Historical Review: Vice President Richard Cheney’s Legacy of Deception

In the end, the shame of Vice President Dick Cheney was total: unmitigated by any notion of a graceful departure, let alone the slightest obligation of honest accounting. Although firmly ensconced, even in the popular imagination, as an example of evil incarnate–nearly a quarter of those polled in this week’s CNN poll rated him the worst vice president in US history, and 41 percent as “poor”–Cheney exudes the confidence of one fully convinced that he will get away with it all.

December 30, 2008 – In the end, the shame of Dick Cheney was total: unmitigated by any notion of a graceful departure, let alone the slightest obligation of honest accounting.

The loathing that led an Iraqi to hurl shoes at Bush serves as the world’s final verdict on US folly in Iraq. It’s also a caution for Obama as he ponders Afghanistan.

And why not? Nothing, not his suspect role in the Enron debacle, which foretold the economic meltdown, or his office’s fabrication of the false reasons for invading Iraq, has ever been seriously investigated, because of White House stonewalling. Nor will the new president, committed as he is to nonpartisanship, be likely to open up Cheney’s can of worms.

Cheney has even had a pass on torture, the “enhanced interrogation” policy that he initiated in his first months in office. “Was it torture? I don’t believe it was torture,” he told The Washington Times on Monday, a week after the release of a unanimous Senate report concluding that the policies Cheney initiated indeed were responsible for torture. In fact, the Senate committee concluded that the model for the Cheney-Bush interrogation policy was the torture practices of the Chinese communists during the Korean War. But it’s not torture when the US president does it, according to the legal judgments that Cheney’s chief counsel, David Addington, pushed through the administration.

Fortunately, Cheney’s view of the unquestioned unitary power of the presidency was scorned by Vice President-elect Joe Biden: “His notion of a unitary executive” Biden said, “meaning that, in time of war, essentially all power, you know, goes to the executive I think is dead wrong.”

With Biden occupying Cheney’s old office and presumably his secret bunkers as well, maybe we will, at last, learn a bit more of the nefarious truth about the man. One place to start is with the statement of retired US Army Col. Larry Wilkerson, who was Colin Powell’s chief of staff and who stated unequivocally that Cheney was the primary author of the torture policy: “There’s no question in my mind where the philosophical guidance and the flexibility in order to do so originated–in the vice president of the United States’ office.”

That lame-duck Cheney was bellowing his claim of innocence in a series of friendly interviews should have been expected. For he, like the president he served, can use the self-proclaimed “global war on terror” as a convenient cover for eight years of treachery on all fronts: “If you think about what Abraham Lincoln did during the Civil War, what FDR did during World War II; they went far beyond anything we’ve done in a global war on terror.”

Actually, neither of those presidents authorized the waterboarding of prisoners or the other explicit acts of torture approved by this administration largely under the vice president’s direction. But the true absurdity of Cheney’s self-defense is in placing the nebulous war on terror at the same level of threat as the civil war that tore apart this country or the Nazi military machine that rumbled unstoppable across most of Europe, augmented by the military might of Japan.

The invocation of a “global war on terror” is a big-lie propaganda device that has no grounding in reality. The proof that “terrorism” does not exist as an enemy identifiable by commonality of structure, purpose and leadership comparable to the World War II Axis or the Confederacy can be found in its use as a target to justify the invasion of Iraq. An invasion billed as a response to the 9/11 attacks, which had nothing to do with Iraq.

The Bush administration, with Cheney in the lead, did not so much fight the danger of terrorism as exploit it for partisan political purpose. The record is quite clear that the administration was asleep at the switch before 9/11, blithely ignoring stark warnings of an impending attack. But the hoary warmongering after 9/11 afforded a convenient distraction from the economic problems at home. As I asked in a column on June 26, 2002: “Has the war on terrorism become the modern equivalent of the Roman circus, drawing the people’s attention away from the failures of those who rule them? Corporate America is a shambles because deregulation, the mantra of our president and his party, has proved to be a license to steal.”

That is the true legacy of Dick Cheney and the president he ill-served.

Robert Scheer, a contributing editor to The Nation, is editor of Truthdig.com and author of The Pornography of Power: How Defense Hawks Hijacked 9/11 and Weakened America (Twelve) and Playing President (Akashic Books). He is author, with Christopher Scheer and Lakshmi Chaudhry, of The Five Biggest Lies Bush Told Us About Iraq (Akashic Books and Seven Stories Press.) His weekly column, distributed by Creators Syndicate, appears in the San Francisco Chronicle

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After Repeated Iraq War Deployments, Suicides and Homicides Impact Army’s Fort Carson

A Focus on Violence by Returning G.I.’s

January 2, 2009, Fort Carson, Colorado — For the past several years, as this Army installation in the foothills of the Rocky Mountains became a busy way station for soldiers cycling in and out of Iraq, the number of servicemen implicated in violent crimes has raised alarm.

Nine current or former members of Fort Carson’s Fourth Brigade Combat Team have killed someone or were charged with killings in the last three years after returning from Iraq. Five of the slayings took place last year alone. In addition, charges of domestic violence, rape and sexual assault have risen sharply.

