Why the Military Shouldn’t Take Charge in Emergencies

A majority of Americans in a recent poll expressed support for the use of our military as part of law enforcement during domestic emergencies. President Bush evidently shares this view, for he proposed using the military to enforce the law in the aftermath of Hurricane Katrina. He suggested as well that the military might be best qualified to quarantine sections of the United States in the event of a bird flu epidemic. He has proposed that the Department of Defense, not a civilian agency, receive $5 billion to stockpile flu vaccines.

It’s hard to think of a stance more antithetical to the political convictions of our founders. “No standing armies” was one of the rallying cries of the American Revolution. This strong historical distrust of the military later found expression in the Posse Comitatus law of 1878, still in force.

Archaic as the title of that law sounds, the principle is as relevant today as it was more than a hundred years ago. Martial law is not to be imposed lightly. Recovering an understanding of why the Founders feared the domestic use of the military will be essential if we are to block this new threat to our republic.

The Posse Comitatus law was carefully observed for nearly 80 years, but in 1957 President Eisenhower sent the military to Little Rock, Ark., to quell anti-integration protests, and President Kennedy sent troops to Mississippi and Alabama in the 1960s. In the 1980s and 1990s the erosion of the restrictions on the use of the military accelerated. Under President Reagan, Congress authorized the use of the military’s air and sea power in efforts to control drug smuggling. The Coast Guard served aboard Navy ships to handle the actual boarding and arrest, while the Navy provided intelligence, surveillance and other facilities.

The military later became involved in immigration control, tariff enforcement, civil disturbance riot control, national disasters and crowd control, as in the deployment of 10,000 troops to the 1996 Atlanta Olympics. Coincidentally, perhaps, public esteem for the military rose from a mid-70s low of 25 percent to a peak of 75 percent in 2000. Even after the prison scandals at Abu Ghraib and elsewhere, the military remained in 2005 the most respected institution in the United States.

Not so two hundred years ago. The framers of the U.S. Constitution remembered how British soldiers served as police in 1770. Untrained in police work, the soldiers lost their discipline and fired into a crowd in an incident that came to be called the Boston Massacre. The framers also remembered military abuses such as quartering, which occasionally put British eavesdroppers into the homes of colonial patriots.

Contemporaries then, as now, realized that sometimes upholding the law required more than the local constable. Sometimes the sheriff needed a posse comitatus, or posse, as they say in Western movies. Always, though, the posse was composed of civilians. When the sheriff wanted people with military experience, he called on the militia, weekend warriors as it were, not the full-time military.

When the militia, later the National Guard, served as a posse comitatus it was under civilian authorities, obligated to uphold the Constitution. For 70 years, troops served in police roles, including monitoring the polls to keep drunks and women and other unauthorized voters from voting illegally.

The lead-up to the Posse Comitatus law began in 1854 when Attorney General Caleb Cushing ruled that the soldiers could legitimately serve, and in a military, not a civilian, capacity. After Cushing’s ruling, throughout the Civil War and Reconstruction the Army, not the militia, served as a peacekeeping force in both the West and the South.

The West was short of law enforcers but well stocked with Indians and outlaws. The West was also too far away from Washington, D.C., military headquarters for post commanders to wait for permission to respond to an Indian attack or an outlaw’s rampage. Necessity led military commanders to take the law into their own hands, sometimes at the expense of constitutional niceties. Although justified by exigency, the use of the military as police threatened the Constitution.

The extensive use of the military to quell disturbances and enforce anti-Confederate, pro-black laws in the Reconstruction South was offensive to Southerners who had just lost a war to that same army. Offense became outrage in 1876 when it seemed that Republican Rutherford B. Hayes won the presidency in part because federal troops controlling the polls had rejected likely Democratic voters.

Reacting to the use of the military for partisan political purposes, the Democrat-controlled House of Representatives passed the Posse Comitatus Act. Rejecting 70 years of tradition that allowed troops to be used in civilian roles if they were under civilian authority, the Posse Comitatus Act defined the use of troops as the equivalent of martial law.

Posse Comitatus applied to the Army, Navy and Marines (the Air Force was covered after World War II), and the Reserves. The Coast Guard is exempt, as is the National Guard. The Coast Guard is not under the Department of Defense. The National Guard is historically a state force, similar to the old-time militias, unless federalized by the president. Violation of the Posse Comitatus Act is subject to a fine up to $10,000 and/or up to two years in prison.

Each exemption from the Posse Comitatus Act — like the ones proposed now — potentially makes martial law easier to accept. This is especially the case when the public trusts no other institution as much as its military. Martial law suspends civil rights and liberties guaranteed by the Constitution. A military commander may declare that civil courts and police are not functioning and impose military law. The commander may order curfews, seize private property and prohibit constitutionally guaranteed rights to speech and assembly. Those charged will lack due process guarantees such as the right to appeal when tried and are imprisoned under the military rather than the civilian court system. Just such abuses led to the enactment of Posse Comitatus.

Although Congress must prescribe what the military can be used for, the president may override restrictions in event of war, insurrection or “other serious emergency.”

With a president who seems to prefer using the military rather than any other arm of the executive, regardless of circumstance, we need protection from military interference today as much as ever. With all due respect, the president and those who support using the army in time of domestic disturbance like that of the Gulf Coast last month are wrong.

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How Scary Is This?

    The White House is sweating out the possibility that one or more top officials will soon be indicted on criminal charges. But the Bush administration is immune to prosecution for its greatest offense – its colossal and profoundly tragic incompetence.

    Lawrence Wilkerson, a retired Army colonel who served as chief of staff to Secretary of State Colin Powell, addressed the administration’s arrogance and ineptitude in a talk last week that was astonishingly candid by Washington standards.

