spread of the red
number 76  10.29.06
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interpreting the constitution

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US casualties in Iraq
October 05 - October 06
as of 10-28-06
100
60
20
10-05                04-06               10-06
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   Links of the Week

Audit on Management of the Iraqi
Interim Government Fund by
Special IG for Iraq Reconstruction

CRS Report: Latin America-
Terrorism issues

Sir Philip Sidney :  
A Defence of Poesie, 1581
Facsimile of the  Ponsonby  
Edition,  1595

Muskrat Hunter - Kotzebue, of  
Nunivak: Library of Congress
photographic archive


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source: Viroqua Institute
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Remarks made by Vice President Cheney
on a talk radio program last week appear
to condone the torture of terrorist
suspects in US custody, specifically
endorsing an internationally banned
interrogation technique known as
“waterboarding.”  The segment touched
off a storm of controversy in which
White House Press Secretary Tony Snow
insisted that Cheney had not approved
of or confirmed the practice, without
offering an alternative explanation for
the vice president’s comments. In a
public appearance, President Bush
reiterated his assertion that his
administration did not torture prisoners,
without directly addressing Cheney’s
statements.
Appearing on Fargo, ND radio station
WDAY, the vice president was asked by
talk show host Scott Hennen, “Would
you agree a dunk in water is a no-brainer
if it can save lives?”

Cheney replied, “Well, it’s a no-brainer
for me. But for a while there I was
criticized as being the vice president for
torture. We don’t torture. That’s not
what we’re involved in.”

Waterboarding is an interrogation
technique that involves strapping a
prisoner to a board, covering his face
with a towel, and then pouring water
onto his face to simulate drowning. In
some cases, the prisoner’s head is
submerged in water. Waterboarding
was used extensively by the
Cambodian Khmer Rouge regime in
the 1970’s, but the practice dates
back to at least 1901, when a US
court martial sentenced an Army
major  to 10 years in prison for using
the technique in the Philippines. In
the late 1940’s, US military courts
prosecuted Japanese soldiers as war
criminals for subjecting their
prisoners to waterboarding during
World War II.

In the same interview, Cheney also
implied that the technique was used
on al-Quaida terrorist suspect Khalid
Sheikh Mohammed.           
its all true
The United States has fallen to 53rd
on an international index that ranks
nations according to freedom of the
press. The Worldwide Press
Freedom Index, published annually by
French media advocacy group
Reporters Without Borders, rates
conditions for journalists in 168
countries. The US slipped nine places
since last year, according to the
group’s report, which noted the
general chilling effect of the Bush
administration’s “war on terror,” as
well as the detention of journalists.

The index ranked four countries--
Iceland, Ireland, Finland, and the
Netherlands-- in first place.
North Korea was at the bottom of
the list, just ahead of Turkmenistan,
Eritrea, Cuba, Burma, and China.
Russia was down nine places to
147th, after the assassination of
journalist Anna Politkovskaya.

The report cited the cases of
Al-
Jazeera
cameraman Sami al-Haj, held
at Guantanamo Bay since June 2002,
and
AP photographer Bilal Hussein,
detained by the US military in Iraq in
April 2006. Neither has been charged
with any offense.                
its all true
The FBI has instituted a civilian training
program to encourage average citizens
to monitor their neighbors and others to
assist the agency in achieving its stated
goal of reducing homeland terrorism.

FBI Citizens Academies are operated by
station commanders in 54 bureau field
offices and are designed to “foster
relationships and understanding”
between the agency and civilians and
“help citizens make their communities a
better and safer place.”  

Civilian trainees are taught a standard
“curriculum” prepared by the agency that
emphasizes information about the threat
of domestic and international terrorism.  
Once the students understand the
threat, FBI special agents and senior
agents who act as trainers provide
instruction on interview techniques,
gathering field intelligence and counter-
intelligence. Civilian students are given
firearms training with live ammunition,
are trained to use a polygraph machine
and are schooled on how to interpret
gang graffiti.  Trainees are also informed
of the FBI’s witness protection
program.  Citizens who participate in the
program must be nominated by an FBI
agent or another civilian who has
undergone academy training to qualify
for acceptance at the academies.  

The agency has recently initiated a FBI
Teen Academy to train children as young
as 14 information gathering techniques.   
In addition to the Teen Academy
program the agency also sponsors the
“Adopt a School” and “Junior Special
Agent” programs.                
its all true
President Bush has signed a law
that authorizes the construction
of a fence on the border between
Mexico and the US.  The fence
required by the new law would
stretch for 700 miles along the
1952-mile southern border in the
states of Texas, California and
Arizona.

The Secure Fence Act of 2006
requires the Department of
Homeland Security to construct a
barrier consisting of “two layers
of reinforced fencing.”  The act
also calls for the installation of
“additional physical barriers,
roads, lighting, cameras, and
sensors.”  The new law was
passed on a vote of 283 to 138,
with 64 Democrats voting for the
border barrier.  Congress has also
authorized DHS to “put fencing
and physical barriers in areas of
high illegal entry" into the US and
appropriated $1.2 billion in
construction funds.

