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Bush leaving imprint on judiciary

Sunday 15th January, 2006 (UPI)

Democratic leaders are disheartened by the Bush administration's success with the U.S. Supreme Court nomination of Judge Samuel A. Alito Jr.

Several Democrats say President Bush appears on the verge of achieving a fundamental reshaping of the federal judiciary along more conservative lines, The New York Times reported.

In interviews with the newspaper, Democrats said Bush is putting a conservative ideological imprint on the nation's judiciary. Some see little hope of holding off the tide without winning back control of the Senate or the White House, the newspaper said.

While Democrats thought from the beginning that they had little hope of defeating the nomination, they were dismayed that a nominee with such clear conservative views appeared to be stirring little opposition.

Bush has now appointed one-quarter of the federal appeals court judges, and, assuming Alito is confirmed, will have put two self-described conservatives on a Supreme Court that has only two members appointed by a Democratic president, the newspaper said. - Big News Network.co

Rightwing Group Offers Students $100 to Spy on Professors

· Republican graduate's site prompts witch-hunt fears
· 31 academics listed as 'worthy of scrutiny'

by Dan Glaister

It is the sort of invitation any poverty-stricken student would find hard to resist. "Do you have a professor who just can't stop talking about President Bush, about the war in Iraq, about the Republican party, or any other ideological issue that has nothing to do with the class subject matter? If you help ... expose the professor, we'll pay you for your work."

For full notes, a tape recording and a copy of all teaching materials, students at the University of California Los Angeles are being offered $100 (£57) - the tape recorder is provided free of charge - by an alumni group.

Lecture notes without a tape recording net $50, and even non-attendance at the class while providing copies of the teaching materials is worth $10.

But the initiative has prompted concerns that the group, the brainchild of a former leader of the college's Republicans, is a witch-hunt. Several targeted professors have complained, figures associated with the group have distanced themselves from the project and the college is studying whether the sale of notes infringes copyright and contravenes regulations.

The Bruin Alumni Association's single registered member is Andrew Jones, a 24-year-old former student who gained some notoriety while at the university for staging an "affirmative action bake sale" at which ethnic minority students were offered discounts on pastries.

His latest project has academics worrying about moves by rightwing groups to counter what they perceive to be a leftist bias at many colleges.

The group's website, uclaprofs.com, lists 31 professors whose classes it considers worthy of scrutiny. The professors teach classes in history, African-American studies, politics, and Chicano studies. Their supposed radicalism is indicated on the site by a rating system of black fists. The organisation denies on the website that it is conducting a vendetta against those with differing political views. "We are concerned solely with indoctrination, one-sided presentation of ideological controversies and unprofessional classroom behavior, no matter where it falls on the ideological spectrum."

But in another posting, it is clear just where on the spectrum the group thinks the bias might fall. "One aspect of this radicalisation, outlined here, is an unholy alliance between anti-war professors, radical Muslim students and a pliant administration. Working together, they have made UCLA a major organizing center for opposition to the war on terror." - via commondreams

Unfathomed Dangers in Patriot Act Reauthorization

Patriot Police

By PAUL CRAIG ROBERTS

A provision in the "Patriot Act" creates a new federal police force with power to violate the Bill of Rights. You might think that this cannot be true as you have not read about it in newspapers or heard it discussed by talking heads on TV.

Go to House Report 109-333 -USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005 and check it out for yourself. Sec. 605 reads:

"There is hereby created and established a permanent police force, to be known as the 'United States Secret Service Uniformed Division'."

This new federal police force is "subject to the supervision of the Secretary of Homeland Security."

The new police are empowered to

"make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony."

The new police are assigned a variety of jurisdictions, including "an event designated under section 3056(e) of title 18 as a special event of national significance" (SENS).

"A special event of national significance" is neither defined nor does it require the presence of a "protected person" such as the president in order to trigger it. Thus, the administration, and perhaps the police themselves, can place the SENS designation on any event. Once a SENS designation is placed on an event, the new federal police are empowered to keep out and to arrest people at their discretion.

The language conveys enormous discretionary and arbitrary powers. What is "an offense against the United States"? What are "reasonable grounds"?

You can bet that the Alito/Roberts court will rule that it is whatever the executive branch says.

The obvious purpose of the act is to prevent demonstrations at Bush/Cheney events. However, nothing in the language limits the police powers from being used only in this way. Like every law in the US, this law also will be expansively interpreted and abused. It has dire implications for freedom of association and First Amendment rights.

We can take for granted that the new federal police will be used to suppress dissent and to break up opposition. The Brownshirts are now arming themselves with a Gestapo.

Many naive Americans will write to me to explain that this new provision in the reauthorization of the "Patriot Act" is necessary to protect the president and other high officials from terrorists or from harm at the hands of angry demonstrators: "No one else will have anything to fear." Some will accuse me of being an alarmist, and others will say that it is unpatriotic to doubt the law's good intentions.

Americans will write such nonsense despite the fact that the president and foreign dignitaries are already provided superb protection by the Secret Service. The naive will not comprehend that the president cannot be endangered by demonstrators at SENS at which the president is not present. For many Americans, the light refuses to turn on.

In Nazi Germany did no one but Jews have anything to fear from the Gestapo?

By Stalin's time Lenin and Trotsky had eliminated all members of the "oppressor class," but that did not stop Stalin from sending millions of "enemies of the people" to the Gulag.

It is extremely difficult to hold even local police forces accountable. Who is going to hold accountable a federal police protected by Homeland Security and the president? - counterpunch.org

Democracy?
A War president can authorise to forbid White House
officials to testify before Congress

Bush claims authority on war, eavesdropping

By Joseph Curl - THE WASHINGTON TIMES -January 27, 2006

President Bush yesterday said he has exclusive authority over a broad range of issues -- including forbidding White House officials to testify before Congress about the government's Hurricane Katrina response and ordering warrantless electronic surveillance within the United States.

"Conducting war is a responsibility in the executive branch, not the legislative branch," the president said at a 46-minute press conference. "Most presidents believe that during a time of war that we can use our authorities under the Constitution to make decisions necessary to protect us."

Democrats have accused the president of breaking the law by ordering the National Security Agency in 2002 to eavesdrop on international communications between suspected terrorists and people in the United States. Senate hearings on the once-secret program are scheduled for Feb. 6.

Mr. Bush acknowledged that "there will be a legal debate about whether or not I have the authority to do this," but added, "I'm absolutely convinced I do. And I'm going to continue using my authority."

In response to a question from The Washington Times, Mr. Bush said: "We're going to do what is necessary, within the Constitution and within the law, and at the same time guaranteeing people's civil liberties, to protect the people."

Asked whether he would support efforts in Congress to spell out his authority to continue the eavesdropping program, Mr. Bush cited what he said was the extreme secrecy of the operation, first revealed by the New York Times last month.

"It's important for people to understand that this program is so sensitive and so important that if information gets out to how we run it or how we operate it, it'll help the enemy," he said.

Asked why his administration has refused to allow senior staff, including his former FEMA director, Michael Brown, "to testify, to interview or talk with congressional leaders" about the federal government's response to Hurricane Katrina, Mr. Bush cited his executive authority.

"If people give me advice and they're forced to disclose that advice, it means the next time an issue comes up I might not be able to get unvarnished advice from my advisers," he said. "It will have a chilling effect on future advisers if the precedent is such that when they give me advice that it's going to be subject to scrutiny."

The president opened with a preview of his State of the Union address, which he will deliver Tuesday to a joint session of Congress. He said he believes Democrats and Republicans can accomplish something together even though this is a congressional election year. Responding to a question later, he said he was eager to get out and help Republicans win in November.

"I've got one more off-year campaign in me as a sitting president, and I'm looking forward to it," he said. - washington times

Alito sworn in as Supreme Court justice

58-42 vote was most partisan for top court nominee in recent history

The Associated Press Updated: Jan. 31, 2006 - WASHINGTON - Samuel Anthony Alito Jr. was sworn in Tuesday as the 110th justice of the U.S. Supreme Court after winning confirmation in a fierce partisan battle over the future direction of the high court.

Earlier, the Senate voted 58-42 to confirm Alito — a former federal appellate judge, U.S. attorney and conservative lawyer for the Reagan administration — as the replacement for retiring Justice Sandra Day O'Connor, who has been a moderate swing vote on the court. All but one of the Senate's majority Republicans voted for his confirmation, while all but four of the Democrats voted against Alito. That is the smallest number of senators in the party opposing a president to support a Supreme Court justice in modern history. Chief Justice John Roberts got 22 Democratic votes last year, and Justice Clarence Thomas — who was confirmed in 1991 on a 52-48 vote — got 11 Democratic votes.

"United States senators refused to stand silent while President Bush packed the Supreme Court with far-right ideologues," Sen. John Kerry, D-Mass., said in a statement after the confirmation. "Those who believe in privacy rights, who fight for the rights of the most disadvantaged, who believe in the balance of power between the president and Congress took a stand in support of our country and our Constitution."

Kerry. along with Sen. Edward Kennedy, D-Mass., had attempted last week to drum up support for a filibuster against Alito. President Bush and Alito watched the vote together in the Roosevelt Room of the White House. Bush shook Alito's hand, and aides erupted in a long round of applause when final approval came.

Alito was sworn in by Roberts, Bush's first Supreme Court nominee, who administered the constitutional and judicial oaths in a private ceremony at the court, a spokeswoman said. Alito and his wife, Martha-Ann Bomgardner, along with other members of the court and their spouses, attended the ceremony in the justices' conference room. The 55-year-old New Jersey jurist took both the constitutional and judicial oaths so he can immediately participate in court decisions. The vote and ceremony were conducted in time for him to appear with Bush at the State of the Union speech Tuesday evening.

White House event Wednesday

Alito was also expected to be ceremonially sworn in a second time at a White House East Room appearance on Wednesday.

With the confirmation vote, O'Connor's resignation became official. She resigned in July but agreed to remain until her successor was confirmed. She was in Arizona Tuesday teaching a class at the University of Arizona law school.

Underscoring the rarity of a Supreme Court justice confirmation, senators answered the roll by standing one by one at their desks as their names were called, instead of voting and leaving the chamber. Alito and Roberts are the first two new members of the Supreme Court since 1994. Alito is a longtime federal appeals judge, having been confirmed by the Senate by unanimous consent on the 3rd U.S. Circuit Court of Appeals in Philadelphia on April 27, 1990. Before that, he worked as New Jersey's U.S. attorney and as a lawyer in the Justice Department for the conservative Reagan administration. It was his Reagan-era work that caused the most controversy during his three-month candidacy for the high court. Alito replaces O'Connor, the court's first female justice and a key moderate swing vote on issues such as assisted suicide, campaign finance law, the death penalty, affirmative action and abortion.

