Editorial Column: Ten Take Aways from the Bush Years

January 18, 2009 – There’s actually a lot that President-elect Barack Obama can learn from the troubled presidency of George W. Bush. Over the past eight years, I have interviewed President Bush for nearly 11 hours, spent hundreds of hours with his administration’s key players and reviewed thousands of pages of documents and notes. That produced four books, totaling 1,727 pages, that amount to a very long case study in presidential decision-making, and there are plenty of morals to the story. Presidents live in the unfinished business of their predecessors, and Bush casts a giant shadow on the Obama presidency with two incomplete wars and a monumental financial and economic crisis. Here are 10 lessons that Obama and his team should take away from the Bush experience.

1. Presidents set the tone. Don’t be passive or tolerate virulent divisions.

In the fall of 2002, Bush witnessed a startling face-off between National Security Adviser Condoleezza Rice and Defense Secretary Donald H. Rumsfeld in the White House Situation Room after Rumsfeld had briefed the National Security Council on the Iraq war plan. Rice wanted to hold on to a copy of the Pentagon briefing slides, code-named Polo Step. “You won’t be needing that,” Rumsfeld said, reaching across the table and snatching the Top Secret packet away from Rice — in front of the president. “I’ll let you two work it out,” Bush said, then turned and walked out. Rice had to send an aide to the Pentagon to get a bootlegged copy from the Joint Chiefs of Staff.

Bush should never have put up with Rumsfeld’s power play. Instead of a team of rivals, Bush wound up with a team of back-stabbers with long-running, poisonous disagreements about foreign policy fundamentals.

2. The president must insist that everyone speak out loud in front of the others, even — or especially — when there are vehement disagreements.

During the same critical period, Vice President Cheney was urging Secretary of State Colin Powell to consider seriously the possibility that Iraq might be connected to the Sept. 11, 2001, terrorist attacks. Powell found the case worse than ridiculous and scornfully concluded that Cheney had what Powell termed a “fever.” (In private, Powell used to call the Pentagon policy shop run by Undersecretary of Defense Douglas J. Feith, who shared Cheney’s burning interest in supposed ties between al-Qaeda and Iraq, a “Gestapo office.”)

Powell was right to conclude that Saddam Hussein and Osama bin Laden did not work together. But Cheney and Powell did not have this crucial debate in front of the president — even though such a discussion might have undermined one key reason for war. Cheney provided private advice to the president, but he was rarely asked to argue with others and test his case. After the invasion, Cheney had a celebratory dinner with some aides and friends. “Colin always had major reservations about what we were trying to do,” Cheney told the group as they toasted Bush and laughed at Powell. This sort of derision undermined the administration’s unity of purpose — and suggests the nasty tone that can emerge when open debate is stifled by long-running feuds and personal hostility.

3. A president must do the homework to master the fundamental ideas and concepts behind his policies.

The president should not micromanage, but understanding the ramifications of his positions cannot be outsourced to anyone.

For example, Gen. George W. Casey Jr., the commander of the U.S. forces in Iraq in 2004-07, concluded that President Bush lacked a basic grasp of what the Iraq war was about. Casey believed that Bush, who kept asking for enemy body counts, saw the war as a conventional battle, rather than the counterinsurgency campaign to win over the Iraqi population that it was. “We cannot kill our way to victory in Iraq,” Gen. David Petraeus said later. In May 2008, Bush insisted to me that he, of all people, knew all too well what the war was about.

4. Presidents need to draw people out and make sure that bad news makes it to the Oval Office.

On June 18, 2003, before real trouble had developed in Iraq, retired Army Lt. Gen. Jay Garner, the first official to head the Iraqi reconstruction effort, warned Rumsfeld that disbanding the Iraqi army and purging too many former Baath Party loyalists had been “tragic” mistakes. But in an Oval Office meeting with Bush later that day, none of this came up, and Garner reported to a pleased president that, in 70 meetings with Iraqis, they had always said, “God bless Mr. George Bush.” Bush should have asked Garner whether he had any worries — perhaps even kicking Rumsfeld out of the Oval Office and saying something like, “Jay, you were there. I insist on the ground truth. Don’t hold anything back.”

Bush sometimes assumed that he knew his aides’ private views without asking them one-on-one. He made probably the most important decision of his presidency — whether to invade Iraq — without directly asking either Powell, Rumsfeld or Director of Central Intelligence George J. Tenet for their bottom-line recommendations. (Instead of consulting his own father, former president George H.W. Bush, who had gone to war in 1991 to kick the Iraqi army out of Kuwait, the younger Bush told me that he had appealed to a “higher father” for strength.)

5. Presidents need to foster a culture of skepticism and doubt.

During a December 2003 interview with Bush, I read him a quote from his closest ally, British Prime Minister Tony Blair, about the experience of receiving letters from family members of slain soldiers who had written that they hated him. “And don’t believe anyone who tells you when they receive letters like that, they don’t suffer any doubt,” Blair had said.

“Yeah,” Bush replied. “I haven’t suffered doubt.”

“Is that right?” I asked. “Not at all?”

“No,” he said.

Presidents and generals don’t have to live on doubt. But they should learn to love it. “You should not be the parrot on the secretary’s shoulder,” said Marine Gen. James Jones, Obama’s incoming national security adviser, to his old friend Gen. Peter Pace, who was then the chairman of the Joint Chiefs of Staff — a group Jones thought had been “systematically emasculated by Rumsfeld.” Doubt is not the enemy of good policy; it can help leaders evaluate alternatives, handle big decisions and later make course corrections if necessary.

6. Presidents get contradictory data, and they need a rigorous way to sort it out.

In 2004-06, the CIA was reporting that Iraq was getting more violent and less stable. By mid-2006, Bush’s own NSC deputy for Iraq, Meghan O’Sullivan, had a blunt assessment of conditions in Baghdad: “It’s hell, Mr. President.” But the Pentagon remained optimistic and reported that a strategy of drawing down U.S. troops and turning security over to the Iraqis would end in “self-reliance” in 2009. As best I could discover, the president never insisted that the contradiction between “hell” and “self-reliance” be resolved.

7. Presidents must tell the public the hard truth, even if that means delivering very bad news.

For years after the Iraq invasion, Bush consistently offered upbeat public assessments. That went well beyond the infamous “Mission Accomplished” banner that he admitted last Monday had been a mistake. “Absolutely, we’re winning,” the president said during an October 2006 news conference. “We’re winning.” His confident remarks came during one of the lowest points of the war, at a time when anyone with a TV screen knew that the war was going badly. On Feb. 5, 2005, as he was moving up from his first-term role as Rice’s deputy to become national security adviser, Stephen J. Hadley had offered a private, confidential assessment of the problems of Bush’s Iraq-dominated first term. “I give us a B-minus for policy development,” he said, “and a D-minus for policy execution.” The president later told me that he knew that the Iraq “strategy wasn’t working.” So how could the United States be winning a war with a failing strategy?

After 9/11, Bush spoke forthrightly about a war on terror that might last a generation and include other attacks on the U.S. homeland. That straight talk marked the period of Bush’s greatest leadership and highest popularity. A president is strong when he is the voice of realism.

8. Righteous motives are not enough for effective policy.

“I believe we have a duty to free people,” Bush told me in late 2003. I believe that he truly wanted to bring democracy to Afghanistan and Iraq. In preparing his second inaugural address in 2005, for example, Bush told his chief speechwriter, Michael Gerson, “The future of America and the security of America depends on the spread of liberty.” That got the idealistic Gerson so pumped that he set out to produce the foreign policy equivalent of Albert Einstein’s unified field theory of the universe — a 17-minute inaugural address in which the president said that his goal was nothing less than “the ending of tyranny in our world.”

