January 06, 2006

LNS Articles of Impeachment Jan. '06 Pt. 2


One hot, dusty day in June, Col. Ted Westhusing was found dead in a trailer at a military base near the Baghdad airport, a single gunshot wound to the head.
The Army would conclude that he committed suicide with his service pistol. At the time, he was the highest-ranking officer to die in Iraq.
The Army closed its case. But the questions surrounding Westhusing's death continue.
Westhusing, 44, was no ordinary officer. He was one of the Army's leading scholars of military ethics, a full professor at West Point who volunteered to serve in Iraq to be able to better teach his students. He had a doctorate in philosophy; his dissertation was an extended meditation on the meaning of honor.
So it was only natural that Westhusing acted when he learned of possible corruption by U.S. contractors in Iraq. A few weeks before he died, Westhusing received an anonymous complaint that a private security company he oversaw had cheated the U.S. government and committed human rights violations. Westhusing confronted the contractor and reported the concerns to superiors, who launched an investigation.
In e-mails to his family, Westhusing seemed especially upset by one conclusion he had reached: that traditional military values such as duty, honor and country had been replaced by profit motives in Iraq, where the U.S. had come to rely heavily on contractors for jobs once done by the military.
His death stunned all who knew him. Colleagues and commanders wondered whether they had missed signs of depression. He had been losing weight and not sleeping well. But only a day before his death, Westhusing won praise from a senior officer for his progress in training Iraqi police.
His friends and family struggle with the idea that Westhusing could have killed himself. He was a loving father and husband and a devout Catholic. He was an extraordinary intellect and had mastered ancient Greek and Italian. He had less than a month before his return home. It seemed impossible that anything could crush the spirit of a man with such a powerful sense of right and wrong.
On the Internet and in conversations with one another, Westhusing's family and friends have questioned the military investigation.
A note found in his trailer seemed to offer clues. Written in what the Army determined was his handwriting, the colonel appeared to be struggling with a final question.
How is honor possible in a war like the one in Iraq?
T. Christian Miller, A Journey That Ended in Anguish, L.A. Times, 11-27-05
http://www.latimes.com/news/nationworld/world/la-fg-colonel27nov27,0,1641096.story?coll=la-home-headlines

A lawmaker said Friday he had filed a parliamentary motion urging Prime Minister Tony Blair to publish a leaked document that allegedly suggests President Bush wanted to bomb the headquarters of Arab broadcaster Al-Jazeera.
Earlier this week, Attorney General Lord Goldsmith warned editors they could face prosecution under the Official Secrets Act for disclosing the contents of a document that has been described as a transcript of discussions between Bush and Blair.
Labour Party backbencher Peter Kilfoyle filed a motion calling for publication of the document, which was leaked to the Daily Mirror newspaper. Civil servant David Keogh and Leo O'Connor, who formerly worked for a British lawmaker, have been charged with violating the Official Secrets Act.
"I would hope we can have a fair and full discussion of the very important issues that were discussed at that meeting," Kilfoyle, a former defense minister, told British Broadcasting Corp. radio.
"The information is out there in the public domain and it seems ludicrous that the media can't discuss it in its entirety," he added.
Kilfoyle's motion has little chance of success.
The Daily Mirror this week claimed that the document was a transcript of a meeting in April 2004 between Bush and Blair in which Bush spoke of attacking Al-Jazeera's headquarters in Doha, Qatar. The newspaper, which cited unidentified sources, said Blair argued against an attack.
Lawmaker Urges Release of Bombing Document, 11-25-06
http://news.yahoo.com/s/ap/20051125/ap_on_re_eu/britain_us_al_jazeera

The US Justice Department's probe of Republican lobbyist Jack Abramoff is broader than previously thought, examining his dealings with four lawmakers, former and current congressional aides and two former Bush administration officials, the Wall Street Journal reported on Friday.
Prosecutors in the department's public integrity and fraud divisions are looking into Abramoff's dealings with four Republicans - former House of Representatives Majority Leader Tom DeLay of Texas, Rep. Bob Ney of Ohio, Rep. John Doolittle of California and Sen. Conrad Burns of Montana, the paper said, citing several people close to the investigation.
Abramoff is under investigation over his lobbying efforts for Indian tribes with casinos. He has also pleaded not guilty to federal charges in Florida that he defrauded lenders in a casino cruise line deal.
The prosecutors are also investigating at least 17 current and former congressional aides, about half of whom later took lobbying jobs with Abramoff, as well as an official from the Interior Department and another from the government's procurement office, the Journal said…Michael Scanlon, a former aide to DeLay and partner to powerful Republican lobbyist Abramoff, pleaded guilty to conspiracy on Monday under a deal in which he is cooperating with prosecutors probing the alleged influence-buying. Scanlon left DeLay's office and become a partner to Abramoff, who has been indicted for fraud in a separate case in Florida. The plea agreement has been seen as a major advance in prosecutors' efforts to investigate the lobbyist.
Abramhoff Probe Spreads to White House, 4 Lawmakers, Reuters, 11-25-05
http://www.truthout.org/docs_2005/112605Z.shtml

