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U.S. Cites ‘Secrets’ Privilege to Stop Suit on Banking Records
2007-08-31, New York Times
http://www.nytimes.com/2007/08/31/us/nationalspecial3/31swift.html?ex=1346212...

The Bush administration ... plans to turn again to a legal tool, the “state secrets” privilege, to try to stop a suit against a Belgian banking cooperative [known as Swift] that secretly supplied millions of private financial records to the United States government. The “state secrets” privilege, allowing the government to shut down litigation on national security grounds, was once rarely used. The Bush administration has turned to it more than 30 times, seeking to end public discussion of cases like the claims of an F.B.I. whistle-blower and the abduction of a German terrorism suspect. Most notably, the administration has sought to use the privilege to kill numerous suits against telecommunications carriers over the National Security Agency’s eavesdropping program. Swift is considered the nerve center of the global banking industry, routing trillions of dollars each day among banks, brokerage houses and other financial institutions. Its partnership with Washington ... gave Central Intelligence Agency and Treasury Department officials access to millions of records on international banking transactions. Months after the Sept. 11, 2001, attacks, Swift began turning over large chunks of its database in response to a series of unusually broad subpoenas from the Treasury Department. Two American banking customers ... sued Swift on invasion-of-privacy grounds. [Steven E. Schwarz, the lawyer for the plaintiffs, said the Swift program] “is an Orwellian example of government overreaching and unfettered access to private financial information that is not consistent with the values upon which our country was founded. We’ve seen a real erosion of the ‘state secrets’ privilege in the last year. I think it is from overuse. We’ve seen it used in record numbers, in situations where it was inappropriate, and the courts are starting to recognize that.”

Government secrecy up despite exposure of issue
2007-08-31, Seattle Post-Intelligencer/Cox News Service
http://seattlepi.nwsource.com/national/329978_secrecy02.html

Government secrecy is expanding at an unprecedented clip, despite growing public concern about barriers to information. OpenTheGovernment.org reports that stamping government documents "secret" cost American taxpayers $8.2 billion last year -- a 7.5 percent increase over the year before. The coalition found that for every dollar spent declassifying documents, the federal government spends $185 to conceal government documents. Open-government advocates blame the policies of the Bush administration. "The current administration has increasingly refused to be held accountable to the public," said Patrice McDermott, executive director of the coalition of conservative and liberal groups concerned about government secrecy. "These practices lead to the circumscription of democracy." Among the findings from the report: Businesses enjoyed a no-bid process for 26 percent, or $107.5 billion, of the federal government's business last year. President Bush has issued at least 151 signing statements challenging 1,149 provisions of laws passed by Congress. The Defense Department has more than doubled in real terms the amount it spends on classified weapons acquisitions since 1995. The number of documents [classified in 2006] ballooned to 20.3 million, up by 43 percent. And those figures do not include the untold number of documents that are locked away by federal agencies in categories known as "pseudo-classification." These are unclassified documents that government bureaucrats deem too sensitive for public consumption. The report also found that the Bush administration has invoked a legal tool known as the "state secrets" privilege more than any other previous administration to get cases thrown out of civil court.

Defense Dept. pays $1B to outside analysts
2007-08-29, USA Today
http://www.usatoday.com/news/washington/2007-08-29-dia_N.htm

The Defense Department is paying private contractors more than $1 billion in more than 30 separate contracts to collect and analyze intelligence for the four military services and its own Defense Intelligence Agency, according to contract documents and a Pentagon spokesman. The disclosure marks the first time a U.S. intelligence service has made public its outside payments. Intelligence payments to contractors have climbed dramatically since the terror attacks in September 2001, but none had been made public, according to a report filed in April by the Office of the Director of National Intelligence. Outside contracting ... places critical security tasks and sensitive information in the hands of private parties, says Steven Aftergood, a government secrecy specialist at the Federation of American Scientists, a Washington privacy group. "Private contractors don't have to undergo congressional oversight or justify their budgets to appropriators," Aftergood says. "We're starting to create a new kind of intelligence bureaucracy, one that is both more expensive and less accountable (than government's own intelligence agencies)." Most of the contracts, which extend up to five years, pay for analysis of intelligence data and for related services, such as translation and interpretation of photo and electronic intelligence. A small fraction, which [a Pentagon spokesman] declined to specify, pay for private spies. Private contractors often hire former intelligence officers, sometimes leasing them back at higher salaries to the agencies that first recruited and trained them.

