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President Bush takes questions from reporters in the East Room of the White House on Monday in Washington. Bush said he approved spying on suspected terrorists without court orders because it was "a necessary part of my job to protect" Americans from attack. (Evan Vucci/The Associated Press )

Bush claims 'legal authority' to use domestic surveillance

'A shameful act': He's angry that the media revealed he has OK'd spying without a warrant

By Terence Hunt The Associated Press

WASHINGTON - The disclosure of a top-secret domestic spying program has ignited a furious debate about presidential authority, civil liberties and whether President Bush is acting above the law.

''Do I have the legal authority to do this? And the answer is, absolutely,'' Bush said Monday. But plenty of people disagreed with his conclusion.

Angry that the program had been revealed, Bush said it was an effective tool in disrupting terrorists. He said it was "a shameful act" for someone to have leaked details to the media.

Attorney General Alberto Gonzales said it was ''probably the most classified program that exists in the United States government'' - involving electronic intercepts of telephone calls and e-mails in the United States of people with known ties to al-Qaida and other terrorist groups.

At a news conference, Bush bristled at the suggestion he was assuming unlimited powers.

''To say 'unchecked power' basically is ascribing some kind of dictatorial position to the president, which I strongly reject,'' he said angrily in a finger-pointing answer. ''I am doing what you expect me to do, and at the same time, safeguarding the civil liberties of the country.''

Despite Bush's defense, there was a growing storm of criticism from Congress and calls for investigations, from Democrats and Republicans alike. West Virginia Sen. Jay Rockefeller, the top Democrat on the Senate Intelligence Committee, released a handwritten letter expressing concern to Vice President Dick Cheney after being briefed more than two years ago.

Rockefeller complained then that the information was so restricted he could not "fully evaluate, much less endorse these activities.'' He expressed concern about the administration's direction on security, technology and surveillance issues.

Sen. Arlen Specter, R-Pa., chairman of the Judiciary Committee, said he would ask Bush's Supreme Court nominee, Samuel Alito, his views of the president's authority for spying without a warrant.

Bush challenged Senate Minority Leader Harry Reid, D-Nev., and Sen. Hillary Rodham Clinton, D-N.Y. - without naming them - to allow a final vote on legislation renewing the anti-terror Patriot Act, saying it was inexcusable to let it expire. ''I want senators from New York or Los Angeles or Las Vegas to go home and explain why these cities are safer'' without the extension, he said.

Reid and Clinton both helped block passage of the legislation in the Senate last week.

On another issue, Bush acknowledged that a prewar failure of intelligence - claiming Saddam Hussein possessed weapons of mass destruction - has complicated the U.S. ability to confront other potential emerging threats such as Iran.

'Where it is going to be most difficult to make the case is in the public arena,'' Bush said. ''People will say, if we're trying to make the case on Iran, 'Well, if the intelligence failed in Iraq, therefore, how can we trust the intelligence on Iran?' " - sltrib.com

US judge resigns over Bush's domestic spying authorization: report

Wed Dec 21, 2:57 AM ET

WASHINGTON (AFP) - A federal judge on a court that oversees intelligence cases has resigned to protest President George W. Bush's authorization of a domestic spying program, The Washington Post said.

US District Judge James Robertson resigned late Monday from the Foreign Intelligence Surveillance Court (FISA) on which he served for 11 years and which he belives may have been tainted by Bush's 2002 authorization, two associates familiar with his decision told the daily.

The resignation is the latest fallout of Bush's weekend public admission that he authorized the National Security Agency (NSA) -- the country's super-secret electronic surveillance arm -- to eavesdrop on international telephone calls and electronic mail of US citizens suspected of having links with terrorist organizations including Al-Qaeda.

Bush's statement on the weekend that the secret program did not require FISA court orders -- according to his reading of the Patriot Act passed after the September 11 attacks, has angered civil rights groups and lawmakers, some of whom have called for a congressional investigation.

The New York Times first revealed last week the secret NSA program that officials said has likely involved eavesdropping on thousands of people in the United States. Bush said he expected the Justice Department to investigate the leak of such sensitive information. On Wednesday, The New York Times quoted US officials as saying that "a very small fraction" of those wiretaps and e-mail intercepts were of communications between people in the United States and were caused by technical glitches. The revelation is likely to add fuel to the firestorm over the NSA spying program.

Robertson's associates said the judge - one of 11 on the FISA court -- in recent conversations said he was concerned that the information gained from warrantless NSA surveillance could have been used to obtain FISA warrants. "They just don't know if the product of wiretaps were used for FISA warrants -- to kind of cleanse the information," said one source, who spoke on the condition of anonymity because of the classified nature of the FISA warrants.

In a separate story, The New York Times Wednesday quoted congressional officials as saying that the White House's oral briefings to lawmakers on the secret NSA spying program may not have fulfilled a legal requirement that such reports be in written form. Bush, on revealing his secret order to the NSA, said US lawmakers had been briefed regularly of the spying activity.

Congressional officials consulted by the Times said no more than 14 members of Congress have been briefed orally of the program since it began, but that no aides and note-taking were allowed during the meetings. Consequently, the daily said, the lawmakers who attended the briefings have provided starkly different versions of what they were told at the sessions, which were almost invariably led by Vice President Dick Cheney and NSA director Michael Hayden.

In 2004 and 2005, Bush repeatedly argued that the controversial Patriot Act package of anti-terrorism laws safeguards civil liberties because US authorities still need a warrant to tap telephones in the United States. "Any time you hear the United States government talking about wiretap, it requires -- a wiretap requires a court order," he said on April 20, 2004 in Buffalo, New York. "Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so," he added.

On April 19, 2004, Bush said the Patriot Act enabled law-enforcement officials to use "roving wiretaps," which are not fixed to a particular telephone, against terrorism, as they had been against organized crime. "You see, what that meant is if you got a wiretap by court order -- and by the way, everything you hear about requires court order, requires there to be permission from a FISA court, for example," he said in Hershey, Pennsylvania. "A couple of things that are very important for you to understand about the Patriot Act. First of all, any action that takes place by law enforcement requires a court order," he said July 14, 2004 in Fond Du Lac, Wisconsin. "In other words, the government can't move on wiretaps or roving wiretaps without getting a court order," he said. "What the Patriot Act said is let's give our law enforcement the tools necessary, without abridging the Constitution of the United States, the tools necessary to defend America."

