Tuesday, November 21, 2006

Judge Orders FBI to Correct Disclosures re: royal treatment of bin Laden Family and other Saudi Royals in days after 9/11

Yahoo! News
Judicial Watch: Judge Orders FBI to Correct Disclosures

WASHINGTON, Nov. 20 /U.S. Newswire/ -- Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that U.S. District Court Judge Richard W. Roberts of the U.S. District Court for the District of Columbia has ordered the Federal Bureau of Investigation to submit "proper disclosures" to the Court and Judicial Watch by December 15, 2006 concerning the U.S. government's evacuation of Saudi royals and members of the bin Laden family from the United States immediately following the 9/11 terrorist attacks.

In an analysis of the FBI documents produced to date, Roberts criticizes the adequacy of redaction descriptions, the accuracy of the sworn statement submitted with the documents, the validity of exemption claims, and other errors in the FBI's disclosures. Roberts' order also denied the U.S. government's request for summary judgment in Judicial Watch's lawsuit filed under the provisions of the Freedom of Information Act (Judicial Watch v. Department of Homeland Security & Federal Bureau of Investigation, No. 04-1643 (RWR)) Judicial Watch filed its original FOIA request on Oct. 7, 2003.

"The FBI's 220-page annotated production and accompanying...Declaration together do not, as they must, provide sufficient detail or precision about the withheld information...the FBI's motion for summary judgment will be denied and the FBI will be directed to file disclosures that fairly meet the requirements of (court precedent)," wrote Judge Roberts, noting that one particular FBI exemption argument "strains credulity."

Judicial Watch previously released a declassified "Secret" FBI report, dated September 24, 2003, entitled: "Response to October 2003 Vanity Fair Article (Re: (Redacted) Family Departures After 9/11/2001)." The report contains many redactions that the Justice Department claims were made in the privacy interests of the Saudi subjects identified in the report. New information detailing flights of Saudis out of the U.S. from Las Vegas, and Providence, RI are also in the report, as well as FBI procedures in processing the Saudi flights. It is apparent from the report that Bin Laden family members and Saudi royals were subject to only cursory, pro forma questioning by the FBI prior to their evacuation from the United States.

"We're pleased the court refuses to allow the FBI to cover its tracks by playing games with the open records process," said Judicial Watch President Tom Fitton. "The American people have a right to know why Saudi royals and members of the bin Laden family received special treatment in the days after 9/11."

To read the court order, and all other documents concerning the Saudi flights, visit Judicial Watch's Internet site, http://www.judicialwatch.org.

http://www.usnewswire.com/


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Bush picks medical director of organization opposing premarital sex, contraception and abortion to lead the nation's family planning program

Yahoo! News
Doc's appt. angers family planning group
By ANDREW BRIDGES, Associated Press Writer

The Bush administration, to the consternation of its critics, has picked the medical director of an organization that opposes premarital sex, contraception and abortion to lead the office that oversees federally funded teen pregnancy, family planning and abstinence programs.

The appointment of Eric Keroack, a Marblehead, Mass. obstetrician and gynecologist, to oversee the federal Office of Population Affairs and its $283 million annual budget has angered family-planning advocates.

Keroack currently is medical director of A Woman's Concern, a Christian nonprofit. The Dorchester, Mass.-based organization runs six centers in the state that offer free pregnancy testing, ultrasounds and counseling. It also works to "help women escape the temptation and violence of abortion," according to its statement of faith. And it opposes contraception, saying its use increases out-of-wedlock pregnancy and abortion rates.

"A Woman's Concern is persuaded that the crass commercialization and distribution of birth control is demeaning to women, degrading of human sexuality and adverse to human health and happiness," its contraception policy reads in part.

"The appointment of anti-birth control, anti-sex education advocate Dr. Eric Keroack to oversee the nation's family planning program is striking proof that the Bush administration remains dramatically out of step with the nation's priorities," Cecile Richards, president of the Planned Parenthood Federation of America, said in a statement.

A message left with A Woman's Concern was not immediately returned Friday.

Keroack's appointment as deputy assistant secretary for population affairs does not require Senate confirmation. He is expected to start work in the next several weeks, Department of Health and Human Services spokeswoman Christina Pearson said.

The department's assistant secretary for health, Dr. John Agwunobi, cited Keroack's experience in working primarily with "women and girls in crisis" in lauding his appointment.

"He regularly speaks to youth audiences on sexual risk behaviors and has been nationally recognized for his work on preventing teen pregnancy," Agwunobi said.

___

Office of Population Affairs: http://opa.osophs.dhhs.gov/

A Woman's Concern: http://partners.awomansconcern.org/




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Monday, November 20, 2006

The trial of Saddam Hussein was so flawed that its verdict is unsound, the advocacy group Human Rights Watch says.

BBC NEWS
Saddam trial 'flawed and unsound'
The trial of Saddam Hussein was so flawed that its verdict is unsound, the advocacy group Human Rights Watch says.

The former Iraqi leader was sentenced to death on 5 November after being convicted of crimes against humanity.

But HRW said it had documented "serious administrative, procedural and substantive legal defects" that meant he did not get a fair trial.

The Iraqi government has dismissed the report, telling the BBC that the trial was both "just and fair".

Appeal controversy

Saddam Hussein has two more weeks to lodge an appeal against the verdict - but his lawyer claims he has been blocked from doing so.

Chief defence lawyer Khalil al-Dulaimi told the BBC his team had been prevented from filing appeal papers. Under Iraqi law it must be done within a month of sentencing.

However, the chief prosecutor, Jafaar al-Mousawi, has told the BBC it was a fair trial.

He said the appeal would be automatic because a death sentence had been passed - and that the relevant papers had been sent to the appeal court.

Mr al-Mousawi's claims that the trial was fair were echoed by Iraqi Foreign Minister Hoshyar Zebari:

"We believe strongly that the trial was fair and Saddam Hussein had every right to defend himself," he told the BBC. "The procedure, I think, in the court, was witnessed by the whole world."

"It wasn't something done behind closed doors or through summary justice, as was the case during his rule. And we stand really by the court's verdict, and we believe the trial was just and fair."

Historical record

Saddam Hussein and seven co-defendants all faced charges of crimes against humanity relating to the deaths of 148 people in the mainly Shia town of Dujail following an assassination attempt on the Iraqi leader in 1982.

Two of his co-defendants also received death sentences.

Saddam Hussein is now being tried on a different set of charges relating to a military campaign against ethnic Kurds in the late 1980s, in which more than 180,000 people are alleged to have died.

The New York-based HRW group said the trials were among the most important since the Nazi trials in Nuremberg after World War II.

They "represent the first opportunity to create a historical record concerning some of the worst cases of human rights violations, and to begin the process of a methodical accounting of the policies and decisions that give rise to these events", the report said.

The BBC's David Loyn in Baghdad says HRW's disappointment is the greater because it considers the Iraqi court to have failed to take account of the international significance of this trial and the one currently under way.

Supporters of war crimes trials say that they can improve healing after conflict, our correspondent says, but like so much else in post-Saddam Iraq, his trial does not seem to have achieved that lofty ambition.

Lawyers murdered

HRW based its scathing assessment on extensive observation of court proceedings, and interviews with judges, prosecutors, defence lawyers and court administrators involved.

The imposition of the death penalty - an inherently cruel and inhumane punishment - in the wake of an unfair trial is indefensible
Human Rights Watch

The trial took just over one year to complete and was the first case brought before the Iraqi High Tribunal.

Proceedings were marked by frequent outbursts by both judges and defendants.

Three defence lawyers were murdered, three judges left the five-member panel and the original chief judge was replaced.

Defence lawyers boycotted proceedings but HRW said court-appointed counsel that took their place lacked adequate training in international law.

In addition, important documents were not given to defence lawyers in advance, no written transcript was kept and paperwork was lost, said HRW.

The defence was also prevented from cross-examining witnesses and the judges made asides that pre-judged Saddam Hussein.

'Indefensible penalty'

The US-led Coalition Provisional Authority decided that the Dujail trial would be held by an Iraqi court in Iraq, ruling out an international tribunal or a mixed Iraqi-international court under UN auspices, the HRW report said.

Because Iraqi lawyers and judges had been isolated from international criminal law, this decision resulted in a court that lacked the expertise to prosecute crimes against humanity on its own, the report said.