    “We have courted disaster in Iraq, in North Korea, in Iran,” said Mr. Wilkerson. “Generally, with regard to domestic crises like Katrina, Rita … we haven’t done very well on anything like that in a long time. And if something comes along that is truly serious, something like a nuclear weapon going off in a major American city, or something like a major pandemic, you are going to see the ineptitude of this government in a way that will take you back to the Declaration of Independence.”

    The investigation of Karl Rove, Scooter Libby et al. is the most sensational story coming out of Washington at the moment. But the story with the gravest implications for the U.S. and the world is the overall dysfunction of the Bush regime. This is a bomb going “Tick, tick, tick . . .” What is the next disaster that this crowd will be unprepared to cope with? Or the next lunatic idea that will spring from its ideological bag of tricks?

    Mr. Wilkerson gave his talk before an audience at the New America Foundation, an independent public policy institute. On the all-important matter of national security, which many voters had seen as the strength of the administration, Mr. Wilkerson said:

    “The case that I saw for four-plus years was a case that I have never seen in my studies of aberrations, bastardizations, perturbations, changes to the national security decision-making process. What I saw was a cabal between the vice president of the United States, Richard Cheney, and the secretary of defense, Donald Rumsfeld, on critical issues that made decisions that the bureaucracy did not know were being made.”

    When the time came to implement the decisions, said Mr. Wilkerson, they were “presented in such a disjointed, incredible way that the bureaucracy often didn’t know what it was doing as it moved to carry them out.”

    Where was the president? According to Mr. Wilkerson, “You’ve got this collegiality there between the secretary of defense and the vice president, and you’ve got a president who is not versed in international relations and not too much interested in them either.”

    One of the consequences of this dysfunction, as I have noted many times, is the unending parade of dead or badly wounded men and women returning to the U.S. from the war in Iraq – a war that the administration foolishly launched but now does not know how to win or end.

    Mr. Wilkerson was especially critical of the excessive secrecy that surrounded so many of the most important decisions by the Bush administration, and of what he felt was a general policy of concentrating too much power in the hands of a small group of insiders. As much as possible, government in the United States is supposed to be open and transparent, and a fundamental principle is that decision-making should be subjected to a robust process of checks and balances.

    While not “evaluating the decision to go to war,” Mr. Wilkerson told his audience that under the present circumstances “we can’t leave Iraq. We simply can’t.” In his view, if American forces were to pull out too quickly, the U.S. would end up returning to the Middle East with “five million men and women under arms” within a decade.

    Nevertheless, he is appalled at the way the war was launched and conducted, and outraged by “the detainee abuse issue.” In 10 years, he said, when this matter is “put to the acid test, ironed out, and people have looked at it from every angle, we are going to be ashamed of what we allowed to happen.”

    Mr. Wilkerson said he has taken some heat for speaking out, but feels that “as a citizen of this great republic,” he has an obligation to do so. If nothing is done about the current state of affairs, he said, “it’s going to get even more dangerous than it already is.”

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The White House Cabal

The White House Cabal

By Lawrence B. Wilkerson, Los Angeles Times, October 25, 2005

LAWRENCE B. WILKERSON served as chief of staff to Secretary of State Colin L. Powell from 2002 to 2005.

IN PRESIDENT BUSH’S first term, some of the most important decisions about U.S. national security — including vital decisions about postwar Iraq — were made by a secretive, little-known cabal. It was made up of a very small group of people led by Vice President Dick Cheney and Defense Secretary Donald Rumsfeld.

When I first discussed this group in a speech last week at the New America Foundation in Washington, my comments caused a significant stir because I had been chief of staff to then-Secretary of State Colin Powell between 2002 and 2005.

But it’s absolutely true. I believe that the decisions of this cabal were sometimes made with the full and witting support of the president and sometimes with something less. More often than not, then-national security advisor Condoleezza Rice was simply steamrolled by this cabal.

Its insular and secret workings were efficient and swift — not unlike the decision-making one would associate more with a dictatorship than a democracy. This furtive process was camouflaged neatly by the dysfunction and inefficiency of the formal decision-making process, where decisions, if they were reached at all, had to wend their way through the bureaucracy, with its dissenters, obstructionists and “guardians of the turf.”

But the secret process was ultimately a failure. It produced a series of disastrous decisions and virtually ensured that the agencies charged with implementing them would not or could not execute them well.

I watched these dual decision-making processes operate for four years at the State Department. As chief of staff for 27 months, I had a door adjoining the secretary of State’s office. I read virtually every document he read. I read the intelligence briefings and spoke daily with people from all across government.

I knew that what I was observing was not what Congress intended when it passed the 1947 National Security Act. The law created the National Security Council — consisting of the president, vice president and the secretaries of State and Defense — to make sure the nation’s vital national security decisions were thoroughly vetted. The NSC has often been expanded, depending on the president in office, to include the CIA director, the chairman of the Joint Chiefs of Staff, the Treasury secretary and others, and it has accumulated a staff of sometimes more than 100 people.

But many of the most crucial decisions from 2001 to 2005 were not made within the traditional NSC process.

Scholars and knowledgeable critics of the U.S. decision-making process may rightly say, so what? Haven’t all of our presidents in the last half-century failed to conform to the usual process at one time or another? Isn’t it the president’s prerogative to make decisions with whomever he pleases? Moreover, can he not ignore whomever he pleases? Why should we care that President Bush gave over much of the critical decision-making to his vice president and his secretary of Defense?

Both as a former academic and as a person who has been in the ring with the bull, I believe that there are two reasons we should care. First, such departures from the process have in the past led us into a host of disasters, including the last years of the Vietnam War, the national embarrassment of Watergate (and the first resignation of a president in our history), the Iran-Contra scandal and now the ruinous foreign policy of George W. Bush.

But a second and far more important reason is that the nature of both governance and crisis has changed in the modern age.

From managing the environment to securing sufficient energy resources, from dealing with trafficking in human beings to performing peacekeeping missions abroad, governing is vastly more complicated than ever before in human history.

