nobel prize-winner Adolfo Pérez Esquivel improvised a poem and addressed the crowd at the Esquina Democrática or Democratic Corner.

The evening was brought to a climax with an address by the second Nobel Prize-winner, Archbishop Desmond Tutu. He began his impassioned speech by saying, "We have an extraordinary God. God is a mighty God, but this God needs you. When someone is hungry, bread doesn't come down from heaven. When God wants to feed the hungry, you and I must feed the hungry. And now God wants peace in the world."

The WCC is the largest Christian ecumenical organization, comprised of 340 Christian denominations and churches in 120 countries, and said to represent 550 million Christians throughout the world. The U.S. Conference of the World Council of Churches alone represents 34 Christian churches, including Orthodox, Evangelical, Lutheran and Anglican churches, and four million members throughout the country.

The Roman Catholic Church is not a member of the WCC but has worked closely with the Council in the past. Since its origins in 1948, the WCC gathers in an Assembly every seven years with each member church sending a delegate.

© Copyright 2006 IPS - Inter Press Service

 

 

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February 26, 2006

Bush's Civil Liberties Board Hardly At Work,..

 

Privacy Guardian 

 Is Still a Paper Tiger

 

A year after its creation, the White House civil liberties board
has yet to do a single day of work.
 
 
 
By Richard B. Schmitt, Times Staff Writer


 

WASHINGTON — For Americans troubled by the prospect of federal agents eavesdropping on their phone conversations or combing through their Internet records, there is good news: A little-known board exists in the White House whose purpose is to ensure that privacy and civil liberties are protected in the fight against terrorism.

Someday, it might actually meet.
Initially proposed by the bipartisan commission that investigated the attacks of Sept. 11, 2001, the Privacy and Civil Liberties Oversight Board was created by the intelligence overhaul that President Bush signed into law in December 2004.

More than a year later, it exists only on paper.

Foot-dragging, debate over its budget and powers, and concern over the qualifications of some of its members — one was treasurer of Bush's first campaign for Texas governor — has kept the board from doing a single day of work.

On Thursday, after months of delay, the Senate Judiciary Committee took a first step toward standing up the fledgling watchdog, approving the two lawyers Bush nominated to lead the panel. But it may take months before the board is up and running and doing much serious work.

Critics say the inaction shows the administration is just going through the motions when it comes to civil liberties.

"They have stalled in giving the board adequate funding. They have stalled in making appointments," said Rep. Carolyn B. Maloney (D-N.Y.). "It is apparent they are not taking this seriously."

The Sept. 11 commission also has expressed reservations about the commitment to the liberties panel.

"We felt it was absolutely vital," said Thomas H. Kean, the Republican former governor of New Jersey who led the commission. "We had certainly hoped it would have been up and running a long time ago."

The inaction is especially noteworthy in light of recent events. Some Republicans joined Democrats to delay renewal of the anti-terrorism Patriot Act because of civil liberties concerns. And the disclosure in December that Bush approved surveillance of certain U.S. residents' international communications without a court order has caused bipartisan dismay in Congress.

"Obviously, civil liberties issues are critically important, and they have been to this president, especially after 9/11," said White House spokeswoman Dana Perino, adding that the White House had moved expeditiously to establish the board. "We do not formally nominate until we are through the background investigation and the full vetting. It takes time to present those nominations to the Senate. But now that they have been confirmed, that is a good thing."

The board chairwoman is Carol E. Dinkins, a Houston lawyer who was a Justice Department official in the Reagan administration. A longtime friend of the Bush family, she was the treasurer of George W. Bush's first campaign for governor of Texas, in 1994, and co-chair of Lawyers for Bush-Cheney, which recruited Republican lawyers to handle legal battles after the November 2004 election.

Dinkins, a longtime partner in the Houston law firm of Vinson & Elkins, where Atty. Gen. Alberto R. Gonzales once was a partner, has specialized in defending oil and gas companies in environmental lawsuits.

Foremost among her credentials, she told Senate Judiciary Committee members in a response to their questions, was the two years she spent as deputy attorney general in President Reagan's Justice Department. There, she said, she had to weigh civil liberties concerns while overseeing domestic surveillance and counter-intelligence cases.

The board vice chairman is Alan Charles Raul, a Washington lawyer who first suggested the concept of a civil liberties panel in an opinion article in the Los Angeles Times in December 2001. Raul, a former Agriculture Department general counsel currently in private practice, has published a book on privacy and the digital age and is the only panel member with apparent expertise in civil liberties issues.

The panel's lone Democrat, Lanny J. Davis, has known Bush since the two were undergraduates at Yale. Civil liberties groups regard the Washington lawyer, who worked in the Clinton White House, as likely to be a progressive voice on the panel.

The board also includes a conservative Republican legal icon, Washington lawyer and former Bush Solicitor General Theodore B. Olson, whose wife, Barbara, died in the Sept. 11 attacks. The fifth member is Francis X. Taylor, a retired Air Force general and former State Department counter-terrorism coordinator, who is chief security officer at General Electric Co.

The board members declined to comment for this article. Three referred calls to Dinkins, who referred calls to the White House.

The idea of such a watchdog agency was broached almost immediately after the Sept. 11 attacks, as conservatives and liberals alike saw a need for the government to consider the implications of new and growing anti-terrorism measures.

The idea was to have professionals ask hard questions about whether the government was going too far in collecting and disseminating information about suspected terrorists, and to have those professionals make their views known in regular reports to the president.

The board was given a broad mandate to review the civil liberties effects of proposed regulations and executive branch policies related to the war on terrorism. It will report to Bush.
The law gives the panel access to classified information under certain circumstances, but not the power to subpoena documents. The board, which is within the Executive Office of the president, operates at the behest of the administration.

Civil liberties groups saw it as a promising first step.

"The board has the potential to be an important force in protecting civil liberties if the White House gives the board a role in the policymaking process, as Congress intended," the Center for Democracy and Technology, a Washington advocacy group, wrote at the time the law was passed.

So far, that potential has not been realized.

The Bush administration waited nine months to send the nominations of Dinkins and Raul to the Senate for approval. The three other members of the board did not require Senate confirmation, but they could not function without a chairman.

Doubts about funding also developed. The administration proposed an initial budget of $750,000, which lawmakers doubled. But critics consider that far from adequate. A similar board in the Homeland Security Department was initially proposed to have a $13-million budget.

Some members of Congress are concerned that the administration may still be trying to shortchange the board.

