interpreting the constitution
number 79  11.19.06
interpreting the constitution

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"You work three jobs ...
uniquely American, isn't it?"
                       
                                         Omaha NE 02.04.05
The CIA recently confirmed the
existence of classified directives that call
for the construction of ‘black site’
detention facilities outside of the US and
create guidelines for the harsh
interrogation of terror suspects.  One of
the memos, which were used by the CIA
as guides to the detention and treatment
of “enemy combatants”, was signed by
President Bush.

The memo authored by Bush was
described as a directive that gave the
CIA the authority to establish
clandestine prison camps in foreign
nations to house terror suspects that the
agency had in some cases kidnapped off
the streets of European cities so they
could be interrogated.  Over the past
four years the CIA is alleged to have
created detention centers in several
countries including Uzbekistan, Israel and
Saudi Arabia.

The other memorandum was sent by the
Justice Department to the CIA in 2002
and was described by the ACLU as a
“Justice Department legal analysis
specifying interrogation methods that
the CIA may use against top Al-Qaeda
members.”

The revelation came in a letter sent to
the American Civil Liberties Union by
CIA attorneys in response to a two-year-
old freedom of information lawsuit.
The agency’s general counsel
disclosed that the memos existed but
refused to release the documents to
the ACLU stating that to do so
would threaten national security.

The memorandums had not been
acknowledged to exist by the  White
House but reports of ‘black site
prisons’ suggested that such directives
had been communicated by the
administration.  Sen. Patrick Leahy
(D-VT) sent a letter to the Justice
Department asking for the release of
the documents.  Leahy said that "the
public has a right to know " if the
president "authorized the CIA to
torture its prisoners."      
its all true
The Bush administration said that
immigrants in the US could be held
without charge indefinitely as “terror
suspects” and never be able to challenge
their detention in a court of law.  

The assertion was made in court
documents filed in the case of Ali Saleh
Kahlah, a student from Qatar who was
arrested in the US in 2001 and accused
of being affiliated with al Qaida.   The
Justice Department argued that Kahlah
was an “enemy combatant” and under its
interpretation of the recently passed
military tribunal law, Kahlah has no legal
rights in US civil or criminal courts.  
Under the military tribunal law the broad
definition of enemy combatant includes
any person who has “purposefully and
materially supported hostilities against
the United States.”   

In a separate court filing, Lawyers for the
Justice Department argued that hundreds
of lawsuits by detainees challenging their
detention now in the US court system
should be dismissed and that the new
military tribunal law applies to any
person so designated by the president,
no matter where they were captured or
where they are being imprisoned.

The staggering and unprecedented
challenge came within weeks of similar
motions made in other court cases
involving the unlawful detention of
hundreds of terror suspects held by the
US military like Kahlah, who is confined in
a brig in South Carolina, and others held
abroad.   Lawyers for the detainees
point out that it is the first time in US
history that immigrants or non-citizens
held by the US government have
absolutely no right under US law to
challenge their imprisonment.

The Justice Department said that, under
its interpretation of the new tribunal
law, detainees have “unprecedented”
rights.  It noted, however, that giving
detainees the right to challenge their
imprisonment in civilian courts would
“severely impair the military’s ability to
defend this country.”  

Justice Department attorneys argued
that “Congress could have simply
withdrawn jurisdiction” from the
military, but they chose to deny
detainees the right to the US court
system.  Civil rights lawyers have
criticized the Justice Department's
expansive interpretation of the Military
Tribunal Act and members of Congress
have said that they intend to amend the
tribunal law, perhaps reestablishing the
right of detainees to challenge their
detention in the US courts.  
its all true
An investigation by the Center for
Investigative Reporting found that at
least two-dozen of the 249 judges
who were under consideration for
lifetime appointments to the federal
bench since 2001 gave targeted cash
donations to politicians who were
key in the appointment process.

The study found that the 24
candidates for the appellate court
and district gave more than $44.000
to key Republican politicians and
some candidates even donated to the
campaign of George Bush as well.

The Center found that “23 percent
of Bush-appointed appellate judges
(11 out of 47) and more than 16
percent of Bush-appointed district
judges (34 out of 202) gave campaign
contributions.”  Many of the judge's
donations went to home state
Senate candidates who tend to have
influence in the federal judicial
nomination process.

Although such campaign donations
are not illegal, many government and
legal scholars believe that political
contributions by judicial candidates
are inappropriate.    
its all true
Unusually mild conditions in
southwestern Siberia are
preventing bears from beginning
their winter hibernation on time,
another symptom, according to
scientists, of climate change in a
particularly sensitive area of the
world. The bears have continued
to forage for several weeks
beyond their normal cycle, as
regional temperatures remain so
warm that fresh buds have
appeared on trees. Local officials
fear that the prolonged season
will increase incidents of human
contact with the foraging bears.

