Sunday, February 19, 2006

Story of Cheney's Hunting Accident Filled With Discrepancies

ABC News
VP Accident Tale Filled With Discrepancies
Story of Cheney's Hunting Accident Filled With Discrepancies
By CALVIN WOODWARD
The Associated Press

WASHINGTON - Vice President Dick Cheney said he didn't immediately disclose his hunting accident because he wanted the confusing details to come out right. Instead, authorized accounts came out slowly and often still wrong.

The result: a week of shifting blame, belatedly acknowledged beer consumption (not "zero" drinking after all) and evolving discrepancies in how the shooting happened, its aftermath and the way it was told to the nation.

"There's a reason they call this crisis management," said corporate damage-control specialist Eric Dezenhall, "and that's because it's a mess."

BLAME

In the first days after the vice president wounded attorney Harry Whittington while shooting at quail last Saturday in Texas, blame was placed on the victim for not announcing his presence to fellow hunter Cheney.

"The vice president did everything right," Katharine Armstrong, the ranch owner approved by Cheney to disclose the accident, said Monday. Whittington, 78, should have shouted that he was rejoining the hunting group after drifting off to retrieve a downed bird. "The mistake exposed him to getting shot," she said. "It's incumbent on him. He did not do that."

The White House picked up on that theme the same day in attempting to deflect any responsibility from the vice president. "If I recall," Bush spokesman Scott McClellan said of Armstrong, "she pointed out that the protocol was not followed by Mr. Whittington, when it came to notifying the others that he was there."

The about-face came Wednesday when Cheney made his first public comment on the accident.

"It was not Harry's fault," he said. "You can't blame anybody else. I'm the guy who pulled the trigger and shot my friend."

DRINKING

Although there is no evidence that beer impaired Cheney's judgment, initial denials that he had consumed alcohol were wrong.

"No one was drinking," Armstrong said at the outset. "No, zero, zippo." She said the hunters washed down lunch with Dr Pepper. Later, she qualified her comments and said beer might have been in the cooler but she did not think anyone drank any.

The investigating officer from the Kenedy County sheriff's department, after interviewing Whittington in the hospital, reported that the victim "explained foremost there was no alcohol during the hunt."

Authorities did not investigate the accident until the next day. The Texas Parks and Wildlife accident report, dated two days after the shooting, checked "No" on the question of whether Cheney appeared under the influence of intoxicants. It did not address whether the hunters had been drinking at all. (The report also included a diagram depicting Whittington's wounds on the wrong side of his body.)

Cheney acknowledged Wednesday, "I had a beer at lunch" several hours before the group's afternoon hunt, asserting "nobody was under the influence."

VICTIM'S CONDITION

In the rush to assure everyone Whittington was "just fine," some important details were left out.

Initial reports had him treated at the scene, then taken by ambulance to the hospital, where in no time he was cracking jokes with the nurses. It turned out that after being taken to the emergency room of a local, small hospital, he was flown by helicopter to the intensive care unit of the larger hospital in Corpus Christi.

According to Armstrong's initial account of the accident scene: "He was talking. His eyes were open." Later, Cheney said that when he rushed up to the stricken man and talked to him, Whittington had one eye open and did not respond. He was, however, conscious.

Doctors said Tuesday that Whittington suffered a mild heart attack while in the hospital when one of the pellets migrated to his heart. He was released Friday.

LICENSE

Cheney did not have all his hunting papers in order, as suggested by the White House and initially stated by Texas authorities.

On Sunday, a spokesman for the Texas Parks and Wildlife Department said Cheney was legally hunting with a license he bought in November. While that was true, the department's accident report the next day stated that he was in violation of a law requiring him to have an upland game bird stamp.

DISCLOSURE

The accident raised questions about the flow of information into and out of the White House communications apparatus.

Asked why no one released news of the shooting on Saturday night, McClellan said "the vice president's office was working to make sure information got out" but that details were slow to reach Washington that evening.

Armstrong, for her part, said

no one at the ranch even discussed releasing the news on Saturday.

She said her family realized Sunday morning that it would be a story and decided to call the local newspaper, the Corpus Christi Caller-Times. She said she then discussed news coverage with Cheney for the first time.

"I said, 'Mr. Vice President, this is going to be public, and I'm comfortable going to the hometown newspaper,'" she told The Associated Press. "And he said, 'You go ahead and do whatever you are comfortable doing.'"

TELLING WASHINGTON

McClellan said President Bush was told shortly before 8 p.m. EST Saturday that Cheney had shot Whittington, less than half an hour after Bush first heard there had a been an accident of some sort involving Cheney's hunting party. Confirmation that Cheney was the shooter was obtained when deputy chief of staff Karl Rove called Armstrong, McClellan said.

However, McClellan said he didn't personally know Cheney was the shooter until the next morning, about 6 a.m. EST Sunday, when he was awakened with the news.

He said he only knew the previous evening that someone in Cheney's party had been involved in a hunting accident.

Read More...

In N.C., GOP Requests Church Directories

washingtonpost.com
In N.C., GOP Requests Church Directories
By Alan Cooperman
Washington Post Staff Writer

The North Carolina Republican Party asked its members this week to send their church directories to the party, drawing furious protests from local and national religious leaders.

"Such a request is completely beyond the pale of what is acceptable," said the Rev. Richard Land, head of the Ethics and Religious Liberty Commission of the Southern Baptist Convention.

During the 2004 presidential race, the Bush-Cheney campaign sent a similar request to Republican activists across the country. It asked churchgoers not only to furnish church directories to the campaign, but also to use their churches as a base for political organizing.

The tactic was roundly condemned by religious leaders across the political spectrum, including conservative evangelical Christians. Ten professors of ethics at major seminaries and universities wrote a letter to President Bush in August 2004 asking him to "repudiate the actions of your re-election campaign," and calling on both parties to "respect the integrity of all houses of worship."

Officials of the Republican National Committee maintained that the tactic did not violate federal tax laws that prohibit churches from endorsing or opposing candidates for office, and they never formally renounced it. But Land said he thought the GOP had backed down.

"I heard nothing further about it, so my assumption was that it stopped, at least at the national level," he said.

Yesterday, the Greensboro News & Record reported that the North Carolina Republican Party was collecting church directories, and it quoted two local pastors as objecting to the practice. The Rev. Richard Byrd Jr. of Cornerstone Baptist Church in Greensboro said anyone who sent in a directory "would be betraying the trust of the membership," and the Rev. Ken Massey of the city's First Baptist Church said the request was "encroaching on sacred territory."

Chris Mears, the state party's political director, made the request in a Feb. 15 memo titled "The pew and the ballot box" that was sent by e-mail to "Registered Republicans in North Carolina."

Mears said the "Republican National Committee has completed a study on grass-roots activity that reveals that people who regularly attend church usually vote Republican when they vote."

"In light of this study's findings, it is imperative that we register, educate and get these potential voters from the pew to the ballot box. To do this we must know who these people are," the memo continued.

"I am requesting that you collect as many church directories as you can and send them to me in an effort to fully register, educate and energize North Carolina's congregations to vote in the 2006 elections," it said.

It added that the "North Carolina Republican Party holds your church's directory in strict confidence" and will not use it "to solicit church members for any other reason."

William Peaslee, the party's chief of staff, told the Greensboro newspaper that Republicans also gather lists of gun owners and military families. "In doing voter registration, you always go to where you base is," he said. Peaslee did not return messages from The Washington Post yesterday.

Read More...

Scholars rate worst presidential errors (excluding the current president)

USA TODAY
Scholars rate worst presidential errors (excluding the current president)

LOUISVILLE (AP) — From engaging in sexual relations with an intern to letting the Vietnam War escalate, U.S. presidents have been blamed for some egregious errors.

So who had the worst blunder? President James Buchanan, for failing to avert the Civil War, according to a survey of presidential historians organized by the University of Louisville's McConnell Center.

The survey's top 10 presidential blunders were announced Saturday during a President's Day weekend conference called "Presidential Moments."

"We can probably learn just as much — or maybe even more — by looking at the mistakes rather than looking at why they were great," said political scientist and McConnell Center Director Gary Gregg.

Scholars who participated said Buchanan didn't do enough to oppose efforts by Southern states to secede from the Union before the Civil War.

The second worst mistake, the survey found, was Andrew Johnson's decision just after the Civil War to side with Southern whites and oppose improvements in justice for Southern blacks beyond abolishing slavery.

"We continue to pay" for Johnson's errors, wrote Michael Les Benedict, an Ohio State University history professor emeritus.

Lyndon Johnson earned the No. 3 spot by allowing the Vietnam War to intensify, Gregg said.

Where does Bill Clinton's Monica Lewinsky scandal rank? Many scholars said it belonged at No. 10, saying that it probably affected Clinton's presidency more than it did American history and the public.

The rest of the top 10 blunders:

•4: Woodrow Wilson's refusal to compromise on the Treaty of Versailles after World War I.

•5: Richard Nixon's involvement in the Watergate cover-up.

•6: James Madison's failure to keep the United States out of the War of 1812 with Britain.

•7: Thomas Jefferson's Embargo Act of 1807, a self-imposed prohibition on trade with Europe during the Napoleonic Wars.

•8: John F. Kennedy allowing the Bay of Pigs Invasion that led to the Cuban Missile Crisis.

•9: Ronald Reagan and the Iran-Contra Affair, the effort to sell arms to Iran and use the money to finance an armed anti-communist group in Nicaragua.

Find this article at:
http://www.usatoday.com/news/washington/2006-02-18-presidential-goofs_x.htm?csp=34

Read More...

Promise to Shore Up Ethics Loses Speed

washingtonpost.com
Promise to Shore Up Ethics Loses Speed
GOP Schedule Slips In House; Senate Panels to Act Soon
By Jeffrey H. Birnbaum
Washington Post Staff Writer

The rush to revise ethics laws in the wake of the Jack Abramoff political corruption scandal has turned into more of a saunter.

