Editorial Column: In Wake of McClellan Charges – When Bill Moyers Revealed How the Press Bought the War

May 31, 2008, New York – Debate continues today over charges by former White House spokesman Scott McClellan, in a new book and on TV, that his former boss “hoodwinked” the media, and the public, into going along with the U.S. attack on Iraq in 2003.

Some reporters, such as NBC’s David Gregory — and anchors (past or present), such as Tom Brokaw and Charles Gibson — are actively defending their performance.

So it’s worth looking back at what I called, last year, the “most powerful indictment of the news media for falling down in its duties in the run-up to the war in Iraq.” The program appeared on April 25, a 90-minute PBS broadcast called “Buying the War,” which marked the return of “Bill Moyers Journal.”

I included my review in my new book “So Wrong for So Long: How the Press, the Pundits — and the President — Failed on Iraq.” An excerpt is published below.

 — While much of the evidence of the media’s role as cheerleaders for the war presented here is not new, it is skillfully assembled, with many fresh quotes from interviews (with the likes of Tim Russert and Walter Pincus) along with numerous embarrassing examples of past statements by journalists and pundits that proved grossly misleading or wrong. Several prominent media figures, prodded by Moyers, admit the media failed miserably, though few take personal responsibility.

The war continues today, now in its fifth year, with the death toll for Americans and Iraqis rising again — yet Moyers points out, “the press has yet to come to terms with its role in enabling the Bush Administration to go to war on false pretenses.”

Among the few heroes of this devastating film are reporters with the Knight Ridder/McClatchy bureau in D.C. Tragically late, Walter Isaacson, who headed CNN, observes, “The people at Knight Ridder were calling the colonels and the lieutenants and the people in the CIA and finding out, you know, that the intelligence is not very good. We should’ve all been doing that.”

At the close, Moyers mentions some of the chief proponents of the war who refused to speak to him for this program, including Thomas Friedman, Bill Kristol, Roger Ailes, Charles Krauthammer, Judith Miller, and William Safire.

But Dan Rather, the former CBS anchor, admits, “I don’t think there is any excuse for, you know, my performance and the performance of the press in general in the roll up to the war…We didn’t dig enough. And we shouldn’t have been fooled in this way.” Bob Simon, who had strong doubts about evidence for war, was asked by Moyers if he pushed any of the top brass at CBS to “dig deeper,” and he replies, “No, in all honesty, with a thousand mea culpas. … nope, I don’t think we followed up on this.”

Instead he covered the marketing of the war in a “softer” way, explaining to Moyers: “I think we all felt from the beginning that to deal with a subject as explosive as this, we should keep it, in a way, almost light – if that doesn’t seem ridiculous.”

Moyers replies: “Going to war, almost light.”

Walter Isaacson is pushed hard by Moyers and finally admits, “We didn’t question our sources enough.” But why? Isaacson notes there was “almost a patriotism police” after 9/11 and when the network showed civilian casualties it would get phone calls from advertisers and the administration and “big people in corporations were calling up and saying, ‘You’re being anti-American here.'”

Moyers then mentions that Isaacson had sent a memo to staff, leaked to the Washington Post, in which he declared, “It seems perverse to focus too much on the casualties or hardship in Afghanistan” and ordered them to balance any such images with reminders of 9/11. Moyers also asserts that editors at the Panama City (Fla.) News-Herald received an order from above, “Do not use photos on Page 1A showing civilian casualties. Our sister paper has done so and received hundreds and hundreds of threatening emails.”

Walter Pincus of the Washington Post explains that even at his paper reporters “do worry about sort of getting out ahead of something.” But Moyers gives credit to Charles J. Hanley of The Associated Press for trying, in vain, to draw more attention to United Nations inspectors failing to find WMD in early 2003.

The disgraceful press reaction to Colin Powell’s presentation at the United Nations seems like something out of Monty Python, with one key British report cited by Powell being nothing more than a student’s thesis, downloaded from the Web — with the student later threatening to charge U.S. officials with “plagiarism.”

Phil Donahue recalls that he was told he could not feature war dissenters alone on his MSNBC talk show and always had to have “two conservatives for every liberal.” Moyers resurrects a leaked NBC memo about Donahue’s firing that claimed he “presents a difficult public face for NBC in a time of war. At the same time our competitors are waving the flag at every opportunity.”

