June 29, 2006

The Fruitcakes are in Flames,....

 

TREASON: “FIRING SQUAD”

FOR THE NEW YORK TIMES?

By Greg Palast



The Right Wing has gone hog-ass wild over the New York Times' "shocking" report that the Bush Administration is actually tracking terrorists' money transfers. Oh my!

The fruitcakes are in flames! "Stand them in front of a firing squad or put them in prison for the rest of their lives," says one pinhead on Fox TV.

For what? The stunning news that the government is hunting the source of al-Qaeda's cash? "Osama! You must stop using your ATM card! Condi Rice is reading our bank statements!"

Somehow, I suspect bin Laden already assumes his checkbook is getting perused.

It is worth noting that the fanatic screeching for a "firing squad" is a guy who claims to be a former CIA agent. No one can confirm his claim of course, but this character, Wayne Simmons, has made his career blabbering away juicy intelligence secrets to sell himself as an "expert," stuff far racier than the Times' weak report. Well, hypocrisy never stood in the way of the Foxes in the news house.

You want to talk "treason"? OK, let's talk treason. How about Dick Cheney telling his creepy little hitman 'Scooter' Libby to reveal information that led to the naming of a CIA agent? Mr. Simmons, do you have room in your firing squad schedule for the Vice-President?

And no one on Fox complained when the Times, under the by-line of Judith Miller, revealed the secret "intelligence" information that Saddam was building a bomb.

Yes, let's talk treason. How about this: Before the 9/11 attack, George Bush's intelligence chieftains BLOCKED the CIA's investigation of the funding of al-Qaeda and terror.

The "Back-Off" Directive

On November 9, 2001, BBC Television Centre in London received a call from a phone booth just outside Washington. The call to our Newsnight team was part of a complex pre-arranged dance coordinated with the National Security News Service, a conduit for unhappy spooks at the CIA and FBI to unburden themselves of disturbing information and documents.

The top-level U.S. intelligence agent on the line had much to be unhappy and disturbed about: what he called a "back-off" directive.

This call to BBC came two months after the attack on the Pentagon and World Trade Towers. His fellow agents, he said, were now released to hunt bad guys. That was good news. The bad news was that, before September 11, in those weeks just after George W. Bush took office, CIA and Defense Intelligence Agency (DIA) personnel were told to "back off" certain targets of investigations begun by Bill Clinton.

The agent said, "There were particular investigations that were effectively killed."

Which ones? His reply was none too comforting: Khan Labs.

On February 11, 2004, President Bush, at an emergency press briefing, expressed his shock -- shock! -- at having learned that Dr. A. Q. Khan of Pakistan was running a flea market in fissionable material. But, we knew that from the agent's call -- nearly three years earlier. As the intelligence insider told us, the Khan investigation died because the CIA was not allowed to follow down the money trail ... to Saudi Arabia.

Apparently, the Saudis, after Saddam Hussein attacked Kuwait in 1991, switched their funding for an "Islamic bomb" from Iraq to Pakistan. Dr. Khan used the Saudi loot to build and test his bomb -- then sell off the blueprints and bomb-fixings to North Korea and Libya. This was, one might say, a somewhat dangerous situation. But Bush's spymasters made it a policy to "See No Saudi Evil" -- so the investigation died.

What You "Ought Not to Know."

Closing the agencies eyes to the Khan bomb was not the only spike. That same week in November 2001, unhappy FBI agents "accidentally" left an astonishing dozen-page fax on the desks of our NSNS colleagues. It was marked, "199-I -- WF" and "SECRET."

The code "199-I" means "national security matter" in FBI-speak. It was about what the FBI deemed "a suspected terrorist organization." What made the document special -- and earned the anger of the two agents who "lost" it for us -- is that it indicates that the "suspected terrorist" activities were not investigated until September 13, 2001, despite a desire by agents to investigate these characters years earlier.

Who was exempt from investigation? That was on page 2 of the 199-I document. The FBI was hunting in Falls Church, Virginia, for "ABL," Abdullah bin Laden, nephew of Osama. They were also seeking another relative, Omar bin Laden (or "Binladden" in the alternative translation of the Arabic name). But by September 13, when the restrictions on agents were removed, the bin Ladens were gone.

Why did buildings have to fall before the FBI could question the bin Ladens? Because, frustrated agents noted, the "suspected terrorist organization" was funded directly by the Saudi Royal family.

The suspect group, the World Association of Muslim Youth, operated soccer clubs -- and a whole lot more. For example, there was its shuttle operation for jihadi warriors to Bosnia and, foreign intelligence agencies told us at BBC, alleged involvement of WAMY members in bombings.

