interpreting the constitution
number 80  11.26.06
interpreting the constitution

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one nation, under surveillance

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source:  United Nations
D'Gary
Tribute Page
May Day  
March in
Chicago
verbatim
archive
verbatim                                                                  number 15.5
“The war we fight today is
more than a military conflict…
The Department of Defense has
issued a revised timetable for its
destruction of deadly nerve agents
and other chemical weapons that
extends a deadline set in an
international agreement by 11 years.  
The Chemical Weapons Convention
demands the demolition of the US
military’s stockpile of chemical agents
by the year 2012.  The plan that was
unilaterally adopted by the Pentagon
estimates that the military’s
stockpiles of nerve and chemical
munitions will not be completely
destroyed until 2023.

The extension of the destruction  
timetable has angered communities
nearby the military’s seven chemical
weapons storage facilities located
around the country.  Craig Williams
of the Chemical Weapons Working
Group said that the delay shows that
the Pentagon is ignoring international
treaty obligations and undermining its
“obligation to protect US Citizens.”  

Extending the destruction schedule
for US chemical weapons also
extends the time that the dangerous
agents have to be stored and
protected against theft.    
it's all true
A study of abstinence education
programs funded by the federal
government found that the
majority of programs that receive
federal dollars from the
Administration for Children and
Families have no system in place
to review the medical accuracy of
the educational materials that are
distributed to young adults.  

Although regulations require that
federally supported no-sex-
before-marriage programs only
distribute medically accurate
information, the study, conducted
at the request of Congress by the
Government Accountability
Office, found that that the ACF
“does not review its grantees’
education materials for scientific
accuracy.”  The study also
reported that the agency does
not even require programs that
receive government funds to
review their own materials for
accuracy.  The result of this lack
of scientific accountability has led
to instances where grantees have
told young adults that condoms
do not protect against the spread
of HIV.

The study also found that the
majority of states that receive
ACF money to promote
abstinence to teen-agers do not
conduct reviews of the programs
in their states to ensure the
scientific and medical accuracy of
the information being
distributed.  In instances where
state reviews are performed, the
majority of these studies “do not
meet minimum scientific
standards” required to assess the
programs.                 
it's all true
In an address delivered last week at the
US Air Force Academy, Attorney
General Alberto Gonzalez asserted that
critics of Bush administration surveillance
programs adhere to a definition of
freedom that poses a “grave threat” to
national security. Gonzalez also
dismissed as “myths” a range of criticisms
of the Patriot Act and other aspects of
the “war on terror.”  The comments
appeared to be part of a new, more
aggressive posture by senior
administration officials in defense of
controversial intelligence operations and
practices.

Speaking to the conservative Federalist
Society the day before Gonzalez’
remarks, Vice President Cheney bitterly
assailed the August ruling striking down
the warrantless wiretapping program run
by the National Security Agency. Cheney
said that a federal judge had improperly
intervened in “a matter entirely outside
the competence of the judiciary.”  
Earlier, Homeland Security chief Michael
Chertoff, also speaking before the
Federalist Society, had complained that
“international law is being used as a
rhetorical weapon” against the United
States.

The Attorney General’s speech focused
on questions of civil liberties with regard
to administration anti-terror efforts.
Gonzalez acknowledged that many view
secret domestic surveillance
programs as “stifling freedom.”  But
this definition of freedom, he said, “is
superficial and is itself a grave threat
to the liberty and security of the
American people.”

Cheney attacked the US District
Court ruling against the NSA
program, saying it wrongly attempted
to limit executive branch authority
during wartime, and calling it “an
indefensible act of judicial
overreaching.”   Chertoff warned
that US policy might be unduly
constrained by international bodies
such as the European Union or the
United Nations.                 
it's all true
The new law that establishes procedures
for military tribunals to adjudicate the
detainees now held by the US military at
Guantanamo Bay, Cuba that was agreed
to in September by the Congress and
the Bush administration is reportedly
based upon “Combatant Status Review
Hearings” that took place in 2004 and
2005.  An investigation into the
government’s own records regarding the
limited tribunals afforded over 500
prisoners currently held by the US has
revealed that the military used a
distorted system of justice in the
combatant review hearings.  

The investigation found that all evidence
was withheld from the detainees and the
judicial panels reviewed no witnesses or
evidence in support of the innocence of
the detainees.  Although the hearings
represented the single chance for the
prisoners to defend themselves against
charges that they were terrorists and the
penalty of permanent detention, the
detainees were not allowed legal
representation and were afforded no
more than 90 minutes preparation time
prior to their hearings.