Moyers also throws some stats around: In the year before the invasion William Safire (who predicted a “quick war” with Iraqis cheering their liberators) wrote “a total of 27 opinion pieces fanning the sparks of war.” The Washington Post carried at least 140 front-page stories in that same period making the administration’s case for attack. In the six months leading to the invasion the Post would “editorialize in favor of the war at least 27 times.”

Of the 414 Iraq stories broadcast on NBC, ABC and CBS nightly news in the six months before the war, almost all could be traced back to sources solely in the White House, Pentagon or State Dept., Moyers tells Russert, who offers no coherent reply.

The program closes on a sad note, with Moyers pointing out that “so many of the advocates and apologists for the war are still flourishing in the media.” He then runs a pre-war clip of President Bush declaring, “We cannot wait for the final proof: the smoking gun that could come in the form of a mushroom cloud.” Then he explains: “The man who came up with it was Michael Gerson, President Bush’s top speechwriter.

“He has left the White House and has been hired by the Washington Post as a columnist.”

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Female Soldiers Know: Sexual Assault Can Lead to PTSD

May 26, 2008 – Last month I attended a presentation on Post-Traumatic Stress Disorder, or PTSD, at the Anchorage Veterans Administration Clinic. PowerPoint slides provided a definition of PTSD and common causes of this disorder: IEDs, seeing the bodies of dead children, experiencing serious bodily injuries, and others.

I asked the briefer, a VA psychiatrist, whether the VA also considered Military Sexual Trauma an experience that can lead to PTSD. He replied “no.”

I looked at the physician with amazement. Many peer-reviewed journal articles assert that Military Sexual Trauma, or MST, is especially associated with PTSD. That the Veterans Administration continues to disassociate MST with PTSD is remarkable.

But it may be understandable, considering the military is a culture that ostracizes and ridicules women who “rock the boat” by reporting incidents of sexual assault and violence.

What is needed, if the military and VA are to respond appropriately to MST, is a broad-based, systemic change in the military’s culture. Like other large organizations, there is a reluctance to undertake such changes when the top leadership finds such change unnecessary.

Public Law 109-162, the Violence Against Women Act of 2005, is designed to “bring together the criminal justice, social service, and health systems in an effort to intervene and prevent domestic violence, dating violence, sexual assault, stalking, and rape.”

As a result, local, state and national laws have changed. Services, businesses and communities are responding to victims’ needs. Abusers are being prosecuted. Victims in greater numbers are seeking services and reporting crimes. VAWA helped forge new alliances between police officers, courts and victim advocates.

The act has performed as designed, except in our military.

The military prefers to handle potentially embarrassing matters such as MST “in-house.”

When considering the military’s archaic legal system and widespread sexually inappropriate behaviors, one may understand the commanders’ unwillingness to observe VAWA standards. The hierarchical chain of command provides higher-ranking persons with authority over those of lower rank. Commanders have full discretion when considering whether an investigation into sexual assault is conducted, whether a particular case goes to a military trial (courts-martial) and how the perpetrator is punished, or not.

I’ve seen commanders who were downright giddy about their power over others. I’ve witnessed atrocious things they have said and done, because they could.

Certainly, the commander working with the Judge Advocate General’s Corps uses laws and regulations spelled out in the Uniform Code of Military Justice. But this code has not been substantially revised since the 1950s.

Officers in charge can select which JAG officer serves as the prosecutor (representing the command) and which serves as the defense attorney (often with the same allegiance). Officers in charge can set the perpetrator’s punishment, if there is any.

In a state or federal court, different entities are responsible for these different trial functions. The system of military justice is not encumbered by concerns about conflict of interest or abuse of power. Military rules of evidence provide exceptions for sexual assault cases and, therefore, disallow the victim privacy and confidentiality.

Most alarming, questioning during a military trial permits the use of long-outdated sexist and stereotypical attitudes. State or federal courts prohibit questioning of the victim in this manner.

Military Sexual Trauma leading to Post-Traumatic Stress Disorder is not a new development. Sexual violence by service members against service members has gone on for decades and the military has not fully addressed this crime or its consequences.

At the end of the presentation at the VA Clinic in April, an elderly woman behind me, probably a Korean War veteran, raised her hand and acknowledged to the briefer “I have what she said.”