Prodded by Senator Ken Salazar, Democrat of Colorado, the base commander began an investigation of the soldiers accused of homicide. An Army task force is reviewing their recruitment, medical and service records, as well as their personal histories, to determine if the military could have done something to prevent the violence. The inquiry was recently expanded to include other serious violent crimes.

Now the secretary of the Army, Pete Geren, says he is considering conducting an Army-wide review of all soldiers “involved in violent crimes since returning” from Iraq and Afghanistan, according to a letter sent to Mr. Salazar in December. Mr. Geren wrote that the Fort Carson task force had yet to find a specific factor underlying the killings, but that the inquiry was continuing.

Focusing attention on soldiers charged with killings is a shift for the military, which since the start of the war in Iraq has largely deflected any suggestion that combat could be a factor in violent behavior among some returning service members.

Maj. Gen. Mark Graham, the Fort Carson commander, said, “If they had a good manner of performance before they deployed, then they get back and they get into trouble, instead of saying we will discipline you for trouble, the leadership has to say, Why did that occur, what happened, what is causing this difference in behavior?”

General Graham, whose oldest son, Jeff, was killed by a roadside bomb in Iraq a year after another son, Kevin, committed suicide, has made mental health a focus since taking command of Fort Carson in 2007. “I feel like I have to speak out for the Kevins of the world,” he said.

The inquiry, the general added, is “looking for a trend, something that happened through their life cycle that might have contributed to this, something we could have seen coming.”

Last January, The New York Times published articles examining the cases of veterans of the wars in Iraq or Afghanistan charged with homicide after their return. At the time, it counted at least 121 such cases. In many of them, combat trauma and the stress of deployment appeared to have set the stage for the crimes.

At Fort Carson, at least four of the accused killers from the Fourth Brigade Combat Team, Fourth Infantry Division were grappling with post-traumatic stress disorder and several had been injured in battle.

One was John Needham, a 25-year-old private from a military family in California, whose downward spiral began when he sustained shrapnel wounds in Iraq and tried to commit suicide. This September, after being treated for stress disorder and receiving a medical discharge from the Army, Mr. Needham was charged with beating his girlfriend to death.

“Where is this aggression coming from?” asked Vivian H. Gembara, a former captain and Army prosecutor at Fort Carson until 2004, who wrote a book about the war crimes she prosecuted in Iraq. “Was it something in Iraq? Were they in a lot of heavy combat? If so, the command needs to pay more attention to that. You can’t just point all of them out as bad apples.”

The Fourth Combat Brigade, previously called the Second Combat Brigade, fought in Iraq’s fiercest cities at some of the toughest moments. Falluja and Ramadi, after insurgents dug into the rubble. Baghdad and its Sadr City district, as body counts soared. By 2007, after two tours, the brigade, which numbers 3,500, had lost 113 soldiers, with hundreds more wounded. It is now preparing for a tour in Afghanistan this spring.

Most Fort Carson soldiers have been to Iraq at least once; others have deployed two, three or four times.

Kaye Baron, a therapist in Colorado Springs who treats Fort Carson soldiers and families, said, “It got to the point I stopped asking if they have deployed, and started asking how many times they have deployed.”

Ms. Baron added, “There are some guys who say, ‘Why do I have to get treatment for P.T.S.D.? I just have to go back.’ ”

While most soldiers returning from war adjust with minor difficulties, military leaders acknowledges that multiple deployments strain soldiers and families, and can increase the likelihood of problems like excessive drinking, marital strife and post-traumatic stress disorder.

Domestic violence among Fort Carson soldiers has become more prevalent since the Iraq war began in 2003. In 2006, Fort Carson soldiers were charged in 57 cases of domestic violence, according to figures released by the base. As of mid-December, the number had grown to 145.

Rape and sexual assault cases against soldiers have also increased, from 10 in 2006 to 38 as of mid-December, the highest tally since the war began. Both domestic violence and rape are crimes that are traditionally underreported.

Fort Carson officials say the increased numbers do not necessarily indicate more violence. Karen Connelly, a Fort Carson spokeswoman, said the base, whose population fluctuates from 11,000 to 14,500 soldiers, is doing a better job of holding soldiers accountable for crimes, encouraging victims to come forward and keeping statistics.

Even so, Col. B. Shannon Davis, the base’s deputy commander, said the task force was examining these trends. “We are looking at crime as a whole,” he said.

The killings allegedly involving the nine current or former Fourth Brigade soldiers have caused the most consternation. The first occurred in 2005, when Stephen Sherwood, a musician who joined the Army for health benefits, returned from Iraq and fatally shot his wife and then himself.

Last year, three battlefield friends were charged with murder after two soldiers were found shot dead within four months of each other. Two of the accused suffered from post-traumatic stress disorder, and all three had been in disciplinary or criminal trouble in the military. One had a juvenile record and been injured in Iraq.

The latest killing was in October, when the police say Robert H. Marko, an infantryman, raped and killed Judilianna Lawrence, a developmentally disabled teenager he had met online. Specialist Marko believed that on his 21st birthday he would become the “Black Raptor” — half-man, half-dinosaur, a confidential Army document shows. The Army evaluated him three times for mental health problems but cleared him for combat each time.

Senator Salazar, President-elect Barack Obama’s choice to be secretary of the interior, called for the Fort Carson inquiry, saying the killings raised questions about what role, if any, combat stress played.

“It’s a hard issue, but it’s a realistic issue,” he said.