Further, the crises the U.S. government confronts today are so multifaceted, so complex, so fast-breaking — and almost always with such incredible potential for regional and global ripple effects — that to depart from the systematic decision-making process laid out in the 1947 statute invites disaster.

Discounting the professional experience available within the federal bureaucracy — and ignoring entirely the inevitable but often frustrating dissent that often arises therein — makes for quick and painless decisions. But when government agencies are confronted with decisions in which they did not participate and with which they frequently disagree, their implementation of those decisions is fractured, uncoordinated and inefficient. This is particularly the case if the bureaucracies called upon to execute the decisions are in strong competition with one another over scarce money, talented people, “turf” or power.

It takes firm leadership to preside over the bureaucracy. But it also takes a willingness to listen to dissenting opinions. It requires leaders who can analyze, synthesize, ponder and decide.

The administration’s performance during its first four years would have been even worse without Powell’s damage control. At least once a week, it seemed, Powell trooped over to the Oval Office and cleaned all the dog poop off the carpet. He held a youthful, inexperienced president’s hand. He told him everything would be all right because he, the secretary of State, would fix it. And he did — everything from a serious crisis with China when a U.S. reconnaissance aircraft was struck by a Chinese F-8 fighter jet in April 2001, to the secretary’s constant reassurances to European leaders following the bitter breach in relations over the Iraq war. It wasn’t enough, of course, but it helped.

Today, we have a president whose approval rating is 38{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} and a vice president who speaks only to Rush Limbaugh and assembled military forces. We have a secretary of Defense presiding over the death-by-a-thousand-cuts of our overstretched armed forces (no surprise to ignored dissenters such as former Army Chief of Staff Gen. Eric Shinseki or former Army Secretary Thomas White).

It’s a disaster. Given the choice, I’d choose a frustrating bureaucracy over an efficient cabal every time.

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VCS Weekly Update: Privacy, Torture and DIA Spying on Americans

October 24, 2005

Dear VCS Members and Supporters:

Veterans for Common Sense last week joined a coalition of privacy-focused organizations in opposition to a $349 million Pentagon database of 12 million Americans of recruitable-age. Much of the data in the database is compiled from commercial sources, such as data broker American Student List LLC. The database violates the Privacy Act in a number of areas.

To find out more about the database and the privacy coalition, follow these links:

Privacy Coalition Letter to Secretary Donald Rumsfeld
http://www.veteransforcommonsense.org/index.cfm?Page=Article&ID=5142

Recruitment Tool Targeted: Privacy-Minded Coalition Seeks to Quash Pentagon Database
http://www.veteransforcommonsense.org/index.cfm?Page=Article&ID=5143

VCS Member Maura Stephens writes this week about torture and why so many in our society don’t see a problem with it. She asks, How can a “civilised society” tolerate the inhumane treatment endured by the people in Abu Ghraib, Guantanamo Bay and other American prisons?

http://www.veteransforcommonsense.org/index.cfm?Page=Article&ID=5166

Unfortunately, even as the electoral process moves forward in Iraq, violence continues to increase. A lengthy article in New York Times Magazine this weekend chronicled a tale of abuse, violence and lack of preparedness for insurgency warfare in Iraq and clearly demonstrates how our own policies in Iraq have made the insurgency much worse.

http://www.veteransforcommonsense.org/index.cfm?Page=Article&ID=5199

Last week the U.S. Senate Select Committee on Intelligence quietly approved a new provision which will exempt the Defense Intelligence Agency from the Freedom of Information Act and allow it to spy on Americans. Ken Sanders, author of the article linked below, points out that under this provision, none of the information which has been released under the ACLU-VCS FOIA lawsuit would have made it to the public.

http://www.veteransforcommonsense.org/index.cfm?Page=Article&ID=5150

Veterans for Common Sense On-line Store

Are you a graphic artist? Do you have a great idea for a bumper sticker or a t-shirt? VCS is seeking creating and interesting ideas! As many of you know, one of the ways VCS continues our work is through the sale of t-shirts, bumper stickers and other items. You can view our existing store (and order) here:

http://www.cafepress.com/vetscommonsense

We’re looking for creative and interesting ideas for items to add to the store to make it more interesting, provocative and ultimately to better support our work. You can help! Send your ideas to contact@veteransforcommonsense.org

We’re a nonpartisan group, and we’re required by law to stay out of politcal races. But that doesn’t mean we can’t be provocative and interesting. If you’ve got interesting ideas for this, send your idea or design today! We’ll post your idea online, and may turn it into an item in our store.

On-Line Events Calendar

If you have an upcoming Veterans Day event, memorial service, or other event that may be of interest to other VCS members, please let us know. To post your event online today, visit:

http://www.veteransforcommonsense.org/calendar.htm

Please Support Our Work

We also ask you to remember that each month, Veterans for Common Sense must pay a lot of bills, just like any other organization. The disasters in the Gulf States and elsewhere have meant that many nonprofit organizations are struggling to survive with far less in donations.

Consequently, we’re thousands of dollars below our expected budget over the last two months. We hope you can help, by making a gift to VCS today.

Find out how at:

http://www.veteransforcommonsense.org/donate.htm

As always, thanks for your support of Veterans for Common Sense.
With highest regards,

Charles Sheehan-Miles
Executive Director

SUSTAINING SUPPORTERS
Sustaining supporters of Veterans for Common Sense make small, monthly contributions to make our work possible. Please consider becoming a sustaining supporter — even small gifts make a big difference in our ability to succeed!
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Veterans for Common Sense
1101 Pennsylvania Ave SE
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202-558-4553

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Goodwill Envoy Hughes Claims Saddam Hussein Gassed ‘hundreds of Thousands’ of Iraqis

Goodwill Envoy Hughes Claims Saddam Hussein Gassed ‘hundreds of Thousands’ of Iraqis

By Chris Brummitt, Associated Press, October 21, 2005

JAKARTA, Indonesia (AP) – U.S. envoy Karen Hughes on Friday defended Washington’s decision to go to war against Iraq in front of a skeptical audience, saying Saddam Hussein had gassed to death “hundreds of thousands” of his own people. A State Department official later said she misspoke about the number.