The fiscal 2007 budget that the administration released this month includes no express mention of any funding for it. That triggered a letter of protest from Maloney and Rep. Christopher Shays (R-Conn.) to the Office of Management and Budget.

A spokesman for the office, Scott Milburn, said in an interview that money was being requested for the board, but he declined to say how much.

Congress, which championed the idea of the board, also dragged its heels. Dinkins and Raul were officially nominated in September, when the Senate Judiciary Committee was busy with a Supreme Court nomination. The panel held a confirmation hearing in November, but only two of the 18 members showed up.

The committee finally approved Dinkins and Raul on Thursday without discussion. Judiciary Committee Chairman Arlen Specter (R-Pa.) said his panel moved as quickly as possible considering its other duties, such as Supreme Court nominations, and considering the time the White House took in sending the nominations to the panel.

The top Judiciary Committee Democrat, Richard J. Durbin of Illinois, said in an interview: "They seem to be good people. They have done good things in their lives. But they certainly don't bring any special expertise to what I consider to be an extremely challenging position."

But Durbin said he believed the board could still be a valuable addition to the debate over security and liberty as concern over the growing power of government after Sept. 11 cuts across ideological lines.

Dinkins asserted in her written responses to the Senate committee that the board would not be a pushover for the administration.

"The president will be best served if the board offers unvarnished and candid advice concerning whether counter-terrorism policies are developed with adequate consideration of privacy and civil liberties," she wrote. "It is critical that … the board get up and running as quickly as possible."
 

© 2006 Los Angeles Times

 

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February 23, 2006

Bruce Wick to Russ Feingold

An Open Letter to
 
Senator Russ Feingold
 
From
 
 Bruce Tyler Wick
 
 
22 February 2006


"[T]hat begs the question: how can the US public be convinced to enter a potentially ugly and protracted war in Iran?  A domestic terrorist attack would do the trick. Just consider how long Congress went back and forth over reauthorizing Bush's Patriot Act, but how quickly opposing senators capitulated following last week's nerve-agent scare in a Senate building. The scare turned out to be a false alarm, but the Patriot Act got the support it needed." ["WW III or Bust:  Implications of a US attack on Iran," by Heather Wokusch,Common Dreams, 18 February 2006].

RUSS FEINGOLD, ESQ.
US Senate
517 East Wisconsin Ave., Room 408
Milwaukee, WI  53202-4504

RE:  GOAL LINE DEFENSE--"PATRIOT ACT" RENEWAL

Dear Senator Feingold:

In Saturday’s (18 February 2006) Boston Globe, Robert Kuttner says we should follow your lead, regarding opposition to renewal of the so-called Patriot Act.  I agree with that; and to assist you in that leadership role, respectfully offer the following suggestion.

The Senate’s ability to protect itself and its members from violence may well be regarded as the first of its privileges.  See, Elements of theLaw and Practice of Legislative Assemblies in the United States of America,by Luther Stearns Cushing, §§611(7) and 1499.  No doubt that "privilege"is also a duty, since the lives and liberties of millions depend upon the US Senate’s ability "to provide for its safety and the undisturbed transaction of its business."  [Ohio Constitution II §6, "Powers of each House"].

A "false alarm" is nevertheless an alarm.  Initially at least, the alarm was treated as genuine, heralding either a chemical or biological attack upon persons in the Senate building--as a result of which I understand, the building was evacuated for a time. 

Moreover, the alarm, false as it eventually proved, is said to have changed Senators’ minds and votes on the issue of renewing the Patriot Act.

Put another way, incontinent alarms are themselves breaches of privilege,because they disrupt and intimidate.  Why should false alarms, generated by machinery, be treated any differently than false alarms by the presiding officer?  What would we think of, or do about, a chairman, who cleared the Senate chamber on the pretext of some emergency, whenever a vote appeared to be going against him?

Unless the Senate can secure, or speaking practically, better secure,the safety of its members and staff; it should cease meeting.  No good can possibly come from its sessions, while its concurrence in bad measures, mischief and harm (such as the Patriot Act) will be readily obtained.

My personal view.  Congress should meet somewhere else than Washington, DC, for the duration of this crisis.

Respectfully,

BRUCE TYLER WICK
Attorney at Law
24600 Center Ridge Road #115
P.O. Box 451001
Westlake, Ohio 44145
Phone: 440-899-9425
Fax:     440-899-9424
 
 
 
 
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400 years of ensuring member control of officers, rules and procedure
Q U a d R I c e n t e n n I a l      1 6 0 6   -   2 0 0 6
http://www.angelfire.com/theforce/committeeofthewhole
 
 
 
 
 
 
 
 
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February 19, 2006

Understanding America's Current Constitutional Crisis and Peril,...

 

Sir Edward Coke
(1552-1634)
English jurist (Chief Justice of Common Pleas and King's Bench) and parliamentary leader, whose defense of parliament, Magna Carta, statutes and case law, against Stuart claims of royal prerogative, profoundly influenced the development of both English and American constitutions.
__________________________________


Bush's Constitutional Time Machine

 
America revisits 17th Century England in turmoil


By Bruce Tyler Wick
21 January 2006
 
 
Part TWO of TWO
Part ONE  Truth Be Known


If a government were seeking to deprive a people of their accustomed rights, thereby rendering them insecure, fearful, anxious and docile; where would that government most likely turn for examples, for concepts, for strategy and tactics? Would it not be to that period, when the rights in question, both individual and collective, were still in agitation--contended for, but not yet established?

For Americans, that period--most of the 17th Century--occurred before their national existence had begun, and happened in another part of the world, across the Atlantic in Merry Olde England.

Statecraft (then and now) partakes of so much deception that a king or president can speak the truth occasionally and expect NOT to be believed. So it was, when Charles I told his parliament by message 12 May 1628, he would NEVER abandon the power of arbitrary imprisonment:

"[E]ven though [Charles] had tried to 'satisfy all moderate minds, and free them from all just fears and jealousies on this matter; he found it 'still insisted upon' that 'in no case whatsoever (though they should never so nearly concern matters of state or government) we, or our Privy Council, have power to commit any man without the cause shown.' The acceptance of this proposition, he continued, 'would soon dissolve the foundation and frame of our monarchy.' '[W]ithout overthrow of our sovereignty,' he continued, 'we cannot suffer this power to be impeached.'" [p. 265].

Though not abandoning his claim of power, Charles I offered not to USE commitment without cause (1) against those who would not lend money to the Crown; and (2) "in all causes criminal of ordinary jurisdiction." [Id.]

