Wednesday, July 30, 2008

"Judge denies motion by Catholic Worker Movement" Worcester Telegram & Gazette News Paper/Students brand Condi a war criminal

Worcester Telegram & Gazette News Paper

Tuesday, July 29, 2008

Judge denies motion by Catholic Worker Movement

Group faces charges for prayer protest at courthouse

http://www.telegram.com/article/20080729/NEWS/807290580/1005/NEWS06

By Lee Hammel TELEGRAM & GAZETTE STAFF

lhammel@telegram.com

WORCESTER— A federal magistrate judge has denied a motion for a

"necessity defense" for five people in the Catholic Worker Movement

charged with obstructing the U.S. District courthouse when they prayed

there for an end to the war in Iraq .

The group had argued that it was necessary to violate the law to

prevent a greater evil.

Magistrate Judge Timothy S. Hillman ruled that the defendants had

other legal alternatives to the prayer meeting they held at 8:25 a.m.

March 19 in the Donohue Federal Building . He also ruled that they

could not use a necessity defense because they did not show, as they

contended, that the prayer meeting could have the tangible, immediate

effect of saving the lives of Iraqi civilians or U.S. soldiers in

Iraq.

They also did not show that their action would have an impact on U.S.

policy in Iraq , the judge ruled. Charged with the petty offenses —

which are less serious than felonies or even misdemeanors — of failure

to comply with the lawful direction of U.S. marshals, obstructing use

of the entrances of the courthouse, and impeding government employees

are: Scott C. Schaeffer-Duffy, Michael D. Benedetti, Kenneth J.

Hannaford-Ricardi, Sandra M. McSweeney and Roger P. Stanley.

Even if officials of the marshals service and the U.S. Attorney's

Office misinformed them prior to their arrest or failed to inform them

of whether they needed a permit and where to get it, Judge Hillman

ruled that the defendants were responsible for complying with the law

and getting the required permit from the General Services

Administration, which is the building superintendent.

Judge Hillman quoted a 10th Circuit Court of Appeals opinion stating:

"Civil disobedience can be an act of great religious and moral courage

and society may ultimately benefit. But if the law being violated is

constitutional, the worthiness of one's motives cannot excuse the

violation in the eyes of the law."

Assistant U.S. Attorney Karin M. Bell said the defendants' citing of a

1991 New York City Criminal Court opinion that a necessity defense is

permitted where legal alternatives exist but have proved ineffective

is irrelevant because it is directly contradicted by a 2001 1st

Circuit Court of Appeals ruling that the defense is not permitted

where legal alternatives exist but have proved ineffective.

A bench trial before Judge Hillman is scheduled for Sept. 23.

--~--~---------~--~----~------------~-------~--~----~

New Zealand Students Offer New Bounty For Arrest of Condoleezza Rice For War Crimes

by Ray Lilley

WELLINGTON, New Zealand - A group of New Zealand students offered a higher reward Saturday for the citizen’s arrest of U.S. Secretary of State Condoleezza Rice for war crimes after another group withdrew their own bounty, accusing police of threatening them.0726 07 1

Students at Victoria University in the capital, Wellington , doubled the original reward offer to US$7,400, according to Joel Cosgrove, the student president.

Cosgrove said Rice should be arrested because she is responsible for the deaths of at least 600,000 Iraqis killed since the 2003 invasion by U.S.-led coalition troops.

“Condoleezza Rice needs to be tried before the international war crimes tribunal,” Cosgrove told New Zealand ’s National Radio.

The new bounty came a day after the Auckland University Students’ Association made a formal complaint to local police seeking Rice’s arrest for “overseeing the illegal invasion and continued occupation” of Iraq in violation of the Geneva Conventions.

The Auckland students offered a reward of 5,000 New Zealand dollars (US$3,700), but late Friday withdrew the bounty. Student President David Do said authorities had threatened criminal charges for anyone trying to make a citizen’s arrest.

“It is unfortunate the police have threatened students for essentially a form of peaceful protest and civil disobedience,” Do said.

Superintendent Brett England, the district police commander in Auckland , New Zealand ’s biggest city, warned anyone attempting to penetrate the security around Rice would be punished.

“The consequences of such a security threat could be very serious indeed,” England said.

Rice, asked about the demonstration at a news conference Friday, said “student protests are particularly a long-honored tradition in democratic society.”

“I can only say that the United States has done everything that it can to end this war on terror, to live up to our international and national laws and obligations,” Rice said.

About 70 people protested Saturday outside Government House, where Rice was meeting with Prime Minister Helen Clark.

© 2008 Associated Press

Tuesday, July 29, 2008

Pictures From Summer Camp

Pictures From Summer Camp

by Kathy Kelly

July 27, 2008

At 6:45 a.m. this morning, our friend, Joel Gulledge, called from At-Tuwani, a village in the West Bank where he and another Christian Peacemaker Team (CPT) member were escorting Palestinian children to a local summer daycamp, protecting them from hostile Israeli settlers. A masked settler, carrying a slingshot, was threatening the children. While Jan Benvie, the other CPT team member, raced the children to safety, Joel paused to film what was happening. The masked settler caught up with Joel and attacked him. “He smashed my head again and again,” said Joel, “with my video camera, and punched me in the face, repeatedly, with his other hand.” Joel managed to remain standing. He didn’t fight back, but he screamed for help. The attacker broke Joel’s glasses, and Joel was bleeding from a gash over his eyes. When he called, he was waiting for an ambulance to arrive.

Earlier this week, CPT’s website, (www.cpt.org), reported that on Wednesday 23 July, “three Israeli settlers, one masked and wielding a stick, pursued fourteen Palestinian children who were on their way to a summer camp in At-Tuwani. The children from the villages of Tuba and Maghaer Al-Abeed waited thirty minutes for the Israeli military escort that should have accompanied them on the most direct road between the villages of Tuba and At-Tuwani. When the military failed to arrive, the children began walking along a long path through the hills to At-Tuwani. When the children neared the Israeli settlement outpost of Havat Ma’on, three settlers with two dogs came out from the outpost and began walking in the direction of the children.”