John Murtha's courageous call for American troops to leave Iraq is the right policy at the right time. The Bush chickenhawks already are impugning Murtha's patriotism, but when you have a purple heart and a silver star compared to a President with a spotty attendance record with the National Guard and a Vice President with five deferments, that dog don't hunt…
To defeat the insurgency, we will need at least 400,000 troops on the ground. At the present time, the United States does not have sufficient troop strength to ramp up to that level. Our choice is simple--either we come up with the additional forces and commit ourselves to an effort that will stretch on for at least five years with 400,000 plus soldiers and marines in theatre or we withdraw…
Our best alternative is to withdraw from Iraq and establish covert relations with the secular insurgents. Over the long run our interest as a nation is to prevent the religious jihadists from consolidating their control over Iraq and forging a closer relationship with Iran. The question is not, will there be a civil war? A civil war is already underway. Rather, the proper question is what can we do as a nation to protect our longterm interests?
We have two key long term strategic interests. First, we want to promote a secular society. The current Iraqi constiturion enshrines the Quran as the law of the land and encourages sectarian strife. Second, we must enlist the support of Russia, China, Europe, and the Muslim nations in rooting out and destroying the jihadists. Most of that effort can be handled with intelligence and law enforcement work rather than military operations. The Beatles had it right--we can get by with some help from our friends.
Given these facts, John Murtha is right. We must withdraw, sooner rather than later, from Iraq. Otherwise, we will find ourselves in a quagmire reminiscent of Vietnam. Only this time, the jihadists who are carrying out urban combat operations will be equipped and trained through their experience to carry out future attacks against our interests around the world. John Murtha and Chuck Hagel are patriots who understand this dilemma. We have lit a fuze on the next generation of jihadist terrorism. We must douse the fuse with water, and put it out sooner rather than later.
Larry C. Johnson, Why John Murtha is Right!, 11-18-05
http://www.boomantribune.com/story/2005/11/18/11211/188

Admiral Stansfield Turner, a former CIA director, accused US Vice President Dick Cheney of overseeing policies of torturing terrorist suspects and damaging the nation's reputation, in a television interview.
"We have crossed the line into dangerous territory," Turner, who headed the Central Intelligence Agency in the 1970s, said on ITV news.
"I am embarrassed that the USA has a vice president for torture. I think it is just reprehensible. He (Mr Cheney) advocates torture, what else is it? I just don't understand how a man in that position can take such a stance."
Former CIA director accuses Cheney of overseeing torture, Agence France Press, 11-17-05
http://channels.netscape.com/news/story.jsp?floc=ne-us-12-l2&flok=FF-AFP-uswashrpt&idq=/ff/story/7000%2F20051117%2F2010000001.htm&sc=uswashrpt

