Tuesday, January 27, 2009

 

The Guardian: The worst of times: Bush's environmental legacy examined

Tmssa090114

The worst of times: Bush's environmental legacy examined

With four days to go until president-elect Barack Obama takes is inaugurated, history is documenting George Bush's environmental record at home and abroad. Read more on the Bush legacy in The Bush Years supplement in Saturday's paper

The document released by the White House to commemorate George Bush's exit from the most powerful job on the planet describes a president who spent much of the last eight years as a careful steward of the planet. "Throughout his administration, President Bush made protecting the environment for future generations a top priority," says the booklet, Highlights of Accomplishments and Results.

"If only" – went the near-universal response from green organisations. They see the Bush years as a concerted assault, from the administration's undermining of the science on climate change to its dismantling of environmental safeguards to its support for mining and oil interests.

"He has undone decades if not a century of progress on the environment," said Josh Dorner, a spokesman for the Sierra Club, one of America's largest environmental groups.

"The Bush administration has introduced this pervasive rot into the federal government which has undermined the rule of law, undermined science, undermined basic competence and rendered government agencies unable to do their most basic function even if they wanted to. We're excited just to push the reset button."

The tone was set in the first 100 days when Bush reneged on a campaign promise to regulate carbon dioxide from coal-burning power plants, the biggest contributors to global warming. Days later, the White House announced that America would not implement the Kyoto global climate change treaty.

The two moves at the time were seen as a sign of surrender from Bush, a former oil man, to America's coal and oil industries.

Christine Todd Whitman, who was the head of the Environmental Protection Agency at the time, later described the exit of Kyoto as "the equivalent to 'flipping the bird,' frankly, to the rest of the world".

But it was the manner of Bush's exit from Kyoto that provided the most sustained damage, say environmentalists, with the administration injecting doubt on the science that demonstrated an urgent need to deal with climate change.

"The idea of a head of state putting the science question on the table in the way that he did was horrifying to most of the rest of the world," said Eileen Claussen, president of the Pew Centre on Global Climate Change.

The disinformation campaign became a defining element of the Bush era – and was perhaps the most damaging.

"Certainly the most destructive part of the Bush environmental legacy is not only his failure to act on global climate change, but his administration's covert attempt to silence the science alerting us to the urgency of the problem," said Jonathan Dorn of the Earth Policy Institute (EPA) in Washington.

The campaign to keep the public unaware of the evidence on climate change came to light in October 2004 when the Nasa scientist, James Hansen, accused the Bush administration of trying to block data showing an acceleration in global warming.

The full extent of the White House efforts to downplay, distort and outright censor the science on climate change remains unclear – but such efforts continued even after Hansen accused the Bush administration of censorship.

In July 2008, Jason Burnett, a former official at the EPA, wrote a letter to the Senate describing efforts by the office of the vice-president, Dick Cheney, and the White House Council on Environmental Quality to censor discussion of the consequences of climate change.

Burnett said the White House tried to circumvent a 2007 Supreme Court decision compelling the EPA to regulate car emissions by doctoring scientific findings on the costs of fuel-efficiency standards. The White House objected to a study showing the benefits of raising fuel standards outweighed the costs.

In 2008, officials from Cheney's office sought to doctor testimony prepared for a Senate hearing on California's efforts to impose stricter fuel efficiency requirements than the national standard.

Meanwhile, Bush officials began a concerted effort to strip away a regulatory regime that had been decades in the making.

"Every effort has been made to weaken existing law and there has been no effort to advance regulatory solutions to the most important issue we face, which is climate change," said Frances Beinecke, president of the National Resources Defence Council.

A particular target of the Bush administration's project of deregulation was the Endangered Species Act. The campaign was driven in part by the administration's concern that the act – with its protections for polar bears – could be used to force limits on greenhouse gas emissions.

As with the science on climate change, the Bush Administration has been accused of interfering with scientific findings on wildlife protection for political reasons.

An official report last month found widespread political interference in the management of endangered species. The inspector general's report said that the deputy secretary of the interior, Julie MacDonald, intervened repeatedly to prevent new additions to the endangered species list.

The report said MacDonald, who headed the endangered species protection programme at the US Fish and Wildlife Service, intervened improperly in 13 of the 20 cases under investigation, overruling the recommendations of field biologists that species be protected.

It described MacDonald's dealings with the field biologists as "abrupt and abrasive if not abusive".

MacDonald resigned in 2007. Dale Hall, a biologist who headed the service, called MacDonald's conduct "a blemish on the scientific integrity of the Fish and Wildlife Service and the Department of the Interior".

Other controversial actions included:

• Gutting key sections of the Clean Water and Clean Air acts

• Dismantling the protections of the Endangered Species Act

• Opening millions of acres of wilderness to mining, oil and gas drilling, and logging

• Defunding programmes charged with the clean-up of toxic industrial wastes such as arsenic, lead and mercury

• Reducing the enforcement effort in the Environmental Protection Agency

• Removing grizzly bears and wolves from the endangered species list

• Endorsing commercial whaling

• Approving mountain-top removal for coal mining

Bush pursued the grand plan of deregulation to his last days in the White House, with a series of last-minute rule changes. Under the new rules, oil companies will be able to drill within sight of the Arches national park in Utah. Federal agencies will no longer be compelled to consult with government wildlife experts when they open up new areas for logging or road construction, and he also barred the EPA from looking at the effects of global warming on protected species.

Some positive changes in the past eight years were inadvertent. The Bush administration's refusal to cap carbon dioxide emissions acted as a catalyst, with 24 states acting on their own to put in place regional cap and trade networks. Some 27 states enacted renewable portfolios, mandating local power companies to produce more of their electricity from sun, wind and solar power. "A lot of things happened because the Bush Administration was so negative about a lot of things," said Claussen.

Bush expanded on a programme launched by Bill Clinton to reduce diesel exhaust, extending the rules to tractors, trains and small ships.

The administration did have one last-minute surprise in store for the green lobby though, by demonstrating a late commitment to ocean conservation. Just two weeks before leaving office, Bush designated nearly 200,000 square miles of the Pacific Ocean as national monuments.