Tenn. Nuclear Fuel Problems Kept Secret
2007-08-20, Washington Post/Associated Press
http://www.washingtonpost.com/wp-dyn/content/article/2007/08/20/AR20070820010...

A three-year veil of secrecy in the name of national security was used to keep the public in the dark about the handling of highly enriched uranium at a nuclear fuel processing plant -- including a leak that could have caused a deadly, uncontrolled nuclear reaction. The leak turned out to be one of nine violations or test failures since 2005 at privately owned Nuclear Fuel Services Inc., a longtime supplier of fuel to the U.S. Navy's nuclear fleet. The public was never told about the problems when they happened. The Nuclear Regulatory Commission revealed them for the first time last month when it released an order demanding improvements at the company, but no fine. In 2004, the government became so concerned about releasing nuclear secrets that the commission removed more than 1,740 documents from its public archive -- even some that apparently involved basic safety violations at the company. Environmental activists are still suspicious of the belated revelations and may challenge the commission's decision not to fine Nuclear Fuel Services for the safety violations. "That party is not over -- the full story of what is going on up there," said Ann Harris, a member of the Sierra Club's national nuclear task force. While reviewing the commission's public Web page in 2004, the Department of Energy's Office of Naval Reactors found what it considered protected information about Nuclear Fuel Service's work for the Navy. The commission responded by sealing every document related to Nuclear Fuel Services. Under the policy, all the documents were stamped "Official Use Only," including papers about the policy itself and more than 1,740 documents from the commission's public archive.

Defense Agency Proposes Outsourcing More Spying
2007-08-19, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2007/08/18/AR20070818009...

The Defense Intelligence Agency is preparing to pay private contractors up to $1 billion to conduct core intelligence tasks of analysis and collection over the next five years, an amount that would set a record in the outsourcing of such functions by the Pentagon's top spying agency. The proposed contracts ... reflect a continuing expansion of the Defense Department's intelligence-related work and fit a well-established pattern of Bush administration transfers of government work to private contractors. Since 2000, the value of federal contracts signed by all agencies each year has more than doubled to reach $412 billion, with the largest growth at the Defense Department. Outsourcing particularly accelerated among intelligence agencies after the [Sept. 11] 2001 terrorist attacks. The DIA's action comes a few months after CIA Director Michael V. Hayden, acting under pressure from Congress, announced a program to cut the agency's hiring of outside contractors by at least 10 percent. The DIA is the country's major manager and producer of foreign military intelligence, with more than 11,000 military and civilian employees worldwide and a budget of nearly $1 billion. It has its own analysts from the various services as well as collectors of human intelligence in the Defense HUMINT Service. DIA also manages the Defense attaches stationed in embassies all over the world. Unlike the CIA, the DIA outsources the major analytical products known as all-source intelligence reports, a senior intelligence official said.

Same Agencies to Run, Oversee Surveillance Program
2007-08-07, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2007/08/06/AR20070806013...

The Bush administration plans to leave oversight of its expanded foreign eavesdropping program to the same government officials who supervise the surveillance activities and to the intelligence personnel who carry them out, senior government officials said yesterday. The law, which permits intercepting Americans' calls and e-mails without a warrant if the communications involve overseas transmission, gives Director of National Intelligence Mike McConnell and Attorney General Alberto R. Gonzales responsibility for creating the broad procedures determining whose telephone calls and e-mails are collected. It also gives McConnell and Gonzales the role of assessing compliance with those procedures. The law ... does not contain provisions for outside oversight -- unlike an earlier House measure that called for audits every 60 days by the Justice Department's inspector general. The controversial changes to the 1978 Foreign Intelligence Surveillance Act were approved by both chambers of the Democratic-controlled Congress despite privacy concerns raised by Democratic leaders and civil liberties advocacy groups. Central to the new program is the collection of foreign intelligence from "communication service providers," which the officials declined to identify, citing secrecy concerns. Under the new law, the attorney general is required to draw up the governing procedures for surveillance activity, for approval by the Foreign Intelligence Surveillance Court. Once the procedures are established, the attorney general and director of national intelligence will formally certify that the collection of data is authorized. But the certification will be placed under seal "unless the certification is necessary to determine the legality of the acquisition," according to the law signed by Bush.