Statement of Sen. Harry Reid (D-NV): Sen. Reid just took the senate into closed session to discuss the body's failure to pursue 'phase two' of the senate intel investigation into the Iraq WMD intel failure.
Below the fold are his remarks, as prepared for delivery, before taking the senate into closed session.
"This past weekend, we witnessed the indictment of I. Lewis Libby, the Vice President's Chief of Staff and a senior Advisor to President Bush. Libby is the first sitting White House staffer to be indicted in 135 years.
"This indictment raises very serious charges. It asserts this Administration engaged in actions that both harmed our national security and are morally repugnant.
"The decision to place U.S. soldiers in harm's way is the most significant responsibility the Constitution invests in the Congress.
"The Libby indictment provides a window into what this is really about: how the Administration manufactured and manipulated intelligence in order to sell the war in Iraq and attempted to destroy those who dared to challenge its actions.
"As a result of its improper conduct, a cloud now hangs over this Administration. This cloud is further darkened by the Administration's mistakes in prisoner abuse scandal, Hurricane Katrina, and the cronyism and corruption in numerous agencies.
"And, unfortunately, it must be said that a cloud also hangs over this Republican-controlled Congress for its unwillingness to hold this Republican Administration accountable for its misdeeds on all of these issues.
"Let's take a look back at how we got here with respect to Iraq Mr. President. The record will show that within hours of the terrorist attacks on 9/11, senior officials in this Administration recognized these attacks could be used as a pretext to invade Iraq.
"The record will also show that in the months and years after 9/11, the Administration engaged in a pattern of manipulation of the facts and retribution against anyone who got in its way as it made the case for attacking Iraq.
"There are numerous examples of how the Administration misstated and manipulated the facts as it made the case for war. Administration statements on Saddam's alleged nuclear weapons capabilities and ties with Al Qaeda represent the best examples of how it consistently and repeatedly manipulated the facts.
"The American people were warned time and again by the President, the Vice President, and the current Secretary of State about Saddam's nuclear weapons capabilities. The Vice President said Iraq "has reconstituted its nuclear weapons." Playing upon the fears of Americans after September 11, these officials and others raised the specter that, left unchecked, Saddam could soon attack America with nuclear weapons.
"Obviously we know now their nuclear claims were wholly inaccurate. But more troubling is the fact that a lot of intelligence experts were telling the Administration then that its claims about Saddam's nuclear capabilities were false.
"The situation was very similar with respect to Saddam's links to Al Qaeda. The Vice President told the American people, "We know he's out trying once again to produce nuclear weapons and we know he has a longstanding relationship with various terrorist groups including the Al Qaeda organization."
"The Administration's assertions on this score have been totally discredited. But again, the Administration went ahead with these assertions in spite of the fact that the government's top experts did not agree with these claims.
"What has been the response of this Republican-controlled Congress to the Administration's manipulation of intelligence that led to this protracted war in Iraq? Basically nothing. Did the Republican-controlled Congress carry out its constitutional obligations to conduct oversight? No. Did it support our troops and their families by providing them the answers to many important questions? No. Did it even attempt to force this Administration to answer the most basic questions about its behavior? No.
"Unfortunately the unwillingness of the Republican-controlled Congress to exercise its oversight responsibilities is not limited to just Iraq. We see it with respect to the prisoner abuse scandal. We see it with respect to Katrina. And we see it with respect to the cronyism and corruption that permeates this Administration.
"Time and time again, this Republican-controlled Congress has consistently chosen to put its political interests ahead of our national security. They have repeatedly chosen to protect the Republican Administration rather than get to the bottom of what happened and why.
"There is also another disturbing pattern here, namely about how the Administration responded to those who challenged its assertions. Time and again this Administration has actively sought to attack and undercut those who dared to raise questions about its preferred course.
"For example, when General Shinseki indicated several hundred thousand troops would be needed in Iraq, his military career came to an end. When then OMB Director Larry Lindsay suggested the cost of this war would approach $200 billion, his career in the Administration came to an end. When U.N. Chief Weapons Inspector Hans Blix challenged conclusions about Saddam's WMD capabilities, the Administration pulled out his inspectors. When Nobel Prize winner and IAEA head Mohammed el-Baridei raised questions about the Administration's claims of Saddam's nuclear capabilities, the Administration attempted to remove him from his post. When Joe Wilson stated that there was no attempt by Saddam to acquire uranium from Niger, the Administration launched a vicious and coordinated campaign to demean and discredit him, going so far as to expose the fact that his wife worked as a CIA agent.
"Given this Administration's pattern of squashing those who challenge its misstatements, what has been the response of this Republican-controlled Congress? Again, absolutely nothing. And with their inactions, they provide political cover for this Administration at the same time they keep the truth from our troops who continue to make large sacrifices in Iraq.
"This behavior is unacceptable. The toll in Iraq is as staggering as it is solemn. More than 2,000 Americans have lost their lives. Over 90 Americans have paid the ultimate sacrifice this month alone - the fourth deadliest month since the war began. More than 15,000 have been wounded. More than 150,000 remain in harm's way. Enormous sacrifices have been and continue to be made.
"The troops and the American people have a right to expect answers and accountability worthy of that sacrifice. For example, 40 Senate Democrats wrote a substantive and detailed letter to the President asking four basic questions about the Administration's Iraq policy and received a four sentence answer in response. These Senators and the American people deserve better.
"They also deserve a searching and comprehensive investigation about how the Bush Administration brought this country to war. Key questions that need to be answered include:
How did the Bush Administration assemble its case for war against Iraq?
Who did Bush Administration officials listen to and who did they ignore?
How did senior Administration officials manipulate or manufacture intelligence presented to the Congress and the American people?
What was the role of the White House Iraq Group or WHIG, a group of senior White House officials tasked with marketing the war and taking down its critics?
How did the Administration coordinate its efforts to attack individuals who dared to challenge the Administration's assertions?
Why has the Administration failed to provide Congress with the documents that will shed light on their misconduct and misstatements?
"Unfortunately the Senate committee that should be taking the lead in providing these answers is not. Despite the fact that the chairman of the Senate Intelligence Committee publicly committed to examine many of these questions more than one and a half years ago, he has chosen not to keep this commitment. Despite the fact that he restated that commitment earlier this year on national television, he has still done nothing.
"At this point, we can only conclude he will continue to put politics ahead of our national security. If he does anything at this point, I suspect he will play political games by producing an analysis that fails to answer any of these important questions. Instead, if history is any guide, this analysis will attempt to disperse and deflect blame away from the Administration.
"We demand that the Intelligence Committee and other committees in this body with jurisdiction over these matters carry out a full and complete investigation immediately as called for by Democrats in the committee's annual intelligence authorization report. Our troops and the American people have sacrificed too much. It is time this Republican-controlled Congress put the interests of the American people ahead of their own political interests."
Senator Harry Reid's Statement, www.truthout.org, 11-1-05
http://www.truthout.org/docs_2005/110105X.shtml