"We and others in the environmental community have been at odds with this administration on lots of things, but if one looks at this one event it is a significant conservation event," said Joshua Reichert, managing director of the Pew Environment Group.


Saturday, January 24, 2009

 

The New Republic: Worse Than Hoover by Alan Brinkley

Crcbr081217


The New Republic
Worse Than Hoover by
The personality flaw that's made Bush one of the worst presidents ever.
Post Date Tuesday, January 13, 2009

We are less than two weeks away from the end of the Bush era, but it is not too early to assess how this important presidency went so disastrously wrong. There are already shelves full of books criticizing Bush and his administration, and there will undoubtedly be more as records become available to reveal what will almost certainly be a generation's worth of damage that we have not yet even recognized. But the whole of Bush's failure is not simply the sum of his administration's parts. The key to his behavior is less ideology than a critical aspect of his character.

Most Americans, I suspect, if asked whether they would prefer a president with strong principles or one who prefers pragmatic politics, would choose an idealist over a realist in a flash. But almost all successful politicians combine principle with pragmatism constantly. They speak of great goals and deep convictions, but they govern in a world that almost always requires compromises, half-measures, and concessions. Abraham Lincoln, our greatest president, is remembered best for his lofty rhetoric, his great public convictions, and his aura of humanity. But Lincoln was also one of the craftiest and most skillful politicians ever to inhabit the White House, a leader who changed course constantly on almost everything except his commitment to the Union and who repeatedly outfoxed even the most powerful and experienced political figures with whom he worked. Franklin Roosevelt was revered by his admirers in the 1930s as a great father figure, committed to reforming American life and embracing the needs of the neediest Americans. But those who worked with him were constantly struck by his political nature, which often led to compromise, inconsistency, and dramatic changes of course. Roosevelt himself, in frank moments, admitted that the only things that interested him were things that worked.

On the other hand, Herbert Hoover, Roosevelt's immediate predecessor, exemplifies the dangers of sticking to one's principles. One of the ablest and most widely admired men in America when he was elected president in 1928, Hoover left office four years later discredited and reviled--a victim of a Depression that he had not created, to be sure, but also a victim of his choice of conviction over pragmatism. Unwilling to challenge the pillars of free-market capitalism, strongly committed to balanced budgets and fiscal prudence, convinced that the natural laws of economics would bring the Depression to a close, he responded to the Depression with such restraint and timidity that had his administration not ended when it did, the entire financial system of the United States might have collapsed.

Bush, like Hoover, has blanketed himself with principles and commitments. But, unlike Hoover, he has built an administration that seems almost purposely designed to ward off any challenges to the President's goals and to protect him from the need to compromise with other areas of government. To a remarkable degree, the Bush White House has created defenses from other areas of government--Congress, the states, leaders of other nations, even other parts of his own administration--in a way that seem designed to create something like an autocracy. This was not because power itself has been Bush's principal goal. He was, apparently, a happy man serving in one of the weakest governorships in the country. But the accumulation of power in the White House has protected him from the need to negotiate and make compromises with others.

For whatever reasons--his difficult family history, his problems with addiction, his failed careers before entering politics, his strong religious convictions--Bush has seemed to be comfortable only when he could make quick and firm decisions, however complicated the issue, and then move on. Admitting mistakes or changing course seems almost contrary to his nature. The "unitary executive," which Dick Cheney has so energetically implemented and defended, was the perfect vehicle for Bush's tendency to prefer conviction over practicality. When Congress passed laws that challenged his convictions, the White House changed them through signing statements. When the Supreme Court struck down policies Bush believed in, the White House largely ignored the decisions. When military leaders pointed out the futility of wartime strategies, Bush ignored the generals and waited for Rumsfeld to replace them. When Hurricane Katrina devastated New Orleans, Bush was not only slow to act, but also never took any significant steps to repair the damage that his administration had done to the agency that was supposed to have helped rebuild the city. FEMA today is little better prepared for another Katrina than it was in 2005.

On the surface at least, Bush--and much of his coterie--are leaving the White House serene and unruffled by their extraordinary unpopularity. That may be a good thing for them as they relinquish their power and look back on their dismal legacy. But the American people would do well, in the aftermath of this disastrous presidency, to consider the value of what may be an uninspiring, but certainly essential, quality of leadership: the ability to experiment, to make changes, to reconsider ideas and principles that fail to work, and to embrace, at least in part, the philosophy of pragmatism that is, not surprisingly, one of the few truly American contributions to the history of ideas.

Alan Brinkley is provost and Allan Nevins Professor of History at Columbia.


Monday, January 19, 2009

 

Time: The Bush Administration's Most Despicable Act




Thursday, Jan. 08, 2009

The Bush Administration's Most Despicable Act

"This is not the America I know," President George W. Bush said after the first, horrifying pictures of U.S. troops torturing prisoners at the Abu Ghraib prison in Iraq surfaced in April 2004. The President was not telling the truth. "This" was the America he had authorized on Feb. 7, 2002, when he signed a memorandum stating that the Third Geneva Convention — the one regarding the treatment of enemy prisoners taken in wartime — did not apply to members of al-Qaeda or the Taliban. That signature led directly to the abuses at Abu Ghraib and Guantánamo Bay. It was his single most callous and despicable act. It stands at the heart of the national embarrassment that was his presidency.

The details of the torture that Bush authorized have been dribbling out over the years in books like Jane Mayer's excellent The Dark Side. But the most definitive official account was released by the Senate Armed Services Committee just before Christmas. Much of the committee's report remains secret, but a 19-page executive summary was published, and it is infuriating. The story begins with an obscure military training program called Survival Evasion Resistance and Escape (SERE), in which various forms of torture are simulated to prepare U.S. special-ops personnel for the sorts of treatment they might receive if they're taken prisoner. Incredibly, the Bush Administration decided to have SERE trainers instruct its interrogation teams on how to torture prisoners. (Read "Shell-Shocked at Abu Ghraib?")

