| "Only dull people are brilliant at breakfast" -Oscar Wilde |
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"The liberal soul shall be made fat, and he that watereth, shall be watered also himself." -- Proverbs 11:25 |
President Bush has quietly claimed the authority to disobey more than 750 laws enacted since he took office, asserting that he has the power to set aside any statute passed by Congress when it conflicts with his interpretation of the Constitution.
Among the laws Bush said he can ignore are military rules and regulations, affirmative-action provisions, requirements that Congress be told about immigration services problems, ''whistle-blower" protections for nuclear regulatory officials, and safeguards against political interference in federally funded research.
Legal scholars say the scope and aggression of Bush's assertions that he can bypass laws represent a concerted effort to expand his power at the expense of Congress, upsetting the balance between the branches of government. The Constitution is clear in assigning to Congress the power to write the laws and to the president a duty ''to take care that the laws be faithfully executed." Bush, however, has repeatedly declared that he does not need to ''execute" a law he believes is unconstitutional.
Former administration officials contend that just because Bush reserves the right to disobey a law does not mean he is not enforcing it: In many cases, he is simply asserting his belief that a certain requirement encroaches on presidential power.
But with the disclosure of Bush's domestic spying program, in which he ignored a law requiring warrants to tap the phones of Americans, many legal specialists say Bush is hardly reluctant to bypass laws he believes he has the constitutional authority to override.
Far more than any predecessor, Bush has been aggressive about declaring his right to ignore vast swaths of laws -- many of which he says infringe on power he believes the Constitution assigns to him alone as the head of the executive branch or the commander in chief of the military.
Many legal scholars say they believe that Bush's theory about his own powers goes too far and that he is seizing for himself some of the law-making role of Congress and the Constitution-interpreting role of the courts.
Phillip Cooper, a Portland State University law professor who has studied the executive power claims Bush made during his first term, said Bush and his legal team have spent the past five years quietly working to concentrate ever more governmental power into the White House.
''There is no question that this administration has been involved in a very carefully thought-out, systematic process of expanding presidential power at the expense of the other branches of government," Cooper said. ''This is really big, very expansive, and very significant."
U.S. Says It Fears Detainee Abuse in Repatriation
A long-running effort by the Bush administration to send home many of the terror suspects held at Guantánamo Bay, Cuba, has been stymied in part because of concern among United States officials that the prisoners may not be treated humanely by their own governments, officials said.
Administration officials have said they hope eventually to transfer or release many of the roughly 490 suspects now held at Guantánamo. As of February, military officials said, the Pentagon was ready to repatriate more than 150 of the detainees once arrangements could be made with their home countries.
But those arrangements have been more difficult to broker than officials in Washington anticipated or have previously acknowledged, raising questions about how quickly the administration can meet its goal of scaling back detention operations at Guantánamo.
"The Pentagon has no plans to release any detainees in the immediate future," said a Defense Department spokesman, Lt. Cmdr. Jeffrey Gordon of the Navy. He said the negotiations with foreign governments "have proven to be a complex, time-consuming and difficult process."
The military has so far sent home 267 detainees from Guantánamo after finding that they had no further intelligence value and either posed no long-term security threat or would reliably be imprisoned or monitored by their own governments. Most of those who remain are considered more dangerous militants; many also come from nations with poor human rights records and ineffective justice systems.
Detainees at the U.S. military prison at Guantanamo Bay, Cuba, were shackled to the floor in fetal positions for more than 24 hours at a time, left without food and water, and allowed to defecate on themselves, an FBI agent who said he witnessed such abuse reported in a memo to supervisors, according to documents released yesterday.
In memos over a two-year period that ended in August, FBI agents and officials also said that they witnessed the use of growling dogs at Guantanamo Bay to intimidate detainees -- contrary to previous statements by senior Defense Department officials -- and that one detainee was wrapped in an Israeli flag and bombarded with loud music in an apparent attempt to soften his resistance to interrogation.
In addition, several agents contended that military interrogators impersonated FBI agents, suggesting that the ruse was aimed in part at avoiding blame for any subsequent public allegations of abuse, according to memos between FBI officials.
[snip]
Some of the FBI memos were written this year after a request from agency headquarters for firsthand accounts of abuse of detainees, officials said.
An overall theme of the documents is a chasm between the interrogation techniques followed by the FBI and the more aggressive tactics used by some military interrogators. "We know what's permissible for FBI agents but are less sure what is permissible for military interrogators," one FBI official said in a lengthy e-mail on May 22, 2004.