“Members of the At-Tuwani team yelled at the children to alert them that settlers were coming at them from behind. The children ran down and across a valley to a location further from the settlers. They continued to At-Tuwani. The settlers remained on a hill top near Havot Ma’on, watching the children as they walked toward the school.”

“The previous day, Tuesday 22 July, the military escort never arrived to escort the children to summer camp. Seven children took a long path to the school. They told the At-Tuwani team that at least eight other children did not attend summer camp because they were too afraid to come to school without an escort. The mayor of At-Tuwani spoke with Israeli military to coordinate the escort for the children. However, several military spokespersons and soldiers on the ground denied receiving orders to escort the children.”

“In 2004, the Israeli Knesset recommended that the Israeli military carry out a daily escort of the children of Tuba and Maghaer Al-Abeed to their school in At-Tuwani because settlers repeatedly attacked them.”

Yesterday’s New York Times carried a front page article, “Dear Parents: Please Relax, It’s Just Camp,” about parents in the U.S. who experience separation anxiety when their children go to sleep-away camps. Summer camps frequently post videos and still photos of the children on their websites, allowing parents to keep in touch with the children’s activities. But now it’s customary for many camps to hire a full-time “parent liason,” because the parents become very involved in their children’s lives at the camp, so much so that some camps are bombarded with phone calls, daily, from anxious parents. Could these parents understand the terror of Palestinian parents whose children are at risk of being beaten and killed as they walk between their village and the local summer camp, each day.

“Nobody goes to school for how to send your child away from you,” said Maria Coleman, a past president of the American Camp Association . “We help the parents become independent. And especially post-9/11 in today’s society, that’s definitely a heightened need.” Clearly greater than American parents’ fear of terrorist attacks, we hear of Israeli parents and their fear that their children will fall prey to terrorism, but human rights groups like Israeli B’Tselem (www.btselem.org) tell us that Palestinian children are far more likely — by a factor of over eight to one in recent years — to die by violence in the conflict, often by weapons provided to Israel, without significant human rights oversight, by the United States. All lives are precious, especially children’s lives, from whatever community they make their way out into the world. How must the parents of Palestine , the parents of Iraq , the parents of Iran , feel knowing that not only they but their children are at the wrong end of American weapons?

I feel such a concern for my friend and co-worker Joel as he and his fellow CPT team members try to protect endangered Palestinians and their children in the West Bank . The example they set, in their dedication to nonviolence and their refusal to carry weapons, can help all of us gain independence from the cycle of threat and violence which the U.S. has driven in its support for and arming of the Israeli occupation of Palestine.

Kathy Kelly (kathy@vcnv.org) is a co-coordinator of Voices for Creative Nonviolence, www.vcnv.org

Donations can be sent to the Baltimore Nonviolence Center , 325 E. 25th St. , Baltimore , MD 21218 . Ph: 410-366-1637; Email: mobuszewski [at] verizon.net

"The master class has always declared the wars; the subject class has always fought the battles. The master class has had all to gain and nothing to lose, while the subject class has had nothing to gain and everything to lose--especially their lives." Eugene Victor Debs

A Torture Paper Trail

There are 178 days until Jan. 20, 2009.

http://www.truthout.org

t r u t h o u t | 07.29

http://www.truthout.org/article/a-torture-paper-trail

A Torture Paper Trail

Tuesday 29 July 2008

by: Eugene Robinson, The Washington Post

I still find it hard to believe that George W. Bush, to his eternal shame and our nation's great discredit, made torture a matter of hair-splitting, legalistic debate at the highest levels of the U.S. government. But that's precisely what he did.

Three previously classified administration memos obtained last week by the American Civil Liberties Union add to our understanding of this disgraceful episode. The documents are attempts to justify the unjustifiable - the use of brutal interrogation methods that international agreements define as torture - and to keep those who ordered and carried out this dirty business from being prosecuted and jailed.

The memos don't call it torture, of course. Heavily redacted before being surrendered to the ACLU under a Freedom of Information Act lawsuit, the documents refer euphemistically to "enhanced techniques" of interrogation. Changing the name doesn't change the act, however. One memo, written in 2004, specifically makes clear the administration's view that "the waterboard" is an acceptable way to extract information.

Waterboarding, a technique of simulated drowning, is considered torture virtually everywhere on Earth except in the Bush administration's archive of self-exculpatory memos, directives and opinions.

The most stunning of the memos - written in August 2002 by Jay Bybee, who was head of the Justice Department's Office of Legal Counsel - makes the incredible claim that unless a torturer has the "specific intent" to inflict severe pain or suffering, no violation of U.S. laws against torture has occurred. Bybee, since appointed to the federal bench, wrote that the torturer needed only the "honest belief" that he was not actually committing torture to avoid legal jeopardy. Oh, and Bybee added that it wasn't even necessary for that belief to be "reasonable."

The memo notes that U.S. torture statutes outlaw the infliction of severe mental pain as well as physical pain. It acknowledges that "the threat of imminent death" is one of the specific acts that can constitute torture. Somehow, though, the administration pretends not to understand that strapping a prisoner down and pouring water into his nose until he can't breathe constitutes a death threat - regardless of whether the interrogator intended to stop before the prisoner actually drowned.

Perhaps that question was dealt with in the nine-tenths of the memo that was redacted before the administration handed it over to the ACLU. The memo never would have been released at all if the government hadn't been ordered to do so by a federal judge.

The whole thing would be laughable if it were not such a rank abomination. No government obeying the law needs a paper trail to absolve its interrogators of committing torture. Conversely, a government that produces such a paper trail has something monstrous to hide.

It is not difficult to avoid violating federal laws and international agreements that prohibit torture. Just don't torture people, period. The idea that there exists some acceptable middle ground - a kind of "torture lite" - is a hideous affront to this nation's honor and values. This, perhaps above all, is how George Bush should be remembered: as the president who embraced torture.