Charles also made, or seemed to make, other concessions--which appeared yield to the demand of "no commitment without cause shown," while actually preserving the power and Charles' ability to exercise it. For example, in a catchall assurance, Charles promises not to imprison without the cause shown for any other reason, "which in our conscience does not concern the state, the public good, and the safety of us and our people." [Id.]

So in the end, one is left with the "conscience of the king," who in his very same message to parliament has ADMITTED extorting money by imprisonment or threat thereof! [Id.]

Readers may be curious to know what arguments the Attorney General could possibly have advanced in FAVOR of arbitrary imprisonment. The answer, suggested by Charles himself, appears to be "matters of state"--but as importantly, the TRUST that subjects must necessarily afford their king in matters of imprisonment. The cases were "infinite" in number, which required commitment without stating the cause. [p. 249]

In a speech of Sir Edward Coke, which has come down to us, the Attorney General also had asserted (according to Coke), that because the king was trusted in "greater things" than imprisonment, such as wars, coining money, pardons, naturalization and the like; he must have a trust in the lesser manner of imprisonment. [Id.]

Coke denied the validity of this argument, telling the Lords in conference, "The liberty of the person is more than all these; it is the very sovereign of human blessings." Coke also rebutted the Attorney General's argument on this point, by showing that the king's prerogative to coin money and issue pardons could be, and had been, limited by statute. By clear implication, then, ALL of the king's prerogative powers were likewise subject to statutory regulation. [Id.]

Whereas the Attorney General had said the causes requiring arbitrary imprisonment were "infinite" in number, Coke thought them exceedingly rare; and therefore called it "[a] strange proviso that a thing happening once in one hundred years should overthrow and mar so many statutes in continued use." [Id.]

In the Dartmouth College Case (1819), Daniel Webster would many years later make explicit the argument which Coke had only implied. Every limitation upon power will, on occasion, create inconvenience and embarrassment to governments, possibly harmful to the public interest. But as Webster told the US Supreme Court, constitutional limitations on power represent the people's considered judgment to ACCEPT the difficulties created by the occasional want of necessary power--in order to ensure there be "settled limits to its exercise, and a permanent security against its abuse."

Earlier, in the House of Commons' own debates, while formulating the Petition of Right; Coke elaborated what is still the most profound defense of, and justification for, personal liberty--that the king cannot legally possess any powers incompatible with the free status of his subjects, and that free status both logically and naturally entails freedom from arbitrary imprisonment [p. 239]:

"[Arbitrary] commitments will destroy the endeavors of all men. Who will endeavor to employ himself in any profession, either of war, merchandize, or of any liberal knowledge, if he be but a tenant at will of his liberty? For no tenant at will will support or improve anything, because he hath no certain estate; Ergo, to make tenants at will of their liberties destroys all industry and endeavors whatsoever." [p. 241].

Bush's 17th Century Playbook

With a modest streamlining of legal concepts, Mr. Bush's playbook is Charles I's and that of his son James II, both of whose reigns ended early, and in Charles' case, violently.
______________________________
Charles I's terminology:

"Sovereign Power" or "Sovereignty"
"Royal Prerogative"
"Intrinsical Prerogative"
"Prerogative Entrusted by God"

Bush's equivalent terms:

"Inherent Power(s)" of the President
"Plenary Power(s)" of the President
______________________________
Charles I's terminology:

"Reasons of State"

Bush's equivalent term:

"National Security"
_______________________________
Charles I's or James II's terminology:

"Royal Assent to Bills and Petitions"
"Suspending Laws"

Bush's equivalent term or device:

"Presidential Signing Statements"
____________________________

In his (otherwise) magnificent King Day 2006 address, former vice-president Al Gore (who is not a lawyer) fell into the trap of endorsing the notion of "inherent" presidential power:

"Moreover, there is in fact an inherent power that is conferred by the Constitution to the President to take unilateral action to protect the nation from a sudden and immediate threat, but it is simply not possible to precisely define in legalistic terms exactly when that power is appropriate and when it is not."

But the existence of that inherent power cannot be used to justify a gross and excessive power grab, lasting for years, that produces a serious imbalance in the relationship between the executive and the other two branches of government."

Perhaps Mr. Gore meant only "implied power"; that is authority which must necessarily be inferred from other authority, expressly granted. For example, from the president's DUTY to provide Congress "information on the state of the Union" and to "recommend" "measures" for Congress' "consideration" [Art. I, Sec. 3]; one may infer the power to gather such information, for presentation to Congress or for use in formulating proposals to one or both Houses.

Since constitutions are construed EXPANSIVELY, one would probably also infer from the powers or duties just quoted, the implied power to subpoena reluctant witnesses, in order to supply the information such witnesses were unwilling to supply voluntarily. In construing a constitution, such a broad interpretation would not even be a stretch.

But by utilizing the same term, "inherent power," as the president's lawyers; Mr. Gore brings with with the term all its baggage--which is considerable.

"Inherent power" is authority which literally "inheres" in the office, as essential and intrinsic to it. As Coke noted, when confronted with the Lords' reservation to the king of an "intrinsical prerogative"; "intrinsical" power means power, which is absolute--"plenary" in today's terminology--power which cannot be limited or regulated by statute or ANY other authority outside itself:

"'[Intrinsical] is a word we find not much in the law,' he said and, in fact, 'it was no word of the law,' for it meant 'inward, not according to the outward ordinary law.' To call prerogative 'instrinsical,' therefore, was to say that it was 'not bounded by any law, or by any law qualified.' If the Commons were to concede that the king had an 'instrinsical' prerogative, he warned, then all their laws would be 'out.'" [p. 255].

So, if the president may be said to have "inherent power" to imprison or to interrogate, then the president cannot be limited in time, place or manner of imprisonment or interrogation. Only the president's "conscience" would prevent him from imprisoning for life, without charge or trial--or from interrogation by torture. Put another way, "inherent" or "intrinsic" powers are the tools of despots and of despotism. Even when not abused, or not much abused, there is a roguish aspect to these "inherent powers."

In Ohio, courts most commonly use their "inherent powers" to force appropriations from the legislative bodies which fund them. The courts claim (always) they are underfunded, and thus cannot carry out their essential and constitutional functions, without ordering additional funds to be made available to them. But all recognize resort to the courts' supposed "inherent power" to fund themselves is but a temporary expedient--for urgent cases, only--and not a permanent arrangement. If funding disputes continue over any length of time, they are usually resolved by changes in personnel--either of the judges, the legislators, or both.