As we meet this evening another category 5 hurricane is making its way, perhaps, from the Caribbean to the Gulf of Mexico. It's not a mystery any longer why there has been a significant increase in category 4 and 5 hurricanes. They're fed by warmer water. The oceans are warming because the gaseous pollution of industrial civilization has changed the relationship between the earth and the sun. We're trapping more of the outgoing infrared radiation that would otherwise naturally escape from the earth and keep our relationship to the rest of the universe in balance…Fifty-five years ago, a little less, another kind of storm was brewing on the continent of Europe. Winston Churchill, in England, warned his countrymen that this storm was different from anything they had ever experienced before. The marriage of the industrial revolution, electronic mass communication, and totalitarian politics created a concentrated destructive force that was new and much more powerful than anything politics had ever encountered.
And he said the time for vacillation, for dithering, for indecision is now over. We are entering a period of consequences. Hurricane Katrina convinced many Americans that we have now entered a period of consequences. The images of Americans starving, in extremis, abandoned, helpless, fearful, nowhere to go, no salvation in sight, labeled as refugees in one of our great cities was a startling realization that we have entered a period of consequences.
More than 200 American cities set all time records for high temperatures this year. One of them was New Orleans. And the waters around New Orleans also set an all time record. When Katrina hit the southern tip of Florida it was a category 1 hurricane, but then it crossed over the Gulf, and the extraordinarily warm waters of the Gulf, warmed beyond the boundaries of previous human experience, fed the energy of that hurricane and it grew to a category 5. And it collected much more water than hurricanes have in the past and it drowned one of our greatest and most elegant cities.
There were warnings, but they went unheeded. The chief meteorologist in Louisiana working for the Federal government was beside himself trying to get attention for the clear scientific consequences of what he saw developing. We will see conditions, he said, that are unprecedented in modern times.
They predicted exactly which sections of this great city would be drowned when the levees broke. But the warnings, as I said, went unheeded and a lot of people died unnecessarily and America was shamed before the world. When our founders wrote about the new message of this great revolutionary departure in human history they said that we should humbly always maintain a decent respect for the opinions of mankind, by which they meant humankind. We've been shamed before the opinions of humankind.
I was in China last week as I mentioned and a student at Ching Wah University asked a question through the interpreter. "We've always respected the United States," she said "but after the recent hurricane we saw degradation that puzzled us. How could this happen to Americans?" she asked.
Four years ago, in August, during another time that is often described as the dog days, there was a warning that, and I quote, that "Osama Bin Laden is determined to strike in the United States of America." And that warning was not heeded either. If it had been, if a meeting had been called, and if the head of the FBI and the CIA had been asked to collect the available intelligence from their field offices they would have found the full names of 80 percent of the hijackers who later flew the planes into the World Trade Center and the Pentagon and the field in Pennsylvania. They would have found the plot, they would have found the training on how to fly planes received by people who were not curious about how to land the planes, they would have found enough evidence to prevent that tragedy.
But my purpose in drawing a comparison between the warnings unheeded in New Orleans and the warnings unheeded prior to 9/11 is to point toward other warnings that are right now being given to us and that are also being unheeded.
The scientists who follow the rule of reason and respect the principle of the best evidence, now tell us that we are creating an imbalance in the relationship between civilization and the earth and that the most prominent manifestation of this dysfunction is global warming. Perhaps a term that could have been better when it was first formed but there it is. What it really means is that we are destroying the ecological balance that has existed since just prior to the beginning of human civilization…
We are now enthralled with illusions, shadows and light. Plato wrote that his representative people in the cave who saw the shadows thought that was all there was.
But then they learned that there was a source of reality greater than that. T.S. Eliot wrote that between the thought and the deed falls the shadow. We are enthralled by shadows and light: on televisions and movies and advertising and culture. We must disenthrall ourselves, realize the reality of our situation and save our country. I'm hopeful. I'm optimistic. And I want to close by saying that I truly believe that we, even we here, have everything we need to change our present course, to reestablish balance, to provide an avenue for the emergence of a way of life that enables us to find that transcendence. We have everything we need, save perhaps one element, and that is political will. But in America, political will is a renewable resource.
Gore Says It Is Not Too Late to Combat Climate Change, Harvard Medical School, 10-27-05
http://www.yubanet.com/cgi-bin/artman/exec/view.cgi/8/26982