This veteran shed tears and spoke in a quivering voice as she expressed her pain without using clinically descriptive words. Those who listened could empathize with her, understand her pain, and in horror, share her traumatization and re-traumatization for more than 50 years. We should all be saddened to know that for this veteran and many others like her, the pain lingers and does not quickly dissipate.

And in hearing and knowing this, my heart broke … again.

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Editorial: Washington Post Editorial Board Declares U.S. Winning Iraq War

June 1, 2008 – There’s been a relative lull in news coverage and debate about Iraq in recent weeks — which is odd, because May could turn out to have been one of the most important months of the war. While Washington’s attention has been fixed elsewhere, military analysts have watched with astonishment as the Iraqi government and army have gained control for the first time of the port city of Basra and the sprawling Baghdad neighborhood of Sadr City, routing the Shiite militias that have ruled them for years and sending key militants scurrying to Iran. At the same time, Iraqi and U.S. forces have pushed forward with a long-promised offensive in Mosul, the last urban refuge of al-Qaeda. So many of its leaders have now been captured or killed that U.S. Ambassador Ryan C. Crocker, renowned for his cautious assessments, said that the terrorists have “never been closer to defeat than they are now.”

Iraq passed a turning point last fall when the U.S. counterinsurgency campaign launched in early 2007 produced a dramatic drop in violence and quelled the incipient sectarian war between Sunnis and Shiites. Now, another tipping point may be near, one that sees the Iraqi government and army restoring order in almost all of the country, dispersing both rival militias and the Iranian-trained “special groups” that have used them as cover to wage war against Americans. It is — of course — too early to celebrate; though now in disarray, the Mahdi Army of Moqtada al-Sadr could still regroup, and Iran will almost certainly seek to stir up new violence before the U.S. and Iraqi elections this fall. Still, the rapidly improving conditions should allow U.S. commanders to make some welcome adjustments — and it ought to mandate an already-overdue rethinking by the “this-war-is-lost” caucus in Washington, including Sen. Barack Obama (D-Ill.).

Gen. David H. Petraeus signaled one adjustment in recent testimony to Congress, saying that he would probably recommend troop reductions in the fall going beyond the ongoing pullback of the five “surge” brigades deployed last year. Gen. Petraeus pointed out that attacks in Iraq hit a four-year low in mid-May and that Iraqi forces were finally taking the lead in combat and on multiple fronts at once — something that was inconceivable a year ago. As a result the Iraqi government of Nouri al-Maliki now has “unparalleled” public support, as Gen. Petraeus put it, and U.S. casualties are dropping sharply. Eighteen American soldiers died in May, the lowest total of the war and an 86 percent drop from the 126 who died in May 2007.

If the positive trends continue, proponents of withdrawing most U.S. troops, such as Mr. Obama, might be able to responsibly carry out further pullouts next year. Still, the likely Democratic nominee needs a plan for Iraq based on sustaining an improving situation, rather than abandoning a failed enterprise. That will mean tying withdrawals to the evolution of the Iraqi army and government, rather than an arbitrary timetable; Iraq’s 2009 elections will be crucial. It also should mean providing enough troops and air power to continue backing up Iraqi army operations such as those in Basra and Sadr City. When Mr. Obama floated his strategy for Iraq last year, the United States appeared doomed to defeat. Now he needs a plan for success.

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June 2 Update: VCS Brings VA’s PTSD Crisis into National Spotlight

As Americans focus on summer travel plans, Veterans for Common Sense keeps fighting to publicize and fix issues you care about. In 2002, VCS warned that VA was unprepared for casualties. Now, VA is treating 300,000 patients, inluding 75,000 with PTSD. However, VCS is very concerned that only 33,000 were granted VA disability benefits for PTSD.

In this update, VCS highlights a series of articles that shows PTSD is finally getting some attention, due to the work of VCS. Below, you will read about a series of abuses relating to PTSD. VCS advocates for full mandatory VA funding and planning so our veterans have a roadmap to recovery. We accomplish all that we do thanks to generous support from our members. Please, click here to help us help America’s veterans.

Summer temperatures rise and so do rates of PTSD. Last week, the Pentagon released a report showing a 50{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} increase in Post Traumatic Stress Disorder cases in 2007.