The president has also repeatedly said that the need to seek such warrants means "the judicial branch has a strong oversight role." "Officers must meet strict standards to use any of these tools. And these standards are fully consistent with the Constitution of the United States," he added in remarks at the Ohio State Highway Patrol Academy.

He made similar comments in Baltimore, Maryland, on July 20 2005. Vice President Dick Cheney offered similar reassurances at a Patriot Act event in June 2004, saying that "all of the investigative tools" under the law "require the approval of a judge before they can be carried out."

"And similar statutes have been on the book for years, and tested in the courts, and found to be constitutional," he said in Kansas City, Missouri. - news.yahoo.com

the mind boggles

People of the Year: Bill Clinton and George H.W. Bush

Former Presidents Put Aside Political Differences for Tsunami, Hurricane Relief

Dec. 27, 2005 - What an unlikely pair - former Presidents Bill Clinton and George Herbert Walker Bush. The two men came together earlier this year to try to ease the suffering of so many in the wake of Asia's devastating tsunami.

"I think that if someone gives you the White House and gives you the most wonderful job in the world," Clinton said, "you ought to spend the rest of your life trying to give back to the American people whatever you can."

"I'm an old-fashioned guy," said Bush. "I still think politics is a noble calling. I believe most people in politics are honorable people that are serving for the right reasons."

The two have come a long way since running against each other in 1992. Bush once called Clinton a bozo while on the campaign trail.

"I never thought that was an offensive word, but yeah, that was what, 15 years ago," said Bush. "You just can't go through life with a great deal of bitterness in your heart over something that happened 15 years ago."

Rebuilding Homes, Lives

At President George W. Bush's request, the two visited the region and raised money for rebuilding homes and lives ravaged by the tsunami, which left more than 200,000 people dead or missing.

"Here was a young child, life shattered, mother drowned in front of her, sitting on a mud floor. It's terribly moving. The children are what gets me the most," said Bush. "It was very painful," added Clinton. "It's breathtaking. You think, 'How do they go on?'"

The former presidents have also raised more than $100 million for Hurricane Katrina relief in Louisiana and Mississippi. More than 500,000 families lost their homes in the hurricane. In today's divisive political climate, they have tried to promote tolerance and bipartisanship, leading by example.

"This so-called politics of personal destruction is a part of a larger trend to force everybody into little boxes," said Clinton. "You've got to be liberal or conservative. We're all supposed to be two-dimensional cartoon characters, not flesh and blood people with strengths and weaknesses. We're right and we're wrong." "Because you run against each other that doesn't mean you're enemies," said Bush. "Politics doesn't have to be uncivil and nasty." Said Clinton: "Where we can find common ground and do something for the future of the country and for the future of our children and grandchildren, I think we ought to do it."

Once Foes, Now Friends

On a long flight to Asia to visit tsunami victims, Clinton gave the one bed on the plane to Bush and slept on an air mattress. "The guy is indefatigable," Bush said about Clinton. "Energizer bunny, he just keeps going and going and going here and there and around the world. When you see it up close, it's undeniable."

Said Clinton about Bush: "He's funny. He's straightforward. He's all business when we're working. Doesn't beat around the bush a lot, doesn't take a long time to make decisions. He's interested in results, just like I am."

Their work together will continue in the coming year. There is still an overwhelming job to do.

"This Katrina thing is staggering," said Clinton. "I mean, it's much worse than people know still, and our response nationally is still way inadequate. We just have to persist and keep our energy level up. Hopefulness is an important part of that. You have to believe that tomorrow will be better than today." "I want to see life a little better for people in Bande Aceh or Sri Lanka. Clearly, that's what I'd like to see in New Orleans," Bush added. "If he and I working together can be a vehicle for part of that - believe me, it's only an infinitesimal part of it, what we're doing - I have the satisfaction of saying this is worth it." - abc news

In this image taken from an amateur video and provided by WWL-TV, New Orleans police confront a man who witnesses say had been waving a knife, Monday Dec. 26, 2005 on St. Charles Ave. in New Orleans. Police spokesman David Adams confirmed that police had shot and killed the man, but had no other details. The video was shot by Phin Percy, who looked down from his father's second-story apartment

New Orleans Police Shoot, Kill Man

By BRETT MARTEL, Associated Press Writer1 hour, 27th Dec 2005

The city's embattled police department will have another internal investigation to face after a swarm of converging officers gunned down a man brandishing a knife. A police spokesman said the officers who fired on the man Monday will be reassigned pending the outcome of the probe, but he defended their response, saying at least one officer's life was in danger just prior to the barrage of gunfire.

"You have a subject who's lunging at them with a knife... swinging wildly at them and they're fearing for their life," said Officer David Adams, a police spokesman. "They had no other choice but to resort to lethal force."

Officers repeatedly asked the man to drop the knife and used pepper spray to try to subdue him, but he used a cloth to cover his face and was still able to walk toward an officer and threaten him, authorities said.

"Evidently the pepper spray had no effect," Adams said.

A businessman had called police after a confrontation with the 38-year-old victim in the Lower Garden District west of downtown. The shooting occurred on St. Charles Avenue, an important thoroughfare in the city, famous for its historic green street cars and Mardi Gras parades. Adams said he did not know how many officers fired shots or how many shots were fired. Witnesses said a half dozen or more shots were fired.

Phin Percy videotaped a portion of the incident from his father's second-story apartment. "The cops kept telling him, 'Lay down! Lay down!' This went on for about three minutes," he said.

Trey Brokaw, a patron at a nearby bar, said he saw the victim with a knife in his hand shortly before the shooting. "I didn't see anyone near him," Brokaw said. "It didn't seem like anyone was going to get hurt to me."

Brokaw said he did not see what happened in the final moments before the shots rang out. The victim's name was not released because his family had not been notified. It was the first shooting of any kind involving a New Orleans officer since the city was officially reopened after Hurricane Katrina damaged many neighborhoods and displaced tens of thousands of residents nearly four months ago, Adams said.