The first suggestion that Iraq was seeking yellowcake uranium to construct a nuclear weapon came on Oct. 15, 2001, shortly after 9/11, when Italian Prime Minister Silvio Berlusconi and his newly appointed chief of the Servizio per le Informazioni e la Sicurezza Militare (SISMI), Nicolo Pollari, made an official visit to Washington. Berlusconi was eager to make a good impression and signaled his willingness to support the American effort to implicate Saddam Hussein in 9/11. Pollari, in his position for less than three weeks, was likewise keen to establish himself with his American counterparts and was under pressure from Berlusconi to present the U.S. with information that would be vital to the rapidly accelerating War on Terror. Well aware of the Bush administration’s obsession with Iraq, Pollari used his meeting with top CIA officials to provide a SISMI dossier indicating that Iraq had sought to buy uranium in Niger. The same intelligence was passed simultaneously to Britain’s MI-6.
But the Italian information was inconclusive and old, some of it dating from the 1980s. The British, the CIA, and the State Department’s Bureau of Intelligence and Research analyzed the intelligence and declared that it was “lacking in detail” and “very limited” in scope.
In February 2002, Pollari and Berlusconi resubmitted their report to Washington with some embellishments, resulting in Joe Wilson’s trip to Niger. Wilson visited Niamey in February 2002 and subsequently reported to the CIA that the information could not be confirmed.
Enter Michael Ledeen, the Office of Special Plans’ man in Rome. Ledeen was paid $30,000 by the Italian Ministry of the Interior in 1978 for a report on terrorism and was well known to senior SISMI officials. Italian sources indicate that Pollari was eager to engage with the Pentagon hardliners, knowing they were at odds with the CIA and the State Department officials who had slighted him. He turned to Ledeen, who quickly established himself as the liaison between SISMI and Feith’s OSP, where he was a consultant. Ledeen, who had personal access to the National Security Council’s Condoleezza Rice and Stephen Hadley and was also a confidant of Vice President Cheney, was well placed to circumvent the obstruction coming from the CIA and State…
On Sept. 9, 2002, Ledeen set up a secret meeting between Pollari and Deputy National Security Adviser Hadley. Two weeks before the meeting, a group of documents had been offered to journalist Elisabetta Burba of the Italian magazine Panorama for $10,000, but the demand for money was soon dropped and the papers were handed over…Panorama, perhaps not coincidentally, is owned by Prime Minister Berlusconi. On Oct. 9, the documents were taken from the magazine to the U.S. Embassy, where they were apparently expected. Instead of going to the CIA Station, which would have been the normal procedure, they were sent straight to Washington where they bypassed the agency’s analysts and went directly to the NSC and the Vice President’s Office.…The possible forgery of the information by Defense Department employees would explain the viciousness of the attack on Valerie Plame and her husband. Wilson, when he denounced the forgeries in the New York Times in July 2003, turned an issue in which there was little public interest into something much bigger. The investigation continues, but the campaign against this lone detractor suggests that the administration was concerned about something far weightier than his critical op-ed.
Philip Giraldi, Forging the Case for War: Who was behind the Niger uranium documents?, The American Conservative, 11-21-05

http://www.amconmag.com/2005/2005_11_07/feature.html

A federal grand jury has indicted Tom Noe, the former Toledo-area coin dealer at the center of a state investment scandal, of illegally laundering money into President Bush's re-election campaign.
The three-count indictment states that beginning in October 2003, Mr. Noe contributed to President Bush's election campaign "over and above the limits established by the Federal Election Campaign Act."
"He did so, according to the indictment, in order to fulfill his pledge to raise $50,000 for a Bush-Cheney fund-raiser held in Columbus, Ohio, on Oct. 30, 2003," Gregory White, the U.S. Attorney for the Northern District of Ohio, announced at an afternoon news conference.
The two other counts were for conspiracy and filing false statements…
"It's one of the most blatant and excessive finance schemes we have encountered," said Noel Hillman, section chief of the U.S. Department of Justice's public integrity section…
The indictment only adds to troubles for the former chairman of the Lucas County Republican Party, who is already under several state investigations related to a $50 million rare coin investment the Ohio Bureau of Workers' Compensation made with him.
Ohio Attorney General Jim Petro has accused Mr. Noe of stealing millions from the investment. The scandal has spelled trouble for Gov. Bob Taft and his administration. In August, the governor was convicted of four misdemeanors for accepting golf outings and other gifts and not reporting them..
Christopher D. Kirkpatrick, Noe Indicted for Laundering Money to Bush Campaign, The Toledo Blade, 10-27-05,
http://www.truthout.org/docs_2005/100205F.shtml