A month ago, Republican leaders in Congress called legislation on the topic their first priority, and promised quick action on a measure that would alter the rules governing the interaction between lawmakers and lobbyists.

But now they do not anticipate final approval of such a measure until late March at the earliest.

The primary holdup is in the House. Republican lawmakers left Thursday for a week-long recess without agreeing on a proposal that would serve as a starting point for debate. Speaker J. Dennis Hastert (R-Ill.) had been working with House Rules Committee Chairman David Dreier (R-Calif.) to devise such a plan and had expected to finish by now.

Their progress was slowed by the election two weeks ago of a new majority leader, Rep. John A. Boehner (R-Ohio), who has a different notion of what "reform" should entail and who challenged parts of Hastert's plan.

In mid-January, Hastert proposed broad new restrictions on lobbying, including a ban on privately funded travel for lawmakers and tight limits on meals and other gifts.

But Boehner and many rank-and-file Republicans objected to his recommendations and have said they would prefer beefing up disclosure of lobbyists' activities rather than imposing new restrictions.

As a result, House Republicans are still talking about where to begin. "The speaker wants to gain a consensus on this legislation, introduce it . . . and complete it by the end of March so he can get onto other business," said Ronald D. Bonjean Jr., Hastert's spokesman.

Previously, Hastert's office had said it wanted to finish work by mid-March.

Government watchdog groups are disappointed by the pace. "Particularly in the House, the progress is very slow and may end up with very little reform," said Melanie Sloan, executive director of Citizens for Responsibility and Ethics in Washington.

Talks on the issue among House Republicans will go on through the break and continue when lawmakers return at the end of this month, Bonjean said. The measure that emerges would then go through the committee process before reaching the floor, he added, a procedure that commonly takes weeks or months.

"It's important that the leadership listen to all the House Republican members' ideas on the issue before moving forward so we have thought through every possibility," Bonjean said.

The Senate, which started out lagging behind the House, plans to move its legislation first. The Senate Homeland Security and Governmental Affairs Committee has scheduled a drafting session for a lobbying bill during the week that begins Feb. 27. The Senate Rules and Administration Committee plans to write its own bill on Feb. 28.

Senate Majority Leader Bill Frist (R-Tenn.) has said that he wants to take up the lobbying issue on the floor the following week. As of last week, however, senior Republican aides in the Senate did not know how the two separate measures would be dealt with at that time.

Nonetheless, both bills that are going to be considered by the Senate panels are likely to lean toward expanding disclosure requirements rather than proscribing lawmakers' behavior.

The starting point for the governmental affairs committee's session will be a proposal by Sen. John McCain (R-Ariz.), a committee spokeswoman said. The McCain plan would require lobbyists to disclose all gifts of $20 or more and would increase disclosure of privately paid trips, but would not impose a ban.

The rules committee's deliberations will begin with a bill by its chairman, Sen. Trent Lott (R-Miss.), in consultation with the panel's senior Democrat, Sen. Christopher J. Dodd (Conn.).

Although that proposal is not yet complete, Lott is known to favor additional transparency for lobbying and campaign fundraising. "He's expressed a belief that when everybody knows what's going on, we're that much farther along to improving the system," Lott spokeswoman Susan Irby said.

Irby added that Lott would also consider other proposals that deal with gifts, meals, travel, former senators' access to the Senate floor, and the so-called revolving-door question: How long a former lawmaker or congressional staffer must wait before returning to Capitol Hill to lobby former colleagues.

Lott's committee will also propose ways to rein in so-called earmarks, which are narrowly focused appropriations that benefit individual communities and companies. These have become controversial as they have proliferated over the past decade.

The McCain bill would double to two years the length of time that former congressional officials are barred from lobbying. Lott's position on that issue is not known. The House voted Feb. 1 to bar former lawmakers from going onto the House floor or using the House gymnasium.

McCain would vastly expand the amount of detail that lobbyists would be required to report about their meetings with lawmakers and their aides. In addition, he would mandate the disclosure of grass-roots lobbying for the first time.

Currently only direct lobbying of lawmakers needs to be disclosed. McCain would ask lobbyists to report in some detail how much indirect lobbying, such as organizing voters back home, they do. The senator would also require lobbyists to reveal the amount of money they contribute to lawmakers and their pet causes.

Outside groups including the U.S. Chamber of Commerce have complained about proposals, including McCain's grass-roots plan, that they said would burden lobbying groups such as themselves with additional paperwork and potentially chill public debate. They also have protested as excessive and counterproductive proposals that would cut into their ability to take lawmakers and staff aides on educational trips.

Democrats have offered a variety of proposals that would impose stiff restrictions on privately paid meals and travel and, like McCain, would add grass-roots disclosures to the existing regimen.

Once the lobbying legislation hits the Senate floor, no one can predict what will happen. According to a senior Republican aide who declined to be identified because of the sensitivity of the legislation, the bill could begin with a limited amount of disclosure enhancements, but could end up banning lobbyist gifts and travel.

"The politics of this is so explosive that there's the possibility that anything that's put out there might be trumped and senators would be unable to vote 'no,' " the aide said.

Read More...

After Her War Injury, an Iraq Vet Takes on Politics

washingtonpost.com
After War Injury, an Iraq Vet Takes on Politics
By Peter Slevin
Washington Post Staff Writer

CHICAGO, Feb. 18 The smiling candidate in rimless eyeglasses and a long woolen skirt maneuvers carefully among tables and chairs as she works a crowded Starbucks. She is taking small steps, and the reason for the slight awkwardness in her gait is not instantly clear.

Reaching to shake hands with a voter, she says: "You may have heard of me. I'm the Iraq war vet who's running. I was injured over there." Talking with another, she says: "I actually lost both my legs. I can walk because I got really good health care."

Tammy Duckworth, Democratic candidate for Congress, cannot escape the catastrophic wounds she suffered as an Army helicopter pilot in Iraq. And, for the purposes of her candidacy, she does not want to. For better or worse, her injuries are her signature, her motivator and, she hopes, her ticket into the consciousness of voters in the Illinois 6th District.

"I can't avoid the interest in the fact that I'm an injured female soldier," Duckworth, 37, says in an interview at her campaign headquarters in Lombard, west of Chicago. "Understand that I'm going to use this as a platform."

That is just what a pair of influential Illinois Democrats expected when they recruited her to seek the seat surrendered after 32 years by Republican stalwart Henry J. Hyde. Sen. Richard J. Durbin and Rep. Rahm Emanuel appealed to Duckworth when she was still recovering from her injuries, dissing the up-and-running campaign of fellow Democrat Christine Cegelis, who took 44 percent of the vote against Hyde in 2004.

Duckworth, who considers the Iraq war a mistake, is among about a dozen veterans who served in Iraq or Afghanistan running for federal office this year, at last count all but one of them Democrats. The party leadership is calculating that candidates who wore the uniform can offer a credible counterpoint on national security to Republicans who have dominated the debate from the campaign trail to Capitol Hill.

That's fine with Duckworth. She sees the race -- and pretty much everything else since Nov. 12, 2004, when an insurgent's rocket-propelled grenade exploded at her feet -- as a second chance. "I know this sounds really corny, but I've just got to be more," Duckworth says. "I've got to be more than I was."

At the same time, Duckworth constantly wrestles with the reality of what she no longer is, the moves she can no longer make.

A self-described girlie girl whose favorite color is pink, she watches "America's Next Top Model" and laments not being able to wear feminine shoes. She has ordered special prosthetic "runway feet" that will allow for a two-inch heel.

Then there is the matter of her missing lap. One leg is only 2 1/2 inches long.

"I can't actually hold a soda between my knees in the car," she says. "It's really hard to use a laptop when you only have half a lap."

She half smiles as she says this, able to find wonderment in discovering the novelties of her new self. The smile builds into a laugh as she adds: "But there are positives. My feet don't get cold."

Duckworth still wears pink. She has a baseball jersey that reads, "Dude, where's my leg?"

The daughter of a retired Marine, Duckworth was born in Bangkok, where her father, Franklin Duckworth, did U.N. refugee work and married Lamai Sompornpairin, an ethnic Chinese. She spent much of her youth in Southeast Asia. She joined the ROTC while earning a master's degree in international affairs at George Washington University.

Moving to Illinois to pursue a doctorate, she signed up with the Illinois Army National Guard, asking to train as a Black Hawk pilot. This was partly because she hoped to taste combat, partly because she wanted to show she could match the men.

In her civilian life, she was a manager for Rotary International. As an Army captain, she rose to command 42 soldiers. She was about to transfer when the unit was called to duty in Iraq. She persuaded her superiors to reverse the move, saying, "There was no way I was going to let them go without me."

Of being a pilot, Duckworth says: "I love controlling this giant, fierce machine. I strap that bird on my back and I'm in charge of it and we just go, and it's just power."

On Nov. 12, 2004, after a stop in Baghdad's secure Green Zone for chocolate milkshakes, stir-fry and Christmas ornaments, Duckworth was right where she wanted to be, flying above the treetops at 130 mph.

Chief Warrant Officer Dan Milberg was at the controls when the grenade hit.

Milberg landed the chopper and mistook Duckworth for dead, she said, but helped haul her body, slippery with blood, to a second Black Hawk. Eight days later, she awoke from unconsciousness at Walter Reed Army Medical Center.

For days, husband Bryan Bowlsbey had been at her bedside, repeating over and over: "You were injured. You are at Walter Reed. You are safe."

Unaware she was missing most of both legs, she asked why her feet hurt.

One person who had been to war, and had suffered for it, helped her see the future. He was former Army Lt. Robert J. Dole, wounded World War II vet and later Senate majority leader, who often visited Walter Reed without fanfare.