I wouldn't be surprised if, as he left office, Bush issued some sort of pardon clearing those who authorized or carried out "enhanced techniques" of interrogations from any jeopardy under U.S. law. International law is something else entirely, however, and I imagine that some of those involved in this sordid interlude might want to be careful in choosing their vacation spots. I'd avoid The Hague , for example.

Barack Obama has stood consistently against torture. John McCain, who was tortured himself as a prisoner of war in North Vietnam, has denounced torture as well - and, although he voted against restraining the CIA with the same no-exceptions policy that now applies to military interrogators, he has been forthright in saying that waterboarding is torture, and thus illegal. On Inauguration Day, whoever wins the presidency, this awful interlude will end.

A clear and urgent duty of the next president will be to investigate the Bush administration's torture policy and give Americans a full accounting of what was done in our name. It's astounding that we need some kind of truth commission in the United States of America , but we do. Only when we learn the full story of what happened will we be able to confidently promise, to ourselves and to a world that looks to this country for moral leadership: Never again.

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Responsible Development forum/The Vast and Dangerous Transfer of American Spying to Mercenary Companies

UNITE HERE! Presents the Baltimoreans’ Forum on Responsible Development with special guest Greg LeRoy, executive director of Good Jobs First on Tues., July 29 at 6:30 PM at 7-9 W. Mulberry St. , Baltimore 21201 . Email jturner@unitehere.org or call 202-661-3672.

The Vast and Dangerous Transfer of American Spying to Mercenary Companies

By Chalmers Johnson, Tomdispatch.com
Posted on July 28, 2008, Printed on July 29, 2008
http://www.alternet.org/story/92933/

Editor's note--

Chalmers Johnson has produced a superb new article on what privatization has meant to the U.S. Intelligence Community.

Focusing on Tim Shorrock's new book, Spies for Hire, Johnson traces the history of "the wholesale transfer of military and intelligence functions to private, often anonymous operatives" from Ronald Reagan's day to the present, reminding us of just how crucial the Clinton administration was to this development. He also lays out just what can happen when the intelligence budget soars and startling amounts of it are placed in private, for-profit hands. Not only, he claims, has the privatization of intelligence made it easier for enemies to penetrate American intelligence and greased the slippery slope to the loss of professionalism within the community of intelligence analysts, but, perhaps most serious of all, it has ensured the loss of the most valuable asset any intelligence organization possesses -- its institutional memory.

Johnson concludes: "The current situation represents the worst of all possible worlds. Successive administrations and Congresses have made no effort to alter the CIA's role as the president's private army, even as we have increased its incompetence by turning over many of its functions to the private sector. We have thereby heightened the risks of war by accident, or by presidential whim, as well as of surprise attack because our government is no longer capable of accurately assessing what is going on in the world and because its intelligence agencies are so open to pressure, penetration, and manipulation of every kind."

****

Most Americans have a rough idea what the term "military-industrial complex" means when they come across it in a newspaper or hear a politician mention it. President Dwight D. Eisenhower introduced the idea to the public in his farewell address of January 17, 1961. "Our military organization today bears little relation to that known by any of my predecessors in peacetime," he said, "or indeed by the fighting men of World War II and Korea We have been compelled to create a permanent armaments industry of vast proportions We must not fail to comprehend its grave implications We must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex."

Although Eisenhower's reference to the military-industrial complex is, by now, well-known, his warning against its "unwarranted influence" has, I believe, largely been ignored. Since 1961, there has been too little serious study of, or discussion of, the origins of the military-industrial complex, how it has changed over time, how governmental secrecy has hidden it from oversight by members of Congress or attentive citizens, and how it degrades our Constitutional structure of checks and balances.

From its origins in the early 1940s, when President Franklin Delano Roosevelt was building up his "arsenal of democracy," down to the present moment, public opinion has usually assumed that it involved more or less equitable relations -- often termed a "partnership" -- between the high command and civilian overlords of the United States military and privately-owned, for-profit manufacturing and service enterprises. Unfortunately, the truth of the matter is that, from the time they first emerged, these relations were never equitable.

In the formative years of the military-industrial complex, the public still deeply distrusted privately owned industrial firms because of the way they had contributed to the Great Depression. Thus, the leading role in the newly emerging relationship was played by the official governmental sector. A deeply popular, charismatic president, FDR sponsored these public-private relationships. They gained further legitimacy because their purpose was to rearm the country, as well as allied nations around the world, against the gathering forces of fascism. The private sector was eager to go along with this largely as a way to regain public trust and disguise its wartime profit-making.

In the late 1930s and early 1940s, Roosevelt 's use of public-private "partnerships" to build up the munitions industry, and thereby finally overcome the Great Depression, did not go entirely unchallenged. Although he was himself an implacable enemy of fascism, a few people thought that the president nonetheless was coming close to copying some of its key institutions. The leading Italian philosopher of fascism, the neo-Hegelian Giovanni Gentile, once argued that it should more appropriately be called "corporatism" because it was a merger of state and corporate power. (See Eugene Jarecki's The American Way of War, p. 69.)

Some critics were alarmed early on by the growing symbiotic relationship between government and corporate officials because each simultaneously sheltered and empowered the other, while greatly confusing the separation of powers. Since the activities of a corporation are less amenable to public or congressional scrutiny than those of a public institution, public-private collaborative relationships afford the private sector an added measure of security from such scrutiny. These concerns were ultimately swamped by enthusiasm for the war effort and the postwar era of prosperity that the war produced.

Beneath the surface, however, was a less well recognized movement by big business to replace democratic institutions with those representing the interests of capital. This movement is today ascendant. (See Thomas Frank's new book, The Wrecking Crew: How Conservatives Rule, for a superb analysis of Ronald Reagan's slogan "government is not a solution to our problem, government is the problem.") Its objectives have long been to discredit what it called "big government," while capturing for private interests the tremendous sums invested by the public sector in national defense. It may be understood as a slow-burning reaction to what American conservatives believed to be the socialism of the New Deal.