Bush administration defends spy law
2007-08-07, Los Angeles Times
http://www.latimes.com/news/la-na-intel7aug07,0,1631228.story

The Bush administration rushed to defend new espionage legislation Monday amid growing concern that the changes could lead to increased spying by U.S. intelligence agencies on American citizens. But officials declined to provide details about how the new capabilities might be used by the National Security Agency and other spy services. And in many cases, they could point only to internal monitoring mechanisms to prevent abuse of the new rules that appear to give the government greater authority to tap into the traffic flowing across U.S. telecommunications networks. Officials rejected assertions that the new capabilities would enable the government to cast electronic "drift nets" that might ensnare U.S. citizens [and] that the new legislation would amount to the expansion of a controversial — and critics contend unconstitutional — warrantless wiretapping program that President Bush authorized after the 9/11 attacks. Intelligence experts said there were an array of provisions in the new legislation that appeared to make it possible for the government to engage in intelligence-collection activities that the Bush administration officials were discounting. "They are trying to shift the terms of the debate to their intentions and away from the meaning of the new law," said Steven Aftergood, an intelligence policy analyst at the Federation of American Scientists. "The new law gives them authority to do far more than simply surveil foreign communications abroad," he said. "It expands the surveillance program beyond terrorism to encompass foreign intelligence. It permits the monitoring of communications of a U.S. person as long as he or she is not the primary target. And it effectively removes judicial supervision of the surveillance process."

Airlines Sue FBI, CIA Over Sept. 11
2007-08-07, Associated Press
http://money.aol.com/news/articles/_a/airlines-sue-fbi-cia-over-sept-11/n2007...

Airlines and aviation-related companies sued the CIA and the FBI on Tuesday to force terrorism investigators to tell whether the aviation industry was to blame for the Sept. 11 attacks. The two lawsuits in U.S. District Court in Manhattan sought court orders for depositions as the aviation entities build their defenses against lawsuits seeking billions of dollars in damages for injuries, fatalities, property damage and business losses related to Sept. 11, 2001. The aviation companies said the agencies in a series of boilerplate letters had refused to let them depose two secret agents, including the 2001 head of the CIA's special Osama bin Laden unit, and six FBI agents with key information about al-Qaida and bin Laden. The [plaintiffs] said they were entitled to present evidence to show the terrorist attacks did not depend upon negligence by any aviation defendants and that there were other causes of the attacks. In the CIA lawsuit, companies ... asked to interview the deputy chief of the CIA's bin Laden unit in 2001 and an FBI agent assigned to the unit at that time. The names of both are secret. In the FBI lawsuit, the companies asked to interview five former and current FBI employees who had participated in investigations of al-Qaida and al-Qaida operatives before and after Sept. 11. Those individuals included Coleen M. Rowley, the former top FBI lawyer in its Minneapolis office, who sent a scathing letter to FBI Director Robert S. Mueller in May 2002 complaining that a supervisor in Washington interfered with the Minnesota investigation of Zacarias Moussaoui weeks before the Sept. 11 attacks. Requests to interview the agents were rejected as not sufficiently explained, burdensome or protected by investigative or attorney-client privilege, the lawsuits said.

Note: For a concise summary of reliable, verifiable information on the 9/11 coverup, click here.