After a long conversation with him in early 2005, Duckworth understood that she had more to accomplish. She thought about the public service of veterans such as Dole, John F. Kennedy and Sen. Daniel K. Inouye (D-Hawaii), and their Vietnam War-era brethren, Sens. John McCain (R-Ariz.) and John F. Kerry (D-Mass.).

Her public career began shortly after Durbin invited wounded Illinois vets to attend last year's State of the Union address. Duckworth, promoted to major, soon was calling Durbin's office to get help for military families, which led to congressional testimony on military health care.

In March, Duckworth took her first steps on her first set of artificial legs. It took her two minutes to walk 12 feet. She felt exhausted, and elated.

It was summer when Durbin asked her to consider a fresh career. She realized the target was the Illinois 6th, whose boundary lay three miles from the home that friends and strangers remodeled to accommodate her.

She asked herself, "Did I want to do this to my private life?" Still weak, still learning to walk, still trying to strengthen a badly damaged arm that she almost lost, Duckworth chewed it over for two months with her husband, whom she describes as a true partner: "He annoys me. I annoy him. He chews gum with his mouth open. I leave my legs lying around on the floor."

With a boost from her new political friends, Duckworth formally announced her candidacy on Dec. 18 on ABC's "This Week with George Stephanopoulos." In just two weeks, she raised $120,000, giving her more money than Cegelis or the third Democrat in the primary, evangelical Christian Lindy Scott.

Campaigning now under the tutelage of some of the most experienced Democratic strategists in Illinois, Duckworth stresses bread-and-butter issues. She speaks of the expanding reach of the alternative minimum tax and the rising cost of health care. She points out that she still has $70,000 in student loans and has fought through a health crisis.

Duckworth casts abortion and end-of-life decisions as private matters that should lie beyond the federal government's reach. If she wins the March 21 primary, she will face state Sen. Peter Roskam, a well-financed conservative Republican in a historically Republican district.

Whatever happens, she is confident she will be fine. "What the past year has done," she says, "is give me a fearlessness."

Duckworth is the first to say her campaign is about more than Iraq, but it is her opinions on the war that some questioners most want to hear. She tells them she supports the troops and believes the United States must persevere long enough to give Iraqis a chance.

But she believes the decision to invade was an error, and a badly executed error at that.

"I think it was a bad decision. I think we used bad intelligence. I think our priority should have been Afghanistan and capturing Osama bin Laden," Duckworth says. "Our troops do an incredible job every single day, but our policymakers have not lived up to the sacrifices that our troops make every day."

Asked whether she feels she lost her legs on an unworthy mission, she replies: "I was hurt in service for my country. I was proud to go. It was my duty as a soldier to go. And I would go tomorrow."

Duckworth has a recurring dream, often after watching news coverage of the war. She is back in Iraq, at the controls of her Black Hawk or doing desk duty in Balad. She has her legs. It took eight months for her dream personality to accept that the good health would evaporate at daybreak, but now she finds the sensation gratifying.

"In my dream, I usually know: 'Oh, I have legs. Cool. I'm going to run around.' "

That's how Duckworth feels about her second chance.

Read More...

Controversial New Clerk for Alito was a top aide to ttorney General John Ashcroft

The New York Times
New Clerk for Alito Has a Long Paper Trail
By ADAM LIPTAK

JUSTICE SAMUEL A. ALITO JR., who was so bland and self-effacing at his Supreme Court confirmation hearings last month, made a bold decision on arriving at the court. He hired Adam G. Ciongoli, a former top aide to Attorney General John Ashcroft and an architect of the Bush administration's legal strategy after the Sept. 11, 2001, attacks, to be one of his law clerks.

In the world of clerkdom, Mr. Ciongoli's appointment was a startling development, both because of his seniority and because of his political background. While his paper trail might attract critics eager to see potential conflicts of interest, his substantial professional experience, rare among clerks, may also be a big asset.

"We don't normally contemplate a high-level Justice Department official becoming a Supreme Court clerk," said Ronald D. Rotunda, a specialist in legal ethics at George Mason University School of Law. "It's just asking for problems that are unnecessary." Most Supreme Court law clerks, who prepare memorandums and draft decisions for the justices, have little of note on their résumés beyond superior grades at a top law school and a clerkship with a federal appeals court judge.

"They're like legal Doogie Howsers — child prodigies of the law," said David Lat, a former federal prosecutor whose blog "Underneath Their Robes" reports on the hiring of Supreme Court clerks. "Yet they're influencing decisions that affect millions."

Mr. Ciongoli, 37, represents a different model. He has a rich and public history in government and, most recently, as a senior lawyer at Time Warner.

"It really indicates a lapse in judgment," Deborah L. Rhode, who teaches legal ethics at Stanford, said of Justice Alito's decision. "I just don't think it helps your reputation for nonpartisanship, particularly after such partisan confirmation hearings, to start out by hiring someone who is perceived to have an ideological agenda."

The Supreme Court is scheduled to hear arguments next month in a case considering the constitutionality of the military commissions the Bush administration created to try suspected terrorists. The court is also considering whether to hear the case of Jose Padilla, who challenged his detention without charges as an enemy combatant.

Former Supreme Court clerks and experts in legal ethics said that Mr. Ciongoli will almost certainly not work on any cases relating to his earlier work, which covered a broad range of legal issues concerning terrorism.

"He cannot work for the justice on any cases that come before the court if he worked on those matters at Time Warner or the government," said Stephen M. Gillers, who teaches legal ethics at New York University. "You don't want him to the judge the quality of his own work."

Of course, it will never be possible to know what sort of casual conversations may take place in Justice Alito's chambers, said Monroe H. Freedman, who teaches legal ethics at Hofstra University. "No one is ever going to be able to police that," Professor Freedman said.

But, he added, "There is also a presumption that the justice can think for himself regardless of anyone he gets advice or counsel from."

WHATEVER its wisdom, the decision to hire Mr. Ciongoli says at least three things about Justice Alito, legal experts said.

First, Justice Alito is loyal, and he feels most comfortable with longtime associates. Mr. Ciongoli clerked for him as a federal appeals court judge in Philadelphia in 1995 and 1996. Two of the justice's other new clerks also worked for him in the appeals court and then went on to clerk on the Supreme Court, one for late chief justice, William H. Rehnquist, the other for Justice Clarence Thomas.

Second, Justice Alito, like the other justices, hires clerks whose views are close to his own. "Most of the time," Mr. Lat said, "clerks' ideologies line up pretty cleanly with the justices." Another Alito clerk, Alexander Volokh, has written for libertarian publications.

Third, Justice Alito, whose own paper trail was substantial, is willing to hire clerks who come with their own documentary record.

Other justices have been more wary. In 1966, for instance, Justice William J. Brennan Jr. withdrew an offer to a clerk, Michael E. Tigar, after pressure from conservative groups who took issue with Mr. Tigar's liberal political views.

In all, Justice Alito's decision to hire Mr. Ciongoli was smart, said Steven Lubet, who teaches legal ethics at Northwestern. "Somebody with some real experience can provide better work than someone who's green," Professor Lubet said. "It's a terrific idea."

Read More...

At a Scientific Gathering, U.S. Policies Are Lamented

The New York Times
At a Scientific Gathering, U.S. Policies Are Lamented
By CORNELIA DEAN

ST. LOUIS, Feb. 18 — David Baltimore, the Nobel Prize-winning biologist and president of the California Institute of Technology, is used to the Bush administration misrepresenting scientific findings to support its policy aims, he told an audience of fellow researchers Saturday. Each time it happens, he said, "I shrug and say, 'What do you expect?' "

But then, Dr. Baltimore went on, he began to read about the administration's embrace of the theory of the unitary executive, the idea that the executive branch has the power or even the obligation to act without restraint from Congress. And he began to see in a new light widely reported episodes of government scientists being restricted in what they could say in public.

"It's no accident that we are seeing such an extensive suppression of scientific freedom," he said. "It's part of the theory of government now, and it's a theory we need to vociferously oppose." Far from twisting science to suit its own goals, he said, the government should be "the guardian of intellectual freedom."

Dr. Baltimore spoke at a session here at the annual meeting of the American Association for the Advancement of Science. Though it was organized too late for inclusion in the overall meeting catalogue, the session drew hundreds of scientists who crowded a large meeting room and applauded enthusiastically as speakers denounced administration policies they said threatened not just sound science but also the nation's research pre-eminence.

The session was organized by the Union of Concerned Scientists, a nonprofit organization that has been highly critical of the Bush administration.

Not all of the speakers had harsh words for the administration. Rita R. Colwell, who headed the National Science Foundation, the government's leading financing organization for the physical sciences, from 1998 to 2004, said she had never experienced political pressure in that job. But, Dr. Colwell said, the free flow of scientific information is crucial for maintaining the nation's leadership in research. Threats to that, she said, are second only to terrorism as threats to the nation's security.

Another speaker, Susan F. Wood, former director of the office of women's health at the Food and Drug Administration, said administration interference with the agency's scientific and regulatory processes had left morale there at a "nadir."

Dr. Wood, who received a standing ovation from many in the audience, resigned in August to protest agency officials' unusual decision to overrule an expert panel and withhold marketing approval for Plan B, the so-called morning after pill, a form of emergency contraception. She said she feared that competent scientists would leave rather than remain at an agency where their work was ignored because "social conservatives have extreme undue influence."

Later, in response to a question, she said that she might have consulted the agency's inspector general over the Plan B decision, but that inspectors general often had to be prodded by Congress before taking action. Democrats have little power in this Congress, she said, and Republicans who care about science have been "remarkably silent."

Others in the audience said efforts to stifle researchers were attacks on more than science.

"Administrative legitimacy has been violated as much as scientific legitimacy," said Sheila Jasanoff, an expert on science policy who teaches at the John F. Kennedy School of Government at Harvard. "You can't get the most solid possible basis for making a decision unless you have not just the most credible and legitimate form of science but also the most credible and legitimate administrative process."

