July 29 VCS Update: Veterans, Vote Your Voice!

This week’s update contains two topics. First, an update about our lawsuit and, second, VCS is fighting to restore veteran voting rights.

Veterans for Common Sense, in conjunction with Veterans United for Truth, appealed our lawsuit because we believe the courts do have jurisdiction and can force change. We have requested an expedited hearing, citing new statistics that show a veterans’ suicide hotline receives 250 calls a day from people in distress.

VCS still needs to raise $5,000 this month to cover our legal expenses! Your small contributions add up to something big. Please, click here to give today.

The November 4 Presidential Election has captured the nation’s attention. Veterans issues are now part of the national debate. Our first reminder is for you to register and vote. The late President John F. Kennedy, a World War II veteran, said, “the margin is narrow, but the responsibility is clear.”

As the debate heats up and Americans are urged to choose sides in this election, many are asked to give a financial contribution to their candidate of choice. VCS is fighting to ensure that our wounded and homeless veterans will be able to excercise their right to vote. We are working to keep veteran issues in the national spotlight. Please, make a contribution to VCS today so we can keep our veterans in America’s minds as they decide who will lead our country next.

Veterans and Veteran Supporters: register and vote. America is at war, and our next president will have influence on so much that effects our troops and our veterans. If you are overseas, you need to request your absentee ballott now. Click here to read an article comparing Senator Obama and Senator McCain’s positions on veterans and the Iraq War.

Only 58{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} of the US adult population registers and votes. Of those registered to vote, nearly 90{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} voted in the last presidential election. Each day, ask somebody new if they are registered to vote. Include a message in your outgoing e-mail saying: “Remember to register to vote today. Then please be sure to vote on November 4, 2008. This is one way to honor our fellow Americans who stood between an enemy bullet and our beloved Constitution.” Many states have registration deadlines well before election day. Click here for state-by-state information on voter registration.

Studies show that veterans are more likely to vote than non-veterans. However, what about our deployed servicemembers overseas and our veterans in nursing homes and hospitals? Earlier this year, VA issued a ban on voter registration and voting assistance at VA hospitals and nursing homes and among homeless veterans. VCS thinks that is wrong. Your vote effects the future quality and timeliness of service that our veterans get when they walk into VA looking for help.

VCS leads the way fighing for our wounded warriors’ right to vote. We are the only veterans group that has raised voting rights for service members & veterans as an issue. Make a gift to VCS today and support this mission.

The Senate introduced S. 3308, the Veteran Voting Support Act. VCS has endorsed this bill and we ask you to call Senators and Representatives so this bill passes in time to help our veterans register for the November election.

In a related development, a bill was introduced Friday to allow VA to provide voter registration and voting assistance. “Reps. Bob Brady, D-Pa., who chairs the Committee on House Administration, and Bob Filner, D-Calif., who chairs the House Veterans Affairs Committee, said in a letter to Peake that voter registration drives are one of the most effective tools in promoting veterans’ right to vote.”

For our veterans and service members, VCS asks you to please remember to register to vote today. Then please be sure to vote on November 4, 2008. This is one way to honor our fellow Americans who stood between an enemy bullet and our beloved Constitution.

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July 28, Newspaper Editorial: VA Should Immediately End Ban on Nonpartisan Voter Registration for Veterans

Our view: Helping veterans vote – VA should immediately rescind its ban on nonpartisan registration drives

If anyone deserves to vote, it’s a warrior wounded while protecting America’s freedoms.  But Department of Veterans Affairs Secretary James Peake has thrown voting rights for injured vets in its hospitals, rehab centers, shelters and nursing homes out the window with a wrong-headed decision in May to ban registration drives by outside groups.

One such group is the nonpartisan Florida League of Women Voters.  A planned league registration drive at a VA clinic in the Panhandle was canceled in June when the Okaloosa County supervisor of elections got cold feet about fighting for vets’ right to vote and nixed it.

The ban affects thousands of Florida vets, such as those returning from the wars in Iraq and Afghanistan and receiving care at Bay Pines hospital and rehab center in Pinellas County, Orlando VA Medical Center, Brevard’s Viera VA Clinic and thousands of others around the nation.

The clamp down has angered leaders in Congress, such as Sen. Daniel Akaka, D-Hawaii, chair of the Senate Veterans Affairs Committee, and state election officials nationwide.

Florida Secretary of State Kurt Browning opposes the policy change, but the Sunshine State has yet to officially join 19 other states from Connecticut to Montana demanding a reversal of the ban.

It should, and do so at once.