But this high purpose often blinded Bush and his aides to the consequences of this mad dash to democracy. In 2005, for example, Bush and his war cabinet spent much of their time promoting free elections in Iraq — which wound up highlighting the isolation of the minority Sunnis and setting the stage for the raging sectarian violence of 2006.

9. Presidents must insist on strategic thinking.

Only the president (and perhaps the national security adviser) can prod a reactive bureaucracy to think about where the administration should be in one, two or four years. Then detailed, step-by-step tactical plans must be devised to try to get there. It’s easy for an administration to become consumed with putting out brush fires, which often requires presidential involvement. (Ask Obama how much time he’s been spending on the Gaza war.) But a president will probably be judged by the success of his long-range plans, not his daily crisis management.

For example, in the Afghanistan and Iraq wars, the quality of the planning for combat operations ranged from adequate to strong, but far too little attention was devoted to what might come after the fall of the Taliban and the Baath Party. Some critical strategic decisions — to disband the Iraqi army, force Baathists out of government and abolish an initial Iraqi government council — were made on the ground in Iraq, without the involvement of the NSC and the president.

Obama would do well to remember the example of a young Democratic president who was willing to make long-range plans. Bill Clinton began his presidency in 1993 after having promised to cut the federal deficit in half in four years. The initial plan looked shaky, and Clinton took a lot of heat for more than a year. But he and his team stuck to their basic strategy of cutting federal spending and raising taxes, which laid a major part of the foundation of the economic boom of the Clinton era. It was classic strategic planning, showing a willingness to pay a short-term price for the sort of long-term gains that go down in the history books.

10. The president should embrace transparency. Some version of the behind-the-scenes story of what happened in his White House will always make it out to the public — and everyone will be better off if that version is as accurate as possible.

On March 8, 2008, Hadley made an extraordinary remark about how difficult it has proven to understand the real way Bush made decisions. “He will talk with great authority and assertiveness,” Hadley said. ” ‘This is what we’re going to do.’ And he won’t mean it. Because he will not have gone through the considered process where he finally is prepared to say, ‘I’ve decided.’ And if you write all those things down and historians get them, [they] say, ‘Well, he decided on this day to do such and such.’ It’s not true. It’s not history. It’s a fact, but it’s a misleading fact.”

Presidents should beware of such “misleading facts.” They should run an internal, candid process of debate and discussion with key advisers that will make sense when it surfaces later. This sort of inside account will be told, at least in part, during the presidency. But the best obtainable version will emerge more slowly, over time, and become history.

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Letter to the Editor: End Stigma Against PTSD Among our Soldiers and Veterans

January 14, 2009 – Re “Purple Heart Is Ruled Out for Traumatic Stress” (front page, Jan. 8):

The Pentagon’s decision to not consider soldiers with disabling battle-inflicted stress disorders for the Purple Heart needs rethinking.

Surely every soldier in good standing deserves the right to at least be considered for special honors. Many of these men and women have shown extraordinary courage and sacrifice on the battlefields of Iraq and Afghanistan. Many have returned home after multiple tours of duty to confront a severe shortage of treatment programs for their disabling symptoms of stress. That suicide has become the only escape for thousands is a national disgrace.

The filmmaker Dan E. Weisburd has used the phrase “another kind of valor” to describe the men and women in the Iraq and Afghanistan conflicts whose lives have been derailed by traumatic stress.

The public needs more understanding of the seriousness and dangers of these disorders. It is discouraging that the Pentagon has not recognized this need.

The Purple Heart ruling seems intended to discriminate against the 300,000 or more service members suffering from post-traumatic stress disorder and to stigmatize them with dismissive references to their battle-acquired disabilities.

Jean Arnold
Co-founder and Chairwoman
National Stigma Clearinghouse
New York, Jan. 8, 2009

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Editorial Column: What is NSA’s General Hayden Hiding?

January 15, 2009 – Outgoing CIA Director Michael Hayden is going around town telling folks he has warned President-elect Barack Obama “personally and forcefully” that if Obama authorizes an investigation into controversial activities like waterboarding, “no one in Langley will ever take a risk again.”

Upon learning this from what we former intelligence officers used to call an “A-1 source” (completely reliable with excellent access to the information), the thought that came to me in the face of such chutzpah was from Cicero’s livid oration against the Roman usurper Cataline: “Quousque, tandem, abutere, Catalina, patientia nostra!” – or “How long, at last, O Cataline, will you abuse our patience!”

Cicero had had enough. And so, apparently, has Obama, who has been confirmed once again of the wisdom of his vote against Hayden’s becoming CIA director.

It was striking that Obama did not even mention Hayden on Jan. 9, when the President-elect formally named Leon Panetta as his choice to run the CIA and Dennis Blair to be director of national intelligence.

Obama did announce that Mike McConnell, whom Blair will replace after he is confirmed, has been given a sinecure/consolation prize – a seat on the President’s Foreign Intelligence Advisory Board. Hayden, an Air Force general, should be given a seat in the military prison in Leavenworth (see below).

It is not only a bit cheeky, but more than a little disingenuous that Hayden should think to advise Obama “personally and forcefully” against investigating illegal activities authorized by President George W. Bush, since Hayden himself might already be described as an unindicted co-conspirator based on publicly available information.

Hayden has loudly bragged about the crimes in which he was directly involved, and defended others, like what he has called “high-end” interrogation techniques – waterboarding, for example.

Could it be clearer? “Waterboarding is torture,” said President-elect Obama last Sunday to George Stephanopoulos. Torture is a crime. Obama added, twice, that no one is “above the law,” although also citing his “belief that we need to look forward as opposed to looking backward.”

Despite the President-elect’s equivocations, it seems that President Bush and the current CIA director may have a problem. And apparently Hayden’s palms are sweaty enough to warrant, in his view, a thinly veiled threat.

In the outrage category, that threat/warning goes well beyond chutzpah. What an insult to my former colleagues at the CIA to suggest that they lack the integrity to fulfill their important duties in consonance with the law; that they would treat the new President like a substitute teacher!

Assessing Hayden

“Should have been court-martialed” was the judgment of the late Gen. Bill Odom about Hayden when Odom was interviewed on Jan. 4, 2006 by George Kenney, a former Foreign Service officer and now producer of “Electronic Politics.”  And President Bush “should be impeached,” added Odom with equal fury.

Odom ruled out discussing during the interview the warrantless eavesdropping that had been revealed by the New York Times just a few weeks earlier. In a memorandum about the conversation, Kenney opined that Odom appeared so angry that he realized that if he started discussing the still-classified issue, he would not be able to control himself.

Why was Gen. Odom so angry?

Because he, like all uniformed officers, took an oath to protect and defend the Constitution of the United States against all enemies, foreign and domestic; because he took that oath seriously; and because, as head of the National Security Agency from 1985 to 1988, he did his best to ensure that all employees strictly observed NSA’s “first commandment” – Thou Shalt Not Eavesdrop on Americans Without a Court Warrant.

Also disappointed was former NSA Director Admiral Bobby Ray Inman, who led NSA from 1977 to 1981 and was one of the country’s most highly respected senior managers of intelligence and an author of the Foreign Intelligence Surveillance Act (FISA) of 1978.

At a public discussion at the New York Public Library on May 8, 2006, Inman took strong issue with Hayden’s flouting of FISA:

“There clearly was a line in the FISA statutes which says you couldn’t do this,” said Inman.  He went on to call specific attention to an “extra sentence put in the bill that said, ‘You can’t do anything that is not authorized by this bill.'”