Abortion battle

Critics who mounted a fierce campaign against his nomination noted that while he worked in the solicitor general's office for President Reagan, he suggested that the Justice Department should try to chip away at abortion rights rather than mount an all-out assault. He also wrote in a 1985 job application for another Reagan administration post that he was proud of his work helping the government argue that "the Constitution does not protect a right to an abortion."

Now, Alito says, he has great respect for Roe as a precedent but refused to commit to upholding it in the future. "I would approach the question with an open mind and I would listen to the arguments that were made," he told senators at his confirmation hearing earlier this month.

Democrats weren't convinced, with liberals even unsuccessfully trying to rally support to filibuster Alito on Monday. "The 1985 document amounted to Judge Alito's pledge of allegiance to a conservative radical Republican ideology," Senate Democratic leader Harry Reid of Nevada said before the vote.

Grilled on abortion

They also repeatedly questioned Alito at his five-day confirmation hearing after he would not discuss his opinions about abortion or other contentious topics. At one point, his wife, Martha-Ann, started crying and left the hearing room as her husband's supporters defended him from the Democratic questioning.

"To Judge Alito, I say you deserve a seat on the Supreme Court," said Senate Majority Leader Bill Frist, R-Tenn.

The GOP's 55-vote majority was enough to ensure confirmation, and it was supported by groups like Progress for America, which said it would spend as much as $18 million on confirmation battles. The 44 Democrats were not able to keep their party unified enough to filibuster Alito despite calls from groups like People for the American Way, the Leadership Conference for Civil Rights and the Alliance for Justice.

Groups both for and against Alito spent slightly over $2.5 million on advertising between his nomination on October 31 and January 22. That's nearly double the amount spent on Roberts' nomination, said the Brennan Center for Justice at New York University School of Law and the Justice at Stake Campaign.

Background to the confirmation

Alito's path to the Supreme Court is infused with New Jersey connections. Born in Trenton as the son of an Italian immigrant, he attended Princeton University. He headed to Connecticut to receive his law degree, graduating from Yale University in 1975. His late father, Samuel Alito Sr., was the director of New Jersey's Office of Legislative Services from 1952 to 1984. Alito's sister, Rosemary, is a top employment lawyer in New Jersey.

Alito was not the White House's first choice — or even second choice — for the Supreme Court. Bush picked Roberts when O'Connor first announced she was stepping down last year. After Roberts was promoted to the top spot after Chief Justice William Rehnquist died, the White House again passed over Alito for the vacant seat, instead selecting White House counsel Harriet Miers. Miers' withdrawal following a barrage of conservative criticism in late October finally brought Alito's name to the forefront, although he then had to contend with constant references as "Scalito" or "Scalia-lite," references to his judicial similarity to Justice Antonin Scalia.

"I'm my own person. And I'm not like any other justice on the Supreme Court now or anybody else who served on the Supreme Court in the past," Alito said at his confirmation hearing. - MSNBC

Flashback: Orrin Hatch Slams Alito Mafia Smear

NewsMax.com Wires Tuesday, Nov. 1, 2005

A talking-points memorandum being circulated by Democrats to friendly media outlets attacks Judge Samuel Alito on the basis of his Italian heritage. Utah Republican Sen. Orrin Hatch stormed Monday night that the memo was "despicable" and a sign that desperate Democrats are "hysterical" over the Alito nomination. Hatch made the comments on MSNBC's "Hardball" with Chris Matthews. Matthews alleged that Democrats are passing around a memorandum that he called a "complaint sheet" about Alito.

The cable talk show host said the lead item in the memo claims that as a federal prosecutor, Alito failed to convict members of the Lucchese crime family in a 1988 case. The implication is that because Alito is Italian-American he went easy on the prosecution, or worse.

An obviously angry Matthews said, "I'm sitting here holding in my hands a pretty disgusting document. This is put out not for attribution, but it comes from the Democrats. They're circulating it; I can say that. The first thing they nail about this Italian-American is he failed to win a mob conviction in a trial ... way back in '88. In other words, they nail him on not putting some Italian mobsters in jail from the family. Why would they bring up this ethnically charged issue as the first item they raise against Judge Alito?

"This is either a very bad coincidence or very bad politics," he added, and warned Democrats that their sneak attack will backfire. "Either way it's going to hurt them. ... Not abortion rights, not civil rights but that he failed to nail some mobsters in 1988 -- this is the top of their list of what they've got against this guy. Amazingly bad politics."

The memo failed to note that Alito won a major prosecution against the Genovese crime family. Matthews isn't the only one complaining of anti-Italian smears against Alito. A. Kenneth Ciongoli, Chairman of the National Italian American Foundation (NIAF) on Monday demanded an apology for the media's frequent references to the judge's Italian heritage and the use of the term "Scalito" to describe him as a clone of Justice Antonin Scalia.

In a statement, NIAF said "The NIAF is distressed by the attempts of some senators and the media (CNN, CBS) to marginalize Judge Samuel Alito's outstanding record, by frequent reference to his Italian heritage and by the use of the nickname, 'Scalito.' "Appropriately, no one mentioned that Justice (Stephen) Breyer was Jewish or suggested that he was lock-step ideologically with the other Jewish Supreme Court Justice, Ruth Bader Ginsburg. It would have been outrageous to do so. "We are justly proud of Judge Alito's Italian heritage and his sterling academic and judicial records as well as his impeccable integrity. However, he should be considered as an individual. In honor of the memory of the just departed Rosa Parks the Senate champions of civil rights should insist that Judge Alito be considered only on his extraordinary merits." - newsmax

doth Orrin Hatch protest a little too much? methinks he doth!!!

SAMUEL ALITO: the memorandum circulated by Democrats

Judge "Scalito" Has Long History of States Rights,

Anti-Civil Rights, And Anti-Immigrant Rulings

Samuel Alito is a judge on U.S. Third Circuit Court of Appeals. Appointed to this position by President George H.W. Bush in 1990, Alito is often referred to as "Judge Scalito" because of his adherence to Supreme Court Justice Antonin Scalia's right-wing judicial philosophy. While serving as a U.S. Attorney, Alito failed to obtain a key conviction, releasing nearly two dozen mobsters back into society. Based on his Third Circuit opinions, Alito has established himself as a potential foe to immigrants, reproductive rights, and civil liberties.

SAMUEL A. ALITO, Jr.: A Brief Biography

Born: 1950 in Trenton, NJ. [Federal Judicial Center]

Current Position: U. S. Court of Appeals for the Third Circuit: Nominated by George H.W. Bush on February 20, 1990, to a seat vacated by John Joseph Gibbons; Confirmed by the Senate on April 27, 1990, and received commission on April 30, 1990.

Previous Positions: U.S. Attorney for the District of New Jersey, 1987-1990; Deputy Assistant U.S. Attorney General, Washington, DC, 1985-1987; Assistant to the U.S. Solicitor General, Department of Justice, Washington, DC, 1981-1985; Assistant U.S. Attorney, District of New Jersey, 1977-1981; Law clerk, Hon. Leonard I. Garth, Third Circuit Court of Appeals, 1976-1977. [Federal Judicial Center]

Education: Yale Law School, J.D., 1975; Princeton University, A.B., 1972. [Federal Judicial Center]

Net Worth: $308,400 as of 1991. [Connecticut Law Tribune, 2/4/91]

Family: Married, Martha B. Alito.

Alito Is One of Bush's Most Likely Nominees

Samuel "Scalito" Alito Is on Bush's Short-List for Supreme Court, And Has Strong Ties to the Bush Administration. "Another leading ultra-conservative candidate is Judge Samuel Alito of the Third Circuit, known by some as "Scalito" for his similarity to Scalia in temperament and ideology. A former federal prosecutor and U.S. attorney, Alito, 54, has strong ties to the administration, including to a number of former clerks who have worked for Bush." According to the Wall Street Journal, "Another rumored short-lister, Judge Samuel Alito of the Third Circuit in Philadelphia, is considered a quiet and retiring member of one of the less-influential federal appeals courts. Still, his opinions have attracted notice, including a 1991 vote to uphold all restrictions to abortion in a Pennsylvania law, including a requirement that a woman inform her husband that she is seeking an abortion." [American Prospect, 1/12/05; Wall Street Journal, 6/23/05]

Alito Embarrassed Government by Failing to Obtain Crucial Mafia Conviction

U.S. Attorney Alito Failed to Obtain Conviction of 20 Mobsters, Saying "You Can't Win Them All." Federal law enforcement agencies sustained a major rebuff in their anti-mafia campaign with the August 1988 acquittal of all 20 defendants accused of making up the entire membership of the Lucchese family in the New Jersey suburbs of New York. The verdict ended what was believed to be the nation's longest federal criminal trial and according to the Chicago Tribune, dealt the government a "stunning defeat." Samuel Alito, the US Attorney on the case, said, "Obviously we are disappointed but you realize you can't win them all." Alito also said he had no regrets about the prosecution but in the future would try to keep cases "as short and simple as possible." Alito continued, "I certainly don't feel embarrassed and I don't think we should feel embarrassed." [Guardian, 8/29/88; Chicago Tribune, 8/27/88; UPI, 8/26/88]

Alito Held that "States Rights" Trumps Family and Medical Leave Act and Gun Safety Laws

Alito Wrote Opinion Holding that Certain Provisions of the Family and Medical Leave Act Was Overridden by State Law. Alito has sought to go even further than the current Supreme Court majority in several cases in restricting Congress' authority to protect Americans in the name of federalism and "states' rights." In Chittester v. Department of Community and Economic Development, he wrote an opinion holding that the 11th Amendment precluded state employees from suing for damages to enforce their rights under the Family and Medical Leave Act, a decision that was effectively reversed at least as to family leave by a 6-3 Supreme Court majority in Nevada Department of Human Resources v. Hibbs in 2003. [Chittester v. Department of Community and Economic Development, 226 F.3d 223 (3d Cir. 2000)]

Alito Dissented from Decision Upholding Conviction Under Federal Gun Laws; Argued that Congress Had No Right to Enact the Law. Alito also dissented from a decision upholding a conviction under the federal law prohibiting the transfer or possession of machine guns, claiming that there was not sufficient evidence in the record to show that Congress had the power under the Commerce Clause to enact the law. [See United States v. Rybar, 103 F.3d 273 (3d Cir. 1996), cert. denied, 522 U.S. 807 (1997)]

Alito Has Record of Hostility to Immigrants

Alito Authored Opinion Allowing Peremptory Challenges for Bilingual Jurors. According to the New Jersey Law Journal, "Excluding all Spanish speakers from a jury does not constitute bias if Spanish testimony at the trial will be translated into English, the Third U.S. Circuit Court of Appeals has ruled. The court's pro-prosecution ruling, in Pemberthy v. Beyer" reversed the district court's ruling that Latinos were systematically excluded from the state jury in the defendant's drug-distribution conspiracy trial—which would violate strictures against peremptory challenges based on race or ethnicity. "The prosecution argued that the challenges were not against Hispanics but against five Spanish speakers… The three-judge appeals panel agreed with the prosecutor. In the March 16 opinion, Judge Samuel Alito wrote that the equal protection clause does not prohibit a trial attorney from making such peremptory challenges." [New Jersey Law Journal, 4/4/94; Pemberthy v. Beyer, 19 F.3d 857 (1994)]