Peake defends his move by saying voter drives might disrupt facility operations and give the appearance the VA is taking part in partisan politics, citing the Hatch Act, which restricts the political activities of federal employees on official time. But the Hatch Act pertains to federal workers, not volunteer groups.

And prior to May VA managers could make their own decisions about letting nonpartisan groups help vets register.

That’s why the sudden policy reversal smells suspiciously like an attempt to dampen turnout of vets confined to hospitals and homes, some of them severely disabled, in November.

VA officials say patients can still receive aid registering if they request it, but there’s no denying the new policy makes it harder, not easier, from them to do so.

That’s unacceptable. And why veterans groups like Veterans of Foreign Wars and Veterans for Common Sense rightly want Peake to lift the ban.

That said, legislation introduced Tuesdsay in Congress to force Peake’s hand goes too far because it also would require VA facilities be designated official voter registration agencies.

That opens a can of worms as to whether the general public would be allowed to register at them, creating legal hassles and more work for VA staffers.

The best solution is for Peake to immediately stand up for veterans’ rights by admitting his error and rescinding the ban.

That way League of Women Voters volunteers and other nonpartisan groups can work to get as many vets as possible registered in time for the November election.

Failing that, the proposed law should be revised to drop the side issues but permit groups to continue running drives in VA facilities, and passed quickly.

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Letter to the Editor: Behind the Scenes in Iraq Deployment

July 26, 2008 – I want to bring to people’s attention what is going on behind the scene. I am an Iraq veteran. I spent 294 days in Iraq, came back with PTSD. I have a 50 percent disability rating from the VA. Despite this, the Army has given me mobilization orders to return to Iraq for another tour even though I have been out of the service over a year now. The media is portraying things are going well over there. If that is the case, why is there still a back door draft taking place?

Kenneth Sexton

Santa Cruz

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Editorial Column: The Soldier Voting Scandal

July 28, 2008, Washington, DC – Rep. Roy Blunt, the House Republican whip, on July 8 introduced a resolution demanding that the Defense Department better enable U.S. military personnel overseas to vote in the November elections. That act was followed by silence. Democrats normally leap on an opportunity to find fault with the Bush Pentagon. But not a single Democrat joined Blunt as a co-sponsor, and an all-Republican proposal cannot pass in the Democratic-controlled House.

Analysis by the federal Election Assistance Commission, rejecting inflated Defense Department voting claims, estimated overseas and absentee military voting for the 2006 midterm elections at a disgracefully low 5.5 percent. The quality of voting statistics is so poor that there is no way to tell how many of the slightly over 330,000 votes actually were sent in by the absentee military voters and their dependents and how many by civilian Americans living abroad – 6 million all total.

Nobody who has studied the question objectively sees any improvement since 2006, and that is a scandal. Retired U.S. Marine Corps Capt. Charles Henry wrote in the July issue of the U.S. Naval Institute Proceedings: “While virtually everyone involved … seems to agree that military people deserve at least equal opportunity when it comes to having their votes counted, indications are that in November 2008, many thousands of service members who try to vote will do so in vain.”

Henry, now an independent broadcast journalist, has personal experience with this enduring scandal. While serving as a Marine at sea off Iran, he received his 1980 presidential ballot too late to count. President Harry Truman said of troops fighting in Korea, “The least we at home can do is to make sure that they are able to enjoy the rights they are being asked to fight to preserve.” But the U.S. military that has so perfected the art of war over the past half-century is at a loss to enable soldiers to vote.

A combat officer has enough to do without handling the votes of troopers fighting in Iraq and Afghanistan.
A Defense Department Inspector General’s report in March last year recommended “appointment of civilian personnel” as “voting assistance officers.” The Pentagon brass rejected the idea.

I reported four years ago that the problems of 2000 overseas military voting had not been corrected for the 2004 presidential election. At that time, Under Secretary of Defense David Chu was put in charge of the problem. During massive turnover at the Pentagon, Chu remains in place – best known among critics of the military vote problem for his chronic failure to return telephone calls.

Congressional attention to the problem has been scattered and limited mostly to Republicans such as Sen. John Cornyn, who earlier this year decried “a lack of will” at the Pentagon to solve the voting problem. Democratic interest about tackling the problem might be tempered by apprehension that soldiers will cast too many Republican votes.

Nevertheless, at least one prominent Democrat – House Majority Leader Steny Hoyer – described himself to me as eager to deal with this problem. (Hoyer’s home state of Maryland is one of the worst offenders, with ballots of only 4.1 percent of overseas voters counted in 2006.) Hoyer and Blunt, who have become friendly adversaries in a bitterly partisan Congress, conferred several weeks ago and agreed in principle on co-sponsoring a resolution aimed at getting the Defense Department moving.