Similarly, both Houses of Congress enjoy inherent contempt powers, with which to defend themselves, their powers and privileges, as legislative bodies. At one point I've read, the House of Representatives had a small jail in the Capitol, in which it held recalcitrant witnesses. Though both Houses continued to exercise their inherent contempt powers, unaided by any statute, into the 20th Century; those same powers have fallen into disuse over the last hundred years. Why? The answer must be: such inherent powers are now regarded as suspect, illegitimate, arbitrary and lacking in due process; when used against citizens--UNLESS they are backed by statute. Put another way, these inherent contempt powers are now regarded as INSUFFICIENT in themselves.

Since the theology of many churches, even today, holds that rulers derive their just powers from God (rather than consent of the governed); Coke's objection is still apt, concerning "intrinsical prerogatives" of the king being "ENTRUSTED BY GOD." To Coke, the "under God" formulation implied that acts done under the prerogative were "done by the Law of God." This in turn implied that no mere "human" law could "take away" such acts; thereby allowing the king to imprison without showing cause, even in the face of human enactments against such commitments. [p. 255]

Coke doubtless realized what is painfully obvious today; namely, leaders imbued with the sense of Divine Right or Divine Mission are loathe to acknowledge ANY limits upon their power. The only possible solution to this problem (and one which Coke helped to bring about): a change in legal and political theory, eliminating both the "Divine Right" of governors and their divinely sanctioned "Crusades."

Reasons of State -vs.- National Security

"National security" is but another term for Charles I's "reasons of state." Both are elastic concepts, justifying almost any outrage against individual citizens or subjects. But even the most despotic regimes have laws, which get in the way of what their rulers want to do. The utility of a "national security" or "reasons of state" claim: (1) secrecy; and (2) both concepts create an "escape hatch," or all-purpose exception, to a country's laws. In other words, by invoking "reasons of state" or "national security," rulers can violate the law; while at the same time, leave those laws in place, as a symbol of vanished order, regularity and legitimacy.

In response to the Lords' substitute for the Commons' Petition of Right, Coke told the House if the king could imprison for "Reasons of State," as the Lords' fifth proposition had indicated, then the Commons would be back where they had started. To this, Coke declared, "We cannot yield."

The 'Pretended Power' of Suspending Laws

Suspending the operation of laws, before violating them, was an innovation of one of Charles I's sons, James II, who succeeded to the throne upon the death of his brother, Charles II. Yet, while Charles II, outwardly at least, accepted the results of the English Revolution and skillfully managed his parliaments; the Catholic James II did not, and so was driven from the throne in 1688.

The Bill of Rights (1689), which William and Mary accepted, expressly addressed James II's claimed ability to suspend acts of parliament:

"That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;

That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal."

To the extent Mr. Bush's "signing statements" attempt to suspend, alter or dispense with acts of Congress; they are likewise illegal.

The American Constitution, as is well known, did NOT initially contain a Bill of Rights, as such. The first ten amendments to our Constitution also failed to address the Stuart abuse of suspending laws--

--perhaps because the device had been so thoroughly discredited under James II, it was no longer being used or attempted, and therefore, was not a threat; and,

--perhaps because the main body of the Constitution expressly required the president to "take care that the laws be faithfully executed." [Art. II, Sec. 3].

The framers of Ohio's Constitution (1802) were wiser, though, evidently realizing past abuses must STILL and ALWAYS be guarded against, lest they disappear from collective memory, only to be revived by unscrupulous politicians at some future date.

Hence, Section 18 of Article I, Ohio's Bill of Rights:

"No power of suspending laws shall ever be exercised, except by the General Assembly."

There, the prohibition remains, as it has since 1802, a reminder and a sentinel, against the overturning of laws by executive authority. But as has so often been pointed out, constitutional provisions, however salutary, are not self-executing. Indeed, as Charles Sumner once told the Senate, "The people are the substance, the Constitution but their shadow."

SOURCE: Page references are to "Sir Edward Coke and 'The Grievances of the Commonwealth,' 1621-1628," by Stephen D. White, University of North Carolina Press, Chapel Hill, NC (1979).

 



Bruce Tyler Wick is an Ohio attorney and registered parliamentarian, celebrating 30 years in private practice. He was apparently among the first to recognize--surely, the first to argue --the UN Convention Against Torture (CAT), and all of its remedies, apply to the US and all persons subject to its jurisdiction. He can be reached at brucetylerwick@sbcglobal.net.
 
 
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February 17, 2006

Who did What, When???

   
 
U.S. Instigated Iran's Nuclear Policy In the '70s
 
U.S. Instigated Iran's Nuclear Policy In the '70s
 
U.S. Instigated Iran's Nuclear Policy In the '70's
 
by William O. Beeman

 

The White House staff members who are trying to prevent Iran from developing its own nuclear-energy capacity, and who refuse to take military action against Iran "off the table," have conveniently forgotten that the United States was the midwife to the Iranian nuclear program 30 years ago.

Every aspect of Iran's current nuclear development was approved and encouraged by Washington in the 1970s. President Gerald Ford offered Iran a full nuclear cycle in 1976. Moreover, the only Iranian reactor currently about to become operative -- the reactor in Bushire (also known as Bushehr) -- was started before the Iranian revolution with U.S. approval, and cannot produce weapons-grade plutonium.

The Bushire reactor, a "light-water" reactor, produces Pu240, Pu241, and Pu242. Although these isotopes could theoretically be weaponized, the process is extremely long and complicated, and untried. To date, no nuclear weapon has ever been produced with plutonium produced with the kind of reactor at Bushire.

Moreover, the plant must be completely shut down in order for the fuel rods to be extracted -- making the process immediately open to inspection and detection. Other possible reactors in Iran are far in the future.

The American push for Iran's nuclear development was carried out with great enthusiasm. Prof. Ahmad Sadri, chairman of the Department of Sociology and Anthropology at Lake Forest College, in Illinois, was a young man in Iran when the United States was touting nuclear-power facilities to the government of the Shah, in the 1970s. He remembers seeing the American display at the Tehran International Exhibition, which was "dedicated to the single theme of extolling the virtues of atomic energy and the feasibility of its transfer to Iran."

Sadri also remembers an encounter with Octave J. Du Temple, executive director emeritus of the American Nuclear Society, who fondly reminisced about half a dozen trips to Tehran in the early '70s to participate in meetings on "transfer of nuclear technology."

Donald Weadon, an international lawyer active in Iran during that period, points out that after 1972, and the oil crisis, the United States was rabidly pursuing investment opportunities in Iran, including selling nuclear-power plants. He writes that "the Iranians were wooed hard with the prospect of nuclear power from trusted U.S.-backed suppliers, with the prospect of the reservation of significant revenues from oil exports for foreign and domestic investment."