Alito Ignored Immigrant's Claim that He Was Persecuted in Home Nation. Alito has dissented in a number of other immigrant rights cases, leading to significant criticism by his judicial colleagues. For example, in Dia v. Ashcroft, Alito dissented from a ruling that an immigration judge should reconsider an immigrant's claim that he would be persecuted if returned to his home country; the majority specifically noted that Alito's dissent would effectively eliminate the requirement of substantial evidence in such cases in a way that "guts the statutory standard" and "ignores our precedent." [Dia v. Ashcroft, 353 F.3d 228 (3d Cir. 2003)]

Alito Supported Harsh Penalties Against Immigrants. In Ki Se Lee v. Ashcroft, Alito argued in dissent that an immigrant's filing of a false tax return should be considered an aggravated felony requiring removal, which the majority explained was simply "speculation" and contradicted "well-recognized rules of statutory construction." [Ki Se Lee v. Ashcroft, 368 F.3d 218 (3d Cir.2004)]

Alito Has Repeatedly Voted Against Civil Rights and Liberties

Alito Tried to Imposed Impossible burden on Victims of Employment Discrimination Based on Race. Alito has dissented in several cases where the Third Circuit found in favor of people claiming they had been discriminated against on the basis of race in employment. In one case, the majority explained that Alito would have imposed an almost impossible burden on victims of employment discrimination by "immuniz[ing] an employer from the reach of Title VII if the employer's belief that it had selected the ‘best' candidate was the result of conscious racial bias." [Bray v. Marriott Hotels, 110 F.3d 986, 993 (3d Cir. 1997). See also Glass v. Philadelphia Electric Co., 34 F.3d 188 (3d Cir. 1994)]

Alito's Dissents Show that He Would Make it More Difficult for Victims of Gender and Disability Discrimination to Prove Their Case. In Nathanson v.Medical College of Pennsylvania, the majority explained that under Alito's restrictive standard for proving discrimination based on disability under the Rehabilitation Act of 1973, "few if any Rehabilitation Act cases would survive summary judgment." [Nathanson v.Medical College of Pennsylvania, 926 F.2d 1368, 1387 (3d Cir. 1991); See also Sheridan v. E.I. DuPont de Nemours and Co., 100 F.3d 1061 (3d Cir. 1996), cert. denied, 521 U.S. 1129 (1997) (decision concerning standard of proof in gender discrimination case)]

Several First Amendment Opinions Show that Alito Values Neither the First Amendment Nor Court Precedents Protecting First Amendment Protections. In Rappa v. New Castle County, Alito concurred in a decision concerning a First Amendment challenge to the placement of election signs by political candidates that essentially disregarded a Supreme Court decision on the issue. As the dissent explained, "nothing in the jurisprudence of the Supreme Court, or in ours, suggests that a three-judge panel of a court of appeals is free to substitute its own judgment for that of a four-Justice plurality opinion, let alone that of the entire Court." An Alito opinion upholding a city-sponsored holiday display as constitutional was similarly criticized by the dissent as failing to give sufficient weight to an earlier court of appeals decision in the same case that had ruled that a similar display "was unconstitutional because it had the effect of communicating an endorsement of particular religions." [Rappa v. New Castle County, 18 F.3d 1042 (3d Cir. 1994); ACLU-NJ v. Schundler, 168 F.3d 92, 109 (3d Cir. 1999) (Nygaard, J., dissenting)]

Alito Supported Police Officer's Clear Violation of Constitutional Rights. And in Doe v. Groody, he dissented from a ruling that police officers had violated clearly established constitutional rights when they strip searched a mother and her ten-year-old daughter while carrying out a search warrant that authorized only the search of a man and his home. [Doe v. Groody, 361 F.3d 232 (3d Cir. 2004)]

Alito Has Record of Hostility to Reproductive Rights

Alito Would Require Women to Notify Husbands Before Exercising Her Reproductive Rights. Alito wrote a troubling opinion concerning reproductive rights in Planned Parenthood of Southeastern Pennsylvania v. Casey. The Third Circuit in Casey upheld a number of the provisions in the restrictive abortion law enacted by Pennsylvania in the late 1980's, in an opinion that questioned Roe v. Wade. But the Third Circuit struck down the law's requirement that women notify their spouses before having an abortion. Alito dissented because he would have gone even further than the rest of the court and would have upheld the spousal notification requirement. He claimed that there was no showing that there would be an undue burden on women from this mandate. [Planned Parenthood of Southeastern Pennsylvania v. Casey, 947 F.3d 682 (3d Cir. 1991) , aff'd in part, rev'd in part 505 U.S. 833 (1992); Washington Times, 10/29/91]

Rehnquist, Scalia, and Thomas Agreed with Scalito, and Would Have Overturned Roe v. Wade. The Supreme Court in Casey refused to accept Alito's view, except for the dissenters (Rehnquist, Scalia, and Thomas) who voted to overturn Roe. [Planned Parenthood of Southeastern Pennsylvania v. Casey, 947 F.3d 682 (3d Cir. 1991) , aff'd in part, rev'd in part 505 U.S. 833 (1992)]

Alito Has Been Forced by Supreme Court Precedent to Maintain Abortion Rights—But Refuses to Endorse Court's Reasoning. Alito concurred but refused to join the majority opinion in Planned Parenthood of Central New Jersey v. Farmer, which struck down New Jersey's so-called "partial birth" abortion law. Alito emphasized that the case was squarely controlled by the Supreme Court's decision in Stenberg v. Carhart, but he carefully avoided endorsing its legal reasoning. [Planned Parenthood of Central New Jersey v. Farmer, 220 F.3d 127 (3rd Cir. 2000)]

Alito Ruled Against Investors

Alito Ruled That Investors That Bought Junk Bonds In Donald Trump's Defunct Casino Were Not Eligible For Compensation. The 3rd Circuit Court dismissed ten consolidated lawsuits filed by investors who bought $675 million in junk bonds from Donald Trump's Taj Mahal Casino. The investors felt that they were misled by about the amount of debt the Casino had accumulated and the risk inherent in the investment. [Pennsylvania Law Journal, 10/25/93] - townhall.com

flashback: Christian Right Mobilizes For Judge

Conservative Tilt Sought on Bench

By Thomas B. Edsall - Washington Post Staff Writer - Monday, January 9, 2006; A10

PHILADELPHIA, Jan. 8 -- Republicans and leaders of the religious right gathered in a black church here Sunday night to build support for Supreme Court nominee Samuel A. Alito Jr. as part of their effort to block gay marriage, end abortion and restore religious expression in the public square. Sen. Rick Santorum (R-Pa.) said the elevation of Alito to the top court is crucial because "extremely liberal justices [are] destroying traditional morality." The battle, he said, is against Democrats on the Senate Judiciary Committee who are determined to "continue the far left judicial activism on the Supreme Court."

Conservative religious leaders have sought to capitalize on their successes in the elections of 2002 and 2004 by winning a fight over a Supreme Court nominee and defeating their Democratic and liberal adversaries.

"We were able to hold off Michael Moore and the folks in Hollywood, and most of the national media, and George Soros and the Kennedy crowd that fought so fiercely against the election of George Bush," former Moral Majority chairman Jerry Falwell told about 600 people gathered in the Greater Exodus Baptist Church here.

By far the most rousing speech -- more sermon than speech -- was given by Greater Baptist's pastor, the Rev. Herbert H. Lusk II. Citing the harsh criticism he has faced from liberals and other black leaders, Lusk said: "I've been called a sellout. I've been called an Uncle Tom, and the New York Times called me a maverick in the black church." Lusk said he welcomed being called a maverick if it means supporting "the original intent of God Almighty" in opposition to abortion and the "redefinition of marriage. . . . Brothers and sisters, we will not go down without a fight."

Lusk warned adversaries: "My friends, don't fool with the church because the church has buried a million critics. And those the church has not buried, the church has made funeral arrangement for."

Lusk, a Bush supporter whose organization has received more than $1 million in federal grants under the administration's Faith Based Initiative, said, "From all I believe, this is the right thing to do," referring to his central role in "Justice Sunday III." "I believe this is what Jesus would have me do."

The Alito nomination, which is opposed by a wide range of organizations on the left, is shaping up as a major test of both sides in the nation's culture wars, with conservatives holding the initial advantage because polls have shown that a majority of voters support the nomination. Republicans and Democrats agree that if Alito succeeds Justice Sandra Day O'Connor, the court is likely to shift to the right, especially on abortion issues and in disputes over the separation of church and state.

The Justice Sunday III speeches by Lusk, Falwell, Focus on the Family's James Dobson and the Family Research Council's Tony Perkins were televised on several Christian networks and directly into churches across the country. The gathering at Greater Exodus was about 60 percent black and 40 percent white.

"The threat to our religious liberties has not diminished," Perkins declared. He cited rulings against the Pledge of Allegiance, restrictions on the display in public places of the Ten Commandments and a recent decision barring the Indiana House from beginning sessions with prayers that refer to Jesus Christ. "These are not theoretical threats. They present a clear and present danger to religious freedom in our country," Perkins said. "We are not interested in creating a theocracy in America, we have no interest in a church state. What we want is a church that is free to speak the truth."

Don Feder of Jews Against Anti-Christian Defamation said, "If Christianity fails in America, if the left has its way, America as we know it will cease to exist."

The major demand of religious conservatives after the 2004 election, when their votes were crucial to the reelection of President Bush, has been the appointment of social conservatives to the Supreme Court.

"The Family Research Council has not taken an official position," Perkins said, but "we are very, very comfortable with the nomination of Samuel Alito." - washingtonpost.com/

57% Americans support military action in Iran

By Greg Miller, Times Staff Writer Published: January 27 2006 - WASHINGTON - Despite persistent disillusionment with the war in Iraq, a majority of Americans supports taking military action against Iran if that country continues to produce material that can be used to develop nuclear weapons, a Los Angeles Times/Bloomberg poll has found. The poll, conducted Sunday through Wednesday, found that 57% of Americans favor military intervention if Iran's Islamic government pursues a program that could enable it to build nuclear arms.

Support for military action against Tehran has increased over the last year, the poll found, even though public sentiment is running against the war in neighboring Iraq: 53% said they believe the situation there was not worth going to war.

The poll results suggest that the difficulties the United States has encountered in Iraq have not turned the public against the possibility of military actions elsewhere in the Middle East.Bush ratings sink in latest poll

Support for a potential military confrontation with Iran was strongest among Republican respondents, among whom 76% endorsed the idea. But even among Democrats, who overwhelmingly oppose the war in Iraq, 49% supported such action.