Perhaps the country's leading theorist of democracy, Sheldon S. Wolin, has written a new book, Democracy Incorporated, on what he calls "inverted totalitarianism" -- the rise in the U.S. of totalitarian institutions of conformity and regimentation shorn of the police repression of the earlier German, Italian, and Soviet forms. He warns of "the expansion of private (i.e., mainly corporate) power and the selective abdication of governmental responsibility for the well-being of the citizenry." He also decries the degree to which the so-called privatization of governmental activities has insidiously undercut our democracy, leaving us with the widespread belief that government is no longer needed and that, in any case, it is not capable of performing the functions we have entrusted to it.

Wolin writes:

"The privatization of public services and functions manifests the steady evolution of corporate power into a political form, into an integral, even dominant partner with the state. It marks the transformation of American politics and its political culture, from a system in which democratic practices and values were, if not defining, at least major contributory elements, to one where the remaining democratic elements of the state and its populist programs are being systematically dismantled." (p. 284)

Mercenaries at Work

The military-industrial complex has changed radically since World War II or even the height of the Cold War. The private sector is now fully ascendant. The uniformed air, land, and naval forces of the country as well as its intelligence agencies, including the CIA (Central Intelligence Agency), the NSA (National Security Agency), the DIA (Defense Intelligence Agency), and even clandestine networks entrusted with the dangerous work of penetrating and spying on terrorist organizations are all dependent on hordes of "private contractors." In the context of governmental national security functions, a better term for these might be "mercenaries" working in private for profit-making companies.

Tim Shorrock, an investigative journalist and the leading authority on this subject, sums up this situation devastatingly in his new book, Spies for Hire: The Secret World of Intelligence Outsourcing. The following quotes are a prcis of some of his key findings:

"In 2006 the cost of America's spying and surveillance activities outsourced to contractors reached $42 billion, or about 70 percent of the estimated $60 billion the government spends each year on foreign and domestic intelligence [The] number of contract employees now exceeds [the CIA's] full-time workforce of 17,500 Contractors make up more than half the workforce of the CIA's National Clandestine Service (formerly the Directorate of Operations), which conducts covert operations and recruits spies abroad

"To feed the NSA's insatiable demand for data and information technology, the industrial base of contractors seeking to do business with the agency grew from 144 companies in 2001 to more than 5,400 in 2006 At the National Reconnaissance Office (NRO), the agency in charge of launching and maintaining the nation's photoreconnaissance and eavesdropping satellites, almost the entire workforce is composed of contract employees working for [private] companies With an estimated $8 billion annual budget, the largest in the IC [intelligence community], contractors control about $7 billion worth of business at the NRO, giving the spy satellite industry the distinction of being the most privatized part of the intelligence community

"If there's one generalization to be made about the NSA's outsourced IT [information technology] programs, it is this: they haven't worked very well, and some have been spectacular failures In 2006, the NSA was unable to analyze much of the information it was collecting As a result, more than 90 percent of the information it was gathering was being discarded without being translated into a coherent and understandable format; only about 5 percent was translated from its digital form into text and then routed to the right division for analysis.

"The key phrase in the new counterterrorism lexicon is 'public-private partnerships' In reality, 'partnerships' are a convenient cover for the perpetuation of corporate interests." (pp. 6, 13-14, 16, 214-15, 365)

Several inferences can be drawn from Shorrock's shocking expos. One is that if a foreign espionage service wanted to penetrate American military and governmental secrets, its easiest path would not be to gain access to any official U.S. agencies, but simply to get its agents jobs at any of the large intelligence-oriented private companies on which the government has become remarkably dependent. These include Science Applications International Corporation (SAIC), with headquarters in San Diego, California, which typically pays its 42,000 employees higher salaries than if they worked at similar jobs in the government; Booz Allen Hamilton, one of the nation's oldest intelligence and clandestine-operations contractors, which, until January 2007, was the employer of Mike McConnell, the current director of national intelligence and the first private contractor to be named to lead the entire intelligence community; and CACI International, which, under two contracts for "information technology services," ended up supplying some two dozen interrogators to the Army at Iraq's already infamous Abu Ghraib prison in 2003. According to Major General Anthony Taguba, who investigated the Abu Ghraib torture and abuse scandal, four of CACI's interrogators were "either directly or indirectly responsible" for torturing prisoners. (Shorrock, p. 281)

Remarkably enough, SAIC has virtually replaced the National Security Agency as the primary collector of signals intelligence for the government. It is the NSA's largest contractor, and that agency is today the company's single largest customer.

There are literally thousands of other profit-making enterprises that work to supply the government with so-called intelligence needs, sometimes even bribing Congressmen to fund projects that no one in the executive branch actually wants. This was the case with Congressman Randy "Duke" Cunningham, Republican of California's 50th District, who, in 2006, was sentenced to eight-and-a-half years in federal prison for soliciting bribes from defense contractors. One of the bribers, Brent Wilkes, snagged a $9.7 million contract for his company, ADCS Inc. ("Automated Document Conversion Systems") to computerize the century-old records of the Panama Canal dig!

A Country Drowning in Euphemisms

The United States has long had a sorry record when it comes to protecting its intelligence from foreign infiltration, but the situation today seems particularly perilous. One is reminded of the case described in the 1979 book by Robert Lindsey, The Falcon and the Snowman (made into a 1985 film of the same name). It tells the true story of two young Southern Californians , one with a high security clearance working for the defense contractor TRW (dubbed "RTX" in the film), and the other a drug addict and minor smuggler. The TRW employee is motivated to act by his discovery of a misrouted CIA document describing plans to overthrow the prime minister of Australia , and the other by a need for money to pay for his addiction.

They decide to get even with the government by selling secrets to the Soviet Union and are exposed by their own bungling. Both are sentenced to prison for espionage. The message of the book (and film) lies in the ease with which they betrayed their country -- and how long it took before they were exposed and apprehended. Today, thanks to the staggering over-privatization of the collection and analysis of foreign intelligence, the opportunities for such breaches of security are widespread.