As PTSD becomes more prevalent, Veterans for Common Sense wants all Americans to realize the debilitating effects of untreated PTSD. PTSD can only be treated if it is recognized, and research shows that stigmatizing PTSD reduces the number of veterans seeking care. That’s why we became furious when James Peake said that PTSD and TBI are nothing more than a highschool football injury.

Next, VCS is disapointed that military insurance is inadequate in meeting mental health care needs.

Furthermore, we are outraged that sexual assault on female soldiers is not an official cause of PTSD.

A VA employee in Jackson, Mississippi, gives hope that reform is on the way when he blows the whistle on a bungled claims processing system. James G. “Bo” Maske states ‘improper denials, poor service to veterans,’ slows claims processing to a crawl.

These incidents and problems at VA raise serious questions about VA’s current leadership in Washington. Our soldiers need their war experiences validated, not denigrated. VCS calls on our elected officials to create a safety net for our veterans. Please, contribute today to Veterans for Common Sense so we can continue fighting for our veterans’ rights.

Finally, lest we forget the reason we fight this fight, a tragic story illustrates what can go wrong when VA fails to come through with prompt PTSD treatment.

The only way to provide proper care for our veterans is with full mandatory funding for VA. VCS encourages veterans to come forward and seek VA assistance if they have concerns. We want VA to be ready, willing, and able to provide assistance. Click here to set up a monthly contribution today and help fuel our fight and do right by America’s veterans.

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Editorial Column: Lies, Arrogance Killed My Nephew in Iraq War

May 29, 2008 – Because of the arrogant, corrupt lies of George W. Bush and his neocon handlers my nephew is dead, and I am mad as hell.

My nephew, my sister’s son, died in Iraq a few days before this Memorial Day.

Jason Dene was not killed by enemy fire nor friendly fire but by Bush’s brutal and cynical stop-loss program.

Jason grew up in Orwell and Rutland. He was in his mid-30s, a career Army officer due retire next month. His wife and children were planning his homecoming.

Because of Bush’s abusive stop-loss policy, Jason had been sent into an unwanted third tour of duty. He was a father of three and could not afford to lose his pension. Some “volunteer Army”.

During his three 15-month tours in Iraq, exposure to roadside bombs and other job-related injuries caused Jason to be hospitalized several times for concussion and internal bleeding and other injuries. Recently, Jason’s condition was such that the Department of Defense flew him from Iraq to Dover Air Force Base for surgery. He was released from the hospital into the loving arms of the government who sent him directly back into Iraq. He was put on active duty while he was still on a liquid diet, unable to eat solid food because of a throat hemorrhage due to a botched surgery at a military hospital.

To date all the family has heard from the Army is that Jason variously died “in his sleep” and “in his bunk” and “in his quarters” and my favorite “sleep apnea complicated by smoking cigarettes,” in other words, natural causes.

After his second tour Jason returned home with severe mental and physical issues. He was certainly in no condition to be pressed into a third tour. He wanted out of the army. But Jason was a victim of the liar’s back-door draft.

The administration knows the war could not continue if the draft was reinstated, hence the criminally deceptive stop-loss program. At all costs, the administration wants to avoid Vietnam-scale student protests. In this case the cost fell on Jason, whose death will not be included as a war casualty. Jason Dene will not be buried at Arlington National Cemetery; he will just sort of … disappear quietly (they hope).

How many others have died in Iraq of “natural causes,” the soldiers we will never hear about?

Because of George Bush, the arrogant, the corrupt, the liar, the war criminal, my nephew is dead and my sister and the rest of my family are devastated.

Yes, I am very, very angry. How would you feel?

(Jason is the nephew of actress Mia Farrow)

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US May Have Held Prisoners of War at Diego Garcia Island in Indian Ocean, despite UK denials

Ships, torture claims, and missing detainees: America may have held terror suspects in British territory, despite UK denials

June 2, 2008 – The controversy over prison ships was first highlighted in June 2005 when the UN’s special rapporteur on terrorism spoke of “very, very serious” allegations that the US was secretly detaining terrorism suspects in various locations around the world, notably on vessels in the Indian Ocean.