In the face of these accusations, the Saudi supreme dictator, King Abdullah, praised WAMY, saying, "There is no extremism in the defending of the faith." That's his opinion.

Abdullah bin Laden brought WAMY to the USA where, in a summer camp in Florida, little kids were given instruction in baseball and in the glories of hostage-taking (no kidding).

But the FBI's investigation of the bin Ladens and their group was out of the question so long as the Bush Administration kept intelligence agencies from following the funds transfers of the House of Saud.

That November night in 2001, when we were about to televise the 199-I memo, my BBC producer, Meirion Jones, sought out the FBI's comment, assuming we'd get the usual, "It's baloney, a fake, you misunderstand, it ain't true."

But we didn't get the usual response.

Rather, FBI headquarters in Washington told us: "There are lots of things the intelligence community knows and other people ought not to know."

"Ought not to know"?!?

We ran the story of the Bush Administration's impeding investigations of the funding of terror. BBC ran it at the top of the nightly news in Britain and worldwide. It hit the front pages of newspapers around the globe -- except in the USA. In America, the New York Times and our other news outlets were still accepting the Bush Administration's diktat that intelligence "information" -- that is, news of disastrous intelligence failures -- was something the Times' readers, "ought not to know."

So I'm tempted to say that, Yes, the New York Times has committed treason -- not by reporting on what Bush's spies are doing, but on failing to report on what Bush's spies did not do: a deadly failure to follow the money before September 11 because the House of Bush chose to protect the House of Saud.


**********
Greg Palast is the author of the New York Times bestseller,
Armed Madhouse: Who's Afraid of Osama Wolf?, China Floats Bush Sinks, the Scheme to Steal '08, No Child's Behind Left and other Dispatches from the Front Lines of the Class War.

 
 
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June 25, 2006

In Consideration of Peace

 

In Consideration of Peace

 

by Monica Benderman

  

Not long ago I had the opportunity to visit Washington DC to present statements at a Congressional Briefing hosted for the purpose of helping people to better understand the definition of Conscientious Objection.  Washington is the political capital of our country, and the politics are evident these days.  At every opportunity protestors participate in rallies and marches, all making political statements and pushing their organizations’ agendas, vying for the best opportunity to ensnare the greatest public notice for their cause.  Perhaps it has always been this way, perhaps my childhood memories are memories I want to have, not the realistic vision I should have.  Does it matter?  I have to wonder why the vision we have can’t be the vision that is real.   

 

My vision of Washington, the childhood memory, is that this city encompasses, above all others, the true history and heritage of the United States of America.  I remember walking along the mall, stopping at the reflecting pool and taking time to “reflect” on the images mirrored in its surface. 

 

I remember reading the inscriptions on the Lincoln Memorial, feeling the presence of proud spirit at the monuments honoring our veterans from the World Wars, Korea, and Viet Nam. 

 

I remember the sense of awe at what these Americans had fought for – they said it was for all of us – but how few of us seem to care.

 

The Library of Congress houses every book Americans have written. 

 

The Smithsonian honors our accomplishments from the greatest to the smallest – from journeys to the far reaches of space, to the history of the farmers who overcame great hardship, risking everything they had to help build our heartland to provide the sustaining resources the people of this country would need. 

 

Above all, the memory most vivid is the swinging pendulum standing before the first American flag.  I remember waiting for the time that the “magical doors” would open giving a momentary glimpse of a treasure from the beginnings of a new country – the doors closing far too quickly. But then maybe there’s more to it than simple preservation of an historic relic; just as a fleeting glimpse of the original Declaration of Independence calls to mind the same thought.  Maybe that is all we are shown of this history, because it is really all the time we care to give to this history – to our history – a nation some people still choose to call the “land of the free.” 

 

I sat on a bench at the end of the reflecting pool on my last visit to Washington, and I realized that I wanted our history back.  I wanted people to see the National Park I now sat in, those monuments to the sacrifice and courageous efforts of millions of United States citizens, as a place of peace.  I wanted the citizens of this country to give respect to what we once were, and to stop and reflect on the laws our founding fathers worked so hard to weave into the framework of the Constitution they believed would keep us free. 

 

The United States of America was founded on the blood, sweat and tears of people who fought for freedom – freedom to live with the rights that all people deserve.  This country was not established as an anarchy – those first Americans did not declare their independence from laws or from being governed.  The revolutionaries of our War for Independence fought for the right to establish a new country; one governed by laws based on humanity, and the freedoms afforded by respecting the rights of humanity- not the rights of the chosen few. 

 

Sitting at the reflecting pool, listening to the protestors and the speakers, I could not see the country we had been in any of their actions – I could only see the country we had become. 