Hughes, undersecretary of state for public diplomacy, made the comment before a group of Indonesian students who repeatedly attacked her about Washington’s original rationale for the war, Iraq’s alleged weapons of mass destruction. No such arms were ever discovered.

“The consensus of the world intelligence community was that Saddam was a very dangerous threat,” Hughes said days after the ousted dictator went on trial in Baghdad on charges of murder and torture in a 1982 massacre of 148 Shiites in the town of Dujail.

“After all, he had used weapons of mass destruction against his own people,” she told a small auditorium with around 100 students. “He had murdered hundreds of thousands of his own people using poison gas.”

Although at least 300,000 Iraqis are said to have been killed during Saddam’s decades-long rule – only about 5,000 are believed to have been gassed to death in a 1988 attack in the Kurdish north.

Hughes twice repeated the statement after being challenged by journalists. A State Department official later called The Associated Press to say she misspoke. The official, who was traveling with Hughes, spoke on condition of anonymity because the official was not authorized to talk publicly to the media.

Hughes, a longtime adviser to President Bush, was visiting the world’s most populous Muslim nation as part of Washington’s effort to enhance the U.S. image abroad.

Students from Indonesia’s oldest Muslim university pounded her with questions on U.S. foreign policy, in particular the invasions of Iraq and Afghanistan and Washington’s support of Israel.

One said the Sept. 11, 2001, terrorist attacks should be taken as a warning to America for interfering in the affairs of other countries.

“Your policies are creating hostilities among Muslims,” a female student, Lailatul Qadar, told Hughes. “It’s Bush in Iraq, Afghanistan, Palestine and maybe it’s going to be in Indonesia, I don’t know. Who’s the terrorist? Bush or us Muslims?”

Hughes, who has also faced tough questions in Egypt, Saudi Arabia and Turkey since taking up her post two months ago, said she was not surprised by the level of hostility.

“I understand that there are a lot of young people around the world, and a lot of people in our own country, who don’t agree with what we did in Iraq,” she told reporters. “We have to engage in the debate. That is what America is all about.”

Hughes also said the video of alleged desecration of the bodies of Taliban fighters in Afghanistan by U.S. soldiers was “abhorrent.”

“The important thing that the world needs to know is that it is a violation of our policy,” she said.

There has been no public reaction so far in Indonesia to the video, broadcast by Australia’s SBS television network, but clerics in other Islamic nations expressed outrage and warned of a possible violent anti-American backlash.

Indonesia is a moderate Islamic country with significant Christian, Hindu and Buddhist minorities. It has a long tradition of secularism. Many of the 16 students selected to debate with Hughes on stage were women, all in brightly colored headscarves and some in tight jeans.

Anti-American sentiments have risen sharply in Indonesia – seen by Washington as a close ally in the war on terror – since the invasions of Afghanistan and Iraq.

The two countries have had close ties since the mid-1960s when a pro-U.S. military dictatorship seized power in Jakarta. This was replaced by a democratic government in 1999.

Hughes wraps up her three-day visit Saturday with a visit to the tsunami-wracked province of Aceh.

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Another Questionable Election: GAO Reports Serious Voting Machine Problems

GAO Report Finds Flaws in Electronic Voting

Friday 21 October 2005

Rep. Waxman led twelve members of Congress today in releasing a new GAO report that found security and reliability flaws in the electronic voting process.

In a joint press release, Rep. Waxman said, “The GAO report indicates that we need to get serious and act quickly to improve the security of electronic voting machines. The report makes clear that there is a lack of transparency and accountability in electronic voting systems – from the day that contracts are signed with manufacturers to the counting of electronic votes on Election Day. State and local officials are spending a great deal of money on machines without concrete proof that they are secure and reliable.”

The GAO report found flaws in security, access, and hardware controls, as well as weak security management practices by voting machine vendors. The report identified multiple examples of actual operational failures in real elections and found that while national initiatives to improve the security and reliability of electronic voting systems are underway, “it is unclear when these initiatives will be available to assist state and local election authorities.”

Rep. Waxman also released a fact sheet summarizing the report’s key findings.

Fact Sheet

Overall Findings

In October 2005, the Government Accountability Office released a comprehensive analysis of the concerns raised by the increasing use of electronic voting machines.

Overall, GAO found that “significant concerns about the security and reliability of electronic voting systems” have been raised (p. 22).

GAO indicated that “some of these concerns have been realized and have caused problems with recent elections, resulting in the loss and miscount of votes” (p. 23).

According to GAO, “election officials, computer security experts, citizen advocacy groups, and others have raised significant concerns about the security and reliability of electronic voting systems, citing instances of weak security controls, system design flaws, inadequate system version control, inadequate security testing, incorrect system configuration, poor security management, and vague or incomplete standards, among other issues. … The security and reliability concerns raised in recent reports merit the focused attention of federal, state, and local authorities responsible for election administration” (p. 22-23).

Specific Problems Identified by GAO

Based on reports from election experts, GAO compiled numerous examples of problems with electronic voting systems. These included:

Flaws in System Security Controls

Examples of problems reported by GAO include (1) computer systems that fail to encrypt data files containing cast votes, allowing them to be viewed or modified without detection by internal auditing systems; (2) systems that could allow individuals to alter ballot definition files so that votes cast for one candidate are counted for another; and (3) weak controls that allowed the alteration of memory cards used in optical scan machines, potentially impacting election results. GAO concluded that “these weaknesses could damage the integrity of ballots, votes, and voting system software by allowing unauthorized modifications (p. 25).

Flaws in Access Controls

Examples of problems reported by GAO include (1) the failure to password-protect files and functions; (2) the use of easily guessed passwords or identical passwords for numerous systems built by the same manufacturer; and (3) the failure to secure memory cards used to secure voting systems, potentially allowing individuals to vote multiple times, change vote totals, or produce false election reports.