The investigation was performed by a
team of law students at Seton Hall
University under the direction of a law
professor and his son, Mark and Joshua
Denbeaux.  The Denbeauxs currently
represent two of the prisoners held at
the detention facility.

Prisoners did not have attorneys but
were assigned “personal representatives”
to speak for them at the hearings.  
Detainees were advised that the
representatives assigned to them were
not their lawyer or advocate.  In 78
percent of the cases the detainees were
allowed to meet only one time with
their representative and more than half
of these pre-hearing meetings lasted less
than an hour.  In 497 of the hearings no
evidence was presented on behalf of the
detainees.  In 12 percent of the hearings,
the detainee’s personal representative
said nothing at all.

The study reviewed the full details of
102 hearings and government documents
regarding 291 additional hearings that
were either released under the Freedom
of Information Act or provided by
attorneys who represent some of the
detainees.  The US military conducted
558 proceedings between July 2004 and
January 2005 and only 38 inmates were
determined not to be enemy
combatants.  Following the rules set up
for the hearings, none of these 38
detainees were advised that they were
found to be innocent.          
it's all true
The Department of Homeland Security
has initiated an investigation into the
forcible removal of six senior Muslim
community leaders from a US Airways
flight last week at Minneapolis-St. Paul
International Airport. The Muslim
passengers, all imams, were detained for
up to five hours by local police, who
released the men without charge after
questioning them. The six were on their
way back to Arizona and California after
attending a conference of the North
American Imams Federation in
Bloomington, Minnesota. The incident,
which sparked international outrage, was
apparently the result of actions by
individual passengers who relayed their
fears about the “suspicious Arabic men”
to the airline crew.

In addition to the DHS probe, US
Airways has announced that it will
formally investigate the incident, but
company statements have been generally
supportive of the employees involved.  
The Council on American-Islamic
Relations condemned the actions of
both the police and the carrier, and
called for Congressional hearings on
racial profiling of Muslims in the United
States. CAIR executive director Nihad
Awad told the
New York Times that
the Council receives more complaints
about US Airways than other airlines.

In August, 28-year-old substitute teacher
Rima Qayyum was removed from a US
Airways flight and detained for 14 hours
in West Virginia when security guards
thought that cosmetic products in her
possession might be components for
explosives.                          
it's all true
A classified report compiled by the CIA
found no conclusive evidence that Iran is
secretly pursuing a nuclear weapons
development program paralleling its civil
nuclear energy program, as has been
alleged by President Bush and members
of his cabinet. The findings are revealed
in an article in the current issue of
The
New Yorker
magazine, by prominent
investigative reporter Seymour Hersh,
who describes White House reaction to
the CIA document as “hostile.”  Citing
unnamed sources within both the
administration and the intelligence
community, Hersh depicts internal
tensions as a faction led by Vice
President Cheney builds a case for
preemptive military action against Iranian
facilities.

Hersh quoted CIA officials who fear that
intelligence data is being selectively
deployed by those who favor a military
strike. According to the article, “The
White House dismissal of the CIA
findings on Iran is widely known in the
intelligence community.”  Many in that
community feel that the fate of the CIA
report is reminiscent of the so-called
“stovepiping” of intelligence that
preceded the invasion of Iraq in 2003.
Interviewed since the publication of his
piece, Hersh has said that a similar
process is now underway.

Although there has been a great deal of
media speculation as to how sweeping
Democratic victories in the recent
midterm elections would impact Bush
administration foreign policy in the
Middle East, Hersh reports that Cheney,
speaking in October before the
elections, remained unconcerned. The
vice president assured senior staff that
the executive branch would be able
to circumvent any restrictions that
the new Congress might attempt to
impose. It is thought that the White
House will again assert its authority
under the legally controversial theory
of the “unitary executive” if it
decides to act unilaterally against
Iran. In an alternative scenario, the
US could act in response to a
perceived threat to Israeli interests in
the region.

Cheney's top advisor on Middle East
issues, David Wurmser, is known to
be a strong proponent of a
preemptive attack on Iran. Hersh
quoted a Pentagon consultant as
saying that Wurmser and Cheney
"argue that there can be no
settlement of the Iraq war without
regime change in Iran."       
it's all true
Gonzales Defines Freedom as Grave Threat to Freedom
White House Determined to Act Despite Lack of Intelligence
Programs Abstain
From Presenting
Scientific Facts
You Are Not Free to Move About the Country
Kafkaesque Hearings a Model for Orwellian Tribunals
DOD Finds Parting With
Toxic Weaponry Difficult
...It is the decisive ideological
struggle of the 21st century."
  Salt Lake City   UT   08.31.06
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