Since arriving at Fort Carson, General Graham has spoken openly about mental health, particularly post-traumatic stress disorder, calling it an act of courage, not frailty, to ask for help.

His 21-year-old son, a top R.O.T.C. cadet, hanged himself in 2003 after battling depression. He had stopped taking his antidepressants because he did not want to disclose his illness, fearing such an admission would harm his chances for a career as an Army doctor, General Graham said.

“He was embarrassed,” the general said.

He added: “I feel it every day. We didn’t give him all the care we should have. He got some care, but not enough. I’ll never be convinced I did enough for my son.”

At Fort Carson, in cases of dishonorable discharge, General Graham asks whether the soldier might be struggling with combat stress disorder.

He has sometimes opted instead to grant medical discharges, which entitle veterans to benefits. All Fort Carson soldiers who seek medical attention are now asked about their mental health and, if necessary, referred for treatment.

Still, some sergeants view stress disorder skeptically and actively discourage treatment, some therapists and soldiers say.

Billie Gray, 71, who until recently worked at a base clinic helping soldiers with emotional problems, said “that was the biggest problem at Fort Carson today: harassment” and “the very fact they are harassed made their mental status worse.”

Ms. Gray said she believed she was fired in October for being an outspoken advocate for mental health treatment. Base officials declined to comment, citing privacy reasons.

Colonel Davis, the deputy commander, acknowledged that sergeants had been reprimanded for discouraging treatment. “We have had to take corrective action,” he said, “but fewer and fewer times.”

John Wylie Needham, one of the accused killers whose case is now being examined by the task force, was “cracking up” in Iraq, he told his father in an e-mail message. Yet, he felt he had to fight to get help, his father said in an interview.

In October 2006, during his first week in Iraq, Private Needham, a California surfer, watched a good friend die from a sniper bullet. Months later, he was blasted in the back by shrapnel from a grenade. To cope with his growing anxiety, he stole Valium and drank liquor. Caught twice, he was punished with a reduction in rank, a fine and extra work, a confidential Army document shows. Eventually, he was prescribed medication, but he wrote to his father, Mike Needham, that it did not help.

Private Needham became angry at the way other soldiers reacted to the fighting, and he did not hide it. “They seemed to revel in how many people they had killed,” said a friend in his unit who spoke on condition of anonymity.

In September 2007, Private Needham tried to kill himself with a gun, the Army document states, but another soldier intervened. Mike Needham, a veteran, said that rather than treating his son, the Army disciplined him for discharging a weapon and confined him to barracks. The Army declined to comment.

“I’m stressed to the point of completely losing it,” Private Needham wrote to his father in October 2007. “The squad leader brushed me off and said suck it up.”

He added, “They keep me locked up in this room and if I need food or water I have to have 2 guards with me.”

The Army evacuated Private Needham to Walter Reed Army Medical Center to treat his back and his post-traumatic stress disorder. But a month later, he was back at Fort Carson.

“The first words out of the Mental Health Authority was, ‘we are severely understaffed,’ ” Mr. Needham said in an e-mail message to an officer at Walter Reed. “If you’re suicidal we can see you twice a week, otherwise once a week.”

Fort Carson assured Mike Needham that his son was receiving proper care. But during his son’s visit home during the Thanksgiving break, Mr. Needham found him smearing camouflage-colored makeup on his face and frantically sharpening a stick with a kitchen knife.

“He was a total mess,” Mr. Needham said.

He was treated at a California naval hospital until last July when he received a medical discharge from the Army. While Private Needham was in the early stages of getting help from a Veterans Administration clinic, he spent his days depressed and often drinking at his father’s condominium.

Then last summer, Private Needham met Jacqwelyn Villagomez, a bubbly 19-year-old aspiring model who saw him as a kindred spirit, said Jennifer Johnson, who had helped raise her. Her mother had died of AIDS when she was 6 and her father had left the family. Ms. Villagomez, “who saw the good in everyone,” had recently kicked a heroin habit, Ms. Johnson said.

“She thought she could save him,” Ms. Johnson said. But a month later, the police say, Private Needham beat Ms. Villagomez to death in his father’s condominium.

Mr. Needham said the Army handled his son’s case poorly, but Ms. Johnson finds it hard to muster sympathy for him.

“I’m sure what happened to him was awful,” she said. “I’m sure he saw some horrible things that altered him. But this is a 200-pound guy who beat up this 95-pound little girl. It’s disgusting.”

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Brutal Murders of Homeless Veterans in Miami Spark Protest by Fellow Veterans

Angered over two recent slayings, veterans gathered to demand more help in getting homeless vets off Miami’s streets.

January 2, 2008 – Dozens of veterans gathered at Government Center in downtown Miami on Wednesday afternoon to speak out against two brutal killings of homeless veterans since mid-November in Miami.

Todd Hill’s head was bashed in with an iron pole at 3 a.m. Friday as he slept on a bench overlooking the Miami River. The 41-year-old Gulf War veteran died at the hospital hours later.

Ernest Holman’s body was found beaten to death behind a Liberty City bus bench on Nov. 17. The 67-year-old frequented the local Veterans Affairs hospital, according to Robert Pickett, Holman’s former boss at the Brownsville junkyard where he once worked.