Inman spoke proudly of the earlier ethos at NSA, where “it was deeply ingrained that you operate within the law and you get the law changed if you need to.”

Hayden the Martinet

In contrast, Michael Hayden, who was NSA director from 1999 to 2005, chose to salute when ordered by Vice President Dick Cheney to create and implement an aggressive NSA program skirting the strict legal restrictions of FISA.

Hayden then proceeded to do the White House’s bidding in conning the invertebrates posing as leaders of the Senate and House intelligence “oversight” (more accurately – “overlook”) committees.

Sen. Jay Rockefeller is a sorry example of the fox co-opted by the hens. There is precious little the administration and intelligence community did not get away with under his feckless tutelage of the Senate intelligence overlook committee.

For a discussion of how politicians like Rockefeller and other intelligence “overseers” work hand-in-hand with the folks they are supposed to be overseeing, see “Jay Rockefeller Awarded Intelligence Public Service Medal: For Telecom and Torture Immunity?”

Rockefeller famously sent a handwritten note to Cheney expressing some misgivings about warrantless eavesdropping, but then misplaced the copy he had squirreled away in his safe.

Cheney ridiculed him recently on TV, revealing that Rockefeller recently asked him if he could please make him another copy and send it to him.

In December 2005, when the NSA program of warrantless eavesdropping hit the press, Hayden agreed to play point man on handling the smoke and mirrors. Small wonder that the White House later deemed him the perfect man to head the CIA.

A whiff of conscience showed through during Hayden’s nomination hearing, though, when he flubbed the answer to what was supposed to be a soft, fat pitch from administration loyalist, Sen. Kit Bond, R-Missouri, now vice-chair of the Senate intelligence overlook committee:

“Did you believe that your primary responsibility as director of NSA was to execute a program that your NSA lawyers, the Justice Department lawyers, and White House officials all told you was legal, and that you were ordered to carry it out by the President of the United States?”

Instead of the simple “Yes” that had been scripted, Hayden paused and spoke rather poignantly – and revealingly:

“I had to make this personal decision in early October 2001, and it was a personal decision…I could not not do this.”

Why should it have been such an enormous personal decision whether or not to obey a White House order? No one asked Hayden, but it requires no particular acuity to figure it out.

This is a military officer who, like the rest of us, swore to defend the Constitution of the United States against all enemies, foreign and domestic; a military man well aware that one must never obey an unlawful order; and an NSA director totally familiar with the FISA restrictions.

That, it seems clear, is why Hayden found it a difficult personal decision.

Did the new, post-9/11 “paradigm” – created by then-White House counsel Alberto Gonzales and Cheney’s lawyer David Addington – trump the Constitution?

Was not illegal electronic surveillance a key part of the second article of impeachment against President Richard Nixon, approved by a 28 to 10 bipartisan House Judiciary Committee vote less than two weeks before Nixon resigned?

No American, save perhaps Admiral Inman and Gen. Odom, knew the FISA law better than Hayden. Nonetheless, in his testimony, Hayden conceded that he did not even require a written legal opinion from NSA lawyers as to whether the new, post-9/11 comprehensive surveillance program, to be implemented without court warrants and without adequate consultation in Congress, could pass the smell test.

Hayden said he sought an oral opinion from then-NSA general counsel Robert L. Deitz, whom Hayden has now brought over to CIA as a “trusted aide.”

In the fall of 2007, Hayden launched Deitz on an investigation of the CIA’s own statutory Inspector General, who had made the mistake of being too diligent in investigating abuses like torture. Enough said.

Hayden Comfortable With Torture

As the Senate Armed Services Committee has now confirmed, President Bush, by executive order of Feb. 7, 2002, gave carte blanche to torture. That was four years before Hayden was confirmed as CIA director.

But when asked to be chief apologist for abusive torture techniques, Hayden again saluted. And after nearly two years as chief of CIA, Hayden confirmed (on Feb. 5, 2008) that, in 2002-03, “9/11 mastermind” Khalid Sheikh Mohammed and two other “high-value” detainees had been waterboarded.

Waterboarding, an extreme form of interrogation going back at least as far as the Spanish Inquisition, has been condemned as torture by just about everyone – except the legal experts of the Bush administration, including Attorney General Michael Mukasey, who is still having trouble making up his mind on this issue – for reasons that should be abundantly clear.

Oddly, Mukasey is on record as saying that waterboarding would be torture if applied to him. And National Intelligence Director Mike McConnell told Lawrence Wright of the New Yorker magazine, “Whether it is torture by anybody else’s definition, for me it would be torture.”

McConnell then let the cat out of Mukasey’s bag, saying, “If it is ever determined to be torture, there will be a huge penalty to be paid for anyone engaging in it.”

It is a safe bet that this would be an extreme embarrassment, at least, for anyone in charge of an agency engaged in torture. Small wonder that Hayden has now summoned the chutzpah to warn the incoming President against launching an investigation into such matters.

Former CIA head George “we-do-not-torture” Tenet who – with the President’s Feb. 7, 2002, executive order in hand – was responsible for implementing torture policies, has evidenced some unease regarding the possibility that he might be held to account for taking liberties with national and international law.

Tenet included these telling sentences in his memoir:

“We were asking for and we would be given as many authorities as CIA ever had. Things could blow up. People, me among them, could end up spending some of the worst days of our lives justifying before congressional overseers our new freedom to act.” (At the Center of the Storm, p. 177-178)

Protesting Too Much

As the torture revelations piled up, Hayden again went front and center defending waterboarding and offering pitiable excuses for the destruction of tapes of the interrogation of high-value detainees, including Khalid Sheikh Mohammed.

On Fox News last June, for example, Hayden insisted that after 9/11, “it was the collective judgment of the American government that these techniques would be appropriate and lawful,” including waterboarding, which he referred to as a “high-end interrogation technique.”

Hayden protested, “Now, if you ask me was it lawful, the answer is absolutely.”

He went on to explain, “Literally thousands of Americans” have been waterboarded in training, and he suggested that this experience provided “a body of knowledge as to what the transient and permanent effects would be.”

Hayden made it clear that he was prepared to instruct his torturers to waterboard again, if the President ordered it.

Never mind that all those folks waterboarded in training knew it would stop as soon as they cried Uncle; never mind that the “technique” is among the most iconic and notorious forms of torture, for which American officers as well as Japanese and Germans have been prosecuted and convicted; never mind Hayden’s dubious claims that valuable intelligence has been gotten through waterboarding.

And never mind the crystal-clear observation made on Sept. 6, 2006, by Lt. Gen. John Kimmons, head of U.S. Army intelligence: “No good intelligence is going to come from abusive practices. I think history tells us that. I think the empirical evidence of the last five years, hard years, tells us that.”

Chalk it up to my bias – and my experience as an Army intelligence officer – but I’ll take Kimmons’s word over any blue-suited desk jockey – no matter how many stars on the shoulder of the latter.

Sanctimonious Sam

What brings up Cicero’s outrage again is the aura of sanctity with which Michael Hayden has attempted to envelop himself. His blind fealty in implementing and then defending the administration’s defiance of the law on eavesdropping made him well qualified, in the administration’s eyes, for the job of CIA director.

And Hayden gave every evidence of eagerness to be in charge of waterboarding and other “high-end” interrogation techniques.

Hayden likes to brag about his moral training and Catholic credentials. At his nomination hearing, for example, he noted that he was the beneficiary of 18 years of Catholic education.