The US authorities have not denied that ships have been used to incarcerate detainees. Questioned four years earlier about the purpose of holding prisoners on ships, specifically the USS Peleliu, Rear Admiral John Stufflebeem, spokesman for the US joint chiefs of staff, replied: “I don’t know the specifics. Central command determines for either medical considerations, for the protection of those individuals, for the isolation in the sense of not having forces that would try to come get somebody out of a detention centre, for a security aspect, and obviously an interest to continue interrogation.”

The US has admitted that the Bataan and Peleliu were used as prison ships between December 2001 and January 2002. After the post-September 11 bombing of Afghanistan, General Tommy Franks, the commander of US forces, referring to the “American Taliban”, John Walker Lindh, said: “We will continue to control him on the Peleliu until the determination is made regarding whether we handle him within the military or whether he is handled on the civilian side.”

Lindh is now serving a 20-year sentence in jail in California.

President George Bush admitted in September 2006 that the CIA operated a secret network of “black sites” in which terrorist suspects were held and subjected to what he called “enhanced interrogation techniques”, a term described by the Council of Europe as “essentially a euphemism for some kind of torture”.

The CIA is also believed to have run prisons in countries in almost every continent, including Thailand, Afghanistan (at Bagram, near the military airport, north of Kabul), Poland, Romania, and Djibouti, the former French colony at the southern end of the Red Sea, as well as at Guantánamo Bay.

It may also have secretly imprisoned suspects in the British Indian Ocean Territory of Diego Garcia, despite UK government denials. In addition, prisoners have been subjected to “extraordinary rendition” – secretly transported to destinations where they risked being tortured. There is evidence a number were tortured.

Prisoners seized by the US in the west as well as Afghanistan and elsewhere have been flown to prisons in Syria, Jordan, Morocco and Egypt.

According to a US Congress report, up to 14,000 people may have been victims of rendition and secret detention since 2001. Some reports estimate there have been twice as many. The US admits to have captured more than 80,000 prisoners in its “war on terror”.

The human rights group, Reprieve, points to a statement by Bush on September 6 2006 that “the secret prisons are now empty”. Reprieve says this is not the case.

Over the past six months alone, Reprieve and other human rights groups have uncovered over 200 new cases of rendition and secret detention. Many prisoners remain unaccounted for, held without any legal protection.

Years of questioning by MPs and by the media, including the Guardian, met with repeated and categorical denials from ministers that Britain had colluded in America’s rendition programme in any way since 2001.

The Guardian reported that the CIA had flown aircraft used for rendering prisoners in and out of UK civilian and military airports hundreds of times. Ministers said no prisoner had been on board any of them. Specific allegations about the use of Diego Garcia were similarly dismissed.

Then last year, parliament’s intelligence and security committee (ISC) suggested that Britain had protested about US policy. “Although the US may take note of UK protests and concerns, this does not appear materially to affect its strategy on rendition,” the committee reported.

It added that both MI6 and MI5 “were slow to appreciate [the] change in US rendition policy”, specifically over the case of Bisher al-Rawi and Jamil el-Banna, British residents seized by the CIA in the Gambia and sent to Guantánamo Bay.

Paul Murphy, then chairman of the ISC, and now the Welsh secretary, said : “Our inquiry has not been helped by the fact that government departments have had such difficulty in establishing the facts from their own records in relation to requests to conduct renditions through UK airspace”.

In February, the foreign secretary, David Miliband , in a humiliating episode, admitted to MPs that contrary to earlier explicit assurances, two US rendition flights landed at Diego Garcia in 2002. British and US officials refused to give details about the two detainees in question, other than that one was in Guantánamo Bay and the other had been released. Miliband said he had asked his officials to compile a list of all UK-related flights on which rendition had been alleged.

Manfred Novak, the UN’s special investigator on torture, has said he has credible evidence from sources he cannot reveal that detainees were held on Deigo Garcia between 2002 and 2003. Nothing more has been heard about the matter.

However, shortly after Miliband’s admission, Ben Griffin, a former SAS soldier, said that individuals detained by SAS troops in a joint UK-US special forces taskforce had ended up in interrogation centres in Iraq, including Guantánamo Bay. “These secretive prisons are part of a global network in which individuals face torture and are held indefinitely without charge,” he said.

“All of this is in direct contravention of the Geneva conventions, international law and the UN convention against torture.” The Ministry of Defence obtained a high court injunction preventing him from making any further allegations.