Charles Buford, president of VetsUnited.org, spoke in front of several veterans and passersby Wednesday at noon, demanding more assistance in taking homeless veterans off the streets.

But the chairman of Miami-Dade County’s Homeless Trust, Ron Book, met with Buford at the rally to make his point clear: The help is there. Homeless veterans aren’t taking it.

”I have available beds in my facilities,” Book said. “There are other issues here.”

What keeps homeless veterans from taking part in the several programs available through the Miami VA healthcare system or other local nonprofit agencies meant to help them is unwillingness to give up drug addictions and take medication for behavioral issues, Book said.

”Every person here had an opportunity to get off the streets,” he said, pointing at the crowd.

Hill, the discharged Marine who was killed before dawn Friday, may be one example, according to a friend and former fellow employee, John Lineweaver.

Just three years ago, Hill had his life together, Lineweaver said. Hill had an apartment and was a responsible and reliable security guard at a downtown skyscraper. He once earned the Security Guard of the Month award.

But the clean-cut man Lineweaver remembered looked very different from the bearded man he saw on the news Friday.

”He looked weathered, aged,” said Lineweaver, who was once his manager.

The change occurred about two years ago, when Hill fell into a deep depression likely caused by his traumatic memories of his experience in the Gulf War, Lineweaver said. Hill became an alcoholic and soon lost his job and apartment.

”He went homeless because, at the time, he was too proud to ask for help,” Lineweaver said.

Hill joined what the Miami VA estimates is a group of 250 homeless veterans in Miami-Dade County.

Hill’s bloody body was found Friday. Miami police arrested 29-year-old Sedrek A. Singleton later that day, charging him with first-degree murder.

According to police, Singleton confessed to the crime. He is being held in jail without bail.

At the rally, two veterans folded a U.S. flag in ceremonial fashion as dozens nearby saluted. Buford led the men in prayer, remembering Hill and Holman.

”They did not die in vain,” he said. “If they did die in vain, we would not be here.”

State Rep. James Bush III, who was approached by Buford and other veterans, said he has contacted the Miami VA and will help organize Hill’s burial.

According to the county’s medical examiner’s office, Holman’s body has not yet been claimed.

Reporter’s E-mail: jpagliery@MiamiHerald.com

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Meeting Recruiting Goals: Gulf War Veteran, 50, Ordered to Iraq War

January 2, 2009, Murfreesburo, Tennessee – A veteran who has been out of the military for 15 years and recently received his AARP card was stunned when he received notice he will be deployed to Iraq.

The last time Paul Bandel, 50, saw combat was in the early 1990s during the Gulf War.

“(I was) kind of shocked, not understanding what I was getting into,” said Bandel, who lives in the Nashville, Tenn., area.

In 1993, Bandel took the option of leaving the Army without retirement and never thought he would be called back to action.

“Here he’s 50 years old, getting his AARP card, and here he’s being redeployed with all these 18-year-olds,” said Paul’s wife, Linda Bandel.

“I can understand, say, ‘Here, we have this assignment for you stateside. Go do your training,'” said Paul Bandel. “But, ‘Hey, here’s a gun, go back to the desert.'”

Involuntary recall allows the military, regardless of age or how long someone has been out of service, to order vets back into active duty.

“Anger’s not the word. I was more concerned about the financial impact it’s going to do. My pay’s probably cut in half,” said Paul Bandel.

“Right now, I’m just in disbelief because it’s like the disbelief that this could be happening 15 years after being out of the military. It’s like a dream or a nightmare,” said Linda Bandel.

The veteran is dusting off his old uniforms and torn between his duty to his country and obligations as a grandfather.

“I certainly never thought I’d be going back there at this point in my life,” said Paul Bandel.

The last missile system the veteran was trained to operate is no longer used by the military.

Calls to the Army and the Pentagon about how many men and women in their 50s are being called back to duty were not returned Wednesday.

Paul Bandel will be deployed overseas until 2010. His wife plans to move in with her elderly parents until his return.

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Editorial Column: VA Failures on PTSD Exposed in Living Color

December 31, 2008, Austin, Texas – On Friday, December 19th, millions of Americans were exposed on the “Dr. Phil” show to the antithesis of service many of our wounded warriors have received upon their return to civilian life. The honorable Rep. Bob Filner, chairman of the House Committee on Veterans Affairs, decried that “the American people assume we (the VA) are taking care of our kids … we are not.”

He pointed out that the nearly one million new veterans from the wars in Afghanistan and Iraq are dealing with a backlog of nearly 800,000 benefit claims. Moreover, Mr. Filner cited unethical conduct at the VA including shredding and deceitful post-dating of many hundreds of benefit claims at several sites. He further pointed out notorious VA communications to conceal suicide rates and encourage alternative diagnoses to post-traumatic stress disorder (PTSD), thereby threatening health care benefits for many thousands of returning soldiers suffering from PTSD. Unfortunately, congressional oversight is hindered, according to Mr. Filner, because it depends upon self-disclosure of wrongdoing by the VA, and “if they want to cover-up, they can cover-up.”

Just as intrinsic failures of self-regulation by lending institutions set the stage for the nation’s economic debacle, insulated cultural problems at the VA are in need of reform and stronger external oversight, beyond the VA’s own inspector general.