That set me to counting my own years of Catholic education – only 17.  Seems I missed the course on “Ethical High-End Interrogation Techniques.”

The sooner Hayden is gone (likely to join the Fawning Corporate Media channels as an expert commentator, and to warm some seats on defense-industry corporate boards) the better. His credentials would appear quite good for that kind of work.
 
Quousque, tandem, abutere, Hayden, patientia nostra!

Ray McGovern works with Tell the Word, the publishing arm of the ecumenical Church of the Saviour in inner-city Washington. He was a CIA analyst for 27 years and is on the Steering Group of Veteran Intelligence Professionals for Sanity (VIPS).

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Murray Calls for Change of Culture at VA During Confirmation Hearing for New Veterans Secretary

January 14, 2009 – Murray invites Secretary-Designate Shinseki to visit Washington state veterans facilities

Calls for proactive approach to meeting long-term challenges, better care for women veterans, and warns against increased fees and co-pays for veterans

Listen Now:
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·         Senator Murray’s Opening Statement  

·         Senator Murray asks about changing the culture at the VA

·         Senator Murray asks about improving care for female veterans and invites Secretary-Designate Shinseki to visit VA facilities in Washington state

(Washington, D.C.) – Today, U.S. Senator Patty Murray (D-WA) questioned Retired General Eric Shinseki, President-elect Barack Obama’s nominee to be the next Secretary of Veterans Affairs, about challenges facing the Department of Veterans Affairs (VA).  Senator Murray, a senior member of the Senate Veterans’ Affairs Committee and an outspoken leader in fighting for veterans’ benefits and care, discussed changing the overall culture at the VA, improving care for women veterans, and working to make the VA a more proactive agency. Secretary-Designate Shinseki”s nomination is expected to be voted on by the full Senate as part of a package of Obama administration nominees on January 20th.

Changing the Culture
Senator Murray began her questioning of Secretary-Designate Shinseki by highlighting some of the major failures that the VA has attempted to downplay under the Bush administration and how he would work to change the culture at the VA. 

“Over the past 8 years, the VA has developed a track record and culture of downplaying some potentially embarrassing internal issues,” said Senator Murray. “Whether it’s budget shortfalls or inaccurate suicide data, and this has come at the expense of the veterans we’re serving.”

Senator Murray went on to ask Secretary-Designate Shinseki how he will go about building a VA that “focuses on providing for veterans needs rather than avoiding public relations disasters.” 
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Listen to Murray’s question on changing the culture at the VA and Secretary-Designate Shinseki’s response.

Women Veterans
Senator Murray also discussed improving care for women veterans.  Senator Murray is the author of legislation that would expand and improve health care services to women veterans, particularly women who have served our country in Iraq and Afghanistan.

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White House Finds 14 Million ‘Missing’ E-mails, DoJ Lawyer Says

January 15, 2009 – Six days before the Bush administration’s term ends, a Justice Department attorney told a federal judge Wednesday that the White House found 14 million “missing” e-mails that for nearly two years were the subject of several lawsuits and congressional inquiries and widespread speculation that the documents were destroyed.

Helen Hong, an attorney in the Justice Department’s civil division, said the White House spent $10 million to locate the e-mails. She said the e-mails would be transferred to the National Archives and Records Administration, along with 300 million of other documents in accordance with the Presidential Records Act, immediately after President George W. Bush leaves office next Tuesday.

Hong’s disclosure was made hours after U.S. District Court Judge Henry Kennedy granted an emergency order to an historical research group that directed Bush administration officials to immediately search all White House workstations “and to collect and preserve all e-mails sent or received between March 2003 and October 2005.”

Citizens for Responsibility and Ethics in Washington (CREW) and George Washington University’s National Security Archive sued the Bush administration last year alleging the White House violated the Presidential Records Act by not archiving e-mails from 2003 to 2005.

Hong, who appeared at a hearing Wednesday before Magistrate Judge John Facciola, explained that independent contractors hired by the White House found the missing e-mails by looking through 60,000 disaster backup tapes.

In a court filing Thursday that calls for the dismissal of the lawsuit, the Justice Department maintains that the 14 million e-mails were never actually “missing,” rather the e-mails were simply unaccounted for due to a “flawed and limited” internal review by the Office of Administration in 2005. The documents were retrieved, the Justice Department claims, “through a three-phased email recovery process.”

Still, Facciola said in a four-page opinion issued Thursday that e-mail searches were limited to offices subject to Federal Records Act preservation guidelines, while offices that adhere to the Presidential Records Act, which include the National Security Council, the Council of Economic Advisers, and the President’s Foreign Intelligence Advisory Board, were bypassed. Offices subject to the Federal Records Act include the Office of the Trade Representative, the Office of Management and Budget, the Office of Science and Technology Policy, the Council on Environmental Quality, and the Office of National Drug Control Policy. 

In other words, e-mails, such as those sent and received by former White House political adviser Karl Rove, could still be unaccounted for.

The missing e-mail controversy first surfaced in January 2006 when Patrick Fitzgerald, the special prosecutor appointed to investigate the leak of Valerie Plame, said in a court filing following the indictment of Vice President Dick Cheney’s former Chief of Staff I. Lewis Scooter Libby that he “learned that not all email of the Office of the Vice President and the Executive Office of the President for certain time periods in 2003 was preserved through the normal archiving process on the White House computer system.”

That document was filed during the discovery phase of the perjury and obstruction of justice trial against former vice presidential staffer I. Lewis “Scooter” Libby.

On Feb. 6, 2006, the White House then turned over to Fitzgerald 250 pages of e-mails that it said it had “discovered.” The White House offered no official explanation concerning the circumstances regarding the sudden reappearance of the e-mails, nor comment on whether Fitzgerald’s allegations that the e-mails had not been automatically archived were true. At the time, a White House spokeswoman would only tell me that staffers had “discovered” the batch of documents during a search.

Nevertheless, on Thursday, the Justice Department offered up a highly technical explanation in its court filing Thursday on how the e-mails apparently fell into a virtual black hole during an internal review four years ago.

“The 2005 review attempted to identify the number of e-mail messages archived in .PST files by various Executive Office of the President (“EOP”) components for dates ranging between January 1, 2003 and August 10, 2005, and concluded that 702 component days between January 1, 2003 and August 10, 2005 had “low” message counts in the EOP email system, including 493 component days had zero message counts,” the DOJ’s court filing says.

“The [Office of the Chief Information Officer] discovered that the counting tool used for the 2005 review had a message count limit of 32,000 e-mail messages per day in a .PST file. But because large .PST files did contain more than 32,000 messages, the tool used for the 2005 review failed to “count” those messages and attribute them to components for specific days. Moreover, the 2005 review apparently relied on the name of the .PST file to allocate all of the individual e-mail messages contained within a file to the component named in the file.

“As a result of the technical limitations of the 2005 review, 14 million messages that existed in the EOP email system in 2005 were not counted in the 2005 review. Accordingly, the 2005 review presented inaccurate message counts, concluding that approximately 81 million messages existed in the EOP e-mail system in 2005 when, in fact, approximately 95 million e-mail messages were preserved in the EOP e-mail system. Those “14 million” messages were therefore never “missing,” but simply uncounted in the 2005 review.”
That explanation contradicts previous assertions by White House Chief Information Officer Theresa Payton who had claimed the administration “recycled” its computer back-up tapes and, as a result, the e-mails could not be recovered.

Previously, Payton and White House press secretary Dana Perino have blamed the loss of the e-mails on the administration’s transition from Lotus Notes to Microsoft Outlook.