I applaud Shorrock for his extraordinary research into an almost impenetrable subject using only openly available sources. There is, however, one aspect of his analysis with which I differ. This is his contention that the wholesale takeover of official intelligence collection and analysis by private companies is a form of "outsourcing." This term is usually restricted to a business enterprise buying goods and services that it does not want to manufacture or supply in-house. When it is applied to a governmental agency that turns over many, if not all, of its key functions to a risk-averse company trying to make a return on its investment, "outsourcing" simply becomes a euphemism for mercenary activities.

As David Bromwich, a political critic and Yale professor of literature, observed in the New York Review of Books:

"The separate bookkeeping and accountability devised for Blackwater, DynCorp, Triple Canopy, and similar outfits was part of a careful displacement of oversight from Congress to the vice-president and the stewards of his policies in various departments and agencies. To have much of the work parceled out to private companies who are unaccountable to army rules or military justice, meant, among its other advantages, that the cost of the war could be concealed beyond all detection."

Euphemisms are words intended to deceive. The United States is already close to drowning in them, particularly new words and terms devised, or brought to bear, to justify the American invasion of Iraq -- coinages Bromwich highlights like "regime change," "enhanced interrogation techniques," "the global war on terrorism," "the birth pangs of a new Middle East," a "slight uptick in violence," "bringing torture within the law," "simulated drowning," and, of course, "collateral damage," meaning the slaughter of unarmed civilians by American troops and aircraft followed -- rarely -- by perfunctory apologies. It is important that the intrusion of unelected corporate officials with hidden profit motives into what are ostensibly public political activities not be confused with private businesses buying Scotch tape, paper clips, or hubcaps.

The wholesale transfer of military and intelligence functions to private, often anonymous, operatives took off under Ronald Reagan's presidency, and accelerated greatly after 9/11 under George W. Bush and Dick Cheney. Often not well understood, however, is this: The biggest private expansion into intelligence and other areas of government occurred under the presidency of Bill Clinton. He seems not to have had the same anti-governmental and neoconservative motives as the privatizers of both the Reagan and Bush II eras. His policies typically involved an indifference to -- perhaps even an ignorance of -- what was actually being done to democratic, accountable government in the name of cost-cutting and allegedly greater efficiency. It is one of the strengths of Shorrock's study that he goes into detail on Clinton 's contributions to the wholesale privatization of our government, and of the intelligence agencies in particular.

Reagan launched his campaign to shrink the size of government and offer a large share of public expenditures to the private sector with the creation in 1982 of the "Private Sector Survey on Cost Control." In charge of the survey, which became known as the "Grace Commission," he named the conservative businessman, J. Peter Grace, Jr., chairman of the W.R. Grace Corporation, one of the world's largest chemical companies -- notorious for its production of asbestos and its involvement in numerous anti-pollution suits. The Grace Company also had a long history of investment in Latin America , and Peter Grace was deeply committed to undercutting what he saw as leftist unions, particularly because they often favored state-led economic development.

The Grace Commission's actual achievements were modest. Its biggest was undoubtedly the 1987 privatization of Conrail, the freight railroad for the northeastern states. Nothing much else happened on this front during the first Bush's administration, but Bill Clinton returned to privatization with a vengeance.

According to Shorrock:

"Bill Clinton picked up the cudgel where the conservative Ronald Reagan left off and took it deep into services once considered inherently governmental, including high-risk military operations and intelligence functions once reserved only for government agencies. By the end of [Clinton's first] term, more than 100,000 Pentagon jobs had been transferred to companies in the private sector -- among them thousands of jobs in intelligence By the end of [his second] term in 2001, the administration had cut 360,000 jobs from the federal payroll and the government was spending 44 percent more on contractors than it had in 1993." (pp. 73, 86)

These activities were greatly abetted by the fact that the Republicans had gained control of the House of Representatives in 1994 for the first time in 43 years. One liberal journalist described "outsourcing as a virtual joint venture between [House Majority Leader Newt] Gingrich and Clinton ." The right-wing Heritage Foundation aptly labeled Clinton 's 1996 budget as the "boldest privatization agenda put forth by any president to date." (p. 87)

After 2001, Bush and Cheney added an ideological rationale to the process Clinton had already launched so efficiently. They were enthusiastic supporters of "a neoconservative drive to siphon U.S. spending on defense, national security, and social programs to large corporations friendly to the Bush administration." (pp. 72-3)

The Privatization -- and Loss -- of Institutional Memory

The end result is what we see today: a government hollowed out in terms of military and intelligence functions. The KBR Corporation, for example, supplies food, laundry, and other personal services to our troops in Iraq based on extremely lucrative no-bid contracts, while Blackwater Worldwide supplies security and analytical services to the CIA and the State Department in Baghdad . (Among other things, its armed mercenaries opened fire on, and killed, 17 unarmed civilians in Nisour Square , Baghdad , on September 16, 2007, without any provocation, according to U.S. military reports.) The costs -- both financial and personal -- of privatization in the armed services and the intelligence community far exceed any alleged savings, and some of the consequences for democratic governance may prove irreparable.

These consequences include: the sacrifice of professionalism within our intelligence services; the readiness of private contractors to engage in illegal activities without compunction and with impunity; the inability of Congress or citizens to carry out effective oversight of privately-managed intelligence activities because of the wall of secrecy that surrounds them; and, perhaps most serious of all, the loss of the most valuable asset any intelligence organization possesses -- its institutional memory.

Most of these consequences are obvious, even if almost never commented on by our politicians or paid much attention in the mainstream media. After all, the standards of a career CIA officer are very different from those of a corporate executive who must keep his eye on the contract he is fulfilling and future contracts that will determine the viability of his firm. The essence of professionalism for a career intelligence analyst is his integrity in laying out what the U.S. government should know about a foreign policy issue, regardless of the political interests of, or the costs to, the major players.

The loss of such professionalism within the CIA was starkly revealed in the 2002 National Intelligence Estimate on Iraq 's possession of weapons of mass destruction. It still seems astonishing that no senior official, beginning with Secretary of State Colin Powell, saw fit to resign when the true dimensions of our intelligence failure became clear, least of all Director of Central Intelligence George Tenet.