 

People say our soldiers fought, and continue to fight for our freedom.  I say – our soldiers have no choice – our citizens give them no choice.  We were once a nation of laws, we have now become a nation that has lost sight of the freedoms our laws had given, and the service of our soldiers and veterans will become an endless sacrifice if our citizens continue to grow more committed to the belief that our world is their world, and our laws only interfere with their individual rights; forgetting that by demanding individual rights, we are also committing ourselves to respecting the rights of others – we should be anyway. 

 

Our founding fathers gave us laws because they knew the weaknesses of human beings.  Without laws, there is only chaos.  Looking into the reflecting pool, as a myriad of protestors stood shouting for their individual rights, what was mirrored back was not the peace our founding fathers hoped for as they signed their names to the Constitution they so painstakingly prepared, but the chaos they envisioned if their work had not been done.   

 

Eleven months ago, Sgt. Kevin Benderman was sent to military prison, convicted of the charge of Missing Movement or failure to get on a plane.  He was never given an order to do so, but the command found a way to avoid following the law – in many cases to completely disregard the law, justifying it by claiming that they never knew the law – and my husband was sent to jail for something he did not do.  Through his entire 10 years of service to this country, Kevin was a dedicated soldier, defending our Constitution by obeying commands, fulfilling every duty and serving honorably in Iraq.  He defended the Constitution, the document which supported his actions when he legally used military regulation 600-43 to file a Conscientious Objection to his further participation in war; thus exercising his freedom of choice in an even greater spirit of Truth than when he had done so by going to war. 

 

Kevin continues to face retribution for his actions, even as he serves out a sentence for a conviction based on his command’s incompetence and disregard for the law.  Inmates at the “corrections facility” where Kevin is confined live in chaos, never knowing when they will be given a Disciplinary Report and “corrective actions.”  They are never given a true understanding of the reasons, because the “good order” demanded by law is not maintained when a command believes it can interpret the law at its own whim, bending, re-wording and manipulating rules based on a false sense of power.  Kevin adheres to the regulations legally supported by our nation’s Constitution, not the rules as he or his command interpret them.   This is not always a popular choice, but it is the law, and for adhering to the law, Kevin is punished by those who have admitted to not even knowing what that law is.

 

We are a nation of laws, and it is our laws that give us freedom -- NOT our soldiers, nor waging wars in foreign countries where people might threaten us.  Our laws were created because people do not have enough respect for freedom, nor enough understanding of freedom to allow freedom for all without our laws.

 

Our soldiers volunteer to defend our Constitution, our laws – and therefore our freedom.  The complete disregard for our laws now evident in the actions of people from every range of the political spectrum is a travesty and disrespectful of the sacrifice made by those who have had the courage to put their lives on the line to defend the laws that keep us all free. 

 

Sgt. Kevin Benderman chose to exercise his moral and ethical choice in a manner that is supported by the laws of our country.  He is proud of the principles by which he has chosen to live.  He did not choose to run from his conscience, he did not choose to hide it in “safe haven.”  He stood proudly for his beliefs.  He faced the injustice given to him with his head high – knowing that his actions defended the integrity of the vision our founding fathers had for a country they hoped would be a beacon of freedom – a country built on laws that allow all of us the right to peace. 

 

There was no peaceful memory from my time near the reflecting pool in Washington DC on this last visit.  There was sadness brought by the demonstration of disrespect for the history that stood in the shadows of a thousand different people speaking over each other demanding their rights, as they disrupted the memory of millions of Americans who had used the freedoms our Constitution allowed, and as soldiers of war and soldiers of peace, let their conscience lead them in service – their actions, not their words, defending the Laws on which our nation was founded. 

  

Monica Benderman is the wife of Sgt. Kevin Benderman, currently serving a 15-month sentence for Missing Movement, at the RCF, Ft. Lewis, WA – an American soldier and a Conscientious Objector to war and the direction this country is currently heading. 

Please visit www.BendermanDefense.org and www.BendermanTimeline.com for more information. 

 

Monica and Kevin may be reached at mdawnb@coastalnow.net

 

CHOICE AMERICA NETWORK

 

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June 22, 2006

Resolution demands White House to turn over NSA requests

 
House Judiciary Committee Demands NSA Records
 
 
In a surprise move Wednesday, the House Judiciary Committee passed a resolution that demands the Administration turn over requests made by the NSA and other federal agencies to phone companies to obtain information about ordinary Americans without warrants. The resolution had the support of Chairman James Sensenbrenner (R-Wis.), who promised to seek a vote on the resolution from the full House if the Administration does not comply with his requests for information. June 22, 2006
 
 
 
 
 
 
 
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June 11, 2006

BushFall

 

BUSHFALL

Click the Lightning Bolt and Enjoy!

