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Context of 'December 10, 2011: Kansas Tea Party Web Site Depicts Obama as ‘Half-Black, Half-White’ Skunk, NAACP Calls Image Racist'

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The cover of the Review, depicting a Native American displaying a scalp.The cover of the Review, depicting a Native American displaying a scalp. [Source: Dartmouth Review via Huffington Post]The Dartmouth Review, a conservative weekly student newspaper funded by off-campus right-wing sources (see 1980), publishes its latest edition; the cover depicts a Native American as what Indian Country Today later describes as a “crazed ‘savage’ holding up a scalp.” The cover headline: “The Natives Are Getting Restless”; the story ridicules Native American students for protesting a recent spate of anti-Native incidents on campus. Dartmouth College was founded in 1769 as a school for Native Americans, and has a long history of supporting Native American causes; in light of its history, the local and national Native American communities have been dismayed in recent years by what they call the anti-Indian sentiments espoused by the Review and other Dartmouth students. The National Congress of American Indians (NCAI) joins with the student organization Native Americans at Dartmouth (NAD) to ask college administrators to address the recent string of “culturally insensitive, biased, and racist” events that they say have created a hostile campus environment at the school. “Colleges and universities are places where diversity and tolerance should foster productive, inclusive, and thriving intellectual communities,” says NCAI President Joe Garcia. “When cartoonization, mockery, and insensitivity of Native peoples, cultures, and traditions persist on college campuses, Native students are at a unique disadvantage in that intellectual community. NCAI joins NAD, [Dartmouth] President James Wright, and the broader Dartmouth community in condemning the recent series of biased incidents at the college, and stands with NAD in its efforts at combating bias in your community.” In recent months, Review staffers and Dartmouth students have orchestrated a number of events that Native Americans call racist and intolerant, including the distribution of homecoming shirts depicting a knight performing a sex act on an American Indian caricature, and the physical disruption by fraternity pledges of an American Indian drumming circle. The publication of the Review with its offensive cover sends the Native American community, and its supporters, into new levels of outrage, with Indian Country Today noting that the illustration of the “savage” has often been used by anti-Native American organizations. Over 500 students, faculty, and administrators take part in a demonstration supporting the Native American community. In response, the Review editor, Daniel Linsalata, calls the cover “hyperbolic” and “tongue-in-cheek,” and says that while he “regret[s]” that the cover “may have” offended some, he stands behind “the editorial content” of the edition. The remainder of his response attacks NAD, and argues that the cover is appropriate to the discussion: “The accusation that this cover was maliciously designed as a wantonly racist attack on Native Americans is patently false,” he says. Wright issues a statement apologizing for the racial slur. Four days after Linsalata’s response, editors Nicholas Desai and Emily Ghods-Esfahani write that the cover was “a mistake” that “distracted attention from the serious journalism the Dartmouth Review has been publishing.” (Linsalata 12/2/2006; Dartmouth Review 12/6/2006; Toensing 12/15/2006)

The Creativity Alliance logo.The Creativity Alliance logo. [Source: Wikimedia]After the World Church of the Creator (WCOTC—see May 1996 and After) renames itself the Creativity Movement and nearly dissolves (see 2004-2005), a splinter group calling itself the Creativity Alliance forms. It is formed from former members of the earlier WCOTC, and claims no alliance with the Creativity Movement, though, like its parent organization, it views Ben Klassen (see 1973) as its founder. It has a more informal organizational structure than the older organization, with individual members expected to find at least one receptive white person to join them in the formation of a local chapter. The Alliance claims to eschew violence and says it is not involved in “the ‘White Power’ social scene,” but a 2008 article from its Web site uses racial slurs against African-Americans and Jews, and ends with the call: “White man fight! White man fight! White man fight!” (Southern Poverty Law Center 2010)

In a second day of testimony (see January 17, 2007), Attorney General Alberto Gonzales tells the Senate Judiciary Committee that the president has always had the inherent authority to bypass or ignore statutory law if he is acting in the interest of national security. Gonzales is referring to a recent Bush administration decision to use a sympathetic FISC judge to sign off on the warrantless wiretapping program (see January 17, 2007). “We commenced down this road five years ago because of a belief that we could not do what we felt was necessary to protect this country under FISA [the Foreign Intelligence Surveillance Act],” Gonzales testifies. “That is why the president relied upon his inherent authority under the Constitution. My own judgment is, the president has shown maturity and wisdom here in this particular decision. He recognizes that there is an inherent reservoir of inherent power that belongs to every president. You use it only when you have to. In this case, we don’t have to [anymore].” Yale law professor Jack Balkin strenuously disagrees. He points to a “remarkable similarity between the administration’s behavior in the Padilla case (see October 9, 2005 and December 21, 2005) and its behavior here.… Once again, the goal is to prevent a court from stating clearly that the president acted illegally and that his theories of executive power are self-serving hokum.” Instead of going to Congress for the authority to conduct a warrantless wiretapping program, Balkin writes that the administration used FISA’s supposed deficiencies “as an excuse to disregard the law, so that it could make claims of unbridled presidential authority to ignore FISA.” (Savage 2007, pp. 207-208; Jack Balkin 1/18/2007)

Conservative radio host Rush Limbaugh tells his listeners that professional football games often look like fights between two African-American street gangs. Discussing a recent National Football League (NFL) game which featured some apparently objectionable celebrating by players after scoring a touchdown, Limbaugh says that such “over the top” celebrations are sparked by “cultural” differences between black and white players. “There’s something culturally wrong that is leading to all this… classless” behavior, he says, and continues: “Look, let me put it to you this way: the NFL all too often looks like a game between the Bloods and the Crips without any weapons. There, I said it.” (Media Matters 10/12/2009) Two years later, Limbaugh will address his comment on his broadcast. He will fail to apologize for the remark, and will say instead: “It was not racial. Bloods and Crips makes it look racial. But the way I chose to describe it. I could have perhaps chosen a different term.” Limbaugh claims that his remark was taken “out of context” by the news media, and cites the “hypocrisy” of the media in reporting his comments as possibly racially offensive. (Media Matters 10/14/2009) Limbaugh will be thwarted in his 2009 attempt to buy the St. Louis Rams NFL franchise (see October 15, 2009) because of his racially inflammatory remarks against black football players, including this one and a 2003 slur involving African-American quarterback Donovan McNabb (see September 28 - October 2, 2003). Indianapolis Colts owner Jim Irsay will tell other owners, “When there are comments that have been made that are inappropriate, incendiary, and insensitive… our words do damage, and it’s something that we don’t need.” NFL commissioner Roger Goodell will call Limbaugh’s comments “divisive” and something that cannot be tolerated from an NFL owner. (New York Post 10/13/2009)

Conservative radio host Rush Limbaugh calls Senator Barack Obama (D-IL) and actress Halle Berry “Halfrican Americans.” According to progressive media watchdog organization Media Matters, Limbaugh, discussing Obama’s nascent presidential candidacy, says, “Barack Obama has picked up another endorsement: Halfrican American actress Halle Berry.” Limbaugh then says, “‘As a Halfrican American, I am honored to have Ms. Berry’s support, as well as the support of other Halfrican Americans,’ Obama said.” Limbaugh later concedes that Obama “didn’t say it.” Limbaugh tells his audience that Obama “is the son of a white mother from Kansas and a black father from Kenya.” (Media Matters 1/24/2007)

Martin Peretz, the editor in chief of The New Republic, falsely accuses Jewish billionaire George Soros of being a Nazi collaborator. Soros is now a target of conservative opprobrium for his financial support of Democratic and progressive causes. As a 14-year-old boy, Soros escaped from the Nazis by hiding with a non-Jewish family in Hungary; the father of that family sometimes served deportation notices to Hungarian Jews. Peretz now calls Soros “a young cog in the Hitlerite wheel.” The progressive media watchdog Web site Media Matters notes that Peretz is following the lead of right-wing extremists David Horowitz and Richard Poe, whose book The Shadow Party: How George Soros, Hillary Clinton, and Sixties Radicals Seized Control of the Democratic Party claimed that Soros “survived [the Holocaust] by assimilating to Nazism.” The book was found to be riddled with doctored quotes and factual errors (see August 8, 2006). Peretz uses a transcript of a 1998 interview Soros gave to 60 Minutes reporter Steve Kroft to prove his claim, but edits the transcript to leave out a key section that shows Soros did not collaborate with Nazis. (Media Matters 2/5/2007; Peretz 2/12/2007) (The article is dated February 12, 2007, but was posted on the New Republic Web site a week earlier.)

Artist’s sketch of Tim Russert testifying in the Libby trial.Artist’s sketch of Tim Russert testifying in the Libby trial. [Source: Art Lien / CourtArtist (.com)]NBC Washington bureau chief Tim Russert testifies in the trial of Lewis “Scooter” Libby (see January 16-23, 2007), following almost three days of videotaped testimony from Libby (see February 7, 2007). Russert’s testimony is virtually identical to statements he previously made to an FBI investigator (see November 24, 2003) and to the Plame Wilson grand jury (see August 7, 2004).
Never Discussed Plame Wilson with Libby - Questioned by prosecutor Patrick Fitzgerald, Russert contradicts Libby’s 2004 testimony, where Libby said he learned of CIA officer Valerie Plame Wilson’s identity from Russert in July 2003 (see March 5, 2004 and March 24, 2004). Russert says that in July 2003 he spoke with Libby, who complained about MSNBC news anchor Chris Matthews’s coverage of the Iraq war (see July 10 or 11, 2003). Libby testified that at the end of that phone call, Russert broached the subject of war critic Joseph Wilson and told him that Wilson’s wife worked for the CIA, saying, “[A]ll the reporters know” that Plame Wilson is a CIA officer. Russert tells the jury: “That would be impossible. I didn’t know who that person was until several days later.” He adds: “If he had told me [Plame Wilson’s identity], I would have asked him how he knew that, why he knew that, what is the relevance of that. And since [it was] a national security issue, my superiors [would] try to pursue it.”
Cross-Examination Focuses on Faulty Recollections - Libby’s lawyer, Theodore Wells, is skeptical of Russert’s denial. “You have the chief of staff of the vice president of the United States on the telephone and you don’t ask him one question about it?” he asks. “As a newsperson who’s known for being aggressive and going after the facts, you wouldn’t have asked him about the biggest stories in the world that week?” Russert replies, “What happened is exactly what I told you.” Wells cites a transcript of Russert’s initial testimony before the FBI, in which he said he could not rule out discussing Plame Wilson with Libby. Russert says he doesn’t believe that is what he told the FBI. Wells asks, “Did you disclose in the affidavit to the court that you had already disclosed the contents of your conversation with Mr. Libby?” Russert attempts to answer, saying, “As I’ve said, sir…” but Wells cuts him off, saying, “It’s a yes or no question.” Russert responds, “I’d like to answer it to the best of my ability.” Wells says: “This is a very simple question. Either it’s in the affidavit or it’s not. Did you disclose to the court that you had already communicated to the FBI the fact that you had communicated with Mr. Libby?” Russert answers, “No” (see Late February or Early March, 2004). Wells attempts to raise questions about Russert’s ethics and credibility, and implies that Russert wanted to see Libby face charges. In follow-up questioning, Fitzgerald asks Russert, “Did you take joy in Mr. Libby’s indictment?” Russert replies: “No, not at all. And I don’t take joy in being here” in the courtroom as a witness. During the second day of Russert’s testimony, defense lawyers ask why Russert told the FBI about his conversation with Libby, but said he would not testify if subpoenaed; Russert says he viewed the FBI conversation and the subpoena differently. During redirect, Fitzgerald notes that during Libby’s grand jury testimony, Libby claimed that he had indeed learned of Plame Wilson’s identity from his then-boss, Vice President Dick Cheney, but had forgotten about it, and when Russert told him about Plame Wilson’s CIA status, it was as if it were new information to him (see February 6, 2007). (FireDogLake 2/7/2007; FireDogLake 2/7/2007; FireDogLake 2/7/2007; FireDogLake 2/7/2007; FireDogLake 2/7/2007; FireDogLake 2/7/2007; Courson 2/8/2007; Lewis 2/9/2007; Apuzzo 2/9/2007; MSNBC 2/12/2007; MSNBC 2/21/2007) The Associated Press writes: “Wells wants to cast Russert as someone who cannot be believed, who publicly championed the sanctity of off-the-record conversations but privately revealed that information to investigators. Russert said he viewed the FBI conversation and testimony to prosecutors differently.” (Apuzzo 2/9/2007)
Potential Mistrial Averted - The jurors are not supposed to read about the trial in the press or watch television coverage of it; resultingly, they are provided newspapers with the pertinent information scissored out. As the jurors enter the courtroom for Russert’s second day of testimony, Judge Reggie Walton notes that they were given newspapers with a Washington Post article, headlined “Tim Russert on the Uncomfortable Side of a Question,” unredacted. A juror brought the newspaper to the attention of the marshals immediately upon receipt of it, and no juror admits to having read it. Walton rules that no harm has been done, and a potential mistrial is averted. (FireDogLake 2/7/2007)

FireDogLake blogger Jane Hamsher, writing for her blog’s coverage of the Libby trial.FireDogLake blogger Jane Hamsher, writing for her blog’s coverage of the Libby trial. [Source: Michael Temchine / New York Times]The New York Times publishes a profile of some of the bloggers covering the Lewis Libby trial. The article, by Times reporter Scott Shane, focuses on the team of six writers and researchers who work on a volunteer basis for FireDogLake (FDL), a liberal blog owned by movie producer and author Jane Hamsher. According to Shane, “FireDogLake has offered intensive trial coverage, using some six contributors in rotation,” including “a former prosecutor [Christy Hardin Smith], a current defense lawyer [Jeralyn Merritt, who also writes for her own blog, TalkLeft], a Ph.D. business consultant [Marcy Wheeler, who has written a book, Anatomy of Deceit, on the subject],” a blogger who has covered the issue since Valerie Plame Wilson’s outing (the pseudonymous “Swopa”), an acknowleged expert on the Iraq/Niger uranium claims (the pseudonymous “eRiposte”), and Hamsher, “all of whom lodge at a Washington apartment rented for the duration of the trial.” Their work is so intensive and the bloggers so well-versed in the intricacies of the trial and its surrounding issues that “[m]any mainstream journalists use [FDL’s live coverage] to check on the trial.”
'Coming of Age' for Bloggers - Shane writes: “For blogs, the Libby trial marks a courthouse coming of age. It is the first federal case for which independent bloggers have been given official credentials along with reporters from the traditional news media” (see Early January, 2007). Robert A. Cox of the Media Bloggers Association says, “My goal is to get judges to think of bloggers as citizen journalists who should get the same protections as other journalists get.” Left-leaning bloggers such as those from FDL routinely disparage Libby and other Bush administration members in their writings, Shane notes, while right-wing blogs covering the trial, such as American Thinker, have targeted prosecution witnesses such as Tim Russert (see February 7-8, 2007) for their criticism. Sheldon Snook, the court official in charge of the news media, says the decision to admit bloggers (five to 10 out of the 100 or so reporters present on busy trial days) has worked out well. Snook tells Shane, “It seems they can provide legal analysis and a level of detail that might not be of interest to the general public but certainly has an audience.” Shane observes that “the Libby trial bloggers are a throwback to a journalistic style of decades ago, when many reporters made no pretense of political neutrality. Compared with the sober, neutral drudges of the establishment press, the bloggers are class clowns and crusaders, satirists and scolds.” Wheeler says covering the trial alongside mainstream reporters has confirmed some of her skepticism about mainstream journalism. “It’s shown me the degree to which journalists work together to define the story,” she says. “[O]nce the narrative is set on a story, there’s no deviating from it.” Hamsher, who is battling breast cancer, says of blogging, “There’s a snarky, get-under-the-surface-of-things quality to it that’s really me.” (The Times later notes that the FDL and other bloggers are not the first to cover a federal trial; anti-tobacco activist Gene Borio covered the trial of the federal government’s lawsuit against the tobacco industry in 2004.) (Marcy Wheeler 2/8/2007; Shane 2/15/2007)
Countered 'Involved' Mainstream Media - In a contemporaneous interview with US News and World Report, Hamsher says of the mainstream coverage: “The media was having difficulty covering it because they were so involved in it. When the investigation started, Karl Rove’s attorney start[ed] putting out all this stuff. And every day the story would change and the blogosphere would document that. We had thousands of people showing up at our site and pointing out that the stories were never consistent. This story had so much information, and so many articles were written that it enabled the blogosphere to take in all of this information. And a cadre of professional people—not kids in their underwear—came together, compared notes, and developed a narrative of the story that was a pushback to the one that was being generated by the powers that be.… Our work on this particular topic has done a lot to defeat the notion that bloggers are fact free.” (Christy Hardin Smith 2/15/2007) Salon’s progressive blogger Glenn Greenwald calls FDL’s trial coverage “intense, comprehensive, and superb.… [T]hey have produced coverage of this clearly significant event—one which has provided rare insight into the inner workings of the Beltway political and journalistic elite—that simply never is, and perhaps cannot be, matched by even our largest national media outlets.” He notes that even conservative news outlets such as the National Review have relied on FDL’s “liveblogging” of the trial for their reporting. (Greenwald 2/15/2007) Shortly before the article comes out, Wheeler posts: “[T]he importance of having this story be told from a blogger’s perspective… is because there is so much about it the mainstream media cannot comfortably report. This story strikes at the core reasons why there are bloggers, why so many readers and writers have decided to invest their time in citizen driven media.” (Marcy Wheeler 2/8/2007)
Presiding Judge Treats Bloggers as Professionals - Smith writes: “For the record, Judge Walton’s entire staff and all the folks at the courthouse have been wonderful throughout the entire process. From the first day forward, our whole team of bloggers were treated like every other professional covering the case—there was no distinction made, no patronizing attitude, just the same treatment for all of us. The amount of work that has gone into covering this case has been astronomical—the live blogging, the courtroom observations, the late night analysis, all the IMs [instant messages] and phone calls to cross-check details—you name it. But so worth it, still, to get the entire story out and not just blurbs and bits. And I cannot thank Judge Walton and his staff enough for giving us this opportunity. Truly.”
Error in Reporting Corrected - Smith corrects an error in Shane’s reporting, noting that the Media Bloggers Association did not negotiate their media passes to gain admittance to the courtroom; that was done largely by Hamsher and the other FDL contributors, with assistance from author and fellow blogger Arianna Huffington. (Christy Hardin Smith 2/15/2007)

Media responses to the closing arguments in the Libby trial (see 9:00 a.m. February 20, 2007, 11:00 a.m. February 20, 2007, and 3:00 p.m. February 20, 2007) are strong and varied.
'Strongest Arguments Yet' of Cheney's Complicity - New York Sun reporter Josh Gerstein writes that prosecutor Patrick Fitzgerald’s “explosive” statements were his “strongest arguments yet” that Vice President Dick Cheney directed former chief of staff Lewis Libby to out CIA official Valerie Plame Wilson. Libby was “not supposed to be talking to other people,” Fitzgerald said. “The only person he told is the vice president.… Think about that.” (Gerstein 2/21/2007)
Fitzgerald Put 'Vice President on Trial' - Newsweek reporter Michael Isikoff writes, “Fitzgerald pretty much made it clear to the jury that Libby, in the prosecution’s mind, was protecting the vice president of the United States.” Tom DeFrank of the New York Daily News adds: “I think Fitzgerald and his fellow prosecutors put the vice president on trial, even though he was not charged with anything. But he was very much front and center in this trial from start to finish.” (Froomkin 2/21/2007)
Fitzgerald 'Sinister,' 'Overcaffeinated'; Wells 'Erratic' - Conservative columnist Byron York is somewhat taken aback at Fitzgerald’s focus on Cheney, calling Fitzgerald “quite sinister” in his statements about Cheney’s apparent complicity in the leak. York sums up the two sides’ arguments and presentational styles. He calls both sides “uneven,” and says that defense attorney Theodore Wells’s performance “was erratic, sometimes appearing to defend his own honor more than his client’s, and sometimes brilliantly dismantling the credibility of key prosecution witnesses.” York writes that Fitzgerald “seemed overcaffeinated and overreaching, perhaps overwhelming the jury with the minutiae of the case.” He concludes, “How their closing summations will play with jurors is anybody’s guess.” (York 2/21/2007)
Praise for Wells - The Washington Post’s Linton Weeks is more complimentary of Well’s closing statement. Weeks’s analysis of Wells’s close is similar to the glowing profile published by the New York Times earlier in the trial (see February 10, 2007). He portrays Wells as “tall, athletic, mustachioed—like a fighter imaging the bout to come,” and possessed of “an inner toughness of someone who will use any combination of punches to win big.” He notes that Wells paused during the proceedings to check on his elderly mother, watching her son from a wheelchair in the courtroom aisle. Though Weeks writes that Wells had “moments [that] seemed out of sync,” hurrying through a PowerPoint slide presentation, “[a]t other times, he was impressive, trying to convince the jury that the prosecution was attempting to ruin Libby based on a few conversations with reporters.” Weeks quotes one of Wells’s colleagues, Washington lawyer Stanley Brand, as saying Wells “has a wonderful demeanor… a master tactician… a bulldog, but in a gentle way.” Brand calls Wells “one of the five best trial lawyers in the country.” Weeks then spins an admiring biography of the “tough defense attorney who has mastered the balance between easygoing and hard-charging,” and uses Wells’s high school and college football career upon which to hang his final metaphor: “There in the middle of the courtroom, Wells was playing center again, helping call the plays and protecting the guy with the ball. Laughing in the beginning, crying in the end.” (Weeks 2/21/2007)
Sincere and Insincere Emotions - Author Marcy Wheeler, writing for the blog FireDogLake (see February 15, 2007), says that assistant prosecutor Peter Zeidenberg baited Wells into going into a sincere rage at the beginning of his argument. In the first portion of the prosecution’s close, Zeidenberg told the jury that Wells had not proven the White House conspiracy he alleged, and, Wheeler writes, Wells spent the first 20 minutes of his closing argument defending his trial strategy. “This was real rage,” she writes, “but it was rage in the service of Ted Wells, not rage in the service of Scooter Libby.” By goading Wells into losing his composure and defending his own actions, Wheeler writes, Wells was forced to rush his climactic argument. Wheeler says that Wells “really does have a schtick, one that the journalists who have seen him before all recognize. He finishes the rational part of his case. Then he spends the last 20 minutes or so summoning rage for his client. He brings all the emotion summoned for his client to a crescendo. And then he weeps, demonstrating clearly to the jury how deeply he believes that his client has been wronged.” But because Wells wasted the first 20 minutes defending his own actions, he “had no time to get into character, and he went immediately from a rushed but rational argument about memory into his emotional appeal.… [C]ompared to the real rage Wells had shown earlier in the day, it looked fake. Utterly, completely fake. Because Wells reacted to Zeidenberg’s barbs, he showed the jury true emotion that made all his elaborate schtick—the thing that Wells does best, normally—look like an act.” Moreover, Fitzgerald was able to mock the outrage that Wheeler believes to be “schtick” (see 3:00 p.m. February 20, 2007) all the more effectively because he almost never raised his voice or displayed any passion throughout the trial. (Marcy Wheeler 2/21/2007)
Facts vs. Emotion - Sidney Blumenthal, a former Clinton administration adviser who has written a book critical of the Bush administration, writes that the prosecution depended largely on a structure of facts and evidence, while the defense relied much more on emotional appeals to the jury. He writes, “[T]he final argument on behalf of Scooter Libby was Libby’s last disinformation campaign.” Of the defense’s attacks on the credibility of news reports and the journalists who make them, Blumenthal writes: “This extraordinary defense—that nothing in any newspaper can be considered true—was the reductio ad absurdum of the Bush administration’s use and abuse of the press corps. Having manipulated it to plant stories on weapons of mass destruction to legitimize the Iraq war, Libby, who was centrally involved in those disinformation efforts, was reduced to defending himself on the basis that newspapers cannot be trusted to publish the truth.” Of Fitzgerald’s pronouncement of a “cloud” over Cheney, Blumenthal writes that “Fitzgerald made clear that he believed that Cheney was the one behind the crime for which he was prosecuting Libby. It was Cheney who was the boss, Cheney who gave the orders, and Cheney to whom Libby was the loyal soldier, and it is Cheney for whom Libby is covering up.” (Blumenthal 2/22/2007)

Fox News tells viewers Libby not guilty.Fox News tells viewers Libby not guilty. [Source: NewsCorpse (.com)]Fox News takes an alternate view from most news outlets in reporting Lewis Libby’s convictions on four out of five felony charges (see March 6, 2007). In its news crawler on the bottom of the television broadcast, it reports, “Scooter Libby found not guilty of lying to FBI investigators.” (Wilson 2007, pp. 295)

Judge Marcia Cooke.Judge Marcia Cooke. [Source: Daily Business Review]Federal prosecutors in the Jose Padilla case (see May 8, 2002) say that a video of Padilla’s final interrogation, on March 2, 2004, is inexplicably missing. The video was not part of a packet of DVDs containing classified material turned over to the court handling the Padilla case. Padilla’s lawyers believe that the missing videotape may show Padilla being subjected to “harsh” interrogation techniques that may qualify as torture, and wonder if other potentially exculpatory recordings and documentation of Padilla’s interrogations have also been lost. Padilla’s lawyers say something happened during that last interrogation session on March 2, 2004, at the Navy brig in Charleston, South Carolina, that led Padilla to believe that the lawyers are actually government agents. Padilla no longer trusts them, the lawyers say, and they want to know what happened. Prosecutors say that they cannot find the tape despite an intensive search. “I don’t know what happened to it,” Pentagon attorney James Schmidli said during a recent court hearing. US District Court Judge Marcia Cooke finds the government’s claim hard to believe. “Do you understand how it might be difficult for me to understand that a tape related to this particular individual just got mislaid?” Cooke told prosecutors at a hearing last month. Padilla, a US citizen, is scheduled to stand trial in April. Padilla’s lawyers want the brig tapes, medical records, and other documentation to prove their claims that Padilla suffers intense post-traumatic stress syndrome from his long isolation and repeated interrogations, though Cooke has ruled that Padilla is competent to stand trial. They believe that he was mistreated and possibly tortured in the Naval brig before being transferred to civilian custody. This missing DVD may not be the only one because brig logs indicate that there were approximately 72 hours of interrogations that either were not recorded, or whose recordings were never disclosed. Prosecutors claim some interrogations were not recorded, but defense lawyers question that, pointing out that there are even videos of Padilla taking showers. (Isikoff and Hosenball 2/28/2007; Anderson 3/9/2007) Statements by then-Deputy Attorney General James Comey in June 2004 indirectly support the defense’s claim that Padilla was subjected to harsh interrogation tactics (see June 2004). Other videotapes that may pertain to the Padilla case have been destroyed by the CIA (see November 22, 2005). Former civil rights litigator Glenn Greenwald writes, “[I]f the administration’s patently unbelievable claim were true—namely, that it did ‘lose’ the video of its interrogation of this Extremely Dangerous International Terrorist—that would, by itself, evidence a reckless ineptitude with American national security so grave that it ought to be a scandal by itself. But the likelihood that the key interrogation video with regard to Padilla’s torture claims was simply ‘lost’ is virtually non-existent. Destruction of relevant evidence in any litigation is grounds for dismissal of the case (or defense) of the party engaged in that behavior. But where, as here, the issues extend far beyond the singular proceeding itself—we are talking about claims by a US citizen that he was tortured by his own government—destruction of evidence of this sort would be obstruction of justice of the most serious magnitude.” (Greenwald 3/10/2007)