A willingness to engage in activities ranging from the dubious to the outright felonious seems even more prevalent among our intelligence contractors than among the agencies themselves, and much harder for an outsider to detect. For example, following 9/11, Rear Admiral John Poindexter, then working for the Defense Advanced Research Projects Agency (DARPA) of the Department of Defense, got the bright idea that DARPA should start compiling dossiers on as many American citizens as possible in order to see whether "data-mining" procedures might reveal patterns of behavior associated with terrorist activities.

On November 14, 2002, the New York Times published a column by William Safire entitled "You Are a Suspect" in which he revealed that DARPA had been given a $200 million budget to compile dossiers on 300 million Americans. He wrote, "Every purchase you make with a credit card, every magazine subscription you buy and medical prescription you fill, every web site you visit and every e-mail you send or receive, every bank deposit you make, every trip you book, and every event you attend -- all these transactions and communications will go into what the Defense Department describes as a 'virtual centralized grand database.'" This struck many members of Congress as too close to the practices of the Gestapo and the Stasi under German totalitarianism, and so, the following year, they voted to defund the project.

However, Congress's action did not end the "total information awareness" program. The National Security Agency secretly decided to continue it through its private contractors. The NSA easily persuaded SAIC and Booz Allen Hamilton to carry on with what Congress had declared to be a violation of the privacy rights of the American public -- for a price. As far as we know, Admiral Poindexter's "Total Information Awareness Program" is still going strong today.

The most serious immediate consequence of the privatization of official governmental activities is the loss of institutional memory by our government's most sensitive organizations and agencies. Shorrock concludes, "So many former intelligence officers joined the private sector [during the 1990s] that, by the turn of the century, the institutional memory of the United States intelligence community now resides in the private sector. That's pretty much where things stood on September 11, 2001." (p. 112)

This means that the CIA, the DIA, the NSA, and the other 13 agencies in the U.S. intelligence community cannot easily be reformed because their staffs have largely forgotten what they are supposed to do, or how to go about it. They have not been drilled and disciplined in the techniques, unexpected outcomes, and know-how of previous projects, successful and failed.

As numerous studies have, by now, made clear, the abject failure of the American occupation of Iraq came about in significant measure because the Department of Defense sent a remarkably privatized military filled with incompetent amateurs to Baghdad to administer the running of a defeated country. Defense Secretary Robert M. Gates (a former director of the CIA) has repeatedly warned that the United States is turning over far too many functions to the military because of its hollowing out of the Department of State and the Agency for International Development since the end of the Cold War. Gates believes that we are witnessing a "creeping militarization" of foreign policy -- and, though this generally goes unsaid, both the military and the intelligence services have turned over far too many of their tasks to private companies and mercenaries.

When even Robert Gates begins to sound like President Eisenhower, it is time for ordinary citizens to pay attention. In my 2006 book Nemesis: The Last Days of the American Republic, with an eye to bringing the imperial presidency under some modest control, I advocated that we Americans abolish the CIA altogether, along with other dangerous and redundant agencies in our alphabet soup of sixteen secret intelligence agencies, and replace them with the State Department's professional staff devoted to collecting and analyzing foreign intelligence. I still hold that position.

Nonetheless, the current situation represents the worst of all possible worlds. Successive administrations and Congresses have made no effort to alter the CIA's role as the president's private army, even as we have increased its incompetence by turning over many of its functions to the private sector. We have thereby heightened the risks of war by accident, or by presidential whim, as well as of surprise attack because our government is no longer capable of accurately assessing what is going on in the world and because its intelligence agencies are so open to pressure, penetration, and manipulation of every kind.

[Note to Readers: This essay focuses on the new book by Tim Shorrock, Spies for Hire: The Secret World of Intelligence Outsourcing, New York : Simon & Schuster, 2008.

Other books noted: Eugene Jarecki's The American Way of War: Guided Missiles, Misguided Men, and a Republic in Peril, New York: Free Press, 2008; Thomas Frank, The Wrecking Crew: How Conservatives Rule, New York: Metropolitan Books, 2008; Sheldon Wolin, Democracy Incorporated: Managed Democracy and the Specter of Inverted Totalitarianism, Princeton: Princeton University Press, 2008.]

Chalmers Johnson is the author of three linked books on the crises of American imperialism and militarism. They are Blowback (2000), The Sorrows of Empire (2004), and Nemesis: The Last Days of the American Republic (2006). All are available in paperback from Metropolitan Books.

© 2008 Tomdispatch.com All rights reserved.
View this story online at: http://www.alternet.org/story/92933/

Donations can be sent to the Baltimore Nonviolence Center , 325 E. 25th St. , Baltimore , MD 21218 . Ph: 410-366-1637; Email: mobuszewski [at] verizon.net

"The master class has always declared the wars; the subject class has always fought the battles. The master class has had all to gain and nothing to lose, while the subject class has had nothing to gain and everything to lose--especially their lives." Eugene Victor Debs

First death penalty hearing held

www.baltimoresun.com/news/local/politics/bal-md.capital29jul29,0,1125947.story

baltimoresun.com

First death penalty hearing held

Md. panel listens to evidence on disparities

By Jennifer McMenamin

Sun reporter

July 29, 2008

A state commission appointed to study the death penalty began its work yesterday by hearing testimony on statistical evidence of racial, geographic and socioeconomic disparities in different states' imposition of death sentences.

University professors, a former judge and statisticians from across the country appeared before the panel, which is assigned to offer recommendations to the General Assembly to ensure the administration of capital punishment in Maryland is "free from bias and error" and capable of achieving "fairness and accuracy."

In the most emotional testimony of the more than four-hour hearing, the brother of the Unabomber and the brother of a Marine convicted of killing an elderly woman during a flashback from his service in Vietnam offered accounts of their starkly different experiences with the criminal justice system.

Although both murder cases were eligible for capital prosecution, Ted Kaczynski was sentenced to life in prison without the possibility of parole for mail bombings that killed three people and injured 23, and Manny Babbitt was executed for the fatal beating of a Sacramento, Calif., woman.

"This can't be happening in America ," David Kaczynski, executive director of New Yorkers Against the Death Penalty, told commission members. "The death penalty is not made for people like [Bill Babbitt]'s brother."