Defence counsel come under criticism in the report for trying to use the court as a political platform.

Meanwhile, the Iraqi government was guilty of influencing the independence of the judges, the report said, to the extent that the first chief judge resigned.

"Under such circumstances the soundness of the verdict is questionable," HRW concludes.

"In addition, the imposition of the death penalty - an inherently cruel and inhumane punishment - in the wake of an unfair trial is indefensible."

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/middle_east/6163938.stm



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Mass. Gov. Romney Asks Courts To Intervene In Effort To Block Gay Marriage

Yahoo! News
Romney seeks Mass. court help on gay marriage ban
By Kevin McNichols

Massachusetts Gov. Mitt Romney said on Sunday he would ask the state's highest court to intervene to let voters decide on a proposal to ban gay marriage in the only U.S. state where it is legal.

"This week we will file an action before the courts calling upon the judiciary to protect the constitutional rights of our citizens," Romney, a potential Republican presidential contender in 2008, told a rally organized by opponents of gay marriage.

Kris Mineau, president of the Massachusetts Family Institute, a conservative Christian organization that opposes gay marriage, said his group would also file lawsuits seeking to put the measure to the ballot.

Lawmakers in the state's Democrat-controlled legislature earlier this month dealt a huge blow to opponents of gay marriage when they adjourned without voting on a constitutional amendment that would have helped pave the way for the ballot question in 2008.

Romney, a vocal critic of gay marriage, plans to ask the state's Supreme Judicial Court, which legalized gay marriage, to order Massachusetts' secretary of the commonwealth to put the amendment on the ballot, his spokesman, Eric Fehrnstrom, said on Sunday.

Roughly 8,000 same sex couples have wed in the state since they got the right in 2004, but opponents of gay marriage say the issue should be up to voters to decide.

Speaking from the steps of the city's historic gold-domed statehouse, Romney, who is retiring and will be replaced by a Democratic governor in January, addressed nearly 5,000 people demonstrating for and against same sex marriage, according to state police estimates.

"It is an embarrassment that this governor is using the steps of the state house to promote bigotry and to promote his own presidential campaign because that is all this is. It is flat-out, unadulterated opportunism," said Boston resident Robyn Ochs.

In order for the proposal to ban gay marriage to get on the ballot in 2008, 25 percent of Massachusetts' 200-member Legislature would have to approve the measure in the current legislative session and one more time before the general election in 2008.

The Legislature returns on January 2, the last day of the session, but it is not expected to consider the amendment.




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Palestinians Form Human Shield To Protect Hamas Leaders

Yahoo! News
Palestinian shields foil Israeli strikes
By SARAH EL DEEB, Associated Press Writer

Hundreds of Palestinians serving as human shields guarded the homes of two top militants Sunday, a new tactic that forced Israel to call off missile strikes on the buildings and re-evaluate a mainstay of its aerial campaign in Gaza.

In recent months, the Israeli air force has repeatedly struck the homes of militants after warning residents by phone to clear out. Israeli security officials said they did not know how to respond to the human shield tactic, but pressed ahead with other airstrikes Sunday.

In Gaza City, an aircraft fired a missile at a car, killing one man and wounding nine, including two Hamas militants. Four of the wounded were children, ages 5 to 16, who suffered shrapnel injuries, hospital officials said.

The military said the target of the strike was a vehicle carrying senior members of the Hamas rocket launching operation.

The standoff over the homes of the militants began late Saturday when Mohammed Baroud, local leader of the Popular Resistance Committees, was informed by the army that his house would be hit. The three-story building is home to 17 people from Baroud's family. Another militant from Hamas also received a warning.

Instead of fleeing, though, the two decided to stay in their homes and called in reinforcements. They were quickly joined by crowds of supporters, including dozens of armed men, who gathered on balconies, rooftops and in the streets outside.

"Death to Israel. Death to America," the crowds chanted. Local mosques and Palestinian TV and radio stations also mobilized supporters.

Baroud, involved in rocket attacks on Israel, said he and his fellow militants had planned the response a few days earlier when another house was destroyed in a missile strike.

The army said it called off the nighttime airstrikes because of the crowds. It condemned what it said was a cynical exploitation "by the terrorists of uninvolved people as human shields."

Israeli military officials acknowledged they had no solution for the standoff. The officials spoke on condition of anonymity because they were not authorized to talk to the media.

By Sunday afternoon, about two dozen women were milling around on Baroud's roof, shielded from the sun by green tarp. One story below them, about a dozen men were resting on mattresses.

Baroud's mother, Umm Wael, said shifts had been organized in preparation for a long standoff. "Where should we go?" she said. "We will stay here or die in the house. Let them bring it down on our heads."

Prime Minister Ismail Haniyeh of Hamas stopped by to show support. "We are so proud of this national stand. It's the first step toward protecting our homes, the homes of our children," he said.

Also Sunday, Hamas militants in Gaza fired eight rockets at the Israeli town of Sderot, seriously wounding one person. Last week, a Sderot woman was killed in a rocket attack.

Israeli Defense Minister Amir Peretz called Palestinian President Mahmoud Abbas and demanded he invoke his authority to put an end to the rocket fire, the Defense Ministry said. Peretz told Abbas that Israel would not tolerate continued barrages.

Abbas responded by telling Peretz to stop Israel's military escalation in the Palestinian territories, according to the Palestinian news agency, WAFA.

In Jerusalem, Israeli Prime Minister Ehud Olmert criticized a U.N. resolution that calls on Israel to pull its troops from Gaza and requests a fact-finding mission into the death of 19 members of an extended family killed in an Israeli artillery attack earlier this month.

The resolution — which passed the General Assembly on Friday — received support from all members of the European Union after last-minute changes were made to soften the tone. Israel, Australia and the United States voted against it.

Olmert said Israel will not halt its five-month offensive in Gaza, which he said is a response to rocket fire from Palestinian militants, even though civilians are frequently caught in the crossfire.

He lashed out at members of the international community "who on their moral high-horse and eye-rolling ways view it as correct to initiate a U.N. resolution condemning us."

Hamas and Abbas' more moderate Fatah have been at loggerheads since the Islamic group came to power after winning January parliamentary elections. In recent weeks, the sides have been trying to put aside their differences and form a unity government in the hopes of ending international sanctions imposed on the government.

Israel and Western donor nations have demanded that Hamas renounce violence, recognize Israel's right to exist and accept past peace deals. Hamas rejects the conditions, and the emerging coalition government is expected to take a vague position toward Israel.

Haniyeh acknowledged that despite progress in the talks, there were no guarantees the new government would persuade the international community to lift sanctions.

"We want to feel more secure, to be more comfortable that they are going to be committed to these guarantees and lift the siege," Haniyeh told reporters after visiting the Baroud home.

___

Associated Press Writer Ibrahim Barzak contributed to this report.


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Senior Democrat calls for military draft with alternate choice of public service

Here is the beginning of my post.


Reuters
Senior Democrat calls for military draft
By Jackie Frank

WASHINGTON (Reuters) - An influential Democratic lawmaker on Sunday called for reinstatement of the draft as a way to boost U.S. troop levels and draw a broader section of the population into the military or public service.

U.S. Rep. Charles Rangel, the incoming chairman of the House of Representatives' tax-writing committee, said he would introduce legislation to reinstate the draft as soon as the new, Democratic-controlled Congress convenes in January.

[inserted from the end of this article, so this doesn't read like most of the press will report it:
Rangel said his legislation on the draft would also offer the alternative of a couple of years of public service with educational benefits.]

Asked on CBS' "Face the Nation" if he was still serious about the proposal for a universal draft he raised a couple of years ago, he said, "You bet your life. Underscore serious."

"If we're going to challenge Iran and challenge North Korea and then, as some people have asked, to send more troops to Iraq, we can't do that without a draft," he said.

Rangel, who opposed the 2003 invasion of Iraq, also said he did not think the United States would have invaded Iraq if the children of members of Congress were sent to fight. He has said the U.S. fighting force is comprised disproportionately of people from low-income families and minorities.

"I don't see how anyone can support the war and not support the draft. I think to do so is hypocritical," he said.

The New York Democrat had introduced legislation to reinstate the draft in January 2003 before the Iraq invasion. The Pentagon has said the all-volunteer army is working well and there is no need for a draft, and the idea had no traction in the Republican-led Congress.