Hoyer wanted the resolution to cover expatriate Americans as well as the military, and Blunt did not object. They turned the issue over to their staffers and went about the business of major legislation. Blunt had instructed his staff to seek agreement with Democrats but, if not, to introduce a resolution applying only to the military, which was the outcome.

One presidential staffer who is familiar with the situation privately dismisses the Pentagon bureaucrats as “hopeless.” In a lame-duck administration counting the days before a troubled eight years finally end, American fighting men and women in Iraq and Afghanistan deprived of their right to vote constitute the least of White House worries.

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Conference Targets War-Born Stresses

July 26, 2008 – Confronted with rising rates of suicide and post-traumatic stress disorder among Iraq and Afghanistan veterans, hundreds of Marine and Navy officers meet in San Diego next month to address ways to limit war-born physical and psychological damage.

The officers, along with military and civilian medical specialists, are meeting Aug. 12-14 at the Manchester Grand Hyatt to discuss the latest treatments for troops suffering as result of their combat experience.

The conference also will focus on the children and spouses of troops who have been disabled by post-traumatic stress and traumatic brain injury.

In its first-ever such conference last year, Marine Corps leaders vowed to eliminate an institutional mind–set that prevented some troops from seeking help for stress-related problems.

This year’s “Combat Operational Stress Control Conference” includes updates on what service leaders have done in the months since last year’s inaugural symposium in Washington.

The effort comes as rates of suicide and post-traumatic stress disorder among Marines continue to rise, nearly seven years after the invasion of Afghanistan and more than five years after the invasion of Iraq. Through June of this year, 25 Marines have committed suicide, a pace that would surpass the rate of 16.5 suicides per 100,000 troops reported by the service in 2007.

From 1996 through 2006, the suicide rate per 100,000 troops was 14.3 percent.

Between March 2003 and April 2007, the Marine Corps diagnosed 5,714 cases of post-traumatic stress disorder, according to figures provided by the service. And in April, the Rand Corporation released a study contending that nearly 20 percent of all service members —- approximately 300,000 troops —- have reported suffering from symptoms of post-traumatic stress disorder or major depression.

Marine Corps Commandant James Conway will not be at the conference, but several civilian and uniformed members from the service’s headquarters are scheduled to attend.

Among the brass making presentations are Camp Pendleton’s Maj. Gen. Michael Lehnert, commanding general of Marine Corps installations throughout the West, and the top enlisted man in the Marine Corps, Sgt. Maj. Carlton Kent.

War zone treatment

Panel sessions include presentations on early treatment in war zones and ways to prevent and recognize combat stress at the small unit level.

In May, Navy doctors in Iraq told a visiting North County Times reporter that they are increasingly treating troops diagnosed with mild or moderate cases of post-traumatic stress by keeping them with their units in the war zone. Having a support group of their peers around them was proving key to helping those whose cases did not require evacuation back to the U.S., the doctors said.

Angela Drake, a neuropsychologist who manages the Defense and Veterans Brain Injury Center programs at Camp Pendleton and in San Diego, said that approach is working.

“It’s a really positive move that goes along with early identification and treatment,” she said. “Those soldiers, sailors and Marines have such a bond with each other, and that kind of support is critical. I think we’ll see more of it in the future.”

Drake will present a report at the conference on what small-unit-level commanders need to know about post-traumatic stress and traumatic brain injury, the latter a result of the head violently striking an object, the brain being pierced or exposure to the detonation of a grenade or roadside bomb.

“My presentation is intended to help line officers be aware of what they should watch for and what to do when they notice these issues,” she said. “The message is that early screening and identification is vitally important, because early treatment results in the best outcomes.”

Conference sessions aimed at family members include presentations on helping children deal with parents’ deployments and one billed as “psychological first aid for military families.” Another addresses the effect of combat stress on couples and marriages.

The trigger pullers

Bill Rider of the American Combat Veterans of War, a local nonprofit group that works with active-duty and former Marines on stress issues, said Marine Corps leader have made huge strides when it comes to setting aside the warrior mentality to treat troops with mental health issues.

“The direction the Marine Corps is going is very promising,” Rider said last week. “It says a lot about the leadership at the higher levels.”

At the same time, Rider said all the services need to pay more attention to the problems that arise for those involved in heavy fighting.

“All troops are affected somewhat,” he said. “But the trigger pullers, the ones killing people or getting shot at and participating in collateral damage (civilian deaths), are impacted 100 percent across the board.”

One improvement, he said, would be to increase the recognition of those troops.