 

CHOICE AMERICA NETWORK

 

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June 10, 2006

The Zarqawi Invitation

 
UNREPORTED:
 
THE ZARQAWI INVITATION
 
by Greg Palast

 
They got him -- the big, bad, beheading berserker in Iraq.  But, something's gone unreported in all the glee over getting Zarqawi … who invited him into Iraq in the first place?
 
If you prefer your fairy tales unsoiled by facts, read no further.  If you want the uncomfortable truth, begin with this:  A phone call to Baghdad to Saddam's Palace on the night of April 21, 2003.  It was Secretary of Defense Donald Rumsfeld on a secure line from Washington to General Jay Garner.
 
The General had arrives in Baghdad just hours before to take charge of the newly occupied nation.  The message from Rumsfeld was not a heartwarming welcome.  Rummy told Garner, Don't unpack, Jack -- you're fired.
 
What had Garner done?  The many-starred general had been sent by the President himself to take charge of a deeply dangerous mission. Iraq was tense but relatively peaceful.  Garner's job was to keep the peace and bring democracy.
 
Unfortunately for the general, he took the President at his word.   But the general was wrong.  "Peace" and "Democracy" were the slogans.
 
"My preference," Garner told me in his understated manner, "was to put the Iraqis in charge as soon as we can and do it in some form of elections."
 
But elections were not in The Plan.
 
The Plan was a 101-page document to guide the long-term future of the land we'd just conquered.  There was nothing in it about democracy or elections or safety.  There was, rather, a detailed schedule for selling off "all [Iraq's] state assets" -- and Iraq, that's just about everything -- "especially," said The Plan, "the oil and supporting industries."  Especially the oil.
 
There was more than oil to sell off.  The Plan included the sale of Iraq's banks, and weirdly, changing it's copyright laws and other odd items that made the plan look less like a program for Iraq to get on its feet than a program for corporate looting of the nation's assets.  (And indeed, we discovered at BBC, behind many of the odder elements -- copyright and tax code changes -- was the hand of lobbyist Jack Abramoff's associate Grover Norquist.)
 
But Garner didn't think much of The Plan, he told me when we met a year later in Washington.  He had other things on his mind.  "You prevent epidemics, you start the food distribution program to prevent famine."
 
Seizing title and ownership of Iraq's oil fields was not on Garner's must-do list.  He let that be known to Washington.  "I don't think [Iraqis] need to go by the U.S. plan, I think that what we need to do is set an Iraqi government that represents the freely elected will of the people."  He added, "It's their country … their oil."
 
Apparently, the Secretary of Defense disagreed.   So did lobbyist Norquist.  And Garner incurred their fury by getting carried away with the "democracy" idea:  he called for quick elections -- within 90 days of the taking of Baghdad.
 
But Garner's 90-days-to-elections commitment ran straight into the oil sell-off program.  Annex D of the plan indicated that would take at least 270 days -- at least 9 months.
 
Worse, Garner was brokering a truce between Sunnis, Shias and Kurds.  They were about to begin what Garner called a "Big Tent" meeting to hammer out the details and set the election date. He figured he had 90 days to get it done before the factions started slitting each other's throats.
 
But a quick election would mean the end of the state-asset sell-off plan:  An Iraqi-controlled government would never go along with what would certainly amount to foreign corporations swallowing their entire economy.  Especially the oil.  Garner had spent years in Iraq, in charge of the Northern Kurdish zone and knew Iraqis well.  He was certain that an asset-and-oil grab, "privatizations," would cause a sensitive population to take up the gun.  "That's just one fight you don't want to take on right now."
 
But that's just the fight the neo-cons at Defense wanted.  And in Rumsfeld's replacement for Garner, they had a man itching for the fight.  Paul Bremer III had no experience on the ground in Iraq, but he had one unbeatable credential that Garner lacked:  Bremer had served as Managing Director of Kissinger and Associates.
 
In April 2003, Bremer instituted democracy Bush style:  he canceled elections and appointed the entire government himself.  Two months later, Bremer ordered a halt to all municipal elections including the crucial vote to Shia seeking to select a mayor in the city of Najaf.  The front-runner, moderate Shia Asad Sultan Abu Gilal warned, "If they don't give us freedom, what will we do?  We have patience, but not for long."    Local Shias formed the "Mahdi Army," and within a year, provoked by Bremer's shutting their paper, attacked and killed 21 U.S. soldiers.
 
The insurgency had begun.  But Bremer's job was hardly over.  There were Sunnis to go after.  He issued "Order Number One:  De-Ba'athification."  In effect, this became "De-Sunni-fication."
 