Democrats gained control of both the House and Senate for the first time in 12 years in the November 7 election, and a wholesale change in the leadership of Congress is to be made in January. Rangel is to head the House Ways and Means Committee, which is charged with U.S. tax and trade legislation.

The draft was in place from 1948 to 1973, when the United States converted to an all-volunteer army. But almost all men living in the United States - including most male noncitizens - are required to register with the Selective Service upon reaching 18, and federal benefits, including financial aid for college studies, are contingent on registration.

Rangel said his legislation on the draft would also offer the alternative of a couple of years of public service with educational benefits.




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Sunday, November 19, 2006

We're Here To Clean Up The Mess

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U.S. vets make Vietnam-Iraq comparisons

U.S. vets make Vietnam-Iraq comparisons

HANOI (Reuters) - Aging American veterans of the unpopular Vietnam War are passing the torch of political advocacy to a younger generation coming out of Iraq with many of the same physical and mental scars.

The transition is happening as U.S. President George W. Bush becomes the second president to visit Vietnam since the Americans were chased out in April 1975 by Communists who unified the country and remain its one-party rulers.

His administration is globally criticized for its handling of the Iraq occupation and Bush himself has made a comparison between the Iraq carnage and the height of the Vietnam conflict.

"It is again the same thing, we've got money for bullets and bombs, we don't have money for bandages and medicines," Vietnam veteran Tom Leckinger said in his office in Hanoi, referring to what he sees as deficiencies in post-war health and other services for men and women who fought in Iraq and Afghanistan.

"That's a huge similarity which is doing nothing but angering these folks," said Leckinger, 56, who is the representative in Hanoi of the Vietnam Veterans of America Foundation (VVAF).

In the United States, VVAF changed its name six weeks ago to Veterans for America with the mission of "uniting a new generation of veterans with those from past wars to address the causes, conduct and consequences of war".

It is just one of several veterans advocacy groups.

On Saturday, Bush will visit the Hanoi office of the Joint POW/MIA Accounting Command that works on returning any prisoners of war and remains of those missing in action from past conflicts.

Bush, 50, who was a pilot in the Texas National Guard during the war but was not called up for Vietnam, arrived in Hanoi on Friday for a state visit and to attend the weekend Asia-Pacific Economic Cooperation (APEC) summit.

His predecessor Bill Clinton visited in 2000, five years after the normalization of diplomatic ties between former foes.

Post-traumatic stress disorder and the consequences of exposure to toxic material are just two of the similar problems experienced by survivors of Iraq, Afghanistan and Vietnam.

"For us, it was dioxin/agent orange and for them it's depleted uranium," Leckinger said.

Iraq war veteran Garett Reppenhagen says betrayal by leaders, being sent to war based on questionable intelligence and shifting rationales for staying there, is another common feeling.

"I am not sitting across from another generation of veterans in 20 years listening to how they were betrayed by their government and sent to war without proper training and equipment, without a plan and for causes that have proved fraudulent," Reppenhagen wrote in an email.

Reppenhagen, a Cavalry/Scout Sniper in the 1st Infantry Division in Baquaba, Iraq in 2004-2005, appeared last week on U.S. television with Vietnam War veteran Bobby Muller, founder of VVAF. Other groups such as Vietnam Veterans Against the War are supporting Iraq Veterans Against the War on anti-war activities.

The Vietnam War killed 58,000 U.S. troops and three million Vietnamese military and civilians.

As of Thursday, 2,863 Americans have been killed and more than 20,000 wounded in Iraq since the March 2003 U.S.-led invasion that toppled dictator Saddam Hussein. An estimated 51,000 to 58,000 Iraqi troops and civilians have been killed.


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Leahy Seeks Documents on Detention

Leahy Seeks Documents on Detention
Associated Press

Sen. Patrick J. Leahy (D-Vt.), who will chair the Senate Judiciary Committee next year, asked the Justice Department to release two newly acknowledged documents, which set U.S. policy on how terrorism suspects are detained and interrogated.

The CIA recently acknowledged the existence of the documents in response to a lawsuit by the American Civil Liberties Union.

The first is a directive President Bush signed giving the CIA authority to establish detention facilities outside the United States and outlining interrogation methods that may be used against detainees.

The second is a 2002 memo from the Justice Department's Office of Legal Counsel to the CIA's general counsel regarding interrogation methods that the spy agency may use against al-Qaeda leaders.

"The American people deserve to have detailed and accurate information about the role of the Bush administration in developing the interrogation policies and practices that have engendered such deep criticism and concern at home and around the world," Leahy wrote Attorney General Alberto R. Gonzales.

Leahy asked Gonzales to produce any revisions and analyses of those and other memos. He also requested agency documents that interpret the scope of interrogation practices permitted and prohibited by the Detainee Treatment Act or the Military Commissions Act.

The Justice Department will respond appropriately, spokesman Brian Roehrkasse said yesterday.

But he added that "it is vital to protect national security secrets," particularly in sensitive programs overseen by the intelligence committees. Roehrkasse also said the department will weigh whether the documents being sought fall under the category of confidential deliberations, including legal advice.


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Padilla Case Raises Questions About Anti-Terror Tactics; Treatment in Brig Could Hinder His Prosecution

Padilla Case Raises Questions About Anti-Terror Tactics
Treatment in Brig Could Hinder His Prosecution
By Dan Eggen
Washington Post Staff Writer

After he was arrested in 2002, Jose Padilla was considered so dangerous that he was held without charges in a military prison for more than three years -- accused first of plotting a radiological "dirty bomb" attack and later of conspiring with al-Qaeda to blow up apartment buildings with natural gas.

But now, nearly a year after his abrupt transfer into a regular criminal court, the Justice Department's prosecution of the former Chicago gang member is running into trouble.

A Republican-appointed federal judge in Miami has already dumped the most serious conspiracy count against Padilla, removing for now the possibility of a life sentence. The same judge has also disparaged the government's case as "light on facts," while defense lawyers have made detailed allegations that Padilla was illegally tortured, threatened and perhaps even drugged during his detention at a Navy brig in South Carolina.

The Justice Department denied the allegations of torture last week and is pursuing an appeal of the conspiracy ruling in hopes that the charge will be reinstated. Prosecutors on Thursday also took the unusual step of revealing that Abu Zubaida, an al-Qaeda lieutenant now imprisoned at Guantanamo Bay, Cuba, was a key source who led authorities to capture Padilla.

But some legal scholars and defense lawyers argue that the government's case is so fundamentally weak, and its legal options so limited, that Padilla could draw a relatively minor prison term or even be acquitted. The trial has already been postponed once, until January, and is almost certain to be delayed again.

The difficulties have reignited a debate in legal circles over whether terrorism suspects such as Padilla can be effectively prosecuted in regular criminal courts, or whether the Bush administration blew its chances by relying on questionable interrogation methods that cannot be used to build a criminal case.

Stephen I. Vladeck, an associate law professor at the University of Miami who has closely watched Padilla's case as it has unfolded in South Florida, said an acquittal or mixed result "would certainly add fodder to the position that the courts are not set up to handle these kinds of cases. But it also adds fodder to the other side that says they never had anything to begin with.

"This is the government's shot," Vladeck said. "It's certainly not near as strong a case as it was made out to be when the indictment was unsealed."

Padilla, now 35, was born in Brooklyn, N.Y., and had a history of criminal trouble as a teenage gang member in Chicago before moving to Florida and converting to Islam in the 1990s. He was first thrust into the spotlight in June 2002, when then-Attorney General John D. Ashcroft made a television appearance from Moscow to announce Padilla's arrest and designation as an "enemy combatant" by President Bush.

Two years later -- facing growing legal challenges over its decision to indefinitely detain a U.S. citizen without charges -- the administration took the unusual step of outlining a host of new allegations against Padilla, playing down the original accusations involving a "dirty bomb" plot.

James B. Comey, then the deputy attorney general, detailed Padilla's alleged travels around the Middle East from 2000 to 2002, including a trip to an al-Qaeda training camp in Afghanistan, meetings with senior al-Qaeda leaders and preparations for blowing up apartment buildings inside the United States.

Comey characterized many of these allegations as based on admissions by Padilla, and was candid in saying that much of the information could not be used in a criminal court -- a fact that has greatly complicated the government's position in the current case.