It should be noted that there was, and is, no evidence that these techniques actually work. Experienced military and FBI interrogators believe that torture leads, more often than not, to fabricated confessions. Patient, persistent questioning using subtle psychological carrots and sticks is the surest way to get actionable information. But prisoners held by the U.S. were tortured — first at Guantánamo Bay and later in Afghanistan and Iraq. The Armed Services Committee report details the techniques used on one prisoner: "Military working dogs had been used against [Mohammed al-] Khatani. He had also been deprived of adequate sleep for weeks on end, stripped naked, subjected to loud music, and made to wear a leash and perform dog tricks."

Since we live in an advanced Western civilization, there needs to be legal justification when we torture people, and the Bush Administration proudly produced it. Memos authorizing the use of "enhanced" techniques were written in the Justice Department's Office of Legal Council. Vice President Dick Cheney and his nefarious aide, David Addington, had a hand in the process. The memos were approved by Bush's legal counsel, Alberto Gonzales. A memo listing specific interrogation techniques that could be used to torture prisoners like Mohammed al-Khatani was passed to Secretary of Defense Donald Rumsfeld. He signed it on Dec. 2, 2002, although he seemed a bit disappointed by the lack of rigor when it came to stress positions: "I stand for 8-10 hours a day," he noted. "Why is standing limited to four hours?"

It would be interesting, just for the fun and justice of it, to subject Rumsfeld to four hours in a stress position — standing stock still with his arms extended, naked, in a cold room after maybe two hours' sleep. But that's not going to happen. Indeed, it seems probable that nothing much is going to happen to the Bush Administration officials who perpetrated what many legal scholars consider to be war crimes. "I would say that there's some theoretical exposure here" to a war-crimes indictment in U.S. federal court, says Gene Fidell, who teaches military justice at Yale Law School. "But I don't think there's much public appetite for that sort of action." There is, I'm told, absolutely no interest on the part of the incoming Obama Administration to pursue indictments against its predecessors. "We're focused on the future," said one of the President-elect's legal advisers. Fidell and others say it is possible, though highly unlikely, that Bush et al. could be arrested overseas — one imagines the Vice President pinched midstream on a fly-fishing trip to Norway — just as Augusto Pinochet, the Chilean dictator, was indicted in Spain and arrested in London for his crimes.

If Barack Obama really wanted to be cagey, he could pardon Bush, Cheney and Rumsfeld for the possible commission of war crimes. Then they'd have to live with official acknowledgment of their ignominy in perpetuity. More likely, Obama will simply make sure — through his excellent team of legal appointees — that no such behavior happens again. Still, there should be some official acknowledgment by the U.S. government that the Bush Administration's policies were reprehensible, and quite possibly illegal, and that the U.S. is no longer in the torture business. If Obama doesn't want to make that statement, perhaps we could do it in the form of a Bush Memorial in Washington: a statue of the hooded Abu Ghraib prisoner in cruciform stress position — the real Bush legacy.

See pictures of the abuse revelations that rocked the U.S. and Iraq.

See pictures from inside Guantánamo Bay.



Find this article at:
http://www.time.com/time/nation/article/0,8599,1870319,00.html

Sunday, January 18, 2009

 

The Raw Story: White House: Increase in terror attacks since 9/11 a success



White House: Increase in terror attacks since 9/11 a success
Eric Brewer
Published: Saturday January 10, 2009



One of the many sad ironies of the Bush era that is rapidly and mercifully drawing to a close is that after the president created a "central front in the war on terror" by invading Iraq, the amount of "terrorism" in the world skyrocketed. I call it the Bush Bubble:



At first, the administration seemed a little embarrassed by this result, and it engaged in various attempts, which I've documented over the years and summarized here, at disguising the increase. Interestingly, the public face for many of those shenanigans was John Brennan, formerly head of the National Counterterrorism Center and currently Obama's transition intelligence adviser and pick for the newly created position of deputy national security adviser for counterterrorism.

In July 2005, announcing a new web-accessible database of terrorism incidents compiled by the RAND corporation and available at tkb.org, Brennan said, "We're trying to be as open and transparent to the public as possible."

That lasted a little over two years. Funding was withdrawn from the project on March 31, 2008, probably because people like me were using the analytical tools on the site to produce embarrassing graphs like the one above. Note that the data used in that graph was accessed a couple of months before the site's demise, and the decrease shown for 2007 may reflect incomplete data. The government's own figures, put out by the National Counterterrorism Center but going back only to 2004, show an increase in 2007:



Those increases were largely driven, of course, by the carnage let loose in Iraq subsequent to our invasion. The last time Bush's attention was called to the havoc he wreaked there, his response was a blithe, "So what?"

I didn't want that to be the last word, so on Friday I went back to the White House to throw one more metaphorical shoe at the president. Luckily, Deputy Press Secretary Scott Stanzel was sitting in for Dana Perino and Tony Fratto, both of whom have ignored me these last couple of months. Here's the transcript of my exchange with Scott:

ME: The administration has been boasting about the success of the President's war on terror, yet data compiled by the RAND Corporation show that the global rate of terrorism, as measured by the number of people killed per year, increased by almost fivefold during the Bush presidency. And according to the government's own terrorism statistics, 2007 was the worst year ever, with over 22,000 people killed worldwide. Does the President consider that record a success?

MR. STANZEL: The President considers it very much a success that we have kept this nation safe since the devastating attacks of 9/11. The magnitude of the attacks on 9/11 were unprecedented, unseen, when 19 individuals armed with box cutters flew airplanes into the World Trade Center, the Pentagon, and were fought and died in a field in Pennsylvania.

We have taken the fight to the terrorists. It has been this President's sole mission throughout his presidency to confront those threats where they are. He has a much talked-about Bush Doctrine. The President has made it very clear that if you aid, abet, house, feed, fund a terrorist, you are just as guilty as the terrorist, and that we will also confront the challenges where they emerge so we don't have to face them here at home. And we will work to spread an ideology of hope and freedom, which will be the ultimate tool in combating terrorism around the world.

So I'll move on. Yes, go ahead --

ME: But shouldn't the anti-terrorism efforts reduce terrorism rather than increase it?