According to GAO, “in the event of lax supervision, the … flaws could allow unauthorized personnel to disrupt operations or modify data and programs that are crucial to the accuracy and integrity of the voting process” (p. 26).

Flaws in Physical Hardware Controls

In addition to identifying flaws in software and access controls, GAO identified basic problems with the physical hardware of electronic voting machines. Example of problems reported by GAO included locks that could be easily picked or were all controlled by the same keys, and unprotected switches used to turn machines on and off that could easily be used to disrupt the voting process (p. 27).

Weak Security Management Practices by Voting Machine Vendors

Experts contacted by GAO reported a number of concerns about the practices of voting machine vendors, including the failure to conduct background checks on programmers and system developers, the lack of internal security protocols during software development, and the failure to establish clear chain of custody procedures for handling and transporting software (p. 29).

Actual Examples of Voting System Failure

GAO found multiple examples of actual operational failures in real elections. These examples include the following incidents:

In California, a county presented voters with an incorrect electronic ballot, meaning they could not vote in certain races (p. 29).

In Pennsylvania, a county made a ballot error on an electronic voting system that resulted in the county’s undervote percentage reaching 80{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} in some precincts (p. 29-30).

In North Carolina, electronic voting machines continued to accept votes after their memories were full, causing over 4,000 votes to be lost (p. 31).

In Florida, a county reported that touch screens took up to an hour to activate and had to be activated sequentially, resulting in long delays (p. 31).

Current Federal Standards and Initiatives Are Ineffective and Are Unlikely to Provide Solutions in a Timely Fashion

GAO reported that voluntary standards for electronic voting, adopted in 2002 by the Federal Election Commission, have been criticized for containing vague and incomplete security provisions, inadequate provisions for commercial products and networks, and inadequate documentation requirements (pp. 32-33).

GAO further reported that “security experts and some election officials have expressed concern that tests currently performed by independent testing authorities and state and local election officials do not adequately assess electronic voting system security and reliability,” and that “these concerns are amplified by what some perceive as a lack of transparency in the testing process” (p. 34). The GAO report indicated that national initiatives to improve voting system security and reliability of electronic voting systems (such as updated standards from the Election Assistance Commission; federal accreditation of independent testing laboratories; and certification of voting systems to national standards) are underway, but ” a majority of these efforts either lack specific plans for implementation in time to affect the 2006 general election or are not expected to be completed until after the 2006 election” (p. 43). As a result, GAO found that “it is unclear when these initiatives will be available to assist state and local election officials” (p. 43). According to GAO, “Until these efforts are completed, there is a risk that many state and local jurisdictions will rely on voting systems that were not developed, acquired, tested, operated, or managed in accordance with rigorous security and reliability standards – potentially affecting the reliability of future elections and voter confidence in the accuracy of the vote count” (p. 53).

Recommendations:

GAO made several recommendations, primarily aimed at the federal Election Assistance Commission (p. 53). GAO recommended that the EAC should:

Collaborate with appropriate technical experts to define specific tasks, outcomes, milestones, and resource needs required to improve voting system standards;

Expeditiously establish documented policies, criteria, and procedures for certifying voting systems; and

Improve support for state and local officials via improved information dissemination information on voting machine software, the problems and vulnerabilities of voting machines, and the “best practices” used by state and local officials to ensure the security of electronic voting machines.

To view the full report: http://www.democrats.reform.house.gov/Documents/20051021122225-53143.pdf

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Why Torture is OK

Imagine that you are on your way to work, coffee in hand, one December morning when three men in United States military uniforms, armed with guns, approach you. They say your name; you acknowledge it.

One of them slams you in the chest, knocking your briefcase and coffee to the ground, but not before the hot beverage spills on your hand, burning you. The men throw a heavy plastic black hood over your head. You can see nothing. It is very hard to breathe. You are confused and scared out of your mind. You do not have any idea what these men might want. What happened to the quiet day you were expecting? How can you get word to your family? Nobody knows where you are. They will be paralysed with worry.

You are helpless: this cannot be. This is a free country, not a totalitarian state. This is “the greatest country in the world.” Things like this happen in other places, not here. Innocent people are protected here; innocent people are not jailed and abused for no reason, not here.

You are thrown into the back of a pickup truck with a lot of other people. Even through the hood you can smell the fear of others bound and hooded like you. You call out: “This is a mistake! Why am I here? I have done nothing!” You are punched hard in the stomach; it knocks the wind out of you. The truck moves; you are jostled against those next to you.

Eventually the truck stops and you are hauled off, stumbling. You go down hard on one knee because your arms are tied behind you. You are hauled up, twisted by the elbow on your already swollen arm, then herded along with the others; all are quiet except for the occasional cough or sneeze as you shuffle along, prodded in the side occasionally by something sharp and metal, and eventually you hear a huge metal door open. You are tossed inside a room, your hood removed. Your handcuffs are still very tight. Your scalded hand and your bruised knee are throbbing. The other people in the room look as terrified as you are; you count at least thirty-five other prisoners. There is no sink or running water other than one toilet, which already reeks of human excrement and urine.

Soon you are brought in front of a gang of armed men in an office sitting behind a desk. You are made to strip completely naked while being asked questions you don’t understand about people you do know and care about. You cannot answer; you don’t have a clue what the questioners are getting at. They hood and handcuff you again without letting you don even your underwear. Next they force you to crawl a hundred yards and then climb a set of stairs on your knees, naked, your arms behind you, unable to see, struggling for breath the entire time. Your panic is rising, you see no way out.

There is no way out. Over the next five and a half months you are kicked, beaten, stomped, punched, hung backward by your hands, made to go days without sleep, starved, left uncovered in the cold, sprayed with freezing cold water, your teeth chattering so hard you think your brains will simply turn to pulp. Men take turns pissing on you. They poke the barrel of a gun up your anus. They electrocute you. They gleefully pummel your infected hand. They take your photograph as they mock you. Not one of them treats you in any way like a human being. You hold onto your sanity by a thread.