Since the storm, the police department has struggled to rebuild its ranks and address questions about officers' conduct. Hundreds of police left the city without permission in the days after the storm. There were also allegations of theft and looting by officers, and the videotaped beating of a retired teacher by police in the French Quarter. The police chief resigned a month after the storm. Two of the officers accused of the beating were fired; a third was suspended for 120 days. All three are scheduled to be tried next month. The allegations of looting and theft are being investigated. - news.yahoo.com

Bush could bypass new torture ban

Waiver right is reserved

By Charlie Savage, Globe Staff | January 4, 2006 - WASHINGTON -- When President Bush last week signed the bill outlawing the torture of detainees, he quietly reserved the right to bypass the law under his powers as commander in chief.

After approving the bill last Friday, Bush issued a ''signing statement" -- an official document in which a president lays out his interpretation of a new law -- declaring that he will view the interrogation limits in the context of his broader powers to protect national security. This means Bush believes he can waive the restrictions, the White House and legal specialists said.

''The executive branch shall construe [the law] in a manner consistent with the constitutional authority of the President . . . as Commander in Chief," Bush wrote, adding that this approach ''will assist in achieving the shared objective of the Congress and the President . . . of protecting the American people from further terrorist attacks."

Some legal specialists said yesterday that the president's signing statement, which was posted on the White House website but had gone unnoticed over the New Year's weekend, raises serious questions about whether he intends to follow the law.

A senior administration official, who spoke to a Globe reporter about the statement on condition of anonymity because he is not an official spokesman, said the president intended to reserve the right to use harsher methods in special situations involving national security.

''We are not going to ignore this law," the official said, noting that Bush, when signing laws, routinely issues signing statements saying he will construe them consistent with his own constitutional authority. ''We consider it a valid statute. We consider ourselves bound by the prohibition on cruel, unusual, and degrading treatment."

But, the official said, a situation could arise in which Bush may have to waive the law's restrictions to carry out his responsibilities to protect national security. He cited as an example a ''ticking time bomb" scenario, in which a detainee is believed to have information that could prevent a planned terrorist attack.

''Of course the president has the obligation to follow this law, [but] he also has the obligation to defend and protect the country as the commander in chief, and he will have to square those two responsibilities in each case," the official added. ''We are not expecting that those two responsibilities will come into conflict, but it's possible that they will."

David Golove, a New York University law professor who specializes in executive power issues, said that the signing statement means that Bush believes he can still authorize harsh interrogation tactics when he sees fit.

''The signing statement is saying 'I will only comply with this law when I want to, and if something arises in the war on terrorism where I think it's important to torture or engage in cruel, inhuman, and degrading conduct, I have the authority to do so and nothing in this law is going to stop me,' " he said. ''They don't want to come out and say it directly because it doesn't sound very nice, but it's unmistakable to anyone who has been following what's going on."

Golove and other legal specialists compared the signing statement to Bush's decision, revealed last month, to bypass a 1978 law forbidding domestic wiretapping without a warrant. Bush authorized the National Security Agency to eavesdrop on Americans' international phone calls and e-mails without a court order starting after the terrorist attacks of Sept. 11, 2001.

The president and his aides argued that the Constitution gives the commander in chief the authority to bypass the 1978 law when necessary to protect national security. They also argued that Congress implicitly endorsed that power when it authorized the use of force against the perpetrators of the attacks.

Legal academics and human rights organizations said Bush's signing statement and his stance on the wiretapping law are part of a larger agenda that claims exclusive control of war-related matters for the executive branch and holds that any involvement by Congress or the courts should be minimal.

Vice President Dick Cheney recently told reporters, ''I believe in a strong, robust executive authority, and I think that the world we live in demands it. . . . I would argue that the actions that we've taken are totally appropriate and consistent with the constitutional authority of the president."

Since the 2001 attacks, the administration has also asserted the power to bypass domestic and international laws in deciding how to detain prisoners captured in the Afghanistan war. It also has claimed the power to hold any US citizen Bush designates an ''enemy combatant" without charges or access to an attorney. And in 2002, the administration drafted a secret legal memo holding that Bush could authorize interrogators to violate antitorture laws when necessary to protect national security. After the memo was leaked to the press, the administration eliminated the language from a subsequent version, but it never repudiated the idea that Bush could authorize officials to ignore a law. The issue heated up again in January 2005. Attorney General Alberto Gonzales disclosed during his confirmation hearing that the administration believed that antitorture laws and treaties did not restrict interrogators at overseas prisons because the Constitution does not apply abroad.

In response, Senator John McCain, Republican of Arizona, filed an amendment to a Defense Department bill explicitly saying that that the cruel, inhuman, and degrading treatment of detainees in US custody is illegal regardless of where they are held. McCain's office did not return calls seeking comment yesterday. The White House tried hard to kill the McCain amendment. Cheney lobbied Congress to exempt the CIA from any interrogation limits, and Bush threatened to veto the bill, arguing that the executive branch has exclusive authority over war policy. But after veto-proof majorities in both houses of Congress approved it, Bush called a press conference with McCain, praised the measure, and said he would accept it.

Legal specialists said the president's signing statement called into question his comments at the press conference.

''The whole point of the McCain Amendment was to close every loophole," said Marty Lederman, a Georgetown University law professor who served in the Justice Department from 1997 to 2002. ''The president has re-opened the loophole by asserting the constitutional authority to act in violation of the statute where it would assist in the war on terrorism."

Elisa Massimino, Washington director for Human Rights Watch, called Bush's signing statement an ''in-your-face affront" to both McCain and to Congress.

''The basic civics lesson that there are three co-equal branches of government that provide checks and balances on each other is being fundamentally rejected by this executive branch," she said. ''Congress is trying to flex its muscle to provide those checks [on detainee abuse], and it's being told through the signing statement that it's impotent. It's quite a radical view." - boston.com

Homeland Security opening private mail

Retired professor confused, angered when letter from abroad is opened

By Brock N. Meeks Chief Washington correspondent - MSNBC Updated: 5:55 p.m. ET Jan. 6, 2006

WASHINGTON - In the 50 years that Grant Goodman has known and corresponded with a colleague in the Philippines he never had any reason to suspect that their friendship was anything but spectacularly ordinary.

But now he believes that the relationship has somehow sparked the interest of the Department of Homeland Security and led the agency to place him under surveillance.

Last month Goodman, an 81-year-old retired University of Kansas history professor, received a letter from his friend in the Philippines that had been opened and resealed with a strip of dark green tape bearing the words "by Border Protection" and carrying the official Homeland Security seal.