“I feel very emphatically that one important way to help these young warriors get better is to recognize them for their heroism,” he said. “A lot of officers are recognized and given decorations and commendations, while a lot of the enlisted men do not. There’s something wrong with that.”

Many of the current and former Marines who seek out his group’s services tell him that one way to validate their service and the mental health issues arising from combat is to speed delivery of disability compensation, Rider said.

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Why We Never Need to Build Another Polluting Power Plant

July 28, 2008 – Suppose I paid you for every pound of pollution you generated and punished you for every pound you reduced. You would probably spend most of your time trying to figure out how to generate more pollution. And suppose that if you generated enough pollution, I had to pay you to build a new plant, no matter what the cost, and no matter how much cheaper it might be to not pollute in the first place.

Well, that’s pretty much how we have run the U.S. electric grid for nearly a century. The more electricity a utility sells, the more money it makes. If it’s able to boost electricity demand enough, the utility is allowed to build a new power plant with a guaranteed profit. The only way a typical utility can lose money is if demand drops. So the last thing most utilities want to do is seriously push strategies that save energy, strategies that do not pollute in the first place.

America is the Saudi Arabia of energy waste. A 2007 report from the international consulting firm McKinsey and Co. found that improving energy efficiency in buildings, appliances and factories could offset almost all of the projected demand for electricity in 2030 and largely negate the need for new coal-fired power plants. McKinsey estimates that one-third of the U.S. greenhouse gas reductions by 2030 could come from electricity efficiency and be achieved at negative marginal costs. In short, the cost of the efficient equipment would quickly pay for itself in energy savings.

While a few states have energy-efficiency strategies, none matches what California has done. In the past three decades, electricity consumption per capita grew 60 percent in the rest of the nation, while it stayed flat in high-tech, fast-growing California. If all Americans had the same per capita electricity demand as Californians currently do, we would cut electricity consumption 40 percent. If the entire nation had California’s much cleaner electric grid, we would cut total U.S. global-warming pollution by more than a quarter without raising American electric bills. And if all of America adopted the same energy-efficiency policies that California is now putting in place, the country would never have to build another polluting power plant.

How did California do it? In part, a smart California Energy Commission has promoted strong building standards and the aggressive deployment of energy-efficient technologies and strategies — and has done so with support of both Democratic and Republican leadership over three decades.

Many of the strategies are obvious: better insulation, energy-efficient lighting, heating and cooling. But some of the strategies were unexpected. The state found that the average residential air duct leaked 20 to 30 percent of the heated and cooled air it carried. It then required leakage rates below 6 percent, and every seventh new house is inspected. The state found that in outdoor lighting for parking lots and streets, about 15 percent of the light was directed up, illuminating nothing but the sky. The state required new outdoor lighting to cut that to below 6 percent. Flat roofs on commercial buildings must be white, which reflects the sunlight and keeps the buildings cooler, reducing air-conditioning energy demands. The state subsidized high-efficiency LED traffic lights for cities that lacked the money, ultimately converting the entire state.

Significantly, California adopted regulations so that utility company profits are not tied to how much electricity they sell. This is called “decoupling.” It also allowed utilities to take a share of any energy savings they help consumers and businesses achieve. The bottom line is that California utilities can make money when their customers save money. That puts energy-efficiency investments on the same competitive playing field as generation from new power plants.

The cost of efficiency programs has averaged 2 to 3 cents per avoided kilowatt hour, which is about one-fifth the cost of electricity generated from new nuclear, coal and natural gas-fired plants. And, of course, energy efficiency does not require new power lines and does not generate greenhouse-gas emissions or long-lived radioactive waste. While California is far more efficient than the rest of the country, the state still thinks that with an even more aggressive effort, it can achieve as much additional electricity savings by 2020 as it has in the past three decades.

Serious energy efficiency is not a one-shot resource, where you pick the low-hanging fruit and you’re done. In fact, the fruit grows back. The efficiency resource never gets exhausted because technology keeps improving and knowledge spreads to more people.

The best corporate example is Dow Chemical’s Louisiana division, consisting of more than 20 plants. In 1982, the division’s energy manager, Ken Nelson, began a yearly contest to identify and fund energy-saving projects. Some of the projects were simple, like more efficient compressors and motors, or better insulation for steam lines. Some involved more sophisticated thermodynamic “pinch” analysis, which allows engineers to figure out where to place heat exchangers to capture heat emitted in one part of a chemical process and transfer it to a different part of the process where heat is needed. His success was nothing short of astonishing.