American dissimulation on this point reveals some interesting motives on Washington's part. Iran under the Shah was as much of a threat to its neighbors -- including Iraq -- as it might be said to be today; its nuclear ambitions then could have been inflated and denigrated in exactly the same way that they are being inflated and denigrated today. But the United States was blissfully unconcerned. The big difference today is that Iran is now perceived to be a threat to Israel, and this fuels much of the threat of military action.

Even those who admit that the United States helped start Iran's nuclear development can produce only two factors that make a difference in how Iran should be treated today, as opposed to the '70s. The most recent factor is President Mahmoud Ahmadinejad's widely denounced remarks attacking Israel. The second, older factor is Iran's alleged concealment of nuclear-energy development in the past.

President Ahmadinejad's remarks have little or no connection with any probable action on Iran's part regarding Israel. His pronouncements were designed primarily to shore up support from extremist elements among his revolutionary supporters. Moreover, he has no control over Iran's foreign policy or its nuclear-energy program, and his views are not embraced by Iran's clerical leaders.

However, the second accusation -- that Iran has "regularly hidden information about its nuclear program" -- is equally specious. When the reports of the United Nations inspection team are examined, one realizes that much of what the United States has called "concealment" was never concealed at all.

Many of the charges about removing top soil and bulldozing material at some of the research sites describe actions that never took place. Moreover, even if one concedes that Iran did conceal some processes, this activity started 18 to 20 years ago, when the revolution was still young and Ayatollah Ruhollah Khomeini was still alive, under completely different political actors from those in power today.

Indeed, whatever Iran did or didn't do in the past, today it is in compliance with the Nuclear Non-proliferation Treaty. There would in fact be no way to accuse Iran of anything if it were not so compliant.

Furthermore, the treaty grants all signatories the right to pursue nuclear research for peaceful purposes of precisely the kind in which Iran is currently engaged.

The mantra "Iran must not get nuclear weapons" has been repeated so often now that most people have come to believe that Iran has them, or is getting them. This implication is completely unproven. The tragedy would be that in the end the United States may goad Iran into a real nuclear-weapons program. The Iranians may reason that since they are being punished for the crime, they may as well commit it.

William O. Beeman, a Brown University professor of anthropology and Middle East Studies, is author of "The 'Great Satan' vs. the 'Mad Mullahs': How the United States and Iran Demonize Each Other."

© 2006 The Providence Journal Co

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February 15, 2006

Benderman Requests Parole

Kevin Benderman Requests Parole
 
- Feb. 13, 2006 -
 
 
Memorandum for Record thru Commander,
Ft. Lewis RCF, Ft. Lewis, WA 98433
FOR U.S. Army Clemency and Parole Board
1941 Jefferson Davis Highway 2nd Floor
Arlington, Virginia 22202-4508.
 
SUBJECT:  Parole/Clemency Request in the Case of United States vs. Kevin M. Benderman
 

I am respectfully requesting early release, by way of parole or reduction of sentence to time served. 

In a different type of service, I have given 10 years to the U.S. Army, always placing the Army's needs before my own.  Until my tour of duty in Iraq, I enjoyed my responsibilities as an NCO, and thought myself reasonably good at them.  However, when I realized I could no longer perform those duties, I applied for conscientious objector status.  Both CO status, and the procedure for obtaining it, are expressly recognized by Army regulations.

Even without acting on my CO application, my command made the decision to prosecute me for desertion and missing movement.  As I understand the law and practice concerning CO applications; until my application was decided, I should have been assigned no duties which set me up for charges--whether desertion, missing movement, or anything else.

Laying the CO regulations to one side, however, I did not desert my unit or miss the movements of my unit--the two charges brought against me.  Why not?  Because CSM Samuel L. Coston  released me on 7 January 2005 at 1800 hours, at the conclusion of a meeting between us.  CSM Coston had ordered me to report to him, for the purpose of discussing my reasons for applying for conscientious objector status.  During that interview, CSM Coston ordered me to complete my conscientious objector application!  CSM Coston's order, to complete my conscientious objector application, was fully consistent with Army regulations, as both he and I understood them; namely, that my status with the Army was "on hold," until that application had been acted upon.  Yet, charges against me were commenced before my CO application had been acted upon.

A belated denial of my CO application, based upon claimed "insincerity," was supposed to justify this illegal prosecution.  Of course, it didn't, but merely gave me the opportunity to prove my sincerity the old fashioned way--by going to prison, rather than continuing my military service, and winding up in the same compromising situation I'd found myself previously in Iraq.  Simply put, the only reason I'm in jail is because I wouldn't return to Iraq.  Based upon my actual experience in Iraq, I applied for a CO exemption from my remaining service obligation.

My legal situation, as I understood it then (and now):  I could have avoided or aborted prosecution at any time before conviction, simply by agreeing to get on a plane to Iraq and rejoin my unit.  I would not do this, for all the reasons stated in my CO application.  Having thus proved beyond doubt the sincerity of my CO application, by going to prison rather than serving further in in the Army; there is nothing more for the Army to do with me, except to release me from further military obligation. 

These are the plain facts of my case--why I believe I should be granted early release.  After all, what did I actually do (or omit)?  I filed a CO application to exempt myself from further military service.  The logic of such applications requires me to refuse further service.  Although I was never put in a position of refusing orders; the Army brought me up on charges and convicted me anyway, thereby giving me an opportunity to prove the sincerity of my application--beyond all possible doubt!

I have spent six months thinking about all that has happened.  Considering  the official (and unofficial) disapproval of my actions, I've remained open to the possibility that I might have done something wrong--or at least gone about things in the wrong way.  I'm still waiting for someone to point out to me what I did incorrectly; what procedures I didn't follow; and what orders I didn't obey.  If none can be pointed out, how likely is it there are any?

After giving my country ten years of honorable service, I came to the conclusion--probably in Iraq; no doubt because of my service there--that I could no longer participate in war.  For this, and this alone, my personal integrity and character have been attacked, in a continuous and blatant manner.  Perhaps separation from service is implicit in a CO application of any sort.  If it is, then all the more reason for both Army and me to make a clean break, rather than have the Army trying to hold onto me, as it were, via incarceration.  All things considered, maybe that's the best way of looking at the matter:  CO application means separation; so why not let me and the Army separate, as amicably as we can.  We're obviously no longer suited to each other.  Rather than resist this conclusion, let's embrace it and act on it!