"I had no idea (Homeland Security) would open personal letters," Goodman told MSNBC.com in a phone interview. "That's why I alerted the media. I thought it should be known publicly that this is going on," he said. Goodman originally showed the letter to his own local newspaper, the Kansas-based Lawrence Journal-World.

"I was shocked and there was a certain degree of disbelief in the beginning," Goodman said when he noticed the letter had been tampered with, adding that he felt his privacy had been invaded. "I think I must be under some kind of surveillance."

Goodman is no stranger to mail snooping; as an officer during World War II he was responsible for reading all outgoing mail of the men in his command and censoring any passages that might provide clues as to his unit's position. "But we didn't do it as clumsily as they've done it, I can tell you that," Goodman noted, with no small amount of irony in his voice. "Isn't it funny that this doesn't appear to be any kind of surreptitious effort here," he said.

The letter comes from a retired Filipino history professor; Goodman declined to identify her. And although the Philippines is on the U.S. government's radar screen as a potential spawning ground for Muslim-related terrorism, Goodman said his friend is a devout Catholic and not given to supporting such causes.

A spokesman for the Customs and Border Protection division said he couldn't speak directly to Goodman's case but acknowledged that the agency can, will and does open mail coming to U.S. citizens that originates from a foreign country whenever it's deemed necessary.

"All mail originating outside the United States Customs territory that is to be delivered inside the U.S. Customs territory is subject to Customs examination," says the CBP Web site. That includes personal correspondence. "All mail means 'all mail,'" said John Mohan, a CBP spokesman, emphasizing the point.

"This process isn't something we're trying to hide," Mohan said, noting the wording on the agency's Web site. "We've had this authority since before the Department of Homeland Security was created," Mohan said.

However, Mohan declined to outline what criteria are used to determine when a piece of personal correspondence should be opened, but said, "obviously it's a security-related criteria."

Mohan also declined to say how often or in what volume CBP might be opening mail. "All I can really say is that Customs and Border Protection does undertake [opening mail] when it is determined to be necessary," he said. - msnbc

More revelations of illegal spying by US government

By Joe Kay 7 January 2006

Over the past week, several new reports have emerged casting additional light on the vast extent of illegal spying carried out by the US government. It is becoming increasingly clear that the government has initiated a major project to collect and database the communications of US citizens and non-citizens, including opponents of the war in Iraq and other policies of the Bush administration.

Moves to initiate the program began before September 11, 2001. However, as with all the policies pursued by the government since then, the terrorist attacks have been used to justify the spying under the overarching pretext of the "war on terrorism."

James Risen, one of the authors of the original New York Times article exposing a broad program of spying by the National Security Agency (NSA) without legally required court-issued warrants, has published a book entitled State of War: The Secret History of the CIA and the Bush Administration. The book elaborates on what has already become clear from Risen's own articles and other reports that have emerged in the press: that the spying program is much broader than the administration has been forced to acknowledge, and includes surveillance on purely domestic communications as well as communications entering and leaving the United States.

Risen reports that the NSA has been able to gain access to telecommunications switches, which are routing stations run by a handful of giant companies that direct large quantities of telephone calls and e-mails. "Unknown to most Americans," Risen writes, "the NSA has extremely close relationships with both the telecommunications and computer industries, according to several government officials. Only a very few top executives in each corporation are aware of such relationships or know about the willingness of the corporations to cooperate on intelligence matters."

These switches contain both international communications and communications entirely within the US. Because the US controls the Internet infrastructure, much of the world's e-mail traffic at some point passes through stations located within the United States. "With its direct access to the US telecommunications system, there seems to be no physical or logistical obstacle to prevent the NSA from eavesdropping on anyone in the United States that it chooses," Risen writes. The program established to allow the NSA spying is a highly secretive "special access program," with no oversight or accountability required from the NSA regarding the communications it decides to monitor and for what reason.

Washington Post correspondent Walter Pincus reported in an article on January 1 that the NSA has been sharing the data it collects with other US agencies, including the military's new command for North America, the Northern Command (Northcom). Citing current and former administration officials, the Post reported that the agencies that may have access to the information collected by the NSA include the FBI, the Defense Intelligence Agency (DIA), the CIA and the Department of Homeland Security.

According to Pincus, "At least one of those organizations, the DIA [the military intelligence arm], has used NSA information as the basis for carrying out surveillance of people in the country suspected of posing a threat, according to two sources. A DIA spokesman said the agency does not conduct such domestic surveillance but would not comment further."

While the officials insisted that the NSA tracks only individuals with apparent links to organizations that the US government considers to be terrorist, other agencies may be using it for more general purposes, the Post reported. "What data sets are included is a policy decision [made by individual agencies] when they involve other than terrorist links," the newspaper quoted one former administration official as saying.

The DIA databases are coordinated by Northcom, which collects information from the NSA as well as other intelligence and police agencies. According to an earlier report by Pincus, one of the databases run by the military included information on anti-war protestors. This database is shared with other organizations, including law enforcement agencies.

This sharing of names and information within intelligence agencies is widespread. A brief report in Newsweek on May 2, 2005, which has received little attention in the media since, noted, "According to information obtained by Newsweek, since January 2004 NSA received-and fulfilled-between 3,000 and 3, 500 requests from other agencies to supply the names of US citizens and officials (and citizens of other countries that help NSA eavesdrop around the world, including Britain, Canada and Australia) that initially were deleted from raw intercept reports." In total, the news magazine reported, the number of names provided by the NSA to other agencies during this period surpassed 10,000.

The danger that these steps pose to the democratic rights and personal freedom of the American people can hardly be overemphasized. The establishment of the Northern Command in 2002 was a critical step in the expansion of the role of the military in domestic affairs. In the summer of 2005, reports emerged of plans being developed within Northcom for the military to assume sweeping new powers, using a terrorist attack or natural catastrophe as the reason. (See "Pentagon devising scenarios for martial law in US")

Any databases or lists of names, culled from searches through e-mails and telephone conversations, could form the basis for mass round-ups and arrests of anyone considered to be a threat to "national security."