Vessels used:

USS Bataan Wasp-class amphibious assault ship, 257m x 32m. Carries 3,200 people. Took part in activities in Iraq and Afghanistan. Holds a 600-bed hospital

USS Peleliu Tarawa-class amphibious assault ship, 250m x 32.5m. Carries 2,805 people. Was deployed as part of Operation Iraqi Freedom, on August 22 2003, and took part in activities in south Iraq and Persian Gulf

USNS Stockham Used to provide support for the US Marine Corps

Other ships that have been stationed at or near Diego Garcia in the Indian Ocean, which warrant investigation regarding possible secret detention facilities, are, according to Reprieve: USNS Watson, Watkins, Sister, Charlton, Pomeroy, Red Cloud, Soderman, and Dahl; MV PFC William B Baugh, Alex Bonnyman, Franklin J Phillips, Louis J Huage Jr, and James Anderson Jr

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Don’t Throw Sergeant VerSteegh From His House

May 29, 2008 – I’m delighted Senator Webb’s GI Bill and Senator McCain’s opposition to it presents another opportunity to emphasize that the neoconservative elite who lied about Iraq also lied about “supporting the troops” — the very club they used to silence criticism when they lied about Iraq. If we can reach the place where a super-majority of the U.S. population is permanently convinced that you can’t trust anything related to military affairs said by neocon elitists like Pastor John Hagee’s AIPAC, it’s quite plausible that we could, at long last, enjoy a Presidency of the United States in which the U.S. commits no new violations of international law with respect to the use of military force.

In the latest evidence that neocons “support the troops” as long as it doesn’t cost anything to them or their rich elitist friends, Bloomberg reports:

In the midst of the worst surge in mortgage defaults in seven decades, foreclosures in U.S. towns where soldiers live are increasing at a pace almost four times the national average.
You might think veterans’ groups would be very concerned about this. You’d be right.

“We’ve never faced a situation like this, not in the Vietnam War, World War II, or the Korean War, where so many military are in danger of losing their homes,” said Paul Sullivan, executive director of Veterans for Common Sense, a Washington-based advocacy group started in 2002 by Iraq and Afghanistan War veterans.

How does this affect the family of an individual soldier?

U.S. Air Force Technical Sergeant Jeffrey VerSteegh…departed…in April for his third tour in Iraq. The father of four may lose his home when he returns.

The four-bedroom farmhouse he and his wife, Kathleen, own…went into default in December after their monthly mortgage costs doubled to $1,100. Kathleen missed work because of breast cancer and they struggled to keep up the house payment, falling behind on other bills. Their bankruptcy was approved by the court a week after VerSteegh left for Iraq.

Congress has at its disposal a simple means for making sure that Sergeant VerSteegh and his wife Kathleen are not thrown out of their house. Representative Raul Grijalva has introduced H. R. 6116, “To allow homeowners of moderate-value homes who are subject to mortgage foreclosure proceedings to remain in their homes as renters.” The bill draws on economist Dean Baker’s “own-to-rent” proposal. Moderate income homeowners facing foreclosure could stay in their homes as long as they paid fair market rent.

If you agree that your America wouldn’t throw Sergeant VerSteegh and his wife Kathleen out of their house, why not call your Representative at 202-225-3121 and ask them to co-sponsor Grijalva’s bill?

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VA Rejects Directive to Help Vets Register to Vote

May 31, 2008 – The U.S. Department of Veterans Affairs last week said it would refuse to abide by a 14-year-old presidential directive requiring it to help register veterans to vote.

It says doing so would detract from providing medical care and benefits to veterans.

On May 1, California officials asked the VA to help register veterans, citing a 1994 executive order by President Bill Clinton requiring federal agencies to undertake the responsibility if a state’s top elections official makes the request.

The VA’s May 19 refusal, which received little media attention, has repercussions beyond California. It provides the latest sign that the VA is vigorously resisting organized voter registration drives on its property as a presidential election nears.

Earlier this month, the agency banned any group or individual from registering voters in any of its facilities. Critics say politics are behind the decision and accused the VA of trying to prevent low-income veterans from voting.

But VA chief of staff Tom Bowman said that veterans already receive help, when requested, for registration and that no one is complaining.

“My information is that there has not been a great hue and cry from patients that they’re being denied assistance,” Bowman said. “To say this is politically motivated is simply inaccurate and untrue.”