Saddam's generals, mostly Sunnis, who had, we learned, secretly collaborated with the US invasion and now expected their reward found themselves hunted and arrested.  Falah Aljibury, an Iraqi-born US resident who helped with the pre-invasion brokering, told me, "U.S. forces imprisoned all those we named as political leaders," who stopped Iraq's army from firing on U.S. troops.
 
Aljibury's main concern was that busting Iraqi collaborators and Ba'athist big shots was a gift "to the Wahabis," by which he meant the foreign insurgents, who now gained experienced military commanders, Sunnis, who now had no choice but to fight the US-installed regime or face arrest, ruin or death.  They would soon link up with the Sunni-defending Wahabi, Abu Musab al-Zarqawi, who was committed to destroying "Shia snakes."
 
And the oil fields?  It was, Aljibury noted, when word got out about the plans to sell off the oil fields (thanks to loose lips of the US-appointed oil minister) that pipelines began to blow.  Although he had been at the center of planning for invasion, Aljibury now saw the greed-crazed grab for the oil fields as the fuel for a civil war that would rip his country to pieces:
 
"Insurgents," he said, "and those who wanted to destabilize a new Iraq have used this as means of saying, 'Look, you're losing your country. You’re losing your leadership. You're losing all of your resources to a bunch of wealthy people. A bunch of billionaires in the world want to take you over and make your life miserable.' And we saw an increase in the bombing of oil facilities, pipelines, of course, built on -- built on the premise that privatization [of oil] is coming."
 
General Garner, watching the insurgency unfold from the occupation authority's provocations, told me, in his understated manner, "I'm a believer that you don't want to end the day with more enemies than you started with."
 
But you can't have a war president without a war.  And you can't have a war without enemies. "Bring 'em on," our Commander-in-Chief said.  And Zarqawi answered the call.

 
**********
 
Greg Palast is the author of Armed Madhouse  out this week from Penguin Dutton, from which this is adapted.
 
Armed Madhouse:  Who's Afraid of Osama Wolf?, China Floats Bush Sinks, the Scheme to Steal '08, No Child's Behind Left and other Dispatches from the Front Lines of the Class War. 
Order it now.
 
 
 
 
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June 06, 2006

The "Evacuation"

 
BACK TO THE BUNKER

By William M. Arkin

On Monday, June 19, about 4,000 government workers representing more than 50 federal agencies from the State Department to the Commodity Futures Trading Commission will say goodbye to their families and set off for dozens of classified emergency facilities stretching from the Maryland and Virginia suburbs to the foothills of the Alleghenies. They will take to the bunkers in an "evacuation" that my sources describe as the largest "continuity of government" exercise ever conducted, a drill intended to prepare the U.S. government for an event even more catastrophic than the Sept. 11, 2001, attacks.

The exercise is the latest manifestation of an obsession with government survival that has been a hallmark of the Bush administration since 9/11, a focus of enormous and often absurd time, money and effort that has come to echo the worst follies of the Cold War. The vast secret operation has updated the duck-and-cover scenarios of the 1950s with state-of-the-art technology -- alerts and updates delivered by pager and PDA, wireless priority service, video teleconferencing, remote backups -- to ensure that "essential" government functions continue undisrupted should a terrorist's nuclear bomb go off in downtown Washington.

But for all the BlackBerry culture, the outcome is still old-fashioned black and white: We've spent hundreds of millions of dollars on alternate facilities, data warehouses and communications, yet no one can really foretell what would happen to the leadership and functioning of the federal government in a catastrophe.

After 9/11, The Washington Post reported that President Bush had set up a shadow government of about 100 senior civilian managers to live and work outside Washington on a rotating basis to ensure the continuity of national security. Since then, a program once focused on presidential succession and civilian control of U.S. nuclear weapons has been expanded to encompass the entire government. From the Department of Education to the Small Business Administration to the National Archives, every department and agency is now required to plan for continuity outside Washington.

Yet according to scores of documents I've obtained and interviews with half a dozen sources, there's no greater confidence today that essential services would be maintained in a disaster. And no one really knows how an evacuation would even be physically possible.

Moreover, since 9/11 and Hurricane Katrina, the definition of what constitutes an "essential" government function has been expanded so ridiculously beyond core national security functions -- do we really need patent and trademark processing in the middle of a nuclear holocaust? -- that the term has become meaningless. The intent of the government effort may be laudable, even necessary, but a hyper-centralized approach based on the Cold War model of evacuations and bunkering makes it practically worthless.

That the continuity program is so poorly conceived, and poorly run, should come as no surprise. That's because the same Federal Emergency Management Agency that failed New Orleans after Katrina, an agency that a Senate investigating committee has pronounced "in shambles and beyond repair," is in charge of this enormous effort to plan for the U.S. government's survival.