Such plans are hardly unprecedented. In the 1980s, the Reagan administration worked out a procedure for mass arrests of opponents of a US invasion of Nicaragua or El Salvador. The current director of national intelligence, John Negroponte, was US ambassador to Honduras during the time, and was closely involved with US actions in Central America, including the US-financed war against the government of Nicaragua.

Negroponte, now occupying a position tasked with coordinating the work of 15 different intelligence agencies, including the NSA and the DIA, is presumably a central figure in the coordination of the illegal spying operations currently being employed by the Bush administration.

A central component of the administration's policy since it came to office has been to erect the foundations for what would amount to a presidential dictatorship. The same officials who developed pseudo-legal arguments to justify the spying program have argued that the president has the constitutional authority as commander in chief to detain any individual, including any US citizen, indefinitely and without charges on the grounds that he or she may be a threat to national security.

The new NSA spying program was so blatantly in violation of the 1978 Foreign Intelligence Surveillance Act, which requires the NSA to obtain warrants for domestic spying from a special intelligence court, that it generated divisions within the Bush administration itself.

A New York Times article on January 1 noted that at one point in 2004, Deputy Attorney General James Comey, then acting as attorney general while John Ashcroft was recovering from surgery, refused to give approval to some aspects of the program. Ashcroft himself apparently indicated some reservations after an emergency intervention by White House Chief of Staff Andrew Card and White House Counsel Alberto Gonzales, now attorney general. That Ashcroft, who was closely associated with all the attacks on democratic rights of Bush's first term, had some concerns is indicative of the extraordinary breadth of the spying program.

The Bush administration continues to lie about the extent and purpose of the spying. In a speech on January 4 to the Heritage Foundation, Vice President Dick Cheney repeated the argument that the spying is authorized by the US Constitution and the congressional resolution passed following the attacks on September 11. He also repeated the line that the spying is necessary for the "war on terrorism" and is limited to "terrorist-linked international communications." If the surveillance had been in place prior to September 11, "we might have been able to pick up on two hijackers who subsequently flew a jet into the Pentagon," he said.

According to the arguments of Cheney, Bush and the administration as a whole, the "war on terrorism" grants unlimited powers, and anyone who opposes these powers is aiding and abetting terrorism. The claim that if the government had these powers before September 11, it would have been able to stop the attacks is absurd on two counts. First, it is by now well documented that the FBI and CIA had information on at least some of the hijackers but did not act on this information. There is considerable evidence that points to the complicity at some level of the government itself in facilitating the attacks, which provided a pretext for a major policy shift, including the introduction of new spying powers and a vast expansion of US military action abroad, including the implementation of pre-existing plans to invade Iraq.

Second, plans for the expansion of NSA spying powers began before September 11. Their aim is not to combat terrorism, but to monitor the activity of the American people.

According to a January 3 report in the online magazine Slate, the NSA's attempts to gain access to telecommunications switches began months before the terrorist attacks on New York and Washington. "A former telecom executive told us that efforts to obtain call details go back to early 2001, predating the 9/11 attacks and the president's now celebrated secret executive order," Slate reporters Shane Harris and Tim Naftali wrote. "The source, who asked not to be identified so as not to out his former company, reports that the NSA approached US carriers and asked for their cooperation in a 'data-mining' operation, which might eventually cull 'millions' of individual calls and e-mails."

A report written by the NSA in December 2000 for the incoming Bush administration argued that the agency had to develop new ways to exploit modern communications systems. While circumspect on specific proposals, the Transition 2001 report, made public after a Freedom of Information Act request by the non-governmental National Security Archives, called for much more expansive monitoring of telecommunications.

The report stated that under conditions in which communications are now "mostly digital, carry billions of bits of data, and contain voice, data and multimedia...senior leadership must understand that today's and tomorrow's mission will demand a powerful, permanent presence on a global telecommunications network that will host the 'protected' communications of Americans as well as targeted communications of adversaries."

A report written somewhat earlier, in June 1999, by Lieutenant General Jim Clapper of the NSA Scientific Advisory Board, argued for similar measures. While heavily redacted, the report, also made available by the National Security Archives, called for the development of "digital network intelligence," which it defined as "the intelligence from intercepted data communications transmitted between, or resident on, networked computers." Modern communications posed the problem of "manipulating huge volumes of heterogeneous complex data," it said.

Such large-scale data mining operations have now been implemented.

The Democratic Party is complicit in the implementation of these broad new spying powers. Leading members of the party were informed and repeatedly briefed on the NSA program, going back to at least October 2001.

A letter recently released by House Minority Leader Nancy Pelosi, written on October 11, 2001, when she was the ranking Democrat on the House Intelligence Committee, demonstrates that the Democrats knew of the attempts to expand the powers of the NSA, even prior to an explicit and secret presidential authorization to begin the program.

The letter was written in response to a briefing given by the head of the NSA, Michael Hayden, to the House and Senate intelligence committees. In her letter, Pelosi does not object to the new programs as such, but rather raises concerns about "whether, and to what extent, the National Security Agency has received specific presidential authorization for the operations you are conducting."

In spite of the fact that the Democrats were informed of the illegal program, no attempt was made to inform the American people and oppose this illegal and unconstitutional violation of democratic rights. Even with the public exposure of the secret NSA program, and Bush's brazen assertion of his intention to continue its authorization, no leading Democrats have broached the possibility of impeachment. They are well aware of their own responsibility, and they have no disagreement with the administration's fundamental aim: the suppression of political opposition to the militarist and imperialist policies of the US ruling elite. WSWS

Controversial lobbyist had close contact with Bush team

WASHINGTON (AP) - In President Bush's first 10 months, GOP fundraiser Jack Abramoff and his lobbying team logged nearly 200 contacts with the new administration as they pressed for friendly hires at federal agencies and sought to keep the Northern Mariana Islands exempt from the minimum wage and other laws, records show.

The meetings between Abramoff's lobbying team and the administration ranged from Attorney General John Ashcroft to policy advisers in Vice President Dick Cheney's office, according to his lobbying firm billing records.

Abramoff, a $100,000-plus fundraiser for Bush, is now under criminal investigation for some of his lobbying work. His firm boasted its lobbying team helped revise a section of the Republican Party's 2000 platform to make it favorable to its island client.

In addition, two of Abramoff's lobbying colleagues on the Marianas won political appointments inside federal agencies.