Abu Ghraib whistleblower's ordeal
2007-08-05, BBC
http://news.bbc.co.uk/2/hi/middle_east/6930197.stm

When Joe Darby saw the horrific photos of abuse at Abu Ghraib prison he was stunned. So stunned that he walked out into the hot Baghdad night and smoked half a dozen cigarettes and agonised over what he should do. Darby was a ... soldier with US forces at Abu Ghraib prison when he stumbled across those images which would eventually shock the world in 2004. They were photographs of his colleagues, some of them men and women he had known since high school -- torturing and abusing Iraqi prisoners. His decision to hand them over rather than keep quiet changed his life forever. He fears for the safety of his family. Joe Darby knew what he saw was wrong, but it took him three weeks to decide to hand those photographs in. When he finally did, he was promised anonymity and hoped he would hear no more about it. But he was scared of the repercussions. And then he was sitting in a crowded Iraqi canteen with hundreds of soldiers and Donald Rumsfeld came on the television to thank Joe Darby by name for handing in the photographs. "I don't think it was an accident because those things are pretty much scripted," Mr Darby says. "I really find it hard to believe that the secretary of defence of the United States has no idea about the star witness for a criminal case being anonymous." Rather than turn on him for betraying colleagues, most of the soldiers in his unit shook his hand. It was at home where the real trouble started. His wife ...had to flee to her sister's house which was then vandalised with graffiti. Many in his home town called him a traitor. But he does not see himself as a hero, or a traitor. Just "a soldier who did his job - no more, no less. I've never regretted for one second what I did when I was in Iraq, to turn those pictures in," he says.

Author investigates Roswell
2007-08-05, Philadephia Enquirer (Philadelphia's leading newspaper)
http://www.philly.com/inquirer/local/pa/montgomery/nabes/20070805_Author_inve...

Tom Carey has dedicated the last 16 years of his life to uncovering what exactly happened on July 4, 1947, outside Roswell, N.M. Now, along with coauthor Don Schmitt, [he] has published Witness to Roswell: Unmasking the 60-year Cover-Up, documenting his findings concerning the alleged extraterrestrial event. "The goal was to write a book for those not already initiated in the Roswell case," said Carey, 66. "We wanted to do something that would interest the general public." Though originally rejected by 11 of 12 publishers contacted, the book is in its fourth printing of 10,000 copies. And curiosity continues to grow. After a recent interview on Art Bell's Coast to Coast AM show, Carey said Amazon.com logged 2,000 sales the next day. What has made the book so explosive, Carey said, are two previously unreleased "smoking-gun documents." The new testimony includes the heretofore sealed affidavit of recently deceased First Lieutenant Walter G. Haut attesting to the bizarre debris and bodies recovered from the crash site. The second, a note scribbled by former Roswell Army Air Field base adjutant Patrick Saunders ... appears to confirm the Air Force's coverup of the incident. Carey acknowledges that there are some "kooks" involved in the field of UFOlogy, but his mission has been to use science to take the fiction out of science fiction. "This is a historical mystery that just happens to involve UFOs," he said. A former anthropology student at the University of Toronto, Carey said he has always been more interested in the empirical evidence as opposed to intangibles such as alien abductions and crop circles.

Note: For a succinct summary of powerful testimony on UFOs by military personnel and pilots, click here.

Ruling Limited Spying Efforts
2007-08-03, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2007/08/02/AR20070802026...

A federal intelligence court judge earlier this year secretly declared a key element of the Bush administration's wiretapping efforts illegal, according to a lawmaker and government sources, providing a previously unstated rationale for fevered efforts by congressional lawmakers this week to expand the president's spying powers. House Minority Leader John A. Boehner (R-Ohio) disclosed elements of the court's decision in remarks ... to Fox News as he was promoting the administration-backed wiretapping legislation. The judge, whose name could not be learned, concluded early this year that the government had overstepped its authority in attempting to broadly surveil communications between two locations overseas that are passed through routing stations in the United States. The decision was both a political and practical blow to the administration, which had long held that all of the National Security Agency's enhanced surveillance efforts since 2001 were legal. The administration for years had declined to subject those efforts to the jurisdiction of the Foreign Intelligence Surveillance Court, and after it finally did so in January the court ruled that the administration's legal judgment was at least partly wrong. The practical effect has been to block the NSA's efforts to collect information from a large volume of foreign calls and e-mails that passes through U.S. communications nodes clustered around New York and California. Both Democrats and Republicans have signaled they are eager to fix that problem through amendments to the Foreign Intelligence Surveillance Act (FISA). An unstated facet of the program is that anyone the foreigner is calling inside the United States, as long as that person is not the primary target, would also be wiretapped.