A photo of Khalid Shaikh Mohammed allegedly taken during his capture in 2003 (there are controversies about the capture).A photo of Khalid Shaikh Mohammed allegedly taken during his capture in 2003 (there are controversies about the capture). [Source: FBI]Khalid Shaikh Mohammed (KSM) attends his combat status review tribunal at Guantanamo Bay (see March 9-April 28, 2007), where he admits participating in the 9/11 attacks and numerous other plots, and offers a defense of his actions. He claims responsibility or co-responsibility for a list of 31 plots, including:
bullet The 1993 World Trade Center bombing (see February 26, 1993);
bullet The 9/11 operation: “I was responsible for the 9/11 operation from A to Z”;
bullet The murder of Daniel Pearl (see January 31, 2002): “I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl”;
bullet The late 2001 shoe bombing operation (see December 22, 2001);
bullet The 2002 Bali nightclub bombings (see October 12, 2002);
bullet A series of ship-bombing operations (see Mid-1996-September 11, 2001 and June 2001);
bullet Failed plots to assassinate several former US presidents;
bullet Planned attacks on bridges in New York;
bullet Various other failed attacks in the US, UK, Israel, Indonesia, Australia, Japan, Azerbaijan, the Philippines, India, South Korea, and Turkey;
bullet The planned destruction of an El-Al flight in Bangkok;
bullet The Bojinka plot (see January 6, 1995), and assassination plans for President Clinton (see September 18-November 14, 1994) and the Pope (see September 1998-January 1999); and
bullet Planned attacks on the Library Tower in California, the Sears Tower in Chicago, the Empire State Building in New York, and the “Plaza Bank” in Washington State (see October 2001-February 2002). (US Department of Defense 3/10/2007 pdf file) However, the Plaza Bank was not founded until 2006, three years after KSM was captured. The bank’s president comments: “We’re confused as to how we got on that list. We’ve had a little bit of fun with it over here.” (Pulkkinen 3/15/2007)
On the other hand, KSM denies receiving funds from Kuwait or ever heading al-Qaeda’s military committee; he says this was a reporting error by Yosri Fouda, who interviewed him in 2002 (see April, June, or August 2002). In addition, he claims he was tortured, his children were abused in detention, and that he lied to his interrogators (see June 16, 2004). He also complains that the tribunal system is unfair and that many people who are not “enemy combatants” are being held in Guantanamo Bay. For example, a team sent by a Sunni government to assassinate bin Laden was captured by the Taliban, then by the US, and is being held in Guantanamo Bay. He says that his membership of al-Qaeda is related to the Bojinka operation, but that even after he became involved with al-Qaeda he continued to work with another organization, which he calls the “Mujaheddin,” was based in Pakistan, and for which he says he killed Daniel Pearl. (US Department of Defense 3/10/2007 pdf file) (Note: KSM’s cousin Ramzi Yousef was involved with the militant Pakistani organization Sipah-e-Sahaba.) (Reeve 1999, pp. 50, 54, 67) Mohammed says he was waterboarded by his interrogators. He is asked: “Were any statements you made as the result of any of the treatment that you received during that time frame from 2003 to 2006? Did you make those statements because of the treatment you receive from these people?” He responds, “CIA peoples. Yes. At the beginning, when they transferred me.” (Greenburg, Rosenberg, and de Vogue 4/11/2008) He goes on to compare radical Islamists fighting to free the Middle East from US influence to George Washington, hero of the American War of Independence, and says the US is oppressing Muslims in the same way the British are alleged by some to have oppressed Americans. Regarding the fatalities on 9/11, he says: “I’m not happy that three thousand been killed in America. I feel sorry even. I don’t like to kill children and the kids.” Although Islam prohibits killing, KSM argues that there is an exception because “you are killing people in Iraq.… Same language you use, I use.… The language of war is victims.” (US Department of Defense 3/10/2007 pdf file) The hearing is watched from an adjoining room on closed circuit television by Senator Carl Levin (D-MI) and former Senator Bob Graham (D-FL). (US Congress 3/10/2007) KSM’s confession arouses a great deal of interest in the media, which is skeptical of it (see March 15-23, 2007 and Shortly After).

Senator Charles Grassley (R-IA) tells 60 Minutes that he has looked into the investigation of the 2001 anthrax attacks (see October 5-November 21, 2001), and has concluded that there was leaking by top government officials—not to shut down the sole publicly named suspect, Steven Hatfill, but to disguise a lack of progress in the investigation. Asked if he has any evidence that government officials knowingly planted false information in the press, Grassley replies, “I believe the extent to which they wanted the public to believe that they were making great progress in this case, and the enormous pressure they had after a few years to show that, yes, that they was very much misleading the public.” He adds that the leaking hurt the investigation: “Because it gave people an indication of where the FBI was headed for. And if you knew what that road map was, that if you were a guilty person you would be able to take action to avoid FBI.” (CBS News 3/11/2007)

A cartoonist’s view of Khalid Shaikh Mohammed’s confession.A cartoonist’s view of Khalid Shaikh Mohammed’s confession. [Source: Rob Rodgers / Pittsburgh Post-Gazette]Khalid Shaikh Mohammed’s (KSM) confession at a Guantanamo Bay hearing (see March 10, 2007), becomes, as Time puts it, “a focus of cable TV and other media coverage, a reminder of America’s ongoing battle against international terrorism.” (Zagorin 3/15/2007) However, terrorism analysts are skeptical of some aspects of it. In an article entitled Why KSM’s Confession Rings False, former CIA agent Robert Baer says that KSM is “boasting” and “It’s also clear he is making things up.” Specifically, Baer doubts that KSM murdered Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Baer notes that this “raises the question of just what else he has exaggerated, or outright fabricated.” Baer also points out he does not address the question of state support for al-Qaeda and that “al-Qaeda also received aid from supporters in Pakistan, quite possibly from sympathizers in the Pakistani intelligence service.” (Baer 3/15/2007) Pearl’s father also takes the confession of his son’s murder “with a spice of doubt.” (Chaudhuri 3/23/2007) Journalist Yosri Fouda, who interviewed KSM in 2002 (see April, June, or August 2002), comments, “he seems to be taking responsibility for some outrages he might not have perpetrated, while keeping quiet about ones that suggest his hand.” Specifically, he thinks KSM may have been involved in an attack in Tunisia that killed about 20 people (see April 11, 2002). (Fouda 3/18/2007) KSM is also believed to have been involved in the embassy and USS Cole bombings (see Mid-1996-September 11, 2001), but these are also not mentioned. Terrorism analyst Bruce Riedel also does not take the confession at face value, saying, “He wants to promote his own importance. It’s been a problem since he was captured.” (Zagorin 3/15/2007) The Los Angeles Times notes that, according to intelligence officials, “the confession should be taken with a heavy dose of skepticism.” A former FBI manager says: “Clearly he is responsible for some of the attacks. But I believe he is taking credit for things he did not have direct involvement in.” (Meyer 3/16/2007) The Seattle Post-Intelligencer points out that the Plaza Bank, one of the targets KSM says he planned to attack, was actually established in 2006, three years after he was captured. (Pulkkinen 3/15/2007) Michael Scheuer, formerly head of the CIA’s bin Laden unit, notes KSM only says he is “involved” in the plots and that 31 plots in 11 years “can hardly be called excessive.” (Chaudhuri 3/23/2007) Some media are even more skeptical. For example, the Philadelphia Inquirer comments that KSM, “claimed credit for everything but being John Wilkes Booth’s handler.” (Philadelphia Inquirer 3/30/2007)

Conservative radio host Rush Limbaugh tells his audience why he believes Democrats support affirmative action, the set of legal guidelines that mandate equitable hiring practives on the basis of race. “I made this point in the early eighties, mid-eighties when this all started,” he says. “Affirmative action is about making sure that the race wars never end.” Authors Kathleen Hall Jamieson and Joseph N. Cappella, in their book Echo Chamber, will note that Limbaugh’s audience, like those of most conservative pundits and talk shows, is overwhelmingly white. (Jamieson and Cappella 2008, pp. 102)

Conservative radio host Glenn Beck tells his listeners that because he is American, white, Christian, and conservative, he “can’t win.” “Conservatives get no respect,” he says, and adds: “[I]f you are a white human that loves America and happens to be a Christian, forget about it, Jack. You are the only one that doesn’t have a political action committee for you.… I mean, I was talking about it with my family yesterday. I said, ‘I’m tired of being the least popular person in the world.‘… We’re Americans. Nobody likes Americans. We’re Americans, so the world hates us. But then inside of America, we love America—and that’s becoming more and more unpopular.” Being a Christian “is not popular anymore,” he claims, and says: “I’ve got to find one thing that I agree with the rest of the world on, I guess. I’m tired of being in that group.” For all of Beck’s claims of being unpopular because of his heritage, his faith, and his race, he hosts a daily radio show, an evening program on CNN Headline News, and serves as a commentator on ABC’s Good Morning America. (Media Matters 4/2/2007)

Jack Kemp.Jack Kemp. [Source: Los Angeles Times]Former representative and Republican vice-presidential candidate Jack Kemp (R-NY) recommends that President Bush pardon convicted felon Lewis Libby (see March 6, 2007). Kemp’s column, printed in the conservative Web publication Town Hall, is not as vociferous in its condemnation of the Libby perjury trial and special counsel Patrick Fitzgerald as some published by his conservative colleagues (see March 6, 2007, March 6, 2007, March 7, 2007, March 7, 2007, March 8-9, 2007, March 9, 2007, and March 11, 2007). Kemp begins his column by telling his readers that two jurors in the trial, Ann Redington and Denis Collins, have “endors[ed] a pardon,” quoting Redington from her interview on MSNBC’s Hardball (see March 8, 2007) and Collins from a column by the New York Times’s Maureen Dowd (Collins’s “endorsement” was a tepid “I would really not care” when asked if he would support a pardon for Libby—see March 8, 2007). Kemp writes of a pardon, “It’s the right thing to do and it’s the right thing to do now—anything less makes a travesty of our system of justice.” Kemp echoes his colleagues’ arguments that Fitzgerald prosecuted Libby for political reasons, particularly in an attempt to target Vice President Dick Cheney. He then notes that two previous presidents, George H. W. Bush and Bill Clinton, have pardoned government officials who were targeted by special prosecutors—Bush in his pardon of convicted Iran-Contra conspirator Caspar Weinberger (see December 25, 1992) and Clinton’s pre-emptive pardon of then-CIA Director John Deutch, who was under investigation for mishandling classified information on his home computer. Weinberger was facing the possibility of years of jail time; Deutch was negotiating with prosecutors for a guilty plea to a single misdemeanor charge. Kemp repeats debunked charges that the CIA did not treat Valerie Plame Wilson’s status as either classified or particularly sensitive (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, September 6, 2006, and March 16, 2007) and also repeats his colleagues’ charges that the government’s witnesses had no better memories of key events than did Libby. Kemp concludes: “Most prosecutors would walk away from such a case—a case based on a faulty premise and focused on faulty memories months after the fact. President Bush would be well within presidential authority and past presidential practice if he were to rectify this travesty in the near future. My hope is he pardons Libby now!” (Kemp 4/3/2007)

Bush administration officials tell Senate Intelligence Committee members that they will not promise to continue seeking warrants for surveillance on US citizens, as the administration agreed to do in January 2007. They insist that President Bush has the Constitutional authority to decide whether or not to order the NSA to conduct surveillance without warrants if he desires. The secret wiretapping program was revealed to the public just weeks before the agreement (see December 15, 2005), and immediately drew tremendous outcries of criticism from civil libertarians, from lawmakers from all across the political spectrum, and from much of the public. Since the January agreement, the Foreign Intelligence Surveillance Act (FISA) court has issued warrants for domestic wiretaps after being given evidence showing some kind of probable cause to justify the proposed surveillance. Previously, the wiretapping program had ignored the FISA restrictions. Now Bush officials, most notably the new director of national intelligence, Mike McConnell, are saying that Bush has the authority under Article II of the Constitution to order warrantless wiretaps on US citizens.
Invoking Presidential Authority - In Senate testimony on this day, Russ Feingold (D-WI) asks McConnell if he is willing to promise that the administration will no longer ignore the law and the court when monitoring citizens. McConnell replies, “Sir, the president’s authority under Article II is in the Constitution. So if the president chose to exercise Article II authority, that would be the president’s call.” McConnell is echoing previous arguments made by Bush and other officials, who have said that Bush has the power to order wiretaps without court review, both under the Constitution and under the September 2001 Congressional authorization to use military force against al-Qaeda. McConnell says that the administration is conducting surveillance against Americans only with court warrants, and has no plans “that we are formulating or thinking about currently” to resume domestic wiretapping without warrants. “But I’d just highlight,” he adds, “Article II is Article II, so in a different circumstance, I can’t speak for the president what he might decide.” (Risen 5/2/2007) Article II is the section of the Constitution that delineates the powers of the executive branch, and establishes the fundamental “separation of powers” doctrine that governs American democracy. Constitutional expert Steve Mount notes that the “Constitution is deliberately inefficient; the “Separation of Powers devised by the framers of the Constitution was designed to do one primary thing: to prevent the majority from ruling with an iron fist.” (Mount 1995)
White House Seeking Congressional Authorization - While the administration continues to argue that it has the power to eavesdrop on US citizens without warrants, it also continues to seek Congressional legislation affirming and perhaps expanding that power. The White House justifies that hoped-for legislation by pointing to national security and the war on terrorism, as well as the challenges posed by new communications technologies such as e-mail and wireless communications. White House officials have consistently refused to go into specifics as to what communications gaps they feel need plugging. And they have consistently ignored Congressional requests for information and documents related to the NSA’s domestic spy program, now being called the “Terrorist Surveillance Program” by White House officials and their Republican colleagues. Many Congressional Democrats say they would be reluctant to support any such legislation until they receive the information they have requested. “To this day, we have never been provided the presidential authorization that cleared that program to go or the attorney general-Department of Justice opinions that declared it to be lawful,” says Senator Sheldon Whitehouse (D-RI). “Where’s the transparency as to the presidential authorizations for this closed program? That’s a pretty big ‘we’re not going to tell you’ in this new atmosphere of trust we’re trying to build.” (Risen 5/2/2007)

Conservative radio host Rush Limbaugh, in another of his now-famous broadsides against feminists (whom he routinely calls “femi-Nazis” and characterizes as “anti-male”), says: “I blast feminists because they’re liberal. Feminism is liberal. It screwed women up as I was coming of age in my early twenties.… It changed naturally designed roles and behaviors and basically, they’re trying to change human nature, which they can’t do.” Limbaugh’s “Life Truth No. 24” states that “feminism was established so as to allow unattractive women easier access to society.” Authors Kathleen Hall Jamieson and Joseph N. Cappella, in their book Echo Chamber, will note, “There is apparently no comparable movement to facilitate the social integration of unattractive men.” (Jamieson and Cappella 2008, pp. 103)

Judge Reggie Walton, who presided over the Lewis Libby perjury trial (see March 6, 2007), says in the interest of transparency he will release the more than 150 letters he has received regarding Libby’s upcoming sentencing (see May 25, 2007 and June 5, 2007). He will release the letters after sentence is passed. Many of the letters are from current and former Bush administration officials pleading for leniency on Libby’s behalf. Libby, through his attorney William Jeffress, opposes the letters’ release, saying the letter writers never expected their words to be made public. (CBS News 1/25/2007; Associated Press 5/31/2007) The letters are released after Libby’s sentencing. Former Defense Secretary Donald Rumsfeld wrote of Libby, “I know Mr. Libby to be a patriot, a dedicated public servant, a strong family man, and a tireless, honorable, selfless human being.” Henry Kissinger, the secretary of state in the Nixon administration and an informal Bush administration adviser, wrote: “I would never have associated the actions for which he was convicted with his character. Nor do I believe that they will ever be repeated. Having served in the White House and under pressure, I have seen how difficult it is to recall precisely a particular series of events.” (Roston 6/5/2007) Others who submitted letters include General Peter Pace, former Clinton administration peace negotiator Dennis Ross, and former Bush administration officials Paul Wolfowitz and John Bolton. President Bush and Vice President Dick Cheney did not submit letters on behalf of Libby. (Totenberg 6/5/2007) Jeffress actively solicited letters from Libby’s friends and associates asking Walton to either give Libby a light sentence or no real sentence at all. In Jeffress’s filing asking that the letters remain private, he writes, “Given the extraordinary media scrutiny here, if any case presents the possibility that these letters, once released, would be published on the Internet and their authors discussed, even mocked, by bloggers, it is this case.” Marcy Wheeler, who spearheaded a team of bloggers that provided in-depth coverage of the Libby case (see February 15, 2007), derides Jeffress’s fears of being mocked by bloggers, but says there are far more compelling reasons to release the letters than to discomfit the letter writers. Wheeler notes that a lighter sentence would dissuade Libby from testifying against his former boss, Cheney, who is widely suspected of orchestrating the Plame Wilson exposure. Moreover, some of Libby’s supporters themselves have reason, she writes, “to be thankful that Libby successfully obstructed the investigation” and are anything but neutral. Finally, she writes: “[T]his sentencing, now scheduled for June 5, takes place against the background of the Bush administration’s purge of at least nine US attorneys, in at least one case at the behest of Republicans who complained that the US attorney didn’t file charges against a Democrat before an election. We have every reason to suspect that Bush’s supporters have inappropriately intervened in the administration of justice. Without seeing those letters, how can we be sure the same isn’t happening here?” (Wheeler 5/29/2007)

Newsweek’s Jonathan Darman reports that Citizens United (CU), a conservative lobbying and advocacy group headed by activist David Bossie, is producing an unflattering documentary on Senator Hillary Clinton (D-NY), the current frontrunner for the Democratic nomination for president in 2008. The title of the story highlights Clinton’s “likability gap,” but the story itself focuses on the “grudge” borne by Bossie and CU against Clinton and the presidency of her husband, Bill Clinton. The documentary is scheduled for release in theaters in the fall of 2007, Darman reports. One of its potential targets is a generation of young voters who know little about the Whitewater and Lewinsky scandals that dogged the Clinton administration. Bossie says, “There’s an enormous market for Hillary Clinton information.” R. Emmett Tyrell Jr., the editor of the American Spectator and the author of numerous books purporting to tell the truth behind the Clinton allegations, says there are “active research teams” working to expose Clinton. “They’re out there,” he says. “I get calls all the time.” Clinton’s campaign says the documentary is “old news” and “cash for rehash.” Darman notes: “For all the charges through the years, none has ever stuck. Arguably the most-investigated woman in contemporary American life moved from tabloid target in the White House to winning a Senate seat in one of the nation’s most contentious states. It’s her resilience and capacity to survive and thrive against all comers that partly fuels the haters’ fury.” However, some voters still harbor distrust and resentment towards Clinton, stemming in part from her reputation as “secretive, controlling, and paranoid,” as Darman characterizes her critics’ feelings towards her, as first lady. Her negative perception polling is remarkably high for a potential presidential candidate. Darman writes: “[T]he real problem many Democratic voters have with Clinton is the sneaking suspicion that with so much of the country against her, she can never win a general election. Clinton’s fate may well come down to her ability to deal with a vexing question: what is it about me that so many people don’t like?” Clinton is, Darman writes, “a comic-book villain for her detractors—a man-eating feminist, they claimed, who allegedly threw lamps at her husband, communed psychically with Eleanor Roosevelt, and lit a White House Christmas tree adorned with sex toys. The narrative of depravity—a tissue of inventions by conservatives—was often hard to follow. Was she, as they imagined her, a secret lesbian who fostered a West Wing culture of rampant homosexuality? Or was she the duplicitous adulteress who slept with former law partner Vincent Foster, ordered his death, and then made it look like a suicide? Disjointed as they may have been, Hillary horror tales soon became big business on talk radio.” But the attacks have not weakened her appreciably, and may have strengthened her as a candidate. (Darman 6/17/2007) The liberal watchdog organization Media Matters notes that Darman fails to alert his readers to what it calls Bossie’s past “slimy tactics” (see May 1998). (Chiachiere and Maloy 6/11/2007) The documentary will not be released until the summer of 2008 (see January 10-16, 2008), and will become the focus of a landmark Supreme Court decision regarding campaign finance (see January 21, 2010).

Former Reagan Justice Department official and constitutional lawyer Bruce Fein and former civil liberties lawyer Glenn Greenwald applaud the recent ruling requiring the government to overturn alleged al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri’s military detention status (see June 11, 2007). Fein writes that the decision “rebuked President Bush’s frightening claim that the Constitution crowned him with power to pluck every American citizen from his home for indefinite detention without trial on suspicion of preparing for acts of international terrorism.” Other terrorist acts, such as the 1995 Oklahoma City bombings (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and the 1993 World Trade Center bombings (see February 26, 1993), “were tried and punished in civilian courts,” Fein notes, adding that Bush bypassed the USA Patriot Act to classify al-Marri as an enemy combatant, although the Patriot Act “provides a specific method for the government to detain aliens affiliated with terrorist organizations who are believed likely to engage in terrorist activity.” Al-Marri was denied that procedure due to his classification as an enemy combatant. (Fein 6/19/2007) Greenwald writes, “How extraordinary it is—how extraordinarily disturbing it is—that we are even debating these issues at all. Although its ultimate resolution is complicated, the question raised by al-Marri is a clear and simple one: Does the president have the power—and/or should he have it—to arrest individuals on US soil and keep them imprisoned for years and years, indefinitely, without charging them with a crime, allowing them access to lawyers or the outside world, and/or providing a meaningful opportunity to contest the validity of the charges? How can that question not answer itself?… Who would possibly believe that an American president has such powers, and more to the point, what kind of a person would want a president to have such powers? That is one of a handful of powers that this country was founded to prevent.” (Greenwald 6/17/2007)

The Supreme Court, ruling in the Wisconsin Right to Life v. Federal Election Commission case, finds that some political advertisements can be exempted from the “electioneering communications” provision of the McCain-Feingold campaign reform act (see March 27, 2002). The case stems from attempts by an anti-abortion advocacy group, Wisconsin Right to Life (WRTL), to run ads asking viewers to contact their senators and urge them to oppose filibusters of judicial nominees. WRTL tried to run its ads during the 30 and 60-day “blackout” periods before the upcoming 2004 elections, but because it accepted corporate contributions and was itself incorporated, the McCain-Feingold restrictions prevented the ads from running. WRTL argued that the ads were not targeting candidates, but were strictly issue-related (see Mid-2004 and After). The case was initially dismissed, but the Supreme Court reversed that decision and remanded the case back to the lower courts. The Federal Election Commission (FEC) argued that the ads were intended to influence US Senate elections in Wisconsin, and thusly should be regulated by McCain-Feingold. A district court disagreed, ruling against the FEC and finding that the ads were “protected speech” (see January 30, 1976), though it limited its findings solely to the WRTL ads and specified that its ruling was not to apply to other cases. The FEC appealed the case to the US Supreme Court, which in a 5-4 decision finds that the district court’s ruling is valid. Chief Justice John Roberts writes the majority opinion, which establishes broad exemptions for advertisements that could be “reasonably” interpreted as being about legislative issues and not directed on behalf of, or against, a particular candidate. As long as “issue ads” do not contain the “functional equivalent” of express advocacy for or against a candidate, the Roberts opinion holds, and the advertisements are legal. The ads involve “core political speech” that is protected by the First Amendment, Roberts finds: “We give the benefit of the doubt to speech, not censorship.” Justice David Souter writes the dissenting opinion. Justices Antonin Scalia and Clarence Thomas write a concurring opinion that joins them with Roberts and the other two conservative justices, but in their concurrence, they say they would overturn the McCain-Feingold law in its entirety. (Geraci 2006 pdf file; Savage 6/26/2007; FindLaw 2011; National Public Radio 2012; Oyez (.org) 7/1/2012) Roberts is careful in the language of his majority opinion, writing that “the First Amendment requires us to err on the side of protecting political speech rather than suppressing it.” He does not directly advocate for the overturning of the McCain-Feingold law, but referring to the 2003 McConnell decision that upheld the law (see December 10, 2003), he writes, “We have no occasion to revisit that determination today.” In 2012, reporter Jeffrey Toobin will write of Roberts’s use of the word “today,” “To those who know the language of the Court, the Chief Justice was all but announcing that five justices would soon declare the McCain-Feingold law unconstitutional.” (Toobin 5/21/2012) Toobin is referring to the 2010 Citizens United decision that will overturn most of the law (see January 21, 2010).