In another e-mail, dated Dec. 5, 2003, an agent complained about military tactics, including the alleged use of FBI impersonators. "These tactics have produced no intelligence of a threat neutralization nature to date and . . . have destroyed any chance of prosecuting this detainee," the agent wrote. "If this detainee is ever released or his story made public in any way, DOD interrogators will be not be held accountable because these torture techniques were done [by] the 'FBI' interrogators."
In another e-mail, an unidentified FBI agent describes at least three incidents involving Guantanamo detainees being chained to the floor for extended periods of time and being subjected to extreme heat, extreme cold or "extremely loud rap music."
"On a couple of occasions, I entered interview rooms to find a detainee chained hand and foot in a fetal position to the floor, with no chair, food or water," the FBI agent wrote on Aug. 2, 2004. "Most times they had urinated or defecated on themselves, and had been left there for 18 to 24 hours or more."
In one case, the agent continued, "the detainee was almost unconscious on the floor, with a pile of hair next to him. He had apparently been literally pulling his own hair out throughout the night."

"...it's the role of the Federal Trade Commission to assure me that my inclination and instinct is right."
Federal prosecutors are investigating whether two contractors implicated in the bribery of former Rep. Randall "Duke" Cunningham supplied him with prostitutes and free use of a limousine and hotel suites, pursuing evidence that could broaden their long-running inquiry.
Besides scrutinizing the prostitution scheme for evidence that might implicate contractor Brent Wilkes, investigators are focusing on whether any other members of Congress, or their staffs, may also have used the same free services, though it isn't clear whether investigators have turned up anything to implicate others.
In recent weeks, Federal Bureau of Investigation agents have fanned out across Washington, interviewing women from escort services, potential witnesses and others who may have been involved in the arrangement. In an interview, the assistant general manager of the Watergate Hotel confirmed that federal investigators had requested, and been given, records relating to the investigation and rooms in the hotel. But he declined to disclose what the records show. A spokeswoman for Starwood Inc., Westin's parent company, said she wasn't immediately able to get information on whether the Westin Grand had been contacted by investigators.
[snip]
If investigators find that any other members of Congress or their staffs received services at so-called hospitality suites, that could help make a case that they had illegally taken action to benefit Mr. Wilkes in return for favors from him. Mr. Wilkes, his family members and his employees were heavy campaign contributors to several members of Congress. But prosecutors so far apparently haven't found any evidence that other members of Congress had been bribed.
Mr. Wade told investigators that he had knowledge only of the service being provided to Mr. Cunningham, not anyone else, and has said he doesn't know whether Mr. Wilkes may have provided prostitutes or other free entertainment to anyone besides Mr. Cunningham.
K. Lee Blalack II, Mr. Cunningham's lawyer, said, "I have no comment on that" when asked about his client's alleged use of prostitutes. Mr. Cunningham, 64 years old, currently is undergoing a routine medical evaluation at the Butner Federal Correctional Complex in North Carolina.
People close to the case said prosecutors had hoped that Mr. Wilkes, like Mr. Wade, would plead guilty and turn over information relevant to the investigation. Now that he has indicated he won't do so, prosecutors are hunting for evidence to bolster any potential case against him.
Meanwhile, prosecutors are looking at whether they can make corruption cases against other lawmakers based on Mr. Wilkes's campaign contributions to them. But lawyers expert in campaign-finance and criminal law say such cases are far more difficult to prove than those involving outright bribery. The government must show a direct "quid pro quo" that a lawmaker has taken action on a particular bill solely because of a campaign contribution.
...those under intense scrutiny by the FBI are current and former lawmakers on Defense and Intelligence comittees—including one person who now holds a powerful intelligence post.
has been almost five years since the terrorist attacks of 9/11, and most Americans have fallen back to sleep. They've forgotten who our enemy is: extremist Islam. They've forgotten why the Patriot Act was enacted. They've forgotten why it was necessary for the NSA to listen in on phone calls of Muslims in America to their friends overseas. They've forgotten why it is necessary that many Islamic charities allegedly funding hospitals and orphanages must be shut down (because as on 9/11, they fund acts and groups that continue to put people in hospitals and orphanages).
That's why "United 93" should be required movie viewing for all Americans who love freedom . . . while we still have it. This movie is the wake-up call that needs to be visited upon anyone who questions why our government responded the way it did when nearly 3,000 innocent Americans were murdered by Islamic terrorists.

Senate Republicans tried on Thursday to get the upper hand in the escalating political battle over high gasoline prices by proposing a $100 rebate for taxpayers and by suggesting that they might increase taxes on oil-industry profits.