Leslie Sussan, a lawyer with the Department of Health and Human Services who emphasized that she was speaking only for herself, drew applause when she said she saw the administration's science policies as "an attack on the rule of law as a basis for self-government and democracy."

Read More...

Saturday, February 18, 2006

Cartoon shows Bush to big oil, big money: "I wish I could quit you"

The Huffington Post
Cartoon shows Bush to big oil, big money: "I wish I could quit you"
Russell Shaw

With a line paraphrased from "Brokeback Mountain," a Portland, Oregon cartoonist, artist and general wit who calls himself The Unknown has designed and posted what he imagines could be President Bush's own addictions of the heart. Oil and money.


See the cartoon and the rest of the article here

Read More...

Intelligence, Policy,and the War in Iraq

Foreign Affairs
Intelligence, Policy,and the War in Iraq
By Paul R. Pillar

From Foreign Affairs, March/April 2006

Summary: During the run-up to the invasion of Iraq, writes the intelligence community's former senior analyst for the Middle East, the Bush administration disregarded the community's expertise, politicized the intelligence process, and selected unrepresentative raw intelligence to make its public case.

PAUL R. PILLAR is on the faculty of the Security Studies Program at Georgetown University. Concluding a long career in the Central Intelligence Agency, he served as National Intelligence Officer for the Near East and South Asia from 2000 to 2005.

A DYSFUNCTIONAL RELATIONSHIP

The most serious problem with U.S. intelligence today is that its relationship with the policymaking process is broken and badly needs repair. In the wake of the Iraq war, it has become clear that official intelligence analysis was not relied on in making even the most significant national security decisions, that intelligence was misused publicly to justify decisions already made, that damaging ill will developed between policymakers and intelligence officers, and that the intelligence community's own work was politicized. As the national intelligence officer responsible for the Middle East from 2000 to 2005, I witnessed all of these disturbing developments.

Public discussion of prewar intelligence on Iraq has focused on the errors made in assessing Saddam Hussein's unconventional weapons programs. A commission chaired by Judge Laurence Silberman and former Senator Charles Robb usefully documented the intelligence community's mistakes in a solid and comprehensive report released in March 2005. Corrections were indeed in order, and the intelligence community has begun to make them.

At the same time, an acrimonious and highly partisan debate broke out over whether the Bush administration manipulated and misused intelligence in making its case for war. The administration defended itself by pointing out that it was not alone in its view that Saddam had weapons of mass destruction (WMD) and active weapons programs, however mistaken that view may have been.

In this regard, the Bush administration was quite right: its perception of Saddam's weapons capacities was shared by the Clinton administration, congressional Democrats, and most other Western governments and intelligence services. But in making this defense, the White House also inadvertently pointed out the real problem: intelligence on Iraqi weapons programs did not drive its decision to go to war. A view broadly held in the United States and even more so overseas was that deterrence of Iraq was working, that Saddam was being kept "in his box," and that the best way to deal with the weapons problem was through an aggressive inspections program to supplement the sanctions already in place. That the administration arrived at so different a policy solution indicates that its decision to topple Saddam was driven by other factors -- namely, the desire to shake up the sclerotic power structures of the Middle East and hasten the spread of more liberal politics and economics in the region.

If the entire body of official intelligence analysis on Iraq had a policy implication, it was to avoid war -- or, if war was going to be launched, to prepare for a messy aftermath. What is most remarkable about prewar U.S. intelligence on Iraq is not that it got things wrong and thereby misled policymakers; it is that it played so small a role in one of the most important U.S. policy decisions in recent decades.

A MODEL UPENDED

The proper relationship between intelligence gathering and policymaking sharply separates the two functions. The intelligence community collects information, evaluates its credibility, and combines it with other information to help make sense of situations abroad that could affect U.S. interests. Intelligence officers decide which topics should get their limited collection and analytic resources according to both their own judgments and the concerns of policymakers. Policymakers thus influence which topics intelligence agencies address but not the conclusions that they reach. The intelligence community, meanwhile, limits its judgments to what is happening or what might happen overseas, avoiding policy judgments about what the United States should do in response.

In practice, this distinction is often blurred, especially because analytic projections may have policy implications even if they are not explicitly stated. But the distinction is still important. National security abounds with problems that are clearer than the solutions to them; the case of Iraq is hardly a unique example of how similar perceptions of a threat can lead people to recommend very different policy responses. Accordingly, it is critical that the intelligence community not advocate policy, especially not openly. If it does, it loses the most important basis for its credibility and its claims to objectivity. When intelligence analysts critique one another's work, they use the phrase "policy prescriptive" as a pejorative, and rightly so.

The Bush administration's use of intelligence on Iraq did not just blur this distinction; it turned the entire model upside down. The administration used intelligence not to inform decision-making, but to justify a decision already made. It went to war without requesting -- and evidently without being influenced by -- any strategic-level intelligence assessments on any aspect of Iraq. (The military made extensive use of intelligence in its war planning, although much of it was of a more tactical nature.) Congress, not the administration, asked for the now-infamous October 2002 National Intelligence Estimate (NIE) on Iraq's unconventional weapons programs, although few members of Congress actually read it. (According to several congressional aides responsible for safeguarding the classified material, no more than six senators and only a handful of House members got beyond the five-page executive summary.) As the national intelligence officer for the Middle East, I was in charge of coordinating all of the intelligence community's assessments regarding Iraq; the first request I received from any administration policymaker for any such assessment was not until a year into the war.

Official intelligence on Iraqi weapons programs was flawed, but even with its flaws, it was not what led to the war. On the issue that mattered most, the intelligence community judged that Iraq probably was several years away from developing a nuclear weapon. The October 2002 NIE also judged that Saddam was unlikely to use WMD against the United States unless his regime was placed in mortal danger.

Before the war, on its own initiative, the intelligence community considered the principal challenges that any postinvasion authority in Iraq would be likely to face. It presented a picture of a political culture that would not provide fertile ground for democracy and foretold a long, difficult, and turbulent transition. It projected that a Marshall Plan-type effort would be required to restore the Iraqi economy, despite Iraq's abundant oil resources. It forecast that in a deeply divided Iraqi society, with Sunnis resentful over the loss of their dominant position and Shiites seeking power commensurate with their majority status, there was a significant chance that the groups would engage in violent conflict unless an occupying power prevented it. And it anticipated that a foreign occupying force would itself be the target of resentment and attacks -- including by guerrilla warfare -- unless it established security and put Iraq on the road to prosperity in the first few weeks or months after the fall of Saddam.

In addition, the intelligence community offered its assessment of the likely regional repercussions of ousting Saddam. It argued that any value Iraq might have as a democratic exemplar would be minimal and would depend on the stability of a new Iraqi government and the extent to which democracy in Iraq was seen as developing from within rather than being imposed by an outside power. More likely, war and occupation would boost political Islam and increase sympathy for terrorists' objectives -- and Iraq would become a magnet for extremists from elsewhere in the Middle East.

STANDARD DEVIATIONS

The Bush administration deviated from the professional standard not only in using policy to drive intelligence, but also in aggressively using intelligence to win public support for its decision to go to war. This meant selectively adducing data -- "cherry-picking" -- rather than using the intelligence community's own analytic judgments. In fact, key portions of the administration's case explicitly rejected those judgments. In an August 2002 speech, for example, Vice President Dick Cheney observed that "intelligence is an uncertain business" and noted how intelligence analysts had underestimated how close Iraq had been to developing a nuclear weapon before the 1991 Persian Gulf War. His conclusion -- at odds with that of the intelligence community -- was that "many of us are convinced that Saddam will acquire nuclear weapons fairly soon."

In the upside-down relationship between intelligence and policy that prevailed in the case of Iraq, the administration selected pieces of raw intelligence to use in its public case for war, leaving the intelligence community to register varying degrees of private protest when such use started to go beyond what analysts deemed credible or reasonable. The best-known example was the assertion by President George W. Bush in his 2003 State of the Union address that Iraq was purchasing uranium ore in Africa. U.S. intelligence analysts had questioned the credibility of the report making this claim, had kept it out of their own unclassified products, and had advised the White House not to use it publicly. But the administration put the claim into the speech anyway, referring to it as information from British sources in order to make the point without explicitly vouching for the intelligence.

The reexamination of prewar public statements is a necessary part of understanding the process that led to the Iraq war. But a narrow focus on rhetorical details tends to overlook more fundamental problems in the intelligence-policy relationship. Any time policymakers, rather than intelligence agencies, take the lead in selecting which bits of raw intelligence to present, there is -- regardless of the issue -- a bias. The resulting public statements ostensibly reflect intelligence, but they do not reflect intelligence analysis, which is an essential part of determining what the pieces of raw reporting mean. The policymaker acts with an eye not to what is indicative of a larger pattern or underlying truth, but to what supports his case.

Another problem is that on Iraq, the intelligence community was pulled over the line into policy advocacy -- not so much by what it said as by its conspicuous role in the administration's public case for war. This was especially true when the intelligence community was made highly visible (with the director of central intelligence literally in the camera frame) in an intelligence-laden presentation by Secretary of State Colin Powell to the UN Security Council a month before the war began. It was also true in the fall of 2002, when, at the administration's behest, the intelligence community published a white paper on Iraq's WMD programs -- but without including any of the community's judgments about the likelihood of those weapons' being used.

But the greatest discrepancy between the administration's public statements and the intelligence community's judgments concerned not WMD (there was indeed a broad consensus that such programs existed), but the relationship between Saddam and al Qaeda. The enormous attention devoted to this subject did not reflect any judgment by intelligence officials that there was or was likely to be anything like the "alliance" the administration said existed. The reason the connection got so much attention was that the administration wanted to hitch the Iraq expedition to the "war on terror" and the threat the American public feared most, thereby capitalizing on the country's militant post-9/11 mood.