Attorney General Alberto R. Gonzales announced Padilla's indictment in late 2005, when he was added to a previous terrorism-support case in South Florida. By moving Padilla into criminal court, the administration managed to sidestep a potential ruling from the Supreme Court on whether the government had the authority to hold a U.S. citizen such as Padilla without charges.

The indictment did not mention the previous allegations against Padilla, or any planned attacks on U.S. soil. Instead, it alleged that Padilla joined two other defendants, Adham Amin Hassoun and Kifah Wael Jayyousi, in funneling money to terrorist groups for battles overseas.

Padilla's defense team, led by lawyers at the federal public defender's office in Miami, has attacked the case on several fronts, pushing for access to the alleged evidence against Padilla while also arguing that ill treatment during his confinement has polluted the government's case.

U.S. District Judge Marcia G. Cooke, appointed by Bush in 2004, rejected prosecutors' efforts to make defense attorneys adhere to special security restrictions and ordered the government to provide more access to evidence.

Padilla's attorneys say that his voice is heard on only eight of about 50,000 FBI wiretap recordings in the case, and that there is no mention of violence or jihad on any of the recordings connected to him.

In a motion to dismiss the case in October, federal public defender Michael Caruso and his team also alleged that Padilla "was tortured for nearly the entire three years and eight months of his unlawful detention. The torture took myriad forms, each designed to cause pain, anguish, depression and, ultimately, the loss of will to live. The base ingredient in Mr. Padilla's torture was stark isolation for a substantial portion of his captivity."

Among other things, the defense alleges that Padilla was held for 1,307 days in a 9-by-7-foot cell, isolated for days or weeks at a time, physically assaulted and threatened with execution and other violence, kept awake with lights and noises, and forced to take mind-altering drugs, possibly PCP or LSD.

The government counters that Padilla offers no evidence to back up the allegations and that, besides, his treatment by the military is irrelevant to the criminal case against him.

Robert M. Chesney, a specialist in national security law at Wake Forest University, said he thinks the government will be able to fend off many of the current challenges to its case, including Cooke's decision to throw out the murder conspiracy charge.

But he and other legal scholars on both sides of the debate say that the government's case could prove troublesome in front of a jury because of Padilla's seemingly minor role in the alleged conspiracy. It also remains to be seen whether the administration might try to rename Padilla as an enemy combatant if its prosecution begins to fall apart.

"I think the prosecution is ultimately going to emerge victorious on these legal questions," Chesney said. "But, from Day One, we've never had sufficient admissible evidence to fully prosecute Jose Padilla. That's the real problem they have, and it's been a problem from the beginning."

Staff researcher Julie Tate contributed to this report.



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Unlike Clinton, Bush Sees Hanoi in Bit of a Hurry

The New York Times
Unlike Clinton, Bush Sees Hanoi in Bit of a Hurry
By DAVID E. SANGER and HELENE COOPER

HANOI, Vietnam, Sunday, Nov. 19 — President Bush likes speed golf and speed tourism — this is the man who did the treasures of Red Square in less than 20 minutes — but here in the lake-studded capital of a nation desperately eager to connect with America, he set a record.

On Saturday, Mr. Bush emerged from his hotel for only one nonofficial event, a 15-minute visit to the Joint P.O.W./M.I.A. Accounting Command, which searches for the remains of the 1,800 Americans still listed as missing in the Vietnam War.

There were almost no Vietnamese present, just a series of tables displaying photographs of the group’s painstaking work, and helmets, shoes and replicas of bones recovered by the 425 members of the command. He asked a few questions and then sped off in his motorcade.

On Sunday morning, Mr. Bush attended an ecumenical church service in an old French-built Catholic basilica to underscore the need for greater religious freedom.

But the mood of this trip could not have been more different from the visit of another president, Bill Clinton, exactly six years ago this weekend, when he seemed to be everywhere.

And while the difference says much about the personalities of two presidents who both famously avoided serving in the war here, it reveals a lot about how significantly times have changed — and perhaps why America’s “public diplomacy” seems unable to shift into gear.

In 2000, tens of thousands of Hanoi’s residents poured into the streets to witness the visit of the first American head of state since the end of the Vietnam War. Mr. Clinton toured the thousand-year-old Temple of Literature, grabbed lunch at a noodle shop, argued with Communist Party leaders about American imperialism and sifted the earth for the remains of a missing airman.

On Saturday, Mr. Bush’s national security adviser, Stephen J. Hadley, conceded that the president had not come into direct contact with ordinary Vietnamese, but said that they connected anyway.

“If you’d been part of the president’s motorcade as we’ve shuttled back and forth,” he said, reporters would have seen that “the president has been doing a lot of waving and getting a lot of waving and smiles.”

He continued: “I think he’s gotten a real sense of the warmth of the Vietnamese people and their willingness to put a very difficult period for both the United States and Vietnam behind them.”

Perhaps, but the Vietnamese have barely seen or heard from Mr. Bush. He spoke at his first stop, Singapore, promising that “America will remain engaged in Asia.” But the response was tepid — the invited audience somehow missed several of built-in applause lines — and one senior Singaporean diplomat, declining to be quoted by name, said there was little in the speech “that his father didn’t say to us 15 years ago.”

Others questioned whether the United States was so fixated on the Middle East that China had been given free rein to spread its influence.

Here in Vietnam, what has been missing, at least so far, are the kinds of emotional moments of reconciliation that marked Mr. Clinton’s visit. Mr. Clinton took the two sons of the missing airman, Lt. Col Lawrence G. Evert, to a rice paddy in Tien Chau, a tiny town 17 miles northeast of Hanoi. There, they searched for remnants of the colonel’s F-150D Thunderchief, which crashed during a bombing run in 1967. Scores of nearby villagers joined in the effort, and the soil gave up the airman’s bones.

There will be none of that for Mr. Bush, but he plans to highlight the new Vietnam on Sunday and Monday at its stock exchange in Ho Chi Minh City. Then he moves on to Indonesia for a few hours to meet “civic leaders,” something he did three years ago in a stopover in Bali.

But Mr. Bush is not staying overnight in the world’s most populous Muslim nation, which Washington has portrayed as a critical test in the struggle to promote moderate, democratic Islamic states. The Secret Service said it was too dangerous, so he will spend the night in Hawaii.

Waiting for One More Star

The Hadong Silk shop in this city’s Old Quarter is the first port of call for well-heeled visitors on the hunt for the tailor-made silkwares for which Vietnam has become famous. This weekend, with heads of state from 21 countries in town for the Asia Pacific Economic Cooperation, a parade of dignitaries streamed in for fittings of made-to-order shirts, dresses and suits.

Laureen Harper, the wife of Canada’s prime minister, Stephen Harper, showed up on Friday, made a few purchases and signed the guestbook for Dang Thi Thu Thuy, the petite, exquisitely dressed owner. Ditto for Australia’s first lady, Janette Howard.

But Mrs. Thuy was searching for more. “We really hope that Mrs. Bush will come into our store,” she says. “We are waiting for her, but she hasn’t come.”

The walls of Hadong Silk are lined with giant framed photos of Hillary Rodham Clinton, who came to the shop during Mr. Clinton’s visit in 2000. There is a photo of Mrs. Clinton towering over three saleswomen, another of her standing next to Mrs. Thuy, both clad in silk suits, and one upstairs of her, surrounded by Secret Service agents, perusing silk blouses.

Vu Thi Thu Huong, a saleswoman, said the shop was so excited after Mrs. Clinton left, having bought 10 raw silk shirts for her husband, that the distinctive square collar on their men’s silk shirts was renamed the “Bill Clinton Collar.”

So, will there be a “George Bush Collar”?

Mrs. Thuy shrugged. “I’m not sure,” she said. She gestured to her camera, and said, “If she comes we will take her picture, too.”

Mrs. Bush visited the Temple of Literature, a monument to the legacy of Confucius, and the Museum of Ethnology, which focuses on Vietnam’s 54 ethnic groups. With the spouses of other leaders, she saw water puppets. It is unclear whether she bought any silk.

Statements of New Times

The Vietnamese are teetering somewhere between welcoming and overwhelmed as world leaders zoom through their streets and jam the hotels so fully that several diplomats have been housed in youth hostels.