Although the VA has a budget of nearly $100 billion, the “system is designed not to help them (veterans) but to support the bureaucracy,” according to Col. David Hunt of FOX News. For example, at Central Texas Veterans Health Care System, suppression and inaction to disclosures of fraud, waste, plagiarism, and cronyism fell upon deaf ears to protect the inner circle of involved management and shortchange victims of traumatic brain injury (TBI). Consequently, attempts to bring to light misdoings by management at the only dedicated TBI brain imaging and treatment research program in Texas resulted not in remedies, but reprisals and covert plans for considering closure of the program without explanation.

Thus, such a burial would also conceal the transgressions. The VA modus operandi prevailed, characterized by Mr. Filner, as “Deny, deny, deny, then cover-up, cover-up, then down play it, then hopefully years later people will forget about it.” Fortunately a unified protest to the possible shutdown of the TBI Program last week from Sen. John Cornyn and Reps. John Carter, Lloyd Doggett, Michael McCaul, and Lamar Smith may thwart the tactic of “throwing the baby out” (closing the TBI program) and keeping the dirty bath water (managers responsible for misconduct and mismanagement).

As we celebrate the New Year and a new beginning for our nation, let us pray and remember the over 4,200 men and women who perished in battle in Iraq and Afghanistan, the over 140,000 soldiers who cannot be with their families at this time, and pledge our commitment to our wounded warriors so that they may achieve recovery and lead fulfilling lives.

The Rand Corp. estimates that nearly 300,000 returning soldiers suffer from PTSD or depression and up to 320,000 have sustained TBI. The Institute of Medicine has also recently underscored long-term consequences of TBI including dementia, depression, impaired family relations, and unemployment. According to National Alliance to End Homelessness, nearly one out of four homeless (1-out-of-3 men) in America are veterans though they only represent about 11 percent of the general population. The next wave of potential homeless must not follow this horrific fate for their service to our country. We are in dire need of sensitive methods to diagnose and treat TBI. Speak out for increased accountability, transparency, and integrity in our VA system, in service to those who risked their lives so that we can enjoy our holidays and freedom. Our heroes deserve no less.

Dr. Robert Van Boven is a neurologist-scientist and serves as director of a VA TBI program in Texas.

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Veterans in South Texas Push for New VA Hospital in Rio Grande Valley

December 29, 2008, McAllen, Texas – Members of the Valley’s Veterans Alliance are hoping President Bush will grant one wish before he leaves the White House.

The local veterans sent Mr. Bush a letter requesting an executive order to build a veterans hospital here in the Rio Grande Valley.

They say the growing need for the VA hospital and growing support from elected officials will hopefully convince the Commander-In-Chief to make it a reality.
 
“It’s like our last minute call before he leaves office,” said Homer Gallegos, the commander for VFW Post 8788 and the co-chair of the Veterans Alliance. “He’s got the power to do that and since we have the support of the incoming president Obama. We feel like we have a chance maybe through that effort.”

Tony Cordova, the commander for the Purple Heart Chapter 5077, agreed.
 
“This is just something that we hope can take place before the end of the year before the sitting President goes out,” Cordova said. “But that’s not to say that we’re not going to continue our efforts, when the new President comes in.”

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U.S. Court of Appeals Rules that DoD Violated Laws for Veteran Hiring Preferences

December 29, 2008 – The Defense Department violated the rights of a veteran who was seeking an entry-level, civilian auditing job when it decided to hire two nonveteran candidates instead, a federal court has ruled.

In a Dec. 24 decision, the U.S. Court of Appeals for the Federal Circuit found that an Office of Personnel Management authority that allowed Defense to bypass traditional competitive hiring procedures for entry-level positions was invalid because the regulation conflicted with statutory requirements.

Congress required that OPM give permission to DoD to pass over a veteran or other preferred candidate for a job, but in this case Defense made that decision on its own when it passed over veteran Stephen Gingery for a job at the Defense Contract Audit Agency.

Defense used a special authority to hire candidates through the Federal Career Intern Program, which under OPM’s regulation allowed the department to decide whether to give preference to the veteran. In exercising this hiring authority, the department denied Gingery, who has a 30 percent or greater disability, his preference rights, Judge Kimberly Moore wrote in the decision.

The court reversed a previous decision by the Merit Systems Protection Board to uphold the Defense hiring decision under the intern program and sent the case back to the board for further action.

Although Gingery had also questioned the legality of the intern program as a whole, saying it violated requirements that exceptions to competitive service be “necessary” for “conditions of good administration,” the court decided not to rule on this issue.

“Because we conclude that OPM’s pass-over regulation is invalid and that Mr. Gingery’s veterans’ preference rights were violated, we need not reach the broader questions of the FCIP’s validity,” Moore wrote.

The intern program allows agencies to shorten hiring times and target recruitment to particular applicants by allowing managers to fill jobs without public notice or competition. The program’s authorities allow the interns to be converted to permanent employees after a two-year probationary period. In contrast, traditional competitive hiring procedures, which would have favored Gingery, require agencies to post vacancies nationally and to hire from a list of highly qualified candidates.

The National Treasury Employees Union, which filed a brief in support of Gingery during the case, said it was pleased the court ruled in Gingery’s favor, but was disappointed the court took no action with regard to the intern program.

NTEU president Colleen Kelley has criticized the program on grounds that it enables federal hiring managers to skirt traditional competitive hiring methods.

