interpreting the constitution
number 30     11.20.05
Senate Seeks to Overturn Supreme Court on Detainees
Faced with widespread protests from
legal scholars and human rights groups,
members of the United States Senate
voted last week to amend a
controversial proposal limiting access to
US courts for detainees being held in the
military prison at Guantanamo Bay,
Cuba.  A compromise co-authored by
Republican Lindsey Graham of South
Carolina and Democrat Carl Levin of
Michigan would allow limited judicial
review of the status of some prisoners.  
But critics maintained that the new
amendment still effectively strips the
detainees of their right to Habeas
Corpus, creating a class of prisoners that
can be denied due process.
Graham had sponsored the original
proposal, which would have denied all
US courts, including the Supreme Court,
jurisdiction to consider legal challenges
to the detention of foreign terror
suspects at Guantanamo Bay.  This
amendment sought to overturn a June
2004 Supreme Court ruling that affirmed
the detainees' right to Habeas Corpus.  
The Bush administration has argued that
terror suspects may not challenge their
detention in US courts.

The compromise approved by the
Senate restores minimal rights of appeal
for  certain prisoners.  Under the new
guidelines, any detainee sentenced to
to death or at least ten years in prison
by a military tribunal has an automatic
appeal to the US Court of Appeals for
the District of Columbia Circuit.  The
compromise also restores federal
court jurisdiction over the standards
and procedures of the military
tribunals.  The US Supreme Court
recently announced that it would
consider the legality of the tribunals.

A spokesman for the ACLU said that
"Today's vote is a step in the right
direction but still does not adequately
restore the rule of law that the
Senate abandoned last week."
                                
its all true
interpreting the constitution

crowd control

spread of the red

one nation, under surveillance

fun d' mental

in bed with the red

red state rebate

verbatim
in bed with the red
fun d' mental
Congress Inoculates  Pharmaceutical Industry Against Lawsuits
Wisconsin Abstains
from Focus on
Health and Safety
Republican leaders in both the Senate and
House have drafted legislation that
would give pharmaceutical companies
broad immunity from liability lawsuits,
requiring proof of willful misconduct by
manufacturers or distributors of
defective vaccines. The proposal would
also bar all punitive damages in such
lawsuits, and limit pain and suffering, and
noneconomic damages to $250,000.
Proponents of the legislation argue that
limiting lawsuits will help to promote the
development of new vaccines, while
critics claim that the measure simply
enacts protections sought by the drug
industry for decades.

President Bush recently called upon
Congress to approve an emergency
appropriation of over $7 billion for the   
development of a stockpile of vaccines
and antiviral drugs. Citing fears of a
possible  avian flu pandemic, the
administration pushed for economic
incentives for the drug manufacturers to
increase their production capacity.
Senator Judd Gregg (R, N.H.) told the
Washington Post "You're not going to
get vaccine production in the US unless
you have liability protection."

But opponents of the legislation point
out that legal protections for the
pharmaceutical industry are already in
place, and the broad immunity currently
being sought may well extend beyond
the emergency situations for which it is
being contemplated. In a statement,
Senator Edward Kennedy (D, Ma.) said,  
"The Republican leadership in Congress
is trying to do another special favor for
the drug companies by slipping  a
provision into a massive spending bill to
absolve the pharmaceutical industry of
any responsibility to patients injured by
dangerous drugs or vaccines, with no
compensation for those who are
harmed."

The broad protections for the drug
makers in the current legislation are
very similar to provisions in the 2002
Homeland Security Bill which were
eventually withdrawn by their
Republican sponsors. Some observers
of the pharmaceutical industry warn
that the drug companies will attempt
to secure blanket lawsuit immunity
each time a public health crisis looms.
A statement by the  National Vaccine
Information Center said "Questions
have been raised as to whether
irrational fear about bird flu is being
generated in an attempt to stampede
Congress into passing liability
protection the pharmaceutical
industry has been seeking for  40
years."
The Wisconsin State Senate has
passed a bill which would mandate
the inclusion of abstinence
education in the state's required
human growth and development
classes.  The bill specifies that
teachers advise students that
abstinence is the "preferred
choice of behavior" for unmarried
people.

State Senator Mary Lazich (R)
sponsored the legislation to
respond to what she sees an over
emphasis in the state's curricula
on contraception and safety.  Sen.
Lazich said that she sponsored the
bill because "abstinence should be
taught to students
unapologetically".

Cleo Phippen of the Wisconsin
Abstinence Coalition said that her
organization supported the
measure because setting a moral
example for teens is important
for the state legislature.  The
Family Research Institute told the
Milwaukee Journal-Sentinal
that they applauded the senate's
sending a "very strong-very clear-
abstinence message."

State's Assembly person Tamara
Gringsby (D) entered a bill into
the State's Assembly responding
to the Senate's abstinence bill.  
Rep Grigsby's bill would require
the teaching of subjects such as
self esteem and parental
communication and also provide
information about birth control.