Stampeding Congress, Again
2007-08-03, New York Times
http://www.nytimes.com/2007/08/03/opinion/03fri1.html?ex=1343793600&en=269721...

Since the 9/11 terrorist attacks, the Bush administration has repeatedly demonstrated that it does not feel bound by the law or the Constitution. It cannot even be trusted to properly use the enhanced powers it was legally granted after the attacks. Yet, once again, President Bush has been trying to stampede Congress into a completely unnecessary expansion of his power to spy on Americans. The fight is over the 1978 Foreign Intelligence Surveillance Act, which requires the government to obtain a warrant before eavesdropping on electronic communications that involve someone in the United States. Mr. Bush decided after 9/11 that he was no longer going to obey that law. He authorized the National Security Agency to intercept international telephone calls and e-mail messages of Americans and other residents of this country without a court order. He told the public nothing and Congress next to nothing about what he was doing, until The Times disclosed the spying in December 2005. Ever since, the White House has tried to pressure Congress into legalizing Mr. Bush’s rogue operation. The administration and its ... supporters in Congress argue that American intelligence is blinded by FISA and have seized on neatly timed warnings of heightened terrorist activity to scare everyone. It is vital for Americans, especially lawmakers, to resist that argument. It is pure propaganda. [The question at issue is] whether we are a nation ruled by law, or the whims of men in power.

A Push to Rewrite Wiretap Law
2007-08-01, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/31/AR20070731018...

The Bush administration is pressing Congress this week for the authority to intercept, without a court order, any international phone call or e-mail between a surveillance target outside the United States and any person in the United States. It would also give the attorney general sole authority to order the interception of communications for up to one year as long as he certifies that the surveillance is directed at a person outside the United States. Civil liberties and privacy groups have denounced the administration's proposal, which they say would effectively allow the National Security Agency to revive a warrantless surveillance program conducted in secret from 2001 until late 2005. They say it would also give the government authority to force carriers to turn over any international communications into and out of the United States without a court order. An unstated facet of the program is that anyone the foreigner is calling inside the United States, as long as that person is not the primary target, would also be wiretapped. Caroline Fredrickson, director of the ACLU's Washington legislative office [said], "What the administration is really going after is the Americans. Even if the primary target is overseas, they want to be able to wiretap Americans without a warrant." The proposal would also allow the NSA to ... have access to the entire stream of communications without the phone company sorting, said Kate Martin, director of the Center for National Security Studies. "It's a 'trust us' system," she said. "Give us access and trust us."

NSA Spying Part of Broader Effort
2007-08-01, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/31/AR20070731021...

The Bush administration's chief intelligence official said yesterday that President Bush authorized a series of secret surveillance activities under a single executive order in late 2001. The disclosure makes clear that a controversial National Security Agency program was part of a much broader operation than the president previously described. The disclosure by Mike McConnell [is] the first time that the administration has publicly acknowledged that Bush's order included undisclosed activities beyond the warrantless surveillance of e-mails and phone calls that Bush confirmed in December 2005. McConnell [disclosed] that the executive order following the Sept. 11, 2001 attacks included "a number of . . . intelligence activities" and that a name routinely used by the administration -- the Terrorist Surveillance Program -- applied only to "one particular aspect of these activities, and nothing more. This is the only aspect of the NSA activities that can be discussed publicly, because it is the only aspect of those various activities whose existence has been officially acknowledged." News reports ... have detailed a range of activities linked to the program, including the use of data mining to identify surveillance targets and the participation of telecommunication companies in turning over millions of phone records. Kate Martin ... of the Center for National Security Studies, said the new disclosures show that ... administration officials have "repeatedly misled the Congress and the American public" about the extent of NSA surveillance efforts. "They have repeatedly tried to give the false impression that the surveillance was narrow and justified," Martin said. "Why did it take accusations of perjury before the DNI disclosed that there is indeed other, presumably broader and more questionable, surveillance?"