VA Secretary James Peake, an appointee of President Bush, told California that Clinton’s order could not force a federal agency to comply if doing so isn’t “practicable.”

Attorney Scott Rafferty, who is suing the VA over voter registration restrictions, said the agency is deliberately misinterpreting Clinton’s executive order.

“The rule allows no discretion. It says ‘shall,’ ” said Rafferty. “They say they can’t afford it, but they’ve identified no cost. I’m just kind of baffled.”

Under the order, the VA would have to provide voter registration materials to veterans living at its facilities, help them fill out forms and then send the completed forms to the state.

So far, California is the only state to have made the request.

Voter registration “activities, while extremely important, would require substantial use of VA personnel,” Peake said in a May 19th letter to California’s secretary of state, Debra Bowen.

“Using VA resources in this manner would diminish the agency’s ability to fulfill its mission of providing medical care and benefits to veterans,” Peake wrote.

The dispute has thus far barely raised a ripple in political circles or in the mainstream media nationally or in Florida, where the 2000 presidential election was decided by a mere 537 votes.

Barack Obama is one of just a few national political figures to reference the issue.

In a recent speech in Pennsylvania, Obama said, “There is nothing patriotic about denying wounded troops the ability to vote. … It’s time to reverse this shameful decision.”

John McCain’s campaign did not respond to a request for the candidate’s position on the issue.

“At a time when the nation is at war and seriously injured servicemen and women are returning home daily, anything which detracts from this health care mission would be inappropriate,” Peake told California officials.

A spokeswoman for Bowen’s office said California is considering its legal options but declined to elaborate.

The VA has previously allowed nonpartisan groups, such as the League of Women Voters, to register voters on its property. But that changed without explanation earlier this month, when all groups were banned.

The VA now says only its official volunteers can assist veterans who seek help to register. Critics say they fear the VA will not make registering veterans a priority or will only register those known to be Republicans.

Rafferty challenged the VA’s registration policy in federal court. A judge dismissed the complaint because he said it failed to prove anyone had been prevented from voting. That decision is being appealed.

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ACLU Obtains Heavily Redacted CIA Documents Regarding Waterboarding Torture

May 27, 2008, New York, NY – The American Civil Liberties Union today obtained several heavily redacted documents concerning the CIA’s use of waterboarding as well as a CIA Office of Inspector General report on the CIA’s interrogation and detention program. The CIA turned over the documents in response to an ongoing Freedom of Information Act (FOIA) lawsuit brought by the ACLU and other organizations seeking documents related to the treatment of prisoners in U.S. custody overseas. Government lawyers informed the ACLU today that a federal judge has also “preliminarily overruled” claims by the CIA that other documents it continues to withhold are exempt from the FOIA.

“Even a cursory glance at these heavily-redacted documents shows that the CIA is still withholding a great deal of information that should be released,” said Jameel Jaffer, Director of the ACLU National Security Project. “This information is being withheld not for legitimate security reasons but rather to shield government officials who ought to be held accountable for their decisions to break the law.”

One of the documents obtained by the ACLU today is a heavily redacted version of a report by the CIA Office of the Inspector General (OIG) on its review of the CIA’s interrogation and detention program. The report includes information about an as yet undisclosed Justice Department Office of Legal Counsel (OLC) opinion from August 2002. This opinion appears to be the same OLC memo authorizing specific interrogations methods for use by the CIA that is being withheld by the CIA as a classified document in the ACLU’s FOIA litigation. However, the OIG report refers to this document as “unclassified.”
 
In addition to the documents obtained by the ACLU today, Judge Alvin K. Hellerstein of the Southern District of New York has preliminarily overruled the CIA’s claims that other documents relating to the treatment of detainees are exempt from disclosure under the ACLU’s FOIA lawsuit. In January 2008, Judge Hellerstein ordered the CIA to provide him with a sample of the withheld documents so he could determine for himself whether they should be made public. The documents that could be made public in response to Judge Hellerstein’s ruling include:

• A September 17, 2001 CIA Presidential Directive setting up secret CIA detention centers abroad; • An August 2002 OLC memo authorizing the CIA to use particular interrogation methods; and • CIA documents gathered by the CIA’s Inspector General in the course of investigations into unlawful and improper conduct by CIA personnel.