Upon my release, I intend to resume taking care of my family and helping veterans and the military community in two ways: 

--by helping them become reacquainted with their families and friends; and,

--by helping them adjust to life after deployments to combat zones.

I will be residing with my wife, Monica Benderman, in our home in Hinesville, Georgia.  Gainfully employed by then, I'lll be supporting Monica, as well as continuing to assist our three young adult children with the challenges they face.  My incarceration has placed severe financial and emotional hardships upon my family and me--all resulting from conduct (a CO application), expressly authorized by law.

I will be working with Evans Media USA.  My position will be Director of Fund raising, raising and allocating funds--

--for programs designed to assist veterans and active duty military personnel who are experiencing PTSD and related medical and emotional problems; or,

--who are in need of legal or personal counseling. 

These programs will assist veterans and military personnel in overcoming obstacles, which prevent them from making the difficult transition from combat or other military service to the stateside service or the civilian sector--thereby helping them to lead normal lives, without the stigma which often comes with being unable to cope with emotional distress.

The best use of my time and talents, I believe:  to help veterans and military personnel, who are unable to receive the proper medical and psychological treatment through normal channels.  Such treatment that has become necessary, due to sacrifices they have made, which have earned them the right to the best care available.  Rather than expecting government to do everything for us military and former military; I believe we need to help each other.  Our country has provided much for my family and me.  My family and I feel this is the best way for us to continue to serve our country, and to help those who have contributed to its  defense and security.

Prior to incarceration, I had enrolled in a criminal justice program; a program I intend to resume upon my release.  Incarceration has not allowed me to continue my studies in criminal justice.  Resuming my studies in criminal justice--so many vets and even active duty personnel have legal involvement--would surely benefit me directly in my chosen vocation, sketched above. 

In conclusion, may I thank the board for their kind attention in listening to me and considering the proposed early release.

Respectfully,

Kevin M Benderman
Inmate RCF
Ft. Lewis, WA.
 
 
 
 
 
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February 14, 2006

Truth Be Known,...

Presidential Signing Statements
 
 and the 'Petition of Right'

Bush on torture echoes Charles I on arbitrary imprisonment

By Bruce Tyler Wick


Under the US Constitution, Congress is the lawgiver, not the president. Thus, in presenting a bill or joint resolution to the president for his (her) consideration, Congress does not appear in the role of a petitioner, for whom any answer to its petition is possible, even appropriate.

In fact, the Constitution limits the president to three possible responses, when presented with a bill or joint resolution passed by both Houses of Congress. "If he approve [the measure,] he shall sign it, but if not, he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. [Art. I, Sec. 7].

The president also has a third option--doing nothing--when Congress presents him with a bill or joint resolution. This default position, however (doing nothing for ten days, Sundays excepted), results in the bill or joint resolution taking effect (in the case of a bill, becoming "a law"), "in like manner as if he had signed it"; "unless the Congress by their adjournment prevent its return, in which case it shall not be a law." [Id.]

Thus, the ONLY writing the president does, or is permitted to do, as part of the legislative process: to sign his (her) name, indicating approval of bills and joint resolutions; and to submit veto messages, objecting to bills or joint resolutions. That's all!

Yet, note how closely Mr. Bush's "signing statement," concerning the recent amendment, authored by Senator McCain, prohibiting torture and lesser forms of abuse, tracks Charles I’s initial response to the Petition of Right (1628). That Petition concerned among other things, arbitrary imprisonment; intermittent but widespread use of martial law; and forced loans and gifts, extorted by imprisonment or threat thereof.

First, Bush on the McCain Amendment, prohibiting torture and other abuse of prisoners in US custody:

"The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power, which will assist in achieving the shared objective of the Congress and the President, evidenced in Title X, of protecting the American people from further terrorist attacks."

Now, Charles I's response to the Petition of Right:

"The King willeth that right be done according to the laws and customs of the realm; and that the statutes be put in due execution, that the subject may have no just cause of complaint of any wrong, or oppression, contrary to their just rights and liberties, to the preservation whereof he holds himself in conscience as well obliged as of his just prerogative." [p. 266]

Kindly note: in both cases, king and president treat their respective assemblies as mere supplicants, submitting petitions which they, Bush and Charles as lawgivers, are entitled to grant or deny, absolutely or with conditions. In both cases, Bush and Charles appear to GRANT the respective "petitions"--but grant them with conditions, which are legal and linguistic gobbledygook. In fact, one cannot tell, from Bush's and Charles' responses alone, what subjects those responses even treat!

As a statement of the executive’s future intentions, what do these "signing statements" tell us about Bush on torture and Charles I on the Petition of Right? One may properly infer, from the attempt to qualify approval; that both Bush and Charles I intend (or intended) to carry on pretty much after approval as before. Otherwise, why say anything more than "yes" to the legislation?

With the Petition of Right, the House of Commons went on to insist upon an unqualified "yes," and finally got it--though Charles' mental reservations, evidenced by his subsequent conduct, led eventually to civil war, his own death, and to the temporary abolition of the monarchy.

In American constitutional law, the president CANNOT condition his approval of proposed legislation. Once approved, by any of the methods constitutionally provided, the president has only to carry them out: "he shall take care that the laws be faithfully executed." [Art. II, Sec. 3].

Under the US Constitution, then, these "signing statements" ought to be unconstitutional. They are surely improper, constitutionally speaking, as an attempt to recast the president as lawgiver, and Congress as petitioners for those laws. But Judge Alito appears already pledged to the use of presidential signing statements. What happens when the federal courts begin citing them in their decisions?


Bruce Tyler Wick is an Ohio attorney and registered parliamentarian, celebrating 30 years in private practice. He was apparently among the first to recognize--surely, the first to argue--the UN Convention Against Torture (CAT), and all of its remedies, apply to the US and all persons subject to its jurisdiction www.brucetylerwick.blogspot.com
 He can be reached at brucetylerwick@sbcglobal.net.
 
 
 
 
 
Posted by ChoiceAmericaNetwork at 23:42:25 | Permanent Link | Comments (0) |

February 08, 2006

Abuse of Power,...

Power: It's Ours to Give, Not His to Take
 
by John Atcheson
 

Mr. Bush and his cronies would like the argument over illegally wiretapping US citizens to be about who is willing to go the furthest to protect the American people. Predictably, the Democrats are falling into their frame.

But this isn’t about security. It’s about the rights of citizens in a democracy, the abuse of power, and the rule of law in preventing such abuses.

As many have pointed out, FISA gives the President broad authorities and even allows him to act prior getting a warrant.