Additionally, Payton said in a sworn affidavit in early 2008 that every three years the White House destroyed its hard drives “in order to run updated software, reduce ongoing maintenance, and enhance security assurance.”

“When workstations are at the end of their lifecycle and retired… under the refresh program, the hard drives are generally sent offsite to another government entity for physical destruction in accordance with Department of Defense guidelines,” states Payton’s sworn affidavit. Attempts to force the White House to try and recover “missing” e-mails would “yield marginal benefits at best, while imposing substantial burdens and disruptions.”

David Gewirtz, an expert on e-mail, and the author of the book Where Have All the Emails Gone? said he finds the contradictions between Payton’s testimony and the Justice Department’s response “quite curious.”

“It does seem odd that the [Office of the Chief Information Officer’s] “counting tool” had a 16-bit limit, but one important lesson is to never underestimate the possibility of software to be badly designed,” Gewirtz said. “Given that the messages apparently were stored in .PST files, the fidelity of the message data is clearly in question. I don’t think we’ll really know whether everything’s in order until every single message is deliberately and systematically exported from the rotting .PST files and imported into a solid, reliable, and well-designed archiving database management system.”

Meredith Fuchs, an attorney with George Washington University’s National Security Archives, also doubted the veracity of the administration’s claims.

“From the beginning, the White House has changed it’s story from ‘emails are missing’ to ‘23 million emails were found’ and back to ‘no emails are missing.’ The truth is, neither we nor the public knows what was going on, nor can we verify the White House’s efforts because they continue to conduct themselves under a veil of secrecy,” Fuchs said.

Anne Weismann, chief counsel of CREW, agreed. Weismann said she is troubled by the lack of transparency on the part of the Bush administration regarding the process apparently undertaken to recover e-mails and the disclosure by the administration five days before the end of Bush’s presidency that “missing” e-mails have suddenly been found.

“I think they are clearly manipulating the timing they are manipulating the facts,” Weismann said. “If they had done everything the law required them to do they would be transparent. And to date they have offered vague representations of counsel that they have met their obligations, which is not good enough. At the end of the day it still remains the case that [the White House] was told they had this massive problem and they did nothing. And that doesn’t change. They did it a little late in the game. It wasn’t until they were sued that they took action.”

Weismann added: “Even once a new administration takes office, CREW will continue seeking to hold the Bush administration accountable for its role in the disappearance of the 14 million emails.”

Hong’s claims that outside contractors were hired to recover the “missing’ e-mails was a concern CREW first raised last August.

It was then that CREW disclosed in a court filing that the administration hired an outside contractor to search individual computers for tens of thousands of missing e-mails that disappeared between 2003 and 2005.

But according to the group’s court filing, information technology experts hired to conduct the search apparently were told not to try and locate hundreds of thousands of e-mails from March 2003 to September 2003 that were missing, a crucial timeframe that encompasses the start of the Iraq war, and the leak of covert CIA operative Valerie Plame Wilson.

“CREW has learned that the White House has now completed its analysis of the missing email problem and confirmed that email is missing for as many as 225 days,” according to CREW’s August 2008 statement on the matter. “In addition, the White House is about to begin selecting, or has already selected, a contractor to restore the missing email, although it is CREW’s understanding that the White House does not intend to use backup tapes predating October 2003.

“It has already been established that e-mails for the Office of the Vice President are missing for a critical week in September 2003, when the Department of Justice opened an investigation into the leak of Valerie Plame Wilson’s covert CIA identity. Despite the obvious relevance of these new facts to the lawsuit, the White House has refused CREW’s request that is advise the Court of these events and bring transparency to the process.”

Senior administration officials disclosed Valerie Plame Wilson’s identity to several journalists in early summer 2003, leading to its publication in a July 14, 2003, article by right-wing columnist Robert Novak. However, it was not until September 2003 that a CIA complaint to the Justice Department sparked a criminal investigation into the identity of the leakers.

Hong, the Justice Department attorney, did not say in court Wednesday what timeframe is covered by the discovery of the 14 million e-mails. She only said that the White House had met its obligation as required under the Presidential Records Act in locating the electronic communications.

The 2005 internal investigation by officials in the Office of Administration concluded that e-mails from the office of Vice President Dick Cheney between Sept. 30, 2003, and Oct. 6, 2003 were lost and unrecoverable. That was the week when the Justice Department launched an investigation into the Plame leak and set a deadline for Bush administration officials to turn over documents and e-mails containing any reference to Plame Wilson or her husband, former Ambassador Joseph Wilson. The timeframe also coincided with litigation surrounding the release of documents related to Cheney’s National Energy Task Force meetings.

Now, if pertinent e-mails White House related to the Plame leak are included in the 14 million that were recovered, they will not be available for the public to view for at least five years in accordance with Freedom of Information Act rules governing presidential records. That would certainly call into question the integrity of Fitzgerald’s probe.

Despite assurances by Hong that “missing” e-mails have been recovered, Gewirtz has advised the incoming administration of President-elect Barack Obama to treat White House computers left behind “like crime scene evidence.”

“What must happen is this: each computer your team finds in the White House and the [Executive Office of the President] must be treated as evidence,” Gewirtz wrote in an open letter to Obama in the magazine Outlook Power. “Each machine must be cataloged and then removed for forensic examination. Under no circumstances should anyone on your team boot up any of those machines or use them.”

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Bush/Cheney: ‘Most Impeachable’

January 14, 2009 – House Judiciary Committee Chairman John Conyers says President George W. Bush and Vice President Dick Cheney committed impeachment-worthy offenses which must be thoroughly investigated even after the two men leave office as a means of reaffirming U.S. constitutional principles.

“The Bush Administration’s approach to power is, at its core, little more than a restatement of Mr. Nixon’s famous rationalization of presidential misdeeds:  ‘When the President does it, that means it’s not illegal,'” Conyers said in a foreword to a 487-page report entitled “Reining in the Imperial Presidency: Lessons and Recommendations Relating to the Presidency of George W. Bush.”

“Under this view, laws that forbid torturing or degrading prisoners cannot constrain the President because, if the President ordered such acts as Commander in Chief, ‘that means it’s not illegal.'” Conyers continued. “Under this view, it is not the courts that decide the reach of the law – it is the President – and neither the Judiciary nor Congress can constrain him.”

Conyers also seemed to acknowledge what many Bush critics had long suspected, that the Michigan Democrat evaded an impeachment battle the past two years out of concern that the political repercussions might have kept the Democrats from winning larger congressional majorities and the White House in Election 2008.

Noting that “some ardent advocates of impeachment have labeled me a traitor – or worse – for declining to begin a formal impeachment inquiry in the House Judiciary Committee,” Conyers said he disagreed with some of their political judgments but concurred with their assessments of the seriousness of Bush-Cheney misconduct.

“Many think these acts rise to the level of impeachable conduct.  I agree,” Conyers said. “I have never wavered in my belief that this President and Vice-President are among the most impeachable officials in our Nation’s history, and the more we learn the truer that becomes.”

Conyers also praised the many citizens who petitioned him for action on impeaching Bush and Cheney.

“I want to make clear how much I respect those who have given so much time and energy to the cause of fighting for the impeachment of President Bush and Vice President Cheney,” Conyers said. “While we may not agree on the best path forward, I know they are acting on the basis of our shared love of this country.  These citizens are not fringe radicals. –

“They are individuals who care deeply about our Constitution and our Nation, and who have stood up to fight for the democracy they love, often at great personal cost.  However, as I have said, while President Bush and Vice President Cheney have earned the dishonorable eligibility to be impeached, I do not believe that would have been the appropriate step at this time in our history.”