MR. STANZEL: Well, I guess you should ask the question, have terrorists -- do terrorists continue to try to kill innocent civilians around the world? Yes, they do. Should we then just take a step back and decide, no, we shouldn't confront those challenges?

ME: But you can try a --

MR. STANZEL: I'm done, I'm going to move on.

ME: -- you can try a different tactic.

MR. STANZEL: Which is -- we have a full tactic, full panoply of tactics that we use, on the diplomatic side, on the defense side, on the homeland security side, and terrorist financing side. So the President is very proud of his record in defending this country and taking the fight to terrorists for the past two terms.


This is probably the last time I'll set foot in the Bush White House. So that's my farewell kiss in honor of the widows, the orphans, and all those killed in Iraq.

Eric Brewer attends White House briefings on behalf of Raw Story and BTC News.

http://rawstory.com/news/2008/White_House_Increase_in_terror_attacks_0110.html

Sunday, January 11, 2009

 

WP: The Pentagon is muscling in everywhere. It's time to stop the mission creep.

Cwvaf090106


The Pentagon is muscling in everywhere. It's time to stop the mission creep.
The Pentagon is muscling in everywhere. It's time to stop the mission creep.

By Thomas A. Schweich
Sunday, December 21, 2008; B01

We no longer have a civilian-led government. It is hard for a lifelong Republican and son of a retired Air Force colonel to say this, but the most unnerving legacy of the Bush administration is the encroachment of the Department of Defense into a striking number of aspects of civilian government. Our Constitution is at risk.

President-elect Barack Obama's selections of James L. Jones, a retired four-star Marine general, to be his national security adviser and, it appears, retired Navy Adm. Dennis C. Blair to be his director of national intelligence present the incoming administration with an important opportunity -- and a major risk. These appointments could pave the way for these respected military officers to reverse the current trend of Pentagon encroachment upon civilian government functions, or they could complete the silent military coup d'etat that has been steadily gaining ground below the radar screen of most Americans and the media.

While serving the State Department in several senior capacities over the past four years, I witnessed firsthand the quiet, de facto military takeover of much of the U.S. government. The first assault on civilian government occurred in faraway places -- Iraq and Afghanistan -- and was, in theory, justified by the exigencies of war.

The White House, which basically let the Defense Department call the budgetary shots, vastly underfunded efforts by the State Department, the Justice Department and the U.S. Agency for International Development to train civilian police forces, build functioning judicial systems and provide basic development services to those war-torn countries. For example, after the 2003 invasion of Iraq, the Justice Department and the State Department said that they needed at least 6,000 police trainers in the country. Pentagon officials told some of my former staffers that they doubted so many would be needed. The civilians' recommendation "was quickly reduced to 1,500 [trainers] by powers-that-be above our pay grade," Gerald F. Burke, a retired major in the Massachusetts State Police who trained Iraqi cops from 2003 to 2006, told Congress last April. Just a few hundred trainers ultimately wound up being fielded, according to Burke's testimony.

Until this year, the State Department received an average of about $40 million a year for rule-of-law programs in Afghanistan, according to the department's Bureau of International Narcotics and Law Enforcement Affairs -- in stark contrast to the billions that the Pentagon got to train the Afghan army. Under then-Defense Secretary Donald H. Rumsfeld, the Defense Department failed to provide even basic security for the meager force of civilian police mentors, rule-of-law advisers and aid workers from other U.S. agencies operating in Afghanistan and Iraq, driving policymakers to turn to such contracting firms as Blackwater Worldwide. After having set the rest of the U.S. government up for failure, military authorities then declared that the other agencies' unsuccessful police-training efforts required military leadership and took them over -- after brutal interagency battles at the White House.

The result of letting the Pentagon take such thorough charge of the programs to create local police forces is that these units, in both Iraq and Afghanistan, have been unnecessarily militarized -- producing police officers who look more like militia members than ordinary beat cops. These forces now risk becoming paramilitary groups, well armed with U.S. equipment, that could run roughshod over Iraq and Afghanistan's nascent democracies once we leave.

Or consider another problem with the rising influence of the Pentagon: the failure to address the ongoing plague of poppy farming and heroin production in Afghanistan. This fiasco was in large part the result of the work of non-expert military personnel, who discounted the corrosive effects of the Afghan heroin trade on our efforts to rebuild the country and failed to support civilian-run counter-narcotics programs. During my tenure as the Bush administration's anti-drug envoy to Afghanistan, I also witnessed JAG officers hiring their own manifestly unqualified Afghan legal "experts," some of whom even lacked law degrees, to operate outside the internationally agreed-upon, Afghan-led program to bring impartial justice to the people of Afghanistan. This resulted in confusion and contradiction.

One can also see the Pentagon's growing muscle in the recent creation of the U.S. military command for Africa, known as Africom. This new command supposedly has a joint civilian-military purpose: to coordinate soft power and traditional hard power to stop al-Qaeda and its allies from gaining a foothold on the continent. But Africom has gotten a chilly reception in post-colonial Africa. Meanwhile, U.S. competitors such as China are pursuing large African development projects that are being welcomed with open arms. Since the Bush administration has had real successes with its anti-AIDS and other health programs in Africa, why exactly do we need a military command there running civilian reconstruction, if not to usurp the efforts led by well-respected U.S. embassies and aid officials?

And, of course, I need not even elaborate on the most notorious effect of the military's growing reach: the damage that the military tribunals at Guantanamo Bay, Cuba, and such military prisons as Abu Ghraib have done to U.S. credibility around the world.

But these initial military takeovers of civilian functions all took place a long distance from home. "We are in a war, after all," Ronald Neumann, a former U.S. ambassador to Afghanistan, told me by way of explaining the military's huge role in that country -- just before the Pentagon seemingly had him removed in 2007 because of his admirable efforts to balance military and civilian needs. (I heard angry accounts of the Pentagon's role in Neumann's "retirement" at the time from knowledgeable diplomats, one of them very senior.) But our military forces, in a bureaucratic sense, soon marched on Washington itself.