The Republican proposal also called for opening the Arctic National Wildlife Refuge to oil production, a provision sure to draw opposition from many Democrats and even some Republicans.
"The American consumer is the one that needs the break today, and we need to be taking steps to make sure that they aren't emptying their wallet every time they fill their tank," said Senator John Thune, Republican of South Dakota, as the leadership unveiled its legislative response to an issue quickly taking over the Congressional agenda.
Gov. Jon Corzine said he may consider lifting a 57-year-old law that makes the state only one of two where people can't pump their own gas.
A repeal of the ban against self-service gas stations may save consumers as much as 5 cents a gallon, said state Sen. Gerald Cardinale. Lower prices would soften the impact of a gas- tax increase, which Corzine hasn't ruled out as a way to fund road and bridge work.
''It's worthy of a debate," Corzine, a Democrat who took office in January, said last week in response to questions about eliminating the self-serve ban. ''It's certainly one of those things that one might want to pair with" a gas tax increase.
The CIA has imposed new and tighter restrictions on the books, articles, and opinion pieces published by former employees who are still contractors with the intelligence agency. According to several former CIA officials affected by the new policy, the rules are intended to suppress criticism of the Bush administration and of the CIA. The officials say the restrictions amount to an unprecedented political "appropriateness" test at odds with earlier CIA policies on outside publishing.
The move is a significant departure from the CIA's longtime practice of allowing ex-employees to take critical or contrary positions in public, particularly when they are contractors paid to advise the CIA on important topics and to publish their assessments.
All current and former CIA employees have long been required to submit manuscripts for books, opinion pieces, and even speeches to the agency's Publications Review Board, which ensures that the works don't reveal classified information or intelligence sources and methods. The board has not generally factored political opinions into its decision-making, former CIA officials say. But in recent years, former employees have written memoirs and opinion pieces challenging the CIA and the Bush administration, particularly for its use of prewar intelligence to justify the war in Iraq. The board did not find that any of those pieces revealed secrets, a fact that makes the CIA's new review standards troubling, former officials and intelligence-community analysts said.
Many of those experts believe that public criticism provides an important source of alternative analysis -- something the CIA needs to understand terrorism, global disease, and other emerging threats. But the White House and CIA Director Porter Goss view spies-turned-authors as political liabilities who embarrass an already battered administration, former officials said.
As much as anything else, Bush defenders are characterized by an increasingly absolutist refusal to recognize any facts which conflict with their political desires, and conversely, by a borderline-religious embrace of any assertions which bolster those desires. It's a world-view which conflates desire with reality, disregards all facts and evidence that conflict with the decreed beliefs, and faithfully embraces any assertions and fantasies, no matter how baseless and flagrantly false, provided that they bolster the mythology.
Thus, things are going really great in Iraq - just as we predicted they would. When we invaded, Saddam had WMD's and he was funding Al Qaeda. Oil revenues will pay for the whole thing, we will be welcomed as liberators, the whole war will be won quickly and easily. A large military presence is unnecessary because there is no insurgency. Bush is a popular and beloved President. All but a handful of radical fringe subversives in America support the war and believe terrorism is the overarching problem. Americans want to militarily confront Iran, want illegal warrantless eavesdropping, and are happy with how the country is being governed.
It never matters how much evidence arises demonstrating the falsity of these beliefs. They are not susceptible to challenge or reconsideration because they are the by-product of faith and desire and not a critical or rational assessment. They believe these things because they want to believe them, they have to believe them, because the whole world-view on which their identity and purpose has come to be based -- the brave, heroic President leading the great conservative nation in glorious, epic war-triumph over the evil Muslim enemy -- depends upon believing these myths. No facts can shake these beliefs because they aren't grounded in facts and aren't the by-product of rationality.
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Soon after 9/11, the Bush movement became driven by much more than a set of political beliefs. It provides its adherents with much more than just a vehicle for political activism. It gives them purpose and a feeling of strength and power that they otherwise lack. In that sense, it is not dissimilar to a religion, and it is therefore unsurprising -- but nontheless ugly and destructive -- that their beliefs and convictions are not grounded in facts and reality but in a resolute faith that cannot be shaken by facts. Every event is interpreted so as to bolster the faith, facts are disregarded which undermine the faith and fact-free assertions are embraced which confirm the faith.
AUTHORS struggle, mostly in vain, against their fated obscurity. According to Nielsen Bookscan, which tracks sales from major booksellers, only 2 percent of the 1.2 million unique titles sold in 2004 had sales of more than 5,000 copies.