In follow-up interviews, some respondents said they believed Iran posed a more serious threat than Saddam Hussein's Iraq did.

"I really don't think Saddam had anything to do with terrorism, but Iran, I believe, does," said Edward Wtulich, of Goshen, N.Y. He was among the 1,555 adults who participated in this week's survey, which has a margin of sampling error of plus or minus 3 percentage points. "Iran has been a problem, I think, for years," Wtulich said, "and we've known about it."

Wtulich, a registered Democrat and retired manager for the New York City Housing Authority, said he supported taking a hard line with Iran despite the strain of the Iraq war on the U.S. military. "It makes me scared," he said, "but we may not have a choice."

Experts said the public's views on Iran appeared to have hardened in part because of the more aggressive anti-Western posture of Iran President Mahmoud Ahmadinejad. Elected last year, he has riled the international community with remarks denying the Holocaust and with declarations that Iran will defy European and U.S. pressure and continue to pursue efforts to enrich uranium.

His comments have fostered an impression of him as "very reckless, a real rogue, as opposed to simply a populist," said political science professor John Mueller of Ohio State University, who is an authority on wartime public opinion.

Mueller said that Americans' rising support for confronting Iran was "impressive," especially considering their misgivings about the war in Iraq, and that their support suggested "concerns about the new president." But he added that poll respondents are often more inclined to voice support for military intervention when the question is framed broadly and the potential for casualties is unclear.

"You always get higher support for things like ‘military action,' because that could just mean bombing, as opposed to sending troops or going to war," Mueller said.

Poll respondents expressed a strong preference for the United States working with allies to fight international law violations or global aggression.

Iran has insisted its nuclear program is solely for energy production. But the United States and other Western governments suspect Iran's program is aimed at developing weapons. European nations that have negotiated with Iran over its program want the matter referred to the United Nations Security Council. Iran has indicated it might be open to a compromise in which Russia would provide enriched uranium to Iran, for use exclusively in energy reactors.

The American public's position on Iran appears to have hardened over the last year, a period marked by an increasing international focus on Iran's nuclear program. When a similar question was asked in a Times poll last January, 50% favored military action against Iran.

Regarding Iraq, the latest poll shows that although most Americans remain disenchanted with the war, opinions have stabilized, at least for now. The percentage saying they believe the situation in Iraq was not worth going to war over dipped slightly, to 53%, compared with 56% in a survey a year earlier.

When asked who was winning the war in Iraq, 33% said the United States, 7% said the insurgents, and 55% said neither side was winning.

Americans remain divided over how long U.S. forces should stay in Iraq: 40% believe the United States should remain in Iraq for "as long as it takes," 36% want U.S. troops withdrawn within a year, and 14% support immediate withdrawal.

Respondents were also divided, largely along party lines, over whether the Iraq war is really part of Washington's war on terrorism; 51% say it is, 46% say it is not. President Bush has repeatedly cast Iraq as the central front in the war on terrorism. But many of his administration's prewar claims about Iraq's ties to Al Qaeda have turned out to have been overstated or based on unreliable intelligence sources.

The poll also found that 32% of Americans believed that terrorism around the world had increased because of the Iraq situation, 17% believed it had decreased, and 47% believed the problem was about the same. - ft.com/LA Times

White House replies with political attacks

The White House may be under attack for its warrantless terrorist surveillance program, but it hasn't adopted a bunker mentality. Quite the contrary. The Bush team is throwing bombs.

Political strategist Karl Rove almost went nuclear in a speech to the Republican National Committee recently.

"The United States faces a ruthless enemy, and we need a commander-in-chief and a Congress who understand the nature of the threat and the gravity of the moment America finds itself in," Rove said. "President Bush and the Republican Party do. Unfortunately, the same cannot be said for many Democrats. "President Bush believes if al-Qaida is calling somebody in America, it is in our national security interest to know who they're calling and why. "Some important Democrats clearly disagree."

With those explosive remarks, Rove set the tone for the 2006 elections. Republicans will run on the issue of national security, portraying Democrats as too weak or timid to protect the country from terrorists. - news-record.com

The day before Bush's State of the Union Address
Guess who turns up to help out?
Al-Zawahri Calls Bush 'Butcher' for Attack

By NADIA ABOU EL-MAJD, Jan 30 2006 CAIRO, Egypt - Al-Qaida No. 2 Ayman al-Zawahri said in a videotape aired Monday that President Bush was a "butcher" and a "failure" because of a deadly U.S. airstrike in Pakistan targeting the bin Laden deputy, and he threatened a new attack on the United States.

A U.S. counterterrorism official, speaking on condition of anonymity in compliance with office policy, said there was no reason to doubt the authenticity of the tape, which U.S. intelligence officials were analyzing. The official said the message broadcast by Al-Jazeera showed al-Qaida believed it was important to convey that al-Zawahri is alive.

In Washington, FBI Special Agent Richard Kolko said the bureau would ask agents around the United States to review ongoing cases and tips in light of the new tape, especially with two major events this week - the State of the Union in Washington and the Super Bowl in Detroit.

Al-Zawahri, shown in the video wearing white robes and a white turban, said a Jan. 13 airstrike in the eastern village of Damadola killed "innocents," and he said the United States had ignored an offer from al-Qaida leader Osama bin Laden for a truce.

"Butcher of Washington, you are not only defeated and a liar, but also a failure. You are a curse on your own nation and you have brought and will bring them only catastrophes and tragedies," he said, referring to Bush. "Bush, do you know where I am? I am among the Muslim masses."

The airstrike hit a building in Damadola, where U.S. intelligence believed al-Zawahri had been attending an Islamic holiday dinner. The strike killed four al-Qaida leaders - including a man believed to be al-Zawahri's son-in-law - but intelligence officials said later they believe al-Zawahri sent his aides to the dinner in his place. Thirteen villagers also were killed in the strike, angering many Pakistanis. The attack was believed to have been launched by a Predator drone from Afghanistan, where some 20,000 U.S. troops are based.

"The American planes raided in compliance with Musharraf the traitor and his security apparatus, the slave of the Crusaders and the Jews," he said, referring to Pakistani President Gen. Pervez Musharraf. "In seeking to kill my humble self and four of my brothers, the whole world has discovered the extent of America's lies and failures and the extent of its savagery in fighting Islam and Muslims."

The video was al-Zawahri's first appearance since the airstrike and came 11 days after the latest audiotape by bin Laden. The U.S. counterterrorism official noted that the video was disseminated quickly, demonstrating al-Zawahri's ability to get his message out even faster than bin Laden. That suggests the two are not hiding together and bin Laden may be in a more remote location than his deputy, the official said.

On Jan. 19, Al-Jazeera broadcast an audio message from bin Laden in which he referenced a secret British government memo disclosed in a Nov. 22 newspaper story. But al-Zawahri's message Monday references the attack that took place just more than two weeks ago. The last video from al-Zawahri came Jan. 6, when he called the U.S. decision to withdraw some troops from Iraq a victory for the Islamic world.

The Al-Jazeera newscaster said Monday the network was airing excerpts from the al-Zawahri tape, and it showed two short segments. It was not immediately known how long the entire tape was.

In the video, al-Zawahri spoke before a black background. No automatic weapon was visible, unlike past videos by the al-Qaida deputy in which a gun often appeared leaning next to him. In the bottom left corner, the video had the logo in Arabic and English of Al-Sahab, an al-Qaida video production company that made some past videos by bin Laden and al-Zawahri.

"My second message is to the American people, who are drowning in illusions. I tell you that Bush and his gang are shedding your blood and wasting your money in frustrated adventures," he said, speaking in a forceful and angry voice. "The lion of Islam, Sheik Osama bin Laden, may God protect him, offered you a decent exit from your dilemma. But your leaders, who are keen to accumulate wealth, insist on throwing you in battles and killing your souls in Iraq and Afghanistan and - God willing - on your own land." Al-Zawahri then vented more fury at the United States and Britain, its main coalition partner in Iraq. "Your leaders responded to the initiative of sheik Osama, may God protect him, by saying they don't negotiate with terrorists and that they are winning the war on terror. I tell them: You liars, greedy war mongers, who is pulling out from Iraq and Afghanistan? Us or you? Whose soldiers are committing suicide because of despair? Us or you?" he said. "You, American mother, if the Pentagon calls to tell you that your son is coming home in a coffin, then remember George Bush. And you, British wife, if the Defense Department calls you to say that your husband is returning crippled and burnt, remember Tony Blair."

The video comes after bin Laden warned that al-Qaida is preparing attacks in the United States but offered a truce "with fair conditions" to build Iraq and Afghanistan. The al-Qaida leader did not spell out conditions for a truce in the excerpts aired by Al-Jazeera.

U.S. officials said after the bin Laden tape that they had no sign that al-Qaida was preparing an imminent attack in the United States.

In an Arabic transcription of the entire tape on the Al-Jazeera Web site - but not aired - bin Laden made an oblique reference to how to prevent new attacks on the United States but did not specify if those were conditions for a truce. The tape was the first message from bin Laden in more than a year. The CIA authenticated the voice on the tape as that of bin Laden. Al-Jazeera said the tape was recorded in the Islamic month that corresponds with December.

The White House firmly rejected bin Laden's suggestion of a negotiated truce.

"We don't negotiate with terrorists," Vice President Dick Cheney said at the time. "I think you have to destroy them."

During the year of silence from bin Laden, al-Zawahri issued several video and audiotapes, including one claiming al-Qaida responsibility for the July 7 London bombings. - news.yahoo.com

look at the news images -
different pics are used in different news stories...
has anyone actually seen the video?


"With so much in the balance, those of us in public office have a duty to speak with candor. A sudden withdrawal of our forces from Iraq would abandon our Iraqi allies to death and prison, would put men like bin Laden and Zarqawi in charge of a strategic country, and show that a pledge from America means little. Members of Congress, however we feel about the decisions and debates of the past, our nation has only one option: We must keep our word, defeat our enemies, and stand behind the American military in this vital mission." (Cue Applause.)


"...liberty is the future of every nation in the Middle East, because liberty is the right and hope of all humanity. (Applause.)

The same is true of Iran, a nation now held hostage by a small clerical elite that is isolating and repressing its people. The regime in that country sponsors terrorists in the Palestinian territories and in Lebanon -- and that must come to an end. (Applause.) The Iranian government is defying the world with its nuclear ambitions, and the nations of the world must not permit the Iranian regime to gain nuclear weapons. (Applause.) America will continue to rally the world to confront these threats. "


"To overcome dangers in our world, we must also take the offensive by encouraging economic progress, and fighting disease, and spreading hope in hopeless lands. Isolationism would not only tie our hands in fighting enemies, it would keep us from helping our friends in desperate need. We show compassion abroad because Americans believe in the God-given dignity and worth of a villager with HIV/AIDS, or an infant with malaria, or a refugee fleeing genocide, or a young girl sold into slavery. We also show compassion abroad because regions overwhelmed by poverty, corruption, and despair are sources of terrorism, and organized crime, and human trafficking, and the drug trade. " - excerpts from 2006 State of the Union adresss

Invited to State of the Union address, Cindy Sheehan is removed from gallery

Hey! her son only DIED in Iraq, that's all...