The country wants to portray itself as a rising competitor to China, but this is still a city with the slow-paced feel of an Asia that has been largely lost, one where the bicycle and the moped are the chief modes of transportation, and where old houses cooled by lazy ceiling fans have yet to be bulldozed for look-alike condos, Beijing-style.

But it is also a place that reminds visitors of who prevailed over the Americans. One building that Mr. Bush zipped past is the Military History Museum, which displays a giant sculpture made of the broken fuselages and wings of downed French and American aircraft. The place was close to empty when Mr. Bush and his colleagues were meeting, but had he stopped by he would have heard a pretty one-sided account of the December 1972 bombing of Hanoi, and seen photographs of a troubled President Lyndon Johnson.

Just down the road, a giant banner mixes old and new. “The Great Ho Chi Minh Is Still Alive in Our Modernizaton and Industrial Progress!” it proclaims of the man who proclaimed Vietnamese independence.

If Mr. Ho were still alive, and able to sit up from his spot in the mausoleum, he would have seen road signs advertising the underwriting of the conference by Citigroup and Samsung.





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Embittered Insiders Turn Against Bush

Embittered Insiders Turn Against Bush
By Peter Baker
Washington Post Staff Writer

The weekend after the statue of Saddam Hussein fell, Kenneth Adelman and a couple of other promoters of the Iraq war gathered at Vice President Cheney's residence to celebrate. The invasion had been the "cakewalk" Adelman predicted. Cheney and his guests raised their glasses, toasting President Bush and victory. "It was a euphoric moment," Adelman recalled.

Forty-three months later, the cakewalk looks more like a death march, and Adelman has broken with the Bush team. He had an angry falling-out with Defense Secretary Donald H. Rumsfeld this fall. He and Cheney are no longer on speaking terms. And he believes that "the president is ultimately responsible" for what Adelman now calls "the debacle that was Iraq."

Adelman, a former Reagan administration official and onetime member of the Iraq war brain trust, is only the latest voice from inside the Bush circle to speak out against the president or his policies. Heading into the final chapter of his presidency, fresh from the sting of a midterm election defeat, Bush finds himself with fewer and fewer friends. Some of the strongest supporters of the war have grown disenchanted, former insiders are registering public dissent and Republicans on Capitol Hill blame him for losing Congress.

A certain weary crankiness sets in with any administration after six years. By this point in Bill Clinton's tenure, bitter Democrats were competing to denounce his behavior with an intern even as they were trying to fight off his impeachment. Ronald Reagan was deep in the throes of the Iran-contra scandal. But Bush's strained relations with erstwhile friends and allies take on an extra edge of bitterness amid the dashed hopes of the Iraq venture.

"There are a lot of lives that are lost," Adelman said in an interview last week. "A country's at stake. A region's at stake. This is a gigantic situation. . . . This didn't have to be managed this bad. It's just awful."

The sense of Bush abandonment accelerated during the final weeks of the campaign with the publication of a former aide's book accusing the White House of moral hypocrisy and with Vanity Fair quoting Adelman, Richard N. Perle and other neoconservatives assailing White House leadership of the war.

Since the Nov. 7 elections, Republicans have pinned their woes on the president.

"People expect a level of performance they are not getting," former House speaker Newt Gingrich (R-Ga.) said in a speech. Many were livid that Bush waited until after the elections to oust Rumsfeld.

"If Rumsfeld had been out, you bet it would have made a difference," Sen. Arlen Specter (R-Pa.) said on television. "I'd still be chairman of the Judiciary Committee."

And so, in what some saw as a rebuke, Senate Republicans restored Trent Lott (Miss.) to their leadership four years after the White House helped orchestrate his ouster, with some saying they could no longer place their faith entirely in Bush.

Some insiders said the White House invited the backlash. "Anytime anyone holds themselves up as holy, they're judged by a different standard," said David Kuo, a former deputy director of the Bush White House's faith-based initiatives who wrote "Tempting Faith," a book that accused the White House of pandering to Christian conservatives. "And at the end of the day, this was a White House that held itself up as holy."

Richard N. Haass, a former top Bush State Department official and now president of the Council on Foreign Relations, said a radically different approach to world affairs naturally generates criticism. "The emphasis on promotion of democracy, the emphasis on regime change, the war of choice in Iraq -- all of these are departures from the traditional approach," he said, "so it's not surprising to me that it generates more reaction."

The willingness to break with Bush also underscores the fact that the president spent little time courting many natural allies in Washington, according to some Republicans. GOP leaders in Congress often bristled at what they perceived to be a do-what-we-say approach by the White House. Some of those who did have more personal relationships with Bush, Cheney or Rumsfeld came to feel the sense of disappointment more acutely because they believed so strongly in the goals the president laid out for his administration.

The arc of Bush's second term has shown that the most powerful criticism originates from the inside. The pragmatist crowd around Colin L. Powell began speaking out nearly two years ago after he was eased out as secretary of state. Powell lieutenants such as Haass, Richard L. Armitage, Carl W. Ford Jr. and Lawrence B. Wilkerson took public the policy debates they lost on the inside. Many who worked in Iraq returned deeply upset and wrote books such as "Squandered Victory" (Larry Diamond) and "Losing Iraq" (David L. Phillips). Military and CIA officials unloaded after leaving government, culminating in the "generals' revolt" last spring when retired flag officers called for Rumsfeld's dismissal.

On the domestic side, Bush allies in Congress, interest groups and the conservative media broke their solidarity with the White House out of irritation over a number of issues, including federal spending, illegal immigration, the Supreme Court nomination of Harriet Miers, the response to Hurricane Katrina and the Dubai Ports World deal.

Most striking lately, though, has been the criticism from neoconservatives who provided the intellectual framework for Bush's presidency. Perle, Adelman and others advocated a robust use of U.S. power to advance the ideals of democracy and freedom, targeting Hussein's Iraq as a threat that could be turned into an opportunity.

In an interview last week, Perle said the administration's big mistake was occupying the country rather than creating an interim Iraqi government led by a coalition of exile groups to take over after Hussein was toppled. "If I had known that the U.S. was going to essentially establish an occupation, then I'd say, 'Let's not do it,' " and instead find another way to target Hussein, Perle said. "It was a foolish thing to do."

Perle, head of the Pentagon's Defense Policy Board at the time of the 2003 invasion, said he still believes the invasion was justified. But he resents being called "the architect of the Iraq war," because "my view was different from the administration's view from the very beginning" about how to conduct it. "I am not critical now of anything about which I was not critical before," he said. "I've said it more publicly."

White House officials tend to brush off each criticism by claiming it was over-interpreted or misguided. "I just fundamentally disagree," Cheney said of the comments by Perle, Adelman and other neoconservatives before the midterm elections. Others close to the White House said the neoconservatives are dealing with their own sense of guilt over how events have turned out and are eager to blame Bush to avoid their own culpability.

Joshua Muravchik, a neoconservative at the American Enterprise Institute, said he is distressed "to see neocons turning on Bush" but said he believes they should admit mistakes and openly discuss what went wrong. "All of us who supported the war have to share some of the blame for that," he said. "There's a question to be sorted out: whether the war was a sound idea but very badly executed. And if that's the case, it appears to me the person most responsible for the bad execution was Rumsfeld, and it means neocons should not get too angry at Bush about that."

It may also be, he said, that the mistake was the idea itself -- that Iraq could serve as a democratic beacon for the Middle East. "That part of our plan is down the drain," Muravchik said, "and we have to think about what we can do about keeping alive the idea of democracy."

Few of the original promoters of the war have grown as disenchanted as Adelman. The chief of Reagan's arms control agency, Adelman has been close to Cheney and Rumsfeld for decades and even worked for Rumsfeld at one point. As a member of the Defense Policy Board, he wrote in The Washington Post before the Iraq war that it would be "a cakewalk."

But in interviews with Vanity Fair, the New Yorker and The Post, Adelman said he became unhappy about the conduct of the war soon after his ebullient night at Cheney's residence in 2003. The failure to find weapons of mass destruction disturbed him. He said he was disgusted by the failure to stop the looting that followed Hussein's fall and by Rumsfeld's casual dismissal of it with the phrase "stuff happens." The breaking point, he said, was Bush's decision to award Medals of Freedom to occupation chief L. Paul Bremer, Gen. Tommy R. Franks and then-CIA Director George J. Tenet.