Legally, there are no significant differences between the investor fraud perpetrated by Enron CEO Ken Lay and the prewar intelligence fraud perpetrated by George W. Bush. Both involved persons in authority who used half-truths and recklessly false statements to manipulate people who trusted them. There is, however, a practical difference: The presidential fraud is wider in scope and far graver in its consequences than the Enron fraud. Yet thus far the public seems paralyzed…
Ironically, the day Bush signed the Corporate Corruption Bill, he and his aides were enmeshed in an orchestrated campaign to trick the country into taking the biggest risk imaginable - a war. Indeed, plans to attack Iraq were already in motion. In June, Bush announced his "new" pre-emptive strike strategy. On July 23, 2002, the head of British intelligence advised Prime Minister Tony Blair, in the then-secret Downing Street Memo, that "military action was now seen as inevitable" and that "intelligence and facts were being fixed around the policy." Bush had also authorized the transfer of $700 million from Afghanistan war funds to prepare for an invasion of Iraq. Yet all the while, with the sincerity of Marc Antony protesting that "Brutus is an honorable man," Bush insisted he wanted peace.
Americans may have been unaware of this deceit then, but they have since learned the truth. According to a Washington Post/ABC News poll conducted in June, 52% of Americans now believe the President deliberately distorted intelligence to make a case for war. In an Ipsos Public Affairs poll, commissioned by AfterDowningStreet.org and completed October 9, 50% said that if Bush lied about his reasons for going to war Congress should consider impeaching him. The President's deceit is not only an abuse of power; it is a federal crime. Specifically, it is a violation of Title 18, United States Code, Section 371, which prohibits conspiracies to defraud the United States.
So what do citizens do? First, they must insist that the Senate Select Committee on Intelligence complete Phase II of its investigation, which was to be an analysis of whether the administration manipulated or misrepresented prewar intelligence. The focus of Phase II was to determine whether the administration misrepresented the information it received about Iraq from intelligence agencies. Second, we need to convince Congress to demand that the Justice Department appoint a special prosecutor to investigate the administration's deceptions about the war, using the same mechanism that led to the appointment of Patrick Fitzgerald to investigate the outing of Valerie Plame. (As it happens, Congressman Jerrold Nadler and others have recently written to Acting Deputy Attorney General Robert McCallum Jr. pointing out that the Plame leak is just the "tip of the iceberg" and asking that Fitzgerald's authority be expanded to include an investigation into whether the White House conspired to mislead the country into war.)
Third, we can no longer shrink from the prospect of impeachment. Impeachment would require, as John Bonifaz, constitutional attorney, author of Warrior-King: The Case for Impeaching George Bush and co-founder of AfterDowningStreet.org, has explained, that the House pass a "resolution of inquiry or impeachment calling on the Judiciary Committee to launch an investigation into whether grounds exist for the House to exercise its constitutional power to impeach George W. Bush." If the committee found such grounds, it would draft articles of impeachment and submit them to the full House for a vote. If those articles passed, the President would be tried by the Senate. Resolutions of inquiry, such as already have been introduced by Representatives Barbara Lee and Dennis Kucinich demanding that the Administration produce key information about its decision-making, could also lead to impeachment.
These three actions can be called for simultaneously. Obviously we face a GOP-dominated House and Senate, but the same outrage that led the public to demand action against corporate law-breakers should be harnessed behind an outcry against government law-breakers. As we now know, it was not a failure of intelligence that led us to war. It was a deliberate distortion of intelligence by the Bush Administration. But it is a failure of courage on the part of Congress (with notable exceptions) and the mainstream media that seems to have left us helpless to address this crime. Speaking as a former federal prosecutor, I offer the following legal analysis to encourage people to press their representatives to act…
From the fall of 2001 to at least March 2003, the following officials, and others, made hundreds of false assertions in speeches, on television, at the United Nations, to foreign leaders and to Congress: President Bush, Vice President Cheney, Press Secretary Ari Fleischer, National Security Adviser Condoleezza Rice, Secretary of State Colin Powell, Defense Secretary Donald Rumsfeld and his Under Secretary, Paul Wolfowitz. Their statements were remarkably consistent and consistently false…
The evidence shows, then, that from early 2002 to at least March 2003, the President and his aides conspired to defraud the United States by intentionally misrepresenting intelligence about Iraq to persuade Congress to authorize force, thereby interfering with Congress's lawful functions of overseeing foreign affairs and making appropriations, all of which violates Title 18, United States Code, Section 371.
To what standards should we hold our government officials? Certainly standards as high as those Bush articulated for corporate officials. Higher, one would think. The President and Vice President and their appointees take an oath to defend the Constitution and the laws of the United States. If they fail to leave their campaign tactics and deceits behind - if they use the Oval Office to trick the public and Congress into supporting a war - we must hold them accountable. It's not a question of politics. It's a question of law.
Elizabeth de la Vega, The White House Criminal Conspiracy, Tom Dispatch, 10-30--5
http://www.truthout.org/docs_2005/103005Y.shtml