Representative Ron Paul, profiled in a New York Times article, answers a question about his connections to the John Birch Society (JBS—see March 10, 1961, 1978-1996, August 4, 2008 and December 2011). “Oh, my goodness, the John Birch Society!” Paul replies in what the reporter calls “mock horror.” “Is that bad? I have a lot of friends in the John Birch Society. They’re generally well educated and they understand the Constitution. I don’t know how many positions they would have that I don’t agree with. Because they’re real strict constitutionalists, they don’t like the war, they’re hard-money people.” (Caldwell 7/22/2007) The JBS is, according to the Southern Poverty Law Center, a prominent right-wing extremist group that has accused a number of lawmakers, including former President Dwight D. Eisenhower, of being “closet Communists,” and promotes “wild conspiracy theories” such as the “international Jewish” conspiracy to control the global economy and the idea that the World War II Holocaust never happened. The JBS has been a pioneer in what an analysis by Political Research Associates (PRA) will call “the encoding of implicit cultural forms of ethnocentric white racism and Christian nationalist antisemitism rather than relying on the white supremacist biological determinism and open loathing of Jews that had typified the old right prior to WWII.” PRA will note, “Throughout its existence, however, the Society has promoted open homophobia and sexism.” (Political Research Associates 2010; Zaitchick 8/17/2010)

The Protect America Act (PAA) (see August 5, 2007), an amendment to the Foreign Intelligence Surveillance Act (FISA—see 1978), is introduced in Congress. With limited debate and no committee hearings, it passes both houses with substantial majorities. (US Senate 8/5/2007; Savage 8/6/2007; House Judiciary Committee 9/18/2007 pdf file) Congressional Democrats quickly capitulate on the bill, submitting to what the Washington Post later calls “a high-pressure campaign by the White House to change the nation’s wiretap law, in which the administration capitalized on Democrats’ fears of being branded weak on terrorism and on Congress’s desire to act on the issue before its August recess.” (Nakashima and Warrick 8/5/2007) Indeed, one Republican senator, Trent Lott, warns during the initial debate that lawmakers should pass the law quickly and get out of Washington before they could be killed in a terrorist attack (see August 2, 2007). McConnell tells the Senate, “Al-Qaeda is not going on vacation this month.” And Democrat Joseph Lieberman (D-CT), a supporter of the bill, told his colleagues: “We’re at war. The enemy wants to attack us. This is not the time to strive for legislative perfection.” (Keefe 8/6/2007)
Some Democrats Unhappy - One Democratic lawmaker responds angrily: “There are a lot of people who felt we had to pass something. It was tantamount to being railroaded.” Many House Democrats feel betrayed by the White House; Democratic leaders had reached what they believed was a deal on the bill with the Director of National Intelligence, Mike McConnell, only to have the White House throw out the deal and present a new list of conditions at the last minute. Both McConnell and the White House deny that any such deal was reached. Jan Schakowsky (D-IL), a member of the House Intelligence Committee, says, “I think the White House didn’t want to take ‘yes’ for an answer from the Democrats.” Representative Jerrold Nadler (R-NY) says lawmakers were “stampeded by fear-mongering and deception” into voting for the bill. Fellow House Democrat Jane Harman (D-CA) warns that the PAA will lead to “potential unprecedented abuse of innocent Americans’ privacy.” (Nakashima and Warrick 8/5/2007) The ACLU’s Caroline Fredrickson has a succinct explanation of why the Democrats folded so quickly: “Whenever the president says the word terrorism, they roll over and play dead.” (Keefe 8/6/2007)
AT&T Whistleblower: Democratic Leadership Colluded in Passing PAA - AT&T whistleblower Mark Klein (see July 7, 2009 and December 15-31, 2005) will later write that the Democrats played a far more active role in getting the PAA passed than others acknowledge. He will quote a 2008 column by liberal civil liberties advocate Glenn Greenwald, who will write: “[I]n 2006, when the Congress was controlled by [then-Senate Majority Leader] Bill Frist [R-TN] and [then-House Speaker] Denny Hastert [R-IL], the administration tried to get a bill passed legalizing warrantless eavesdropping and telecom amnesty, but was unable. They had to wait until the Congress was controlled by [House Majority Leader] Steny Hoyer [D-MD], [House Speaker] Nancy Pelosi [D-CA], and [Senate Majority Leader] Harry Reid [D-NV] to accomplish that.” According to Klein, once the Democrats took control of Congress in January 2007, they engaged in “pure theater, posturing as opponents of the illegal NSA program while seeking a way to protect the president.” The few principled Democrats to actively oppose the legislation, such as Senator Christopher Dodd (D-CT), were, Klein will write, “hamstrung by their own leadership.” The PAA passage was accompanied by refusals from the Democratic leaders of “the relevant Intelligence and Judiciary Committees, which were now led by Democrats such as [John D.] Rockefeller, [Dianne] Feinstein (see February 1-6, 2006), and [Patrick] Leahy in the Senate, and John Conyers and Sylvestre Reyes in the House,” who “quickly decided not to launch any serious investigations into the NSA spying.” Klein will later add that at the time of the PAA passage, he was unaware of how thoroughly Democrats had been briefed on the NSA program (see October 1, 2001, October 11, 2001, October 25, 2001 and November 14, 2001, July 17, 2003, and March 10, 2004), “and thus were in on the secret but took no action to stop it.” (Greenwald 6/19/2008; Klein 2009, pp. 86-87)

During the Senate debate over the controversial Protect America Act (see August 5, 2007), Minority Leader Trent Lott (R-MS) says that the threat from terrorism is so dire, and so imminent, that lawmakers should pass the law and then get out of Washington as soon as they can to save their own lives. (Congress goes into recess in a few days.) Lott says that Congress needs to pass the PAA, otherwise, “the disaster could be on our doorstep.” He continues, “I think it would be good to leave town in August, and it would probably be good to stay out until September the 12th.” Lott provides no information about any predictions of an imminent terrorist attack on Washington or anywhere else. (Roll Call 8/2/2007)

Congressional Democrats attempt to short-circuit the Protect America Act (see August 5, 2007) currently under debate. They introduce their own bill, the Improving Foreign Intelligence Surveillance to Defend the Nation and the Constitution Act, that would address the administration’s concerns that the Foreign Intelligence Surveillance Act imposed unwieldy limitations on the NSA’s ability to electronically monitor foreign communications that were transmitted through communications networks inside the US. The Democrats’ bill redefines “electronic surveillance” to allow the NSA to monitor such communications without a FISA warrant if it “reasonably believes” the targets of those communications to be outside the US. This would give the NSA new surveillance powers, so the Democrats’ bill provides for oversight by the FISA Court, audits by the Justice Department’s Inspector General, and restrictions on domestic surveillance. However, the Bush administration does not want the bill to become law. President Bush announces that he opposes the bill, and threatens to hold Congress in session past its August adjournment date until he can get the Protect America Act passed. The Democrats’ bill dies before ever coming up for a full vote in Congress. (US House of Representatives 8/3/2007 pdf file; Keefe 8/6/2007)

Mitch McConnell.Mitch McConnell. [Source: US Senate]President Bush signs the controversial Protect America Act (PAA) into law. The bill, which drastically modifies the Foreign Intelligence Surveillance Act (FISA) of 1978 (see 1978), was sponsored by two Senate Republicans, Mitch McConnell (R-KY) and Christopher Bond (R-MO), but written by the Bush administration’s intelligence advisers. (US Senate 8/5/2007; Nakashima and Warrick 8/5/2007) It passed both houses of Congress with little debate and no hearings (see August 1-4, 2007). “This more or less legalizes the NSA [domestic surveillance] program,” says Kate Martin, director of the Center for National Security Studies. (Risen 8/6/2007) Slate’s Patrick Radden Keefe adds ominously, “The Foreign Intelligence Surveillance Act is now dead, and it’s never coming back.” (Keefe 8/6/2007) The PAA expires in six months, the only real concession Congressional Democrats were able to secure. Though the Bush administration and its allies in Congress insist that the law gives the government “the essential tools it needs” to conduct necessary surveillance of foreign-based terrorists while protecting Americans’ civil liberties, many Democrats and civil liberties organizations say the bill allows the government to wiretap US residents in communication with overseas parties without judiciary or Congressional oversight. Bush calls the bill “a temporary, narrowly focused statute to deal with the most immediate shortcomings in the law” that needs to be expanded and made permanent by subsequent legislation. The administration says that the lack of judiciary oversight in the new law will be adequately covered by “internal bureaucratic controls” at the National Security Agency. (Associated Press 8/5/2007; Nakashima and Warrick 8/5/2007)
Reining in FISA - The PAA allows FISA to return “to its original focus on protecting the rights of Americans, while not acting as an obstacle to conducting foreign intelligence surveillance on foreign targets located overseas.” Before the PAA, the White House says, FISA created unnecessary obstacles in allowing US intelligence to “gain real-time information about the intent of our enemies overseas,” and “diverted scarce resources that would be better spent safeguarding the civil liberties of people in the United States, not foreign terrorists who wish to do us harm.” The PAA no longer requires the government to obtain FISA warrants to monitor “foreign intelligence targets located in foreign countries” who are contacting, or being contacted by, US citizens inside US borders. FISA will continue to review the procedures used by US intelligence officials in monitoring US citizens and foreign contacts by having the attorney general inform the FISA Court of the procedures used by the intelligence community to determine surveillance targets are outside the United States.”
Allows Third Parties to Assist in Surveillance, Grants Immunity - The PAA also allows the director of national intelligence and the attorney general to secure the cooperation of “third parties,” particularly telecommunications firms and phone carriers, to “provide the information, facilities, and assistance necessary to conduct surveillance of foreign intelligence targets located overseas.” It provides these firms with immunity from any civil lawsuits engendered by such cooperation.
Short Term Legislation - The White House says that Congress must pass further legislation to give telecommunications firms permanent and retroactive immunity against civil lawsuits arising from their cooperation with the government’s domestic surveillance program. (White House 8/6/2006)
Temporary Suspension of the Constitution? - Representative Rush Holt (D-NJ), a member of the House Intelligence Committee, says: “I’m not comfortable suspending the Constitution even temporarily. The countries we detest around the world are the ones that spy on their own people. Usually they say they do it for the sake of public safety and security.” (Nakashima and Warrick 8/5/2007)

The American Civil Liberties Union registers bitter disapproval of the newly passed Protect America Act (see August 5, 2007), which it disparagingly labels the “Police America Act.” It writes: “[The act] allows for massive, untargeted collection of international communications without court order or meaningful oversight by either Congress or the courts. It contains virtually no protections for the US end of the phone call or email, leaving decisions about the collection, mining and use of Americans’ private communications up to this administration.” The Attorney General can issue warrants for domestic surveillance of international communications without court review, and can order surveillance of people outside of the US for a year, all without any review by the FISA Court. The PAA “cut[s FISA] out of the process, leaving the executive branch unchecked.” Any telephone or e-mail communications from US citizens “caught up in the dragnet” can be examined at the government’s leisure, the ACLU says, without any privacy considerations or respect for Constitutional rights. The law leaves “the administration to decide how to collect, store, datamine and use Americans’ private communications.” The ACLU says that the court review provisions of the PAA are a sham. The Attorney General need not explain how US citizens’ communications are handled once they are intercepted. The FISA Court “will have no information about how extensive the breach of American privacy is, nor the authority to remedy it.” The provisions for Congressional oversight are equally meaningless, the ACLU says, because the Attorney General is not required to disclose any information about what domestic communications the government has intercepted or what is being done with those intercepts. (American Civil Liberties Union 8/7/2007)

Aziz Huq.Aziz Huq. [Source: American Prospect]Aziz Huq, an author and the director of the Brennan Center for Justice at New York University, writes that the Protect America Act (PAA-see August 5, 2007) came about as a result of what he calls “the most recent example of the national security waltz, a three-step administration maneuver for taking defeat and turning it into victory.” Step one is a court defeat for the administration, for example regarding detainees at Guantanamo (see June 28, 2004), or the overruling of military commissions in 2006 (see June 30, 2006). The second step, which comes weeks or months later, is an announcement that the ruling has created a security crisis and must be “remedied” through immediate legislation. The third and final step is the administration pushing legislation through Congress, such as the Detainee Treatment Act (see December 15, 2005) or the Military Commissions Act, that, Huq writes, “not only undoes the good court decision but also inflicts substantial damage to the infrastructure of accountability.”
Step One: FISC Refuses to Approve NSA's Surveillance Program - In January 2007, the administration announced that it was submitting the NSA’s domestic surveillance program to the Foreign Intelligence Surveillance Court (FISC), the secret court that issues FISA warrants for surveillance (see May 1, 2007). This was due to pending court cases threatening to rule the program in violation of FISA and the Fourth Amendment; the administration wanted to forestall, or at least sidestep, those upcoming rulings. In June, FISC refused to approve parts of the NSA program that involved monitoring overseas communications that passed through US telecom switches. Since a tremendous amount of overseas communications are routed through US networks, this ruling jeopardized the NSA’s previous ability to wiretap such communications virtually at will without a warrant. The administration objected to the NSA having to secure such warrants.
Step Two: The Drumbeat Begins - Months later, the drumbeat for new legislation to give the NSA untrammeled rights to monitor “overseas” communications, which not only traveled through US networks, but often began or ended with US citizens, began with appearances in the right-wing media by administration supporters, where they insisted that the FISC ruling was seriously hampering the NSA’s ability to garner much-needed intelligence on terrorist plots against the US. The White House and Congressional Republicans drafted legislation giving the NSA what it wanted, and presented it during the last week of the Congressional session, minimizing the time needed for scrutiny of the legislation as well as reducing the time available for meaningful debate.
Step Three: Passing a Law With Hidden Teeth - The legislation that would become the Protect America Act was carefully written by Bush officials, and would go much farther than giving the NSA the leeway it needed to wiretap US citizens. Instead, as Huq writes, “the Protect America Act is a dramatic, across-the-board expansion of government authority to collect information without judicial oversight.” Democrats believed they had negotiated a deal with the administration’s Director of National Intelligence, Mike McConnell, to limit the law to addressing foreign surveillance wiretaps, but, Huq writes, “the White House torpedoed that deal and won a far broader law.” The law removes any real accountability over domestic surveillance by either Congress or the judiciary. Former CIA officer Philip Giraldi says that the PAA provides “unlimited access to currently protected personal information that is already accessible through an oversight procedure.” The law is part of the administration’s continual attempts to “eviscerat[e]” the checks and balances that form the foundation of US democracy.
Ramifications - The law includes the provision that warrantless surveillance can be “directed at a person reasonably believed to be located outside of the United States.” Huq writes that this is a tremendously broad and vague standard that allows “freewheeling surveillance of Americans’ international calls and e-mails.” He adds: “The problem lies in the words ‘directed at.’ Under this language, the NSA could decide to ‘direct’ its surveillance at Peshawar, Pakistan—and seize all US calls going to and from there.… Simply put, the law is an open-ended invitation to collect Americans’ international calls and e-mails.” The law does not impose any restrictions on the reason for surveillance. National security concerns are no longer the standard for implementing surveillance of communications. And the phrase “reasonably believe” is uncertain. The provisions for oversight are, Huq writes, “risibly weak.” Surveillance need only be explained by presentations by the Director of National Intelligence and the Attorney General to FISC, which has little room to invalidate any surveillance, and furthermore will not be informed of any specific cases of surveillance. As for Congress, the Attorney General only need inform that body of “incidents of noncompliance” as reported by the administration. Congress must rely on the administration to police itself; it cannot demand particulars or examine documentation for itself. The law expires in six months, but, Huq notes, that deadline comes up in the middle of the 2008 presidential campaign, with all the pressures that entails. And the law allows “the NSA to continue wielding its new surveillance powers for up to a year afterward.” The law, Huq writes, “does not enhance security-related surveillance powers. Rather, it allows the government to spy when there is no security justification. And it abandons all but the pretense of oversight.” (Huq 8/7/2007)

Former Nixon White House counsel John Dean considers the newly passed Protect America Act (PAA—see August 5, 2007) a dire threat to American civil liberties. Dean writes that the ire of rank-and-file Democrats with their Congressional leadership is well earned, that the Democrats meekly lined up and voted it into law after some pro forma protestations. Dean notes that editorialists from around the country, and organizations as politically disparate as the ACLU (see August 6, 2007), the Cato Institute, and the John Birch Society (see March 10, 1961 and December 2011) all agree that the new law is a serious threat to civil liberties. They all agree that the law violates the Fourth Amendment while at the same time hides its operations under the rubric of national security secrecy. Dean notes, “Congress was not even certain about the full extent of what it has authorized because President Bush and Vice President Cheney refused to reveal it.”
Executive Power Grab - Dean writes that as much of a threat as the PAA is to citizens’ privacy, it is more threatening because it is another step in the Bush administration’s push for enhancing the powers of the executive branch at the expense of the legislative and judiciary branches, a move towards a so-called “unitary executive.” Bush and Cheney have worked relentlessly “to weaken or eliminate all checks and balances constraining the executive,” Dean writes, pointing to “countless laws enacted by the Republican-controlled Congresses during the first six years of the administration, and in countless signing statements added by the president interpreting away any constraints on the Executive.” The new law “utterly fails to maintain any real check on the president’s power to undertake electronic surveillance of literally millions of Americans. This is an invitation to abuse, especially for a president like the current incumbent.”
Repairing the Damage - Dean is guardedly optimistic about the Democrats’ stated intentions to craft a new law that will supersede the PAA, which expires in February 2008, and restore some of the protections the PAA voids. Any such legislation may be quickly challenged by the Bush administration, which wants retroactive legislative immunity from prosecution for both US telecommunications firms cooperating with the government in monitoring Americans’ communications, and for government officials who may have violated the law in implementing domestic surveillance. Dean writes: “[B]efore Congress caved and gave Bush power to conduct this surveillance, he and telecommunication companies simply opted to do so illegally. Now, Bush will claim, with some justification, that because Congress has now made legal actions that were previously illegal, it should retroactively clear up this nasty problem facing all those who broke the law at his command.” Dean writes that Democrats need only do one thing to “fix [this] dangerous law: [add] meaningful accountability.” He continues: “They must do so, or face the consequences. No one wants to deny the intelligence community all the tools it needs. But regardless of who sits in the Oval Office, no Congress should trust any president with unbridled powers of surveillance over Americans. It is not the way our system is supposed to work.” (Dean 8/10/2007)

Rock musician Ted Nugent, brandishing an assault rifle on stage in this undated photo. It is not clear whether the rifle is real.Rock musician Ted Nugent, brandishing an assault rifle on stage in this undated photo. It is not clear whether the rifle is real. [Source: NIN (.com)]During a concert, rock musician Ted Nugent brandishes what appears to be an assault rifle on stage and makes crude and profane comments about Senators Barack Obama (D-IL) and Hillary Clinton (D-NY), the two leading contenders for the Democratic presidential nomination.
Invitations to 'Suck on My Machine Gun' - In a video clip of the incident, Nugent waves the rifle around and shouts: “I was in Chicago. I said, ‘Hey, Obama, you might want to suck on one of these, you punk!’ Obama, he’s a piece of sh_t. I told him to suck on my machine gun. Let’s hear it for it. And I was in New York. I said, ‘Hey, Hillary, you might want to ride one of these into the sunset, you worthless b_tch!” He also invites Senator Barbara Boxer (D-CA) to “suck on my machine gun” and calls Senator Dianne Feinstein (D-CA) a “worthless wh_re.” Nugent, an enthusiastic Republican, has been a member of the National Rifle Association’s board of directors since 1995, and has frequently issued crude and profane criticisms of Democratic candidates and policies.
Fox Host Refuses to Criticize Nugent, Instead Attacks Obama - Three days later, Fox News host Sean Hannity airs a clip of the incident on his show, and, calling Nugent a “friend and frequent guest on the program,” refuses to criticize his statements. Hannity shows the clip, then says: “That was friend and frequent guest on the program Ted Nugent expressing his feelings towards Democratic presidential contenders Barack Obama and Hillary Rodham Clinton. Joining us now, Democratic strategist Bob Beckel and Republican strategist Karen Hanretty.” Hannity asks Beckel why liberals might be upset at Nugent’s rhetoric but, he says, “I don’t hear anybody criticizing Barack Obama for accusing our troops of killing civilians, air-raiding villages, et cetera, et cetera. What’s more shocking to you? What’s more offensive to you? Is it Barack Obama’s statement about our troops or Ted Nugent?” (Hannity is referring to a recent allegation he made that Obama was lying about US troops killing Afghan civilians; Hannity’s allegation was itself false—see August 21, 2007). Beckel responds: “You know, only you could figure out a way to ask a question like that. First of all, Nugent, this is a boy who’s missing a couple dogs from under his front porch. This guy has been pimping for Republicans for years now. They want him to run for Senate against Obama. I can’t believe—when the Dixie Chicks said something about George Bush, which was mild compared to this jerk, and the religious right, the Dobsons and the Robertsons, rose up in fury. You rose up in fury.” (Beckel is referring to complaints from Hannity and other conservatives that followed comments by the lead singer of the country group the Dixie Chicks that criticized President Bush—see March 10, 2003 and After.) Hannity says: “You know, typical Bob Beckel. But you can’t answer the question. I didn’t ask you that.” After a brief period of crosstalk, Beckel asks, “Are you prepared now, Sean—are you prepared to disavow this lowlife or not?” Hannity refuses, saying: “No, I like Ted Nugent. He’s a friend of mine.… [H]e’s a rock star. Yes, here’s my point. If you don’t like it, don’t go to the concert, don’t buy his new albums.” Instead, Hannity asks if Beckel’s “liberal brain can absorb” his question about Obama’s supposed lies regarding Afghanistan, and Beckel responds: “The question is not even a close call. I think Nugent was far over the line and Obama was not.… This Nugent is more offensive. This guy ought to be knocked off the air. He ought to never come on your show again, and if you have him on, you ought to be ashamed of yourself. He’s a bum!”
Hannity Has Criticized 'Hate Speech' Directed at Conservatives - Hannity apparently has different standards for different people. He has accused Clinton of indulging in “hate speech” when she talked about the existence of what she called a “vast right-wing conspiracy.” In March, he devoted an entire segment to a “list of the worst examples of liberal hate speech.” (Roberts 8/24/2007; Media Matters 8/27/2007)

MSNBC runs an inaccurate story about waterboarding and its alleged usefulness. According to an article by Robert Windrem sourced to four senior US officials, only three detainees have been waterboarded: alleged 9/11 mastermind Khalid Shaikh Mohammed, militant training camp facilitator Abu Zubaida, and Jemaah Islamiyah head Hambali. The article contains several claims that will later be proved false:
bullet It says that al-Qaeda leader Abd al-Rahim al-Nashiri was not one of three detainees who was waterboarded. (Windrem 9/13/2007) However, it will later be generally reported that he was indeed waterboarded, and Vice President Dick Cheney will admit it in 2008. (Ward 12/18/2008)
bullet The report claims that Hambali was one of the three detainees who was waterboarded. (Windrem 9/13/2007) However, this claim will later fade, with al-Nashiri replacing Hambali as the third detainee subjected to waterboarding. (Ward 12/18/2008) The article also falsely claims that Hambali was subjected to waterbaording because he was “resistant to other interrogation methods.” It adds that he “cried like a baby,” a claim repeated in a prominent subheadline, and “quickly told all he knew.” (Windrem 9/13/2007)
bullet One former senior intelligence official is quoted as saying that “KSM required, shall we say, re-dipping,” although it will later emerge that KSM was waterboarded 183 times on five separate days (see After March 7, 2003 and April 18, 2009).
In addition, the article says, “a total of 13 high value detainees—all of them ranking al-Qaeda operatives—were subjected to ‘enhanced interrogation techniques’ in 2002 through 2004.” (Windrem 9/13/2007) However, according to a 2008 interview with Cheney, the US applied enhanced interrogation techniques to 33 detainees. This number appears to relate to a longer period, from 9/11 until late 2008, although cases where enhanced techniques were used after 2004 are not well known. (Ward 12/18/2008)

Laurie Mylroie, a neoconservative author whose theories that Saddam Hussein was responsible for the 1993 World Trade Center bombing (see October 2000) and the 9/11 attacks (see September 12, 2001 and July 2003) have been repeatedly discredited (see February 2003, July 9, 2003, and December 2003), produces a report on Iraq for the Pentagon. Reporter Justin Elliott, learning about Mylroie’s position with the Defense Department in 2009, cites Mylroie as an example of “neoconservatives… falling upward,” or “repeatedly getting important things wrong and… being handed new opportunities to pursue their work.” Mylroie’s report, “Saddam’s Foreign Intelligence Service,” follows her February 2007 study entitled “Saddam’s Strategic Concepts: Dealing With UNSCOM.” Both were produced for the Pentagon’s Office of Net Assessment [ONA], which the Washington Post has described as an “obscure but highly influential” bureau within the department. In 2009, Jacob Heilbrunn, who has written a book about neoconservatives, will say: “It’s kind of astonishing that the ONA would come even within a mile of her. I think she is completely discredited.” The New America Foundation’s Steve Clemons will add: “I’m shocked. If this came out in 2007, she was presumably working on it in 2006, and, by that time, the fate and fortunes of a lot of these people was already switching.” Heilbrunn will explain why Mylroie’s opinions are so sought after within the Pentagon, even though she has been roundly discredited: “She was one of the original fermenters of the idea that Saddam Hussein had these intimate ties with al-Qaeda.” A Defense Department spokesperson will explain Mylroie’s selection as an ONA researcher by saying, “All aspects of researchers and research institutions are considered, with an emphasis on obtaining the widest range of possible intellectual approaches in order to provide a fully balanced approach to the analysis of future developments.” As for her work with ONA, the Defense Department says, “These reports were part of a multi-scope research effort to identify the widest possible range of analysts whose expertise was likely to generate insights and concepts which would contribute to Net Assessments’ ongoing work to develop and refine trends, risks, and opportunities which will shape future (2020) national security environments.” (Elliott 1/29/2009)

An anonymous chain email circulating through the Internet falsely claims that presidential candidate Barack Obama (D-IL) “was enrolled in a Wahabi school in Jakarta. Wahabism is the RADICAL teaching that is followed by the Muslim terrorists who are now waging Jihad against the western world.” PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, calls the accusation intended to promote a “Manchurian Candidate-style conspiracy theory” about Obama’s birth, his religion, and his citizenship. The email accurately notes that Obama’s father was African and born a Muslim (see January 11, 2008). Obama’s stepfather was Indonesian and raised as a Muslim. However, PolitiFact notes, both men were not religiously observant (Obama has described his father as a practicing atheist). Obama’s American mother was agnostic at best. Obama has said that he grew up with virtually no religious traditions. He has been a practicing Christian for decades (see January 6-11, 2008). “Madrassa” is an Arabic word for “school,” but Americans generally understand the word to mean a school where anti-Western Islamic ideology is taught. The email falsely claims that Obama attended a “madrassa” that engaged in a “RADICAL teaching that is followed by the Muslim terrorists who are now waging Jihad against the western world.” PolitiFact notes: “Westerners typically understand Wahabism to be an austere form of Islam based on a literal reading of the Koran. So is that the type of school Obama attended?” Obama attended a secular public school in Indonesia; a press investigation found the school to be “so progressive that teachers wore miniskirts and all students were encouraged to celebrate Christmas.” The school has never taught Wahabism or any other form of “fringe” Islam. News reports accurately indicate that Obama’s school registration form lists Obama’s religion as “Muslim,” but the form has several other errors, and, PolitiFact notes, “it seems reasonable to assume that he was registered as Muslim simply because his stepfather was Muslim.” Obama also attended a Catholic school in Indonesia for several years. PolitiFact concludes that the email is “a wholesale invention designed to frighten voters.” (St. Petersburg Times 10/1/2007)

Pakistani President Pervez Musharraf wins reelection to a second five-year term as president. In Pakistan, the president is selected by a simple majority from the parliament. Musharraf made a deal with former Prime Minister Benazir Bhutto two days earlier in which her party abstains from the vote and in return she is granted amnesty and is allowed to return to Pakistan (see October 4, 2007). Other parties also abstain, and as a result Musharraf wins almost unopposed, with 57 percent of total number of MPs voting for him. However, Pakistan’s Supreme Court rules that the official results can only be declared after it rules if Musharraf is eligible to win. Musharraf is both president and head of the military, and Pakistani law prohibits an active military official from being president. However, analysts doubt the court will overturn the result. (Pennington 10/7/2007)

The Robert A. Taft Club, a “nativist” organization whose leader has numerous ties to racist groups, hosts Representative Ron Paul (R-TX) as its keynote speaker during an event at an Arlington, Virginia, restaurant, the Boulevard Woodgrill. According to a report by TransWorld News, Paul, a Republican presidential candidate, addresses the US’s “nation building” policies. Paul, TransWorld reports, “has been adamant about the United States dropping its interventionist approach to nation building and returning to an America First policy.” The Taft Club is led by Marcus Epstein, who is also the executive director of The American Cause, a white nationalist group headed by MSNBC commentator Pat Buchanan. He also serves as executive director of Team America PAC, a political action committee run by Buchanan’s sister Bay Buchanan and founded by former Representative Tom Tancredo (R-CO), an outspoken opponent of immigration. Epstein writes for the openly racist, white supremacist Web site VDare.com, and is an outspoken advocate for white supremacist organizations. He is closely connected to the American Renaissance group, which the Southern Poverty Law Center (SPLC) labels an “academic racist” organization and whose journal has claimed that blacks are genetically predisposed to be psychopaths. Epstein has invited racists to speak to his group, including American Renaissance leader Jared Taylor (see January 23, 2005), Taylor’s colleague Paul Gottfried, and Robert Stacy McCain, an opponent of interracial marriage who is an editor for the Washington Times. Epstein has also invited members of a Belgian anti-immigrant group called Vlaams Belang to address the Taft Club. The SPLC writes, “It is unclear if Paul, who will be speaking about American foreign policy, is aware of Epstein’s racist ties.” Paul himself has denied ever espousing racism of any stripe (see 1978-1996). (Southern Poverty Law Center 10/8/2007; TransWorld News 10/11/2007; The Daily Paul 10/13/2007; Holthouse 6/3/2009) Epstein will later be convicted of assaulting an African-American woman (see May 2009).