The issue of possible ties between Saddam and al Qaeda was especially prone to the selective use of raw intelligence to make a public case for war. In the shadowy world of international terrorism, almost anyone can be "linked" to almost anyone else if enough effort is made to find evidence of casual contacts, the mentioning of names in the same breath, or indications of common travels or experiences. Even the most minimal and circumstantial data can be adduced as evidence of a "relationship," ignoring the important question of whether a given regime actually supports a given terrorist group and the fact that relationships can be competitive or distrustful rather than cooperative.

The intelligence community never offered any analysis that supported the notion of an alliance between Saddam and al Qaeda. Yet it was drawn into a public effort to support that notion. To be fair, Secretary Powell's presentation at the UN never explicitly asserted that there was a cooperative relationship between Saddam and al Qaeda. But the presentation was clearly meant to create the impression that one existed. To the extent that the intelligence community was a party to such efforts, it crossed the line into policy advocacy -- and did so in a way that fostered public misconceptions contrary to the intelligence community's own judgments.

VARIETIES OF POLITICIZATION

In its report on prewar intelligence concerning Iraqi WMD, the Senate Select Committee on Intelligence said it found no evidence that analysts had altered or shaped their judgments in response to political pressure. The Silberman-Robb commission reached the same conclusion, although it conceded that analysts worked in an "environment" affected by "intense" policymaker interest. But the method of investigation used by the panels -- essentially, asking analysts whether their arms had been twisted -- would have caught only the crudest attempts at politicization. Such attempts are rare and, when they do occur (as with former Undersecretary of State John Bolton's attempts to get the intelligence community to sign on to his judgments about Cuba and Syria), are almost always unsuccessful. Moreover, it is unlikely that analysts would ever acknowledge that their own judgments have been politicized, since that would be far more damning than admitting more mundane types of analytic error.

The actual politicization of intelligence occurs subtly and can take many forms. Context is all-important. Well before March 2003, intelligence analysts and their managers knew that the United States was heading for war with Iraq. It was clear that the Bush administration would frown on or ignore analysis that called into question a decision to go to war and welcome analysis that supported such a decision. Intelligence analysts -- for whom attention, especially favorable attention, from policymakers is a measure of success -- felt a strong wind consistently blowing in one direction. The desire to bend with such a wind is natural and strong, even if unconscious.

On the issue of Iraqi WMD, dozens of analysts throughout the intelligence community were making many judgments on many different issues based on fragmentary and ambiguous evidence. The differences between sound intelligence analysis (bearing in mind the gaps in information) and the flawed analysis that actually was produced had to do mainly with matters of caveat, nuance, and word choice. The opportunities for bias were numerous. It may not be possible to point to one key instance of such bending or to measure the cumulative effect of such pressure. But the effect was probably significant.

A clearer form of politicization is the inconsistent review of analysis: reports that conform to policy preferences have an easier time making it through the gauntlet of coordination and approval than ones that do not. (Every piece of intelligence analysis reflects not only the judgments of the analysts most directly involved in writing it, but also the concurrence of those who cover related topics and the review, editing, and remanding of it by several levels of supervisors, from branch chiefs to senior executives.) The Silberman-Robb commission noted such inconsistencies in the Iraq case but chalked it up to bad management. The commission failed to address exactly why managers were inconsistent: they wanted to avoid the unpleasantness of laying unwelcome analysis on a policymaker's desk.

Another form of politicization with a similar cause is the sugarcoating of what otherwise would be an unpalatable message. Even the mostly prescient analysis about the problems likely to be encountered in postwar Iraq included some observations that served as sugar, added in the hope that policymakers would not throw the report directly into the burn bag, but damaging the clarity of the analysis in the process.

But the principal way that the intelligence community's work on Iraq was politicized concerned the specific questions to which the community devoted its energies. As any competent pollster can attest, how a question is framed helps determine the answer. In the case of Iraq, there was also the matter of sheer quantity of output -- not just what the intelligence community said, but how many times it said it. On any given subject, the intelligence community faces what is in effect a field of rocks, and it lacks the resources to turn over every one to see what threats to national security may lurk underneath. In an unpoliticized environment, intelligence officers decide which rocks to turn over based on past patterns and their own judgments. But when policymakers repeatedly urge the intelligence community to turn over only certain rocks, the process becomes biased. The community responds by concentrating its resources on those rocks, eventually producing a body of reporting and analysis that, thanks to quantity and emphasis, leaves the impression that what lies under those same rocks is a bigger part of the problem than it really is.

That is what happened when the Bush administration repeatedly called on the intelligence community to uncover more material that would contribute to the case for war. The Bush team approached the community again and again and pushed it to look harder at the supposed Saddam-al Qaeda relationship -- calling on analysts not only to turn over additional Iraqi rocks, but also to turn over ones already examined and to scratch the dirt to see if there might be something there after all. The result was an intelligence output that -- because the question being investigated was never put in context -- obscured rather than enhanced understanding of al Qaeda's actual sources of strength and support.

This process represented a radical departure from the textbook model of the relationship between intelligence and policy, in which an intelligence service responds to policymaker interest in certain subjects (such as "security threats from Iraq" or "al Qaeda's supporters") and explores them in whatever direction the evidence leads. The process did not involve intelligence work designed to find dangers not yet discovered or to inform decisions not yet made. Instead, it involved research to find evidence in support of a specific line of argument -- that Saddam was cooperating with al Qaeda -- which in turn was being used to justify a specific policy decision.

One possible consequence of such politicization is policymaker self-deception. A policymaker can easily forget that he is hearing so much about a particular angle in briefings because he and his fellow policymakers have urged the intelligence community to focus on it. A more certain consequence is the skewed application of the intelligence community's resources. Feeding the administration's voracious appetite for material on the Saddam-al Qaeda link consumed an enormous amount of time and attention at multiple levels, from rank-and-file counterterrorism analysts to the most senior intelligence officials. It is fair to ask how much other counterterrorism work was left undone as a result.

The issue became even more time-consuming as the conflict between intelligence officials and policymakers escalated into a battle, with the intelligence community struggling to maintain its objectivity even as policymakers pressed the Saddam-al Qaeda connection. The administration's rejection of the intelligence community's judgments became especially clear with the formation of a special Pentagon unit, the Policy Counterterrorism Evaluation Group. The unit, which reported to Undersecretary of Defense Douglas Feith, was dedicated to finding every possible link between Saddam and al Qaeda, and its briefings accused the intelligence community of faulty analysis for failing to see the supposed alliance.

For the most part, the intelligence community's own substantive judgments do not appear to have been compromised. (A possible important exception was the construing of an ambiguous, and ultimately recanted, statement from a detainee as indicating that Saddam's Iraq provided jihadists with chemical or biological training.) But although the charge of faulty analysis was never directly conveyed to the intelligence community itself, enough of the charges leaked out to create a public perception of rancor between the administration and the intelligence community, which in turn encouraged some administration supporters to charge intelligence officers (including me) with trying to sabotage the president's policies. This poisonous atmosphere reinforced the disinclination within the intelligence community to challenge the consensus view about Iraqi WMD programs; any such challenge would have served merely to reaffirm the presumptions of the accusers.

PARTIAL REPAIRS

Although the Iraq war has provided a particularly stark illustration of the problems in the intelligence-policy relationship, such problems are not confined to this one issue or this specific administration. Four decades ago, the misuse of intelligence about an ambiguous encounter in the Gulf of Tonkin figured prominently in the Johnson administration's justification for escalating the military effort in Vietnam. Over a century ago, the possible misinterpretation of an explosion on a U.S. warship in Havana harbor helped set off the chain of events that led to a war of choice against Spain. The Iraq case needs further examination and reflection on its own. But public discussion of how to foster a better relationship between intelligence officials and policymakers and how to ensure better use of intelligence on future issues is also necessary.

Intelligence affects the nation's interests through its effect on policy. No matter how much the process of intelligence gathering itself is fixed, the changes will do no good if the role of intelligence in the policymaking process is not also addressed. Unfortunately, there is no single clear fix to the sort of problem that arose in the case of Iraq. The current ill will may not be reparable, and the perception of the intelligence community on the part of some policymakers -- that Langley is enemy territory -- is unlikely to change. But a few steps, based on the recognition that the intelligence-policy relationship is indeed broken, could reduce the likelihood that such a breakdown will recur.

On this point, the United States should emulate the United Kingdom, where discussion of this issue has been more forthright, by declaring once and for all that its intelligence services should not be part of public advocacy of policies still under debate. In the United Kingdom, Prime Minister Tony Blair accepted a commission of inquiry's conclusions that intelligence and policy had been improperly commingled in such exercises as the publication of the "dodgy dossier," the British counterpart to the United States' Iraqi WMD white paper, and that in the future there should be a clear delineation between intelligence and policy. An American declaration should take the form of a congressional resolution and be seconded by a statement from the White House. Although it would not have legal force, such a statement would discourage future administrations from attempting to pull the intelligence community into policy advocacy. It would also give some leverage to intelligence officers in resisting any such future attempts.

A more effective way of identifying and exposing improprieties in the relationship is also needed. The CIA has a "politicization ombudsman," but his informally defined functions mostly involve serving as a sympathetic ear for analysts disturbed by evidence of politicization and then summarizing what he hears for senior agency officials. The intelligence oversight committees in Congress have an important role, but the heightened partisanship that has bedeviled so much other work on Capitol Hill has had an especially inhibiting effect in this area. A promised effort by the Senate Intelligence Committee to examine the Bush administration's use of intelligence on Iraq got stuck in the partisan mud. The House committee has not even attempted to address the subject.

The legislative branch is the appropriate place for monitoring the intelligence-policy relationship. But the oversight should be conducted by a nonpartisan office modeled on the Government Accountability Office (GAO) and the Congressional Budget Office (CBO). Such an office would have a staff, smaller than that of the GAO or the CBO, of officers experienced in intelligence and with the necessary clearances and access to examine questions about both the politicization of classified intelligence work and the public use of intelligence. As with the GAO, this office could conduct inquiries at the request of members of Congress. It would make its results public as much as possible, consistent with security requirements, and it would avoid duplicating the many other functions of intelligence oversight, which would remain the responsibility of the House and Senate intelligence committees.