"Our standing with the new administration promises to be solid as several friends of the CNMI (islands) will soon be taking high-ranking positions in the Administration, including within the Interior Department," Abramoff wrote in a January 2001 letter in which he persuaded the island government to follow him as a client to his new lobbying firm, Greenberg Traurig.

The reception Abramoff's team received from the Bush administration was in stark contrast to the chilly relations of the Clinton years. Abramoff, then at the Preston Gates firm, scored few meetings with Clinton aides and the lobbyist and the islands vehemently opposed White House attempts to extend U.S. labor laws to the territory's clothing factories.

The records from Abramoff's firm, obtained by The Associated Press from the Marianas under an open records request, chronicle Abramoff's careful cultivation of relations with Bush's political team as far back as 1997. In that year, Abramoff charged the Marianas for getting then-Texas Gov. George W. Bush to write a letter expressing support for the Pacific territory's school choice proposal, his billing records show.

"I hope you will keep my office informed on the progress of this initiative," Bush wrote in a July 18, 1997, letter praising the islands' school plan and copying in an Abramoff deputy.

White House spokeswoman Erin Healy said Thursday that Bush didn't consider Abramoff a friend. "They may have met on occasion, but the president does not know him," she said.

As for the number of Abramoff lobbying team contacts with Bush officials documented in the billing records, Healy said: "We do not know how he defines 'contacts.'"

Andrew Blum, a spokesman for Abramoff, declined comment.

The Greenberg Traurig firm, where Abramoff worked between late 2000 and early 2004, is investigating Abramoff's work and cooperating with government investigations. "Greenberg Traurig accepted Jack Abramoff's resignation from the firm, effective March 2, 2004, after Mr. Abramoff disclosed to the firm personal transactions and related conduct which are unacceptable to the firm and antithetical to the way we do business," spokeswoman Jill Perry said.

Abramoff is now under federal investigation amid allegations he overcharged tribal clients by millions of dollars, and his ties to powerful lawmakers such as House Majority Leader Tom DeLay are under increasing scrutiny.

The documents show his team also had extensive access to Bush administration officials, meeting with Cheney policy advisers Ron Christie and Stephen Ruhlen, Ashcroft at the Justice Department, White House intergovernmental affairs chief Ruben Barrales, U.S. Trade Representative Robert Zoellick, Deputy Interior Secretary Steven Griles and others. Most of the contacts were handled by Abramoff's subordinates, who then reported back to him on the meetings. Abramoff met several times personally with top Interior officials, whose Office of Insular Affairs oversees the Mariana Islands and other U.S. territories.

In all, the records show at least 195 contacts between Abramoff's Marianas lobbying team and the Bush administration from February through November 2001. At least two people who worked on Abramoff's team at Preston Gates wound up with Bush administration jobs: Patrick Pizzella, named an assistant secretary of labor by Bush; and David Safavian, chosen by Bush to oversee federal procurement policy in the Office of Management and Budget.

"We have worked with WH Office of Presidential Personnel to ensure that CNMI-relevant positions at various agencies are not awarded to enemies of CNMI," Abramoff's team wrote the Marianas in an October 2001 report on its work for the year.

Abramoff's team didn't neglect party politics either: There were at least two meetings with Republican National Committee officials, including then-finance chief Jack Oliver, as well as attendance at GOP fundraisers.

In 2000, Abramoff and his team were connected enough to both political parties to boast of obtaining early drafts of the platforms each adopted at its presidential nominating convention.

"In the case of the Republican platform, the team reviewed and commented on sections dealing with insular territories to ensure appropriately positive treatment. This was successful," the Preston Gates firm wrote to Marianas. "In the case of the Democratic Party platform, the team assisted in drafting early versions of neutral language relating to the territories," the firm wrote. "However, heavy intervention by the White House eventually deleted positive references to the CNMI."

The access of Abramoff and his team to the administration came as the lobbyist was establishing himself as a GOP fundraiser.

Abramoff and his wife each gave $5,000 to Bush's 2000 recount fund and the maximum $1,000 to his 2000 campaign. By mid-2003, Abramoff had raised at least $100,000 for Bush's re-election campaign, becoming one of Bush's famed "pioneers." Money also flowed from the Marianas to Bush's re-election campaign: It took in at least $36,000 from island donors, much of it from members of the Tan family, whose clothing factories were a routine stop for lawmakers and their aides visiting the islands on Abramoff-organized trips.

Two Tan family companies gave $25,000 each to the National Republican Senatorial Committee for the 2002 elections. Greenberg Traurig, too, was a big GOP giver. Its donations included $20,000 to the Republican National Committee for the 2000 elections and $25,000 each to the GOP's House and Senate fundraising committees in 2000 and again in 2002.

The Marianas' lobbying paid off - it fended off proposals in 2001 to extend the U.S. minimum wage to island workers and gained at least $2 million more in federal aid from the administration.

Abramoff's team bragged to the cash-strapped Marianas government that the taxpayer money would cover its lobbying bill: "We believe that this additional funding - along with other funds we expect to secure by the end of the year - will make clear to even our biggest critics that we pay for ourselves," Abramoff teammate Kevin Ring wrote in October 2001, copying in Abramoff. - usa today

Laura Bush Sees Woman President in Future

By DEB RIECHMANN, Associated Press Writer 1 hour, 21 minutes ago WASHINGTON - Laura Bush predicted on Friday that the United States soon will have a female president - a Republican, and maybe even Secretary of State Condoleezza Rice. "I think it will happen for sure," Mrs. Bush said about a woman in the Oval Office.

She made the comment in a CNN interview broadcast on Friday, the day before she leaves for Liberia to attend the inauguration of the first female president in Africa. "I think it will happen probably in the next few terms of the presidency in the United States," Mrs. Bush said

Rice has said she has no desire to be president when President Bush's second term expires, but Mrs. Bush said: "I'd love to see her run. She's terrific."

Mrs. Bush leaves Saturday night for Africa where she will visit Ghana and Nigeria to promote education and AIDS treatment after leading the U.S. delegation attending the swearing-in of Liberia's President-elect Ellen Johnson-Sirleaf on Monday in Monrovia.

Rice is part of the delegation, as is one of the president's daughters, Barbara, who worked recently at a pediatric AIDS hospital in South Africa. "She's interested in the policy surrounding AIDS and what we can do in our country and in other countries around the world to really stop AIDS," Mrs. Bush said.