Still think The 'good 'ole US of A is not a Fascist country?

Capitol Police arrest antiwar activist Sheehan

NBC News and news services Updated: 3:37 a.m. ET Feb. 1, 2006

Cindy Sheehan, the mother of a fallen soldier in Iraq who reinvigorated the antiwar movement, was arrested and removed from the House gallery Tuesday night just before President Bush's State of the Union address, a police spokeswoman said.

Sheehan, who was invited to attend the speech by Rep. Lynn Woolsey, D-Calif., was charged with demonstrating in the Capitol building, said Capitol Police Sgt. Kimberly Schneider. The charge was later changed to unlawful conduct, Schneider said. Both charges are misdemeanors. Sheehan was taken in handcuffs from the Capitol to police headquarters a few blocks away. Her case was processed as Bush spoke.

Schneider said Sheehan had worn a T-shirt with an antiwar slogan to the speech and covered it up until she took her seat. Police warned her that such displays were not allowed, but she did not respond, the spokeswoman said.

The T-shirt bore the words "2,245 Dead - How Many More??" in reference to the number of U.S. troops killed in Iraq, protesters told NBC News. Police handcuffed Sheehan and removed her from the gallery before Bush arrived. Sheehan was to be released on her own recognizance, Schneider said.

"I'm proud that Cindy's my guest tonight," Woolsey said in an interview before the speech. "She has made a difference in the debate to bring our troops home from Iraq."

Woolsey offered Sheehan a ticket to the speech - Gallery 5, seat 7, row A - earlier Tuesday while Sheehan was attending an "alternative state of the union" press conference by CODEPINK, a group pushing for an end to the Iraq war.

Sheehan, wrapped in a bright pink scarf against the cold, protested outside the White House with a handful of others before heading to the Capitol Tuesday evening. There were no cameras around, but the small band faced the executive mansion and repeatedly shouted, "You're evicted! Get out of our house!"

Sheehan was arrested in September with about 300 other antiwar activists in front of the White House after a weekend of protests against the war in Iraq. In August, she spent 26 days camped near Bush's ranch in Crawford, Texas, where he was spending a working vacation.

MSNBC

Letter from Ciny Sheehan

Dear Friends,

As most of you have probably heard, I was arrested before the State of the Union Address tonight.

I am speechless with fury at what happened and with grief over what we have lost in our country.

There have been lies from the police and distortions by the press. (Shocker) So this is what really happened:

This afternoon at the People's State of the Union Address in DC where I was joined by Congresspersons Lynn Woolsey and John Conyers, Ann Wright, Malik Rahim and John Cavanagh, Lynn brought me a ticket to the State of the Union Address. At that time, I was wearing the shirt that said: 2245 Dead. How many more?

After the PSOTU press conference, I was having second thoughts about going to the SOTU at the Capitol. I didn't feel comfortable going. I knew George Bush would say things that would hurt me and anger me and I knew that I couldn't disrupt the address because Lynn had given me the ticket and I didn't want to be disruptive out of respect for her. I, in fact, had given the ticket to John Bruhns who is in Iraq Veterans Against the War. However, Lynn's office had already called the media and everyone knew I was going to be there so I sucked it up and went.

I got the ticket back from John, and I met one of Congresswoman Barbara Lee's staffers in the Longworth Congressional Office building and we went to the Capitol via the undergroud tunnel. I went through security once, then had to use the rest room and went through security again.

My ticket was in the 5th gallery, front row, fourth seat in. The person who in a few minutes was to arrest me, helped me to my seat.

I had just sat down and I was warm from climbing 3 flights of stairs back up from the bathroom so I unzipped my jacket. I turned to the right to take my left arm out, when the same officer saw my shirt and yelled; "Protester." He then ran over to me, hauled me out of my seat and roughly (with my hands behind my back) shoved me up the stairs. I said something like "I'm going, do you have to be so rough?"

By the way, his name is Mike Weight.

The officer ran with me to the elevators yelling at everyone to move out of the way. When we got to the elevators, he cuffed me and took me outside to await a squad car. On the way out, someone behind me said, "That's Cindy Sheehan." At which point the officer who arrested me said: "Take these steps slowly." I said, "You didn't care about being careful when you were dragging me up the other steps." He said, "That's because you were protesting." Wow, I get hauled out of the People's House because I was, "Protesting."

I was never told that I couldn't wear that shirt into the Congress. I was never asked to take it off or zip my jacket back up. If I had been asked to do any of those things...I would have, and written about the suppression of my freedom of speech later. I was immediately, and roughly (I have the bruises and muscle spasms to prove it) hauled off and arrested for "unlawful conduct."

After I had my personal items inventoried and my fingers printed, a nice Sgt. came in and looked at my shirt and said, "2245, huh? I just got back from there."

I told him that my son died there. That's when the enormity of my loss hit me. I have lost my son. I have lost my First Amendment rights. I have lost the country that I love. Where did America go? I started crying in pain.

What did Casey die for? What did the 2244 other brave young Americans die for? What are tens of thousands of them over there in harm's way for still? For this? I can't even wear a shirt that has the number of troops on it that George Bush and his arrogant and ignorant policies are responsible for killing.

I wore the shirt to make a statement. The press knew I was going to be there and I thought every once in awhile they would show me and I would have the shirt on. I did not wear it to be disruptive, or I would have unzipped my jacket during George's speech. If I had any idea what happens to people who wear shirts that make the neocons uncomfortable that I would be arrested...maybe I would have, but I didn't.

There have already been many wild stories out there.

I have some lawyers looking into filing a First Amendment lawsuit against the government for what happened tonight. I will file it. It is time to take our freedoms and our country back.

I don't want to live in a country that prohibits any person, whether he/she has paid the ulitmate price for that country, from wearing, saying, writing, or telephoning any negative statements about the government. That's why I am going to take my freedoms and liberties back. That's why I am not going to let Bushco take anything else away from me...or you.

I am so appreciative of the couple of hundred of protesters who came to the jail while I was locked up to show their support....we have so much potential for good...there is so much good in so many people.

Four hours and 2 jails after I was arrested, I was let out. Again, I am so upset and sore it is hard to think straight.

Keep up the struggle...I promise you I will too.

Love and peace soon,

Cindy

Soldier shot by sheriff's deputy stable, wife says

Sheriff refuses to comment on deputies, Air Force officer

Melissa Pinion-Whitt, Staff Writer CHINO - A U.S. Air Force policeman who just returned from Iraq was shot several times by a sheriff's deputy late Sunday following a high-speed chase.

The man, identified by family members as Elio Carrion, 21, was hospitalized at Arrowhead Regional Medical Center in Colton. Hospital officials would not release his condition, but the man's wife said he underwent surgery and was stable.

"He looks good. He's just very tired right now," said Mariela Carrion, a Louisiana resident who was visiting family in Pomona with her husband.

San Bernardino County sheriff's deputies released few details about what prompted the shooting. Sheriff Gary Penrod said in a prepared statement the department's homicide division was conducting a thorough investigation. "As with all investigations, the circumstances involved in this shooting will be reviewed," Penrod said. "It would be inappropriate for me to make any additional comments until the investigation is completed."

The incident began about 10 p.m. when deputies saw the driver of a blue Chevrolet Corvette speeding at more than 100 mph through a residential area, deputies said. Deputies tried to stop the driver, but he didn't pull over, sheriff's officials said. A short chase ensued, ending when the driver, Luis Fernando Escobedo, skidded and slammed into the block wall on Francis Avenue near Benson Avenue in Chino.

Bill Vandie, who lives on Francis, said he was inside when he heard the Corvette and the sheriff's car race down the street."I heard the tires screeching like someone slamming on the brakes," he said.

A resident next door to Vandie ran inside and grabbed a video camera shortly after he heard the crash. Neighbors then reported hearing about three gunshots. Sheriff's officials said while deputies were trying to take Escobedo and Carrion into custody, a deputy shot Carrion. Deputies said the cameraman voluntarily handed over a copy of the tape to authorities, who planned to review it as part of the investigation. Paramedics flew Carrion to the hospital. Escobedo, 21, was not shot. Sheriff's officials didn't indicate whether Escobedo or his passenger were injured in the crash. Deputies booked Escobedo into West Valley Detention Center on suspicion of felony evading.

Roberto Garcia, a friend of the man who filmed the incident, said he didn't see the shooting, but viewed a copy of the video. Garcia was inside the home in the 5500 block of Francis Avenue while his friend stood outside filming.

"The guy laid down on the ground and was arguing with police and the police told him to get up," Garcia said. "When he got up that's when he shot him."

Garcia also said the video showed a deputy kicking the man while he was on the ground.

Sheriff's spokeswoman Robin Haynal said investigators were still reviewing the tape, so the department couldn't respond to Garcia's description of its contents. "I have not seen the tape, so we're not going to comment on it right now," she said.

The deputy who shot Carrion was placed on leave pending the outcome of the investigation, which is regular procedure, Haynal said.

But the families of Carrion and Escobedo want answers sooner. Laura Cardona, Escobedo's sister, came to the shooting scene Monday afternoon. She said her brother and Carrion were at a family get-together in Montclair celebrating Carrion's return from Iraq on Sunday night. Carrion and Escobedo got into the Corvette and had planned to stop at a store and visit a friend. While heading to their friend's house, the chase began, she said.

"We don't understand why they say he was running from the cops because I don't think he was," said Cardona, a Montclair resident. She said Escobedo was not perfect and once had a warrant for not paying a speeding ticket, but he had nothing serious on his record.

Relatives were baffled as to why Carrion would be shot.

Carrion has served three years in the Air Force's military police and had just returned to his home in Shreveport, La., after serving eight months in Iraq, his wife said. Mariela Carrion, who has been married to the man two years, said she and Elio came to Pomona to visit family members. She said she is interested in viewing the videotape because she is seeking an explanation about what happened.

"I actually talked to him, and he said they shot him for no reason," she said. - dailybulletin.com

Rumsfeld Offers Strategies for Current War

Pentagon to Release 20-Year Plan Today

By Josh White and Ann Scott Tyson Friday, February 3, 2006;

The United States is engaged in what could be a generational conflict akin to the Cold War, the kind of struggle that might last decades as allies work to root out terrorists across the globe and battle extremists who want to rule the world, Defense Secretary Donald H. Rumsfeld said yesterday.