“We welcome the court’s preliminary ruling rejecting the CIA’s attempt to withhold records relating to its unlawful treatment of prisoners,” said Amrit Singh, staff attorney with the ACLU Immigrants’ Rights Project. “If sustained, this ruling would be a historic victory that could compel the CIA to publicly disclose for the first time meaningful records relating to its use of torture.”

Judge Hellerstein is still considering the ACLU’s motion to hold the CIA in contempt of court for destroying hundreds of hours of videotape depicting the abusive interrogations of two detainees in its custody.

In addition to Jaffer and Singh, attorneys on the case are Alexa Kolbi-Molinas and Judy Rabinovitz of the national ACLU; Arthur Eisenberg and Beth Haroules of the New York Civil Liberties Union; Lawrence S. Lustberg and Melanca D. Clark of the New Jersey-based law firm Gibbons P.C.; and Shayana Kadidal and Michael Ratner of the Center for Constitutional Rights.

The documents released today are available online at: www.aclu.org/torturefoia/released/052708/

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Bush Gives Congress a To-Do List

May 31, 2008, Washington, DC – President Bush has a to-do list awaiting Congress when lawmakers return from their Memorial Day recess.

“I hope members of Congress return rested because they have a lot of work left on important issues and limited time to get it done,” Bush said Saturday in his weekly radio address.

On his work list for lawmakers: a war funding bill, intelligence legislation, veterans benefits, a free trade pact and giving a nod to Steve Preston, his nominee for housing secretary.

“In all these areas, Congress has failed to act,” Bush said.

House Speaker Nancy Pelosi rebutted Bush’s claim that Congress isn’t getting its work done. She pointed to the economic stimulus bill passed by lawmakers.

“We are working now to tackle the housing foreclosure crisis, combat record prices at the pump, extend unemployment insurance to the growing number of Americans looking for work, make healthy food affordable to millions of Americans, launch a new GI Bill for a full, four-year education for the veterans of Iraq and Afghanistan and help restore consumer confidence by protecting our children from toxic toys,” Pelosi said in response to the president’s radio address.

Bush said Congress needs to pass a war funding bill that is not “loaded up” with unrelated domestic spending.

The Senate on May 22 ignored Bush’s veto threat and added tens of billions of dollars for veterans and the unemployed to his Iraq war spending bill. A majority of Republicans broke ranks with Bush on a veto-proof 75-22 vote while adding more than $10 billion for various other domestic programs, including heating subsidies for the poor, wildfire fighting, road and bridge repair and health research.

Bush has enough GOP support in the House to sustain a veto. But the spectacle of 25 Senate Republicans abandoning the White House and voting to extend jobless benefits by 13 weeks and boost the GI Bill to provide veterans enough money to pay for a four-year education at a public institution made it plain that Bush’s influence is waning.

Bush voiced his opposition to a plan to expand the GI bill to guarantee full college scholarships for people with three years of military service. The administration opposes the expansion, saying that offering such a benefit after only three years of service would encourage members of the military to leave after only one enlistment.

The Democratic-led Senate has passed the measure, sponsored by Sen. Jim Webb, D-Va., on a 75-22 vote. Republicans have proposed a bill to increase benefits commensurate with a veteran’s length of service.

Bush also reprimanded Congress over an intelligence law that expired more than three months ago.

The law is intended to help the government pursue suspected terrorists by making it easier to eavesdrop on international phone calls and e-mails between foreigners abroad and Americans in the U.S. Efforts to renew the law have been tied up for months, primarily because of a dispute over how to resolve roughly 40 civil lawsuits filed against telecommunications companies that allegedly cooperated in the so-called warrantless wiretapping program.

On trade, Bush is pushing lawmakers to approve a free-trade deal with Colombia.

Bush has said the House’s decision to block a vote on a Colombia free trade agreement was a serious error and urged Congress to reconsider. Democrats have cited the continued violence against organized labor in Colombia and differences with the administration over how to extend a program that helps U.S. workers displaced by foreign competition.

The president argues that the U.S. must show its support for Colombian President Alvaro Uribe, who is working to transform his country from a near-failed state to a stable democracy with a growing economy and has been a partner with the United States in fighting drugs and terrorism.

“Unless this agreement is brought up for a vote, it will die,” the president said.

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