Beyond these steps, there is the more difficult issue of what place the intelligence community should occupy within the executive branch. The reorganization that created the Office of the Director of National Intelligence (DNI) is barely a year old, and yet another reorganization at this time would compound the disruption. But the flaws in the narrowly conceived and hastily considered reorganization legislation of December 2004 -- such as ambiguities in the DNI's authority -- will make it necessary to reopen the issues it addressed. Any new legislation should also tackle something the 2004 legislation did not: the problem of having the leaders of the intelligence community, which is supposed to produce objective and unvarnished analysis, serve at the pleasure of the president.

The organizational issue is also difficult because of a dilemma that intelligence officers have long discussed and debated among themselves: that although distance from policymakers may be needed for objectivity, closeness is needed for influence. For most of the past quarter century, intelligence officials have striven for greater closeness, in a perpetual quest for policymakers' ears. The lesson of the Iraq episode, however, is that the supposed dilemma has been incorrectly conceived. Closeness in this case did not buy influence, even on momentous issues of war and peace; it bought only the disadvantages of politicization.

The intelligence community should be repositioned to reflect the fact that influence and relevance flow not just from face time in the Oval Office, but also from credibility with Congress and, most of all, with the American public. The community needs to remain in the executive branch but be given greater independence and a greater ability to communicate with those other constituencies (fettered only by security considerations, rather than by policy agendas). An appropriate model is the Federal Reserve, which is structured as a quasi-autonomous body overseen by a board of governors with long fixed terms.

These measures would reduce both the politicization of the intelligence community's own work and the public misuse of intelligence by policymakers. It would not directly affect how much attention policymakers give to intelligence, which they would continue to be entitled to ignore. But the greater likelihood of being called to public account for discrepancies between a case for a certain policy and an intelligence judgment would have the indirect effect of forcing policymakers to pay more attention to those judgments in the first place.

These changes alone will not fix the intelligence-policy relationship. But if Congress and the American people are serious about "fixing intelligence," they should not just do what is easy and politically convenient. At stake are the soundness of U.S. foreign-policy making and the right of Americans to know the basis for decisions taken in the name of their security.

Read More...

Rumsfeld Says U.S. Will Not Close Gitmo

Yahoo! News
Rumsfeld Says U.S. Will Not Close Gitmo
By AMY WESTFELDT, Associated Press Writer

The Pentagon will not close its Guantanamo Bay prison for terrorist suspects, despite U.N. Secretary-General Kofi Annan's call to shut it down, Defense Secretary Donald H. Rumsfeld said Friday.

"He's just flat wrong," Rumsfeld said in response to a question about the controversial prison during an appearance at the Council on Foreign Relations. "We shouldn't close Guantanamo. We have several hundred terrorists — bad people, people that if let back out on the field would try to kill Americans. That's just a fact."

He said closing it would amount to pretending there is no problem with a terrorist threat to U.S. interests.

Rumsfeld also took a swipe at Annan, saying, "He's never been to Guantanamo Bay," whereas representatives of the International Committee of the Red Cross "stayed there, lived there 24 hours a day" to observe conditions.

"That place is being run as well as any detention facility can be run," he added, his voice rising. "It's absolutely beyond comprehension," he said, that calls for closing Guantanamo Bay can be based on allegations of mistreatment and torture by the prisoners, whom Rumsfeld said are trained to lie.

A U.N. report issued earlier this week said some of the treatment of prisoners amounted to torture.

There are about 500 prisoners at Guantanamo Bay. Many have been held for nearly four years. Most were captured on the battlefields of Afghanistan in late 2001 after U.S. forces invaded in response to the terrorist attacks of Sept. 11, 2001.

Rumsfeld also asserted that U.S. forces in Iraq are making progress on the security front, but he said there inevitably will be setbacks as the Iraqis struggle to assume control of their country.

"Our goal has to be to reduce our forces down, and to do it at a pace where we recognized that we're going to — I almost said 'make a mistake.' It will look like a mistake. It's a judgment call. We're going to have to pull out of some pieces of real estate and turn over things to Iraqis, and they're going to drop the ball. Let's face it.

"And we're going to have to step in, go back in and fix it and then turn it back over again, and it's going to be three steps forward and one step back. It isn't going to be perfect, it isn't going to be pretty," he said.

Rumsfeld said U.S. forces already have closed or turned over to the Iraqis 30 military bases. He offered no projections of future U.S. troop withdrawals. Last December the Pentagon said the number of U.S. troops in Iraq would drop from about 138,000 to about 130,000 by March.

Rumsfeld also said al-Qaida and other Islamic extremist groups have poisoned the Muslim public's view of the United States through deft use of the Internet and other modern communications methods that the American government has failed to master.

"Our enemies have skillfully adapted to fighting wars in today's media age, but for the most part we — our country, our government — has not adapted," he said.

He quoted Ayman al-Zawahri, the chief lieutenant of al-Qaida leader Osama bin Laden, as saying that their terrorist network is in a media battle for the hearts and minds of Muslims. Rumsfeld agreed, saying that the battle for public opinion is at least as important as the battles on the ground in Iraq and Afghanistan.

The extremist groups are able to act quickly on the information front, with relatively few people, while the U.S. government bureaucracy has yet to keep up in an age of e-mail, blogs and instant messaging, he said.

"We in the government have barely even begun to compete in reaching their audiences," Rumsfeld said.

He said the military needs to focus more on adapting to the changes in global media.

"In some cases, military public affairs officials have had little communications training and little, if any, grounding in the importance of timing and rapid response, and the realities of digital and broadcast media," he said.

Read More...

Judge favors feds in cellphone bug ruling

USA TODAY
Judge favors feds in cellphone bug ruling

NEW YORK (AP) — A federal judge said Friday the government was within constitutional boundaries when it put a powerful eavesdropping device in a cellphone, turning a suspected mobster into what one defense lawyer called a "human microphone."

The judge said the government got proper approval from other judges as it steadily increased the scope of audio surveillance in an effort to destroy the leadership of the Gambino crime family during a three-year probe.

The eavesdropping was initially limited to a cellphone and a restaurant but was eventually expanded so the recording device could be used in any location and even when the cellphone was not on.

"In my opinion, the roving bug was not unconstitutional as applied," Judge Alvin K. Hellerstein said after listening to arguments.

The judge said the government did what was necessary as targets of the investigation tried to evade detection by dodging areas where they believed government surveillance might occur.

Defense lawyers argued that information gained through the cellphone intercepts should be tossed out.

Attorney John L. Pollok said the government crossed a constitutional line when it stopped limiting recordings to conversations in specific places where it suspected criminal activity was underway.

"When they stopped talking about places and started turning that man into a human microphone, that's when they stepped over the line," he said.

Authorities made 32 arrests in the racketeering case a year ago.

Find this article at:
http://www.usatoday.com/news/washington/2006-02-17-cellphonebug_x.htm?csp=34

Read More...

Senate Chairman Splits With Bush on Spy Program

The New York Times
Senate Chairman Splits With Bush on Spy Program
By SHERYL GAY STOLBERG

WASHINGTON, Feb. 17 — The chairman of the Senate Intelligence Committee said Friday that he wanted the Bush administration's domestic eavesdropping program brought under the authority of a special intelligence court, a move President Bush has argued is not necessary.

The chairman, Senator Pat Roberts, Republican of Kansas, said he had some concerns that the court could not issue warrants quickly enough to keep up with the needs of the eavesdropping program. But he said he would like to see those details worked out.

Mr. Roberts also said he did not believe that exempting the program from the purview of the court created by the Foreign Intelligence Surveillance Act "would be met with much support" on Capitol Hill. Yet that is exactly the approach the Bush administration is pursuing.

"I think it should come before the FISA court, but I don't know how it works," Mr. Roberts said. "You don't want to have a situation where you have capability that doesn't work well with the FISA court, in terms of speed and agility and hot pursuit. So we have to solve that problem."

Mr. Roberts spoke in an interview a day after announcing that the White House, in a turnabout, had agreed to open discussions about changing surveillance law. By Friday, with Mr. Roberts apparently stung by accusations that he had caved to White House pressure not to investigate the eavesdropping without warrants, it appeared the talks could put the White House and Congress on a collision course.

White House officials favor a proposal offered by another Republican senator, Mike DeWine of Ohio, whose bill would exempt the eavesdropping from the intelligence court. Mr. DeWine wants small subcommittees to oversee the wiretapping, but Mr. Roberts said he would like the full House and Senate Intelligence Committees to have regular briefings.

"I think it's the function and the oversight responsibility of the committee," he said, adding, "That might sound strange coming from me."

Mr. Roberts's comments were surprising because he has been a staunch defender of the program and an ally of White House efforts to resist a full-scale Senate investigation. On Thursday, he pushed back a committee vote on a Democratic push to conduct an inquiry, saying he wanted to give the White House time to negotiate on possible legislation. On Friday, he dismissed accusations that he had bowed to pressure.

"The irony of this is that it is portrayed now as administration pressure brought to bear on us, meaning the Republicans on the committee and basically me," Mr. Roberts said Friday. "It's just the reverse. It's the Republicans on the committee, my staff and myself, who have been really — I don't want to say pressuring, but trying to come up with a reasonable compromise that will settle this issue. It was our activity that brought them along to this point, plus the possibility of an investigation."

The eavesdropping, authorized in secret by President Bush soon after the attacks of Sept. 11, 2001, has allowed the National Security Agency to monitor the international telephone and e-mail communications of hundreds, perhaps thousands, of people within the United States — without warrants — when the authorities suspect they have links to terrorists.