The first year of the contest had 27 winners requiring a total capital investment of $1.7 million with an average annual return on investment of 173 percent. Many at Dow felt that there couldn’t be others with such high returns. The skeptics were wrong. The 1983 contest had 32 winners requiring a total capital investment of $2.2 million and a 340 percent return — a savings of $7.5 million in the first year and every year after that. Even as fuel prices declined in the mid-1980s, the savings kept growing. The average return to the 1989 contest was the highest ever, an astounding 470 percent in 1989 — a payback of 11 weeks that saved the company $37 million a year.

You might think that after 10 years, and nearly 700 projects, the 2,000 Dow employees would be tapped out of ideas. Yet the contest in 1991, 1992 and 1993 each had in excess of 120 winners with an average return on investment of 300 percent. Total savings to Dow from just those projects exceeded $75 million a year.

When I worked at the Department of Energy in the mid-1990s, we hired Nelson, who had recently retired from Dow, to run a “return on investment” contest to reduce DOE’s pollution. As they were at Dow, many DOE employees were skeptical such opportunities existed. Yet the first two contest rounds identified and funded 18 projects that cost $4.6 million and provided the department $10 million in savings every year, while avoiding more than 100 tons of low-level radioactive pollution and other kinds of waste. The DOE’s regional operating officers ended up funding 260 projects costing $20 million that have been estimated to achieve annual savings of $90 million a year.

Economic models greatly overestimate the cost of carbon mitigation because economists simply don’t believe that the economy has lots of high-return energy-efficiency opportunities. In their theory, the economy is always operating near efficiency. Reality is very different than economic models.

In my five years at DOE, working with companies to develop and deploy efficient and renewable technologies, and then in nearly a decade of consulting with companies in the private sector, I never saw a building or factory that couldn’t cut electricity consumption or greenhouse-gas emissions 25 percent to 50 percent with rapid payback (under four years). My 1999 book, “Cool Companies,” detailed some 100 case studies of companies that have done just that and made a great deal of money.

There are many reasons that most companies don’t match what the best companies do. Until recently, saving energy has been a low priority for most of them. Most utilities, as noted, have little or no incentive to help companies save energy. Funding for government programs to help companies adopt energy-saving strategies has been cut under the Bush administration.

Government has a very important role in enabling energy savings. The office of Energy Efficiency and Renewable Energy at the U.S. Department of Energy has lots of (underfunded) programs that deliver savings every day. Consider, for instance, Chrysler’s St. Louis complex, which recently received a DOE Save Energy Now energy assessment. Using DOE software, Chrysler identified a variety of energy-saving measures and saved the company $627,000 a year in energy costs — for an upfront implementation cost of only $125,000.

 The key point for policymakers now is that we have more than two decades of experience with successful state and federal energy-efficiency programs. We know what works. As California energy commissioner Art Rosenfeld — a former DOE colleague and the godfather of energy efficiency — put it in a recent conversation, “A lot of technology and strategies that are tried and true in California are waiting to be adopted by the rest of country.”

So how do we overcome barriers and tap our nearly limitless efficiency resource? Obviously, the first thing would be to get all the states to embrace smarter utility regulations, which is a core strategy of Barack Obama’s plan to reduce greenhouse gases. But how does the federal government get all the states to embrace efficiency?

We should establish a federal matching program to co-fund state-based efficiency programs, with a special incentive to encourage states without an efficiency program to start one. This was a key recommendation of the End-Use Efficiency Working Group to the Energy Future Coalition, a bipartisan effort to develop consensus policies, in which I participated. The first year should offer $1 billion in federal matching funds, then $2 billion, $3 billion, $4 billion, and finally stabilizing at $5 billion. This will give every state time to change their regulations and establish a learning curve for energy efficiency.

This program would cost $15 billion in the first five years, but save several times that amount in lower energy bills and reduced pollution. Since the next president will put in place a cap-and-trade system for greenhouse gases, the revenues from auctioning the emissions permits can ultimately be used to pay for the program.

We should restore a federal focus on the energy-intensive industries, such as pulp and paper, steel, aluminum, petroleum refining and chemicals. They account for 80 percent of energy consumed by U.S. manufacturers and 90 percent of the hazardous waste. They represent the best chance for increasing efficiency while cutting pollution. Many are major emitters of greenhouse gases other than carbon dioxide. A 1993 analysis for the DOE found that a 10 to 20 percent reduction in waste by American industry would generate a cumulative increase of $2 trillion in the gross domestic product from 1996 to 2010. By 2010, the improvements would be generating 2 million new jobs.

For these reasons, in the 1990s, the Energy Department began forming partnerships with energy-intensive industries to develop clean technologies. We worked with scientists and engineers to identify areas of joint research into technologies that would simultaneously save energy, reduce pollution and increase productivity. The Bush administration slashed funding for this program by 50 percent — and keeps trying to shut it down entirely.