Rumsfeld, who laid out broad strategies for what the military and the Bush administration are now calling the "long war," likened al Qaeda leader Osama bin Laden to Adolf Hitler and Vladimir Lenin while urging Americans not to give in on the battle of wills that could stretch for years. He said there is a tendency to underestimate the threats that terrorists pose to global security, and said liberty is at stake.

"Compelled by a militant ideology that celebrates murder and suicide with no territory to defend, with little to lose, they will either succeed in changing our way of life, or we will succeed in changing theirs," Rumsfeld said in a speech at the National Press Club.

The speech, which aides said was titled "The Long War," came on the eve of the Pentagon's release of its Quadrennial Defense Review (QDR), which sets out plans for how the U.S. military will address major security challenges 20 years into the future. The plans to be released today include shifts to make the military more agile and capable of dealing with unconventional threats, something Rumsfeld has said is necessary to move from a military designed for the Cold War into one that is more flexible.

He said the nation must focus on three strategies in the ongoing war: preventing terrorists from obtaining weapons of mass destruction, defending the U.S. homeland and helping allies fight terrorism. He emphasized that these goals could take a long time to achieve.

Indeed, the QDR, mandated every four years by Congress, opens with the declaration: "The United States is a nation engaged in what will be a long war."

The review has been widely anticipated in Washington defense circles because of the dramatic changes in the U.S. military's global role since the last review in 2001. Adding to the high expectations is the fact that Rumsfeld and his team have now been in place for more than four years.

The QDR strategy draws heavily on lessons learned by the military from the wars in Iraq and Afghanistan and the worldwide campaign against terrorism, shifting the Pentagon's emphasis away from conventional warfare of the Cold War era toward three new areas.

First are "irregular" conflicts against insurgents, terrorists and other non-state enemies. Iraq and Afghanistan are the "early battles" in the campaign against Islamic extremists and terrorists, who are "profoundly more dangerous" than in the past because of technological advances that allow them to operate globally, said Deputy Defense Secretary Gordon R. England in an address on Wednesday.

The QDR also focuses on defending the U.S. homeland against "catastrophic" attacks such as with nuclear, chemical or biological weapons. Finally, it sets out plans for deterring the rising military heft of major powers such as China.

The strategic vision outlined in the QDR has won high marks from defense analysts for diagnosing the problems the U.S. military will likely face. However, it is less successful in translating those concepts into concrete military capabilities, the analysts say.

The review does not dramatically change the "force construct" -- the set of world contingencies that the U.S. military is expected to be able to deal with. The most important change is the recognition that U.S. forces may have to carry out long-term stability operations, or surge suddenly to a world hot spot. There are not "huge tectonic shifts," said Adm. Edmund P. Giambastiani, vice chairman of the Joint Chiefs of Staff, in an address Wednesday.

The strategy does call for devoting resources to accelerate a long-range strike capability directed at hostile nations, and for new investments aimed at countering biological and nuclear weapons -- such as teams able to defuse a nuclear bomb. But it makes relatively minor adjustments in key weapons systems, with the biggest programs such as the Joint Strike Fighter and the Army's Future Combat Systems escaping virtually unscathed. This leaves less room for investments in innovative programs and forces to address the types of problems that the QDR identifies, analysts say.

"A lot of tough choices are kicked down the road," said Andrew F. Krepinevich, executive director of the Center for Strategic and Budgetary Assessments.

One of the toughest battles facing the United States, Rumsfeld said yesterday, is recognizing the seriousness of the terrorist threat and the immediacy of fighting the nation's enemies. He said the task facing Western nations could be arduous, as terrorists operate in numerous countries around the world, hidden, and with the willingness to wait long periods between attacks. Military leaders and officials in the Bush administration have taken to calling the global war on terrorism the "long war," which defense experts say is a recognition that there is no end in sight.

"Dealing with the issue of terrorism and extremism is going to take a long time," said Robert E. Hunter, senior adviser at Rand Corp. and a former ambassador to NATO. "But we have to define success. You're never going to get rid of all terrorism."

Rumsfeld said he does not believe the war will end with a bang but, instead, with a whimper, "fading down over a sustained period of time as more countries in the world are successful," much as how democracy outlasted communism in the Cold War. He added that the early decades of the Cold War also brought confusion and doubt.

"The only way that terrorists can win this struggle is if we lose our will and surrender the fight, or think it's not important enough, or in confusion or in disagreement among ourselves give them the time to regroup and reestablish themselves in Iraq or elsewhere," he said. - washington post

Army Teaches Troops How to Pick a Spouse

By PAULINE JELINEK, Associated Press Writer2 hours, 3 minutes ago

They are the Pentagon's new "rules of engagement" - the diamond ring kind. U.S. Army chaplains are trying to teach troops how to pick the right spouse, through a program called "How To Avoid Marrying a Jerk." The matchmaking advice comes as military family life is being stressed by two tough wars. Defense Department records show more than 56,000 in the Army - active, National Guard and Reserve - have divorced since the campaign in Afghanistan started in 2001.

Officials partly blame long and repeated deployments which started after the invasion of Iraq in 2003 and stretched the service thin.

Troops also are coming home with life-altering injuries. Many come back better people, others worse-off - but either way, very changed from who they were when they wed.

"Being in the military certainly raises the stakes when you choose a mate," said Lt. Col. Peter Frederich, head of family issues in the Pentagon's chaplain office.

The "no jerks" program is also called "P.I.C.K. a Partner," for Premarital Interpersonal Choices and Knowledge. It advises the marriage-bound to study a partner's F.A.C.E.S. - family background, attitudes, compatibility, experiences in previous relationships and skills they'd bring to the union. It teaches the lovestruck to pace themselves with a R.A.M. chart - the Relationship Attachment Model - which basically says don't let your sexual involvement exceed your level of commitment or level of knowledge about the other person.

Maj. John Kegley, a chaplain who teaches the program in Monterey, Calif., throws in the "no jerk salute" for fun. One hand at the heart, two-fingers at the brow mean use your heart and brain when choosing. Though the acronyms and salute make it sound like something the Pentagon would come up with, the program was created by former minister John Van Epp of Ohio, who has a doctorate in psychology and a private counseling practice. He teaches it to Army chaplains, who in turn teach it to troops. It also is used by social service agencies, prisons, churches and other civilian groups.

Commanders once discouraged troops from starting a family while serving. Thus the old saying: "If the Army wanted you to have a wife, it would have issued you one."

Today, the military supports families more than any other employer, Frederich said. The Bush administration proposes to spend $5.6 billion in the next budget year for quality-of-life services for troops and their families. That includes help with child care, education, spouse job hunting, legal assistance, commissaries, relocation counseling - programs on every family issue imaginable - to promote stability, and thus troop readiness.

Such support notwithstanding, "not everybody is cut out" to marry into the military, said Army spokeswoman Martha Rudd.

Some 740,000 people - or a little more than half of all troops in the active-duty armed forces - are married. Of those, some 96,000 had spouses also in uniform in the 2004 budget year, according to Pentagon figures. The Army hopes the "no jerks" program will help couples decide if they are ready for a long-term commitment and can cope with the unique stresses of military life.

"Settings like military bases are incubators," said Van Epp, of Medina, Ohio. "They try to hatch ... relationships extremely fast," leading to higher divorce rates and more domestic violence.

The program teaches troops not to cave in to the pressure of a ticking clock - like rushing to marry before shipping out for a deployment, or too soon after homecoming.

Last month, Van Epp sent 200 program workbooks to troops in Iraq.

news.yahoo.com

On the Net: Family support programs: http://www.militaryonesource.com

P.I.C.K a Partner http://www.nojerks.com

Congress extends Patriot Act 5 weeks

WASHINGTON (AP) -- Congress sent President Bush a second five-week extension of the Patriot Act as Senate negotiators worked to close a deal with the White House on renewing the antiterrorism law with some new civil liberties protections.

"We need the Patriot Act," said Judiciary Committee Chairman Arlen Specter. "I'm prepared to work on it further to improve it."

Sixteen provisions of the 2001 law were to have expired last December 31, but Congress extended them until Friday after Democrats and a handful of Senate Republicans insisted on an avenue of appeals when the FBI makes demands for people's financial and other private records.

The Senate voted 95-1 Thursday night to extend the current law unchanged through March 10 and give negotiators more time to reach a deal. Sen. Russell Feingold, a Wisconsin Democrat and a longtime opponent of the Patriot Act, cast the sole vote against the extension.

The House passed it Wednesday.

Several Republican and Democratic officials involved in negotiations said that agreements had been reached on several issues but that others needed more time. Earlier in the week, Sen. Larry Craig, an Idaho Republican and one of the negotiators who helped block the act's renewal last year, told reporters almost all of his concerns had been worked out with the White House.

He and Sen. John Sununu, a New Hampshire Republican, want parts of the act to be rewritten in several areas, including giving banks, libraries and Internet service providers the right to appeal when the FBI seeks financial and other records of their customers and clients.

Senate Democrats and four libertarian-leaning Republicans had blocked a final vote on a measure negotiated by the White House that would have made permanent most expiring provisions. The Republicans were concerned about excessive police powers.

The law makes it easier for federal agents to gather and share information in terrorism investigations, install wiretaps and conduct secret searches of households and businesses. At issue are 16 provisions that Congress wanted reviewed and renewed by the end of last year.

Not voting were one Democrat, Sen. Jeff Bingaman of New Mexico, and three Republicans: Sens. Conrad Burns of Montana, Pete Domenici of New Mexico and Trent Lott of Mississippi. CNN

Bush slashes domestic programs, boosts defense

By Caren Bohan and Andrea Hopkins WASHINGTON, Feb 6 (Reuters) -

President George W. Bush proposed on Monday to boost defense spending, slow Medicare's growth and cut a host of domestic programs in a $2.77 trillion budget that sought to soothe Republican frustrations over high deficits.

With congressional elections looming in November, the fiscal 2007 blueprint came under swift attack from Democrats, who said the elderly and working Americans would bear the brunt of Bush's fiscal mismanagement. The plan would cut discretionary programs outside national security by 0.5 percent. Bush wants to pare back or scrap 141 programs, with education, cancer research and community policing programs slated to take a hit.

But Bush proposed a record $439.3 billion defense budget, up 4.8 percent from last year. On top of that, the White House will seek new financing for wars in Iraq and Afghanistan. The president renewed his call for the Republican-led Congress to make his tax cuts permanent even as he projected a surge in the federal deficit to $423 billion this year, up more than $100 billion from fiscal 2005. Bush said failing to extend his tax cuts would amount to a tax increase.

But congressional Democrats said his plan masked the depth of fiscal problems by ignoring the long-term impact of the 2001 and 2003 tax cuts, which they said would cost $1.5 trillion in 2012-2016 if they are fully renewed.