The Grand Jury supervised by U.S. Attorney Patrick Fitzgerald has returned an indictment charging Vice President Dick Cheney's top aide and reputed "alter-ego" I. Lewis "Scooter" Libby with perjury, obstruction of justice, and false statements to the grand jury. But this indictment does not end the story; rather, a close reading suggests that these charges are most likely merely a chapter in a long and tragic story. Here, from a former federal prosecutor, are thoughts about four things we should expect, four things we shouldn't, and one question we should all be asking.


We should not expect a final resolution any time soon. Complex cases usually take years to proceed through the courts. In addition, the indictment released today describes a chronology of close to two years and a complicated set of facts. Obviously, Fitzgerald is taking a "big picture" approach to this case. This mirrors his approach to previous cases. In December 2003, for example, Fitzgerald announced the indictment of former Illinois Governor George Ryan on corruption charges in Operation Safe Road, which began in 1998. In that year, the investigation of a fatal accident revealed that truckers were purchasing commercial licenses from state officials. Indictments were announced in stages, culminating in the indictment of Ryan, who was the 66th defendant in the case...
We should not expect to hear much more from Fitzgerald. The Special Counsel has been widely admired, and sometimes criticized, for his "tight-lipped" approach and "leak-free" grand jury investigation. But that, folks, is how it's supposed to be. Federal prosecutors are required to maintain grand jury secrecy. If they don't do that, they not only jeopardize their investigations, they could lose their jobs and/or be charged with a crime. The public has come to expect leaks from grand jury investigations because Independent Counsel Kenneth Starr, who was not a federal prosecutor, ignored secrecy rules during the investigation of President Clinton (and got away with it)…
We should not expect a smoking gun.Even when there actually is a gun, there's hardly ever a smoking gun. In the case against Libby, as in most white-collar crime cases, the evidence is likely to consist mainly of documents, thousands of them. And considering that the weapon employed in this crime appears to be a telephone, the closest thing to a smoking gun may well be telephone records.
We should not expect the President to take steps to "get to the bottom of this." He professed that desire in October 2003, but belied it in the next breath, saying he "had no idea who the leaker was and didn't know if we'd ever find out. "There's a lot of senior officials [out there]," he commented. "You tell me," he asked a group of reporters, "how many sources have you had that's leaked information, that you've exposed, or had been exposed? Probably none." Of course, assuming Bush didn't already know who the leakers were, all he had to do was make darned sure his aides told him….
We should expect red herrings from the defense (even if not smoking guns from the prosecution). Fox hunters once tossed smoked red herrings out to test whether their dogs could stay on the right trail…
We should expect more attacks on Joseph Wilson, even though they represent a very large red herring (more the size of a mackerel) These will be meant only for the court of public opinion…
We should expect another red herring, one that should have been thrown back in the river long ago: that perjury, obstruction of justice, and false statements charges are not "substantive," and so somehow less serious. "Substantive" is a legal term, referring to a crime that can be proved without reference to the elements of another crime. For example, bank robbery is a "substantive crime" and conspiracy to commit bank robbery is not. (But they're both crimes.) Perjury, obstruction of justice, and false statements may arise out of the investigation of other crimes, but they stand on their own. So they too are "substantive" crimes. More to the point, as Patrick Fitzgerald eloquently explained in his press conference, lying in an investigation is extraordinarily serious, because it undermines the integrity of the process…
We should expect attempts by pundits to derive "meaning" from the absence of charges under the Intelligence Identities Protection Act or the Espionage Act. Reasons for the absence of such charges can range from insufficient evidence to concerns about the Classified Information Procedures Act, which governs the use of classified information in a criminal case. No one other than Fitzgerald, his staff, and the grand jury knows why certain charges were not brought and they will never be able to explain their decisions.
We should expect a campaign to demonize Fitzgerald through claims that he is overzealous and has exceeded his authority. Such attacks are legally irrelevant, but more important, they're wrong…
We should also expect pundits to argue that this prosecution is political. That is the most despicable of red herrings considering that Fitzgerald has been a career prosecutor forbidden by the Hatch Act to participate in politics for twenty years, is registered without political affiliation, and was appointed by a Republican. Also, the resulting indictments were returned by grand jurors who heard evidence for two years, after which a majority, at least 12 out of 23, decided that there was probable cause to believe -- in other words, it was "more likely than not" -- that the defendant had committed all the elements of the crimes charged…
But should we expect, given the Republicans' attempts to belittle and politicize the case thus far, that President Bush will pardon his senior administration official if Libby is convicted on these serious charges? The 1992 Christmas Eve pardons of Iran/contra defendants by former President George Bush Sr. provide cause for concern. Let us hope that the current President Bush will not undermine the rule of law in this way.
Elizabeth de la Vega, Smoking Guns and Red HerringsWhat Should We Expect Now that Fitzgerald Has Announced the Indictment of Lewis "Scooter" Libby?, Mother Jones, 10-28-05
http://www.motherjones.com/commentary/columns/2005/10/libby_indictment.html