Continuity programs began in the early 1950s, when the threat of nuclear war moved the administration of President Harry S. Truman to begin planning for emergency government functions and civil defense. Evacuation bunkers were built, and an incredibly complex and secretive shadow government program was created.

At its height, the grand era of continuity boasted the fully operational Mount Weather, a civilian bunker built along the crest of Virginia's Blue Ridge, to which most agency heads would evacuate; the Greenbrier hotel complex and bunker in West Virginia, where Congress would shelter; and Raven Rock, or Site R, a national security bunker bored into granite along the Pennsylvania-Maryland border near Camp David, where the Joint Chiefs of Staff would command a protracted nuclear war. Special communications networks were built, and evacuation and succession procedures were practiced continually.

When the Soviet Union crumbled, the program became a Cold War curiosity: Then-Defense Secretary Dick Cheney ordered Raven Rock into caretaker status in 1991. The Greenbrier bunker was shuttered and a 30-year-old special access program was declassified three years later.

Then came the terrorist attacks of the mid-1990s and the looming Y2K rollover, and suddenly continuity wasn't only for nuclear war anymore. On Oct. 21, 1998, President Bill Clinton signed Presidential Decision Directive 67, "Enduring Constitutional Government and Continuity of Government Operations." No longer would only the very few elite leaders responsible for national security be covered. Instead, every single government department and agency was directed to see to it that they could resume critical functions within 12 hours of a warning, and keep their operations running at emergency facilities for up to 30 days. FEMA was put in charge of this broad new program.

On 9/11, the program was put to the test -- and failed. Not on the national security side: Vice President Cheney and others in the national security leadership were smoothly whisked away from the capital following procedures overseen by the Pentagon and the White House Military Office. But like the mass of Washingtonians, officials from other agencies found themselves virtually on their own, unsure of where to go or what to do, or whom to contact for the answers.

In the aftermath, the federal government was told to reinvigorate its continuity efforts. Bush approved lines of succession for civil agencies. Cabinet departments and agencies were assigned specific emergency responsibilities. FEMA issued new preparedness guidelines and oversaw training. A National Capital Region continuity working group established in 1999, comprising six White House groups, 15 departments and 61 agencies, met to coordinate.

But all the frenetic activity did not produce a government prepared for the worst. A year after 9/11, and almost three years after the deadline set in Clinton's 1998 directive, the Government Accounting Office evaluated 38 agencies and found that not one had addressed all the issues it had been ordered to. A 2004 GAO audit of 34 government continuity-of-operations plans found total confusion on the question of essential functions. One unnamed organization listed 399 such functions. A department included providing "speeches and articles for the Secretary and Deputy Secretary" among its essential duties, while neglecting many of its central programs.

The confusion and absurdity have continued, according to documents I've collected over the past few years. In June 2004, FEMA told federal agencies that essential services in a catastrophe would include not only such obvious ones as electric power generation and disaster relief but also patent and trademark processing, student aid and passport processing. A month earlier, FEMA had told states and local communities that library services should be counted as essential along with fire protection and law enforcement.

None of this can be heartening to Americans who want to believe that in a crisis, their government can distinguish between what is truly essential and what isn't -- and provide it.

Just two years ago, an exercise called Forward Challenge '04 pointed up the danger of making everyone and everything essential: Barely an hour after agencies were due to arrive at their relocation sites, the Office of Management and Budget asked the reconstituted government to identify emergency funding requirements.

As one after-action report for the exercise later put it in a classic case of understatement: "It was not clear . . . whether this would be a realistic request at that stage of an emergency."

This year's exercise, Forward Challenge '06, will be the third major interagency continuity exercise since 9/11. Larger than Forward Challenge '04 and the Pinnacle exercise held last year, it requires 31 departments and agencies (including FEMA) to relocate. Fifty to 60 are expected to take part.

According to government sources, the exercise will test the newly created continuity of government alert conditions -- called COGCONs -- that emulate the DEFCONs of the national security community. Forward Challenge will begin with a series of alerts via BlackBerry and pager to key officials. It will test COGCON 1, the highest level of preparedness, in which each department and agency is required to have at least one person in its chain of command and sufficient staffing at alternate operating facilities to perform essential functions.

Though key White House officials and military leadership would be relocated via the Pentagon's Joint Emergency Evacuation Program (JEEP), the civilians are on their own to make it to their designated evacuation points.

But fear not: Each organization's COOP, or continuity of operations plan, details the best routes to the emergency locations. The plans even spell out what evacuees should take with them (recommended items: a combination lock, a flashlight, two towels and a small box of washing powder).