One judge on the three-judge panel that heard the case said the court should have settled questions regarding the intern program. The validity of the intern program and how it was implemented was central to the case and could have larger implications for Gingery’s legal rights, Judge Pauline Newman said in a concurring opinion.

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Army War College Report: Domestic Unrest Due to Economic Crisis Could Result in Use of Soldiers Inside US

December 29, 2008, El Paso, Texas – A U.S. Army War College report warns an economic crisis in the United States could lead to massive civil unrest and the need to call on the military to restore order.

Retired Army Lt. Col. Nathan Freir wrote the report “Known Unknowns: Unconventional Strategic Shocks in Defense Strategy Development,” which the Army think tank in Carlisle, Pa., recently released.

“Widespread civil violence inside the United States would force the defense establishment to reorient priorities … to defend basic domestic order and human security,” the report said, in case of “unforeseen economic collapse,” “pervasive public health emergencies,” and “catastrophic natural and human disasters,” among other possible crises.

The report also suggests the new (Barack Obama) administration could face a “strategic shock” within the first eight months in office.

Fort Bliss spokeswoman Jean Offutt said the Army post is not involved in any recent talks about a potential military response to civil unrest.

The report become a hot Internet item after Phoenix police told the Phoenix Business Journal they’re prepared to deal with such an event, and the International Monetary Fund’s managing director, Dominique Strauss-Khan, said social unrest could spread to advanced countries if the global economic crisis worsens.

Javier Sambrano, spokes-man for the El Paso Police Department, said city police have trained for years so they can address any contingency, but not with the military.

“The police (department) trains on an ongoing basis as part of its Mobile Field Force Training,” Sambrano said. “As a result, the police will be able to respond to emergency situations, such as looting or a big civil unrest. The police (department) does not train with soldiers.”

Earlier this year, Pentagon officials said as many as 20,000 soldiers under the U.S. Northern Command (NORTHCOM) will be trained within the next three years to work with civilian law enforcement in homeland security.

Joint Task Force-North, a joint command at Biggs Army Airfield, which conducts surveillance and intelligence along the border, comes under NORTHCOM. No one was available at JTF-North to comment on the Army War College’s report. NORTHCOM was created after the 9-11 attacks to coordinate homeland security efforts.

Soldiers under the former Joint Task Force-6 (now JTF-North) supported the Border Patrol in El Paso with its drug-interdiction operations.

In case civilian authorities request help or become overwhelmed, El Paso has several National Guard and military reserve units that can be called on. In 1992, National Guard and active Marine and Army units were deployed to help police control riots and looting in Los Angeles.

Charles Boehmer, political science professor at the University of Texas at El Paso, was skeptical about the Army War College report.

“The military was not called out during the Great Depression, and I don’t think our economic problems are as bad as they were then,” he said. “The military always has contingency plans. It’s a think tank’s job to come up with scenarios, but that doesn’t mean it represents an active interest on the part of the (Pentagon).”

Diana Washington Valdez may be reached at dvaldez@elpasotimes.com; 546-6140

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Editorial Column: Add Up the Enormous Damage Caused by President George W. Bush

December 30, 2008 – Does anyone know where George W. Bush is? You don’t hear much from him anymore. The last image most of us remember is of the president ducking a pair of size 10s that were hurled at him in Baghdad.

We’re still at war in Iraq and Afghanistan. Israel is thrashing the Palestinians in Gaza. And the U.S. economy is about as vibrant as the 0-16 Detroit Lions.

But hardly a peep have we heard from George, the 43rd.

When Mr. Bush officially takes his leave in three weeks (in reality, he checked out long ago), most Americans will be content to sigh good riddance. I disagree. I don’t think he should be allowed to slip quietly out of town. There should be a great hue and cry — a loud, collective angry howl, demonstrations with signs and bullhorns and fiery speeches — over the damage he’s done to this country.

This is the man who gave us the war in Iraq and Guantánamo and torture and rendition; who turned the Clinton economy and the budget surplus into fool’s gold; who dithered while New Orleans drowned; who trampled our civil liberties at home and ruined our reputation abroad; who let Dick Cheney run hog wild and thought Brownie was doing a heckuva job.

The Bush administration specialized in deceit. How else could you get the public (and a feckless Congress) to go along with an invasion of Iraq as an absolutely essential response to the Sept. 11 attacks, when Iraq had had nothing to do with the Sept. 11 attacks?

Exploiting the public’s understandable fears, Mr. Bush made it sound as if Iraq was about to nuke us: “We cannot wait,” he said, “for the final proof — the smoking gun that could come in the form of a mushroom cloud.”

He then set the blaze that has continued to rage for nearly six years, consuming more than 4,000 American lives and hundreds of thousands of Iraqis. (A car bomb over the weekend killed two dozen more Iraqis, many of them religious pilgrims.) The financial cost to the U.S. will eventually reach $3 trillion or more, according to the Nobel laureate economist Joseph Stiglitz.

A year into the war Mr. Bush was cracking jokes about it at the annual dinner of the Radio and Television Correspondents Association. He displayed a series of photos that showed him searching the Oval Office, peering behind curtains and looking under the furniture. A mock caption had Mr. Bush saying: “Those weapons of mass destruction have got to be somewhere.”