No protection

Put yourself in the position of this prisoner. It could very easily have been you. If you’re a United States citizen, it could still be you in the not-too-distant future. Or it could be someone you love with all your heart, someone you would die to protect.

There is no protection in the current US law for any innocent person who undergoes such treatment. You could be treated thus just for sport, really, and your abusers could claim they “suspect” you of some sort of terrorism, thus leaving them free to do as they will with you, without oversight or accounting.

The story just touched on above is that of at least one man in Abu Ghraib – an innocent man who was tortured and abused at the hands of US military personnel in such unimaginable ways it makes me sick to contemplate them.

His abusers, remember, were liberating his country from an evil dictator. Their commander-in-chief claims to be on the side of good versus evil.

I have spoken to other victims of abuse at the hands of US military in Abu Ghraib and elsewhere. They have similar ghastly tales, and by now there has been enough irrefutable evidence aired in the media that even most US people, with their over-reliance on a few poor “news” sources, are aware that the stories of torture are very real and unspeakably horrifying.

No accountability

I have also spoken to US citizens who think along the same lines as one reader who wrote in response to a brief article I published on a talk by Seymour Hersh, the investigative journalist. The reader stated: “I don’t really have much of a problem with the ‘torture’ [Hersh] uncovered at Abu Ghraib. Throwing hoods over their heads and only letting them sleep a couple of hours at a time is nothing, compared to the fate the victims of 9/11 suffered. Do critics of the military really think you just nicely ask suspected terrorists for information, and they’ll tell you?”

This man, no doubt, loves his parents and his wife and children, and donates to his church and to hurricane victims’ funds. I imagine that in September 2001 he gave money to New York City relief efforts. His friends probably say about him: “He’s a great guy – he’d give you the shirt off his back.”

I wonder how the people of a nation that considers itself the epitome of enlightenment and education, a so-called “civilised society,” can draw such bizarre distinctions and tolerate the inhumane treatment endured by the people in Abu Ghraib and Guantánamo Bay and other US – and probably UK – prisons.

I wonder how. But I must point out that we could not have expected otherwise.

Any time transparency and accountability are eliminated, horrific abuses such as those that finally came to light are absolutely inevitable. The public should not have been so shocked at the revelations of torture by US soldiers. Every soldier I have spoken with quietly attests to the fact that military training by its very nature turns the enemy into subhumans in the minds of those being trained. The problem with this is that it also subverts the humanity of the soldiers.

The US congress and citizenry basically shrugged at the news nearly four years ago that people were being held completely incommunicado, without charges, in Guantánamo Bay, Cuba. They were equally unresponsive to subsequent reports of inhumane treatment of the detainees, who still were not charged. Habeas corpus is the most fundamental of rights, yet nobody seemed to mind that it was being tossed aside “in the interests of national security.”

There was barely a blip in the US media when Human Rights Watch, Amnesty International, and the International Committee of the Red Cross reported in the summer of 2003, while my husband and I were in Iraq and speaking to representatives of these groups who were monitoring prisons, that abuses and torture were going on in that country. So we should not have been the least bit surprised at the revelations of gross torture – and murder – at Abu Ghraib.

Yet this kind of abuse of human rights goes against everything I thought the United States stood for, and I believe most Americans still think the United States stands for. Most Americans have been rather meek and accepting as the Bush administration has made such abuse of human rights and hostility toward international treaties into standard operating procedure.

This administration has answered to nobody – not even the American people, its ostensible boss. It has done business as it sees fit, ignoring solemn international agreements with impunity while demanding compliance by other countries, and putting itself above every law, including many that were crafted by the United States in partnership with other nations. And this administration is not guilty of benign neglect in the mistreatment of its prisoners; it actually institutionalised such abuse and endorsed torture as a preferred protocol.

But what kind of “civilised society” could allow such systemised abuse of human beings? What kind of society does the United States want to be? This abhorrent, arrogant abuse of power must be stopped. There is no moral or ethical justification for it. We ourselves are made victims when our government so incapacitates us with terror that we lose our own decency and compassion. We cannot allow such blind, incoherent fear and cold-heartedness to take us over. We cannot allow hatred and ignorance to destroy all the good that we claim to have in abundance. We cannot devolve into beasts. Yet that is what happens when we allow ourselves to behave in such subhuman ways.

How can it be that the members of congress of the United States do not have the most basic, decent humanity to realise that the abuse our military personnel have perpetrated against prisoners is an abomination when it is carried out on anyone, including “other” (non-US) people? At the very least US lawmakers can justify eliminating such practices because they put their “own” soldiers and citizens in harm’s way. Ignoring the carefully conceived Geneva Conventions and ducking possibly legitimate accusations of war crimes is the kind of behaviour that the USA would normally point to as an indication of tyranny under someone else’s rule. And without a doubt the US administration’s disdain and disregard for international treaties that protect prisoners of war places captured US soldiers and civilians in both current and future wars at much greater risk: if we don’t protect their human rights and dignity, why should they give a damn about ours?

No defence

The man at the top of this story is Hajji Ali, whose image is in the photos we’ve all seen by now of a hooded prisoner standing on a box attached to electrocution wires. He insists that he is innocent of any wrongdoing whatsoever, and he believes that “99{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} of the prisoners in Abu Ghraib” with him are also innocent of any connection to attacks against US military personnel. He is now telling his story and working to help other abused prisoners.

His story took place in Baghdad, at the time a protectorate of the United States, but it could just as easily have happened in Miami, Florida, or Hoboken, New Jersey, or Flagstaff, Arizona. Similar stories do happen daily in US prisons, where nobody suffers consequences for abusing inmates.