Yesterday's testimony focused primarily on statistical studies completed in recent years that have documented geographic and racial disparities in the imposition of death sentences in Maryland and beyond. Other aspects of the death penalty, including the effects of prolonged capital court cases and the risk of executing innocent people, will be the subject of future hearings.

Pointing out that none of the five convicted killers executed in Maryland since 1978 or the five who remain on the state's death row was sentenced to death for killing a black person, one law professor said that "inexorable zero" should get people's attention.

"In short, the system appears to be broken," said David C. Baldus, a professor at the University of Iowa 's College of Law who has specialized in state and federal courts' use of statistical evidence in discrimination cases. Of particular concern, he explained, is that Maryland 's appeals courts have been unwilling to consider evidence of the pattern of discrimination.

"It appears," he testified, "that repeal of capital punishment is the only feasible way of eradicating the arbitrariness."

Established this year by the state legislature, the 23-member commission is charged with examining a number of issues, including disparities in the application of the death penalty, the cost differential between litigating prolonged capital punishment cases and life imprisonment, and the impact of DNA evidence.

Led by Benjamin R. Civiletti, a former U.S. attorney general who served under President Jimmy Carter, the commission includes a police chief, a former death-row inmate who was exonerated by DNA evidence, a rabbi, a bishop, three family members of murder victims, several legislators and a county prosecutor who has handled capital cases.

The commission must submit a final report on its findings and recommendations by Dec. 15.

There has been an effective ban on Maryland's use of its death chamber since December 2006, when its highest court ruled that the state's execution protocols were improperly developed without legislative oversight or public input.

In May, Gov. Martin O'Malley took the first step toward ending that moratorium, ordering the drafting of new procedures for executing inmates by lethal injection. That process could be completed by the end of the year.

The governor, who opposes capital punishment, had held off ordering new lethal injection protocols to give lawmakers another chance during this year's legislative session to consider repealing the death penalty. But a bill to replace capital punishment with life without parole stalled in a Senate committee for a second year in a row.

The protocols outline the three-drug procedure used for putting condemned prisoners to death. In April, the U.S. Supreme Court upheld Kentucky 's use of lethal injection protocols that are virtually identical to those used in Maryland .

Yesterday's public hearing in Annapolis was the first of four public scheduled through September by the death penalty commission. In addition to the expert witnesses who testified, the hearing drew capital punishment opponents who urged the commission to recommend a repeal of the death penalty on broader grounds.

"I think this is an ethical and moral issue," said Brother Gerard Sullivan, a Fells Point resident and a brother in the Roman Catholic Marian Society who has served as a jail chaplain and has worked with convicted felons serving life sentences at a maximum-security prison in Missouri.

"My experience was that people can change," he testified. "In your consideration, I'd say look at the possibility of people changing. In your recommendations, strongly ask for changes in our correctional system that will help these men change themselves."

During a hearing dominated by statistics and numbers - often from reports and studies that were published and made headlines years ago - the testimony of David Kaczynski and Bill Babbitt seemed to hold the room's attention.

Both men turned in their brothers to the authorities, Kaczynski after discovering the similarities between letters sent to him by his brother and the manifesto published by the Unabomber, and Babbitt after finding among his brother's things a collection of nickels and a cigarette lighter engraved with the initials of an elderly nickel slots player who had been killed nearby.

Both murder defendants had also been diagnosed with mental illnesses. Both were tried by all-white juries. And both were convicted of killing white victims.

"What's remarkable after hearing all the similarities in our cases is the different outcome," Kaczynski testified.

His brother, who is white, was offered a plea and life without the possibility of parole, Manny Babbitt, who is black, was sentenced to death and executed in 1999 on his 50th birthday after spending 20 years on California's death row.

"Look at the differences," Kaczynski told the panel. "My brother had a Ph.D. Bill's brother failed to graduate the sixth grade. My brother went to Harvard. Bill's brother went to Vietnam . My brother killed three people with meditation. Bill's brother, in the midst of a flashback, lashed out at one person who later died of a heart attack."

Outside the hearing room, Kaczynski said that meeting Bill Babbitt had transformed him into a passionate anti-death penalty advocate.

"If people knew how the death penalty was applied, I think people would be surprised by the lack of justice," he said. "It becomes like rolling the dice - except that some people have loaded dice."


jennifer.mcmenamin@

baltsun.com

Donations can be sent to the Baltimore Nonviolence Center , 325 E. 25th St. , Baltimore , MD 21218 . Ph: 410-366-1637; Email: mobuszewski [at] verizon.net

"The master class has always declared the wars; the subject class has always fought the battles. The master class has had all to gain and nothing to lose, while the subject class has had nothing to gain and everything to lose--especially their lives." Eugene Victor Debs

The Nuclear Regulatory Commission says The Reactor Revival Is NOT Ready For Prime Time

The Nuclear Regulatory Commission says The Reactor Revival Is NOT Ready For Prime Time

by Harvey Wasserman

A devastating blow to the much-hyped revival of atomic power has been delivered by an unlikely source—the Nuclear Regulatory Commission. The NRC says the “standardized” designs on which the entire premise of returning nuclear power to center stage is based have massive holes in them, and may not be ready for approval for years to come.

Delivered by one of America ’s most notoriously docile agencies, the NRC’s warning essentially says: that all cost estimates for new nuclear reactors—and all licensing and construction schedules—are completely up for grabs, and have no reliable basis in fact. Thus any comparisons between future atomic reactors and renewable technologies are moot at best. And any “hard number” basis for independent financing for future nukes may not be available for years to come, if ever.

These key points have been raised in searing testimony before state regulators by Jim Warren of the North Carolina Waste and Awareness Reduction Network and Tom Clements of the South Carolina Friends of the Earth, and by others now challenging proposed state-based financing for new Westinghouse AP-1000 reactors. The NRC gave conditional “certification” to this “standardized” design in 2004, allowing design work to continue. But as recently as June 27, the NRC has issued written warnings that hundreds of key design components remain without official approval. Indeed, Westinghouse has been forced to actually withdraw numerous key designs, throwing the entire permitting process into chaos.