Notwithstanding the breadth of FISA, many of us – Republicans and Democrats, conservatives and liberals – are willing to examine whether or not we need to change the way we gather intelligence, both domestically and internationally in the age of the Internet, global communication networks, and terrorists.

But in America, as in other democracies, there’s a process for that.

When the leader believes he needs more power, he must go to the people or their representatives and ask them for it. The power in our democratic form of governance, after all, resides with the people. It’s ours to give, not his to take.

President Bush didn’t do that. Acting in secrecy, he simply took the power he wanted for his own. That’s how dictators in banana republics operate.

That’s the issue here. It’s that simple.

This kind of power grab was precisely the kind of abuses our founding fathers were trying to protect us from when they wrote the Bill of Rights.

And it’s not the first time he’s done it. Mr. Bush, like the spoiled preppy frat-boy he is, wants what he wants, and he doesn’t see why he has to be subject to the same limits as the rest of us.

When he wanted to invade Iraq, he manufactured fake intelligence and lied the people and Congress into his tragic and ill-conceived preemptive war.

When he wanted to pass a prescription drug plan designed to benefit the pharmaceutical companies at the expense of the elderly and the nation’s taxpayers, he lied about how much it would cost, and his administration threatened to fire the civil servant in charge of estimating the cost of the program if he told Congress the truth.

When he wanted to Privatize Social Security he lied about the health of the program, the cost of his alternative, and his motives for wanting to kill social security.

When he wanted to escape blame for 911, he said he wasn’t warned about the threat, even though he’d been given an intelligence memo titled "bin Laden determined to attack inside the United States" in August of 2001.

When he wanted to punish folks like Ambassador Wilson who exposed his lies, he mounted a vicious smear campaign that involved outing a covert CIA agent.

Mr. Bush has been willing to use any means necessary to push his own agenda, and he has shown, again and again, that he puts his agenda above the truth, above the rule of law, and above the will of the American people. Look at the pattern of Soviet Style propaganda – paid journalists, fake newsreels, fake town hall meetings featuring phony pre-screened audiences armed with pre-screened questions complete with jack-boot stooges to toss out any citizens who make it past the government-approved attendance lists. Are these the actions one would expect from a self-described "champion of democracy?"

And his domestic spying program hasn’t even made us safer. The FBI says they are getting swamped by poorly substantiated leads from these wiretaps; they tell us their agents are getting pulled from promising investigations to pursue witch hunts, and that America may be less safe as a result of this ill-conceived trampling of our Constitutional rights.

Nevertheless, in the face of doubts about the effectiveness of his domestic spying program, a record of blatant dishonesty and a penchant for grabbing power, Mr. Bush once again launches his fear machine and asks us to just "trust him," and he’ll protect us.

Sorry, Mr president, but trust is something you have to earn; and trust is something you’ve betrayed once too often. We’ve watched you crank up your fear machine so that you can launch your war; enrich your already rich buddies; and snatch away our rights. Frankly, Mr. Bush, you and your lust for power and your "theory of the unitary executive" have become as scary as that which you would protect us from.

The warrant less wiretap program is not about security; it’s not about terrorism. It’s about the rule of law and the rights of citizens. Our rights.

If Americans value freedom, we can never allow any president to snatch our rights simply because he wants them. Tyranny is more often an inside job – freedom is given away more often than it is taken. And the soft siren-song of security has been the instrument of choice for would-be tyrants throughout history.

John Atcheson's writing has appeared in the Washington Post, the Baltimore Sun, the San Jose Mercury News, the Memphis Commercial Appeal, as well as in several wonk journals. Email to: atchman@comcast.net

 

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February 04, 2006

Rove vs. Fitzgerald,....

When Two Worlds Collide
 
 - Rove v. Fitzgerald -
 
by Elizabeth de la Vega

 

 

For Karl Rove, no news from the Plame case -- Special Counsel Patrick Fitzgerald's grand jury investigation into the outing of Valerie Plame Wilson's identity as a CIA agent -- is definitely not good news. Seismic activity is notoriously silent, so we may not be hearing any rumblings at the moment. But speaking as a former prosecutor, I believe it highly likely that, just below the surface, the worlds of Karl Rove and Special Prosecutor Patrick Fitzgerald, shifting like tectonic plates, are about to collide. As was true with Vice President Cheney's top aide, Lewis "Scooter" Libby, charged with obstruction of justice and lying to a federal agent as well as to the grand jury, Rove might not be charged with the leak itself. I am confident, however, that Rove will not leave this party empty-handed. He will, at the very least, almost certainly be charged with making false statements to an FBI agent. Here's why.

For starters, the evidence that Rove deliberately lied to the FBI is overwhelming.

In case anyone's forgotten, on July 14, 2003, eight days after former Ambassador Joseph Wilson in an op-ed in the New York Times publicly questioned Bush's claim that Iraq had tried to acquire "yellowcake" uranium in Africa, columnist Robert Novak wrote that "two senior administration officials" had told him the trip to Niger, which Wilson referenced in that piece, had been arranged by his wife Valerie, whom the officials described as a CIA operative assigned to investigate matters involving weapons of mass destruction.

It is now undisputed that Karl Rove spoke with at least two reporters about Valerie Wilson before Novak's now infamous article appeared: Novak himself (whom Rove has known for 30 years) and Time magazine's Matthew Cooper. Some details of the discussion with Cooper are in dispute, but there's no question that the two men discussed Valerie Wilson's identity as a CIA agent and the administration's claim that she had arranged her husband's trip to Niger. After the conversation, Rove sent an e-mail about it to then Deputy National Security Adviser Stephen Hadley. Rove's aide Susan Ralston has reportedly testified that Rove told her not to log in the phone call, although that was the usual office procedure. On July 17, Cooper wrote an article in which he described conversations with two government officials who claimed Wilson's wife was a CIA agent and had arranged Wilson's trip to Africa. Cooper questioned whether the administration was declaring war on Wilson.

Between July 14 and October 8, when Rove was interviewed by the FBI, the Bush administration held approximately 30 press briefings in which the leak and/or the Iraq-Niger uranium allegations were discussed. There were hundreds of news articles and repeated calls for an investigation by congressmen, columnists, and the CIA.

By mid-September, Karl Rove was increasingly being named as one of the "two senior administration officials" who blew Wilson's cover and Bush's press officer Scott McClellan was facing ever more insistent questions about Rove's involvement. On September 16, McClellan said that "it was ridiculous" to suggest Rove was the leaker. On the morning of September 29, McClellan announced that "the President knows Rove is not involved." From that date to October 8, when Rove was interviewed, Bush and McClellan were specifically questioned about Rove's possible role on ten separate occasions. On October 7, Rove and other White House staffers were required to provide investigators with all documents relating to any contacts they had had with reporters about Joseph Wilson, his trip to Niger, or his wife, Valerie Wilson.