Torturers torture because they can, because they see nothing wrong with it. Just like abusive men find nothing wrong with beating their women and children. Torture is tolerated because the majority of US society seems to believe, like the reader who “doesn’t really have much of a problem with the ‘torture’”, that such actions are acceptable and necessary to weed out the “evil ones.”

The United States is being ruled by a man who believes that he is on a divine mission, and he cannot be held accountable to anyone. Apparently the abuse and torture of any number of innocents is a forgivable offence in the eyes of his God and the God of his fellow believers.

——————————

Special thanks to Hajji Ali and to Jon Brown and Raid Abdul-Jabar for their reporting.

Please visit and sign up for the Education for Peace in Iraq Center’s Anti-Torture Campaign

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Expanding Iraq War into Syria is lunacy

AS I suspected six months ago, and U.S. military and Bush Administration civilian officials confirmed, U.S. forces have invaded Syria and engaged in combat with Syrian forces.

An unknown number of Syrians are acknowledged to have been killed; the number of Americans – if any – who have died so far has not yet been revealed by the U.S. sources, who, by the way, insist on remaining faceless and nameless.

The parallel with the Vietnam War, where a Nixon administration deeply involved in a losing war expanded the conflict – fruitlessly – to neighboring Cambodia, is obvious. The result was not changed in Vietnam; Cambodia itself was plunged into dangerous chaos which climaxed in the killing fields, where an estimated 1 million Cambodians died as a result of internal conflict.

On the U.S. side, no declaration of war preceded the invasion of Syria, in spite of the requirements of the War Powers Act of 1973. There is no indication that Congress was involved in the decision to go in. If members were briefed, none of them has chosen to share that important information with the American people.

Presumably, the Bush Administration’s intention is simply to add any casualties of the Syrian conflict to those of the war in Iraq, which now stand at 1,970. The financial cost of expanding the war to Syria would also presumably be added to the cost of the Iraq war, now estimated at $201 billion.

The Bush Administration would claim that it is expanding the war in Iraq into Syria to try to bring it to an end, the kind of screwy non-logic that kept us in Vietnam for a decade and cost 58,193 American lives.

Others would see the attacks in Syria as a desperate political move on the part of an administration with its back against the wall, with an economy plagued by inflation, the weak response to Hurricane Katrina, investigations of senior executive and legislative officials, and the bird flu flapping its wings on the horizon. The idea, I suppose, is to distract us by an attack on Syria, now specifically targeted by U.S. Ambassador to Iraq Zalmay Khalilzad.

And then there is the tired old United Nations. An invasion by one sovereign member, the United States, of the territory of another sovereign member (Syria), requires U.N. Security Council action.

Some observers have argued that destabilizing Syria, creating chaos there, even bringing about regime change from President Bashar Assad, would somehow improve Israel’s security posture in the region. The argument runs that Saddam Hussein’s Iraq was the biggest regional threat to Israel; Mr. Assad’s Syria is second. The United States got rid of Saddam; now it should get rid of the Assad regime in Damascus.

The trouble with that argument, whether it is made by Americans or Israelis, is that, in practice, it depends on the validity of the premise that chaos and civil war – the disintegration of the state – in Iraq and Syria are better for Israel in terms of long-term security than the perpetuation of stable, albeit nominally hostile, regimes.

The evidence of what has happened in Iraq since the U.S. invasion in early 2003 is to the contrary. Could anyone argue that Israel is made safer by a burning conflict in Iraq that has now attracted Islamic extremist fighters from across the Middle East, Europe, and Asia? Saddam’s regime was bad, but this is a good deal worse, and looks endless.

Is there any advantage at all to the United States, or to Israel, in replicating Iraq in Syria?

For that is what is at stake. Syria in its political, ethnic, and religious structure is very similar to Iraq. Iraq, prior to the U.S. bust-up, was ruled by a Sunni minority, with a Shiite majority and Kurdish and Christian minorities. Syria is ruled by an Alawite minority, with a Sunni majority and Kurdish and Christian minorities. That is the structure, not unlike many states in the Middle East, that the Bush Administration is in the process of hacking away at.

It seems utterly crazy to me.

One could say, “Interesting theory; let’s play it out,” if it weren’t for the American men and women, not to mention the Iraqis and now Syrians, dying in pursuit of that policy.

What needs to be done now is for the Congress, and through them, the American people, the United Nations, and America’s allies, the ones who are left, to have the opportunity to express their thoughts on America’s expanding the Iraq war to Syria.

A decision to invade Syria is not a decision for Mr. Bush, heading a beleaguered administration, to make for us on his own.

Dan Simpson, a retired diplomat, is a member of the editorial boards of The Blade and Pittsburgh Post-Gazette.

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Afghanistan: Abuse Charges at Bad Time for White House

Allegations that U.S. soldiers in Afghanistan burned the bodies of Taliban fighters couldn’t have come at a worse time for the Bush administration, already fighting legislation in Congress that would impose standards on the Pentagon’s treatment of detainees.

Lurid television pictures of the incident also may further tarnish the U.S. image in the Middle East.

Senate Republicans said the alleged U.S. troop participation goes to the heart of why Congress must pass legislation to standardize techniques used in the detention, interrogation and prosecution of detainees in the war on terrorism.

“This is a very, very serious problem,” said Sen. John Warner, R-Va., and the chairman of the Senate Armed Services Committee. If U.S. troops were, in fact, involved, he said, a question must be answered: “What was the command and control that allowed this situation to happen?”

The video, purportedly showing U.S. soldiers scorching bodies of two dead Taliban fighters in the hills near the former Taliban stronghold of Kandahar, surfaced as the White House renewed efforts to kill or weaken the detainee legislation. The administration claims it could tie the president’s hands during wartime.

Underscoring the stakes, Vice President Dick Cheney met Thursday with Sen. John McCain, R-Ariz., in the Capitol and suggested alternative language, according to people with knowledge of the meeting. They spoke on the condition of anonymity because the meeting was private.