"The tax cuts explode after five years," said Sen. Kent Conrad of North Dakota, senior Democrat on the Senate Budget Committee.

Senate Democratic leader Harry Reid of Nevada called the budget document "immoral and irresponsible." "After creating record deficits and debt with his budget busting tax breaks, the president is asking our seniors, our students, and our families to clean up his fiscal mess with painful cuts in health care and student aid," Reid said.

Democrats hope to overturn Republican dominance in both chambers of Congress in November elections and see the deficits as an issue on which Bush and his allies are vulnerable.

Lawmakers will debate the budget this spring and the eventual product could look very different from Bush's plan.

The White House penciled in $50 billion for war spending in 2007 but budget director Joshua Bolten said that was simply based on Congress's initial allowance for 2006 and was not a firm assessment of the needs. "It's very hard to say what we'll be spending 18 months from now in Iraq," Bolten said. "It has been a very expensive undertaking."

A new infusion this year of $70 billion in emergency funds for the wars in Iraq and Afghanistan dwarfs the proposed domestic program cuts in fiscal 2007 and is double the five-year savings of $36 billion in Medicare.

Total war spending for 2006 is $120 billion -- the budget's single biggest discretionary item. The $70 billion in emergency funds is in addition to $50 billion already approved by Congress.

ELECTION-YEAR WORRIES

Even though fiscal conservatives are upset about the deficits, lawmakers are usually squeamish about cutting programs in an election year, making the Bush's wish list a tough sell. Nine of the 15 Cabinet agencies would see cuts, with education down 3.8 percent, justice reduced by 7.2 percent and transportation 9.4 percent lower. Veterans Affairs was given an 8 percent increase, one of the few domestic programs to get a bigger budget.

Bush would hold the growth in discretionary spending to 3.2 percent, below the 3.4 percent inflation rate. He also hopes to squeeze $65 billion in savings over five years from mandatory programs, including $36 billion for the Medicare health program for the elderly. Growth in hospital payments would be reduced and the administration would set triggers to cut Medicare if spending surpasses certain thresholds.

As an indication of the battles the administration will face over its budget, the AARP, the influential seniors lobby, vowed to fight the Medicare triggers. The administration emphasized it was not cutting Medicare but slowing its annual growth to 7.5 percent from 7.8 percent.

Spending for the Iraq war and Hurricane Katrina have contributed to an expected rise in the 2007 deficit to $423 billion from $318 billion in 2006. But Bush still maintains he can halve the shortfall by 2009. A handful of domestic programs would get fresh cash. Those include research and development, math and science education, high-tech training and alternative fuel sources. Although the domestic program cuts spurred criticism, Conrad predicted Congress would embrace Bush's full request for defense.

"We're at war," Conrad said. "The Congress of the United States is going to stand shoulder to shoulder with the president" to provide funds for soldiers. - alertnet.org

watch out there's a bogeyman about!

USS Cole Plotter Escapes Prison

(CNN) -- Interpol has issued "an urgent global security alert" after 23 "dangerous individuals" -- including a man identified as the mastermind of the attack on the USS Cole in 2000 -- escaped from a Yemeni prison. The international crime-fighting organization said Sunday at least 13 of the 23 who escaped Friday were "convicted al Qaeda terrorists, some of whom were involved in attacks on U.S. and French ships in 2000 and 2002." "Al Qaeda terrorists have been deemed a serious threat to the entire world community by the U.N. Security Council, by Interpol and by a wide range of countries," Interpol Secretary General Ronald K. Noble said in the statement.

They escaped via a 140-meter (150-yard) -long tunnel "dug by the prisoners and co-conspirators outside," Interpol said. "Their escape cannot be considered an internal problem for Yemen alone."

Among the escapees was Jamal Ahmed Badawi, considered the mastermind behind the attack on the USS Cole on October 12, 2000. Badawi was sentenced to death in September 2004 for plotting the attack. Two suicide bombers blew up an explosives-laden boat next to the destroyer while the destroyer was in the Aden, Yemen, harbor for a routine fuel stop. The attack killed 17 sailors and wounded 39 others.

A U.S. government official with direct knowledge of the situation told CNN that Yemeni security forces have launched a nationwide manhunt for the escaped prisoners. Elite counterterrorism units are among the troops taking part in the search, the official said. The official called the escape a "major setback" for Yemen, but says the country is sharing information about the situation with the United States.

The FBI released a statement saying that information about the escape was "currently coming in through government channels."

"We are closely monitoring the situation at this time and we will work with our domestic and international partners to actively pursue these dangerous terrorists through the means we have available," the statement said.

Also among the escapees was Fawaz Yahya Al-Rabeei, one of those responsible for attacking the French tanker Limburg in 2002. ksbitv.com

hmm...terrorists -they could be useful...

boo! ha ha! gotcha...

All-clear after US Capitol alert

US Capitol police have given the all-clear after a Senate building was evacuated amid fears that a hazardous substance had been detected. Police spokeswoman Kimberly Schneider said tests on a suspected nerve agent had proved negative. About 200 people were cleared from the Russell Building and moved to an underground car park. The evacuation was triggered when an alarm system appeared to detect a poison in the air. An air-monitoring system indicated the presence of a nerve agent in the attic of the building.

"We had this warning system work," said Republican Senator Jeff Sessions. "People in the building followed the directions promptly. There was no panic, no running, no upset or anything like that."

A team of specialists investigated the alarm and carried out a series of tests. Initial readings indicated a nerve agent, but subsequently proved negative.

"Test results have been cleared and all test results are negative, so that's very good news," said Sgt Schneider.

The senators and staff were allowed back into the building about three hours after the scare began around 1830 (2330 GMT). - BBC

boo! ha ha! gotcha...
Navy warships to catch scattered terrorists on the lamb?

U.S. ships off Yemen to block al-Qaida escapees

Mastermind of attack on USS Cole in 2000 among those who fled prison

WASHINGTON - U.S. Navy ships are helping patrol the international waters off Yemen to try to recapture al-Qaida prison escapees if they try to flee by sea, the Pentagon said in a statement Thursday.

Among the 23 prisoners who escaped through a tunnel last week was Jaber Elbaneh, the mastermind of the bomb attack on the USS Cole in Yemen in 2000, the Pentagon said in a statement from Manama, Bahrain.

The Navy ships are part of Combined Task Force 150, which routinely patrols the waters in the area.

“Ships from CTF 150 are monitoring international waters along the coast of Yemen in an attempt to either block possible maritime escape routes or capture the suspected terrorists if they make this attempt,” the statement said.msnbc

hmm...terrorists -they could be useful...

boo! ha ha! gotcha...

Bush details 'foiled terror plot'

Feb 9, 11:37 AM EST

Bush Says Cooperation Thwarted 2002 Attack

By DEB RIECHMANN Associated Press Writer WASHINGTON (AP) --

President Bush said the U.S.-led global war on terror has "weakened and fractured" al-Qaida and allied groups, outlining as proof new details about the multinational cooperation that foiled purported terrorist plans to fly a commercial airplane into the tallest skyscraper on the West Coast.

"The terrorists are living under constant pressure and this adds to our security," Bush said. "When terrorists spend their days working to avoid death or capture, it's harder for them to plan and execute new attacks on our country. By striking the terrorists where they live, we're protecting the American homeland."

But the president said the anti-terror battle is far from over.

"The terrorists are weakened and fractured, yet they're still lethal," the president said in a speech at the National Guard Memorial Building. "We cannot let the fact that America hasn't been attacked in 41/2 years since September the 11th lull us into the illusion that the threats to our nation have disappeared. They have not."

Bush has referred to the 2002 plot before. In an address last October, he said the United States and its allies had foiled at least 10 serious plots by the al-Qaida terror network in the last four years, including plans for Sept. 11-like attacks on both U.S. coasts. The White House initially would not give details of the plots but later released a fact sheet with a brief, and vague, description of each.

The president filled in details on Thursday.

He said that Khalid Sheik Mohammed, the alleged mastermind of the Sept. 11 attacks who was captured in 2003, had already begun planning the West Coast operation in October, just after the Sept. 11, 2001, attacks. One of Mohammed's key planners was Hambali, the alleged operations chief of the al-Qaida related terrorist group Jemaah Islamiyah. Instead of recruiting Arab hijackers, Hambali found Southeast Asian men who would be less likely to arouse suspicion and who were sent to meet with Osama bin Laden, Bush said.

Under the plot, the hijackers were to use shoe bombs to blow open the cockpit door of a commercial jetliner, take control of the plane and crash it into the Library Tower in Los Angeles, since renamed the US Bank Tower, Bush said. In his remarks, Bush inadvertantly referred to the site as "Liberty Tower," and immediately afterward, the White House corrected him.

The president said the plot was derailed when a Southeast Asian nation arrested a key al-Qaida operative. Bush did not name the country or the operative. Bush has been on a campaign to defend his controversial domestic monitoring program. But the White House would not say whether the 2002 plot was thwarted as a result of the National Security Agency program to eavesdrop on the international e-mails and phone calls of people inside the United States with suspected ties to terrorists.

Bush said only that "subsequent debriefings and other intelligence operations" after the arrest of the unnamed operative led to information about the plot, and to the capture of other ringleaders and operatives involved in it. Hambali, for instance, was captured in Thailand in 2003 and handed over to the United States. "It took the combined efforts of several countries to break up this plot," the president said. "By working together, we took dangerous terrorists off the streets. By working together, we stopped a catastrophic attack on our homeland."

Bush's speech in October cited two other attacks inside the United States that were foiled, including one to use hijacked planes to attack the East Coast in mid-2003. The third was the case of Jose Padilla, a former Chicago gang member who converted to Islam and allegedly plotted with top al-Qaida commanders to detonate a radioactive "dirty bomb" in a U.S. city. Padilla, whose plot never materialized, now is being held without bail in civilian custody on charges that he was part of a secret network that supported Muslim terrorists. He was arrested in May 2002 and had been held as an enemy combatant without criminal charge at a Navy brig in South Carolina until last month. - Associated Press

yessss! ....terrorists they could be useful...

US prepares military blitz against Iran's nuclear sites

By Philip Sherwell in Washington(Filed: 12/02/2006)

Strategists at the Pentagon are drawing up plans for devastating bombing raids backed by submarine-launched ballistic missile attacks against Iran's nuclear sites as a "last resort" to block Teheran's efforts to develop an atomic bomb.

Central Command and Strategic Command planners are identifying targets, assessing weapon-loads and working on logistics for an operation, the Sunday Telegraph has learnt. They are reporting to the office of Donald Rumsfeld, the defence secretary, as America updates plans for action if the diplomatic offensive fails to thwart the Islamic republic's nuclear bomb ambitions. Teheran claims that it is developing only a civilian energy programme.

"This is more than just the standard military contingency assessment," said a senior Pentagon adviser. "This has taken on much greater urgency in recent months."