The house of Bruce Ivins.The house of Bruce Ivins. [Source: Rob Carr / Associated Press]The FBI suspects that Bruce Ivins, a scientist working at USAMRIID, the US Army’s top biological laboratory, was behind the 2001 anthrax attacks (see October 5-November 21, 2001). His home is searched by the FBI, but no report of this makes the newspapers. On the same day, USAMRIID cuts off his access to the laboratories where biological agents and toxins are used and stored. However, he continues to work at USAMRIID without such access until July 2008, when he will be completely banned from the lab (see July 10, 2008). (Schotz 8/8/2008) According to McClatchy Newspapers, his lab access is apparently reinstated some time after this date. (Gordon 8/7/2008)

Ashfaq Parvez Kayani.Ashfaq Parvez Kayani. [Source: Anjum Naveed Associated Press]On October 6, 2007, Pakistani President Pervez Musharraf won a parliamentary vote that gave him a second term as president (see October 6, 2007). However, Pakistani law prohibits an active military officer from running as president, and Musharraf is both president and the head of the military. Pakistan’s Supreme Court is to decide soon if Musharraf’s reelection vote is valid. The outcome is uncertain, especially since the Supreme Court is headed by Iftikhar Chaudhry, who was fired by Musharraf earlier in the year and then reinstated against Musharraf’s will (see March 9, 2007). But on November 3, before the court renders a verdict, Musharraf declares a state of emergency. He suspends the constitution and basic rights. He fires Chaudhry and all the other Supreme Court judges, and places them under house arrest. He also forces all other high court judges to sign a loyalty oath validating his actions. A majority refuse to sign and are placed under house arrest as well. All private television stations are taken off the air, leaving only one state-controlled network to give the news. Up to ten thousand activists and politicians are arrested. The main opposition politician, Benazir Bhutto, is placed under house arrest for several days. Musharraf then passes six constitutional amendments legalizing his rule. In a further effort to legitimize his rule, he also resigns from the army on November 28 and gives command of the army to Ashfaq Parvez Kayani, a former ISI director. But still facing widespread condemnation at home and abroad, he lifts the state of emergency on December 15, rescinds the draconian measures he imposed, and releases the thousands who have been arrested (however, Chaudhry and the other fired judges remain under house arrest). He announces that elections to pick a new prime minister will be held in January 2008. Pakistani journalist and regional expert Ahmed Rashid will later comment, “The forty-two-day-long emergency had blighted Pakistan, undermined its economy, destroyed what little trust the political parties and public had in Musharraf, and turned the increasingly influential middle-class and civil society against both the army and the president.” (Rashid 2008, pp. 387-388)

Presidential candidates Barack Obama (left), Tom Harkin, and Hillary Clinton stand for the singing of the National Anthem.Presidential candidates Barack Obama (left), Tom Harkin, and Hillary Clinton stand for the singing of the National Anthem. [Source: Time]A chain email circulating around the Internet falsely claims Senator Barack Obama (D-IL), campaigning for president, “refused” to say the Pledge of Allegiance during an event and failed to put his hand over his heart. A photograph with the email shows Obama standing in front of an American flag with his hands clasped just below his waist. Fellow presidential contenders Hillary Clinton (D-NY) and Bill Richardson (D-NM) stand beside him with their hands over their hearts. The email, noting Obama’s middle name is Hussein, claims Obama “REFUSED TO NOT ONLY PUT HIS HAND ON HIS HEART DURING THE PLEDGE OF ALLEGIANCE, BUT REFUSED TO SAY THE PLEDGE… how in the hell can a man like this expect to be our next Commander-in-Chief????” The photograph was not taken during the saying of the pledge, but during the singing of the “Star-Spangled Banner.” It was taken on September 16, 2007 in Indianola, Iowa, at the Harkin Steak Fry, an annual political event hosted by Senator Tom Harkin (D-IA). The photo was printed in Time magazine; the caption said Obama and the others “stand during the national anthem.” Matt Paul, who helped organize the event, confirms that the photo was taken as someone sang the national anthem. Additionally, an ABC News video of the event confirms the photo was taken during the anthem. The email claims that “the article said” Obama refused to say the pledge and would not put his hand on his heart, but the article said nothing of the sort. PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, attempts to find another article making the same claim, but only finds blog postings repeating the email’s original assertion. Obama has said the email is false, and that he was singing during the anthem, a claim verified by the ABC video. “My grandfather taught me how to say the Pledge of Allegiance when I was two,” Obama recently said on another campaign stop in Iowa. “During the Pledge of Allegiance you put your hand over your heart. During the national anthem you sing.” He called the email “irritating” and likened it to others that have falsely said he is a Muslim (see October 1, 2007, December 19, 2007, and January 11, 2008). The Obama campaign has received strong support from a number of retired military leaders. “Senator Obama’s attackers are peddling lies and smears because they disagree with his strong opposition to the war in Iraq and the rush to war in Iran,” writes former Secretary of the Navy Richard Danzig, in a letter cosigned by retired General Merrill “Tony” McPeak and General J. Scott Gration. “We have served this nation for decades and we know a true patriot when we see one. Barack Obama is a patriot.” Some conservative bloggers have noted their belief that federal law for “patriotic and national observances” says that during the Star-Spangled Banner, “all present except those in uniform should stand at attention facing the flag with the right hand over the heart; men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart.” The citation is not a formal law, and experts say it is somewhat obsolete, though it is still cited in some military manuals. Modern custom does not require a hand over the heart, says Anne Garside, director of communication for the Maryland Historical Society, home of the original manuscript of the Star-Spangled Banner. “I think the bottom line is that you show respect with your demeanor,” she says. “Whether you put your hand over your heart, hold your hat at shoulder level or waist level, is really in this day and age irrelevant.” (Time 9/16/2007; ABC News 11/7/2007; St. Petersburg Times 11/8/2007)

In December 2007, scientist Bruce Ivins is privately told by the FBI that he could be a suspect in the 2001 anthrax attacks (see October 5-November 21, 2001). This is according to Ivins’s attorney Paul Kemp, who also says that he and Ivins have a meeting with the FBI that same month in response. Ivins’s house had been searched by the FBI the month before, which presumably made the FBI’s interest in Ivins obvious (see November 1, 2007). Kemp will later claim that he and Ivins will meet with the FBI about four or five times between this time and Ivins’s death in July 2008 (see July 29, 2008). Additionally, Kemp will claim that Ivins had been interviewed by the FBI about 20 to 25 times before he was told he could be a suspect, yet Ivins regularly had his security clearances renewed. (Ripley and Calabresi 8/5/2008)

Michael McConnell, the director of national intelligence, writes an op-ed for the New York Times pushing for Congressional immunity for US telecommunications firms over their cooperation with the NSA’s warrantless wiretapping program. Under August’s Protect America Act, McConnell writes, the country is “safer” from terrorist attacks while the privacy of US citizens is protected (see August 5, 2007). The government has “greater understanding of international [al-]Qaeda networks, and the law has allowed us to obtain significant insight into terrorist planning.” But the Act expires in two months, and McConnell wants it re-enacted and significantly expanded “if we are to stay ahead of terrorists who are determined to attack the United States.” Echoing the arguments of Bush administration officials, McConnell attacks the “outdated” Foreign Intelligence Surveillance Act as significantly hindering the government’s “ability to collect timely foreign intelligence.” McConnell complains: “Our experts were diverted from tracking foreign threats to writing lengthy justifications to collect information from a person in a foreign country, simply to satisfy an outdated statute that did not reflect the ways our adversaries communicate. The judicial process intended to protect the privacy and civil liberties of Americans was applied instead to foreign intelligence targets in foreign countries. This made little sense, and the Protect America Act eliminated this problem.” McConnell calls for new legislation that would obviate the need for intelligence agencies such as the NSA to seek warrants to monitor US citizens’ telephone and e-mail communications: “The intelligence community should spend its time protecting our nation, not providing privacy protections to foreign terrorists and other diffuse international threats.” He also calls for retroactive immunity for “private parties”—i.e. the US telecommunications companies—that are subject to lawsuits over their cooperation with the NSA in monitoring US communications. “The intelligence community cannot go it alone,” he writes. “Those in the private sector who stand by us in times of national security emergencies deserve thanks, not lawsuits.” Two days later, new Attorney General Michael Mukasey will write a virtually identical op-ed for the Los Angeles Times (see December 12, 2007). (McConnell 12/10/2007)

Michael Mukasey, the new Attorney General, writes an op-ed for the Los Angeles Times pushing for Congressional immunity for US telecommunications firms over their cooperation with the NSA’s warrantless wiretapping program. Mukasey supports the NSA program, echoing the administration’s long insistence that the surveillance program is “crucial” in protecting the country against terrorist attacks. He also reiterates the administration’s criticism of the “outdated” Foreign Intelligence Surveillance Act, which he says hampers the government’s ability to collect needed intelligence and does little to protect the privacy of US citizens. Mukasey calls for Congress to pass a Senate bill that would grant the telecommunications firms retroactive immunity to civil lawsuits and criminal charges surrounding their cooperation with the NSA, and would no longer require court orders for the government to “direct surveillance at foreign targets overseas”—surveillance that would target US citizens. Mukasey says the US will “need the full-hearted help of private companies in our intelligence activities; we cannot expect such cooperation to be forthcoming if we do not support companies that have helped us in the past.” Mukasey strongly opposes another Senate bill that would grant no immunity and would continue to require the government to obtain FISA Court warrants before wiretapping domestic communications. Two days earlier, the director of national intelligence, Michael McConnell, penned a virtually identical op-ed for the New York Times (see December 10, 2007). (Mukasey 12/12/2007)

A group of supporters of Representative Ron Paul (R-TX) and his nascent presidential campaign hold what they call a “tea party moneybomb” on the 234th anniversary of the Boston Tea Party, in an event dubbed “Boston TeaParty07.” Paul is a libertarian Republican with extensive ties to far-right organizations (see July 22, 2007 and August 4, 2008). According to the group Campaign for Liberty, the event raises $4.3 million, the most money ever raised by a Republican presidential candidate in a single day. (The previous record was also held by Paul, who raised $4.2 million on November 5, 2007, Guy Fawkes Day.) The donations come mostly over the Internet. Event spokesperson Rachael McIntosh says: “This basically shows that Ron Paul is a viable candidate. People are so engaged in this campaign because it’s coming from the grass-roots.” Supporters call themselves members of the “Ron Paul Revolution.” One supporter waves a “Don’t Tread on Me” flag while marching down Beacon Street. One participant, Linda Poole, came from her home in Macon, Georgia, to attend the rally. “I’ve been supporting Ron Paul since May and following him since 2005,” she says. If the “founding fathers” were alive today, she adds, “Ron Paul is the only person they would vote for.” The ralliers listen to speeches by Paul’s son Rand Paul, libertarian gubernatorial candidate Carla Howell, and others. At the end of the rally, participants re-enact the dumping of tea into Boston Harbor by throwing banners reading “tyranny” and “no taxation without representation” into boxes that were placed in front of an image of the harbor. “They’re trying to get the attention of the mainstream media, almost like a child that is acting up, trying go get the attention of their parent,” McIntosh says. His Campaign for Liberty will become one of the primary groups associated with the burgeoning “tea party” movement (see August 24, 2010), and this “tea party moneybomb” is later considered one of the earliest moments leading up to the foundation of the movement. (Smith 12/16/2007; Burghart and Zeskind 8/24/2010)

An anonymous chain email circulates throughout the Internet claiming that newly elected President Barack Obama took the oath of office for his former position as a US senator on a Koran, the holy book of Islam, and not a Christian Bible. Obama is a Christian (see January 6-11, 2008), though many of his opponents have insisted that he is a “covert Muslim” or Islamist radical (see April 18, 2008). The email misspells the name as “Kuran,” though it is either spelled Koran or Qu’ran. Two press reports from January 2005 confirm that when Obama was sworn into office as the junior senator from Illinois, he took the oath on his family Bible. The Obama presidential campaign has confirmed that Obama used his family Bible. Vice President Dick Cheney, in his role as president of the Senate, administered the oath. PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, concludes: “We suspect this false claim was inspired by the 2007 swearing-in of Representative Keith Ellison (D-MN), an American convert to Islam and the first Muslim elected to Congress. Ellison used a Koran that once belonged to Thomas Jefferson, borrowing the rare book from the Library of Congress. It goes without saying that Ellison is not Obama. And with its intent to inflame, we find the email’s allegation not only false, but pants-on-fire wrong.” (St. Petersburg Times 12/19/2007)

Daniel Pipes, the director of the Middle East Forum and a fellow of the conservative Hoover Institution, writes that presidential candidate Barack Obama (D-IL) is a “lapsed Muslim.” Pipes bases his argument largely on a Los Angeles Times article that was debunked by the Chicago Tribune. Pipes admits that Obama “is a practicing Christian” and “is not now a Muslim.” But, he continues, Obama was a Muslim in his childhood, and may well be considered a murtadd, or apostate, who converted to another religion from Islam and is now a target of retribution. Pipes notes Obama’s repeated denials that he ever practiced Islam, even as a child, and then asks: “What is Obama’s true connection to Islam and what implications might this have for an Obama presidency? Was Obama ever a Muslim?” Pipes writes that even someone who does not practice Islam is still considered a Muslim by many in the faith, and goes on to say that because Obama uses his middle name of “Hussein,” he is sending coded signals to Muslims that he is, indeed, one of them. He concludes by asking: “[H]ow would more mainstream Muslims respond to him, would they be angry at what they would consider his apostasy? That reaction is a real possibility, one that could undermine his initiatives toward the Muslim world.” (Pipes 12/26/2007; Media Matters 1/16/2008) Pipes’s assertions that Obama is a “lapsed Muslim” will be thoroughly debunked (see January 22-24, 2008), as have his assertions that Obama’s church advocates any form of “black nationalism” or “separatism.” (Media Matters 11/29/2007)

The Pentagon produces a classified report assessing the damage the whistleblower website WikiLeaks could cause to it. The report concludes that “WikiLeaks.org represents a potential force protection, counterintelligence, OPSEC [operational security], and INFOSEC [information security] threat to the US Army.” WikiLeaks published information about US Army operations in Iraq, Afghanistan, and Guantanamo the previous year. The report says some of the interpretations WikiLeaks puts upon released documents are incorrect, but does not detail specific examples. The author also speculates that the organization is actually supported by the CIA. (Strom 3/17/2010) The report itself will later be leaked to WikiLeaks and published by it (see March 15, 2010).

The sanctuary of Trinity United Churco of Christ.The sanctuary of Trinity United Churco of Christ. [Source: Chocolate City (.cc)]PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, investigates claims that Democratic senator Barack Obama (D-IL), a presidential candidate, belongs to “a racist, anti-American church.” The investigation concludes that Obama’s church, Trinity United Church of Christ in Chicago, “teaches black empowerment, not racism, and that it claims Africa as its ethnic heritage.” Anonymous emails “ricocheting around the Internet” claim that Obama should not be president because his church is “anti-American” and “scary,” and, somewhat contradictorily, that Obama is not a Christian, but a “covert Muslim” (see December 19, 2007 and January 11, 2008). The emails began within hours of Obama’s Democratic primary win in the Iowa caucuses. One email declares: “If you look at the first page of their Web site, you will learn that this congregation has a nonnegotiable commitment to Africa. No where [sic] is AMERICA even mention [sic]. Notice too, what color you need to be if you should want to join Obama’s church… B-L-A-C-K!!!” PolitiFact writes: “It’s the latest salvo in the email wars—anonymous missives launched into cyberspace seeking to frighten voters away from presidential candidates in the guise of friendly warnings. Typically they use kernels of truth, then launch into falsehood.” Chicago historian Martin Marty, a white religious expert who has attended Trinity United services in the past, says: “There’s no question this is a distortion.… Whites are highly accepted. They don’t make a fuss over you, but you’re very much welcomed.” PolitiFact finds that Trinity United is one of the larger black “megachurches” in the US, preaches a message of black self-reliance, and has as its motto, “Unashamedly Black and Unapologetically Christian.” The church does have a “nonnegotiable commitment to Africa.” However, it has no racial standards for its members, and does have white and other non-black members. Obama is a member who has attended regularly for years, though with the travails of recent presidential campaigning, his attendance has fallen off in recent weeks. The main focus of the email vitriol, aside from Obama, is Trinity’s senior pastor Jeremiah A. Wright Jr., who preaches passionately and focuses on what he calls “black liberation theology.” Obama has written in his memoir, The Audacity of Hope, that it was Wright’s preaching that inspired him to convert from a secular agnosticism to Christianity during the 1980s. He titled his memoir after one of Wright’s sermons. PolitiFact finds, “Trinity’s commitment to Africa appears to be more a statement of philosophical orientation than of political support for any particular African country,” and notes that the church’s Web site states, “Just as those of Jewish heritage advocate on behalf of the state of Israel, and those of Irish heritage advocate on behalf of Ireland, and those of Polish descent for Poland, so must we of African descent care about the land of our heritage—the continent of Africa.” Divinity professor Dwight Hopkins, an African-American member of Trinity, describes the church as “highly evangelical and Bible-based.” The preaching, he says, tends to be “common-sense folk wisdom laced with theological sophistication.… There’s singing and shouting and people get happy. It’s an old-fashioned, mainstream down-home church that somehow is captured in this 8,000-person congregation.” John C. Green, a political science professor, says scholars do not view black liberation theology as racist, but some outsiders may hold that opinion. “A black empowerment theology could be seen as having a racist element because it isn’t neutral in regards to race,” he says. “The person who wrote this email obviously has very strong feelings about this.” In February 2007, Obama said of his church and his faith: “Commitment to God, black community, commitment to the black family, the black work ethic, self-discipline, and self-respect. Those are values that the conservative movement in particular has suggested are necessary for black advancement. So I would be puzzled that they would object or quibble with the bulk of a document that basically espouses profoundly conservative values of self-reliance and self-help.” In recent weeks, Obama has distanced himself somewhat from Wright and Trinity, because, his campaign says, he wishes to avoid bringing an overwhelming influx of media attention onto the church. The campaign said in a statement, “[B]ecause of the type of attention it was receiving on blogs and conservative talk shows, he decided to avoid having statements and beliefs being used out of context and forcing the entire church to defend itself.” Fox News talk show host Sean Hannity has called Trinity’s teachings “divisive,” and engaged in what PolitiFact calls “a spirited debate” with Wright on one of his broadcasts. Conservative ethicist Michael Cromartie agrees with Hannity, saying: “It’s too strong to call it racist but at the same time, it is a form of identity politics or identity theology, which insists you white people can come to this church, but you won’t get it.” Trinity has stated: “There is no anti-American sentiment in the theology or the practice of Trinity United Church of Christ. To be sure, there is prophetic preaching against oppression, racism, and other evils that would deny the American ideal.” Green is reminded of the 1960 presidential election, when many opponents of candidate John F. Kennedy attacked Kennedy for being Catholic. “But we didn’t have the Internet back then,” he says. “This kind of communication has always gone on, but it moves much faster now.” (St. Petersburg Times 1/6/2008; St. Petersburg Times 1/6/2008; St. Petersburg Times 1/11/2008)

The New Republic writes a January 8, 2008 article detailing years of racist, anti-Semitic, homophobic, and far-right conspiratorial content in the newsletters of libertarian Representative Ron Paul (R-TX—see 1978-1996). (Kirchick 1/8/2008) Hours after the article is published, Paul issues a statement, which reads in part: “The quotations in the New Republic article are not mine and do not represent what I believe or have ever believed. I have never uttered such words and denounce such small-minded thoughts. In fact, I have always agreed with Martin Luther King Jr. that we should only be concerned with the content of a person’s character, not the color of their skin.” After citing his admiration for another civil-rights era icon, Rosa Parks, Paul continues: “This story is old news and has been rehashed for over a decade. It’s once again being resurrected for obvious political reasons on the day of the New Hampshire primary [where Paul is a candidate for the Republican presidential nomination]. When I was out of Congress and practicing medicine full-time, a newsletter was published under my name that I did not edit. Several writers contributed to the product. For over a decade, I have publically taken moral responsibility for not paying closer attention to what went out under my name.” (Gillespie 1/8/2008) Most reactions are strongly negative. Nick Gillespie of the libertarian magazine Reason calls the newsletters’ content “stunning,” “odious,” and “jaw-dropping.” Gillespie adds: “I don’t think that Ron Paul wrote this stuff but that really doesn’t matter—the newsletters carried his name after all.… It is hugely disappointing that he produced a cache of such garbage.” He calls Paul’s response “unsatisfying on about a thousand different levels.” (Gillespie 1/8/2008) Radley Balko, also of Reason, writes that he “find[s] the prospect that Paul never read the newsletter implausible.” Reason senior editor Brian Doherty, who wrote a recent cover story enthusing over Paul’s candidacy, now writes that Paul’s “campaign’s reaction to this has been politically disastrous and given the third-rail nature of accusations of racism, Ron Paul’s campaign was likely fatally wounded.” (Kirchick 1/15/2008) David Boaz, a senior official of the libertarian Cato Institute, notes that Paul’s response indicates he is essentially unfit to be president, seeing as Paul’s defense has been, “I didn’t know what my closest associates were doing over my signature, so give me responsibility for the federal government.” Boaz writes that few at the Cato Institute were supportive of Paul even before the newsletters’ content became widely known: “We had never seen the newsletters that have recently come to light, and I for one was surprised at just how vile they turned out to be. But we knew the company Ron Paul had been keeping, and we feared that they would have tied him to some reprehensible ideas far from the principles we hold.” Paul may well have not written the newsletters, Boaz notes, “[b]ut he selected the people who did write those things, and he put his name on the otherwise unsigned newsletters, and he raised campaign funds from the mailing list that those newsletters created. And he would have us believe that things that ‘do not represent what I believe or have ever believed’ appeared in his newsletter for years and years without his knowledge. Assuming Ron Paul in fact did not write those letters, people close to him did. His associates conceived, wrote, edited, and mailed those words. His closest associates over many years know who created those publications. If they truly admire Ron Paul, if they think he is being unfairly tarnished with words he did not write, they should come forward, take responsibility for their words, and explain how they kept Ron Paul in the dark for years about the words that appeared every month in newsletters with ‘Ron Paul’ in the title.” Boaz notes that while many Paul supporters are angrily speculating about “conspiracies” leading to the expose of the newsletters (see January 12-15, 2008), they are not denying that Paul’s newsletters actually contained that content. Because of the content of these newsletters, Boaz writes, Paul “and his associates have slimed the noble cause of liberty and limited government.” (Boaz 1/11/2008)

Syndicated conservative radio host Michael Savage, asserting the oft-debunked claim that Democratic candidate Barack Obama is a Muslim (see January 22-24, 2008), gives Obama’s name as “Barack Madrassas Obama,” referring to schools that teach radical Islam. As reported by progressive media watchdog site Media Matters, Savage also repeats the falsehood that Obama was schooled in an Indonesian madrassah. (Media Matters 1/11/2008)

PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, debunks Internet claims that Senator Barack Obama (D-IL), a presidential candidate, is a covert Muslim whose middle name is Mohammed. The claims appear to be sourced from anonymous emails circulating throughout right-wing blogs and organizations. PolitiFact writes: “First off, Barack Obama’s middle name is not Mohammed; it’s Hussein. He was named after his father, a Kenyan who came to the United States from Africa as a student.” PolitiFact also verifies that Obama is not a Muslim, “covert” or otherwise. Obama is a member of the Trinity United Church of Christ in Chicago (see January 6-11, 2008). PolitiFact notes that the emails contradict themselves, on the one hand making the claim that Obama is a Muslim and on the other attacking his membership in Trinity United. Obama campaign spokesman Robert Gibbs has said, “To be clear, Senator Obama has never been a Muslim, was not raised a Muslim, and is a committed Christian who attends the United Church of Christ in Chicago.” (St. Petersburg Times 1/11/2008; St. Petersburg Times 1/11/2008) PolitiFact does further investigation and again debunks the claims months later (see April 18, 2008). PolitiFact has already debunked earlier claims that in 2005, Obama took his Senate oath of office on a Koran, when in reality he used his family Bible (see December 19, 2007).