Supporters of more strict
enforcement of border control
laws, including farmers and
ranchers, have criticized the new
legislation because it may
encroach on private property.  
The president of Mexico, Vicente
Fox said that the border fence is
“an embarrassment for the
United States.”  Bush said that
“modernizing” the southern
border will “assure the American
people that we’re doing our
job.”  

The new law also calls for a study
of security along the 4000-mile
border between the US and
Canada.                
its all true
A provision of the Defense Authoriza-
tion Act of 2007 confers upon the
president the power to use military
troops within United States in law
enforcement actions and to quell civil
disturbances.  The new law also accords
the president the power to declare a
state of “emergency” and take command
of the National Guard within the states,
a power that has historically been
invested in the governors of the states
and other state officials.

The law makes revisions to the
Insurrection Act that allow the president
to “employ the armed forces, including
the National Guard” to “restore public
order” under a broad set of vaguely
defined circumstances.  Although the act
cites conditions that would call for the
president to exert his new authority that
include a natural or “health
emergency” and a “terrorist attack or
incident”, the president can use the
military within US borders if he
determines that a “condition” exists that
“opposes or obstructs the execution of
the laws” and if “any class of...people is
deprived of a right” that they are
accorded under the constitution.

Legislators included language in the act
that would require the president to
“notify Congress of the determination
to exercise the authority…as soon as
practicable after the determination and
every 14 days thereafter” during the
state of emergency.  The president,
however, attached a statement to the
bill when he signed it into law declaring
that such a provision would not be
“consistent with the President’s
constitutional authority to withhold
information” from the Congress.
Critics of the new legislation, which
was signed in a private ceremony late
in the evening of October 17, believe
that the new presidential powers
erode or eviscerate the Posse
Comitatus Act of 1878 that prohibits
military personnel under federal
authority from acting as domestic law
enforcement except where expressly
authorized by Congress.

Senator Patrick Leahy (D-VT) said
that the new law “adopts some
incredible changes to the Insurrection
Act which would give the President
more authority to declare martial
law.”  Leahy went on to say that the
act allows the president to “usurp
the Governors control” of the
National Guard in their states and
“subverts solid, longstanding posse
comitatus statutes.”         
its all true
A recently published transcript of
testimony by Attorney General Alberto
Gonzalez before the House Judiciary
Committee earlier this year contains
many tense exchanges as members of
Congress attempt to discover details
about the Bush administration’s
warrantless domestic surveillance
programs. The full transcript reveals the
extraordinary level of secrecy
surrounding the programs, which are
overseen by the National Security
Agency, with the Attorney General
unwilling to confirm minor procedural
details for the committee. As the
hearing proceeds, even senior Republican
representatives begin to express their
frustration with the administration’s
apparent disregard for Congressional
oversight of executive branch activities.

The hearing was held April 6, two
months after Gonzalez had appeared
before the Senate Judiciary Committee
to face similar questioning. In each
instance, the Attorney General delivered
a prepared statement providing a general
outline of the Justice Department’s legal
justification for the secret
implementation of the unprecedented
wiretapping and data-gathering programs,
which were disclosed through leaks and
whistleblower testimony. In subsequent
questioning, Gonzalez is careful not to
elaborate on his original statement, but
the dialogue gives some indication of the
administration’s concept of expanded
executive authority.

In responding to questions about the
legal review process that preceded the
implementation of the NSA programs,
Gonzalez repeatedly replies that the
information the committee is seeking is
classified. He also professes not to know
the answers to more than 20 specific
queries during his testimony. At one
point committee chairman James
Sensenbrenner (R, WI) becomes annoyed
with Gonzalez’ “stonewalling,” asking,
“Mr. Attorney General, how can we
discharge our oversight responsibilities if
every time we ask a pointed question we
are told that the answer is classified?”

Despite the perceived lack of
cooperation, the testimony does provide
occasional insights into the White House
rationale for excluding Congress and the
Foreign Intelligence Surveillance Act
Court from its deliberations. Several of
Gonzalez' responses seem to imply  a
view that FISA itself may improperly limit
the authority of the President in his role
as Commander in Chief. The transcript
includes about 100 pages of follow-up
questions and answers that were
completed in September.         
its all true
Snow Can't Water Down Cheney's Overboard Comments
State of Emergency Laws Reduce Congress to Comatose Posse
Border Wall Won't
Mend Any Fences
Academies Attend to Amateur Agents
Attorney General Makes Reluctant Witness
Freedom of Press in US
Under Increasing Duress
verbatim                                                                                                                                             number 15.1
"It kind of eased us off the moral high ground."    
  
                                               Washington D.C.  10.11.06