The prospect of military action could put Washington at odds with Britain which fears that an attack would spark violence across the Middle East, reprisals in the West and may not cripple Teheran's nuclear programme. But the steady flow of disclosures about Iran's secret nuclear operations and the virulent anti-Israeli threats of President Mahmoud Ahmadinejad has prompted the fresh assessment of military options by Washington. The most likely strategy would involve aerial bombardment by long-distance B2 bombers, each armed with up to 40,000lb of precision weapons, including the latest bunker-busting devices. They would fly from bases in Missouri with mid-air refuelling.

The Bush administration has recently announced plans to add conventional ballistic missiles to the armoury of its nuclear Trident submarines within the next two years. If ready in time, they would also form part of the plan of attack.

Teheran has dispersed its nuclear plants, burying some deep underground, and has recently increased its air defences, but Pentagon planners believe that the raids could seriously set back Iran's nuclear programme.

Iran was last weekend reported to the United Nations Security Council by the International Atomic Energy Agency for its banned nuclear activities. Teheran reacted by announcing that it would resume full-scale uranium enrichment - producing material that could arm nuclear devices.

The White House says that it wants a diplomatic solution to the stand-off, but President George W Bush has refused to rule out military action and reaffirmed last weekend that Iran's nuclear ambitions "will not be tolerated".

Sen John McCain, the Republican front-runner to succeed Mr Bush in 2008, has advocated military strikes as a last resort. He said recently: "There is only only one thing worse than the United States exercising a military option and that is a nuclear-armed Iran."

Senator Joe Lieberman, a Democrat, has made the same case and Mr Bush is expected to be faced by the decision within two years.

By then, Iran will be close to acquiring the knowledge to make an atomic bomb, although the construction will take longer. The President will not want to be seen as leaving the White House having allowed Iran's ayatollahs to go atomic.

In Teheran yesterday, crowds celebrating the anniversary of the 1979 Islamic revolution chanted "Nuclear technology is our inalienable right" and cheered Mr Ahmadinejad when he said that Iran may reconsider membership of the nuclear Non-Proliferation Treaty.

He was defiant over possible economic sanctions. - telegraph.co.uk

repoerters now terrorists

Press Can Be Prosecuted for Having Secret Files, U.S. Says

By Walter Pincus - Washington Post Staff Writer - Wednesday, February 22, 2006; A03

The Bush administration said that journalists can be prosecuted under current espionage laws for receiving and publishing classified information but that such a step "would raise legitimate and serious issues and would not be undertaken lightly," according to a court filing made public this week.

"There plainly is no exemption in the statutes for the press, let alone lobbyists like the defendants," Justice Department lawyers wrote in response to a motion filed last month seeking to dismiss charges against Steven J. Rosen and Keith Weissman, former lobbyists for the American Israel Public Affairs Committee (AIPAC).

Last August, the two men were accused of receiving classified information during conversations they had with government officials, one of whom warned Weissman that "the information he was about to receive was highly classified 'Agency stuff,' " according to the government's indictment. That official was Lawrence A. Franklin, who worked at the Pentagon. He recently pleaded guilty to violating the Espionage Act.

One argument made in the defendants' motion was that the two pro-Israeli lobbyists were doing what reporters, think-tank experts and members of congressional staffs "do perhaps hundreds of times every day" in receiving leaked classified information and passing it on to others.

In its Jan. 30 response unsealed this week, the government said Rosen and Weissman, as lobbyists, "have no First Amendment right to willfully disclose national defense information." The government went on to say: "Stating this, we recognize that a prosecution under the espionage laws of an actual member of the press for publishing classified information leaked to it by a government source, would raise legitimate and serious issues and would not be undertaken lightly, indeed, the fact that there has never been such a prosecution speaks for itself."

- Wash Post

except compliant Pentagon friendly reporters

Rumsfeld declares war on 'bad' press

By Emad Mekay WASHINGTON Feb 23, 2006 - Pentagon chief Donald Rumsfeld has signaled that he plans to intensify a campaign to influence global media coverage of the United States, a move that is likely to heighten the debate over press freedom and propaganda-free reporting.

Speaking at the Council on Foreign Relations in New York last week, Rumsfeld said Washington would launch a new drive to spread and defend US views, especially on the "war on terror".

He cited the Cold War-era initiatives of the US Information Agency and Radio Free Europe/Radio Liberty, widely viewed outside the United States as sophisticated propaganda outlets, as a model for the new offensive.

If similar efforts over the past five years are any example, the campaign is likely to take place in two main areas - the US media and the press in the Arab and Muslim worlds, where Washington sees its strategic influence as pivotal.

On Tuesday, Rumsfeld also said the Pentagon was "reviewing" its practice of paying to plant good news stories in the Iraqi news media, contradicting a previous assertion that the controversial propaganda program had been halted.

Critics in Washington say the new media blitz joins a long list of decisions by the administration of President George W Bush, such as ordering the National Security Agency to spy on US citizens without warrants, monitoring library records and compiling databases on US citizens who disagree with the administration's policies, that are leading the country down an authoritarian path - ironically, one that is not far from those Middle Eastern regimes that have long clamped down on freedom of expression and independent journalism. And they note that the US mainstream media already tend toward a conservative interpretation of events, with scant regard for opposing views.

According to a study released this month by the Washington-based media organization Media Matters for America, conservative voices have considerably outnumbered liberal voices for the past nine years on the Sunday morning television news shows, considered among the pinnacles of US journalism.

The report analyzed the content of influential shows such as NBC's Meet the Press, CBS's Face the Nation, and ABC's This Week. It classified each of the nearly 7,000 guests who appeared during the 1997-2005 period as either Democrat, Republican, conservative, progressive or neutral. It found that guests opposing the Bush administration's policies, during both terms, were given only enough space to maintain a veneer of fairness and accuracy. Congressional opponents of the Iraq war, for example, were mostly missing from the Sunday shows, particularly during the period just before the war began in March 2003.

"If conservative dominance in this major arena of [US] public opinion-making continues as it has in the past nine years, it may have serious consequences for future policy debates and elections," said David Brock, president of Media Matters for America. "This study should serve as a wake-up call to anyone who thinks they are seeing balanced discourse on Sunday mornings - and to those responsible for producing this [unbalanced] programming," he said.

Rumsfeld's plan would almost certainly seek to bolster such sympathetic reporting. In his speech, the US military chief used war terminology to refer to the media. He said that "some of the most critical battles may not be in the mountains of Afghanistan or the streets of Iraq, but in newsrooms - in places like New York, London, Cairo and elsewhere".

According to Jim Naureckas, editor of Extra!, a magazine put out by the media watchdog group Fairness and Accuracy in Reporting (FAIR), "They see the mutilation of information that reaches the public as a key part of their war strategy, and I think that is a very dangerous way for the military to be looking at their job in a democracy. "When people talk about the 'home front' they do not realize what sinister implications that has. The public is seen as another front that the military is fighting out."

Rumsfeld recommended that the media be part of every move in the "war on terror", including an increase in Internet operations, the establishment of 24-hour press operations centers, and training military personnel in other channels of communication. He said the government would work to hire more media experts from the private sector and that there would be less emphasis on the print press.

The State Department is also stepping up its propaganda efforts. Last week, Secretary of State Condoleezza Rice asked for US$74 million to expand broadcasting and Internet campaigns in Iran, as well as to promote student exchanges, in order to destabilize the regime there.

But to many independent media analysts, the Bush administration has too often confused propaganda with facts and information. "I think that in the Pentagon world view, facts become instrumentalized," Naureckas said.

"The point of putting out information is to achieve your military objectives. It's not to serve truth in some kind of abstract sense. And once you start looking at it this way, the difference between a true statement and false statement really becomes very little."

The Bush administration has had some success in influencing the media at home in the US, a country with generally sophisticated and discerning media operations.

Last week, US lawmaker Henry Waxman and other senior Democratic leaders released a new study by the Government Accountability Office (GAO), a congressional oversight body, which found that the Bush administration spent a whopping $1.6 billion on public relations and media over the past two-and-a-half years to sway public opinion.

"The government is spending over a billion dollars per year on PR and advertising," said Waxman. "Careful oversight of this spending is essential given the track record of the Bush administration, which has used taxpayer dollars to fund covert propaganda within the United States."

The opposition Democrats had asked the GAO to conduct that study after evidence emerged last year that the Bush administration had commissioned "covert propaganda" from PR firms that pushed video news releases that appeared to regular viewers as independent newscasts. The report found that the administration's PR and advertising contracts spanned a wide range of issues, including message development presenting "the army's strategic perspective in the global war on terrorism".

The study found that the Pentagon spent the most on media contracts, worth $1.1 billion. And all that money was before the new Rumsfeld plan. - atimes.com

no plays ...no art...no learning...nothing...

Rickman Slams 'Censorship' of Play about US Gaza Activist

by Julian Borger

A New York theatre company has put off plans to stage a play about an American activist killed by an Israeli bulldozer in Gaza because of the current "political climate" - a decision the play's British director, Alan Rickman, denounced yesterday as "censorship".

James Nicola, the artistic director of the New York Theatre Workshop, said it had never formally announced it would be staging the play, My Name is Rachel Corrie, but it had been considering staging it in March.

"In our pre-production planning and our talking around and listening in our communities in New York, what we heard was that after Ariel Sharon's illness and the election of Hamas, we had a very edgy situation," Mr Nicola said. "We found that our plan to present a work of art would be seen as us taking a stand in a political conflict, that we didn't want to take."

He said he had suggested a postponement until next year.

Mr Rickman, best known for his film acting roles in Love, Actually and the Harry Potter series and who directed the play at London's Royal Court Theatre, denounced the decision.

"I can only guess at the pressures of funding an independent theatre company in New York, but calling this production "postponed" does not disguise the fact that it has been cancelled," Mr Rickman said in a statement. "This is censorship born out of fear, and the New York Theatre Workshop, the Royal Court, New York audiences - all of us are the losers."

Rachel Corrie was a 23-year-old activist from Washington state crushed in March 2003 when she put herself between an Israeli army bulldozer and a Palestinian home it was about to demolish in Rafah, on the Egyptian border. The International Solidarity Movement, of which she was a member, claimed the bulldozer driver ran her over deliberately. The Israeli Defence Forces said it was an accident, and that she was killed by falling debris.

The Israeli government said the demolitions were aimed at creating a "security zone" along the border. The Palestinians say they are a form of collective punishment.

"Rachel Corrie lived in nobody's pocket but her own. Whether one is sympathetic with her or not, her voice is like a clarion in the fog and should be heard," Mr Rickman said.

My Name is Rachel Corrie consists of her diary entries and emails home, edited by Mr Rickman and Katharine Viner, features editor of The Guardian. It won the best new play prize at this year's Theatregoers' Choice Awards in London.

- Guardian via commondreams

Captain Wardrobes

Down with Murder inc.