Can such an exercise, announced well in advance, hope to re-create any of the tensions and fears of a real crisis? How do you simulate the experience of driving through blazing, radiated, panic-stricken streets to emergency bunker sites miles away?

As the Energy Department stated in its review of Forward Challenge '04, "a method needs to be devised to realistically test the ability of . . . federal offices to relocate to their COOP sites using a scenario that simulates . . . the monumental challenges that would be involved in evacuating the city."

With its new plans and procedures, Washington may think it has thought of everything to save itself. Forward Challenge will no doubt be deemed a success, and officials will pronounce the continuity-of-government project sound. There will be lessons to be learned that will justify more millions of dollars and more work in the infinite effort to guarantee order out of chaos.

But the main defect -- a bunker mentality that considers too many people and too many jobs "essential" -- will remain unchallenged.

 

William M. Arkin writes the Early Warning blog for washingtonpost.com and is the author of "Code Names: Deciphering U.S. Military Plans, Programs and Operations in the 9/11 World" (Steerforth Press).

© 2006 The Washington Post Company
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Armed Madhouse

 
LOSER NATION
 
by Greg Palast
 
 
America is a nation of losers. It's the best thing about us. We're the dregs, what the rest of the world barfed up and threw on our shores.
 
John Kennedy said we are "a nation of immigrants." That's the sanitized phrase. We are, in fact, a nation of refugees who, despite the bastards in white sheets and the know-nothings in Congress, have held open the Golden Door to a dark planet.
 
Looking out at the temptest-tossed sea of protesting immigrants today, I finally figured out what's wrong with George Walker Bush. He's so far away from his refugee loser roots that he just doesn't get what it is to be American. So he steals the one thing that every American is handed off the boat: a chance. It's not just the immigrants denied a green card. When Bush threatens to take away your Social Security; when Bush's oil wars hike the price of crude and threaten your union-scale job at the airline; when Bush tells you sleeper cells are sleeping under your staircase, you don't take chances anymore -- you lose your chance -- and the land of opportunity becomes a landscape of fear, an armed madhouse.
 
You want to say that George W. Bush is an evil sonovabitch? I'd go further: he's UN-AMERICAN.
 
And that's why he lost the election. Twice.
 
I'll stick with the losers. Take one, Anna, from Poland, who snuck across the US border near Windsor, Ontario. She was grabbed by La Migra -- 80 years later -- just short of her 100th birthday.
 
My father told Immigration, "OK, send her back." They didn't.
 
Grandma Anna taught me what two million marchers this week are trying to teach that slow learner, George W.: In America, it's not where you come from that counts, it's where you're going.
 
**********
Greg Palast is the author of Armed Madhouse: Dispatches from the Front Lines of the Class War, to be released in June, from which this commentary is adapted. To view Palast's investigative reports for BBC Television, go to www.GregPalast.com
 
 
 
Posted by ChoiceAmericaNetwork at 01:40:03 | Permanent Link | Comments (0) |

June 01, 2006

Issues Affecting Civil Liberties Online

 
Public Policy Issues
 
Affecting Civil Liberties Online
 
 
(1) Veterans Data Breach Highlights Inadequate Privacy Protections
(2) Privacy Act of 1974 Must Be Enforced, Updated
(3) Citizens Should Take Steps to Protect Personal Information
 
 
 
(1) Veterans Data Breach Highlights Inadequate Privacy Protections
 
The revelation that the Department of Veterans Affairs allowed the personal data of millions of men and women who've served this country to fall into the hands of a simple burglar was troubling, but sadly not surprising to those who have tracked the failure of our aging privacy laws to protect citizens' personal information in the digital age.
 
Lawmakers have been slow to acknowledge that the growing frequency and severity of data "spills" in the public and private sectors is symptomatic of an outdated legal regime -- developed before the widespread use of the Internet -- that is dangerously ill equipped to protect Americans from modern privacy threats.
 
Attorney General Alberto Gonzalez responded to this latest breach by vowing to closely monitor for any signs of identity theft and to aggressively pursue offenders. This is an appropriate and necessary response, now that the data has been compromised, but it doesn't come close to providing the comprehensive protection for personal information expected when the Privacy Act was passed in 1974.
 
A growing body of research, supported by years of Government Accountability Office reports, makes clear that it is time to bolster the protections in that law and dramatically improve enforcement.
 
In 2003, GAO made clear that "the government cannot adequately assure the public that all legislated individual privacy rights are being protected."  This report and others made clear that the problem is not with an individual agency but rather an endemic lack of leadership from the White House and its Office of Management and Budget over Privacy Act enforcement.  In the absence of strong Administration leadership, individual agencies have been left to fend
for themselves in bringing their information practices in line with the Privacy Act.
 