The catastrophic outcome of similar problems has already become tangible. After two years under construction, the first “new generation” French reactor being built in Finland is already more than two years behind schedule, and more than $2.5 billion over budget. The scenario is reminiscent of the economic disaster that hit scores of “first generation” reactors, which came in massively over budget and, in many cases, decades behind promised completion dates.

In North and South Carolina , public interest groups are demanding the revocation of some $230 million in pre-construction costs already approved by state regulators for two proposed Duke Energy reactors. In both those states, as well as in Florida , Alabama and Georgia , Westinghouse AP-1000 reactors have been presented to regulatory commissions to be financed by ratepayers as they are being built.

This astounding pro-utility scheme forces electric consumers to pay billions of dollars for nuclear plants that may never operate, and whose costs are indeterminate. Sometimes called Construction Work in Progress, it lets utilities raise rates to pay for site clearing, project planning, and down payments on large equipment and heavy reactor components, such as pressure vessels, pumps and generators, that can involve hundreds of millions of dollars, even before the projects get final federal approval. The process in essence gives utilities an incentive to drive up construction costs as much as they can. It allows them to force ratepayers to cover legal fees incurred by the utilities to defend themselves against lawsuits by those very ratepayers. And the public is stuck with the bill for whatever is spent, even if the reactor never opens—or if it melts down before it recoups its construction costs, as did Pennsylvania’s Three Mile Island Unit Two in 1979, which self-destructed after just three months of operation.

According to Warren and Clements, Duke Energy and its cohorts have “filed some 6,500 pages of Westinghouse’s technical design documents as the major component of applications” to build new reactors. “Of the 172 interconnected Westinghouse documents,” say NCWARN and FOE, “only 21 have been certified.” And most of what has been certified, they add, rely on systems that are unapproved, and that are key to the guts of the reactor, including such major components as the “reactor building, control room, cooling system, engineering designs, plant-wide alarm systems, piping and conduit.”

In other words, despite millions of dollars of high-priced hype, the “new generation” of “standardized design” power plants actually does not exist. The plans for these reactors have not been finalized by the builders themselves, nor have they been approved by the regulators. There is no operating prototype of a Westinghouse AP-1000 from which to draw actual data about how safely these plants might actually operate, what their environmental impact might be, or what they might cost to build or run.

In fact, as the NRC’s June 27 letter notes, Westinghouse has been forced to withdraw key technical documents from the regulatory process. The NRC says this means design approval for the AP-1000 might not come until 2012.

The problem extends to other designs. According to Michael Mariotte of the Nuclear Information & Resource Service, the “Evolutionary Power Reactor” proposed for Calvert Cliffs, Maryland , “is way behind in certification” causing delays in the licensing process. Similar problems have arisen with the “Economic Simplified Boiling War Reactor” design proposed for North Anna , Virginia and Fermi, Michigan . “All of these utilities seem to want standardization for the other guy, not for themselves, so most of them are making changes to the ’standardized’ designs, says Mariotte. “Even the ABWR,” being planned for a site in south Texas , which has actually been built before, “has design issues” that have caused delays.

The problem, says Mariotte, “is that the NRC is still trying to go ahead and do licensing even with the designs not certified. This is going to lead to a big mess later on.”

But in the meantime, Public Service Commissions like the one in Florida , have given preliminary approval to reactor proposals whose projected costs have more than doubled in just one year. Florida Power & Light’s two proposed reactors at Turkey Point, on the border of the Everglades National Park, are listed as costing somewhere between $6 billion and $9 billion. FP&L refuses to commit to a firm price, and is demanding south Florida ratepayers foot an unknowable bill for gargantuan projects whose costs are virtually certain to skyrocket long before the NRC approves the actual reactor designs. By contrast, the “huge” preliminary deal just reached between Florida , environmentalists and U.S. Sugar to buy some 180,000 acres of land to save the Everglades is now estimated at less than $2 billion, less than one-sixth the minimum estimated cost of the two reactors proposed for Turkey Point.

In the larger picture, the depth of this scam is staggering. With no finalized design, and no firm price tag, a second generation of nuclear power plants is now being put on the tab of southeastern citizens whose rates have already begun to skyrocket. These reactor projects cannot get private financing, and cannot proceed without either massive federal subsidies and loan guarantees, or a flood of these state-based give-aways. They also cannot get private insurance against future melt-downs, and have no solution for their radioactive waste problem. Current estimates for finishing the proposed Yucca Mountain national waste repository, also yet to be licensed, are soaring toward $100 billion, even though it, too, may never open.

By contrast, firm costs for proposed wind farms, solar panels, increased efficiency and other green sources are proven and reliable. These projects are easily financed by private investors lining up to become involved. Some $6 billion in new wind farms are under construction or on order in the United States alone. They are established and profitable, and can in many cases can be up and running in less than a year.

The high-profile campaign to paint atomic energy as some kind of answer to America ’s energy problems has hit the iceberg of its economic impossibilities. The atomic “renaissance” has no tangible approved design, and no firm construction or operating costs to present. There are no reliable new reactor construction schedules, except to know that it will be at least ten years before the first one could conceivably come on line, and that its price tag is unknowable.

In short, the “nuclear renaissance” is perched atop a gigantic technical and economic chasm that looms larger every day, and that could soon swallow the entire idea of building more reactors.

Harvey Wasserman’s SOLARTOPIA! OUR GREEN-POWERED EARTH, A.D. 2030, is at www.solartopia.org. He is senior advisor to Greenpeace USA and the Nuclear Information & Resource Service, and writes regularly for www.freepress.org, where this article first appeared.

Donations can be sent to the Baltimore Nonviolence Center , 325 E. 25th St. , Baltimore , MD 21218 . Ph: 410-366-1637; Email: mobuszewski [at] verizon.net

"The master class has always declared the wars; the subject class has always fought the battles. The master class has had all to gain and nothing to lose, while the subject class has had nothing to gain and everything to lose--especially their lives." Eugene Victor Debs