It's time to check the balance of power
2007-07-29, San Francisco Chronicle (San Francisco's leading newspaper)
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/07/29/ING0UR6C1D1.DTL

Since 9/11, President Bush's repeated assaults on the Constitution and celebration of international lawlessness ... have needlessly made Americans less safe. The president, for example, has flouted the Foreign Intelligence Surveillance Act in intercepting the conversations and e-mails of American citizens on American soil on his say-so alone. He has claimed authority to break into and enter our homes, open our mail and commit torture. He has insisted that the entire United States is a battlefield -- even pizza parlors -- where lethal military force may be employed to kill ... suspects with bombs or missiles. He has detained citizens and noncitizens alike as enemy combatants based on secret evidence. And he has insisted that he is constitutionally empowered to keep U.S. troops in Iraq indefinitely. Congress should restore the Constitution's checks and balances and protections against government abuses. The most frightening of Bush's abuses travels under the banner of "extraordinary rendition." In its name, Bush has kidnapped, secretly imprisoned, and tortured. The practice is what would be expected of dictators such as the Soviet Union's Joseph Stalin or Iraq's Saddam Hussein. The detainees are held incommunicado without accusation or trial. No judge reviews the allegedly incriminating evidence. No law restricts interrogation methods or the conditions of confinement. And the innocent are left without recourse as "collateral damage" in Bush's ... global [war on terrorism].

Note: The author, Bruce Fein, served as Associate Attorney General under President Reagan.

Politics reportedly stifled health report
2007-07-29, San Francisco Chronicle/Washington Post
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/29/MNG48R95UC1.DTL

A surgeon general's report in 2006 that called on Americans to help tackle global health problems has been kept from the public by a Bush political appointee without any background or expertise in medicine or public health, chiefly because the report did not promote the administration's policy accomplishments. The report described the link between poverty and poor health, urged the U.S. government to help combat widespread diseases as a key aim of its foreign policy, and called on corporations to help improve health conditions in the countries where they operate. Its publication was blocked by William Steiger, a specialist in education and a scholar of Latin American history whose family has long ties to President Bush and Vice President Dick Cheney. Since 2001, Steiger has run the Office of Global Health Affairs in the Department of Health and Human Services. Richard Carmona, who commissioned the "Call to Action on Global Health" while serving as surgeon general from 2002 to 2006, recently cited its suppression as an example of the Bush administration's frequent efforts during his tenure to give scientific documents a political twist. Carmona told lawmakers that, as he fought to release the document, he was "called in and again admonished ... via a senior official who said, 'You don't get it. This will be a political document, or it will not be released.' " A few days before the end of his term as the nation's senior medical officer, he was abruptly told he would not be reappointed.

New Details on Tillman's Death
2007-07-27, ABC News/Associated Press
http://abcnews.go.com/US/wireStory?id=3419299

Army medical examiners were suspicious about the close proximity of the three bullet holes in Pat Tillman's forehead and tried without success to get authorities to investigate whether the former NFL player's death amounted to a crime. "The medical evidence did not match up with the ... scenario as described," a doctor who examined Tillman's body after he was killed on the battlefield in Afghanistan in 2004 told investigators. The doctors ... said that the bullet holes were so close together that it appeared the Army Ranger was cut down by an M-16 fired from a mere 10 yards or so away. The medical examiners' suspicions were outlined in 2,300 pages of testimony released to the AP this week by the Defense Department in response to a Freedom of Information Act request. Among other information contained in the documents: Army attorneys sent each other congratulatory e-mails for keeping criminal investigators at bay as the Army conducted an internal friendly-fire investigation that resulted in administrative, or non-criminal, punishments. The three-star general who kept the truth about Tillman's death from his family and the public told investigators some 70 times that he had a bad memory and couldn't recall details of his actions. No evidence at all of enemy fire was found at the scene, no one was hit by enemy fire, nor was any government equipment struck. The military initially told the public and the Tillman family that he had been killed by enemy fire. Only weeks later did the Pentagon acknowledge he was gunned down by fellow Rangers. With questions lingering about how high in the Bush administration the deception reached, Congress is preparing for yet another hearing next week.