As military officers sought to take over the role played by civilian development experts abroad, Pentagon bureaucrats quietly populated the National Security Council and the State Department with their own personnel (some civilians, some consultants, some retired officers, some officers on "detail" from the Pentagon) to ensure that the Defense Department could keep an eye on its rival agencies. Vice President Cheney, himself a former secretary of defense, and his good friend Rumsfeld ensured the success of this seeding effort by some fairly forceful means. At least twice, I saw Cheney staffers show up unannounced at State Department meetings, and I heard other State Department officials grumble about this habit. The Rumsfeld officials could play hardball, sometimes even leaking to the press the results of classified meetings that did not go their way in order to get the decisions reversed. After I got wind of the Pentagon's dislike for the approved interagency anti-drug strategy for Afghanistan, details of the plan quickly wound up in the hands of foreign countries sympathetic to the Pentagon view. I've heard other, similarly troubling stories about leaks of classified information to the press.

Many of Cheney's and Rumsfeld's cronies still work at the Pentagon and elsewhere. Rumsfeld's successor, Robert M. Gates, has spoken of increasing America's "soft power," its ability to attract others by our example, culture and values, but thus far, this push to reestablish civilian leadership has been largely talk and little action. Gates is clearly sincere about chipping away at the military's expanding role, but many of his subordinates are not.

The encroachment within America's borders continued with the military's increased involvement in domestic surveillance and its attempts to usurp the role of the federal courts in reviewing detainee cases. The Pentagon also resisted ceding any authority over its extensive intelligence operations to the first director of national intelligence, John D. Negroponte -- a State Department official who eventually gave up his post to Mike McConnell, a former Navy admiral. The Bush administration also appointed Michael V. Hayden, a four-star Air Force general, to be the director of the CIA. National Security Adviser Stephen J. Hadley saw much of the responsibility for developing and implementing policy on the wars in Iraq and Afghanistan -- surely the national security adviser's job -- given to Lt. Gen. Douglas E. Lute, Bush's new "war czar." By 2008, the military was running much of the national security apparatus.

The Pentagon opened a southern front earlier this year when it attempted to dominate the new Merida Initiative, a promising $400 million program to help Mexico battle drug cartels. Despite the admirable efforts of the federal drug czar, John P. Walters, to keep the White House focused on the civilian law-enforcement purpose of the Merida Initiative, the military runs a big chunk of that program as well.

Now the Pentagon has drawn up plans to deploy 20,000 U.S. soldiers inside our borders by 2011, ostensibly to help state and local officials respond to terrorist attacks or other catastrophes. But that mission could easily spill over from emergency counterterrorism work into border-patrol efforts, intelligence gathering and law enforcement operations -- which would run smack into the Posse Comitatus Act, the long-standing law restricting the military's role in domestic law enforcement. So the generals are not only dominating our government activities abroad, at our borders and in Washington, but they also seem to intend to spread out across the heartland of America.

If President-elect Obama wants to reverse this trend, he must take four steps -- and very quickly:

1. Direct -- or, better yet, order -- Gates, Jones, Blair and the other military leaders in his Cabinet to rid the Pentagon's lower ranks of Rumsfeld holdovers whose only mission is to increase the power of the Pentagon.

2. Turn Gates's speeches on the need to promote soft power into reality with a massive transfer of funds from the Pentagon to the State Department, the Justice Department and USAID.

3. Put senior, respected civilians -- not retired or active military personnel -- into key subsidiary positions in the intelligence community and the National Security Council.

4. Above all, he should let his appointees with military backgrounds know swiftly and firmly that, under the Constitution, he is their commander, and that he will not tolerate the well-rehearsed lip service that the military gave to civilian agencies and even President Bush over the past four years.

In short, he should retake the government before it devours him and us -- and return civilian-led government to the people of the United States.

Thomas A. Schweich served the Bush administration as ambassador for counter-narcotics in Afghanistan and deputy assistant secretary of state for international law enforcement affairs.


Saturday, January 10, 2009

 

Salon: Another brutal year for liberty

Tt090107


Another brutal year for liberty

The good news is that it's clear what the Obama administration must do to end the decade-long war on the Constitution.

By Glenn Greenwald


News

Jan. 1, 2009 | Befitting an administration that has spent eight years obliterating America's core political values, its final year in power -- 2008 -- was yet another grim one for civil liberties and constitutional protections. Unlike the early years of the administration, when liberty-abridging policies were conceived of in secret and unilaterally implemented by the executive branch, many of the erosions of 2008 were the dirty work of the U.S. Congress, fueled by the passive fear or active complicity of the Democratic Party that controlled it. The one silver lining is that the last 12 months have been brightly clarifying: It is clearer than ever what the Obama administration can and must do in order to arrest and reverse the decade-long war on the Constitution waged by our own government.

The most intensely fought civil liberties battle of 2008 -- the one waged over FISA and telecom immunity -- ended the way most similar battles of the last eight years have: with total defeat for civil libertarians. Even before Democrats were handed control of Congress at the beginning of 2007, the Bush administration had been demanding legislation to legalize its illegal warrantless NSA eavesdropping program and to retroactively immunize the telecom industry for its participation in those programs. Yet even with Bill Frist and Denny Hastert in control of the Congress, the administration couldn't get its way.

Not even the most cynical political observer would have believed that it was the ascension of Harry Reid and Nancy Pelosi that would be the necessary catalyst for satisfying Bush's most audacious demands, concerning his most brazenly illegal actions. If anything, hopes were high that Democratic control of Congress would entail a legislative halt to warrantless eavesdropping or, at the very least, some meaningful investigation and disclosure -- what we once charmingly called "oversight" -- regarding what Bush's domestic spying had really entailed. After all, the NSA program was the purified embodiment of the most radical attributes of a radical regime -- pure lawlessness, absolute secrecy, a Stasi-like fixation on domestic surveillance. It was widely assumed, even among embittered cynics, that the new Democratic leadership in Congress would not use their newfound control to protect and endorse these abuses.