Milwaukee consistently has one of
the nation's highest incidence of
teenage pregnancy.     
    its all true  
 
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spread of the red
Texas Town Sells Out for 24
Hour Extreme Fighting Network
A small town in Texas has voted to
adopt the name of a Colorado based
provider of satellite television
programing.  The town Clark, TX
changed its name to Dish, TX earlier this
month when its two member city
council voted to approve the proposal
after a town meeting where residents
could express their support or criticism
of the contractual agreement.

Dish TX is a rural town of 125 people
about fifty miles north of Fort Worth.  
The town has 55 homes an airport and a
manufactured homes sales business.

The agreement between the town of
Dish and Echo Star Communications
guarantees residents of the town free
TV service for ten years in exchange for
the town's agreement to permanently
change its name to the name of the
company's product, Dish Network
Satellite TV service.

The deal gives residents Dish Network's
package of 70 channels of television and
would cost the company about $4500
per household over the term of the
contract. Echo Star's president Michael
Newman said Dish Network re-branded
the town and now its citizens will
become "evangelists for better TV".  The
mayor of Dish views the contract for
corporate naming rights of the town as a
"rebirth" for the community.  

Other towns which have sold their
names to corporations include,
Half.com, OR (a one year contract) and
Truth or Consequences, NM (named in
the 1950's).                            
its all true
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 Links of the Week

Ghost of Elvis/Son of a President
by Bone Daddy

The Bush Crime Family:links to
articles from multiple sources

Portions of Pentagon Working
Group Draft Report on
Interrogation Methods-White
House 'Torture Memos' 03-2003

President George W. Bush
reiterates his famous statement:
'Who cares what you think' to
American media in 2005

contact us
Pentagon Doesn't Like Homeland Security
Poking Around in Their Business Either
red state rebate
Senators Find
Need for Boeing
Airplane Contract
Republican House leaders have publicly
expressed their concern that the
Pentagon is attempting to evade
congressional control over its
intelligence gathering initiatives.

Members of the House Intelligence  
Committee recently expressed their
concerns that the Pentagon is sheltering
specific human intelligence gathering
activities from congressional oversight by
re-classifying some of its spy programs as
"special access" programs which cannot
be disclosed for security reasons.

While the Pentagon's budget for
intelligence collection is not disclosed to
the public, analysts have noted that since
September 2001 the Pentagon has
aggressively expanded the role of spying
in its overall operations. The Pentagon is
believed to have given greater authority
and operational funding to both special
Operations forces and the Defense
Intelligence Agency to carry out human
intelligence gathering.  Such functions
have in the past been carried out by the
CIA, the budget for which is negotiated
in congress.

The Pentagon's decision to remove
some of its spying activities out of the
purview of congressional oversight
coincides with the development of the
operational authority of the newly
created Office of the Director of
National Intelligence (DNI).  The DNI
was created within the Department of
Homeland Security after 9-11 responding
to congressional criticism that
intelligence agencies did not share
information adequately.  The DNI is
charged with overseeing 15 intelligence
agencies including the Military
Intelligence Program.

It was the Pentagon's movement of
some of its intelligence programs from
the Military Intelligence Program to
special access programs that caused
concern in some Republican lawmakers.

Representative Peter Hoekstra (R/MI),
chairman of the House Intelligence
Committee, told the
New York Times
that "the DOD is trying to create parallel
functions to what is going on in
intelligence, but calling it something else."

Last June the Committee called for the
Pentagon to provide "complete visibility
into some defense programs" before it
would fund its 2006 budget.  Defense
industry experts estimate that the US
spends approximately $80 billion each
year on spying.                        
its all true
The US Senate approved the
purchase of six Boeing C-17 cargo
aircraft in spite of the fact that the
airplane was recently determined by
the Department of Defense to be
unneeded. The cost for the six
planes is estimated to be one billion
dollars.

The DOD's Mobility Capabilities
Study advised congress that the C-17
was no longer needed in the study,
an assessment of Pentagon
equipment requirements going
forward.  That report was challenged
by members of the Senate in whose
states Boeing has assembly plants and
the military has training facilities.  
The senate ordered another review
of equipment needs and the C-17
was found to be a necessary program.

Sen. Diane Feinstein (D-CA)
announced that the procurement of
the C-17 is a "vital" component in
America's war on terror.  Boeing
officials said that jobs would be lost  
if there was a lapse in orders.             
                                          
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redstateupdate.net
verbatim                                                                 number 5.6
…and that's
irresponsible."
Anchorage AK  11.14.05
"Some Democrats who
voted to authorize the use
of force are now rewriting
the past. They are playing
politics with this issue and
they are sending mixed
signals to our troops and the
enemy....
 
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source: uspublicdiplomacy.org
Murder rates for various
countries-year 2004
2000      6000       8000    10,000
Mexico-13,829
US-12,658
France-1051
UK-850
Norway-49