Is this the real president of the United States?
2007-07-23, Guardian (One of the U.K.'s leading newspapers)
http://www.guardian.co.uk/usa/story/0,,2132603,00.html

Obscurity has been Cheney's hallmark since he took office in January 2001, and that's the way he likes it. "Am I the evil genius in the corner that nobody ever sees come out of his hole?" he quipped in 2004. "It's a nice way to operate, actually." Cheney is ... the most powerful vice- president in American history. "He has expanded the power of the vice-president fiftyfold," says Bruce Fein, a lawyer who served in the Reagan administration. So dominant has he been in a traditionally submissive role that some commentators are now wondering whether it is time to drop the "V" from his title. "Cheney is de facto president in all areas of policy, bar just a few aspects of the domestic agenda," Fein says. It was obvious the Cheney vice-presidency was never going to stick to convention from the day in July 2000 George Bush announced his running mate. After all, the man who recommended Cheney for the job was ... Cheney. The Bush cabinet was formed in Cheney's image. Figures who were to become seminal -- Donald Rumsfeld, Paul Wolfowitz, John Bolton, Scooter Libby -- were all Cheney's people. September 11 2001 ... was the moment for which Cheney had been preparing for many years. Since his days as White House chief-of-staff to Gerald Ford, living with the fallout of Nixon's destruction, Cheney had harboured ambitions to hit back at Congress and reinstate the untrammelled authority of the president. Within hours of the attacks on New York and Washington, while Bush was still floundering around in Air Force One, Cheney had assembled a legal team within his own office and was actively planning how to roll back the restraints on the president's executive power that had been introduced in the wake of Vietnam and Watergate.

Power Without Limits
2007-07-22, New York Times
http://www.nytimes.com/2007/07/22/opinion/22sun2.html?ex=1342756800&en=fbd7ef...

The Bush administration, which has been pushing presidential power to new extremes, is reportedly developing an even more dangerous new theory of executive privilege. It says that if Congress holds White House officials in contempt for withholding important evidence in the United States attorney scandal, the Justice Department simply will not pursue the charges. This stance tears at the fabric of the Constitution and upends the rule of law. Congress has a constitutional right to investigate the purge of nine United States attorneys last year. The next question is how Congress will enforce its right to obtain information, and it is on that point that the administration is said to have made its latest disturbing claim. If Congress holds White House officials in contempt, the next step should be that the United States attorney for the District of Columbia brings the matter to a grand jury. But according to a Washington Post report, the administration is saying that its claim of executive privilege means that the United States attorney would be ordered not to go forward with the case. There is no legal basis for this obstructionism. The Supreme Court has made clear that executive privilege is not simply what the president claims it to be. It must be evaluated case by case by a court, balancing the need for the information against the president’s interest in keeping his decision-making process private. The White House’s extreme position could lead to a constitutional crisis. If the executive branch refused to follow the law, Congress could use its own inherent contempt powers, in which it would level the charges itself and hold a trial. Congress should use all of the tools at its disposal to pursue its investigations. It is about preserving the checks and balances that are a vital part of American democracy.

Bush Approves New CIA Methods
2007-07-21, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/20/AR20070720012...

President Bush set broad legal boundaries for the CIA's harsh interrogation of terrorism suspects yesterday, allowing the intelligence agency to resume a program that was suspended last year after criticism that it violated U.S. and international law. In an executive order lacking any details about actual interrogation techniques, Bush said the CIA program will now comply with a Geneva Conventions prohibition against "outrages upon personal dignity, in particular humiliating and degrading treatment." Two administration officials said that suspects now in U.S. custody could be moved immediately into the "enhanced interrogation" program and subjected to techniques that go beyond those allowed by the U.S. military. Rights activists criticized Bush's order for failing to spell out which techniques are now approved or prohibited. "All the order really does is to have the president say, 'Everything in that other document that I'm not showing you is legal -- trust me,' " said Tom Malinowski of Human Rights Watch. The CIA interrogation guidelines are contained in a classified document. A senior intelligence official, asked whether this list includes such widely criticized methods as the simulated drowning known as "waterboarding," declined to discuss specifics but said "it would be very wrong to assume that the program of the past would move into the future unchanged." CIA detainees have also alleged they were left naked in cells for prolonged periods, subjected to sensory and sleep deprivation and extreme heat and cold, and sexually taunted. A senior administration official briefing reporters yesterday said that any future use of "extremes of heat and cold" would be subject to a "reasonable interpretation . . . we're not talking about forcibly induced hypothermia."

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