Democrats and a growing number of Republicans say the program appears to violate the 1978 Foreign Intelligence Surveillance Act. Some Republicans are also skeptical of the Bush administration's assertion that it has the inherent constitutional authority to conduct the eavesdropping, and that Congress authorized the program when it passed a resolution after Sept. 11 giving Mr. Bush authority to use military force to defend the nation.

In the House, Republicans on the Intelligence Committee have agreed to open an inquiry prompted by the surveillance program and are debating how broad it should be. Mr. Roberts said he had not spoken to Representative Peter Hoekstra, the Michigan Republican who is chairman of the House Intelligence Committee, about what the House panel is doing.

Representative Heather A. Wilson, Republican of New Mexico and chairwoman of the House Intelligence subcommittee that oversees the National Security Agency, has pressed for a broad investigation, but Mr. Hoekstra's aides have said that any inquiry would be limited to an examination of the FISA law.

The Senate intelligence chairman, Mr. Roberts, said he believed the administration had the constitutional authority for the program, but added, "We would be much more in concert with the Congress and everybody else and the FISA court judges" if the court oversaw the program.

As panel chairman, Mr. Roberts holds great sway. An aide to the senator said he had some specific ideas that he had been privately discussing with committee members and other lawmakers. But neither the senator nor the aide, who spoke on condition of anonymity because of the delicate nature of the negotiations, would make those ideas public.

Nor will Mr. Roberts have final say over what form legislation will take; rather, his ideas are circulating in an environment that one Congressional aide, referring to the Winter Olympic Games, said was "sort of like snowboardcross, with four proposals shooting out of the gate, jockeying for position."

Another senior Senate Republican, Arlen Specter, the chairman of the Judiciary Committee, has proposed legislation that would allow the FISA court to pass judgment on the program's constitutionality. And Senator Olympia J. Snowe, Republican of Maine and a member of the intelligence panel, said Friday that she believed the eavesdropping must come under the purview of the judiciary.

"I think we do have to have judicial review," she said, adding, "Whether it's the FISA approach or not I think remains in question, but it can't go on in perpetuity, and it can't be unfettered warrantless surveillance."

Whether Republicans can agree remains to be seen. "People are all over the place," Mr. DeWine said. "We don't have a consensus."

The White House has been in talks with Mr. DeWine, who said Harriet E. Miers, the White House counsel, called him on Wednesday night, on the eve of the Senate Intelligence panel's scheduled vote, to discuss his legislation.

"What we have talked about with some Congressional leaders is codifying into law what his authority already is," Scott McClellan, the White House spokesman said in an interview Friday, referring to the president. He added, "Senator DeWine has some good ideas, and we think they're reasonable ideas."

Since the program's inception, the White House has provided information about it to members of the "Gang of Eight," the Democratic and Republican leaders of the House and Senate, and the senior Democrat and Republican on the intelligence panels in both chambers. Last week, the Bush administration went further, revealing details of the program to all members of the House and Senate intelligence panels.

Mr. DeWine said his proposal called for an intelligence subcommittee with "professional staff" to have oversight. "It would be fundamentally different than doing it by the Gang of Eight, where there's really no staff," he said, adding, "The key is oversight."

Elisabeth Bumiller contributed reporting for this article.

Read More...

Prosecutor Says Libby Seeks to Thwart Criminal Case

The New York Times
Prosecutor Says Libby Seeks to Thwart Criminal Case
By NEIL A. LEWIS

WASHINGTON, Feb. 17 — A federal prosecutor has said I. Lewis Libby Jr., former chief of staff to Vice President Dick Cheney, is trying to sabotage the criminal case against him by insisting through his lawyers that he be given sensitive government documents for his defense.

In a court filing on Thursday night, the prosecutor said requests by Mr. Libby's lawyers for documents, including the daily intelligence briefs given to the president for nearly a year, were "a transparent effort at 'graymail.' "

The prosecutor, Patrick J. Fitzgerald, said the requests for a large amount of sensitive information beyond what they had been given was unjustified. Mr. Fitzgerald told the federal judge hearing the case that defendants like Mr. Libby had an incentive to derail their trials by asking for sensitive documents that the government might not want discussed openly.

Graymail is the practice of discouraging a prosecution from proceeding by contending that a defendant may need to disclose classified or sensitive information as part of a full defense. Such an approach can force the government to choose between dropping the prosecution or allowing the information to be disclosed at a trial.

Before 1980, some officials escaped prosecution by threatening to disclose unspecified secrets in open court. Congress enacted the Classified Information Procedures Act in 1980 to ensure that the government was not surprised by any disclosures at trial.

If the defense intends to use classified information, it has to inform the government, and then the two sides argue before a judge in secret on whether the information is needed for full defense. If a judge decides that the defendant is entitled to the information, the government has to decide whether to accept the likelihood that the information may be disclosed in a trial or drop the prosecution.

John D. Cline, a lawyer in San Francisco and an authority on the classified-procedures law who is representing Mr. Libby, challenged the accusation that the defense was engaging in graymail. Mr. Cline said the 1980 law made graymail impossible because the government knew exactly what information the defense was seeking, and a judge must rule on whether it is necessary to the defense case.

"We are working lawfully and properly through the C.I.P.A. procedures to obtain documents essential to Mr. Libby's defense," he said. "All we want is a limited number of key documents that Mr. Libby either wrote or reviewed during the most critical period in this case."

Mr. Libby is charged with five felony counts, accusing him of lying to investigators about his role in the disclosure of the identity of a Central Intelligence Agency operative, Valerie Wilson. His lawyers have said they intend to mount a defense built on the idea that he was dealing with issues far more momentous than the disclosure of Ms. Wilson's identity to reporters. To that end, they have asked Mr. Fitzgerald to turn over many documents from the vice president's office and the C.I.A.

Mr. Libby's lawyers have asked Mr. Fitzgerald to give them the President's Daily Brief for 277 days beginning in May 2003. They have said those documents "are material to establishing that any misstatements he may have made were the result of confusion, mistake and faulty memory resulting from his immersion in other, more significant matters, rather than deliberate lies."

Mr. Fitzgerald called the request "breathtaking" and noted that the daily brief was "an extraordinarily sensitive document." He said the disclosure of part of the Aug. 6, 2001, daily brief to the Sept. 11 commission was the sole instance of a daily brief's being publicly disclosed.

In addition, the lawyers have asked Mr. Fitzgerald to provide information that he obtained from reporters about other officials who might have spoken to them about Ms. Wilson.

Read More...

Hamas set to take over assembly

BBC NEWS
Hamas set to take over assembly
By Alan Johnston
BBC News, Gaza

The militant movement Hamas is due to take control of the Palestinian parliament on Saturday.

Members will be sworn in and officials appointed at what will be the first session since the election, in which Hamas won a crushing victory.

The party is expected to form a government, but Israel refuses to deal with it unless Hamas recognises their state and lays down its arms.

Hamas refuses to do so, saying it has a right to resist Israeli occupation.

For years, the Hamas leaders lived half in hiding, hunted by the Israelis.

Many of their comrades have been assassinated, but now the survivors are about to step forward and take power.

It may well be, though, that they are leading their people into difficult days.

In the past, Hamas suicide bombers have struck many times in Tel Aviv, Jerusalem and elsewhere.

Europe, America and Israel regard Hamas as a terrorist organisation, and they may impose serious financial sanctions if a Hamas-led government refuses to recognise the state of Israel.

In Hamas' eyes, all of Israel is rightfully Palestinian land.

But it has indicated that it might agree to a long-term ceasefire if Israel completely ends its occupation of all the territory it captured in 1967 - the West Bank, East Jerusalem and Gaza.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/middle_east/4726494.stm

Read More...

Google rejects Justice Dept. bid for search info

Reuters
Google rejects Justice Dept. bid for search info
By Eric Auchard

SAN FRANCISCO (Reuters) - Google Inc. on Friday formally rejected the U.S. Justice Department's subpoena of data from the Web search leader, arguing the demand violated the privacy of users' Web searches and its own trade secrets.

Responding to a motion by U.S. Attorney General Alberto Gonzales, Google also said in a filing in U.S. District Court for the Northern District of California the government demand to disclose Web search data was impractical.

The Bush administration is seeking to compel Google to hand over Web search data as part of a bid by the Justice Department to appeal a 2004 Supreme Court injunction of a law to penalize Web site operators who allow children to view pornography.

Google is going it alone in opposing the U.S. government request. Rivals Microsoft Corp. and Yahoo Inc. are among the companies that have complied with the Justice Department demand for data to be used to make its case.

Google's lawyers said the company shares the government's concern with materials harmful to minors but argued that the request for its data was irrelevant. They offered a series of technical arguments why this data was not useful.

The Mountain View, California-based company said that complying with the U.S. government's request for "untold millions of search queries" would put an undue burden on the company, including a "week of engineer time to complete."

"Algorithms regularly change. The identical search query submitted today may yield a different result than the identical search conducted yesterday," attorneys from Perkins Coie LLP, the company's external legal counsel, argue in the filing.

Complying with the Justice Department request would also force Google to reveal how its Web search technology works -- something it jealously guards as a trade secret, the company argued. It refuses to disclose even the total number of searches conducted each day.

Google's resistance contrasts with a deal the company has struck with the Chinese government to censor some searches on a new site in China, a move that has drawn sharp criticism from members of the U.S. Congress and human rights activists.

"Google users trust that when they enter a search query into a Google search box ... that Google will keep private whatever information users communicate absent a compelling reason," attorneys for Google said in the filing.

The legal spat also comes amid heightened sensitivity to privacy issues by the company as it recently began offering a new version of its Google Desktop service that vacuums up data stored on user PCs and makes it accessible on the users' other computers. For customers who consent to the service, copies of their data are stored on Google's central computers.

Privacy activists have rallied to the defense of Google for fighting the U.S. government request while some conservative and religious organizations have criticized the company for failing to help the government combat child pornography.

The American Civil Liberties Union, with other civil rights groups, bookstores and alternative media outlets filed a friend of the court brief on behalf of Google.