Bush has so thoroughly destroyed the Republican establishment that no one, not even his dad, can rescue him now.
There is no one left to rescue the Republican Party from George W. Bush. He is home alone. The Republican-establishment wise men whose words were once quiet commands are shouting unheeded warnings. The Republican leaders of Congress are distracted and obsessed with their own crises of corruption…The storm enveloping President Bush is a consequence of his adoption of the vicious smear tactics of the Nixon political operation, learned there by Karl Rove, who was called as a witness to testify about them before the Watergate inquiry, and of Bush's elevation to power of the neoconservatives removed by Reagan and excluded from office by Bush's father. Bush is haunted by the history he insisted on defying.
The elements of the Republican establishment that Bush brought into his first administration as a sort of symbolic tribute were gone by his second. By their nature, these people are discreet, measured and private. It is not their impulse to voice disagreement in public. Their sweeping and emotional jeremiads against what Bush has wrought are extraordinary not only in their substance but in having been made at all. Those expressing their disquiet about Bush are more than simply losers in bureaucratic struggles for primacy of place. Once representative of the heart and soul of the Grand Old Party, they are historical castaways. They stand for another Republican Party that has been supplanted by Bush's version…
Brent Scowcroft, perhaps more than anyone else, personifies the realist, bipartisan Republican tradition of internationalism. He is also the former national security advisor to the elder Bush and among his closest friends. President Bush dismissed him early this year from the Foreign Intelligence Advisory Board, having ignored his advice through the first term. Scowcroft's candid views appear in an article in the current issue of the New Yorker, in which he details his rejection by Bush at length. "I don't want to go there," Scowcroft replied when asked about the difference between the father and son. He said dismissively of the Iraq policies of a leading neoconservative, former Secretary of Defense Paul Wolfowitz, "He's got a utopia out there." On Cheney, Scowcroft sounded perplexed: "The real anomaly in the Administration is Cheney. I consider Cheney a good friend - I've known him for thirty years. But Dick Cheney I don't know anymore." But Scowcroft the foreign policy mandarin may not have been exposed to the partisan Cheney when he served as secretary of defense in the administration of Bush Sr…
Bush's highhanded treatment of the few Republican moderates of his first term all but eviscerated what was left of the establishment that once controlled the party. The story of the old party's fall from grace and Bush's part in it is a well-known bildungsroman, a family saga that begins with the father…
The Republican Party after Bush, minus its traditional establishment, threatens to become the party of its irreducible base, the party of the old Confederacy and the sparsely populated Rocky Mountain states. But this base, however loyal and obsequious to Bush, regardless of any crisis, does not offer statesmen to step in to handle his shaken White House.
A sharp reversal of policy and turnover in personnel are the only actions that may enable Bush to salvage the shipwreck of his presidency, as they did for Reagan. But bringing in the elders, even if they could be summoned, would be psychologically devastating to Bush, a humiliating admission that his long history of recklessness and failure, from the Texas Air National Guard to Harken Energy, with rescue only through the intervention of his father and his father's friends, has reached its culmination.
Sidney Blumenthal, Shipwrecked, Salon.com, 10-27-05
http://www.truthout.org/docs_2005/102705N.shtml

Posted by richard at January 6, 2006 06:56 PM