The region, near Kemerovo in
Siberia, is typically in the grip of
winter by this time of year. But
warmer and abnormally wetter
conditions have extended the pre-
hibernation period for the bears.
According to environmental
researchers, the animals have yet
to prepare their dens for
hibernation, which normally lasts
about six months.

The news out of Siberia comes in
the same week as the release of a
study by the National Oceanic
and Atmospheric Administration
that documents the extensive
effects of global warming on the
Arctic. The report, “The State of
the Arctic,” presents the results
of a yearlong project involving 20
researchers from seven countries.
They found evidence of serious
reductions in annual sea ice, and
continued melting of millions of
square miles of Arctic permafrost.
Environmental consequences of
the melting of the permafrost
were previously reported by
redstateupdate.            its all true
President Bush has named the
controversial head of the federal agency
in charge of US government overseas
broadcasting to a second term in office,
despite calls by congressional Democrats
for his ouster in the wake of apparently
documented misconduct during his first
term.

Kenneth Tomlinson was reappointed as
chairman of the Broadcasting Board of
Governors, which directs US media
outlets including the Voice of America,
Radio Free Europe/Radio Liberty, Radio
Free Asia, Radio Marti, and TV Marti.
The former head of the Corporation for
Public Broadcasting, Tomlinson was the
subject of an investigation by the State
Department’s inspector general. A
report released in August concluded that
Tomlinson had misused government
funds during his first term, and noted
that a separate investigation was
underway into allegations that the
chairman had improperly directed some
$245,000 worth of agency contracts to a
friend. The report stated that Tomlinson
overcharged the government for his
hours, and used agency funds for his
private horseracing business.

The Senate never acted on the Bush's
original appointment of Tomlinson in
January 2005. A divisive figure after his
chairmanship of CPB, his confirmation
stalled in the Senate Foreign Relations
Committee. As in the case of UN
Ambassador John Bolton, a provision in
the confirmation procedure allows
Tomlinson to serve even in the absence
of a vote in the Senate. The new term
will expire in August 2007.       
its all true
Senate Democrats and legal scholars
have reacted with dismay to President
Bush’s renomination of six candidates for
the federal judiciary who previously failed
to win confirmation by the Republican-
controlled Congress. The move was
seen by many as a provocative gesture by
the White House just one week after
heavy Republican losses in the midterm
elections, and as a signal of a defiant
stance on judicial nominees for the
incoming Senate, in which the
Democrats will have a slim majority. In a
speech to the conservative Federalist
Society on Friday, Vice President Cheney
assured his audience that the
administration would continue its policy
of appointing so-called “strict
constructionist” judges to the federal
courts.

At the same event on Friday, Republican
Senator Mitch McConnell of Kentucky
told members of the Federalist Society
that he will demand a vote on the six
controversial nominees, threatening to
obstruct legislation in the next session of
the Senate if Democrats maneuver to
block their appointments. McConnell
will become the minority leader in
January. According to observers, a bitter
confrontation over the appointments
now seems inevitable, despite the
customary oaths of bipartisanship issued
by both parties after the elections.

The nominees include Terrence Boyle of
North Carolina and William James
Haynes II of Virginia for the Fourth
Circuit Court of Appeals in Richmond,
Virginia; Michael Brunson Wallace of
Mississippi for the Fifth Circuit in New
Orleans; William Gerry Meyers III and
Norman Randy Smith, both of Idaho, for
the Ninth Circuit in San Francisco;
and Peter Keisler of Maryland for the
District of Columbia Circuit Court.
All six appointments stalled in the
Senate Judiciary Committee.

Judiciary Committee member Sen.
Charles Schumer (D, NY) told the
Washington Post that none of the
candidates would be confirmed,
saying their renominations were “a
real slap in the face.”  Incoming
Judiciary Committee Chairman Sen.
Patrick Leahy (D, VT) dismissed the
White House move as an attempt to
placate the Christian right wing of
the Republican Party. "Advice and
consent does not mean giving the
president a free pass to pack the
courts with ideologues from the right
or the left," Leahy told the
Associated Press.            its all true
Political Payouts
May Demonstrate
Questionable Judgement
Immigrants Assured They Won’t Be Deported
Crony Benefits From 3 Strikes and You're In Policy
Judicial Re-Nominations a Preemptive Strike Against Congress
Bears Losing Sleep
Over Global Warming
President Signed Secret Order Setting Up Secret Prisons
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