As has now been widely reported, when Karl Rove spoke to FBI agents, he specifically told them that he had not spoken to any reporters about Joseph Wilson's wife before Novak's article appeared.

Given the almost seamless press coverage of the leak during the preceding three months, the time and effort that the White House was devoting to the issue, as well as the intensifying focus on whether he himself had leaked the information, it is impossible to believe that, on October 8, Karl Rove -- known for his brilliance, attention to detail, and legendary memory -- did not remember those two conversations with reporters about Valerie Wilson. If Rove told the FBI agents otherwise, it was surely a deliberate lie.

According to reports, Rove then added that he had first heard about Valerie Wilson from a reporter, though he did not remember which reporter or when he heard it. He also said that he had enlisted the aid of the Republican National Committee and conservative news agencies among other groups to spread disparaging information about Joseph Wilson and his wife, but only after Novak's article appeared.

Rove's elaboration not only compounded his initial lie but also illuminated the world of politics that he has been incapable of leaving behind -- a world that collides head-on with the one Patrick Fitzgerald inhabits, where politics have no place and where laws, and the highest standards of public service, prevail.

Despite his measured words, Fitzgerald revealed much about his worldview in the press conference in which he announced Libby's indictment. He said that the investigation was serious because the disclosure of classified information about a CIA officer could jeopardize national security. But equally serious -- and he repeated this more than once -- was the betrayal of government employees by their own officials. Anyone who has worked as a federal prosecutor for two decades, as has Fitzgerald, has also worked closely, often late and long hours, with law enforcement agents, so it is not surprising perhaps that when asked about the damage caused by the leak, Fitzgerald offered the following:

"I can say that for the people who work at the CIA and work at other places, they have to expect that when they do their jobs that classified information will be protected. And they have to expect that when they do their job, that information about whether or not they are affiliated with the CIA will be protected. And they run a risk when they work for the CIA that something bad could happen to them, but they have to make sure that they don't run the risk that something bad is going to happen to them from something done by their own fellow employees."
Over and over again, in that same press conference, Fitzgerald demonstrated his belief that if you sign onto a system that has certain rules, you have to follow those rules even if it might be personally advantageous to break them. Those who tuned in saw reporters repeatedly ask him about information he could not reveal without violating the rules of grand jury secrecy or prosecutorial ethics. He was asked, for example, whether other people might be charged. He declined to answer. He was asked to evaluate the strength of the case. He declined to answer. He acknowledged how frustrating his inability to answer undoubtedly was to the assembled media, but explained that he couldn't gather information according to the rules of grand jury secrecy -- which prohibit talking about people who were investigated but not charged with a crime -- and then afterwards reveal the information anyway because it was too "inconvenient" not to answer reporters' questions.

Later in the press conference, he said simply, "All I can do is make sure that myself and our team follow the rules."

Fitzgerald's world is far removed from the world of expediency and personal advantage in which Karl Rove operates. In his carefully crafted statements during the FBI interview on October 8, Rove indicated an obvious belief that he could get away with spreading information about government employees for political purposes as long as someone else had revealed that information first, regardless of whether or not the information was disparaging or classified. He did not appear to be concerned with where the information came from, or even whether it was true.

Although it is astounding that Rove would blatantly describe such a despicable ethos (if you can call it that), it should not have been unexpected. In the world of campaign politics that Rove has so long inhabited, smears and personal attacks are designed to seem as if they were spontaneously generated. They can then wander around, undirected, until they finally curl up in America's living rooms like so many mysterious, uninvited guests. These intruders may be rude and destructive, but no one is supposed to be able to get rid of them, in part because no one is supposed to be able to sort out or pinpoint how they got there in the first place. Thus, although Karl Rove has lurked in the background of an unprecedented number of whisper and smear campaigns -- that, for instance, John McCain had an illegitimate child (a rumor spread during the Republican primaries that preceded the 2000 election), or that former Texas Governor Ann Richards was a lesbian (a persistent rumor that was spread during Bush's Texas gubernatorial campaign) -- he has never been held accountable. And that is a state of affairs to which Rove became accustomed.

Rove has escaped responsibility for his sneaky campaign tricks because the candidates for whom he has worked -- most prominently, George Bush -- have had a stunning ability to accept, unquestioningly, the miraculous appearance of information that takes down their opponents. They had no problem about endorsing brazen dishonesty or the least interest in ferreting out bad actors in their camps. At the same time, opposing candidates have had neither the resources, nor the time to fully investigate the attacks before plummeting in the polls. Afterwards, of course, it was already far too late.

Unlike Rove's former adversaries in the political world, however, Fitzgerald has both the time and investigative resources. When Fitzgerald was appointed special prosecutor, all the known facts on the outing of Valerie Wilson indicated that government officials had broken the rules, if not the law. It's no surprise then that Fitzgerald has pursued the matter vigorously; nor should it be a surprise that Rove's statement to the FBI on October 8 would have raised some obvious red flags and caused Fitzgerald to become skeptical. Rove deliberately omitted key information about conversations with reporters that he could not possibly have forgotten; he claimed to have heard classified government information only from a reporter -- despite the fact that he himself was one of the highest government officials in the nation; and then he admitted that he had no qualms about enlisting surrogates to betray government employees in order to achieve political gain.

Rove's statement raised more questions than answers. It also opened a window into the world of a President's key adviser who never left campaign mode and who had never before been tripped up, no matter what he did. Such a man would be quite unprepared for an investigator like Fitzgerald who operates under a very different timetable and in a world ordered by radically different rules.

Now that Rove's statement has been shown to be so obviously false, it would be most surprising if when his world and Fitzgerald's collide, the result isn't a political earthquake. The moment an earthquake arrives remains impossible to predict, but it would be surprising if, in the CIA leak case, the impact of a Rove indictment did not cause massive aftershocks.

Elizabeth de la Vega is a former federal prosecutor with more than 20 years of experience. During her tenure, she was a member of the Organized Crime Strike Force and Chief of the San Jose Branch of the U.S. Attorney's Office for the Northern District of California. Her pieces have appeared in the Nation Magazine, the Los Angeles Times, and Salon. She writes regularly for Tomdispatch. She may be contacted at ElizabethdelaVega@Verizon.net.

 

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