The FDA is responsible for protecting the public health by assuring the safety, efficacy, and security of human and veterinary drugs, biological products, medical devices, our nation’s food supply, cosmetics, and products that emit radiation. The FDA is also responsible for advancing the public health by helping to speed innovations that make medicines and foods more effective, safer, and more affordable; and helping the public get the accurate, science-based information they need to use medicines and foods to improve their health.
Former FDA Commissioner Lester Crawford, Dr. Janet Woodcock, deputy operations commissioner, and Dr. Steven Galson, director of the FDA's drug evaluation center, are to testify in court-ordered depositions to be taken by attorneys for the Manhattan-based Center for Reproductive Rights on April 26, 27 and 28 in Washington, D.C. and Rockville, Md.
The women's group seeks to force approval of over-the-counter sales of Plan B, which can prevent pregnancy if taken within 72 hours after unprotected intercourse.
Simon Heller, one of the attorneys, plans to quiz Woodcock about a March 23, 2004, staff memo suggesting she was concerned Plan B might lead to teenage promiscuity.
The FDA is only supposed to consider the safety and efficacy of drugs.
In the memo released by the FDA during the discovery process, Dr. Curtis Rosebraugh, an agency medical officer, wrote: "As an example, she stated that we could not anticipate, or prevent extreme promiscuous behaviors such as the medication taking on an 'urban legend' status that would lead adolescents to form sex-based cults centered around the use of Plan B."
Rosebraugh indicated he found no reason to bar nonprescription sales of Plan B.
"This was the level of scientific discourse, so to speak," Heller said in a phone interview, referring to concerns attributed to Woodcock. "I find it very odd that these people who are supposed to be responsible scientists and doctors are making up wacky reasons."
The nation seems, very belatedly, to be catching on to the tragic failures and monumental ineptitude of its president. Mr. Bush's poll numbers are abysmal. Republicans up for re-election are running from him as if he were the bogyman.
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In the current issue of Rolling Stone, Sean Wilentz, a distinguished historian and the director of the American Studies program at Princeton University, takes a serious look at the possibility that Mr. Bush may be the worst president in the nation's history.
What in the world took so long? Some of us have known since the moment he hopped behind the wheel that this reckless president was driving the nation headlong toward a cliff.
The worst thing he did, of course, was to employ a massive campaign of deceit to lead the nation into a catastrophic war in Iraq — a war with no end in sight that has already claimed tens of thousands of lives and inflicted scores of thousands of crippling injuries.
When he was a young man, Mr. Bush used the Air National Guard to hide out from the draft in a time of war. Then, as president, he's suddenly G. I. George, strutting around in a flight suit, threatening to wage war on all and sundry, and taunting the insurgents in Iraq with a cry of "bring them on."
[snip]
Among the complaints in the Cato study is that the Bush administration has taken the position that despite validly enacted laws to the contrary, the president cannot be restrained "from pursuing any tactic he believes to be effective in the war on terror."
This view has led to activities that I believe have brought great shame to the nation: the warrantless spying on Americans, the abuses at Abu Ghraib, the creation of the C.I.A.'s network of secret prisons, extraordinary rendition and the barbaric encampment at Guantánamo Bay, Cuba, in which detainees are held, without regard to guilt or innocence, in a nightmarish no man's land beyond the reach of any reasonable judicial process.
The sins of the Bush administration are so extensive and so egregious, they could never be adequately addressed in a newspaper column. History will be the final judge. But I've no doubt about the ultimate verdict.
Remember the Clinton budget surplus?
It was the largest in American history. President Bush and his cronies went after it like vultures feasting in a field of carcasses. They didn't invest the surplus. They devoured it.
Remember how most of the world responded with an extraordinary outpouring of sympathy and support for America in the immediate aftermath of Sept. 11?
Mr. Bush had no idea how to seize that golden opportunity to build new alliances and strengthen existing ones. Much of that solidarity with America has morphed into outright hostility.
Remember Katrina?
The major task of Congress and the voters for the remainder of the Bush presidency is to curtail the destructive impulses of this administration, and to learn the lessons that will prevent similar horrors from ever happening again.
"This administration," he told us, "doesn't know how to govern the country. But they are brilliant at intimidating Democrats." Obviously, they don't intimidate him at all. He speaks his mind because he believes in his core values and principles. Voters sense that. When Kerry, whose public perception was wishy-washy and someone with a weak value-system, squeaked by to a 10,000 vote victory in Wisconsin, Feingold's far more progressive and outspoken positions garnered him a 300,000 vote victory, despite an avalanche of right-wing money pouring into the unfathomably filthy campaign against him. But it wasn't really about the policy positions per se. It was about the man and how he makes decisions and what he's made of.