At least one supporter of far-right libertarian Representative Ron Paul (R-TX) argues that a recently published article in the New Republic that exposed the overtly racist and conspiratorial content in Paul’s newsletters (see 1978-1996) was the result of a conspiracy by “beltway libertarians” from the Cato Institute to discredit Paul. According to Thomas DiLorenzo, the Koch family (see 1979-1980), who provide much of the funding for the Cato Institute (see 1977-Present and 1981-2010), is behind the conspiracy. “Proof” of this conspiracy, according to DiLorenzo, is that James Kirchick, the author of the article, has said he found many of the newsletters in the University of Kansas library; Charles Koch “is a major patron” of that university. DiLorenzo asks, “How on earth would a kid just out of college know to go to a library in Kansas, of all places, to dig up such stuff?” DiLorenzo goes on to say that he “recognized a paragraph [in Kirchick’s article] that was identical to one written on several occassions by one of the especially hate-filled Beltway losers who works at a DC ‘think tank’ on his spleen-venting personal blog. Either he wrote it or coached the author.” Author David Bernstein, who notes that the Cato Institute is preparing to publish a book of his, speculates that Kirchick may have used an Internet database called Wordcat to find the Paul newsletters, and writes, “Even ‘kids just out of college’ often know how to use the Internet, I believe.” And Kirchick calls DiLorenzo’s conspiracy theorizing “comically credulous.” (Kirchick 1/8/2008; Thomas DiLorenzo 1/12/2008; David Bernstein 1/12/2008; Kirchick 1/15/2008) DiLorenzo publishes his theory on the blog of former Paul chief of staff Lew Rockwell, who runs the Ludwig von Mises Institute, a libertarian think tank in Alabama closely allied with Paul. (Thomas DiLorenzo 1/12/2008) A week after the publication of the first New Republic article, Paul will deny having virtually any involvement with his newsletters (see January 16, 2008).

Republican political strategist Dick Morris falsely claims that “Clinton appointees” on the Federal Election Commission (FEC) are preventing the advocacy group Citizens United (CU) from airing its new documentary, Hillary: The Movie (see January 10-16, 2008). However, the head of CU, David Bossie (see May 1998), says that the organization can indeed show the documentary. Morris, appearing as a guest on Fox News’s Hannity and Colmes, tells co-host Alan Colmes that the FEC “won’t let us run” the film “in movie theaters.” He explains, “The Clinton appointees [on the FEC] are blocking it.” However, Bossie tells a Washington Times reporter, “I can put it in theaters, I just can’t let anybody know it’s there.” The FEC requires CU to comply with disclosure requirements under campaign finance law if it wishes to advertise the movie, a requirement the organization is unwilling to meet. (The day after Morris’s appearance, a court rules that CU must disclose its donors in order to advertise the film—see January 15, 2008.) Morris was originally a producer of the film before stepping away from the project, but has said that he appears in the film as a commentator. (Media Matters 1/16/2008) CU will release the film in theaters the next day (see January 10-16, 2008).

A September 2007 photo of Ron Paul and Don Black, the former Klansman who runs the racist Stormfront.org Web site.A September 2007 photo of Ron Paul and Don Black, the former Klansman who runs the racist Stormfront.org Web site. [Source: BTX3 (.com)]An article in the libertarian newsletter Reason discusses the controversy surrounding the racist, homophobic, and anti-Semitic material printed in newsletters issued by US Representative Ron Paul (R-TX) from 1978 through at least 1996 (see 1978-1996). The controversy has erupted in recent weeks after an article by the New Republic publicized the newsletters and prompted Paul’s disassociation from those publications (see January 8-15, 2008). Paul, a self-described libertarian, has waffled on claiming authorship of the newsletters; he has gone from saying in 1996 that he wrote all the material in them (see May 22 - October 11, 1996) to more recently claiming that he wrote virtually none of their content and knew little of what was being published under his name for nearly 20 years. (In 2001 he told a reporter that in 1996 he did not admit that a ghostwriter wrote most of the material because to do so would have been “confusing” for voters (see October 1, 2001); this year, Paul is claiming to have virtually no knowledge of anything printed in the newsletters.) In mid-January, he told a CNN reporter that he had “no idea” who wrote some of the racially inflammatory rhetoric in his newsletters, and said he repudiated the flagrantly bigoted material printed therein.
Conservative Libertarian Said to Be Paul's 'Ghostwriter' - According to Reason reporters Julian Sanchez and David Weigel, some libertarian activists, including some close to Paul, name Paul’s “ghostwriter” to be Llewellyn “Lew” Rockwell Jr. Rockwell is the founder of the Ludwig von Mises Institute, a libertarian think tank in Alabama with which Paul has maintained close ties. Rockwell was Paul’s Congressional chief of staff from 1978 through 1982, and was vice president of Ron Paul & Associates, which published two of Paul’s newsletters before its dissolution in 2001. Sanchez and Weigel note, “During the period when the most incendiary items appeared—roughly 1989 to 1994—Rockwell and the prominent libertarian theorist Murray Rothbard championed an open strategy of exploiting racial and class resentment to build a coalition with populist ‘paleoconservatives,’ producing a flurry of articles and manifestos whose racially charged talking points and vocabulary mirrored the controversial Paul newsletters unearthed by the New Republic.” Rockwell is to this day a close friend and adviser to Paul, accompanying him to major media appearances, promoting his presidential candidacy, publishing his books, and selling Paul’s writings and audio recordings. Rockwell has denied writing any of the newsletters’ content, and refused to be interviewed by Sanchez and Weigel. He has called discussion of the newsletters “hysterical smears aimed at political enemies” of the New Republic. Paul himself calls the controversy “old news” and “ancient history.” A source close to the Paul presidential campaign says Rockwell indeed wrote much of the newsletters’ content, and says: “If Rockwell had any honor he’d come out and I say, ‘I wrote this stuff.’ He should have done it 10 years ago.” Former American Libertarian (AL) editor Mike Holmes says that Rockwell was Paul’s chief ghostwriter as far back as 1988, when Rockwell wrote material for AL under Paul’s name. “This was based on my understanding at the time that Lew would write things that appeared in Ron’s various newsletters,” Holmes says. “Neither Ron nor Lew ever told me that, but other people close to them such as Murray Rothbard suggested that Lew was involved, and it was a common belief in libertarian circles.” A Rockwell associate, Wendy McElroy, says Rockwell’s identity as Paul’s ghostwriter is “an open secret within the circles in which I run.” Timothy Wirkman Virkkala says he and members of the libertarian magazine Liberty, which he used to edit, knew that Rockwell wrote material under Paul’s name, as did Rothbard on occation.
Change in Strategy: 'Outreach to the Rednecks' - Sanchez and Weigel note: “The tenor of Paul’s newsletters changed over the years. The ones published between Paul’s return to private life after three full terms in Congress (1985) and his Libertarian presidential bid (1988) notably lack inflammatory racial or anti-gay comments. The letters published between Paul’s first run for president and his return to Congress in 1996 are another story—replete with claims that Martin Luther King ‘seduced underage girls and boys,’ that black protesters should gather ‘at a food stamp bureau or a crack house’ rather than the Statue of Liberty, and that AIDS sufferers ‘enjoy the attention and pity that comes with being sick.’” They also note that the newsletters were a significant source of funding for Paul’s campaigns. Former Paul campaign aide Eric Dondero, who after leaving the organization in 2004 has become one of Paul’s most notable critics, says that Paul’s staff learned between his stints in Congress that “the wilder they got, the more bombastic they got with it, the more the checks came in. You think the newsletters were bad? The fundraising letters were just insane from that period.” Ed Craig, the president of the libertarian Cato Institute, says he remembers a time in the late 1980s when Paul boasted that his best source of Congressional campaign donations was the mailing list for The Spotlight, the conspiracy-mongering, anti-Semitic tabloid run by Holocaust denier and white supremacist Willis Carto until it folded in 2001. Rockwell and Rothbard broke with the Libertarian Party after the 1988 presidential election, and formed what the authors call “a schismatic ‘paleolibertarian’ movement, which rejected what they saw as the social libertinism and leftist tendencies of mainstream libertarians. In 1990, they launched the Rothbard-Rockwell Report, where they crafted a plan they hoped would midwife a broad new ‘paleo’ coalition.” Rockwell wrote in 1990 that his new libertarian movement must embrace overtly conservative values, including values he called “right-wing populism.” The strategy was codified in what he called “Outreach to the Rednecks,” and embraced overtly racist, homophobic, and anti-Semitic views. Rockwell looked to Senator Joseph McCarthy (R-WI), the leader of the 1950s “Red Scare,” and former Ku Klux Klan leader David Duke as models for the new strategy. The newly, flagrantly racist material in Paul’s newsletters were apparently part of Rockwell’s “paleolibertarian” strategy. The strategy encompassed values espoused by Paul, including what the authors cite as “tax reduction, abolition of welfare, elimination of ‘the entire ‘civil rights’ structure, which tramples on the property rights of every American,’ and a police crackdown on ‘street criminals.’” Rockwell envisioned Paul as the leader of the new movement until 1992, when Republican presidential candidate Pat Buchanan convinced Paul to withdraw from the 1992 campaign and back his candidacy instead. At that point, Rockwell called himself and his fellow “paleolibertarians” “Buchananites” who could choose “either Pat Buchanan or David Duke” to represent them.
Change in Tone - In recent years, Paul has suspended his newsletters, disavowed the racism, homophobia, and anti-Semitism of their content, and presented himself as a conservative libertarian who idolizes Dr. Martin Luther King Jr. and embraces people of all races and religions. Sanchez and Weigel conclude that Paul is trying to bring a new generation of minorities into the libertarian fold, and write: “Ron Paul may not be a racist, but he became complicit in a strategy of pandering to racists—and taking ‘moral responsibility’ for that now means more than just uttering the phrase. It means openly grappling with his own past—acknowledging who said what, and why. Otherwise he risks damaging not only his own reputation, but that of the philosophy to which he has committed his life.” (Sanchez and Weigel 1/16/2008)

Reporters show that Senator Barack Obama (D-IL), a leading Democratic presidential candidate, was never educated in a “madrassa,” or Islamic school, as some of his political enemies claim. Insight Magazine, a subsidiary of the conservative Washington Times, recently reported that the presidential campaign of Senator Hillary Clinton (D-NY) had unearthed information showing that Obama was educated in an Indonesian madrassa during his childhood. The Clinton campaign disputes that it is the source of the story, and calls it “an obvious right-wing hit job.” Obama indeed lived in Indonesia from 1967 through 1971, with his mother and stepfather, but was not educated in a madrassa. Instead, Obama, who was six when his family moved to Indonesia, attended the Basuki School from 1969 through 1971. According to a school official: “This is a public school. We don’t focus on religion.” CNN correspondent John Vause, who visited the school, reports: “I came here to Barack Obama’s elementary school in Jakarta looking for what some are calling an Islamic madrassa… like the ones that teach hate and violence in Pakistan and Afghanistan.… I’ve been to those madrassas in Pakistan… this school is nothing like that.” A former classmate of Obama’s says the school was not radical in 1969: “It’s not [an] Islamic school. It’s general.… There is a lot of Christians, Buddhists, also Confucian.… So that’s a mixed school.” Associated Press reporters also visit two other schools attended by Obama, the SDN Menteng 1 and Fransiskus Assisi. SDN Menteng 1 is a secular public school, according to its vice principal, while Fransiskus Assisi is, according to the Indonesian Ministry of Religious Affairs, “clearly a Catholic school.” After the Insight story is repeated on Fox News, the Obama campaign calls those broadcasts “appallingly irresponsible.” (CNN 1/22/2008; Pickler 1/24/2008) Despite the debunking, some conservative radio hosts continue to assert that Obama is a Muslim (see January 10, 2008, February 21, 2008, April 3, 2008, July 10, 2008, August 1, 2008 and After, August 21, 2008, and September 10, 2008).

White House press secretary Dana Perino dismisses a study by the Center for Public Integrity (CPI) that found 935 false statements made by President Bush and seven of his top officials before the invasion of Iraq that helped mislead the country into believing Iraq was an imminent threat (see January 23, 2008). Perino responds: “I hardly think that the study is worth spending any time on. It is so flawed in terms of taking anything into context or including—they only looked at members of the administration, rather than looking at members of Congress or people around the world, because, as you’ll remember, we were part of a broad coalition of countries that deposed a dictator based on a collective understanding of the intelligence.”
CPI Response - CPI’s Charles Lewis, a co-author of the study, retorts that Perino has little credibility because “this is the press secretary who didn’t know about the Cuban Missile Crisis until a few months ago.… [S]he made a reference that she had—actually didn’t know about the Cuban Missile Crisis back in the ‘60s. For a White House press secretary to say that is astonishing to me.” Lewis calls Perino’s comment “predictable,” and cracks, “At least she didn’t call this a third-rate burglary” (see 2:30 a.m.June 17, 1972). “If my administration, that I’m the flack for, made 935 false statements, I would want to say, ‘Go do another study and take ten years and look at the world and Congress.’ The fact is, the world was rallied, as was the compliant Congress, into doing exactly what the administration wanted. And the bottom line is, she didn’t say that they were not false statements. Basically, they acknowledged they were false statements without her saying it. They have essentially said, ‘Gosh, I guess there weren’t any WMDs in Iraq,’ in other statements they’ve made, ‘it’s all bad intelligence.’”
Defense of Analysis - Far from being a flawed and superficial analysis, Lewis says, the analysis supplies “400,000 words of context, weaving in all of this material, not just what they said at the time, but what has transpired and what has tumbled out factually in the subsequent six years. So we actually have as much context so far as anyone has provided in one place. It’s searchable for all citizens in the world and for Congress and others that want to deal with this from here on.” (Goodman 1/24/2008)

CNN Headline News talk show host Glenn Beck tells his viewers that if presidential candidate Hillary Clinton (D-NY) wants to be consistent with her belief in affirmative action, she should give her opponent, African-American candidate Barack Obama (D-IL), “an additional five percentage points just for the years of oppression.” Beck makes his statement after asserting that anyone mentioning Obama’s race in a denigrating or derogatory fashion is “insulting,” and something only “professional separators” would attempt: “All they do is pull us apart so they can angle and try to grab as many people and ignite their base—and it’s outrageous. And it’s happening on all sides, on all issues, and it has got to stop or we’re going to disintegrate.” (CNN 1/25/2008; Media Matters 1/28/2008)

President Bush makes racially charged statements while addressing an audience at a Republican fundraiser in Hillsborough, California, outside San Francisco. The fundraiser, hosted by the chairman of an investment firm, raises $1.5 million for the Republican National Committee. (Wildermuth 1/31/2008) The media will not learn about Bush’s remarks until late 2009, when former Bush administration speechwriter Matt Latimer publishes his book, Speechless: Tales of a White House Survivor. Latimer will write: “He talked about his own failings with alcoholism as the reason he supported his faith-based initiative. ‘My philosophy is, find somebody who hurts and do something about it,’ he said. ‘Don’t wait for government to tell you what to do.’ He bluntly talked about his own situation. ‘I was beginning to love alcohol over my wife and kids. It got to a point when Billy Graham came into my life. But I was hardheaded and didn’t want to listen for a while. And then I stopped drinking overnight. I am a one-man faith-based initiative. Alcohol was competing for my affections. And it would have ruined me.’ He said things that could ruffle feathers, such as how he’d recently gone to a faith-based program run by ‘former drunks.’ He said he went to see a prison ministry program, noting that ‘everyone was black, of course.’ All eyes turned in search of the sole African American in the audience of donors. They wanted to see if he was offended.” Latimer will write that the sole African-American donor did not “appear to be” offended, and will defend Bush, writing that he “didn’t mean it in a derogatory way. He just liked making blunt observations to shock his audience.” (Think Progress 9/23/2009)

Michael Savage.Michael Savage. [Source: Portland Indymedia]As reported by progressive media watchdog site Media Matters, conservative radio host Michael Savage calls the Democratic presidential primary race, now between African-American Barack Obama and female Hillary Clinton, “the first affirmative-action election in American history.” Savage says: “We have a woman and a multi-ethnic man running for office on the Democrat side. Is this not akin to an affirmative action election? Isn’t that why the libs are hysterical, tripping over themselves to say amen and yes to this affirmative election vote?” Because Americans do not support affirmative action, Savage asserts, voters will reject either Democratic candidate in the November presidential elections. “When they are heard from, the affirmative action ticket goes down in flames… I don’t really care who’s gonna be on the other side, they win. America’s not ready for an affirmative action presidency. I stand by those words.” Savage goes on to characterize Democratic supporters as “radical red-diaper doper babies from Brooklyn who made a fortune in the film business by urinating on the American flag and decimating the American value, the values that you grew up loving. They [are t]he ones who made a fortune hating America.” (Media Matters 2/4/2008)

The House of Representatives votes to hold White House Chief of Staff Joshua Bolten and former White House counsel Harriet Miers in contempt of Congress. Bolten and Miers have refused to testify to a House committee investigating the firing of several US attorneys. Many House Republicans walk off the House floor before the vote is cast, ostensibly because they want to work on reauthorizing the Protect America Act (see August 5, 2007) rather than deal with the contempt citation. Minority Leader John Boehner complains, “We have space on the calendar today for a politically charged fishing expedition, but no space for a bill that would protect the American people from terrorists who want to kill us.” (Riechmann 2/14/2008) “We will not stand for this, and we will not stay for this. And I would ask my House Republican colleagues and those who believe we should be protecting the American people, to not vote on this bill. Let’s just get up and leave.” (Think Progress 2/14/2008) (Before they walk out, Lincoln Diaz-Balart (R-FL) attempts to disrupt the memorial service for the recently deceased Tom Lantos (D-CA), taking place in Statuary Hall just a few steps from the House chambers, by calling for a procedural vote during the memorial service. An MSNBC reporter says Diaz-Balart’s action is apparently the result of “pique.”) (Viqueira 2/14/2008) The contempt citation will be forwarded to the US Attorney for the District of Columbia. The two resolutions passed hold Bolten and Miers in contempt, and allow for the House to file a civil suit against the Bush administration to compel the aides’ testimony. “I hope this administration will realize this Congress is serious about its constitutional role of oversight,” says House Speaker Nancy Pelosi (D-CA). Pelosi says she “had hoped that this day would never have come,” and adds that if the White House instructs Justice Department attorneys not to prosecute the contempt citations, “we will have power to go to federal court and seek civil enforcement of our subpoenas.” (Bolton and Marre 2/14/2008; Riechmann 2/14/2008)
White House Conditions 'Beyond Arrogance' - The White House has already said it will not allow the Justice Department to pursue the contempt charges, claiming that the information is off-limits because of executive privilege, and that Bolten and Miers are immune from prosecution. House Democrats such as Judiciary Committee chairman John Conyers (D-MI) had tried for months to work with the White House to win its approval for the aides’ testimony, but were unwilling to accept the White House’s restrictive conditions—investigators would not have been allowed to make transcripts of the testimony, to copy documents presented in the testimony, or to seek any more information after the single session. Pelosi said of the White House’s conditions, “This is beyond arrogance. It’s hubris taken to the ultimate degree.”
Republicans Say Testimony Would 'Undermine' Power of Executive Branch - Republicans such as David Dreier (R-CA) warn that such a case might “undermine the power of the first [executive] branch of government.” (Bolton and Marre 2/14/2008; Riechmann 2/14/2008)
Miller: Bush Attempting to 'Decide by Decree' - Representative Brad Miller (D-NC) says during the deliberations, “The president cannot decide by decree. The president cannot announce with absolute unreviewable authority what information the administration will provide or withhold. The framers of our Constitution had just fought a war against an autocratic king. It is inconceivable that they intended to create an executive branch with the power the Bush administration now claims and that the minority now supports.” (Speaker of the House 2/14/2008)

Admiral Mike McConnell, the director of national intelligence, admits during a radio interview that the main issue over the renewal of the Protect America Act (PAA) (see August 5, 2007) is not the security and safety of the nation, but the need to extend liability immunity to the nation’s telecommunications firms. In recent days, President Bush has said that unnamed terrorists are planning attacks on the US that will make 9/11 “pale by comparison,” and the only way to stop those attacks is to renew the PAA with new provisions that will grant telecommunications firms such as BellSouth, Verizon, and AT&T retroactive immunity from prosecution. Those firms are accused of illegally aiding the government in electronically monitoring the telephone and e-mail conversations of US citizens (see February 5, 2006). The PAA expires on February 16, but the government can operate under its provisions for another year. McConnell tells a National Public Radio reporter that the biggest issue surrounding the legislation is liability protection for the telecom firms. “We can’t do this mission without their help,” he says. “Currently there is no retroactive liability protection for them. They’re being sued for billions of dollars.” They did not break the law, McConnell asserts, but the lawsuits are curtailing their willingness to cooperate with the government. “The Senate committee that passed the bill examined the activities of the telecom companies and concluded they were not violating the law,” he says. By not extending retroactive immunity, McConnell says, “we’d lose the capability to protect the country.” (National Public Radio 2/15/2008) Two days later, McConnell echoes his unusually frank admission. Interviewed on Fox News, he says: “Let me make one other point just—very important. The entire issue here is liability protection for the carriers. And so the old law and extended law are an expired law if we don’t have retroactive liability protection for the carriers. They are less inclined to help us, and so their support.… And therefore, we do not have the agility and the speed that we had before to be able to move and try to capture [terrorists’] communications to thwart their planning.” He also implies that the argument against granting immunity—if the telecoms’ actions were legal in the first place then they wouldn’t need immunity—is valid. Interviewer Chris Wallace says: “Isn’t the central issue here that you’ve lost your power to compel telecommunications companies to cooperate with you and also your ability to offer them legal immunity? Again, the Democrats would say, ‘Look, if the cooperation is legal, they don’t need legal immunity.’” McConnell replies: “Exactly right. The issue now is there’s uncertainty because the law has expired and the law of August, the Protect America Act, allowed us to compel—compel—support from a private carrier. That’s now expired.… [T]he private sector, although willingly helped us [sic] in the past, are now saying, ‘You can’t protect me. Why should I help you?’” Interestingly, after all of the talk of imminent terror attacks, when Wallace asks, “Do you believe al-Qaeda is more of a threat now than any time since 9/11?” McConnell says flatly: “No. Following 9/11, al-Qaeda’s leadership and operatives were degraded probably two-thirds or three-quarters.” House Majority Leader Steny Hoyer (D-MD) responds that the administration’s attempt to tie the renewal of the PAA into the threat of future terrorist attacks is “wrong, divisive and nothing but fear-mongering.” Senator Edward Kennedy (D-MA) adds that McConnell’s “latest comments show yet again the shamelessness of the administration’s tactics.” (Fox News 2/17/2008)

The Protect America Act (PAA—see August 5, 2007) expires today. Congress has refused to pass a reauthorization of the legislation that contains a provision to grant retroactive immunity to US telecommunications firms to protect them from lawsuits arising from their previous cooperation with government eavesdroppers (see February 5, 2006). President Bush has warned for days that by refusing to reauthorize the bill, Congress is leaving the US “more in danger of attack.” The surveillance elements of the PAA will continue in force for another year after its passage even as the PAA itself expires, so the government’s capability to use electronic surveillance against suspected terrorists and citizens alike continues unabated through August 2008.
Republican Reaction - House Minority Leader John Boehner (R-OH) warns, “This is a grave problem, and the Democrat leaders ought to be held accountable for their inaction.” Senate Minority Leader Mitch McConnell (R-KY) says, “The companies have been waiting for six months for retroactive liability” protection. “They are under pressure from their directors, pressure from their shareholders, and you’re jeopardizing the entire existence of the company by continuing to do this.”
Democratic Reaction - But House Democrats seem to be in no mood to give in to Bush’s rhetoric. Speaker of the House Nancy Pelosi (D-CA) says Bush is “misrepresenting the facts on our nation’s electronic-surveillance capabilities.” “There is no risk the program will go dark,” says Silvestre Reyes (D-TX), chairman of the House Intelligence Committee. Many Democrats accuse the administration of putting the interests of telecom firms over national security—accusations that intensify after Bush’s Director of National Intelligence, Mike McConnell, admitted that the real issue behind the reauthorization is the immunity for telecoms (see February 15-17, 2008). Senator Edward Kennedy (D-MA) says that the entire argument is “nothing more than a scare tactic designed to avoid legal and political accountability and keep Americans in the dark about the administration’s massive lawbreaking.” House member Tim Walz (D-MN) says, “Coming from a military background, I sure don’t downplay that there are threats out there, but the president’s demagoguery on this is the equivalent of the boy crying wolf.” And Rahm Emanuel (D-IL), the head of the House Democratic Caucus, says bluntly: “This is not about protecting Americans. The president just wants to protect American telephone companies.”
Previous Depiction - When the law was signed into effect August 5, 2007, it was portrayed by the White House as “a temporary, narrowly focused statute to deal with the most immediate needs of the intelligence community to protect the country.” Now it is being portrayed by Bush officials as the cornerstone of the nation’s terrorist-surveillance program. The issue is sure to resurface when Congress returns from a week-long break in late February. (Associated Press 2/14/2008; Weisman and Eggen 2/16/2008)

Pakistan holds parliamentary elections, and opposition parties are the overwhelming winners. President Pervez Musharraf does not lose his presidency, as he was reelected by the National Assembly several months earlier (see October 6, 2007). However, his party, Pakistan Muslim League-Q (PML-Q), loses control of the National Assembly, enabling the opposition parties to select their own prime minister a short time later. Much power will now shift to the position of prime minister, which had been completely overshadowed by Musharraf and his presidency since he took power in a coup in 1999 (see October 12, 1999). The Pakistan People’s Party (PPP) wins 120 seats. The PPP was led by Benazir Bhutto until her recent assassination, and is now led by her husband, Asif Ali Zardari. The Pakistan Muslim League-N (PML-N), the party led by former primer minister Nawaz Sharif, gets 90. Musharraf’s PML-Q only wins 51 seats. Surprisingly, the Islamic parties are almost completely wiped out. The alliance of Islamic parties, the Muttahida Majlis-e-Amal (MMA), did well and won two provincial elections in the last election in 2002, but this time it only wins six seats. A secular and moderate party, the Awami National Party, wins in the North-West Frontier Province, taking control from the MMA and forming the new provincial government there. No single party holds a majority, but the PPP immediately announces a coalition with Sharif’s PML-N party, shutting Musharraf’s PML-Q party out. Musharraf once had 80 percent popularity ratings in polls, but after many recent controversial moves, including declaring a state of emergency for over a month to stay in power (see November 3-December 15, 2007), his popularity rating is down to about 20 percent. (Rashid 2008, pp. 390-391) One month later, the coalition selects a relatively unknown figure, Yousaf Raza Gillani, to be the new prime minister (see March 22-25, 2008).