Yet in July 2008, there stood Pelosi and Reid, leading their caucuses as they stamped their imprimatur of approval on Bush's spying programs. The so-called FISA Amendments Act of 2008 passed with virtually unanimous GOP and substantial Democratic support, including the entire top level of the House Democratic leadership. It legalized vast new categories of warrantless eavesdropping and endowed telecoms with full immunity for prior surveillance lawbreaking. Most important, it ensured a permanent and harmless end to what appeared to be the devastating scandal that exploded in 2005 when the New York Times revealed to the country that the Bush administration was spying on Americans illegally, without warrants of any kind.

With passage of the Act, Democrats delivered to the Bush administration everything it wanted -- and more. GOP Sen. Kit Bond actually taunted the Democrats in the Times for giving away the store: "I think the White House got a better deal than they even had hoped to get." Making matters much worse, by delivering this massive gift to the White House, the House undid one of its very few good deeds since taking over in 2006: its galvanizing February 2008 refusal to succumb to Bush's rank fear-mongering by allowing "The Protect America Act" to expire instead of following the Senate's lead in making it permanent.

Adding the final insult to this constitutional injury, Barack Obama infamously violated his emphatic pledge, made during the Democratic primary, to filibuster any bill containing telecom immunity. With the Democratic nomination fully secured, Obama blithely tossed that commitment aside, instead joining his party's leadership in voting for cloture on the bill -- the opposite of a filibuster -- and then in favor of the bill itself. The photographs of the celebratory, bipartisan signing ceremony that followed at the White House -- where an understandably jubilant George Bush and Dick Cheney were joined by a grinning Jay Rockefeller, Jane Harman and Steny Hoyer -- was the vivid, wretched symbol of what, in 2008, became the fully bipartisan assault on America's basic constitutional guarantees and form of government.

The FISA fight was the destructive template that drove virtually every other civil liberties battle of the last year. Time and again, Democrats failed to deliver on a single promise. They failed to overcome a GOP filibuster in the Senate to restore habeas corpus, which had been partially abolished in 2006 as a result of the Military Commissions Act that passed with substantial Democratic support and wholesale Democratic passivity. Notably, while Senate Democrats, when in the minority, never even considered a filibuster to block the Military Commissions Act, it was simply assumed that the GOP, when it was in the minority, would filibuster in order to prevent passage of the Habeas Restoration Act. And filibuster they did.

A similar scenario played out with the attempt in February to redress America's torture crisis by enacting an amendment to the Defense Authorization Act compelling all government agencies, including the CIA, to comply with the Army Field Manual when interrogating detainees. The most immediate effect of such a law would have been to impose an absolute ban on the use of waterboarding, along with any other coercive tactics -- torture techniques -- which the Manual does not explicitly authorize.

Knowing that the president would veto the bill, the GOP allowed a floor vote on the Army Field Manual amendment. Signaling what would be his year-long, soul-selling captivity to the far right of his party, John McCain -- despite years of parading around as a righteous opponent of torture -- voted against the torture ban. The bill passed both houses largely along party lines, President Bush vetoed it as promised, and the House then failed to override the veto. The path taken was slightly different, but the outcome was the same: total failure in reining in Bush's abuses. Indeed, by the end of 2008, civil libertarians could point to many defeats suffered in the Democratic-controlled Congress, but not a single victory.

The fate of civil liberties in the judiciary was much more mixed, punctuated with several significant victories. Undoubtedly the most important win was the Supreme Court's June decision in the Boumediene case, which struck down as unconstitutional one of the worst constitutional assaults of the Bush era: Section 7 of the Military Commissions Act, which had purported to abolish habeas corpus for Guantánamo detainees and prohibited them from challenging their detention in a federal court.

The Court ruled, by a precarious 5-4 margin, that Guantánamo detainees could not constitutionally be denied the right to have their detentions reviewed by an American federal court. That seminal ruling paid quick dividends for some of the detainees. Last month, a Bush 43 federal judge -- the same jurist who had originally upheld the Act's abolition of habeas review for Guantánamo detainees and was ultimately reversed by the Boumediene court -- conducted a habeas hearing for six Algerian-Bosnian detainees imprisoned without charges at Guantánamo for the last six years.

The judge concluded that the Bush administration had no credible evidence to justify the detention of five out of the six detainees and thus ordered them released immediately. Four of the five are now back in Bosnia, while the fifth awaits release. Without the Boumediene ruling, the truly heinous provisions of the Military Commissions Act would still be operative and would continue to empower the government to hold those detainees -- along with dozens if not hundreds of others -- indefinitely and without charges. Boumediene is one of the few civil liberties bright spots of this decade.

The Bush administration, also earlier this year, suffered another judicial defeat at the hands of a very conservative, Bush 43-appointed federal judge, when that judge emphatically rejected the administration's claim that Bush aides Harriet Miers (former White House counsel) and Josh Bolten (former White House chief of staff) are entitled to absolute immunity from Congressional subpoenas. That dispute, which arose from the House Judiciary Committee's efforts to investigate the notorious firing of nine U.S. attorneys, dispensed with one of the administration's most radical tools -- a claim of absolute, unconstitutional executive privilege -- for shielding itself from accountability.

One of the most potentially damaging judicial developments of the year was a horrendous ruling issued in July by the conservative Fourth Circuit Court of Appeals in the case of Ali Saleh Kahlah al-Marri. The al-Marri court actually upheld the president's claimed authority to detain legal residents and even U.S. citizens in a military prison as "enemy combatants," rather than charge them in a civilian court with a crime. But the damage done by that ruling was mitigated substantially when the U.S. Supreme Court announced just two weeks ago that it has agreed to review the al-Marri ruling, and civil libertarians are cautiously optimistic that the Court will likely reverse it.

For the last seven years, Democrats have repeatedly cited GOP political dominance to excuse their wholesale failures to limit, let alone reverse, the devastating war waged by the Bush administration on America's core liberties and form of government. With a new Democratic president and large majorities in both Congressional houses, those excuses will no longer be so expedient. As dark and depressing as these last seven years have been for civil libertarians, culminating in an almost entirely grim 2008, there is no question that the Obama administration and the Democrats generally now possess the power to reverse these abuses and restore our national political values. But as the events of the last 12 months conclusively demonstrate, there are substantial questions as to whether they have the will to do so.