"The three individuals who got the highest civilian medals the president can give were responsible for a lot of the debacle that was Iraq," Adelman said. All told, he said, the Bush national security team has proved to be "the most incompetent" of the past half-century. But, he added, "Obviously, the president is ultimately responsible."

Adelman said he remained silent for so long out of loyalty. "I didn't want to bad-mouth the administration," he said. In private, though, he spoke out, resulting in a furious confrontation with Rumsfeld, who summoned him to the Pentagon in September and demanded his resignation from the defense board.

"It seemed like nobody was getting it," Adelman said. "It seemed like everything was locked in. It seemed like everything was stuck." He agrees he bears blame as well. "I think that's fair. When you advocate a policy that turns bad, you do have some responsibility."

Most troubling, he said, are his shattered ideals: "The whole philosophy of using American strength for good in the world, for a foreign policy that is really value-based instead of balanced-power-based, I don't think is disproven by Iraq. But it's certainly discredited."



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Saturday, November 18, 2006

When Hacks Attack

Huffington Post
When Hacks Attack
by Taylor Marsh

You can get caught with your fly open and diddling a teenage page and elicit sympathy, while a drug hoarding radio host gets a pass for using his housekeeper as a pusher. That same host can then get caught with sex drugs in a bogus bottle at an airport, coming back from an all male weekend in one of the child sex capitals of the world, but his radio show doesn't miss a beat. Meanwhile, the former (we assume) foot fetishist Dick Morris is still Sean Hannity's favorite hack, pontificating out his pie hole about all things anti-Hillary. Oliver Iran-contra North has his own TV show, with former felon G. Gordon Liddy holding court on radio. A compulsive gambler is not only kept on radio, but given a spot on CNN, while telling the world about morals. Newt Gingrich, the disgraced speaker of the House and multiple marriage man, is still the go-to guy for Hannity on Fox. A man who reportedly married his third cousin (then divorced her), one of 2 (or is it 3?) marriages, just announced his presidential bid; the other GOP bidder a self-proclaimed philanderer, as well. But God help you if you're a woman against a war with a champion you want to promote to leadership; a person who helped raise the war debate to a campaign issue that carried your party to power, but loses that race. Let the corporate clucking begin.

Make no mistake about it, Murtha falling short of majority leader was a loss for Pelosi. So what? She stood by the man who brought the Iraq war into the debate and changed the subject from "stay the course" to "change course and redeploy." Steny Hoyer was gracious in his overwhelming win, as was speaker-elect Pelosi, making it clear that Murtha's power lives on to fight the fight in his subcommittee, where he holds the defense purse strings for the war. Pass the president the Tumms.

Photo op. Press conference. It's done. Next item.

But no-no-no. Cue the hack attack.

"Speaker Pelosi Tempts Disaster": Nancy Pelosi has managed to severely scar her leadership even before taking up the gavel as the new speaker of the House.

Her Own Worst Enemy - Speaker-elect Nancy Pelosi lost big on the Steny Hoyer-Jack Murtha race, is the headline from Howard Fineman. But he doesn't stop there, describing the majority leader contest as "the fiasco known as the Hoyer-Murtha Race."

Then there is Timothy Noah's Dump Pelosi? - Let's put the new House speaker on probation.

The ever obtuse TNR spews that Murtha's loss is a "real embarassment (sic) for Nancy Pelosi. ... How can Pelosi recover."

Digby, Glenn Greenwald, Think Progress, The Nation, have the antidote for this drivel (so does Sirota).

Oh, and by the way, so does Tom DeLay.

But it was renegade DeLay who had a surprise. "I'm going to shock you," said he. "I think the real Person of the Year ought to be Nancy Pelosi, the new speaker of the House. She worked for years putting a strategy together, building a huge coalition. She held the Democrats together in the House like I have never seen before. She is going to change America!"

Spoken like a very good sport from one mortal enemy about another.

Movers, shakers gather to help Time select person of the year (h/t)

Tom Delay not only appreciating the power, prestige and political capabilities of speaker-elect Nancy Pelosi, but nominating her for TIME magazine's person of the year? I'm caught between nausea and acknowledging a nod from the man who built the most powerful House machines in GOP history. I'll leave it to mull.

A president takes us into a war, first giving the rationale that we were going to be hit with WMD, which then went from "gathering threat" and "mushroom cloud" to "we know where they are" and "smoking gun," to "reconstituting its nuclear weapons" and "weapons programs," which was bad enough, to end up at ... "weapons of mass destruction-related program activities." All this, but it's the Democrats who are being constantly chastised by the likes of Sean Hannity and the other chickenhawks for wanting investigations into how we got into this war, the war profiteering that happened on Bush's watch, all the way to the incompetence of Donald Rumsfeld and his wholesale refusal to submit to Goldwater-Nichols.

But let Speaker-elect Nancy Pelosi back the one man responsible for raising the dialogue on the war to a campaign issue, which took us to victory, and she is pilloried by the corporate press, as well as every chattering class political pundit in the pack, when he loses that bid.

Bush had capital to spend after the 2004 election that was won by a razor thin margin, but when speaker-elect Pelosi rides to victory in a WIPE OUT her capital is spent with one leadership battle. I get it.

I smell something rotten and it's the mass of collected hubris the clucking pundits are sitting upon, which they now feel the need to release like the wind escaping from Karl Rove's bubble. Who died and elected these people to anything? It certainly wasn't the American people.

One time at bat, your done, madame speaker-elect. Consider yourself warned and marginalized. You are "tempting disaster," a "real embarassment (sic)," immediately put "on probation, and your "own worst enemy." Yes, God forbid you stand up for something you believe in and lose ONE battle.

Politics ain't beanbag, goes the old saying. I guess we can be glad that the corporate hacks at CNN, MSNBC, NEWSWEEK, The New York Times, the Washington Post, as well as TNR, Slate, and all the other political assassins hunting for Nancy Pelosi aren't in a real position of leadership. A position which requires you to stand up and take a position, even if it's unpopular and sometimes -- perish the thought -- lose ONE battle.

There is something I keep close at hand, especially for times like these. Eleanor Roosevelt got it right.

Because Eleanor wasn't afraid to speak her mind and take action, she had enemies. Some people criticized her opinions, while others made fun of her big teeth and unfashionable clothes. "Every woman in public life needs to develop skin as tough as rhinoceros hide," was Eleanor's response. - An Inspiring Life

Good advice for any woman (or any man, for that matter), but particularly for Speaker-elect Nancy Pelosi who has many more battles ahead.

Cue the clucking, phase two.

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Dutch to ban wearing of Muslim burqa in public

Reuters
Dutch to ban wearing of Muslim burqa in public
By Alexandra Hudson

AMSTERDAM (Reuters) - The Dutch government agreed on Friday a total ban on the wearing of burqas and other Muslim face veils in public, justifying the move on security grounds.

Immigration Minister Rita Verdonk will now draw up legislation which will result in the Netherlands, once one of Europe's most easy-going nations, imposing some of the continent's toughest laws against concealing the face.

"The cabinet finds it undesirable that garments covering the face -- including the burqa -- should be worn in public in view of public order, (and) the security and protection of fellow citizens," the Dutch Justice Ministry said in a statement.

The debate on face veils and whether they stymie Muslim integration has gathered momentum across Europe.

The Netherlands would be the first European state to impose a countrywide ban on Islamic face coverings, though other countries have already outlawed them in specific places.

The move by the center-right government comes just five days before a general election. The campaign has focused so far on issues like the economy rather than immigration because most mainstream parties have hardened their stances in recent years.

Last December Dutch lawmakers voted in favor of a proposal by far-right politician Geert Wilders to outlaw face-coverings and asked Verdonk to examine the feasibility of such a ban.

Because veils were worn for religious reasons, she had feared new legislation could come into conflict with religious freedom laws. But she said on Friday this was not the case.

MUSLIM HEADSCARF

Existing legislation already limits the wearing of burqas and other total coverings on public transport or in schools.

France has banned the Muslim headscarf and other religious garb from state schools while discussion in Britain centers on limiting the full facial veil, or niqab.

Italy has a decades-old law against covering the face in public as an anti-terrorism measure. Some politicians have called for this rule to be enforced against veiled Muslim women.