A judge says that the FBI has no evidence against Steven Hatfill, who has been the only publicly named suspect so far in the 2001 anthrax attacks (see October 5-November 21, 2001). Reggie Walton, the federal judge presiding over a lawsuit brought by Hatfill against the Justice Department and the FBI for damaging his reputation, says in court, “There is not a scintilla of evidence that would indicate that Dr. Hatfill had anything to do with [the anthrax attacks].” Walton has reviewed four still secret FBI memos about the status of the anthrax investigation. (Willman 6/28/2008) Later in the year, Hatfill will settle with the government and will be awarded $6 million (see June 27, 2008).

As reported by progressive media watchdog site Media Matters, syndicated conservative radio host Michael Savage, continuing the well-debunked assertion that Democratic presidential candidate Barack Obama is a Muslim (see January 22-24, 2008), says that American voters “have a right to know if he’s a so-called friendly Muslim or one who aspires to more radical teachings.” The media should not worry about Republican candidate John McCain’s connections to lobbyists, Savage says, and instead should be more concerned with “the Muslim connection to Obama.” Savage says: “Barack Hussein Obama. Father Muslim, grandfather Muslim. Nothing wrong with that. But we, the American people, being at war with radical Islam have a—have a need to know just exactly what kind of Muslim he was exposed to, what kind of Muslim he is, what kind of Muslim teachings he’s—he’s friendly to. We have a right to know if he’s a so-called friendly Muslim or one who aspires to more radical teachings.” (Media Matters 2/22/2008)

Director of National Intelligence Mike McConnell and Attorney General Michael Mukasey pen a letter to Silvestre Reyes (D-TX, the chairman of the House Intelligence Committee, claiming that because the Democratically led Congress has allowed the Protect America Act (PAA) to expire (see February 16, 2008), the government is losing critically needed intelligence on potential terrorist threats. McConnell and Mukasey do not include any evidence of the claim in their letter. In the six days since the PAA expired, the two write, some of the government’s “partners” in intelligence operations—US telecommunications firms—have “reduced [their] cooperation” in the government’s warrantless wiretapping program. The two officials do not name which firms they say have cut back on their cooperation. The telecom firms are more reluctant to continue their cooperation with the government because they do not have retroactive legal immunity from civil and criminal charges for their cooperation in the past. The Bush administration and Congressional Republicans allowed the PAA to expire rather than approve an extension of the law that did not include an immunity clause (see February 23, 2008). In their letter, McConnell and Mukasey claim that since the Protect America Act lapsed, telecom firms “have delayed or refused compliance with our requests to initiate new surveillances of terrorist and other foreign intelligence targets under existing directives issued pursuant to the Protect America Act.” They add, “Although most partners intend to cooperate for the time being, they have expressed deep misgivings about doing so in light of the uncertainty and have indicated that they may well cease to cooperate if the uncertainty persists.” McConnell and Mukasey write that if Congress does not extend immunity to the telecom firms, the firms will continue to be reluctant to cooperate with the surveillance program: “This uncertainty may well continue to cause us to miss information that we otherwise would be collecting.” A day later, the two retract their claim (see February 23, 2008). Reyes and other Democrats have accused the administration of exaggerating the claims of threats to national security because of their refusal to grant the telecoms immunity; some have accused the administration of “fearmongering” and employing “scare tactics.” (Newsweek 2/22/2008; Newsweek 2/22/2008; Allen 2/22/2008)
Democrats Take 'Strong Offense' to Charges - In a joint statement, Reyes, Senator John D. Rockefeller (D-WV), and other Democrats respond to McConnell and Mukasey’s letter: “Further politicizing the debate, the administration today announced that they believe there have been gaps in security since the Protect America Act expired. They cannot have it both ways; if it is true that the expiration of the PAA has caused gaps in intelligence, then it was irresponsible for the president and congressional Republicans to openly oppose an extension of the law. Accordingly, they should join Democrats in extending it until we can resolve our differences.” (Newsweek 2/22/2008) Reyes says: “President Bush has just been spoiled dealing with the Republican-controlled Congress before. I take strong offense at the president’s comments that somehow we’re less safe because the Protect America Act expired.” (Allen 2/22/2008)
Republicans Refuse to Discuss Legislation - Democratic staffers in the House and Senate Intelligence Committees meet today to discuss how to iron out difference between the two chambers’ version of the proposed extension of the PAA; Republican aides refuse to attend. (Hess 2/23/2008) Democrats also charge that, contrary to administration claims of wanting to work with Congress to pass an acceptable update to the law, the White House has refused to supply lawmakers with documents they have requested pertaining to the extension. (Allen 2/22/2008)

President Bush again demands that Congress reinstate the Protect America Act (PAA) (see August 5, 2007), with new provisions providing the nation’s telecommunications industry retroactive legal immunity from criminal and civil prosecution for possible crimes committed in the administration’s domestic wiretapping program (see May 12, 2006). Bush says that without such immunity, US telecom firms will be reluctant to help the administration spy on potential terrorists. The PAA is a central part of the legislative update of the 1978 Foreign Intelligence Surveillance Act (FISA) (see 1978) which mandates that any wiretaps must receive the approval of the FISA Court. Bush insists that he will veto an update to FISA without the immunity provisions, even as he asserts the country is at risk of further terrorist attacks without the FISA updates, and after letting the PAA lapse without signing an extension of the legislation into law. However, Bush blames Congress for not passing the FISA update with an immunity clause: “Congress’ failure to pass this legislation was irresponsible,” he says. “In other words, the House’s refusal to act is undermining our ability to get cooperation from private companies. And that undermines our efforts to protect us from terrorist attack.” He explains why the Democrats don’t want his bill: “House leaders are blocking this legislation, and the reason can be summed up in three words: class action lawsuits.” A spokesman for Congressional Democrats retorts: “They cannot have it both ways. If it is true that the expiration of the [surveillance law] has caused gaps in intelligence, then it was irresponsible for the president and Congressional Republicans to openly oppose an extension of the law.”
Democrats Put Trial Lawyers Before National Security? - Bush says: “The Senate bill would prevent plaintiffs’ attorneys from suing companies believed to have helped defend America after the 9/11 attacks. More than 40 of these lawsuits have been filed, seeking hundreds of billions of dollars in damages from these companies.… It is unfair and unjust to threaten these companies with financial ruin only because they are believed to have done the right thing and helped their country.” The lawsuits (see June 26, 2006) seek damages based upon violations of FISA, the Wiretap Act, the Communications Act, and the Stored Communications Act, among other laws. Bob Edgar of Common Cause says neither money nor punishment is the issue: “Innocent Americans who have had their rights violated by the telecoms deserve their day in court. If these companies did nothing wrong, then they have nothing to fear.” Bush is apparently attempting to refocus the issue as an attack on trial lawyers—traditionally a group supportive of Democrats—in saying: “Members of the House have a choice to make: They can empower the trial bar—or they can empower the intelligence community. They can help class action trial lawyers sue for billions of dollars—or they can help our intelligence officials protect millions of lives. They can put our national security in the hands of plaintiffs’ lawyers—or they can entrust it to the men and women of our government who work day and night to keep us safe.” House member John Conyers (D-MI) calls such characterizations “irresponsible” and “inaccurate.” (CBS News 2/23/2008)

Senator Barack Obama, during a 2006 visit to Somalia.Senator Barack Obama, during a 2006 visit to Somalia. [Source: Associated Press]Conservative radio hosts such as Dan Caplis and “Gunny” Bob Newman use a photo of Democratic presidential candidate Barack Obama wearing traditional Kenyan robes to imply that Obama has terrorist sympathies. As reported by progressive media watchdog site Media Matters, Caplis says the photo shows Obama wearing “the same type of turban and clothing that Osama bin Laden wears,” while Newman asks, “[W]hy do you think Obama really had the photo taken, dressed up as a Somali warlord?” The photo was taken during an August 2006 visit by Obama to Kenya, where his father was born. (Media Matters 2/25/2008) It was published a few days ago by the conservative Drudge Report. According to Yusuf Garaad Omar, head of the BBC’s Somali Service, the robes are “the normal clothes that nomadic people wear. The head turban is especially used by elderly people as a suggestion of respect. It is something that has no meaning whatsoever in Somalia culture. If you see someone dressed like that in Somalia, you think it is a nomadic person—that is all. There is no religious significance to it whatsoever. It is mainly the nomadic people who use it. Some of them are religious, some are not. It is simply a tradition of the place where they are from. In this particular place, Wajir in north-east Kenya, the community is majority ethnic Somali.… This debate reminds me of people back home in Somalia, who say that women should not wear trousers, or other cultures who say men should not wear a tie. I just don’t think it makes sense.” (BBC 2/26/2008) Caplis asks his listeners why Obama would “put on similar clothing to the outfit worn by the man who personally ordered thousands of Americans, including women and kids, to be burned to death,” and says that “it would be as if [former President] John Kennedy had gone out and thrown on the fatigues and the funny baseball hat that Castro wore.” Newman, like Caplis a nationally syndicated Clear Channel talk show host, tells his audience, according to Media Matters: “We were five years into the war on terror when Obama knowingly and willingly dressed up in Somali warlord garb to have his photo taken.” He asks if Obama wore the robes “to garner support from Muslim-Americans who ideologically support Muslim terrorists?” and then asks, “Would it have been right for [former President] Harry Truman to dress up like a Nazi in 1948?” Caplis also tells his audience, “[Obama’s] middle name is Hussein, which should not be held against him for a second; his last name rhymes with Osama, which should not be held against him for a second.” (Media Matters 2/25/2008) Months later, Newman will tell his listeners that an Obama presidency will welcome “an invasion of Muslim terrorists” (see July 10, 2008).

Larry Niven.Larry Niven. [Source: Larry Niven]A group of science fiction writers calling themselves SIGMA is engaged in advising the Department of Homeland Security (DHS) on how to protect the nation. Undersecretary of Science and Technology Jay Cohen says he likes their unconventional thinking. Two of the approximately 24 members are right-wing libertarian authors Jerry Pournelle and Larry Niven, who have collaborated on a number of books as well as writing numerous novels and short stories on their own. One of Niven’s more controversial ideas is to help hospitals stem financial losses by spreading rumors in Spanish within the Latino community that emergency rooms are killing patients in order to harvest their organs for transplants. Niven believes the rumors would discourage Latinos from using the nation’s emergency rooms and thus ease the burden on hospitals. “The problem [of hospitals going broke] is hugely exaggerated by illegal aliens who aren’t going to pay for anything anyway,” Niven says. Pournelle asks, somewhat jokingly, “Do you know how politically incorrect you are?” Niven replies, “I know it may not be possible to use this solution, but it does work.” (Magnuson 2/28/2008) One blogger, apparently angered by Niven’s proposal, later writes that Niven’s idea comes from his “magical, mystical fictional universe where hospitals don’t have to treat rednecks who OD on meth, insurance companies aren’t inflating the cost of hospital care, under-regulated drug companies aren’t making massive profits, and uninsured children of hardworking parents don’t fall off skateboards.” (Mark Frauenfelder 3/28/2008)

Attorney General Michael Mukasey refuses to refer a House contempt citation against two of President Bush’s top officials to a federal grand jury. The House has found former White House counsel Harriet Miers and White House Chief of Staff Joshua Bolten in contempt of Congress for refusing to answer Congressional subpoenas (see February 14, 2008), but Mukasey says neither Bolten nor Miers have committed any crimes. House Speaker Nancy Pelosi (D-CA) has, in return, given the House Judiciary Committee the authority to file a lawsuit against Miers and Bolten in federal court. Mukasey says Bolten and Miers were right to ignore the subpoenas because both were acting at President Bush’s behest. Pelosi retorts: “The American people demand that we uphold the law. As public officials, we take an oath to uphold the Constitution and protect our system of checks and balances and our civil lawsuit seeks to do just that.” Democrats want the filing to move swiftly so that a judge might rule before the November elections; a key tenet of Democratic political strategy is the accusation that the Bush administration has abused its executive powers and considers itself above the law. Bolten and Miers were subpoenaed to testify about the possible political motivations behind the 2006 firings of nine US attorneys. Mukasey agrees with the Bush administration in saying that neither Miers nor Bolten, as officials of the executive branch, are required to answer to Congress for their actions, “The contempt of Congress statute was not intended to apply and could not constitutionally be applied to an executive branch official who asserts the president’s claim of executive privilege,” he writes. “Accordingly, the department has determined that the noncompliance by Mr. Bolten and Ms. Miers with the Judiciary Committee subpoenas did not constitute a crime.” Judiciary Committee chairman John Conyers (D-MI) says of Mukasey’s decision: “Today’s decision to shelve the contempt process, in violation of a federal statute, shows that the White House will go to any lengths to keep its role in the US attorney firings hidden. In the face of such extraordinary actions, we have no choice but to proceed with a lawsuit to enforce the committee’s subpoenas.” (Kellman 2/29/2008)

A screenshot of Palin’s 2008 address to the Alaskan Independence Party’s convention.A screenshot of Palin’s 2008 address to the Alaskan Independence Party’s convention. [Source: World News (.com)]Governor Sarah Palin (R-AK) makes a videotaped address to the annual convention of the Alaskan Independence Party (AIP), a far-right, secessionist third party that has had considerable success in state and local politics. Palin’s husband Todd was a member of the AIP from 1995 through 2002, when he reregistered his voter status as “undecided.” Palin’s address steers clear of racist and secessionist rhetoric, but is very complimentary. She tells the assemblage: “I share your party’s vision of upholding the Constitution of our great state. My administration remains focused on reining in government growth so individual liberty can expand. I know you agree with that.… Keep up the good work and God bless you.” Palin has been given tremendous, if behind-the-scenes, support from former AIP chairman Mark Chryson throughout her political career (see October 10, 2008). Her attendance at the 1994 and 2006 AIP conventions, her address to the 2008 convention, and her husband’s membership in the AIP, will become a minor issue when she is named as the running mate for presidential contender John McCain (R-AZ). Chryson will insist that neither of the Palins had any real dealings with the AIP. “Sarah’s never been a member of the Alaskan Independence Party,” he will say. “Todd has, but most of rural Alaska has too. I never saw him at a meeting. They were at one meeting I was at. Sarah said hello, but I didn’t pay attention because I was taking care of business.” This contradicts Chryston’s near-boasting of his access to, and influence with, Palin during her tenure on the Wasilla City Council, as mayor of Wasilla, and as governor. And Dexter Clark, the current vice chairman of the AIP, will claim that Palin was an AIP member while she was Wasilla’s mayor, though she switched to the Republican Party to run for governor so as to have a broader appeal to the electorate. The McCain-Palin campaign will produce documentation that shows Palin registered as a Republican in 1988, and was never an official AIP member. (Blumenthal and Neiwert 10/10/2008) The AIP Web site’s convention page touts Palin’s videotaped message; the message is the only thing on the convention page. (Alaskan Independence Party 2008)

The House Judiciary Committee asks a federal judge to compel two White House officials to testify about the firings of eight US attorneys in 2007. Former White House counsel Harriet Miers and current White House Chief of Staff Joshua Bolten have both refused to testify, ignoring subpoenas from the Judiciary Committee (see February 14, 2008), and Attorney General Michael Mukasey has refused to enforce the subpoenas (see February 29, 2008). The White House steered the refusals. Judge John D. Bates, a federal district court judge in Washington, is overseeing the case. The suit says that neither Miers nor Bolten may avoid testimony by citing executive privilege, as both they and the White House have asserted. White House press secretary Dana Perino calls the suit “partisan theater,” and adds, “The confidentiality that the president receives from his senior advisers and the constitutional principle of separation of powers must be protected from overreaching, and we are confident that the courts will agree with us.” Judiciary Committee chairman John Conyers (D-MI) vehemently disagrees, saying, “The administration’s extreme claim to be immune from the oversight processes are at odds with our constitutional principles.” Conyers warns, “We will not allow the administration to steamroll Congress.” House Minority Leader John Boehner (R-OH) calls the suit a waste of time and accuses the committee of “pandering to the left-wing swamps of loony liberal activists.” The case is central to the ongoing tension between the White House and Congress over the balance of power between the two branches. Constitutional law professor Orin S. Kerr says the case raises fresh issues. While the Supreme Court recognized executive privilege in 1974, it acknowledged that executive privilege was not absolute and could be overturned in some instances, such as a criminal investigation. No court has ruled whether a claim of executive privilege outweighs a Congressional subpoena. According to lawyer Stanley Brand, who is involved in the suit for the Democrats, the committee turned to the legal system to avoid the possibility of charging Miers and Bolten with contempt and trying them in Congress on the charges. Such an action, Brand says, would be unseemly. (House Judiciary Committee v. Miers & Bolten 3/10/2008 pdf file; Lewis 3/11/2008)

As reported by progressive media watchdog site Media Matters, conservative radio host Michael Savage says of Democratic presidential candidate Barack Obama, “I think he was hand-picked by some very powerful forces both within and outside the United State of America to drag this country into a hell that it has not seen since the Civil War of the middle of the 19th century.” Savage is referring to controversial statements made by Obama’s former pastor, the Reverend Jeremiah Wright, whom Savage calls “the soul of Barack Obama’s movement.” Savage goes on to claim that Wright, and by extension Obama, align themselves with historical enemies of the United States: “And if you want a man who says not ‘God bless America,’ but ‘God d_mn America,’ if you want a man who takes the side of the imperial Japanese army, an army that killed not only hundreds of thousands in the Bataan Death March, but hundreds of thousand of Koreans, an army that operated on people while they were alive in Manchuria, a man who takes the side, in essence, of the Japanese Nazis of World War II, if you want a man who takes the side, in essence, of the Hitlers of the world, then you’ve got it in Barack Obama’s pastor, Jeremiah Wright, of the Trinity United Church of Christ.” Obama is merely “an ordinary apparatchik of the Democrat machine in Chicago” whose handlers intend to use Obama to bring upheaval and chaos to the nation. (Media Matters 3/19/2008)

Fred Hollander, a New Hampshire resident, files a lawsuit challenging presidential contender John McCain (R-AZ)‘s ability to serve as president. Hollander names the Republican National Committee (RNC) as a co-defendant. (Hollander v. McCain et al 3/14/2008) Hollander’s challenge hinges on a February 2008 report from conservative news blog News Busters that said since McCain was born in the Panama Canal Zone in 1936 (his parents, both US citizens were stationed on a Navy base in Panama at the time), he may not be eligible under Article II of the Constitution to be president. News Busters went on to report that McCain’s claim to have been born in the Coco Solo Naval Hospital in the Canal Zone was false, since that hospital was not built until 1941, and the nearest hospital at the time of his birth was not on a US military base, but in the Panamanian city of Colon. Therefore, the report concluded, “we were lied to” about McCain’s birthplace, and News Busters speculated that McCain’s citizenship was in question. However, News Busters was in error. According to subsequent investigations by the press, the Panama Canal Zone did contain a small hospital at the Coco Solo submarine base in 1936, and McCain was born in that hospital. Archival records also show the name of the Naval doctor who signed McCain’s birth certificate, Captain W. L. Irvine, the director of the facility at the time. News Busters, and Hollander, are in error in their reading of the law. Both of McCain’s parents were US citizens, and McCain was born on a US military base, which qualifies under the Constitution as “US soil.” The McCain presidential campaign has refused to release a copy of McCain’s birth certificate, but a senior campaign official shows Washington Post reporter Michael Dobbs a copy of the McCain birth certificate issued by the Coco Solo Naval hospital. (News Busters (.org) 2/21/2008; Dobbs 5/20/2008) Additionally, the Panama American newspaper for August 31, 1936 carried an announcement of McCain’s birth. (Washington Post 4/17/2008 pdf file) Two lawyers interviewed by CBS News concur that under the law, McCain is a “natural born citizen” and eligible to serve as president. Theodore Olson, the solicitor general for the Bush administration, and Laurence Tribe, a Harvard law professor generally considered to be a liberal, agree that challenges to McCain’s citizenship are specious. (CBS News 3/28/2008) Hollander files what is later determined to be a fake birth certificate with the court that purports to prove McCain has Panamanian citizenship. The court throws Hollander’s lawsuit out on the grounds that Hollander has no standing to challenge McCain’s citizenship. (US District Court, District of New Hampshire 7/24/2008 pdf file; Obama Conspiracy (.org) 2/27/2009; Obama Conspiracy (.org) 4/24/2010) The lawsuit is similar in nature to numerous court challenges to McCain’s Democratic opponent, Senator Barack Obama (see August 21-24, 2008, October 9-28, 2008, October 17-22, 2008, October 21, 2008, October 31 - November 3, 2008, October 24, 2008, October 31, 2008 and After, November 12, 2008 and After, November 13, 2008, and Around November 26, 2008).