Indeed, conservatives in general have cut the funding or shut down entirely almost all federal programs aimed at deploying energy-efficient technologies. Conservatives simply have a blind spot when it comes to energy efficiency and conservation, seeing them as inconsequential “Jimmy Carter programs.”

I recently testified at a Senate Environment and Public Works Committee hearing on nuclear power and spoke about how alternative technologies, particularly energy efficiency, were a much better bet for the country. Senator George Voinovich (R-Ohio) said this was “poppycock,” and then asked all the pro-nuclear witnesses to address the question, “If nuclear power is so uncompetitive, why are so many utilities building reactors?”

Voinovich apparently has forgotten about the massive subsidies he himself voted to give the nuclear industry in 2005. He seems to be unaware that states like Florida allow utilities to sharply raise electric rates years in advance of a nuclear plant delivering even a single electron to customers. If you could do that same forward-pricing with energy efficiency, we would never need to build another polluting plant.

Although he is a senior member of the Senate and a powerful voice on energy and climate issues, Voinovich doesn’t seem to know the first thing about the electricity business; namely, that a great many utilities have a huge profit incentive to build even the most expensive power plants, since they can pass all costs on to consumers while retaining a guaranteed profit. But they have a strong disincentive from investing in much less costly efforts to reduce electricity demand, since that would eat into their profits.

The next president must challenge the public service commission in every state to allow utilities to receive the same return on energy efficiency as they are allowed to receive on generation. That single step could lead the country the furthest in solving our ever-worsening climate and energy problems.

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July 28, VCS and VUFT File Appeal in Lawsuit Against VA, Citing Serious Veteran Suicide Epidemic

Veterans appeal ruling in lawsuit against VA

Monday Jul 28, 2008 – As promised, the advocacy group Veterans for Common Sense has filed an appeal in a case in which it accuses the Veterans Affairs Department of putting veterans at risk for suicide and mental health issues through shortfalls in care.

In June, Judge Samuel Conti of the 9th Circuit Court of Appeals in California ruled that the case was out of his jurisdiction because Veterans for Common Sense could not prove that the problems cited — delays in benefits, lost records, long waits for doctors’ appointments, not enough oversight and veterans turned away from hospitals with suicidal thoughts — applied to every veteran, and were therefore not systemic.

However, Conti said in his ruling that those problems need to be tended to, and that individual veterans could sue VA. He said the power to change the system ultimately rests with Congress and VA.

But Veterans for Common Sense, in conjunction with Veterans United for Truth, appealed because they believe the courts do have jurisdiction and can force change. They have requested an expedited hearing, citing new statistics that show a veterans’ suicide hotline receives 250 calls a day from people in distress.

The case brought to light several problems within the system, including an e-mail from a woman who oversees mental health workers at a Temple, Texas, VA facility in which she said her center did not have the resources necessary to diagnose veterans with post-traumatic stress disorder and advised them instead to diagnose “adjustment disorder” — a short-term diagnosis no longer applicable to veterans who have had symptoms for more than six months.

The case also disclosed an e-mail that showed more than 1,000 veterans in VA’s care attempt suicide every month.

“For these reasons, plaintiffs believe they should continue to fight, that their cause is valid, and that Judge Conti was incorrect in holding that the courts are without power to grant veterans a remedy,” attorneys for Veterans for Common Sense said in a statement.

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McCaskill Takes on Military Industrial Complex

July 25, 2008 – A scathing report accusing government auditors of corruption, issued by the government’s top investigative body, prompted a freshman senator to call for firings “by nightfall” on Thursday.

    In her first term, Senator Claire McCaskill (D-Missouri), a former prosecutor and Missouri state auditor, has taken the lead in figuring out whether the US military gets what it pays for from contractors.

    In an impassioned speech on the floor of the Senate, McCaskill outlined the findings of a Government Accountability Office (GAO) report, which found that Defense Contract Audit Agency (DCAA) officials and major defense contractors successfully pressured Pentagon auditors to hide damaging facts about the performance and costs of weapons systems.

    The DCAA has “gotten caught in what could be the biggest auditing scandal in the history of this town, and I’m not exaggerating here. I will guarantee you, as auditors around the country learn about this, they’re going to have disbelief and raw anger that this agency has impugned the integrity of government auditors everywhere by these kinds of irresponsible actions,” McCaskill said.