During the 13-minute interview in the Map Room of the White House, Mrs. Bush talked about how she and the president try to comfort the families of fallen U.S. troops by saying that their service in the armed forces is helping to establish a stable democracy in the Middle East.

In another gesture of consolation, Mrs. Bush said that on Thursday she called to offer encouragement to the wife of Supreme Court nominee Samuel Alito, Martha-Ann Bomgardner, who left her husband's testy Senate confirmation hearing in tears, eliciting sympathy from senators of both parties.

"I think it's very important for the Senate to have a very civil and respectful hearing for anyone that has been nominated for the Supreme Court or for the other jobs that require Senate confirmation," Mrs. Bush said. "But on the other hand, my family has been in politics for a long time and I think you do develop a thick skin. Does it ever not hurt? You know, not really." - news.yahoo.com

Flashback: Clinton: Hillary would be an 'excellent president' Separately, Biden says senator would be formidable candidate in 2008

The Associated Press Feb. 28, 2005

TOKYO - Former President Clinton said Sunday that his wife, Hillary, would be an excellent choice as the first female leader of the world's most powerful nation. In an interview with Japan's TV Asahi, Clinton said he did not know whether his wife, the senator of New York state, has any plans to one day run for the presidency.

"I don't know if she'll run or not," he told the network, but added, "She would make an excellent president, and I would always try to help her."

Separately on Sunday, Sen. Joseph Biden said Senator Clinton would be incredibly difficult to beat if she decides to run for president. Clinton has said she plans to run for re-election as New York senator in 2006. Speculation has periodically surfaced, however, that the 57-year-old former first lady may have her sights set for the presidency in 2008. Results from a U.S. poll released last week showed that six in 10 American voters believe the United States is ready for a female president.

'Very, very good president'

Fifty-three percent thought Hillary Clinton should try for the job, according to the survey by the Siena College Research Institute and sponsored by Hearst Newspapers.

"If she did run and she was able to win, she'd make a very, very good president," Clinton said Sunday. "I think now she's at least as good as I was."

Clinton was in Japan on a three-day visit to attend an international forum organized by the Asahi newspaper and to promote a Japanese-language edition of his best-selling memoir "My Life." Biden, speaking on NBC's "Meet the Press," said all the Democrats need to worry about Clinton."I think she'd be incredibly difficult to beat," the Delaware Democrat said. "I think she is the most difficult obstacle for anyone being the nominee." He added, "She is likely to be the nominee. She'd be the toughest person and I think Hillary Clinton is able to be elected president of the United States."

Biden said he is himself is thinking about running again, 20 years after his first failed bid for the White House because "there's a lot at stake." MSNBC

so that's Condi Vs Hilary, right?
er oooh fuck!

Bush to criminalize protesters under Patriot Act as "disruptors"

Wed Jan 11

Bush wants to create the new criminal of "disruptor" who can be jailed for the crime of "disruptive behavior." A "little-noticed provision" in the latest version of the Patriot Act will empower Secret Service to charge protesters with a new crime of "disrupting major events including political conventions and the Olympics." Secret Service would also be empowered to charge persons with "breaching security" and to charge for "entering a restricted area" which is "where the President or other person protected by the Secret Service is or will be temporarily visiting." In short, be sure to stay in those wired, fenced containments or free speech zones.

Who is the "disruptor"? Bush Team history tells us the disruptor is an American citizen with the audacity to attend Bush events wearing a T-shirt that criticizes Bush; or a member of civil rights, environmental, anti-war or counter-recruiting groups who protest Bush policies; or a person who invades Bush's bubble by criticizing his policies. A disruptor is also a person who interferes in someone else's activity, such as interrupting Bush when he is speaking at a press conference or during an interview.

What are the parameters of the crime of "disruptive behavior"? The dictionary defines "disruptive" as "characterized by unrest or disorder or insubordination." The American Medical Association defines disruptive behavior as a "style of interaction" with people that interferes with patient care, and can include behavior such as "foul language; rude, loud or offensive comments; and intimidation of patients and family members."

What are the rules of engagement for "disruptors"? Some Bush Team history of their treatment of disruptors provide some clues on how this administration will treat disruptors in the future.

(1) People perceived as disruptors may be preemptively ejected from events before engaging in any disruptive conduct.

In the beginning of this war against disruptors, Americans were ejected from taxpayer funded events where Bush was speaking. At first the events were campaign rallies during the election, and then the disruptor ejectment policy was expanded to include Bush's post election campaign-style events on public policy issues on his agenda, such as informing the public on medicare reform and the like. If people drove to the event in a car with a bumper sticker that criticized Bush's policies or wore T-shirts with similar criticism, they were disruptors who could be ejected from the taxpayer event even before they engaged in any disruptive behavior. White House press secretary McClellan defended such ejectments as a proper preemptive strike against persons who may disrupt an event: "If we think people are coming to the event to disrupt it, obviously, they're going to be asked to leave."

(2) Bush Team may check its vast array of databanks to cull out those persons who it deems having "disruptor" potential and then blacklist those persons from events.

The White House even has a list of persons it deems could be "disruptive" to an eventand then blacklists those persons from attending taxpayer funded events where Bush speaks. Sounds like Bush not only has the power to unilaterally designate people as "enemy combatants" in the global "war on terror," but to unilaterally designate Americans as "disruptive" in the domestic war against free speech.

(3) The use of surveillance, monitoring and legal actions against disruptors.

Bush's war against disruptors was then elevated to surveillance, monitoring, and legal actions against disruptor organizations. The FBI conducts political surveillance and obtains intelligence filed in its database on Bush administration critics , such as civil rights groups (e.g., ACLU), antiwar protest groups (e.g., United for Peace and Justice) and environmental groups (e.g., Greenpeace).

This surveillance of American citizens exercising their constitutional rights has been done under the pretext of counterterrorism activities surrounding protests of the Iraq war and the Republican National Convention. The FBI maintains it does not have the intent to monitor political activities and that its surveillance and intelligence gathering is "intended to prevent disruptive and criminal activity at demonstrations, not to quell free speech."