The Muslim community estimates that only about 50 women in the Netherlands wear the head-to-toe burqa or the niqab, a face veil that conceals everything but the eyes.

Dutch Muslim groups have complained a burqa ban would make the country's 1 million Muslims feel more victimized and alienated, regardless of whether they approve of burqas or not.

"This will just lead to more girls saying 'hey I'm also going to wear a burqa as a protest'," Naima Azough, a member of parliament from the opposition Green Left, told an election campaign meeting for fellow members of the Moroccan community.

Job Cohen, the Labour mayor of Amsterdam, said he opposed burqas in schools and public buildings, and said women wearing one who failed to get a job should not expect welfare benefits.

"From the perspective of integration and communication, it is obviously very bad because you can't see each other so the fewer the better," he told foreign journalists.

"But actually hardly anybody wears one ... The fuss is much bigger than the number of people concerned."

Since the murder of anti-immigration maverick Pim Fortuyn in 2002, the Dutch have lost a reputation for tolerance, pushing through some of Europe's toughest entry and integration laws.

Social and religious tensions have escalated in the last few years, exacerbated by the murder of film director and Islam critic Theo van Gogh by a Dutch-Moroccan militant in 2004.

(Additional reporting by Emma Thomasson)



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Government censured on family planning policies

Reuters
Government censured on family planning policies
By Maggie Fox, Health and Science Editor

WASHINGTON (Reuters) - A congressional report has criticized the Bush administration for failing to check if federally funded abstinence-only programs actually work to curb teen sex.

Advocacy groups joined the criticism, and also attacked the appointment of a top family planning official who they say opposes any use of contraceptives.

The advocates said both developments showed the government of President George W. Bush was determined to impose a deeply conservative Christian agenda onto federal programs.

The Government Accountability Office, the investigative arm of Congress, said the Health and Human Services Department was funding controversial abstinence-only programs without checking to see whether they reduced teen pregnancy rates.

The GAO report focused on three abstinence programs that received $158 million in federal funding last year.

"Efforts by HHS and states to assess the scientific accuracy of materials used in abstinence-until-marriage education programs have been limited," the GAO report reads.

Several studies have suggested that abstinence-only education does not reduce teen pregnancy rates. And the U.S. Centers for Disease Control and Prevention finds high rates of teen sex even after several years of government-funded abstinence education programs.

"In 2005, 46.8 percent of high school students reported that they have ever had sexual intercourse, with 14.3 percent of students reporting that they had had sexual intercourse with four or more persons," the GAO report reads.

HHS said it does review whether its programs work.

"There is no mention in the report that grantees are now required to spend at least 15 percent of their federal funding on evaluation activities," the HHS said in its response.

"Depending on the amount of the project, this amount could be up to $450,000 over five years for each grant awarded."

Some advocacy groups have long criticized the abstinence policy.

"As a public health agency, it is their job to ensure that taxpayer dollars are not spent to spread misinformation and half-truths with potentially life-threatening consequences," said James Wagoner, president of Advocates for Youth.

Groups were also angry about the appointment of Dr. Erik Keroack as deputy assistant secretary for population affairs, a job in which he will advise HHS Secretary Mike Leavitt on teen pregnancy and abstinence programs.

Keroack was formerly the medical director of A Woman's Concern, a network of pregnancy health centers in Massachusetts that advise against the use of contraception and advocate abstinence as a way to avoid pregnancy and sexually transmitted diseases.

"The appointment of anti-birth control, anti-sex education advocate Dr. Eric Keroack to oversee the nation's family planning program is striking proof that the Bush administration remains dramatically out of step with the nation's priorities," said Cecile Richards, President of the Planned Parenthood Federation of America.

The group's Web site at http://www.awomansconcern.org had removed most references to contraception but Planned Parenthood had cached versions.

"AWC staff and volunteers will not distribute brochures, books or other materials that advocate and promote the use of contraception," the cached Web page reads.

HHS Assistant Secretary for Health Dr. John Agwunobi defended the appointment.

"Dr. Keroack is highly qualified and a well-respected physician. He has served as an obstetrician/gynecologist in private practice and non-profit settings, working primarily with women and girls in crisis," Agwunobi said in a statement.

(Additional reporting by Andy Sullivan in Washington)




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Another Republican blocks Bush pick to lead US FDA

Reuters
Another Republican blocks Bush pick to lead US FDA
By Susan Heavey

WASHINGTON (Reuters) - Senate Finance Committee Chairman Charles Grassley has protested U.S. President George W. Bush's pick to head the Food and Drug Administration, according to a letter released on Friday, making him the third Republican lawmaker blocking the nomination.

Nominee Andrew von Eschenbach, who has served as acting FDA commissioner since September 2005, refused to cooperate with a Senate investigation into a controversial antibiotic that included requests for agency documents and staff interviews, Grassley said.

"I am extremely disturbed by the Acting Commissioner's continued failure to comply with the committee's subpoenas over the past six months," Grassley, an Iowa Republican, wrote in a November 16 letter to Senate Majority Leader Bill Frist.

A Grassley spokeswoman said the subpoenas in question were related to the FDA's 2004 approval of Sanofi-Aventis' antibiotic Ketek. The FDA said this week it would ask an outside panel of experts if Ketek should remain on the market after reports of liver failure in a dozen patients.

Ketek is used to treat chronic bronchitis and some forms of sinusitis and pneumonia. Grassley's committee has been investigating reports that some doctors studying the drug falsified data or failed to keep accurate records.

Grassley also complained that his other requests to the FDA and its umbrella agency -- the Department of Health and Human Services -- received responses an average of 101 days late.

The FDA, in a November 16 letter to Sen. Frist, said it had been "actively engaged" since Grassley made his initial request in April. According to the agency, the senator wrote the FDA 17 times, and the FDA has provided more than 100,000 pages of documents.

The FDA was continuing work on several requests but cited confidentiality concerns with others, according to the letter. It was inappropriate for Grassley to interview one staffer in question because of pending regulatory matters, it added.

"Senator Grassley's document request covered a vast number of documents from several components of FDA," David Boyer, the FDA assistant commissioner for legislation, wrote to Frist.

"Identifying, locating, gathering and reproducing the appropriate responsive documents was a time- and labor-intensive process, involving dozens of agency staff."

Von Eschenbach's nomination already faced protests from two other Republican senators.

Sen. Jim DeMint of South Carolina has opposed a confirmation vote because of concerns about the safety of the abortion pill known as RU-486, or Mifeprex, while Sen. David Vitter of Louisiana has said he will object until prescription drug imports are legalized.

The Senate Health, Education, Labor and Pensions Committee has approved Eschenbach's nomination, but individual senators can use a certain procedure to block the necessary full-Senate vote.

The FDA has not had a permanent leader for all but 18 months of Bush's nearly six years in office.

Bush tapped von Eschenbach for the permanent post in March. Two Democratic senators previously blocked his nomination but later withdrew their protests after the FDA approved access to emergency contraception without a doctor's prescription.




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Friday, November 17, 2006

Criminal probe into Foley e-mails begins

USA TODAY
Criminal probe into Foley e-mails begins

WEST PALM BEACH, Fla. (AP) — Florida authorities have opened a criminal investigation into the sexually explicit computer messages that former Rep. Mark Foley sent to male congressional pages.

"It was a preliminary inquiry before, but we found the basis to open up a criminal investigation," Kristen Perezluha, a spokeswoman for the Florida Department of Law Enforcement, said Thursday. She would not elaborate.

The FBI is investigating whether Foley broke federal laws, and the House Ethics Committee is looking into whether senior GOP officials hid what they knew about the messages.

Foley resigned Sept. 29 after being confronted with the lurid communications. His attorney, David Roth, has said Foley never had inappropriate sexual contact with minors. He declined to comment Thursday on the criminal investigation.

Florida law prohibits seducing or attempting to seduce a minor. However, authorities have said the term "seduce" is open to interpretation.

Foley has returned to Florida to attend his father's funeral, set for Saturday, after spending more than a month in an Arizona rehabilitation facility for alcoholism, Roth said. Edward Foley died Tuesday of cancer.

Foley entered the treatment facility Oct. 1, shortly before his attorneys announced he was gay, an alcoholic and had been molested by a priest as a teenage altar boy in Florida.

The Rev. Anthony Mercieca, who has retired to the island nation of Malta, has admitted having inappropriate encounters with Foley, including massaging him in the nude and skinny-dipping together. He denies having sex with Foley.