Documenting Abuses

The 487-page report, released  Tuesday, documents what Conyers called Bush’s excessive claims of executive power and illegal acts. It is the clearest sign yet that the 111th Congress plans to probe the depths of the Bush administration’s most controversial policies.

The report contains 47 separate recommendations, including calls for a blue-ribbon commission and independent criminal probes. Conyers said the recommendations are not intended as political “payback or revenge,” rather the goal is to “restore the traditional checks and balances of our constitutional system – and to set an appropriate baseline of conduct for future administrations.”

Conyers noted that earlier investigations failed to get to the bottom of many “questions left in the wake of Bush’s Imperial Presidency,” including allegations of torture, “extraordinary rendition” (shipping prisoners to countries known to torture), warrantless domestic surveillance, leaking the CIA identity of Valerie Plame Wilson, and the firing of nine U.S. Attorneys.

Last week, Conyers proposed legislation to create a blue-ribbon panel of outside experts to probe the “broad range” of policies pursued by the Bush administration “under claims of unreviewable war powers,” including torture and warrantless wiretaps.

Tuesday’s report sought to arm lawmakers with the documentary evidence to support action on the bill, which currently has 10 sponsors

Last year, Conyers called on Attorney General Michael Mukasey to appoint a special prosecutor to investigate whether the Bush administration committed war crimes, a proposal that Mukasey rebuffed.

Conyers came under criticism from impeachment advocates last year when he refused to allow his committee to vote on articles of impeachment against Bush proposed by Rep. Dennis Kucinich, D-Ohio. Instead, Conyers’ committee held an impeachment substitute of sorts; a one-day hearing devoted to testimony by Bush’s critics about the administration’s alleged abuses of power.

The new report suggests that Conyers is not inclined to immediately “move forward” now that Barack Obama has been elected President. In fact, Conyers said he firmly rejects “the notion that we should move on from these matters simply because a new administration is set to take office.”

On Sunday, Obama signaled in an interview on ABC’s “This Week With George Stephanopoulus,” that he will not likely recommend that his Justice Department launch a criminal probe into the Bush administration’s past practices, particularly policies that authorized torture.

Obama said prosecution would be possible if someone were found to have “blatantly broken the law,” but the President-elect expressed “a belief that we need to look forward as opposed to looking backward.”

Also, on Tuesday, a federal judge ruled that the Bush administration must turn over to President-elect Obama’s staff documents Bush has been withholding from Congress related to the White House’s role in the firing of the nine U.S. Attorneys.

Conyers’s committee has been pursuing testimony and documents from White House Chief of Staff Josh Bolten and former White House Counsel Harriet Miers about their involvement in the decision to fire the federal prosecutors, a move that a senior Justice Department official said was designed to remove U.S. Attorneys who were deemed not “loyal Bushies.”

President Bush has asserted executive privilege in blocking Bolten and Miers from testifying before Congress. Last week, a new set of House rules was passed reviving subpoenas issued during the 110th Congress. In addition to Miers, Conyers’s committee subpoenaed former White House political adviser Karl Rove.

Conyers also said he wants to find out “to what extent were President Bush and Vice President Cheney involved in the outing of Valerie Plame Wilson and its aftermath.”

Lewis “Scooter” Libby, Cheney’s chief of staff, was convicted of obstruction of justice and perjury in the Plame case, but his prison sentence was commuted by Bush. “There is considerable evidence that culpability for the outing of Valerie Plame Wilson and subsequent obstruction goes above and beyond Scooter Libby,” Conyers said.

Conyers subpoenaed documents last year related to the Plame leak, including closed-door testimony that Bush and Cheney gave to special prosecutor Patrick Fitzgerald. But the Justice Department refused to turn over the materials.
 
“Given that so many significant questions remain unanswered relating to these core constitutional and legal matters, many of which implicate basic premises of our national honor, it seems clear that our country cannot simply move on,” Conyers said.

“As easy or convenient as it would be to turn the page, our Nation’s respect for the rule of law and its role as a moral leader in the world demand that we finally and without obstruction conduct and complete these inquiries. This can and should be done without rancor or partisanship.”

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Is the Army Lying About Friendly Fire Deaths in Iraq and Afghanistan Wars?

January 15, 2009 – New statistics obtained by Salon depict a spectacularly low number of U.S. Army deaths from friendly fire in the current conflict in Iraq, a mere fraction of historical rates. According to data released to Salon by the Army’s Combat Readiness/Safety Center, only 24 of the 3,059 U.S. Army soldiers killed in Iraq since the invasion in 2003 died by fratricide.

That is a rate of .78 percent, less than one-tenth of almost every estimate from previous conflicts stretching back to World War II, despite six years of combat in Iraq, often in confusing urban terrain, using intense U.S. firepower. Army officials gave Salon similar statistics for Afghanistan: six out of 484 dead, or a rate of 1.24 percent. By comparison, the Army’s own estimates of the friendly fire rates for every war from World War II to Desert Storm are between 10 and 14 percent, except for a low of 6 percent during the invasion of Panama. During the last U.S. conflict in Iraq, 1991’s Operation Desert Storm, fratricide killed 35 of 298 U.S. service members, or a rate of nearly 12 percent, according to a 1992 report by the Center for Army Lessons Learned.

Army spokesman Paul Boyce said improved technology and better leadership and training contributed to the low fratricide rates in the current Iraq war. Some observers, however, called the new data fishy. “That is almost impossible,” said Geoffrey Wawro, director of the University of North Texas’ Military History Center, who closely followed the Army’s coverup of football star Pat Tillman’s death by friendly fire in April 2004. Wawro says that technology and training can help minimize the friendly fire rate, but “still, the fog of war is such that it has to be higher than .7 percent.”

The retired Army colonel and West Point graduate Andrew Bacevich, now a history professor at Boston University and a prominent Iraq war critic, was just as emphatic.

“To say we have suddenly stopped all these problems that have been a part of warfare since the beginning of time? I don’t believe it … To claim that this Army is somehow uniquely disciplined in that regard? It is a great army, but they are still human beings. They are still scared shitless.”

Those unusually small numbers, along with anecdotal reports from soldiers and a string of coverup allegations, raise the possibility that the Army has routinely swept fratricide incidents under the rug in Iraq and Afghanistan. Salon detailed just such a case last fall, in which battle video and testimony from soldiers contradicted the official version of events. Army casualty officers, therefore, might have provided incorrect information to an unknown number of parents about the death of their son or daughter in Iraq or Afghanistan. The Army might also have missed a similar number of opportunities to learn from friendly fire incidents and avoid knocking on more parents’ doors with the same bad news.

As Bacevich notes, many of the problems that create friendly fire incidents have existed “since the beginning of time.” In an e-mail to Salon, the Army’s Paul Boyce listed the “leading causes of fratricide throughout military history”: “chaos and confusion of warfare; inadequate situational awareness; inadequate employment of, and adherence to, fire control measures; and combat identification failures.”

Expressed another way, the fog of war and human error cause soldiers to misidentify friends as foes. A more easily quantifiable factor that Boyce does not cite is the collision between different branches of the military or between different units in the same branch. A 1992 Army study says that fratricide is most likely to occur “along shared unit boundaries,” or when different units fight side by side supporting each other. This can mean, as in Grenada in 1983, a Navy jet mistakenly attacking Army troops, or as in the incident first reported last fall in Salon, members of an Army tank unit in Iraq in 2006 allegedly firing on Army infantry.