And then there’s the Bush economy, another disaster, a trapdoor through which middle-class Americans can plunge toward the bracing experiences normally reserved for the poor and the destitute.

Mr. Bush traveled the country in the early days of his presidency, promoting his tax cut plans as hugely beneficial to small-business people and families of modest means. This was more deceit. The tax cuts would go overwhelmingly to the very rich.

The president would give the wealthy and the powerful virtually everything they wanted. He would throw sand into the regulatory apparatus and help foster the most extreme income disparities since the years leading up to the Great Depression. Once again he was lighting a fire. This time the flames would engulf the economy and, as with Iraq, bring catastrophe.

If the U.S. were a product line, it would be seen now as deeply damaged goods, subject to recall.

There seemed to be no end to Mr. Bush’s talent for destruction. He tried to hand the piggy bank known as Social Security over to the marauders of the financial sector, but saner heads prevailed.

In New Orleans, the president failed to intervene swiftly and decisively to aid the tens of thousands of poor people who were very publicly suffering and, in many cases, dying. He then compounded this colossal failure of leadership by traveling to New Orleans and promising, in a dramatic, floodlit appearance, to spare no effort in rebuilding the flood-torn region and the wrecked lives of the victims.

He went further, vowing to confront the issue of poverty in America “with bold action.”

It was all nonsense, of course. He did nothing of the kind.

The catalog of his transgressions against the nation’s interests — sins of commission and omission — would keep Mr. Bush in a confessional for the rest of his life. Don’t hold your breath. He’s hardly the contrite sort.

He told ABC’s Charlie Gibson: “I don’t spend a lot of time really worrying about short-term history. I guess I don’t worry about long-term history, either, since I’m not going to be around to read it.”

The president chuckled, thinking — as he did when he made his jokes about the missing weapons of mass destruction — that there was something funny going on.

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Soldiers Deployed to Iraq and Afghanistan Wars Also Fight for Child Custody

December 30, 2008, Fort Lee, Virginia – Army Sgt. Stephanie Greer was serving with a vehicle-maintenance unit in the volatile Iraqi city of Ramadi, part of President Bush’s “surge” strategy to stabilize the country, when she learned of a far-off and most unexpected battle: Her estranged husband was going to fight her for custody of their daughter.

Greer had temporary custody of Mackenzie when she began her second deployment to Iraq in early 2007. Her husband was to care for the 7-year-old while Greer was overseas, but soon he challenged that arrangement in divorce proceedings. “He said I was unstable because I was deployed or training too much,” she said.

As a result, throughout her 15-month combat tour, Greer had to mount from 4,000 miles away a legal campaign to keep her daughter.

“If I had not deployed, I know I never would have faced this situation,” said Greer, 39. “I don’t think it should be held against you, and I don’t think my time away, or me deploying, affects my ability to be a mother or provide for my kids.”

If she expected support in that position from the military, she was disappointed. Instead, the message she said she received from her superiors was: Deal with it.

“In the midst of the deployment, everything goes to pieces . . . and they say, ‘Just let it go and fix it when you get home,’ ” Greer said. “But most of the time when you do that, it is too late.”

The military does not track statistics on custody disputes, but as military divorce rates rise — particularly among enlisted female troops such as Greer — so do child custody struggles in which military service overseas has become a wedge issue, according to experts in military family law.

“More and more, a service member is deployed and the service member’s spouse is seeking to use that to their advantage,” said Greg Rinckey, a former Army judge advocate.

“We are seeing a substantial increase in cases . . . challenging the custody of military parents and the return of custody when they come back from mobilization or deployment, compared to virtually none 10 years ago,” said Mark E. Sullivan, a retired Army Reserve judge advocate who practices family law in North Carolina. The increase has been greatest in states with large military populations, such as Virginia and Texas, he added.

Female troops may be particularly at risk, because mothers are more likely to have custody of children after a divorce. “For them to go away for 15 to 18 months, it opens the door to these challenges,” said A.J. Balbo, Greer’s attorney and a former Army judge advocate.

These conditions create an impossible quandary for service members who are devoted parents and yet must fulfill their obligation to their country, Rinckey and other experts said.

Under Army regulations, soldiers can request emergency leave because of the threat of divorce or related problems at home, although unit commanders retain ultimate discretion to grant approval. However, Balbo said, “most of the time the chain of command is not going to view the custody fight as an emergency.”

“Typically, when someone . . . is on emergency leave, it’s understood that he has a family member who is dying or just died,” said Lt. Col. George Wright, an Army spokesman. “But the regulation clearly states that there are provisions for that type of thing,” he said, referring to marital problems.

The Pentagon has supported protections for deployed troops facing custody disputes, Wright said, including giving them the power to request a delay of at least 90 days in child custody proceedings. President Bush signed such a measure into law in January. Wright said the military has also stepped up programs to help service members and their families cope with the stresses of deployments through counseling.

More than 20 states have passed legislation over the past two years to limit the impact of deployments on custody decisions.

“More states are recognizing the need for statutes which protect the rights of service members and their children,” said Sullivan, who helped write North Carolina’s statute.

The states’ approaches vary, but several prevent deployment from being a factor in determining or modifying custody. In a statute passed this year, Virginia bars any permanent change in custody while a service member is deployed.