Surveillance of potential disruptors then graduated to legal actions as a preemptive strike against potential disruptive behavior at public events. In addition to monitoring and surveillance of legal groups and legal activities, the FBI issued subpoenas for members to appear before grand juries based on the FBI's "intent" to prevent "disruptive convention protests." The Justice Dept. opened a criminal investigation and subpoenaed records of Internet messages posted by Bush`s critics. And, the Justice Dept. even indicted Greenpeace for a protest that was so lame the federal judge threw out the case.

So now the Patriot Act, which was argued before enactment as a measure to fight foreign terrorists, is being amended to make clear that it also applies to American citizens who have the audacity to disrupt President Bush wherever his bubble may travel. If this provision is enacted into law, then Bush will have a law upon which to expand the type of people who constitute disruptors and the type of activities that constitute disruptive activities. And, then throw them all in jail. - dailykos

Boy in coma after police shooting

From correspondents in Tallahassee - January 15, 2006

A 15-year-old Florida student who was shot by police after aiming a weapon that turned out to be a pellet gun at a SWAT team remained on life support today and media reports said he was not expected to live.

Christopher Penley was being kept alive at a hospital so his organs could be harvested, the reports quoted family lawyer Mark Nation as saying. Nation and hospital officials could not be reached for comment.

Police said Penley, an eighth-grade student at Milwee Middle School in Longwood, Florida, near Orlando, was shot after he took another pupil hostage at the school, threatened to kill himself and aimed what appeared to be a handgun at police.

The gun wielded by Penley turned out to be a pellet gun made to look like a 9 mm pistol, police said. No one else was injured in the incident, officials said.

Police said Penley held another student hostage after that student spotted what looked like a gun in Penley's backpack. The hostage escaped and the student with the gun fled into a bathroom, where he held more than 40 law enforcement officers, including a SWAT team, at bay, according to police.

"The student displayed a black, semi-automatic handgun. SWAT members pleaded with the suspect to drop his weapon," the Seminole County sheriff's office said yesterday. When he aimed the weapon at a SWAT team member, "lethal force was used," the office said. - chicago tribune

Attorney Cops were told gun likely fake

CHICAGO TRIBUNE | January 15 2006

LONGWOOD, FLORIDA -- The parents of a 15-year-old boy accused of terrorizing classmates with a pistol warned authorities the weapon likely was fake before police shot him in a middle school bathroom, a family attorney said Saturday.

Christopher Penley of Winter Springs reportedly brandished the gun in a classroom and roamed the grounds before a SWAT team member shot him in a bathroom, authorities said.

Officers who went to the suburban Orlando school believed the gun was a Beretta 9mm and did not learn until after the shooting that it was a pellet gun.

The parents, Ralph and Donna Penley, were in contact with authorities during the incident and told them the weapon was likely fake, said family attorney Mark Nation. Ralph Penley went to the school to try to talk his son out of the situation. The boy was clinically brain dead Saturday and his organs were being harvested, Nation said. - the australian

This is a portion of a sticker from the Tucson Police Department that is similar to the one Lincoln is considering using for houses continually in trouble for noise, parties or other violations.

City considers 'red-tagging' problem houses

BY DEENA WINTER / Lincoln Journal Star

It's not a scarlet letter. But it is a bunch of letters on a red tag stuck to someone's house - if the occupants have gotten into trouble with the law for such things as parties, noise or litter.

City leaders are floating the idea of slapping so-called "red tags" on disorderly houses to serve notice to inhabitants, neighbors and landlords that they're in trouble with the law.

And they'd better not get into trouble again any time soon.

The idea was suggested by Ed Caudill, a 21-year North Bottoms resident and neighborhood activist who hopes to reduce the parties, litter and noise in his neighborhood, where the many small, old rental houses are popular with University of Nebraska-Lincoln students.

Caudill got the idea from Tucson, Ariz., where police have the authority to stick red tags on what are considered disorderly houses - or properties where five or more people are gathered or where there's excessive noise, traffic, obstruction of streets, littering, public drinking, fighting, disturbing the peace or minors drinking alcohol.

The warnings must stay posted for 180 days. If a tag is taken down, the tenants are fined. If there are any subsequent violations within the next 180 days, police can cite and fine everyone from property owners to tenants and party guests.

Lincoln City Councilwoman Patte Newman, who has been working to help local neighborhood associations deal with problem properties and party houses, is helping to examine the idea of red-tagging.

"That's an obvious reminder," she said of the bright red warning. "It's basically giving the police another tool in their armory to have."

Carol Brown said the Neighborhood Alliance, a group of neighborhood associations, plans to push for a red-tag ordinance.

But Newman said it's not clear whether an ordinance patterned after Tucson's would mesh with Nebraska state law. Another idea that has been toyed with is requiring landlords to get licensed. That way their licenses can be yanked if they aren't responsible.

Lincoln police Capt. Joy Citta explained the red-tagging concept to the mayor's neighborhood roundtable on Thursday afternoon; she previously had given a presentation to UNL's student government.

Citta said Lincoln already does many of the same things as Tucson, except for the red sign.

She said it takes "a gallon of gasoline and a razor blade" to get the red signs off once the police stick them on a house.

A half-dozen college students attended the meeting to question red-tagging. Sarah Morris asked why party-goers should be identified with a bright red sign, but thieves or murderers are not.

Larry Zink, who lives in University Place, asked the college students why they were "defending the jerks" - people who "obviously don't give a damn about their neighbors."

Others worried about the effect red tags would have on real estate - fearing they would be big red lights to good tenants or potential home buyers. The signs would label the house, block and neighborhood, they said.

"I would have no problem if the students were wearing the red tags," one woman said.

Residents of neighborhoods that have party problems were more supportive of the concept, expressing years of frustration with the continual turnover of college and other young adults who they said aren't good neighbors. People such as Vera Mae Lutz, who volunteered on a committee weekly for a year to try to eradicate these problems, don't think it helped much.

"How much longer can we talk?" she asked the students.

One resident said the police party patrol initially was effective but seems to have slackened recently. Whether the city goes forward with red-tagging won't make a whole lot of difference to Caudill, the man who initiated the discussion. He's grown so frustrated with the college neighborhood that he plans to move in the fall. He said he's already sold half the 10 condos he owns in the heart of North Bottoms. He said two encounters with police - who rebuked him for calling the police so frequently - were the last straw. - journalstar.com

Captain Wardrobes

Down with Murder inc.