It was the third time Cheney has discussed the detainee issue in person with McCain, a former prisoner of war in Vietnam who sponsored the legislation.

McCain said the fresh abuse allegations serve as “another argument to make sure that our men and women in the military know exactly what the parameters are for what they can and cannot do in regards to prisoners.”

The intra-party fight over the legislation and the new abuse claims come at a tenuous political time for the president.

His poll numbers have been dragged down by sluggish public support for the Iraq war and high gas prices, conservatives are in an uproar over his choice of Harriet Miers for the Supreme Court and the president’s top aides figure prominently in the investigation of the leak of a CIA operative’s identity.

“This is devastating,” Stephen Hess, political analyst at George Washington University, said of the video.

In the midst of a public diplomacy campaign to repair the U.S. image abroad, the Bush administration on Thursday tried to stem the fallout from the fresh abuse allegations as Islamic clerics expressed outrage and warned of a possible violent anti-American backlash.

The U.S. military declared the abuse “repugnant” and vowed to investigate, while the State Department directed U.S. embassies to say the actions don’t reflect American values.

State Department spokesman Sean McCormack called the allegations “very serious” and, if true, “very troubling.” Pentagon spokesman Bryan Whitman said that burning bodies “is not anywhere close to our standard operating procedure. It’s not something that is consistent with their procedures.”

Lawmakers said even the perception of abuse could further hurt the world view of the United States, already marred by the Abu Ghraib prison abuse scandal in Iraq and claims of mistreatment of terrorism suspects at the Navy’s Guantanamo Bay jail.

“This will sort of reopen wounds that may have been partially closing in regard to the previous scandals,” Michael O’Hanlon, a foreign policy analyst at the Brookings Institution, said.

Claims of torture and abuse by U.S. troops at those two facilities prompted McCain, Warner and others to draft the detainee legislation.

The White House staunchly opposed the effort, and worked with Senate Republican leaders on alternative language for the legislation right up until the Senate voted on it earlier this month. House and Senate aides say that effort was dropped when it became clear the legislation had overwhelming support.

Ignoring a veto threat, the Senate voted 90-9 to ban the use of cruel, inhumane and degrading treatment of prisoners and to require U.S. service members to follow the Army Field Manual when imprisoning and questioning suspects in the war on terrorism. Senators added McCain’s legislation to a $445 billion defense spending bill.

The House did not include the detainee legislation in its version of the spending bill, and House-Senate negotiators will meet in coming weeks to write a final bill.

Support for the detainee legislation among those negotiators is shaky.

Top House Republicans have signaled that they will try to weaken the language in part because the White House threatened a veto. In recent days, the White House has been circulating alternative language.

However, the new allegations of abuse could pressure House-Senate negotiators to retain the measure as the Senate passed it.

In the meantime, McCain is reaching out to negotiators. Last week, he sent copies of the Army Field Manual to each of them along with letters of support from former Secretary of State Colin Powell and other retired military leaders.

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Spanish Judge Issues Warrant for Three GIs on Charges of Killing Reporter in Iraq

Spanish Judge Issues Warrant for Three GIs on Charges of Killing Reporter in Iraq

By THE ASSOCIATED PRESS, Filed at 10:29 p.m. ET, October 19, 2005

MADRID, Spain (AP) — A judge has issued an international arrest warrant for three U.S. soldiers whose tank fired on a Baghdad hotel during the Iraq war, killing a Spanish journalist and a Ukrainian cameraman, a court official said Wednesday.

Judge Santiago Pedraz issued the warrant for Sgt. Shawn Gibson, Capt. Philip Wolford and Lt. Col. Philip de Camp, all from the U.S. 3rd Infantry, which is based in Fort Stewart, Ga.

Jose Couso, who worked for the Spanish television network Telecinco, died April 8, 2003, after a U.S. army tank crew fired a shell on Hotel Palestine in Baghdad where many journalists were staying to cover the war.

Reuters cameraman Taras Protsyuk, a Ukrainian, also was killed.

Pedraz had sent two requests to the United States — in April 2004 and June 2005 — to have statements taken from the suspects or to obtain permission for a Spanish delegation to quiz them. Both went unanswered.

He said he issued the arrest order because of a lack of judicial cooperation from the United States regarding the case.

The warrant ‘is the only effective measure to ensure the presence of the suspects in the case being handled by Spanish justice, given the lack of judicial cooperation by U.S. authorities,’ the judge said in the warrant.

The Pentagon had no immediate information and said it was looking into it.

U.S. officials have insisted that the soldiers believed they were being shot at when they opened fire.

Following the Palestine incident, then-Secretary of State Colin Powell said a review of the incident found that the use of force was justified.

In late 2003, the National Court, acting on a request from Couso’s family, agreed to consider filing criminal charges against three members of the tank crew.

Fort Stewart spokeswoman Jennifer Scales said the three no longer are assigned to Fort Stewart or the 3rd Infantry Division.

De Camp, who is now an adjunct mathematics professor at the College of William & Mary in Williamsburg, Va., said three investigations into the incident — two military investigations and one by the Committee to Protect Journalists — had exonerated all three men.

‘We had no clue there were journalists over at that hotel,’ he said. ‘We would not have shot at them.’

The retired officer also said his men were constantly taking risks by letting people get close to their convoy so that they could verify whether they were enemy combatants.

When asked if he would turn himself in, de Camp said, ‘I don’t know, I’ve got to get some legal advice.’

Pilar Hermoso, an attorney for Couso’s family, welcomed the decision, although she recognized that it would be difficult to get the soldiers extradited to Spain, the state news agency Efe reported.

Small protests over the killing have been staged outside the U.S. Embassy in Madrid nearly every month since Couso’s death.

Under Spanish law, a crime committed against a Spaniard abroad can be prosecuted here if it is not investigated in the country where it is committed.

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Associated Press writer Michael Felberbaum in Richmond, Va., contributed to this report.

 

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