Wednesday, January 07, 2009

 

NYT: Car Bomb Near Baghdad Shrine Kills 24, as Iraqi Shiites’ Holiest Month Approaches

Cwvme081221


Hadi Mizban/Associated Press

Iman Kadim, one of those wounded Saturday in a Baghdad car bombing that the authorities said killed at least 24, was hospitalized. Many victims were pilgrims visiting a nearby Shiite shrine.


December 28, 2008

Car Bomb Near Baghdad Shrine Kills 24, as Iraqi Shiites' Holiest Month Approaches

BAGHDAD — A car bomb killed at least 24 people, many of them Shiite pilgrims, and wounded 46 others when it exploded Saturday on a busy road in Baghdad that leads to the revered shrine of Kadhimiya, according to the Ministry of Interior.

That bombing, along with several others in recent weeks, was a stark reminder that even as violence has sharply fallen, insurgents still have the power to carry out deadly strikes in the heart of the capital. The attack's timing and location appeared to be intended to reignite sectarian passions.

Millions of Shiites are preparing to commemorate the martyrdom of Imam Hussein, grandson of the Prophet Muhammad. The observance falls during Muharram, the holiest month of the Shiite religious calendar, which begins Monday. Shiite families from across Iraq traditionally visit the shrine, with its shimmering twin golden domes, on Saturdays.

The explosion occurred at midday about 100 yards from Bab al-Dirwaza, one of the main gates to the shrine and the Kadhimiya district's bustling market, which has been a pedestrian-only area for several years because of a spate of deadly attacks in the area. According to several witnesses, the car that exploded was parked outside the fence of one of the nearby parking lots.

Jalal Hussein, 56, had just parked his car, after dropping off his wife and daughter at the gate, when the bomb exploded a few yards away, creating a huge ball of fire that consumed several vehicles and many pedestrians. He said the bodies and limbs of victims, including many children and women, were scattered everywhere.

"It was an unexpected massacre of simple people going to visit the shrine," said Mr. Hussein, who was wounded in the shoulder.

On the street in front of the lot, which was cordoned off by American and Iraqi forces, the chassis of a car lay amid the wreckage of a minibus and five other vehicles in one lane. A woman's shoe and shreds of the black head-to-toe cloak commonly worn by Iraqi women mixed with blood, broken glass and metal. A smashed bus was in the other lane.

"My son," screamed a distraught mother who had rushed there with her husband.

Rescuers tried to force open the doors of vehicles to remove the dead and wounded, witnesses said. Many badly burned bodies were simply piled up on wooden market pushcarts.

Muhammad Hamdan, 58, who narrowly escaped the blast, had come to the shrine with his wife and six children to pray to be cured of a heart ailment. "Those who perished are martyrs, God willing," he said.

Residents and visitors expressed shock and anger that the bombing occurred in what is considered one of the city's most secure enclaves. The neighborhood is ringed with Iraqi Army and police checkpoints, where each entering vehicle is scanned with a hand-held bomb detection device.

The area receives special attention because it is home to the shrine and the base of Ayatollah Hussein Ismail al-Sadr, a Shiite cleric close to Prime Minister Nuri Kamal al-Maliki.

The tight security led several residents to lash out at what they assumed to be incompetence or corruption that had allowed the bombing to happen. "This area is highly protected," Mr. Hussein said. "Not even a rat could come in. The terror is from within."

A Kadhimiya resident, Fawzia Qazzaz, standing on her porch overlooking the scene, screamed at security personnel as tears rolled down her cheeks. "Either their bomb detection equipment is faulty or they are implicated in the terror," she said.

In another bombing on Saturday, in Jurf al-Sakher, south of Baghdad in Babil Province, an Iraqi Army officer and two members of a local Awakening Council were killed when a bomb attached to their vehicle exploded, according to a police official in Hilla, the provincial capital.

While the sectarian bloodshed that had ripped Iraq apart as recently as last year has eased, devastating attacks continue to crop up. The last major attack in the capital, a suicide bombing at a police training academy on Dec. 1 , killed at least 15 people.

A new report released Saturday by the nongovernmental group Iraq Body Count placed at 8,955 the number of civilians killed by acts of violence in Iraq so far in 2008. The figures, while far below those of 2006 and 2007, when a total of 51,894 civilians were killed, were only slightly below those for 2003 and 2004, according to the report.

Meanwhile, the police in Ramadi, west of Baghdad, killed an escaped prisoner who was believed to be an insurgent leader. The prisoner, Emad Ahmed Ferhan, was among three who escaped Friday from a police station after a shootout that killed six policemen and seven prisoners.

The police received a tip on Saturday that he was hiding at a house in central Ramadi and sent a force to arrest him, said the police chief, Maj. Gen. Tareq al-Youssef. He said the force had surrounded the house and a gun battle had ensued with Mr. Ferhan, who was described as a leader of Al Qaeda in Mesopotamia, a homegrown Sunni extremist group that American intelligence agencies say is led by foreigners.

He was killed as he fled. A machine gun, passport and fake beard were in his possession, General Youssef said.

Abeer Mohammed contributed reporting from Baghdad, and Iraqi employees of The New York Times from Ramadi and Hilla.

Sunday, January 04, 2009

 

NYT: Blast Kills 16 Afghans, Including 13 Schoolchildren, Near Pakistan

Cwvla081221



Nashanuddin Khan/Associated Press

Men inspected the wreckage of a suicide car bomb on Sunday in Khost Province, Afghanistan. The Taliban claimed responsibility for the bomb, which was detonated next to a school.


December 29, 2008

Blast Kills 16 Afghans Near Pakistan Border

KABUL, Afghanistan — A suicide bomber detonated a bomb in a black sport utility vehicle outside a local government compound in Khost Province on Sunday, killing at least 16 people, including 13 schoolchildren, and wounding 53, local government officials and coalition forces said. The bombing, near the border with Pakistan, occurred next to a school, and many children were among the wounded.

The Taliban claimed responsibility for the attack.