    McCaskill fired off letters to Secretary of Defense Robert Gates and DCAA Director April G. Stephenson, demanding accountability and a full explanation of the issues the GAO report raised. In a July 11 letter, Stephenson said that DCAA did not agree with the “totality” of the report but was addressing some of the issues raised.

    The GAO, the top nonpartisan governmental investigative body in Washington, DC, looked at 14 audits performed by the 4,000-member DCAA, the internal government audit team that is supposed to oversee contracting for the Department of Defense (DoD) and other government agencies. Zero of the 14 audits met government standards.

    The report, titled “DCAA Audits: Allegations That Certain Audits at Three Locations Did Not Meet Professional Standards Were Substantiated,” was based on over 100 interviews with current and former auditors and a review of the 13 sets of “working papers” – the documentation auditors use to backup their conclusions.

    The report found, in every case, the working papers did not support the conclusions of the auditors – a clear violation of auditing principles. In addition, the investigation revealed that supervisors at the DCAA “dropped findings and changed audit opinions,” and that the DCAA did not allow auditors sufficient time to do thorough work.

    According to GAO investigators, “[W]e also found that contractor officials and the DoD contracting community improperly influenced the audit scope, conclusions, and opinions of some audits – a serious independence issue.” In GAO speak, this means private companies and people in the Pentagon conspired to conceal wasteful and fraudulent activity by contractors at the cost of the US taxpayer.

    Among the findings of the report:

The DCAA resident auditor made an agreement with an unnamed aerospace contractor (determined to be Boeing based on the facts contained in the report), one of the five largest government defense contractors, that “limited the scope” of the audit and would allow the contractor to correct problems that were found before the final audit opinion was issued. [Bullet]The resident auditor replaced uncooperative auditors and intimidated others into making unsubstantiated assessments that benefited contractors at the expense of the government. [bullet]Supervisors assigned complex auditing tasks to underqualified subordinates, resulting in incomplete audits.

DCAA officials threatened staff members with retaliation for speaking with GAO investigators.

The director of a cost-estimating system for a major defense contractor threatened the DCAA he would “escalate” the issue “to the highest level possible” in the government and within the company in question if the DCAA would not green-light the billing system it identified as problematic.

The DCAA failed to revisit contracts that were negotiated by a corrupt (and later convicted) Air Force official.

Mistakes, incompetence or intentional deception by the DCAA has essentially built in defective price-estimating systems that may artificially inflate contract estimates for years to come.
    The GAO investigation itself was interfered with. In a letter to top members of Congress, the GAO stated: “we noted a pattern of frequent management actions that served to intimidate the auditors and create an abusive environment … As a result, some auditors were hesitant to speak to us.” Nick Schwellenbach, National Security investigator for the nonpartisan government spending watchdog group, Project on Government Oversight (POGO), said that the GAO report “demonstrates that the government’s system of contractor oversight is rotten because the independent government agencies that are supposed to look out for the taxpayers are corrupted,” adding “we have senior members inside the DCAA who are retaliating against their own members in favor of the private contractors.”

    Schwellenbach pointed out that DCAA auditors oversee contracting at a number of different government agencies including NASA, and that NASA’s inspector general has previously criticized the DCAA’s work. “This looks like it could go even deeper,” Schwellenbach added.

    “You know, the Department of Defense has been on the high risk list of this government for more than a decade. Scandal after scandal has rolled out of the Department of Defense on contracting … I took a trip to Iraq just on contract oversight with an auditor’s eye, meeting with the people that oversee the contracts in Iraq … I think we burned up more than $150 billion in just pure contracting abuse,” McCaskill said during her speech, adding, “and all this time that we have been wasting hundreds and billions of dollars, the fox was in the chicken coop.”

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Lawmakers Want VA Voting Drives

July 25, 2008, Washington, DC – Two Democratic lawmakers on Friday asked the Department of Veterans Affairs to rescind a policy banning nonpartisan voter registration drives in its facilities.

In May, VA Secretary James Peake issued a directive saying voter registration drives are not permitted because they are disruptive. The directive also said they are not allowed because of the Hatch Act, a law that restricts political activities by government employees.

The VA does help patients and nursing home residents who request assistance to register and to vote, VA spokeswoman Alison Aikele said in a statement.

“Designating a VA hospital as a voter registration site would allow the general public to use it for that purpose and would be disruptive to the quality of care we provide our veterans,” Aikele said.

Reps. Bob Brady, D-Pa., who chairs the Committee on House Administration, and Bob Filner, D-Calif., who chairs the House Veterans Affairs Committee, said in a letter to Peake that voter registration drives are one of the most effective tools in promoting veterans’ right to vote.