Foley has not been seen publicly since shortly after his resignation.



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DeLay Successor Seeks Inquiry Into Missing Computer Files

Washington Post
DeLay Successor Seeks Inquiry Into Missing Computer Files
By Charles Babington
Washington Post Staff Writer

Just when it seemed things could get no stranger regarding the House seat once held by Texas Republican Tom DeLay, his successor called for an investigation into missing computer records last night, and an aide accused her of "disrespect and unprofessionalism."

Rep. Shelley Sekula-Gibbs (R-Tex.), who is warming the 22nd District seat for only a few weeks, said that former DeLay employees apparently deleted the office's computer files shortly before they walked out, en masse, on Tuesday.

The records dated from her assumption of the office Nov. 8 and did not involve matters related to the former majority leader, Sekula-Gibbs said in an interview in her unadorned office in the Cannon Building. Those who erased the records, she said in a statement, "have harmed the 22nd congressional district" and "brought shame to this office." She has asked for an investigation.

David James, DeLay's former chief of staff, who stayed to work for Sekula-Gibbs -- until Tuesday's walkout -- said last night that the office computers "were scrubbed and reconfigured by an outside vendor in the days immediately prior to her assuming office," as House policies require. The new congresswoman was given a copy of everything "electronically or in hard copy, or both," James said in a statement.

DeLay, facing indictment in Texas, resigned from his House seat in June, triggering two elections on Nov. 7 in his Houston area district. The first, won by Sekula-Gibbs, was a special election to complete his term in the 109th Congress, which will adjourn next month. The other, won by Democrat Nick Lampson, is for the full two-year term of the 110th Congress, which convenes in January.

Sekula-Gibbs, a dermatologist, arrived for Congress's lame-duck session with ambitions for funding a fence along the Mexican border, making a number of tax cuts permanent and achieving other goals that may or may not be possible in the handful of appropriations bills on Congress's plate.

She also invited President Bush and Vice President Cheney to her swearing-in, prompting titters among some GOP staffers. Yesterday she said the invitations were a courtesy and "it's absurd to think that I thought they would come."

James and half a dozen other former DeLay staffers were on board to help Sekula-Gibbs finish the 109th Congress's business. But they abruptly left their posts Tuesday, during her open house celebration. Sekula-Gibbs said she has no idea why they left. But James said in his statement: "Never has any member of Congress treated us with as much disrespect and unprofessionalism as we witnessed during those five days."

Earlier in the day, James had briefly returned to the office to turn in his House identification badge, a key and his laptop computer, along with a sergeant-at-arms receipt acknowledging their return. Sekula-Gibbs was out of the office, and James quickly left.


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Roberts Says High Court Not About 'Political Preferences'; Chief Justice Says Separation of Powers Is Important

ABC News
Roberts Says High Court Not About 'Political Preferences'
Chief Justice Says Separation of Powers Is Important
By JAN CRAWFORD GREENBURG

Nov. 13, 2006 — - Chief Justice John G. Roberts, the former small town boy from Indiana who now presides over the highest court in the land, said today in a rare conversation that he doesn't believe justices should make their rulings based on "personal policy preferences," and spoke with enthusiasm about his respect for the separation of powers.

In a wide ranging discussion in front of a crowd of more than 3,000 people at the University of Miami, Roberts talked about his new job and his family and whether anybody can tell Justice Antonin Scalia what to do.

"Not a single person has voted for me and if we don't like what the people in Congress do we can get rid of them, you know, if you don't like what I do, it's kind of too bad. And that is to me an important constraint," Roberts said. "It means that I'm not there to make a judgment based on my personal policy preferences or my political preferences.

"The only reason, the reason I'm protected from those political pressures is because I'm supposed to make a decision based on the law," he said. "And so I don't think it would be a good idea to turn all the hard issues over to the courts. Those hard issues belong in Congress, they belong in the executive branch. Courts have the responsibility to make sure that those branches abide by the legal limits of the Constitution."

With self-deprecating humor, Roberts explained the events leading up to his nomination and the unforgettable televised presidential press conference in July 2005 when his young son, Jack Roberts, began dancing at the foot of President Bush.

"I'm there standing and the president is announcing the nomination," Roberts said. "I'm trying to think what to say in response and I look over at my wife and two children, then I look over at my wife and one child and it wasn't our fault, to be perfectly honest -- it was late, it was past their bedtime, it was 9 o'clock. People think Jack was dancing -- he was not dancing, he was being spider man, shooting the webs off."

His nomination almost didn't come off in the first place, as he revealed the chaos that occurred as he tried to rush home from a teaching stint in London when he was called back to Washington by the White House.

He nearly missed a call from the president offering him the top legal job in the country because the taxi driver bringing him from the airport got lost.

Roberts spoke about his own upbringing and leaving his life as captain of his high school football team for the academic rigor of Harvard, where he completed both undergraduate studies as well as law school.

At the time there were campus protests and political upheaval in the country, and Roberts felt stung by some students who seemed to be celebrating "in favor of our enemies." His first trip home from Harvard was his first time in an airplane. From Harvard, Roberts went on to serve as a clerk to then associate Justice William Rehnquist, never dreaming that 25 years later he would inherit his seat.

Roberts also revealed details regarding the closed-door conferences the justices attend to begin secretly debating the cases on the docket.

"I have the same vote everybody else does. And we decide things as a collegial body after consultation," he said. "The chief justice really doesn't have a lot of authority of the sort that would cause you to refer to him as a boss."

He can't tell Scalia how to vote?

"I don't think anyone can tell Justice Scalia what to do," Roberts said.



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Democrats want to make baseline for wages $7.25

CNN.com
Democrats want to make baseline for wages $7.25

WASHINGTON (AP) -- Democrats are readying a maximum effort to raise the minimum wage.

Sen. Edward Kennedy of Massachusetts said Thursday that increasing the federal minimum wage from $5.15 to $7.25 would be his top priority as chairman of the Senate Committee on Health, Education, Labor and Pensions.

On the House side, incoming Speaker Nancy Pelosi, D-California, already has listed an increase in the minimum wage as one of the issues that would be taken up during the first 100 hours of the next Congress. (Watch how congressmen make four times what the average U.S. family does -- 1:50Video)

"Americans are working harder than ever, but millions of hardworking men and women across the country aren't getting their fair share," Kennedy said during a speech outlining his legislative agenda for next year. "We're not rewarding work fairly anymore, and working families are falling behind."

President Bush signaled readiness last week to consider some Democratic priorities such as a minimum-wage increase, overhauling immigration policy and finding compromise on renewing the No Child Left Behind education law.

Critics of boosting the minimum wage say it kills job creation as employers hire fewer entry-level workers to compensate for the higher wage expenses. Kennedy said the minimum wage has remained at $5.15 an hour for nearly 10 years. Under Kennedy's proposal, the increase would occur over about a two-year period.

Most states have their own minimum wages laws, with some states having rates the same as the federal minimum wage and some with rates higher than the federal minimum.

Kennedy noted that ballot initiatives establishing or raising the minimum wage in six states all passed in this month's election.

"If there is one message from this election that emerged loud and clear, it's that no one who works for a living should have to live in poverty," Kennedy said.

Kennedy also said he would seek to expand federal support for research on stem cells coming from embryos, which Congress approved last year, but Bush vetoed. The issue won't go away, he promised.

On education, Kennedy said he would seek to make college more affordable by increasing the size of Pell Grants from $4,050 to $5,100, and by cutting interest rates on student loans.

He said that the student loan business has become too profitable for the banking industry. "It's time to take the moneychangers out of the temple on student loans," he said.

On health care, Kennedy said the Senate's HELP committee would expand a health insurance program that now provides health coverage for about 4 million children. He also would look for ways to expand coverage to other populations too, he said, but he did not provide specifics, such as how to pay for that coverage.

Some of the programs that Kennedy cited as priorities, such as lowering classroom sizes, expanding job training, and increasing financial aide for students, would require more money. He said that some of the money can be found just by adjusting priorities.

"There's a lot of money rattling around out there. The question is, who's going to get it," Kennedy told reporters.

Kennedy said that raising taxes on the poor and middle class "are all off the table for me," but he said he would look at raising what he referred to as the millionaires' tax.





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