Still, such protections are incomplete and do not exist in the District and more than 20 states, including Maryland — which killed a bill similar to Virginia’s in a House committee this year — and Georgia, where Greer’s custody hearing took place.

Congress is expected to hold hearings on the issue next year. Meanwhile, experts said, many cases fall through the cracks, such as that of Army Staff Sgt. Dan Diaz.

Diaz gained temporary custody of his daughter, Talia, in February 2002 because her mother was unfit, Diaz said. But when he deployed to Iraq with his engineer battalion in April 2003, he had to delegate joint custody to his mother and Talia’s mother. When he came back, Talia’s mother refused to return the child.

This year, Florida enacted a statute saying that courts should reinstate custody decrees in place before deployment, but for Diaz, the change came too late.

“If I had not deployed in 2003, I would not have lost custody,” he said. “That’s unfair. We are trying to serve the country, but to lose custody because you did the right thing is pretty hard.” He said he will keep trying to get his daughter back: “If there is a small bit of an opening anywhere, I will take that opening.”

Another problem, legal experts and advocates say, is the military protocol that requires service members to devise a family care plan for dependents before deployment — effectively delegating legal decisions about minor children to a chosen relative. Such military arrangements are not equivalent to legal custody, though, and civilian courts may choose to ignore the care plan if the non-deploying parent challenges it. Yet the range of state approaches to family law makes it all but impossible for the military to create a plan that would be legally binding nationwide, experts said.

“It’s wonderful to have protections” for deployed parents, but they should be adopted at the state not the federal level, Sullivan said. “The federal judges would not know what to do. It would be a nightmare,” he added.

“There’s an imperfect fit between military policy and the civilian family court system,” said Rachel Natelson, coordinator of the Veterans and Servicemembers Project at the Urban Justice Center in New York.

Spec. Jonathan W. Maldonado learned that fact the hard way. Maldonado, currently deployed in the northern Iraqi city of Mosul, is struggling to regain custody of his son and daughter after officials placed them in foster care in New York. He said he gave his mother guardianship and power of attorney over the children. But the courts did not recognize the military’s power-of-attorney arrangements, said Natelson, who is working on Maldonado’s case.

“I can’t contact my kids, I can’t speak with them, and it’s hard ’cause they’re with a foster mother, when they could have been with my family,” Maldonado wrote in an e-mail from Mosul, where he is with the 3rd Armored Cavalry Regiment.

“No one ever wants to help me out in this situation, no one wants to tell me anything, I’m left in the dark pretty much,” he wrote. He plans to return stateside in January and says he will file again for custody.

Such ordeals have become increasingly common recently as the rate of divorce among military members has risen, particularly among enlisted troops in the Marine Corps and Army, the services with the longest deployments.

Nearly 10 percent of enlisted female soldiers and Marines obtained divorces in fiscal 2008, up from 7.1 percent and 8.3 percent, respectively, in 2004.

“There are a lot of single moms out there. This is very worrisome” for them especially, Rinckey said.

Greer was a single mother in Richlands, N.C., when she approached a military recruiter in 2003, in search of a career that would allow her to better provide for her two daughters, Sheressa Carr, then 14, and Mackenzie, then 3. The recruiter told her that the military did not take single parents. (As recently as the 1970s, the military required women to give up their children if they wanted to enlist and discharged those who became pregnant.) Greer signed over custody of Mackenzie to the child’s father, Stephen Greer.

In May 2004, the two married when Stephanie Greer was on leave from training, ending that custody arrangement, and within seven months she left for her first Iraq deployment. The relationship suffered while she was abroad, and Greer filed for divorce after she returned.

Although she gained temporary custody before deployment from Fort Stewart, Ga., Stephen Greer strongly believed that Mackenzie would be better off with him, given the prospect of more deployments by her mother, said his attorney, John Harvey.

Harvey said the main focus of the custody challenge was to emphasize the “positives” of his client, a schoolteacher. But “deployments obviously do affect custody cases,” he said, and “we certainly raised that as an issue” about Stephanie Greer.

“We weren’t attacking her personally for serving her country,” Harvey added.

But in Ramadi, it felt that way to Greer.

“I had to prove I was sending money, and prove I was taking care of her. That is hard to do” while deployed in a combat zone, she said.

Serving with a maintenance unit with the 3rd Infantry Division, Greer had trouble gaining even the most rudimentary contact with Mackenzie, waiting over the course of weeks in long lines for the phone where her combat brigade was based, trying repeatedly to reach her daughter. Meanwhile, Greer needed to stay alert for fellow soldiers and their mission. “We are trained tears are a sign of weakness,” she said. “I had to keep my composure for my soldiers.”

Greer returned home in the spring, and her custody hearing was held in June, after which the judge took seven days to make a decision. “It was the worst week in my life,” Greer recalled in an interview at her home at Fort Lee, an Army base near Richmond.

Finally the phone call came from her attorney. Mackenzie, now 8, was to stay with Greer. Her father, now in Jacksonville, N.C., would get regular visitation. “I think I blacked out,” Greer said. In a blur, she put down the phone and went flying out the door, embracing her daughter and sobbing.

“I guess I get to stay with you, don’t I?” Mackenzie asked. All Greer could do was cry.

Staff researchers Julie Tate and Madonna Lebling contributed to this report.

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