The military still employs mixed units, and it cannot eliminate human error or the fog of war. The consistency of the numbers from World War II to Desert Storm 50 years later is remarkable. The Army’s figures for World War II are 12 to 14 percent; for Vietnam, 10 to 14 percent; for Grenada, 13 percent; for Panama, 6 percent; and for Desert Storm, 12 percent. (Figures for Korea were not provided.)

Those numbers are consistent despite leaps in technology. Though Boyce says that “warfighter training and leadership are the principal determinants,” he says that “technology also contributes to the avoidance of fratricide” in the current conflict. “Fire-control systems sights and computers are far more capable than in the past. Weapons and ammunition are able to achieve high probabilities of hits and kills at greater ranges.” Technological improvements since the first Gulf War have greatly improved the Army’s ability to track friendly forces on the battlefield.

Yet Wawro notes that technology can also increase the lethality of friendly fire incidents. The extremely powerful weaponry the United States now brings to the battlefield means that “one tiny mistake results in heavy casualties.”

The Army’s official stats for the current Iraq war suggest that fewer soldiers were killed by fratricide over the past six years than the total number of service members killed by fratricide during Operation Desert Storm, which lasted 42 days. The statistics from Desert Storm come from well-documented events, though it isn’t hard to find Gulf War veterans who claim even those numbers are low.

Why should numbers from the current Iraq conflict be so different from numbers from the last one? Army officials say that Iraq and Desert Storm don’t provide an apples-to-apples comparison. Desert Storm was a brief, extremely violent conflict fought in the open desert and marked by some costly fratricide mistakes. On Feb. 27, 1991, for example, one group of American tanks opened fire on another already firing at an Iraqi unit, killing six U.S. soldiers and wounding 25.

Or there is the possibility that something has changed about the way the military reports such incidents. Studies done by both Congress and the military suggest that officers have an incentive to cover up fratricide, which is particularly corrosive to morale.

According to a study prepared by the Office of Technology Assessment for the House Armed Services Committee in June 1993, after the first Gulf War, a “15 to 20 percent fratricide rate may be the norm, not the exception,” as “past rates of fratricide have been systematically and substantially underestimated.” It notes that the “psychological effects of friendly fire are always greater than from similar, enemy fire.”

A decade earlier, a 1982 report by Army Lt. Col. Charles Shrader called “Amicide: The Problem of Friendly Fire in Modern Warfare,” which put the friendly fire rate far lower – perhaps as 2 percent – had reached the same conclusion about the temptation to hide friendly fire incidents. “Commanders at various levels,” wrote Shrader, “may be reluctant to report instances of casualties due to friendly fire either because they are afraid of damaging unit or personal reputations, because they have a misplaced concern for the morale of surviving troops or the benefits and honors due the dead and wounded, or simply because of a desire to avoid unprofitable conflicts with the personnel of supporting or adjacent units.”

The 1992 report from the Center for Army Lessons Learned, cited earlier, says that friendly fire can be “devastating and spread deeply within a unit.” Friendy fire, it says, also results in “loss of confidence in the unit’s leadership.”

“Nobody wants to talk about this,” says Wawro. “It is a disincentive to recruitment and everything. There is real incentive to cover it up.”

These latest fratricide statistics from the Army already include incidents initially blamed on the enemy. There was Pat Tillman. Another example was Lt. Kenneth Ballard. The Army told his family he died in Najaf from enemy fire in May 2004. By December of that year, the family was asking for more information. The Army admitted to friendly fire as the culprit in September 2005.

On Oct. 14 of last year, Salon began a series of stories about the deaths of two infantry soldiers, Pfc. Albert Nelson and Pfc. Roger Suarez-Gonzalez on the rooftop of a building in Ramadi, Iraq on Dec. 4, 2006. Soldiers there said a nearby U.S. tank fired at the building, blowing Suarez off the roof and killing him instantly. Nelson died later that day.

Salon also released footage from a helmet-mounted camera from that day. The video shows an explosion at that building, soldiers claiming they watched the tank shoot at them and a sergeant attempting to report what he though was a friendly fire incident over a radio. A superior officer then apparently overrules the sergeant. The Army says two enemy mortars landed simultaneously on Nelson and Suarez.

During several visits to Nelson and Suarez’s old unit at Fort Carson late last year and in interviews since then, scores of veterans from Iraq have described non-lethal friendly fire incidents as surprisingly routine. In the same neighborhood, tanks blast clean through house walls, the air wobbles with hits from massive 2,000-pound bombs dropped from U.S. aircraft, and infantry shoot from dusty house to dusty house. It gets confusing.

Some soldiers present during the battle on Dec. 4, 2006 say Nelson and Suarez’s death wasn’t the only exchange of friendly fire that day. It was only exceptional because of the firepower involved and the resulting deaths.

Several expressed anger – but also, some understanding – at the tank that allegedly fired on Nelson and Suarez. The resentment toward the chain of command for the alleged cover-up was unmitigated. “A bunch of guys with fucking rags on their heads weren’t good enough to kill those guys,” one soldier in the building with Nelson and Suarez said about the two men. “I lost more respect for (my platoon sergeant) because we knew he knew.”

Late last year, Rep. Dean Heller (R-Nev.) and Rep. Chaka Fattah (D-Penn.) sent letters to the Pentagon requesting a new investigation into Nelson and Suarez’s deaths. In early December, Senate Majority Leader Harry Reid (D-Nev.) asked his staff to take a new look into the incident.

The Army has so far declined to open a new investigation, offering only to review any “new specific evidence” about the incident, according to Army spokesman Paul Boyce.

The Army did conduct an initial investigation into the deaths. Army officials say it included 170 photographs, dozens of interviews and hundreds of pages of ballistic analysis. Since July, Salon has repeatedly requested this material through the Freedom of Information Act, to no avail. So far, the Army has only released a heavily redacted, 10-page summary of that investigation.

The tragedy of burying friendly fire incidents is that the opportunity to study and prevent future, similar incidents dies along with the truth. The Center for Army Lessons Learned, in fact, studies fratricide events and develops techniques to avoid similar tragedies in the future. “If you make a mistake, you have to learn from it,” explained Ralph Nichols, a senior military analyst at the center who helped craft new Army guidance last September on avoiding fratricide. “If you know what causes it, you can plan and train to avoid it.”

In early 2007, Pvt. Matthew Zeimer, 18 and Spc. Alan McPeek, 20 took cover on a rooftop in Ramadi during a firefight with insurgents. It was Feb. 2, two months after Nelson and Suarez’s death in the same town. During the battle in February, a tank mistakenly fired on Zimmer and McPeek’s position. McPeek died instantly. Zeimer was blown to the other side of the roof. He died a short time later. The families of the two men were originally told their sons were killed by enemy fire.

The Army says Nelson and Suarez did not die from friendly tank fire. If the Army is wrong, there is no way of knowing if admitting it would have saved the next two young men just two months later.

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Religious Groups Seek Swift Ban from Obama on Torture

January 14, 2009 – A broad coalition of religious groups is calling on President-elect Barack Obama to issue an executive order on his first day in office banning the use of torture.

Leaders of the coalition, the National Religious Campaign Against Torture, met with officials from the Obama transition team on Wednesday afternoon and emerged saying they were optimistic about the prospects for such an order.

Linda Gustitus, the group’s president, said the coalition leaders met with Michael Strautmanis, who has been named chief of staff to Valerie Jarrett, a senior Obama adviser.