The United States Federal Reserve has lent Wall Street’s largest investment bank billions of dollars, as the credit crisis threatens to spiral into a full-blown banking crisis. In developments currently rocking the world’s financial markets, the Fed and rival Wall Street bank, JP Morgan Chase, are funneling emergency loans to Bear Stearns, whose exposure to battered credit markets has led to a crisis of confidence in its ability to continue trading. In accelerating numbers, clients and trading partners are pulling business from Bear Stearns, after rumors of its solvency began circulating. During a last-minute conference call with investors, management at the investment bank warned that its emergency lending facility with the Federal Reserve has failed to staunch the bleeding. “We have been subject to a significant amount of rumor and innuendo in the past week,” says Bear Stearns chief executive Alan Schwartz. “We attempted to provide some facts but, in the market environment, the rumors intensified and a lot of people wanted to act to protect themselves first from the possibility that the rumors were true, and wait till later for the facts.” Bear Stearns appears most fragile of Wall Street’s major investment banks, since the July 2007 collapse of two internal hedge funds, providing initial clues about the scale of the unfolding credit crisis. Shares across the banking sector plunge as analysts fear that the Fed’s willingness to intervene suggests that Bear’s future is pivotal to the banking system, and that its failure precipitates losses that may cascade through its trading partners. Bear Stearns stocks are in freefall, closing down 47 percent. Pierre Ellis at New York’s Decision Economics said, “Clearly the Fed is addressing what they feel is a systemic risk very aggressively.” (Belfast Telegraph 3/15/2008)

A recent spate of chain email attacks on presidential contender Barack Obama (D-IL) include claims that Obama may be the Antichrist of Biblical prediction. PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, notes that the email entirely distorts the words of the Book of Revelation to make its claim. The email reads: “According to The Book of Revelations the anti-christ is: The anti-christ will be a man, in his 40s, of MUSLIM descent, who will deceive the nations with persuasive language, and have a MASSIVE Christ-like appeal.… the prophecy says that people will flock to him and he will promise false hope and world peace, and when he is in power, will destroy everything is it OBAMA??… I STRONGLY URGE each one of you to repost this as many times as you can! Each opportunity that you have to send it to a friend or media outlet… do it! If you think I am crazy… Im sorry but I refuse to take a chance on the ‘unknown’ candidate.” PolitiFact notes that there are at least 635,000 hits on Google for the search term “Obama + Antichrist,” indicating that the subject has a certain interest to many. There are also literally thousands of blog posts about “Barack Obama the Antichrist” and such. PolitiFact states flatly, “Nothing about this detailed allegation is true.” According to PolitiFact’s research, which includes interviews with two religious scholars, the email makes a number of egregious errors.
bullet The email misstates the name of the “Book of Revelation” as “Revelations.”
bullet The email falsely says that the Book of Revelation uses the term “anti-christ” or any such term. Religious studies professor Dr. James D. Tabor tells PolitiFact: “The word Antichrist is not used in the Book of Revelation so this is important to point out. Everybody thinks the word is used.” Dr. L. Michael White, a professor of classics and religious studies, adds, “First and foremost, the word Antichrist and a figure called the Antichrist never occurs in the Book of Revelation in the New Testament.” There are characters in Revelation that some interpret as being the Antichrist, particularly one beastly figure in Chapter 13 “having seven heads and ten horns, and upon his horns ten crowns, and upon his heads the name of blasphemy” that some consider to be an allusion to the Antichrist. “It’s only in Chapter 13 and you could almost miss it,” Tabor says. White notes that most Biblical scholars do not consider that figure to represent the Antichrist. “It wasn’t there in the Bible,” he says. “It emerges in the Middle Ages. It’s something historians deal with.” The term does appear a few times in other books of the Bible, specifically First John and Second John.
bullet The Bible does not identify the Antichrist as a man of any particular age. Nowhere does it describe “a man, in his 40s,” as the e-mail alleges. “As you notice, there’s nothing about being age 40,” Tabor says. “This is completely wrong. The Book of Revelation doesn’t say that. It says it’s a male, so I guess they got that right. It says ‘he,’ ‘he,’ ‘he.’”
bullet The Bible does not identify the Antichrist as being Muslim; Islam was not founded as a religion until 400 years after the completion of the various books of the Bible. “A Muslim would be a monotheist and the last thing a Muslim would do is have anyone worship anyone other than God,” says Tabor. And Obama is a Christian, not a Muslim (see October 1, 2007, December 19, 2007, and January 11, 2008).
According to White, the email lifts much of its information from the Left Behind series, a group of post-apocalyptic novels written by Christian-right preacher Tim LaHaye and his co-author, Jerry Jenkins. The email is, White says, “a jigsaw puzzle of bits and pieces all filtered through the kind of end-of-world scenarios we get in the theology that is the underpinning of the Left Behind novels.” He says this kind of “patchwork interpretation of the Bible” is used by groups who wish to justify certain beliefs. “Of course, they never bothered to read the Scriptures carefully,” he says, “so it’s kind of a system of interpretation. That if you start with that presupposition… it’s all there you can just find it.… That description [in the chain email] never occurs anywhere in one place nor are the component parts really about the same situation. It’s a cherry-picking through Scripture to get it all to fit together.” PolitiFact calls the email’s claim “egregiously inaccurate.” (St. Petersburg Times 3/19/2008)

A man thought to be Osama bin Laden releases a new audio message urging Muslims to join the insurgency in Iraq, as this is the “nearest jihad battlefield to support our people in Palestine.” The message comes one day after the previous communication thought to be from bin Laden (see March 19, 2008) and just over five years after the invasion of Iraq (see March 19, 2003). According to the person thought to be bin Laden, “Palestine cannot be retaken by negotiations and dialogue, but with fire and iron,” and Arab leaders were complicit in Israeli attacks on Gaza. “The people of the blessed land should sense the great favour God has bestowed upon them and do what they should do to support their mujahideen brothers in Iraq,” the speaker says. “It is a great opportunity and a major duty for my brothers the Palestinian emigrants [in Arab countries], between whom and jihad on the plains of Jerusalem a barrier has been built.” (BBC 3/20/2008)

President Musharraf swearing in Yousaf Raza Gillani as Pakistan’s latest prime minister.President Musharraf swearing in Yousaf Raza Gillani as Pakistan’s latest prime minister. [Source: Agence France-Presse - Getty Images] (click image to enlarge)In parliamentary elections in February 2008, a coalition of opposition parties led by the Pakistan People’s Party (PPP) took effective political control from President Pervez Musharraf, although Musharraf remains president (see February 18, 2008). On March 22, the leader of the PPP, Asif Ali Zardari, picks Yousaf Raza Gillani to become Pakistan’s new prime minister. Gillani assumes the position in a ceremony on March 25. Zardari is the husband of the recently assassinated and very popular Benazir Bhutto. He reportedly wants the prime minister position for himself, but he is not yet eligible for it as he does not hold a seat in parliament. Gillani is a relatively unknown low-key party stalwart. The New York Times comments that Gillani’s selection seems a “prelude to a drive by Mr. Zardari to take the job himself in the next few months.” (Perlez 3/23/2008) Within hours of becoming prime minister, Gillani frees the judges that had been placed under house arrest during Musharraf’s state of emergency several months before (see November 3-December 15, 2007). He frees Supreme Court head Iftikhar Chaudhry, the 13 other Supreme Court judges, and 48 High Court judges who refused to sign a loyalty oath. (Masood 3/25/2008)

The Supreme Court dismisses an appeal by the political advocacy group Citizens United (CU) that argued the group’s First Amendment rights had been violated by the Federal Election Commission (FEC). The Court had agreed to hear CU’s case that it should be allowed to broadcast a partisan political documentary about Democratic presidential candidate Hillary Clinton, Hillary: The Movie, on cable television networks in the days before critical primary elections (see January 10-16, 2008). The Court did not rule on the merits of the case, but instead ruled that CU should have filed its case first with the federal appeals court in Washington. The ruling does not dismiss the case entirely, but makes it unlikely that the Court will rule on the campaign law issues surrounding the case (see March 27, 2002) before the November 2008 elections. Lawyer James Bopp, representing CU, says, “It is our intention to get the case expeditiously resolved on the merits in the district court, and then if we are unsuccessful there, to appeal” again to the Court. Bopp accuses Justice Department lawyers of trying to slow down the case to prevent it being resolved before the election. CU also wants to release a similar documentary about the other leading Democratic presidential contender, Barack Obama (D-IL—see October 28-30, 2008), in a similar fashion to its planned widespread release of the Clinton film. Justice Stephen Breyer, one of the Court’s more liberal members, says in the order dismissing the appeal that had the case been taken up, he would have affirmed the previous decision in favor of the FEC. None of the other justices made any public statement about the case. The case will be heard by the Washington, DC, federal appeals court. (Richey 3/24/2008) The appeals court will find against CU, and the organization will reapply to the Court for a hearing, an application which will be granted (see March 15, 2009).

John Kasich, stumping for governor in 2010.John Kasich, stumping for governor in 2010. [Source: CleveScene (.com)]Fox News contributor John Kasich (R-OH), a former US representative and a current managing partner of the financial firm Lehman Brothers, announces that he intends to challenge Governor Ted Strickland (D-OH) in the 2010 midterm elections. Basic journalist ethics require Fox News to terminate its contract with Kasich and treat him as a candidate for office in future broadcasts. Instead, Kasich remains a Fox News employee until June 1, 2009, when he formally launches his bid for governor of Ohio. He regularly promotes his candidacy on Fox broadcasts, most often on the highly rated O’Reilly Factor, where he is a frequent guest and sometime guest host. Fox News commentators frequently laud Kasich; on June 17, 2008, Republican political analyst and paid Fox contributor Frank Luntz says he is “hoping that Kasich runs for governor of Ohio. I think John would be an outstanding candidate.” On July 15, 2008, talk show host Sean Hannity tells Kasich: “I’m advocating that you run for governor one day. And you’re not.… You’re not going along at all.” Kasich will continue to appear as a regular guest on Fox News programming after he formally launches his bid and Fox terminates its contract with him. He will make frequent appearances on Hannity’s show, where Hannity calls him “governor” and “soon-to-be governor,” and holds a fundraiser for Kasich in October 2009. On The O’Reilly Factor, Fox will show the URL for Kasich’s campaign Web site. On July 8, 2009, Hannity will tell Kasich on air: “You do me a favor. Go get elected governor, although why you would ever want that job, you’re out of your mind, but good luck. And I’m supporting you in the effort.” Kasich will also receive two $10,000 contributions from News Corporation, the parent company of Fox News. (Columbus Dispatch 3/27/2008; Hananoki 9/24/2010) Kasich will narrowly defeat Strickland in the 2010 gubernatorial elections. (Associated Press 11/3/2010) After two months in office, his draconian budget cuts, insults to law enforcement officials and minorities, and heavy-handed attacks on unions will send his popularity plummeting and in April 2011 will spark a recall effort. (Somander 4/11/2011)

Fox News reports that the FBI has narrowed its focus to “about four” suspects in its investigation of the 2001 anthrax attacks (see October 5-November 21, 2001). At least three of them are said to be scientists linked to USAMRIID, the US Army’s bioweapons lab at Fort Detrick, Maryland. One is said to be a former deputy commander, another is a leading anthrax scientist, and another is a microbiologist. None of them are said to be Steven Hatfill, a scientist who once worked at USAMRIID and was previously suspected. Fox News reports that the attacks came from a USAMRIID scientist or scientists, and, “A law enforcement source said the FBI is essentially engaged in a process of elimination.” Fox News also claims to have obtained an e-mail of USAMRIID scientists discussing how the anthrax powder they had been asked to analyze after the attacks was nearly identical to that made by one of their colleagues. The undated e-mail reads: “Then he said he had to look at a lot of samples that the FBI had prepared… to duplicate the letter material. Then the bombshell. He said that the best duplication of the material was the stuff made by [name redacted]. He said that it was almost exactly the same… his knees got shaky and he sputtered, ‘But I told the general we didn’t make spore powder!’” (Herridge and McCaleb 3/28/2008) In August 2008, one of the authors of the Fox News story will say that one of the four suspects was Bruce Ivins, and the e-mail was from 2005 and forwarded by Ivins, but not written by him. (Fox News 8/4/2008)

Russell Dean Landers, a member of the anti-government Montana Freemen serving an 11-year prison sentence for conspiracy, bank fraud, and threatening a federal judge (see November 8, 1998), is sentenced to an additional 15 years after being convicted of trying to extort his release from federal prison in El Reno, Oklahoma. Landers and two other inmates, Clayton Heath Albers and Barry Dean Bischof, filed legal documents demanding hundreds of thousands of dollars from prison officials for using the inmates’ names, which they claim had been “copyrighted.” The three also fraudulently obtained a credit report on the prison warden, and used the information in it to try to file false liens against the warden’s personal property. In 2004, the three hired a man to seize the warden’s vehicles, freeze his bank accounts, and change the locks on his doors, based on the liens; Landers and his accomplices did not know that they had hired an undercover FBI agent. Believing that the warden’s property had been seized, the three demanded to be released from prison before negotiating the return of the warden’s property. Two other inmates, Carl Ervin Batts and William Michael Roberson, have already pled guilty for their parts in the scheme. Albers and Bischof also receive lengthy jail terms. (US Department of Justice 4/7/2008; Southern Poverty Law Center 8/2008)

As reported by progressive media watchdog site Media Matters, conservative radio host Michael Savage repeats the false assertion that Democratic presidential candidate Barack Obama is a Muslim, a trope repeated by many conservative radio hosts (see January 22-24, 2008). In reality, Obama is a practicing Christian and a member of the United Church of Christ. The allegations that Obama is, or ever was, a Muslim have been debunked by, among others, CNN, the Chicago Tribune, and the Associated Press. Savage again lies to his listeners by telling them another oft-repeated falsehood, that Obama was educated in a radical Islamist “madrassah” during a childhood stint in Indonesia. Savage tells his listeners: “Look who we inherited in this country, from Dwight D. Eisenhower to Barack Hussein Obama, in one generation. A war hero to—a war hero who commanded the Allied operations against Nazi Germany was running for the presidency then. Now we have an unknown stealth candidate who went to a madrassas in Indonesia and, in fact, was a Muslim.… Yes, check it out.” (Media Matters 4/7/2008) Weeks before, Savage told his listeners that Obama and his former pastor supported the Nazis and the Imperial Japanese, and Obama would bring chaos and devastation to the United States on a scale not seen since the Civil War (see March 13, 2008).

The Congressional Quarterly reports on a growing body of evidence that indicates US interrogators are using mind-altering drugs on prisoners suspected of terrorist ties. The evidence is not yet conclusive, but reporter Jeff Stein writes: “There can be little doubt now that the government has used drugs on terrorist suspects that are designed to weaken their resistance to interrogation. All that’s missing is the syringes and videotapes.”
Connection to Yoo Memo - The idea that the US might be using hallucinogenic or other drugs on detainees in Guantanamo and other US detention facilities was bolstered by the recent revelation of another “torture memo,” this one written in 2003 by then-Justice Department lawyer John Yoo (see March 14, 2003). Yoo wrote that US interrogators could use mind-altering drugs on terror suspects as long as the drugs did not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” Yoo first rationalized the use of drugs on prisoners in earlier “torture memos” (see January 9, 2002 and August 1, 2002).
Criticism - Stephen Miles, a bioethicist and author of a recent book detailing medical complicity in US torture of suspected terrorists, notes: “The new Yoo memo, along with other White House legal memoranda, shows clearly that the policy foundation for the use of interrogational drugs was being laid. The recent memo on mood-altering drugs does not extend previous work on this area. The use of these drugs was anticipated and discussed in the memos of January and February 2002 by [Defense Department, Justice Department], and White House counsel using the same language and rationale. The executive branch memos laid a comprehensive and reiterated policy foundation for the use of interrogational drugs.” Jeffrey Kaye, a clinical psychologist who works with torture victims through Survivors International, says plainly: “Yes, I believe [drugs] have been used. I came across some evidence that they were using mind-altering drugs, to regress the prisoners, to ascertain if they were using deception techniques, to break them down.”
Varieties of Drugs and Placebos Being Used? - It is well known that US military personnel often use sedatives on shackled and hooded prisoners on “rendition” flights from Middle Eastern countries to Guantanamo. There is no hard evidence to support claims that US interrogators are using hallucinogenic drugs such as LSD on detainees. However, Michael Caruso, who represents suspected al-Qaeda operative Jose Padilla (see May 8, 2002), filed a motion last year asserting that his client “was given drugs against his will, believed to be some form of lysergic acid diethylamide (LSD) or phencyclidine (PCP), to act as a sort of truth serum during his interrogations.” Caruso had no proof to back up his claim.
KUBARK - Stein notes that a 1963 CIA interrogation manual, code-named KUBARK, advocated the use of placebos as well as real drugs on prisoners. And Michael Gelles, a psychologist with the Naval Criminal Investigative Institute who has spoken out against the abuse of prisoners at Guantanamo, says that he never saw anything related to drugs. “I never saw that raised as an issue,” he says. Hallucinogens such as LSD do not make subjects tell the truth. According to KUBARK, “Their function is to cause capitulation, to aid in the shift from resistance to cooperation.”
Winging It - In July 2003, the CIA, the RAND Corporation, and the American Psychological Association hosted a workshop that explored the question of using drugs to “affect apparent truth-telling behavior” (see June 17-18, 2003). After 9/11, top Bush administration officials pushed military commanders for quick intelligence but, according to a recent study, the interrogators unsure how to use harsher methodologies (see December 2006) and began “mak[ing] it up on the fly.”
Guantanamo - Guantanamo staff judge advocate Lieutenant Colonel Diane Beaver says that some of the interrogators drew inspiration from the popular TV drama 24 (see Fall 2006). Beaver makes no mention of drugs being used, but Ewe Jacobs, the director of Survivors International, says she may not have seen or heard about their use. “The Guantanamo camps were isolated from one another,” he says. What happened in one part of the facility may not have been known in other areas. Miles adds, “I suspect that most of the use of interrogational drugs was by CIA and Special Ops interrogators, and thus still remains classified.”
Credibility Issues - As with victims of the CIA’s MK-ULTRA program from the 1960s and 70s, when unwitting subjects were dosed with hallucinogenic drugs and their reactions catalogued and observed, the detainees who may have been forcibly given such drugs will likely not be believed by many. Absent hard evidence, many will consider the detainees either “looney,” in Stein’s words, or liars. Few believe that Padilla was drugged. And, Stein concludes, “Even fewer will believe the other prisoners, a number of whom are deranged from prolonged interrogation—if they ever get out.” (Stein 4/4/2008)

President Bush admits he knew about his National Security Council Principals Committee’s discussion and approval of harsh interrogation methods against certain terror suspects (see April 2002 and After). Earlier reports had noted that the Principals—a group of top White House officials led by then-National Security Adviser Condoleezza Rice—had deliberately kept Bush “out of the loop” in order for him to maintain “deniability.” Bush tells a reporter: “Well, we started to connect the dots in order to protect the American people. And yes, I’m aware our national security team met on this issue. And I approved.” Bush says that the news of those meetings to consider extreme interrogation methods was not “startling.” He admitted as far back as 2006 that such techniques were being used by the CIA (see September 6, 2006). But only now does the news of such direct involvement by Bush’s top officials become public knowledge. The Principals approved the waterboarding of several terror suspects, including Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003 and March 10, 2007); Bush defends the use of such extreme measures against Mohammed, saying: “We had legal opinions that enabled us to do it. And no, I didn’t have any problem at all trying to find out what Khalid Shaikh Mohammed knew.… I think it’s very important for the American people to understand who Khalid Shaikh Mohammed was. He was the person who ordered the suicide attack—I mean, the 9/11 attacks.” (Greenburg, Rosenberg, and de Vogue 4/11/2008) Bush’s admission is no surprise. The day before Bush makes his remarks, law professor Jonathan Turley said: “We really don’t have much of a question about the president’s role here. He’s never denied that he was fully informed of these measures. He, in fact, early on in his presidency—he seemed to brag that they were using harsh and tough methods. And I don’t think there’s any doubt that he was aware of this. The doubt is simply whether anybody cares enough to do anything about it.” (MSNBC 4/10/2008)

A portion of Barack Obama’s marriage certificate. The full-size original can be viewed online.A portion of Barack Obama’s marriage certificate. The full-size original can be viewed online. [Source: St. Petersburg Times]PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, debunks a recent spate of claims that Senator Barack Obama (D-IL), a presidential candidate, has ties to Islamist radicals in Kenya. The claims appear to be sourced from a letter sent by American missionaries in Kenya, saying that Obama has ties to a Kenyan opposition party and warning its readers “not to be taken in by those that are promoting him.” The email also claims: “By the way. His true name is Barak Hussein Muhammed Obama. Won’t that sound sweet to our enemies as they swear him in on the Koran! God bless you.” PolitiFact writes: “The e-mail reads like a bad game of ‘telephone,’ its claims drawn from assorted people and sources that have been stitched together. And yet, because it is signed by real people, who have a life in Africa, it somehow carries more credence than your average blog posting—and it’s spreading rapidly.” PolitiFact has debunked this claim before (see January 11, 2008), but notes that the claim continues to spread. PolitiFact posts a copy of Obama’s 1992 marriage certificate, which states “Barack H. Obama” married “Michelle L. Robinson” on October 3, 1992, in a ceremony officiated by Trinity United Church of Christ pastor Jeremiah A. Wright (see January 6-11, 2008). Obama’s driver’s license record in Illinois identifies him as “Barack H. Obama.” His property listings name him as either “Barack Hussein Obama” or “Barack H. Obama.” His registration and disciplinary record with the Attorney Registration & Disciplinary Commission of the Supreme Court of Illinois notes that Obama was admitted to the Illinois bar on December 17, 1991, and has no public record of discipline. PolitiFact was unable to secure a copy of Obama’s Hawaiian birth certificate (see June 13, 2008). PolitiFact has located the originator of the email, Celeste Davis. Her husband Loren Davis confirms that he cannot substantiate the claims in the email. “That was what we heard there [in Kenya],” Davis tells a PolitiFact interviewer. Davis says he and his wife have lived and worked in Kenya for the past 12 years, and says his wife’s message was from a personal letter “never intended to be forwarded or sent out to the Web.” (St. Petersburg Times 4/18/2008)

Former NBC analyst Kenneth Allard.Former NBC analyst Kenneth Allard. [Source: New York Times]The New York Times receives 8,000 pages of Pentagon e-mail messages, transcripts and records through a lawsuit. It subsequently reports on a systematic and highly orchestrated “psyops” (psychological operations) media campaign waged by the Defense Department against the US citizenry, using the American media to achieve their objectives. At the forefront of this information manipulation campaign is a small cadre of retired military officers known to millions of TV and radio news audience members as “military analysts.” These “independent” analysts appear on thousands of news and opinion broadcasts specifically to generate favorable media coverage of the Bush administration’s wartime performance. The group of officers are familiar faces to those who get their news from television and radio, billed as independent analysts whose long careers enable them to give what New York Times reporter David Barstow calls “authoritative and unfettered judgments about the most pressing issues of the post-Sept. 11 world.” However, the analysts are not nearly as independent as the Pentagon would like for Americans to believe. Barstow writes: “[T]he Bush administration has used its control over access and information in an effort to transform the analysts into a kind of media Trojan horse—an instrument intended to shape terrorism coverage from inside the major TV and radio networks.… These records reveal a symbiotic relationship where the usual dividing lines between government and journalism have been obliterated.”
Administration 'Surrogates' - The documents repeatedly refer to the analysts as “message force multipliers” or “surrogates” who can be counted on to deliver administration “themes and messages” to millions of Americans “in the form of their own opinions.” According to the records, the administration routinely uses the analysts as, in Barstow’s words, “a rapid reaction force to rebut what it viewed as critical news coverage, some of it by the networks’ own Pentagon correspondents.” When news articles revealed that US troops in Iraq were dying because of inadequate body armor (see March 2003 and After), a senior Pentagon official wrote to his colleagues, “I think our analysts—properly armed—can push back in that arena.” In 2005, Ten analysts were flown to Guantanamo to counter charges that prisoners were being treated inhumanely; the analysts quickly and enthusiastically repeated their talking points in a variety of television and radio broadcasts (see June 24-25, 2005).
Ties to Defense Industry - Most of the analysts, Barstow writes, have deep and complex “ties to military contractors vested in the very war policies they are asked to assess on air.” The analysts and the networks almost never reveal these business relationships to their viewers; sometimes even the networks are unaware of just how deep those business connections extend. Between then, the fifty or so analysts “represent more than 150 military contractors either as lobbyists, senior executives, board members or consultants. The companies include defense heavyweights, but also scores of smaller companies, all part of a vast assemblage of contractors scrambling for hundreds of billions in military business generated by the administration’s war on terror. It is a furious competition, one in which inside information and easy access to senior officials are highly prized.” Some of the analysts admit to using their special access to garner marketing, networking, and business opportunities. John Garrett, a retired Marine colonel and Fox News analyst, is also a lobbyist at Patton Boggs who helps firms win Pentagon contracts, including from Iraq. In company promotional materials, Garrett says that as a military analyst he “is privy to weekly access and briefings with the secretary of defense, chairman of the Joint Chiefs of Staff and other high level policy makers in the administration.” One client told investors that Garrett’s access and experience helps him “to know in advance—and in detail—how best to meet the needs” of the Defense Department and other agencies. Garrett calls this an inevitable overlap between his various roles, and says that in general, “That’s good for everybody.”
Exclusive Access to White House, Defense Officials - The analysts have been granted unprecedented levels of access to the White House and the Pentagon, including:
bullet hundreds of private briefings with senior military officials, including many with power over contracting and budget matters;
bullet private tours of Iraq;
bullet access to classified information;
bullet private briefings with senior White House, State Department, and Justice Department officials, including Vice President Dick Cheney, former Attorney General Alberto Gonzales, and National Security Adviser Stephen Hadley.
Conversely, analysts who do not cooperate take a risk. “You’ll lose all access,” says CBS military analyst and defense industry lobbyist Jeffrey McCausland.
Quid Pro Quo - Fox News analyst and retired Army lieutenant colenel Timur Eads, who is vice president of government relations for Blackbird Technologies, a rapidly growing military contractor, later says, “We knew we had extraordinary access.” Eads confirms that he and other analysts often held off on criticizing the administration for fear that “some four-star [general] could call up and say, ‘Kill that contract.’” Eads believes that he and the other analysts were misled about the Iraqi security forces, calling the Pentagon’s briefings about those forces’ readiness a “snow job.” But Eads said nothing about his doubts on television. His explanation: “Human nature.” Several analysts recall their own “quid pro quo” for the Pentagon in the months before the invasion (see Early 2003). And some analysts were far more aboveboard in offering quid pro quos for their media appearances. Retired Army general Robert Scales, Jr, an analyst for Fox News and National Public Radio, and whose consulting company advises several firms on weapons and tactics used in Iraq, asked for high-level Pentagon briefings in 2006. In an e-mail, he told officials: “Recall the stuff I did after my last visit. I will do the same this time.”
Repeating White House Talking Points - In return, the analysts have, almost to a man, echoed administration talking points about Iraq, Afghanistan, and Iran, even when some of them believed the information they were given was false or inflated. Some now acknowledge they did so—and continue to do so—for fear of losing their access, which in turn jeopardizes their business relationships. Some now regret their participation in the propoganda effort, and admit they were used as puppets while pretending to be independent military analysts. Bevelacqua says, “It was them saying, ‘We need to stick our hands up your back and move your mouth for you.’” Former NBC analyst Kenneth Allard, who has taught information warfare at the National Defense University, calls the campaign a sophisticated information operation aimed, not at foreign governments or hostile populaces, but against the American people. “This was a coherent, active policy,” he says (see Late 2006). The Pentagon denies using the military analysts for propaganda purposes, with spokesman Bryan Whitman saying it was “nothing other than an earnest attempt to inform the American people.” It is “a bit incredible” to think retired military officers could be “wound up” and turned into “puppets of the Defense Department,” Whitman says. And other analysts, such as McCausland, say that they never allowed their outside business interests to affect their on-air commentaries. “I’m not here representing the administration,” McCausland says. Some say they used their positions to even criticize the war in Iraq. But according to a close analysis of their performances by a private firm retained by the Pentagon to evaluate the analysts, they performed to the Pentagon’s complete satisfaction (see 2005 and Beyond).
Enthusiastic Cooperation - The analysts are paid between $500 and $1,000 per appearance by the networks, but, according to the transcripts, they often speak as if the networks and the media in general are the enemy. They often speak of themselves as operating behind enemy lines. Some offered the Pentagon advice on how to outmaneuver the networks, or, as one said to then-Defense Secretary Donald Rumsfeld, “the Chris Matthewses and the Wolf Blitzers of the world.” Some alerted Pentagon officials of planned news stories. Some sent copies of their private correspondence with network executives to the Pentagon. Many enthusiastically echoed and even added to administration talking points (see Early 2007). (Barstow 4/20/2008) Several analysts say that based on a Pentagon briefing, they would then pitch an idea for a segment to a producer or network booker. Sometimes, the analysts claim, they even helped write the questions for the anchors to ask during a segment. (Barstow 4/21/2008)
Consequences and Repercussions - Some of the analysts are dismayed to learn that they were described as reliable “surrogates” in Pentagon documents, and some deny that their Pentagon briefings were anything but, in the words of retired Army general and CNN analyst David Grange, “upfront information.” Others note that they sometimes disagreed with the administration on the air. Scales claims, “None of us drink the Kool-Aid.” Others deny using their access for business gain. Retired general Carlton Shepperd says that the two are “[n]ot related at all.” But not all of the analysts disagree with the perception that they are little more than water carriers for the Pentagon. Several recall being chewed out by irate defense officials minutes after their broadcasts, and one, retired Marine colonel Wiliam Cowan of Fox News, recalls being fired—by the Pentagon, not by Fox—from his analyst position after issuing a mild criticism of the Pentagon’s war strategies (see August 3-4, 2005). (Barstow 4/20/2008)