The agency “should recognize that promoting civic engagement should not be viewed as a ‘disruption in their operations’ but rather an instrumental component of providing medical and social support services to our veterans,” they wrote in the letter, which was sent Friday.

The lawmakers said the VA is misinterpreting the Hatch Act.

Voting advocacy and veterans groups have also encouraged Peake to change the policy.

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Ho Hum Hamdan

July 25, 2008 – The more things change the more they stay the same. The long-awaited military trial of terror suspect Salim Hamdan, currently underway at the euphemistically-named “Camp Justice” at Guantanamo Bay, Cuba, looks from the outside to be a carbon copy of criminal conspiracy trials we see every day here in civilian courts on the mainland.

The prosecutors (here, military lawyers) are trying to pretend that Hamdan was a significant cog in the al Qaeda machine just as federal prosecutors would try to portray any organized crime foot soldier as a major player in the mob. Enzo the Baker becomes a capo. The defense, meanwhile, wants military jurors (here, military officers) to believe that Hamdan was little more than a cabbie, a guy just trying to make a buck chauffeuring clients around. Enzo the Baker in this scenario is just a baker.

The plot line so far, four days into the trial, is straight from outtakes of “The Godfather” or “Law and Order.” We are not witnessing an epochal “war crimes” trial – the first since the Twin Towers fell on September 11, 2001. We are not unwinding the al Qaeda stem. We are not at the heart of the matter. We are, instead, watching penny-ante stuff, a trial the dramatic moments of which have come mostly because Hamdan apparently doesn’t like his attorney and spars with him at the defense table.

From Hamdan’s own mouth – courtesy of interrogations that likely wouldn’t be permitted in our own justice system and which ultimately may reverse a conviction here – his jurors have learned that he identified key al Qaeda suspects and drew maps of camps and compounds. He had knowledge, clearly, but just as clearly no great urge to fight. FBI Agent Craig Donnachie told the panel Thursday that when Hamdan’s time in a “terror camp” was up, he “just wanted to return back to the guest house and work there and be with his family.”

I am no expert, of course, and supporting terrorists is supporting terrorists no matter how long you do it, but this testimony does not strike me as emblematic of the sentiments and actions of a dangerous jihadist. Speaking of which, the only true news to have emerged so far from the trial is a colossal embarrassment to the government and has nothing to do with Hamdan. Evidently, Hamdan told his interrogators years ago that they had released from Gitmo (back to Morocco) a “hard guy” terror suspect named Abdellah Tabarak. Oops. Bet the Administration would rather have Tabarak on trial than Hamdan.

But, to paraphrase the architect of the War in Iraq, you go to trial with the defendant you have, not the one you wish you had. This is why historians will note the Hamdan trial only because it was the first full-on military tribunal since the end of World War II. They will note it because of the procedural wrangling that proceeded it (Hamdan took his cause up to the U.S. Supreme Court and won) and the lengthy appellate process that is sure to follow it. Put another way, whatever role Hamdan played in the legal history of the war on terror has already been mostly played.

Still it’s mildly interesting to see whether and to what extent intelligence-gathering operations can co-exist with evolving criminal and/or military justice. The reason that the charges against Hamdan are built almost entirely from his own words, uttered in countless interrogation sessions, is that Hamdan was never advised that anything he said to his captors could be used against him. A wise policy, right? After all, the primary purpose behind such interrogations is to discover information not to build a future lawsuit.

But that policy was put in place before the Supreme Court announced last month that detainees like Hamdan will get a full appellate review following their convictions at Gitmo. It was put into place before the Court forced the White House to mesh military procedures with civilian due process rights. Apples now meet oranges and the big questions are: will the federal courts look upon the Hamdan interrogations at Gitmo as “coercive” and, if so, what will those courts do about it?

The answers don’t really matter much in Hamdan’s case. Whether he serves a life sentence or is deported back to the Middle East probably won’t make a difference in the outcome of the war on terror. But the future interrogation questions for our federal courts are hugely important in the upcoming trials of true al Qaeda leaders like Ramzi Binalshibh and Khalid Sheik Mohammed. If their cases are overturned because of the way they were interrogated well, then, that would be quite a story.

I don’t think that’s going to happen. I don’t think that any judge in America is going to toss out a conviction of an Al Qaeda terror boss. But I also didn’t think that Hamdan’s presiding judge, Captain Keith Allred, would have dismissed from the trial evidence of “coercive” interrogation sessions of Hamdan conducted in Afghanistan in 2001. Mohammed and Binalshibh were subject, remember, to certain interrogation methods in the secret prisons at which they were kept after their capture. And that’s just one reason why the government is watching the Hamdan trial far more closely than you are.

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