Haji Dawlatkhan Quyomi, the chief of Ismail Khil, the district in which the bombing occurred, said the death toll could rise.

Coalition forces provided a video showing about 15 children walking on the street as they were engulfed by a ball of fire. Mark Larter, a spokesman for the coalition forces, said the death toll also was based on reports of troops at the scene. Two police officers were among the dead.

The number of suicide bombings in Afghanistan has fallen sharply since 2006, mainly because of better intelligence and a proliferation of security checkpoints. But in Khost Province, which borders the tribal area of Pakistan's North Waziristan, a wave of violence continues to overwhelm security officials.

Despite the drop in the number of bombings, suicide attacks around the country have become more technically sophisticated and grown in scale, including Sunday's attack, in which a huge fireball towered over the compound's security blockade.

In November 2007 in Baghlan Province, north of Kabul, a mammoth suicide bomb laced with ball bearings killed more than 70 people, including six members of Parliament, and wounded more than 100, mostly children.

Sunday's blast occurred west of the city of Khost as local leaders and tribal elders gathered inside the government building to discuss security and elections, said Tahir Kahn Sabari, the deputy governor of Khost Province. At the nearby school, the bomb rattled students, ages 6 to 12, who were receiving certificates on the last day of the school year.

President Hamid Karzai condemned the attack, saying those responsible "are not aware of the Islamic teachings which outlaw the killing of innocent people."

A day earlier the police acted on intelligence to locate a suicide car bomber as he tried to enter the city of Kandahar, said Matiullah Qait, provincial chief of Kandahar. Police vehicles chased the driver, and when he reached a security checkpoint west of the city, he detonated his explosives, killing three policemen and one civilian.

Also on Saturday, a roadside bomb killed two Canadian soldiers and two Afghans working alongside them in a dangerous region of southern Afghanistan, Canada's military said on Sunday, The Associated Press reported. Four other Canadian soldiers and one Afghan interpreter were wounded in the blast.

On Saturday night, a rare missile attack fell on Kabul, killing three teenage sisters, their family and the police said. The rocket likely was fired from west of the capital, near Wardak Province, where militants have developed a stronghold since last year. No one claimed responsibly for the attack.

Sangar Rahimi contributed reporting.

Saturday, January 03, 2009

 

NYT: Suicide Attack Kills 24 at Iraqi Tribal Gathering

Jp081230



The New York Times

Insurgents still have influence in some districts in Yusufiya.



January 3, 2009

Suicide Attack Kills 24 at Iraqi Tribal Gathering

BAGHDAD — At least 24 tribal leaders who were meeting at the house of an influential Sunni sheik to discuss national reconciliation efforts were killed and as many as 42 others were wounded Friday after a member of the tribe detonated an explosive vest among the guests, government officials said.

Reports of fatalities among the approximately 1,000 members of the Qaraghul tribe gathered for the meeting have ranged as high as 30 killed and 110 wounded, but those numbers could not be confirmed by Friday evening.

The bombing occurred in the town of Yusufiya, about 25 miles southwest of Baghdad in an area once referred to as the Triangle of Death because it had been one of the centers of the insurgency against American forces in Iraq. It is a region where Al Qaeda in Mesopotamia, a homegrown Sunni extremist group that American intelligence agencies say is led by foreigners, has been active.

During the past year and a half, however, violence in Yusufiya had been tempered after local tribal leaders turned against the insurgents and began to support the American military and the Iraqi government.

Yet, some of the town's neighborhoods have never won complete freedom from Qaeda operatives, who have sought to lure tribal members back to the insurgency with gifts of money and cars, a local sheik said.

Friday's bombing occurred during a lunch meeting at the Yusufiya home of the tribal leader, Mohammed Abdullah Salih al-Qaraghuli, for nearly 1,000 members of the Qaraghul tribe, who had traveled from around Iraq to be there, guests said. The tribe includes Sunnis, Shiites and Kurds.

Some of those in attendance were former Sunni insurgents who had become leaders of Awakening Councils, groups allied with the government against Al Qaeda.

After Friday Prayer, the tribe ate a communal lunch in a large yard adjacent to the sheik's house to discuss which 20 members would represent them at a meeting with the Iraqi prime minister, Nuri Kamal al-Maliki.

Relations have been tense between many of the predominately Sunni Awakening Councils and the Shiite government of Mr. Maliki, most notably with regard to the number of Awakening Council members who will be hired for the national police and army, and whether former insurgents will be prosecuted for previous crimes.

Around 1:30 p.m., after lunch, some of the tribal leaders lingered, drinking tea, while others began to leave, said several guests, who would speak only on condition of anonymity because of fear of retaliation.

It was about then that one of the tribe's members, Amin Ahmed Edan Hasoon, who is well known in the neighborhood, entered the yard without being searched by guards, guests said. Moments later, he detonated an explosive vest he was wearing.

"I heard a horrible and shocking explosion, and there were people who had been standing in the yard and suddenly, no one was standing — they were on the ground," said Abu Khalid, 33, a teacher and tribal leader who had gone to wash his hands when the bomb went off.

At Yarmouk Hospital in Baghdad, where many of the wounded were taken, the sound of sobbing men and women filled the corridors.

Khalid Abdullah Salih al-Qaraghuli, a brother of the sheik who hosted the gathering, was lying in a hospital bed awaiting care. Shrapnel had pierced his left side, his left arm and his left leg. "I was standing, saying goodbye when the blast happened," he said. "I was blown 15 meters away."

The sheik suffered only minor injuries, his brother said.

Another guest, Mohammed Dawood Hussein, said he remembered almost nothing. "I heard an explosion and I immediately lost consciousness and found myself in the hospital," he said.

Also Friday, armed men fatally shot three members of an Awakening Council at a security checkpoint in Jurf al-Sakher, a town near Hilla, about 60 miles south of Baghdad. Six other Awakening members were wounded.

Reporting was contributed by Suadad al-Salhy, Campbell Robertson, Mohammed Hussein and Sam Dagher in Baghdad, and by Iraqi employees of The New York Times in Baghdad and Hilla.

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