The Veterans Administration breach bears interesting parallels to those first reported in 2005 involving data brokers ChoicePoint and Lexis-Nexis. That case triggered firestorm of bad press for the companies involved, renewed public interest in the practice of buying and selling personal information and legislative proposals intended to address the problem.
 
In the aftermath of those highly publicized incidents, many still failed to make the connection between the breaches and the laws -- or lack thereof -- designed to protect the personal information that Americans increasingly relinquish to companies as a cost of doing business.
 
The policy of addressing these data security failures as unfortunate but isolated incidents is no longer viable. In both the government and commercial contexts, the laws that protect Americans' personal information haven't been substantially updated since the widespread adoption of the Internet. Until those laws are updated to reflect the massive data storage, collection and distribution capabilities of Internet and database technology, more and larger data spills will be
inevitable.
 
 
(2) Privacy Act of 1974 Must Be Enforced, Updated
 
To address the concerns raised in its reports on government privacy practices, GAO correctly recommends that agencies be given better guidance and follow best practices. The Office of Management and Budget's Privacy Act guidance was written in 1975 and has never been
comprehensively updated. Technology has evolved enough in the past three years, let alone the past 30, to warrant a thorough rewrite of that guidance. Such a rewrite alone would send a clear message to agency heads and privacy officers that they will be held responsible for the sensitive data in their care.
 
Although renewed leadership on Privacy Act compliance would be an important first step, it's also the case that the law itself is in need of renovation, given the technological revolution that has taken place in the decades since its passage.
 
Because of the rash of high-profile data breaches in the private sector, Congress has focused its legislative efforts on establishing data breach rules for the private sector and has not given the same attention to the serious privacy and security problems in government agencies that collect and maintain databases of personal data on Americans. Indeed, only one of the data-breach bills under consideration even begins to address the federal government's use of personal information.
 
The Personal Data Privacy and Security Act, sponsored by Senators Arlen Specter (R-Pa.) and Patrick Leahy (D-Vt.) would, among other things, require greater oversight over the government's use of personal data and would limit the government's ability to augment its data with additional information purchased from private-sector companies like ChoicePoint.   Today, many government agencies are using this commercial data in ways that violate the spirit of the
Privacy Act, but not the letter of the law.  These practices have encouraged an atmosphere that suggests that the law is not as relevant as it was at the time that it was passed.
 
Enacting those provisions would be another valuable step toward safeguarding Americans personal data against government misuse, but Congress should go further still, by enacting comprehensive legislation to bring Privacy Act into the 21st century. Improved guidance, and fringe regulatory changes can only go so far. The Privacy Act itself, written during the age of the mainframe computer, must be updated to respond to new technologies. Today, a smart phone
can hold as much data as computers that occupied an entire room in 1974. Congress can start by updating the basic definitions of the Act and limiting the routine exemptions on the data.
 
As early as 1977, a Congressional commission found that the Act's central definition -- "systems of records" -- was already outdated. Particularly on the Internet, where multiple databases can be linked, searched, copied and reconfigured, the concept simply does not work. Moreover, privacy advocates and policy-makers have long complained that the "routine use" exemption is being used in ways going far beyond its original intent.  That definition also needs to be reconsidered.
 
Congress may also want to review the effectiveness and applicability of sections of the Taxpayer Browsing Protection Act of 1997, which was passed after abuses by IRS employees, including improper removal of taxpayer records from the agency, were revealed.
 
 
(3) Citizens Should Take Steps to Protect Personal Information
 
There is virtually nothing that individuals can do to prevent their personal data from being exposed in breaches like those experienced by the Veterans Administration, ChoicePoint and Lexis-Nexis. In the case of the Veterans Administration, veterans themselves had little say in what information was stored about them and how it was handled.
 
But there are steps that individuals can take -- both under normal circumstances, and in the wake of a data breach -- to minimize the damage caused by having their information improperly exposed.
 
Every adult, regardless of whether they believe their information has been improperly exposed, should closely follow their bank and credit activity, including performing regular credit checks with the three major credit reporting agencies. Federal law requires those companies to provide one free credit check a year.
 
Individuals who believe their personal data has been compromised should contact one of the three reporting agencies and request that fraud alerts be added to their credit reports. Seven states now allow consumers to go a step further by requesting that a "credit freeze" be placed on their report. Consumers should close accounts that have been tampered with or opened fraudulently and alert local police if they detect evidence of identity theft.  Victims should also file
complaints with the Federal Trade Commission online or by calling (877) ID-THEFT (438-4338).
 
 
ID Theft Prevention Tips http://www.consumer.gov/idtheft
 
 
 
 
 
Posted by ChoiceAmericaNetwork at 10:54:28 | Permanent Link | Comments (0) |