The hearing on the Justice Department motion to compel Google to divulge the search data is scheduled to take place on March 13 in San Jose before U.S. District Judge James Ware.

"The government must show that this request is the most relevant way to accomplish its goal," said Perry Aftab, an attorney, privacy activist and executive director of WiredSafety.org, a popular online child safety site.

"Why would Google or anyone else turn over data that might create further risks for their customers? The public policy gains don't outweigh the risks," she said.

Read More...

Chavez warns US on oil after Rice remarks

Reuters
Chavez warns US on oil after Rice remarks
By Patrick Markey

CARACAS, Venezuela (Reuters) - Venezuelan President Hugo Chavez on Friday warned the United States would get no more Venezuelan oil if Washington "crosses the line" as relations between the two governments deteriorated in an escalating battle of words.

The latest exchange between the United States and top oil supplier Venezuela came two weeks after left-winger Chavez expelled a U.S. naval attaché accused of spying and Washington sent home a Venezuelan diplomat in tit-for-tat dispute.

Chavez's comments came a day after U.S. Secretary of State Condoleezza Rice said Washington wanted to curb his influence in South America by lobbying allies to criticize the former soldier allied with U.S. foe Cuba.

"The U.S. government should know that if they cross the line they will not have any Venezuelan oil," Chavez said at a public event. "I have started taking measures in that respect, I'm not going to say what," he said.

Venezuela, the world's No. 5 oil exporter, supplies 15 percent of U.S. energy imports. Chavez has warned the United States over its oil supplies before and he did not say what might trigger measures against U.S. shipments.

Analysts say it would be difficult for Caracas to cut oil sales to the United States, which takes half of its petroleum and has the refineries to process the heavy crude. Chavez is also benefiting from oil revenues to finance social programs for the poor as he prepares for an election in December.

Despite worsening ties, the Venezuelan ambassador to Washington said recently Venezuela would remain a secure oil supplier to the United States.

Fortified by soaring petroleum revenues, Chavez has reached out to his South American neighbors and captured anti-U.S. sentiment with his message of socialist revolution as an alternative to U.S.-backed free-market policies.

Chavez brands U.S. President George W. Bush "Mr. Danger" and often blasts U.S. "imperialist" policies. U.S. officials say the populist president is eroding democracy at home and working to destabilize the region.

"You form your front Mr. Danger and we'll form ours, front against front," Chavez said.

Rice said on Thursday Washington would try to curb Chavez's anti-American influence by reaching out to allies to expose any anti-democratic policies in what she termed an "inoculation" strategy to counter Chavez, who is allied to U.S. foe Cuba.

"I think it's fair to say that one of the biggest problems that we face in that regard are the policies of Venezuela, which as you say, are attempting to influence neighbors away from democratic processes," Rice told a congressional hearing.

She said she had contacted governments to publicly criticize a treason trial against leaders of a movement, Sumate, which had received U.S. funding and helped organize a 2004 referendum that failed to oust Chavez.

Since Chavez's 1998 election, relations between Washington and Caracas have steadily deteriorated even though Venezuela still supplies the U.S. markets. Chavez has sparred with Washington over arms sales to Venezuela and drug cooperation.

(Additional reporting by Magdalena Morales and Brian Ellsworth)

Read More...

Stem-cell research splits US Republicans

Reuters
Stem-cell research splits US Republicans
By John Whitesides, Political Correspondent

WASHINGTON (Reuters) - The emotional debate over embryonic stem-cell research has sharply split the Republican Party and could become a prominent election-year issue, with key U.S. Senate races in Missouri and Maryland emerging as early battlegrounds.

The Republican rift pits religious conservatives and abortion foes who oppose the research on moral grounds against supporters who tout its potential benefits in fighting diseases like Alzheimer's and Parkinson's.

With polls showing large majorities of Americans backing stem-cell research, some Republican candidates find themselves stuck in the middle. Democrats, who largely support the research, are eager to take advantage of their quandary.

"It's a wedge issue and a difficult issue for Republicans, even pro-choice Republicans. It splits libertarian, free-market Republicans from social conservative Republicans, and that can only help Democrats," said Matthew Crenson, a political analyst at Johns Hopkins University in Maryland.

The stem-cell debate could gain prominence later this year when the Senate is expected to consider a bill, already approved by the House of Representatives, to permit more federal funding of stem-cell research on human embryos.

President George W. Bush, who limited such funds in 2001, has threatened to veto the legislation. It would be his first veto as president.

The stem-cell issue already has put Republican Senate candidates on the defensive in Missouri and Maryland, two key races in November's battle for control of the U.S. Congress.

In Missouri, supporters are gathering signatures to put a referendum on the state ballot in November that would protect certain types of stem-cell research.

The popular referendum has fractured state Republicans and put incumbent Republican Sen. Jim Talent on the spot. Talent, who faces a tough challenge from Democratic state auditor Claire McCaskill, a supporter of stem-cell research, has not taken a stand.

But he recently dropped support for a controversial ban on human cloning and offered a compromise on stem-cell research, angering conservatives who were among his base supporters.

'POLITICAL NO MAN'S LAND'

"Talent is in a political no man's land where he is in the line of fire from people on both sides of the issue," said Sam Lee, director of Campaign Life Missouri, an anti-abortion lobbying group. Lee said opponents of stem-cell research were angry enough to skip voting for Talent in November.

In Maryland, Republican Lt. Gov. Michael Steele, who is running for the open seat of retiring Democrat Paul Sarbanes, apologized for remarks before Jewish leaders in Baltimore that seemed to compare stem-cell research to the Holocaust.

"You, of all folks, know what happens when people decide to experiment on human beings," Steele said.

He later expressed conditional support for embryonic stem-cell research but said it should be guided by "a moral compass."

Stem-cell research is opposed by conservative groups who compare it to abortion because it destroys embryos. But supporters, including some Republicans who oppose abortion rights, say the research offers crucial hope for medical breakthroughs.

Senate Republican leader Bill Frist angered some conservatives last year by breaking with Bush and seeking to ease limitations on stem-cell research.

During the 2004 presidential campaign, Democratic nominee Sen. John Kerry criticized Bush's decision to restrict such research. Other Bush critics have included former first lady Nancy Reagan, wife of conservative hero and former President Ronald Reagan.

But some Republicans say the issue was not a factor in 2004 and is not a driving force for most voters now.

"It would be hard to argue that an issue like this supersedes issues like the war on terror and the economy," said Brian Nick, spokesman for the Republican campaign committee.

Read More...

Democrats plan bill to block Dubai port deal

Reuters
Democrats plan bill to block Dubai port deal
By Jeremy Pelofsky and Caroline Drees

WASHINGTON (Reuters) - Two U.S. senators, citing national security concerns, said on Friday they would try to block a company backed by the United Arab Emirates government from acquiring a British firm that runs several U.S. ports.

Sens. Robert Menendez of New Jersey and Hillary Clinton of New York, both Democrats, said they would offer legislation to ban companies owned or controlled by foreign governments from acquiring U.S. port operations, targeting the $6.8 billion purchase of P&O by Dubai Ports World.

"We wouldn't turn the border patrol or the customs service over to a foreign government, and we can't afford to turn our ports over to one either," Menendez said in a statement. The Senate Banking Committee also plans to hold a hearing on the issue later this month.

P&O is already owned by a foreign company, but is not state-owned, and the concern is that the purchaser is owned by the Dubai government, which is part of the UAE. The Bush administration considers Dubai and the UAE a solid ally in its campaign against terrorism.

The UAE company would control management of major ports in New York and New Jersey, Baltimore, Philadelphia, New Orleans and Miami.

U.S. seaports handle 2 billion tons of freight each year. Only about 5 percent of containers are examined on arrival.

It was unclear whether there was broad support for the new legislation. But objections in Congress to the deal could complicate ties between the United States and the UAE.

Secretary of State Condoleezza Rice said she supported the U.S. government decision to approve the deal and that the administration may need to better explain its reasons to Congress.

"There was a thorough review. It was decided that this could be done and done safely," she said in an interview with Middle East-based media.

Rice plans to meet with some Gulf foreign ministers next week in Abu Dhabi, where the subject could come up.

"I understand the debate in the U.S. on the issue of P&O and Dubai Ports but we would like to emphasize that we have been a strong ally of the U.S. in combating terrorism and will remain so," UAE Foreign Minister Sheikh Abdullah bin Zayed al-Nahayan told Reuters.

A Dubai Ports World spokesman said ports the company managed met international security standards and that it had received all the U.S. regulatory approvals for the deal.

"All Dubai Ports World ports are ISPS (International Ship and Port Facility Security) certified as are the P&O ports in the U.S.," the spokesman told Reuters in Dubai.

The Committee on Foreign Investment in the United States (CFIUS), a U.S. inter-agency panel that reviews security implications of foreign takeovers of strategic assets, reviewed the transaction and did not object.

But both Republicans and Democrats in Congress urged the administration to conduct a more rigorous review. Some expressed fears that the UAE was used as a conduit for parts used for nuclear proliferation and that the local banking system had been abused by financiers with possible links to terrorist organizations.

The Senate Banking Committee plans to hold a hearing the week of February 27 to examine concerns about the P&O sale and the U.S. government review process, a panel spokesman said.

"This does not create a train wreck," said Jon Alterman, head of the Middle East program at the Center for Strategic and International Studies in Washington. "But it's not helpful for a huge number of things we do with the UAE, everything from cooperation on money laundering and trafficking to counterterrorism to defense issues and on and on."

U.S. officials have praised the UAE for steps to protect its booming financial sector against abuse by terrorism financiers. Money for the September 11 attacks was wired through the UAE's banking system, according to U.S. officials. Two of the September 11 hijackers were UAE citizens.

(Additional reporting by Saul Hudson in Washington, Dayan Candappa and Firouz Sedarat in Dubai)

Read More...