“He gave every indication that it’s going to happen, not necessarily on Day 1, but that it’s going to happen,” Ms. Gustitus said. “So we’re encouraged. We still believe that it would be a very, very important statement to the nation and the world, were it to take place on Day 1.”

The coalition, which was formed in 2006, includes Roman Catholic, Protestant and Orthodox Christian groups, as well as organizations representing Muslims, Jews, Bahais, Hindus, Buddhists and Sikhs. They asked their congregations to recite a prayer to end torture in the 10 days before Mr. Obama takes office.

In a news conference on Wednesday, the Rev. Dr. John Thomas, president and general minister of the United Church of Christ, said, “All over the world, people are looking this week for a clear and strong word that change has come, that religious values are not simply to be pandered to for votes, but are principles that underlie policy.”

Ingrid Mattson, president of the Islamic Society of North America, said, “We have lost the support of allied nations for our polices, and we have lost the good will of ordinary people across the world who now see us as hypocrites.”

The group wants the executive order to include a commitment to close secret prisons around the world where terrorism suspects were held, and to stop the practice of rendition, in which detainees have been transferred to other countries, including some known to use torture.

Officials in Mr. Obama’s transition office declined to comment on whether an executive order would be coming.

The president-elect has been outspoken in condemning the use of torture, saying at a news conference last week, “I was clear throughout this campaign, and have been clear throughout this transition, that under my administration, the United States does not torture, we will abide by the Geneva conventions, that we will uphold our highest values and ideals.”

Mr. Obama added, “I think it is important for us to do that not only because that is who we are, but also ultimately it will make us safer and will help in changing hearts and minds in our struggle against extremists.”

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Jan 15: VCS Writes Congress Requesting Hearing on Gulf War Illness Research

In a letter to Representative Bob Filner, Chairman of the House Veterans’ Affairs Committee, VCS announces our advocacy agenda for Gulf War veterans for 2009:  1) Research to understand Gulf War illnesses, 2) Research to treat the estimated 175,000 to 210,000 ill Gulf War veterans, 3) Oversight hearing into VA staff who blocked research.

January 15, 2009

The Honorable Bob Filner
Chairman
Veterans’ Affairs Committee
U.S. House of Representatives
335 Cannon House Office Building
Washington, DC 20515

Dear Chairman Filner,

Thank you for your continued interest in Gulf War illness research and benefits.  VCS hopes that Gulf War illnesses will remain on the Committee’s radar for a potential oversight hearing in 2009.  Tomorrow marks the 18th Anniversary of the start of bombing for the first Gulf War, and many veterans are still waiting for treatments and benefits for conditions incurred during to our deployment.
 
I am the Gulf War veteran who, in 1997 and 1998, personally spearheaded the effort to pass the “Persian Gulf Veterans Act of 1998.”  This landmark law created the Research Advisory Committee on Gulf War Veterans’ Illnesses (RAC).  The new law also mandated research into the connection between Gulf War toxic exposures and the illnesses for the purposes of determining disability benefits.  You have been our champion for us dating back to when I first testified about Gulf War illnesses 11 years ago.  Your leadership has been essential for us in getting to the bottom of this complicated issue.
 
For the 111th Congress, our advocacy for Gulf War veterans has two parts.

The first part, we believe, can be addressed by the Health Subcommittee.  First, Gulf War veterans urgently need more research to identify effective treatments for the estimated 175,000 to 210,000 Desert Shield and Desert Storm veterans still suffering from Gulf War illnesses.  The RAC’s recent report provides specific details.  We are also concerned that VA has not prepared or released a Gulf War Veterans Information System (GWVIS) report since February 2008.  Veterans, Congress, VSOs, the press have a right to know the impact of the Gulf War deployment on veterans.  GWVIS reports are mandated by the “Veterans Health Care Act of 1992” (Public Law 102-585) in identifying Gulf War service members and reporting on various aspects of their VA healthcare and benefit activity.  We ask Congress to request that VA resume preparing and releasing the GWVIS report as soon as possible.  It was my testimony in 1998 that sparked the creation of VA data collection about Gulf War veterans, and I designed and prepared the report while working at VA from 2000 to 2006.  I briefed the RAC about Gulf War illnesses using the GWVIS report.
 
The second part, we hope, can be handled by the Oversight and Investigations Subcommittee.  We strongly urge Congress to investigate the handful of top VA officials who blocked the scientific literature review into Gulf War illnesses.  Specifically, the 1998 law required VA to contract with the Institute of Medicine (IOM) to review the scientific literature, specifically including both human and animal studies, to determine whether toxic exposures can cause health effects among our veterans deployed to Southwest Asia during 1990 and 1991.  These IOM reviews were to form the basis for determining VA disability benefits.  However, a few VA employees appear to have conspired with IOM staff to cook the books and eliminate consideration of critical animal research.  Since most research on toxic substances is conducted in animals for ethical reasons, the result has been that the IOM committees have found no connections, and healthcare and benefits for veterans remains very minimal.
 
Here is the issue we request the Subcommittee to investigate, please.  The November 2008 RAC report clearly points out that VA staff blatantly violated the letter and intent of Congress by restricting scientific information considered by the IOM in reports used to determine Gulf War veterans’ benefits.  Please see pages 53-55, and page 57 of the RAC report:  “In short, IOM’s Gulf War and Health series of reports have been skewed and limited by a restrictive approach to the scientific tasks mandated by Congress, an approach directed by VA in commissioning the reports.”
 
Veterans for Common Sense urges you to contact Jim Binns, the RAC chair, about this possible criminal activity by a few VA employees.  He should be the lead witness for any hearing on the VA-IOM contracts.  If the facts show VA officials failed to follow the law and contract with IOM to review animal studies, then both VA and IOM staff be must be held accountable.  We believe the contracts need to be re-written, and IOM needs to repeat their literature reviews, as recommended in the RAC report on page 57.  VCS has the higest regard for Binns’ diligence and credibility.

In our view, VA Secretary-Designate Eric Shinseki may not be aware that VA compromised the IOM research contracts for Gulf War exposures and illnesses.  VA Secretary James Peake’s referral of the recent RAC report linking Gulf War illnesses to deployment to IOM represents the continuation of the current cover-up.
 
We have two goals related to our request for oversight hearings.  Our first goal is for VA to rescind VA’s referral of the recent RAC report to the IOM.  VA should consider the RAC report on the merits and respond directly to the RAC.  We believe it is inappropriate for VA to outsource advice given by the RAC to the Secretary.  VA inaccurately states that the 1998 law requires referring Gulf War research to IOM.   The law mandates that IOM review scientific studies for benefits purposes, while creating the RAC to advise the Secretary on scientific research in general.

Our second goal is to investigate and reform VA’s contractual relationship with IOM.  Never again should a handful of VA staff be able to block the intent of Congress, the pursuit of scientific research, and the fair determination of VA disability benefits for our veterans.  It is noteworthy that it was an IOM report linking Agent Orange exposures to cancer that finally broke two decades of government denial on that topic.   The corruption of the IOM process on the Gulf War reports indicates how far these officials have gone to try to block addressing Gulf War illness.  Federal government manipulation of the IOM is a serious violation of public trust going far beyond this issue.

I wrote my first letter to Congress about this issue in 1992.  Congress made tremendous strides with the “Persian Gulf Veterans Act of 1998.”  And the RAC continued to make significant progress with the release of their report late last year.  VCS looks forward to working with the Committee on this important issue so our Gulf War veterans receive answers as to why we are ill and how we can get better.  We look forward to seeing you at your Town Hall meeting on January 27, 2009.

Best, Paul.

Paul Sullivan
Executive Director
Veterans for Common Sense

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