We desperately need accountability in Washington, and to that end, we need to restore a system of checks and balances. The best way to do that is by putting the Democrats in the majority in one or both houses. Then -- and only then -- will we be able to look into the Bush Administration's many transgressions, such as with respect to the war in Iraq, the leaking of classified information, and the use of warrantless wiretaps.
The countdown has begun on the life of Andrea Clark, a patient at St. Luke's Hospital.
Six days left.
No, she's not terminal, her family says and she's not brain dead. Her sisters say that she wants to live. The Houston hospital is going to unilaterally remove a woman from life support, apparently based on the decision of a lone physician even though her family wants her to continue to receive care.
The central issue in the Andrea Clark case is the same as that in the Terri Schindler Schiavo case, whether the state should be able to sanction the removal of a human being from life support.
What's even more significant in the Clark case is that the Texas bill that allows health care providers to end a human life despite the wishes of the patient and the patient's family was signed into law in 1999 by President George W. Bush as Texas Governor. However, in 2005, he rushed back to the White House from Easter vacation to sign a bill rushed through Congress which was designed to save the life of Terri Schiavo because of his "presumption in favor of life".
The hospital's ethics committee has apparently decided they don't want Andrea Clark to receive care anymore, saying its futile, and has recommended that she be removed from life support despite her family's wishes. If her family can't find another hospital to transfer her to by Sunday, April 30, she will be removed from her respirator and dialysis and die.
Andrea Clark, 54, has been a heart patient at the hospital since November. In January, she underwent open heart surgery and in February, she developed bleeding on the brain.
I can't wait until the Republicans control the Presidency, the House and the Senate. Then they will change the way that the ACLU not only sues to destroy the fabric of our society, but they get paid from the govt coffers for doing it. Just you wait, the things that the libs have done to the system over the years will be returned to balance.
It's taken over five years, but George W. Bush finally made a concession speech to Al Gore.
He conceded that America needs to conserve, by buying hybrid vehicles and developing new energy sources.
Trying to calm the yips in his party and the country over exploding gasoline prices, the president sounded a bit like a wild-eyed Ozone Man himself yesterday, extolling the virtues of alternative fuel derived from cooking grease, sugar, grass, wood chips, soybean oil and corn.
But then he got ahold of himself. "You just got to recognize there are limits to how much corn can be used for ethanol," he said, standing in front of a bucolic mural. "After all, we got to eat some."
You could run a fleet of S.U.V.'s on the gas that W. was spewing about fuel. Bill Clinton would have been more likely to crack down on fast food than W. and Dick Cheney would be to crack down on Big Oil.
Even the usually supportive Wall Street Journal editorial page chastised Republicans for putting on "Chuck Schumer and Nancy Pelosi fright wigs" to shout about corporate greed and market manipulation.
W.'s big move was to ever so slightly beef up a federal investigation into oil company price manipulation that's been under way since Katrina. "It's a great idea," said the Democratic leader, Senator Harry Reid. "So good that we passed a law last year calling for that."
Price manipulation could explain the marginal — why gas went from, say, $2.70 to $2.90 — but not why gas went from $1.40 to $2.70. That's more about fundamental forces: Chinese and Indian demand, markets spooked by Iran's threats, Nigeria's unrest, Venezuela's talk of nationalizing its oil industry, and the Pentagon's bungling of the restoration of Iraq's infrastructure.
Gasoline prices may be hurting average folks, but the oilers who helped put the Boy King and the Duke of Halliburton in office with lavish donations are enjoying record profits and breathtaking bonuses.
The Oilmen in the Oval, incompetent in so many ways, have brilliantly achieved one of their main objectives: boosting the fortunes of the oil industry and the people who run it.
All those secret meetings the vice president had back in 2001, letting the energy and oil big shots help write our energy policy — one that urged more oil and gas drilling — worked like a charm. In all their years in government, Mr. Cheney and the Bushes have never done anything to hold the oil companies' feet to the fire, or get Americans' feet off the gas pedal.
President Bush on Tuesday ordered a temporary suspension of environmental rules for gasoline, making it easier for refiners to meet demand and possibly dampen prices at the pump. He also halted for the summer the purchase of crude oil for the government's emergency reserve.
[snip]
Easing the environment rules will allow refiners greater flexibility in providing oil supplies since they will not have to use certain additives such as ethanol to meet clean air standards. The suspension of oil purchases for the federal emergency oil reserve is likely to have only modest impact since relative little extra oil will be involved.