The Center for Media and Democracy’s John Stauber and author Sheldon Rampton lambast the Pentagon for its recently revealed propaganda program that, in their words, “embed[s] military propagandists directly into the TV networks as on-air commentators” (see April 20, 2008 and Early 2002 and Beyond). But Stauber and Rampton are even more critical of the media’s refusal to deal with the story. They note, “In 1971, when the [New York] Times printed excerpts of the Pentagon Papers on its front page (see March 1971), it precipitated a constitutional showdown with the Nixon administration over the deception and lies that sold the war in Vietnam. The Pentagon Papers issue dominated the news media back then. Today, however, [New York Times reporter David] Barstow’s stunning report is being ignored by the most important news media in America—TV news—the source where most Americans, unfortunately, get most of their information. Joseph Goebbels, eat your heart out. Goebbels is history’s most notorious war propagandist, but even he could not have invented a smoother PR vehicle for selling and maintaining media and public support for a war…”
Journalistic Standards Violated - According to the authors, the news outlets who put these analysts on the air committed “a glaring violation of journalistic standards.” They cite the code of ethics of the Society of Professional Journalists, which enjoins journalists and news outlets to:
bullet Avoid conflicts of interest, real or perceived;
bullet Remain free of associations and activities that may compromise integrity or damage credibility;
bullet Refuse gifts, favors, fees, free travel and special treatment, and shun secondary employment, political involvement, public office and service in community organizations if they compromise journalistic integrity;
bullet Disclose unavoidable conflicts;
bullet Be vigilant and courageous about holding those with power accountable;
bullet Deny favored treatment to advertisers and special interests and resist their pressure to influence news coverage; and
bullet Be wary of sources offering information for favors or money.
Networks' Silence a 'Further Violation of Public Trust' - The networks who used these analysts observed none of these fundamental ethical guidelines. “They acted as if war was a football game and their military commentators were former coaches and players familiar with the rules and strategies,” Stauber and Rampton write. “The TV networks even paid these “analysts” for their propaganda, enabling them to present themselves as ‘third party experts’ while parroting White House talking points to sell the war.” Stauber and Rampton call the networks’ decision to almost completely ignore the story a further “violation… of the public trust…” They fix much of the blame for the Iraq debacle on the media, noting that the war “would never have been possible had the mainstream news media done its job. Instead, it has repeated the big lies that sold the war. This war would never have been possible without the millions of dollars spent by the Bush administration on sophisticated and deceptive public relations techniques such as the Pentagon military analyst program that David Barstow has exposed.” (Stauber and Rampton 4/25/2008)

Steve Sailer.Steve Sailer. [Source: Steve Sailer / VDare (.com)]An email makes the rounds of the Internet claiming to “prove” President Obama is a racist by “quoting” him directly. The quote, supposedly from Obama’s memoir Dreams from My Father, reads, “I found a solace in nursing a pervasive sense of grievance and animosity against my mother’s race.” (Obama’s mother was white.) The quote actually comes from a March 2007 article in American Conservative magazine that reads: “In reality, Obama provides a disturbing test of the best-case scenario of whether America can indeed move beyond race. He inherited his father’s penetrating intelligence; was raised mostly by his loving liberal white grandparents in multiracial, laid-back Hawaii, where America’s normal race rules never applied; and received a superb private school education. And yet, at least through age 33 when he wrote Dreams from My Father, he found solace in nursing a pervasive sense of grievance and animosity against his mother’s race.” The author of the article was Steve Sailer, who according to right-wing terrorism expert David Neiwert, has long claimed that Obama is a racist, and has often misquoted Obama or fabricated quotes from him to prove his point. (Sailer once called Obama a “wigger,” combining the word “white” with a well-known racial slur.) Neiwert calls Sailer “a racist, a white supremacist in pseudo-academic clothing.” Sailer’s 2007 article prompted fellow American Conservative writer Alexander Konetzki to leave the magazine; Konetzki explained at the time, “I realized that, in addition to the racist associations he employs, Sailer frequently quotes Obama out of context and makes assertions about Obama’s racial identity that the book flatly contradicts.” (Sailer 5/26/2007; PolitiFact 5/19/2008; David Neiwert 6/12/2008) Sailer is also a frequent contributor to the openly racist VDare (.com) Web site and blog. (Steve Sailer 10/20/2008)

Angela McGlowan.Angela McGlowan. [Source: Women of the GOP]Fox News political analyst Angela McGlowan announces on the air that she is going back to Mississippi to “beat” US Representative Travis W. Childers (D-MS). Appearing on America’s Election Headquarters, she tells fellow contributor Bob Beckel: “That’s all right, sweetie, that’s my district, and I’m going there soon to beat your Democrat colleague, honey. I’m going soon. 2010 is my year. Announcing it right here.” Ethically, Fox should immediately terminate its contract with McGlowan, as she is now an announced candidate for public office. It is improper for Fox or any other journalistic outlet to continue having McGlowan on the air as a paid analyst or commentator once she announces for public office. Instead, Fox continues to pay McGlowan to appear on its programming until her contract expires in February 2010 and she “officially” announces her candidacy in Mississippi. Between May 2008 and February 2010, McGlowan makes dozens of appearances on Fox News and Fox Business Channel, where she regularly touts her candidacy and speaks as a candidate; on January 15, 2010, appearing on Fox Business with Neil Cavuto, she says she has held “four health care town hall meetings in the state of Mississippi” and adds: “[A] lot of people don’t want this health care bill. They want health care reform but they want the right type of reform.” During a February 6 appearance on America’s News Headquarters, McGlowan, still a paid contributor, actively solicits tea party votes and explains, “What I’m doing in essence is I’m concerned about Mississippi and the issues.” Even after she announces her candidacy and “terminates” her contract with Fox, she will continue to appear on its broadcasts as a candidate, including appearances on America’s Newsroom and Hannity; the first line of her first campaign release will reference her former Fox News employment. She receives a late endorsement from Fox News paid contributor Sarah Palin (R-AK). (Media Matters 2/9/2010; Hananoki 9/24/2010) On May 27, 2010, McGlowan will appear on America’s Newsroom, where host Bill Hemmer will introduce her as a “Fox News contributor” and ask her opinion of the Gulf of Mexico oil crisis. While she will criticize the Obama administration over it, calling it “Obama’s Katrina” and “Obama’s Watergate,” a chyron will identify McGlowan as a Congressional candidate. At the end of the segment, Hemmer will say, “Angela, I know you’re running for Congress in Mississippi, in the interest of full disclosure, we mention that, and thank you for coming on today.” (Hananoki 5/27/2010) On June 1, 2010, McGlowan will come in a distant third in the Mississippi Republican primary, and will endorse Republican candidate Alan Nunnelee against Childers. She had previously refused to endorse Nunnelee after her loss, calling him a “RINO” (Republican In Name Only) and warning that he “would run amok in Washington, DC, the same as any other incumbent politician.” (Kleefeld 6/11/2010) McGlowan will return to work as a Fox News and Fox Business analyst, and will serve as CEO of the lobbying firm Political Strategies and Insights (PSI). (BuzzTab 4/7/2010)

’AngryRenter.com’ logo.’AngryRenter.com’ logo. [Source: AngryRenter (.com)]The Wall Street Journal learns that a supposedly amateur-based, citizen-driven protest Web site is actually a product of a professional public relations and lobbying organization, FreedomWorks (see April 14, 2009). The site, AngryRenter.com, is designed to look like something an “ordinary citizen” would produce. Michael Phillips of the Journal writes, “AngryRenter.com looks a bit like a digital ransom note, with irregular fonts, exclamation points, and big red arrows—all emphasizing prudent renters’ outrage over a proposed government bailout for irresponsible homeowners.” The site’s home page proclaims, “It seems like America’s renters may NEVER be able to afford a home,” and exhorts visitors to sign an online petition directed at Congressional Democrats. (The petition, with some 44,500 signatures, was delivered to Senate leaders earlier in the week.) “We are millions of renters standing up for our rights!” the site proclaims.
'Astroturf' - However, it is designed and hosted by FreedomWorks, which the Journal describes as “an inside-the-Beltway conservative advocacy organization led by Dick Armey, the former House majority leader, and publishing magnate Steve Forbes, a fellow Republican. [Forbes is an unpaid board member.]… [AngryRenter.com is] a fake grass-roots effort—what politicos call an astroturf campaign—that provides a window into the sleight-of-hand ways of Washington.” FreedomWorks opposes the proposed government bailout of the housing industry, and says it plans to oppose any further bailouts. AngryRenter.com is copyrighted by FreedomWorks, which discloses its ownership of the site on a page deeper into the site. However, Phillips writes, “The site is nonetheless designed to look underdoggy and grass-rootsy, with a heavy dose of aw-shucks innocence.” The site says: “Unfortunately, renters aren’t as good at politics as the small minority of homeowners (and their bankers) who are in trouble. We don’t have lobbyists in Washington, DC. We don’t get a tax deduction for our rent, and we don’t get sweetheart government loans.” Most visitors to the site have no idea that lobbyists for FreedomWorks actually wrote that copy, nor that FreedomWorks garnered $10.5 million in lobbying fees in 2006, most of which came from large donors the organization is not obligated to disclose.
FreedomWorks Operated by Millionaires - FreedomWorks president Matthew Kibbe says the site is an attempt to “reach out” to disgruntled renters who share the free-market views of Armey, Forbes, and others. Kibbe calls himself “an angry homeowner who pays his mortgage.” He lives on Capitol Hill in DC, in a home valued at $1.17 million. Forbes lives in a home in New Jersey worth $2.78 million, and owns, among other properties, a chateau in France. (The Forbes family recently sold its private island in Fiji and its palace in Morocco.) Armey earns over $500,000 a year working for FreedomWorks, and lives in a Texas home valued at $1.7 million. Representative Barney Frank (D-MA) says he finds it amusing that Armey is portraying himself as a champion of ordinary renters. “I worked a long time trying to improve the condition of renters,” he says. “Dick Armey has usually been on the other side.”
Looking Out for the 'Poor Devil' Who Can't Afford to Buy a Home - Armey says he’s looking out for “the poor devil” who can’t afford to buy a house. “From our point of view, we have an industry in which people were very careless, very reckless—both lenders and borrowers. What various policy makers are saying is we need to rush in here with a program to protect people from the consequences of their own bad judgment.”
Deliberately Misleading? - Armey defends AngryRenter.com’s deliberately amateurish appearance, and calls it “voluntary” for civic participation. San Diego financial adviser Rich Toscano, who rents his home, thought the site was an amateur venture similar to his own blog, Professor Piggington’s Econo-Almanac for the Landed Poor, which chronicles foreclosures and other financial misfortunes suffered by real-estate brokers whom Toscano says helped inflate the area’s real-estate bubble. AngryRenter.com appeared to Toscano as genuinely citizen-produced: “It looks like a young person did it,” he says. He still supports the site even after learning that it is a production of a DC lobbying firm, saying the message is more important than the identity of the bailout. Web designer Chris Kinnan, a FreedomWorks employee, actually designed the site. Of himself, he says: “I’m a renter. I’m not an angry renter.” (Phillips 5/16/2008)

’Gunny’ Bob Newman.’Gunny’ Bob Newman. [Source: Newsradio 850 KOA]As reported by progressive media watchdog site Media Matters, conservative radio host “Gunny” Bob Newman, the host of a popular Denver talk show, responds to a Tennessee Republican Party ad attacking presidential contender Barack Obama (D-IL)‘s wife Michelle to accuse Obama of behaving like a stereotypical black street hood. Calling Obama a “clown” and asking if he is “some sort of a bad _ss,” Newman then addresses Obama directly, demanding: “What are you gonna do, Obama, come to Denver and try, key word try, to whip my white _ss? Son, you are not some sort of macho tough guy, trust me. You are just another blowhard, make-believe thug who wants to be the most powerful man on Earth. You’re a far-left, terrorist-hugging politician, not the bad-boy gangsta you want people to believe you are.” Obama called Republican attacks on his wife “unacceptable” and “detestable,” apparently provoking Newman’s response. (Media Matters 5/20/2008) In previous broadcasts, Newman accused Obama of dressing like a terrorist sympathizer (see February 25, 2008).

Discussing the presidential candidacy of Barack Obama (D-IL), conservative radio host Rush Limbaugh tells listeners that the Democratic Party is “go[ing] with a veritable rookie whose only chance of winning is that he’s black.” Limbaugh’s comments are reported by progressive media watchdog organization Media Matters. (Media Matters 6/2/2008)

Mark Levin.Mark Levin. [Source: 640 WHLO-AM]As reported by progressive media watchdog site Media Matters, nationally syndicated radio host Mark Levin tells his listeners that presidential candidate Barack Obama “lied to” the American Israel Public Affairs Committee (AIPAC) when he “told them today that the Iranian Revolutionary Guards should be designated a terrorist group after voting against a bill designating them a terrorist group a year ago.” Fox News anchor Martha McCallum echoes the accusation a day later on her show The Live Desk, saying that Obama “seems to be changing his tune on the significant issue.” Both Levin and McCallum are misrepresenting Obama’s voting record. He has consistently voted to designate the Iranian Revolutionary Guards as a terrorist organization, and co-sponsored a November 2007 bill to do just that. Levin and McCallum are referencing a 2007 bill that Obama says he would have voted against, a bill that, Obama said, “states that our military presence in Iraq should be used to counter Iran.” Obama disagreed with that portion of the resolution, not another section that advocated for the designation of the Guards as a terrorist organization. The false characterization of Obama’s stance on the Guards may originate with Obama’s opponent John McCain, who says just before Levin’s broadcast that Obama “was categorical in his statement when he opposed that legislation. Then he goes before AIPAC and supports it. I know he’s changing on the surge, he’s trying to change on his pledge to negotiate with dictators without preconditions.” Levin flatly calls Obama “a liar… he’s a radical extremist and he’s a liar.” (Media Matters 6/6/2008)

Conservative radio host Michael Savage says that homeless Americans should be put in “work camps.” As documented by progressive media watchdog organization Media Matters, Savage, answering a caller’s question about how he would address the “problem with the homelessness in this country,” says: “Why not put them in work camps? Most of them are able-bodied.” When the caller asks, “How much do you plan on paying them in these work camps, sir?” Savage responds, “Well, since they’re already receiving public assistance, I’d pay them nothing.” He continues: “Why do you have to pay a man who’s right now living off the fat of the land? And he’s sucking the fat of the land for, you know, a fairly small check—it is true—but he is a leech. He is not a productive member of society. Where is the money supposed to come from? No, I’ve studied the homeless problem for many years, Ed, because I live in one of the most infested cities in the United States—San Francisco—and I’ve observed the bums for many years. And the good—the largest portion of them are able-bodied. They’re drug addicts or alcoholics. There’s no reason they could not be put into work camps and do much of the labor that our illegal aliens are doing. Now, who do you think did this labor in previous generations? It was ne’er-do-wells, who today are basically able to live on the fat of the land and then drink or use drugs because they’re getting a check for nothing. In the old days, they’d pick the crops and they would spend their money on alcohol.” (Media Matters 6/9/2008)

Obama’s birth certificate, obtained from the Hawaii Department of Health.Obama’s birth certificate, obtained from the Hawaii Department of Health. [Source: FightTheSmears (.com)]Senator Barack Obama (D-IL), running for the Democratic nomination for president, releases a digitally scanned copy of his Hawaiian birth certificate. His campaign is responding to persistent rumors that he is not a legitimate American citizen. In the process of releasing the certificate, Obama’s campaign also launches a Web site called Fight The Smears, devoted to debunking the allegations that, among other things, Obama is not a citizen, he is a closet Muslim, he took his oaths for political office on a copy of the Koran, he refuses to say the Pledge of Allegiance, and other falsehoods. As Obama was born in Kapiolani Maternity & Gynecological Hospital in Honolulu at 7:24 p.m. on August 4, 1961, his birth certificate comes under Hawaiian state law, and those laws state birth certificates are not public records. Only the individuals, or immediate family members, may request copies. The copy of the birth certificate released by the Obama campaign confirms that his name is legitimately “Barack Hussein Obama,” not “Barack Muhammed Obama,” “Barry Soetoro,” or other claimed variants, and states that Obama’s mother is Stanley Ann Dunham, an American, and his father is Barack Hussein Obama, an “African.” The birth certificate release only inflames the “birther” claims that Obama is hiding his true citizenship, religion, political alliances, and other such personal facts (see June 27, 2008). (Hollyfield 6/27/2008; Fairley 7/1/2009; Honolulu Advertiser 7/28/2009)

Right-wing blogs begin reprinting and recirculating an email that claims presidential candidate Barack Obama (D-IL) is somehow responsible for at least 19 mysterious deaths. Right-wing terrorism expert David Neiwert will compare the “Obama death list” to the equally spurious “Clinton death lists” that circulated throughout the two terms of the Clinton administration and still survive in some places today. The email falsely claims that the fact-checking Web site Snopes.com has validated the list. The email reads in part: “Please send this to as many people as you can, especially those who might be thinking of voting for B. Hussen Obama. We cannot have a man like this in office.… The following is a partial list of deaths of persons connected to Barack HUSSEIN Obama during his time inside the United States. Read the list and judge for yourself.” The list includes a number of known and supposed Obama associates, all of whom “died mysteriously” from a variety of causes, from “suspiciously timed” heart attacks and car crashes to drug overdoses. According to the list: an author died in 2003 after supposedly “exposing” Obama as a secret “radical Muslim” (see October 1, 2007, December 19, 2007, Before October 27, 2008, January 11, 2008, Around March 19, 2008, and April 18, 2008), as did a supposed FBI informant. Another died before he could share “sensitive information about meetings Barack Obama had with arms smugglers,” and that person’s father died “four hours after” his son made an appearance on right-wing talk show host Michael Savage’s broadcast. One woman died after filing and then dropping rape charges against Obama. A former Obama office secretary was murdered after meeting with a reporter to discuss Obama’s secret connections to black militants. A “childhood classmate” of Obama’s was beheaded before he could present evidence that Obama had attended a radical Islamist madrassa in Indonesia. One person, a former reverend of Trinity Baptist Church (see January 6-11, 2008), was allegedly murdered so the Reverend Jeremiah Wright could take over as head of the church; the pastor’s son was also murdered before he could expose Wright as a murderer. Another person died before he could expose his homosexual love affair with Obama. Another was shot to death before she could expose Obama as a frequent client of prostitutes. Another went missing after telling friends that she was carrying Obama’s “love child.” Bloggers for the progressive Sadly No site say they have tried and failed to authenticate most of the “deaths” of the people on the list, including author Sarah Berkley, whose alleged book The Jihad at the Ballot Box does not seem to exist. (My Right Wing Dad 7/15/2008; Sadly No 7/26/2008; David Neiwert 7/28/2008) One blogger later finds that one person on the list, who supposedly died because of sinister Obama machinations in 2003, also supposedly died in 1994 from equally sinister Clinton machinations. (Civilization Fanatics 7/26/2008)

Stormfront logo.Stormfront logo. [Source: Don Black]According to an article by the Washington Post, owners and operators of racist, white supremacist Web sites such as Stormfront (see March 1995) report a large increase in traffic, apparently sparked by Senator Barack Obama (D-IL)‘s recent naming as the Democratic nominee for president. Billy Roper, a former member of the neo-Nazi National Alliance (see 1970-1974 and Summer 2005) and now the chief of an Arkansas group called White Revolution, says: “I haven’t seen this much anger in a long, long time. Nothing has awakened normally complacent white Americans more than the prospect of America having an overtly nonwhite president.” Deborah Lauter, the civil rights director for the Anti-Defamation League (ADL), says: “[W]e’re finding an explosion in these kinds of hateful sentiments on the Net, and it’s a growing problem. There are probably thousands of Web sites that do this now. I couldn’t even tell you how many are out there because it’s growing so fast.” The white power organizations acknowledge that they have little chance to derail Obama’s candidacy, so instead some of them say they are using it to energize their membership and reach out for new members. The Post reports, “[t]he groups now portray [Obama’s] candidacy as a vehicle to disenfranchise whites and polarize America.” The groups have helped foster the debunked rumors that Obama is a Muslim, that his books are overtly racist, that his wife Michelle is a radical black activist who hates “whitey,” and other claims. Stormfront’s owner, Don Black, says that since 1995, he has tried to make his site a “central meeting place for the white power movement.” Obama’s nomination is helping him fulfill his vision, he says. Black has 40 moderators running 54 message boards that welcome over 40,000 unique visitors every day. Posters on Stormfront complain that Obama represents the end of “white rule” and the beginning of “multiculturalism.” They fear that he will promote affirmative action, support illegal immigration, and help render whites, who make up two-thirds of the US population, “the new minority.” Black says: “I get nonstop emails and private message from new people who are mad as hell about the possibility of Obama being elected. White people, for a long time, have thought of our government as being for us, and Obama is the best possible evidence that we’ve lost that. This is scaring a lot of people who maybe never considered themselves racists, and it’s bringing them over to our side.” David Duke, Black’s former mentor and a former Ku Klux Klan leader, says his Web site’s traffic has doubled. White supremacist Dan Hill, who runs an extremist group in northern Michigan, says his cohorts are more willing to “take serious action” and plan rallies to protest politicians and immigration; he says he recently drove to an Obama rally and tried to “get a riot started or something.” Roper says White Revolution receives about 10 new applicants each week, more than double the norm. Ron Doggett, who helps Duke run a white power group called EURO in Virginia, says: “Our side does better when the public is being pressured, when gas prices are high, when housing is bad, when a black man might be president. People start looking for solutions and changes, and we offer radical changes to what’s going on.” Duke says: “One person put it this way: Obama for president paves the way for David Duke as president. This is finally going to make whites begin to realize it’s a necessity to stick up for their own heritage, and that’s going to make them turn to people like me. We’re the next logical step.” Doggett worries that an Obama presidential victory may doom the white supremacist movement, saying: “What you try not to think about is that maybe if Obama wins, it will create a very demoralizing effect. Maybe people see him in office, and it’s like: ‘That’s it. It’s just too late. Look at what’s happened now. We’ve endured all these defeats, and we’ve still got a multicultural society.’ And then there’s just no future for our viewpoint.” (Washington Post 6/22/2008)

A 2003 publicity photo of Monica Crowley.A 2003 publicity photo of Monica Crowley. [Source: 96.9 FM WTKK]Fox News commentator Monica Crowley, guest-hosting conservative radio host Laura Ingraham’s show, tells her audience that Democratic candidate Barack Obama is not African-American, but “Arab African.” Crowley admits that she has done no research to verify her claim, but is quoting conservative blogger Kenneth Lamb, who himself provided no verification to his February 2008 claim. Crowley says: “[A]ccording to this genealogy—and again, because I haven’t done the research, I can’t verify this—but according to this guy Kenneth Lamb, Barack Obama is not black African, he is Arab African.… And yet, this guy is campaigning as black and painting anybody who dares to criticize him as a racist. I mean, that is—it is the biggest con I think I’ve ever seen.” (Lamb has consistently refused to provide the research to back his claim, but has instead challenged critics to do the research themselves—including surreptitiously obtaining samples of Obama’s DNA for testing—and accused the administration of Harvard University of complicity in perpetuating the “sleight of hand.”) (Media Matters 6/26/2008) In September 2008, radio host Rush Limbaugh will repeat the falsehood (see September 22, 2008).

Logo for the Hawaii Department of Health.Logo for the Hawaii Department of Health. [Source: Baby Guard Fence (.com)]PolitiFact, the nonpartisan, political fact-checking organization sponsored by the St. Petersburg Times, publishes a scathing denunciation of so-called “birther” claims that presidential candidate Senator Barack Obama (D-IL) is not a legitimate American citizen. The story has gained traction mostly through Internet blogs and emails circulating among far-right and “tea party” organizations and figures, making wildly varying claims—Obama is a Kenyan, he is a Muslim, his middle name is Mohammed, his birth name is “Barry Soetoro,” and so forth. PolitiFact’s Amy Hollyfield writes: “At full throttle, the accusations are explosive and unrelenting, the writers emboldened by the anonymity and reach of the Internet. And you can’t help but ask: How do you prove something to people who come to the facts believing, out of fear or hatred or maybe just partisanship, that they’re being tricked?” Hollyfield notes that PolitiFact has sought a valid copy of Obama’s birth certificate since the claims began circulating months ago. PolitiFact has already secured a copy of Obama’s 1992 marriage certificate from the Cook County, Illinois, Bureau of Vital Statistics, his driver’s license record from the Illinois secretary of state’s office, his registration and disciplinary record with the Attorney Registration & Disciplinary Commission of the Supreme Court of Illinois, and all of his property records. The records are consistent, all naming him as either “Barack H. Obama” or “Barack Hussein Obama,” his legitimate, given name. PolitiFact ran into trouble with the birth certificate. Obama was born in a hospital in Honolulu, Hawaii, and according to Hawaiian law, that state’s birth certificates are not public record. Only family members can request copies. The Obama presidential campaign originally declined to provide PolitiFact with a copy, until the campaign released a true copy of the certificate (see June 13, 2008). When PolitiFact received the document, researchers emailed it to the Hawaii Department of Health, which maintains such records, to ask if it was real. Spokesman Janice Okubo responded, “It’s a valid Hawaii state birth certificate.” Instead of settling the controversy, the certificate inflamed the so-called “birthers,” who asked a number of questions concerning the certificate, including queries about and challenges to:
bullet the certificate’s seal and registrar’s signature;
bullet the color of the document as compared to other Hawaiian birth certificates;
bullet the date stamp of June 2007, which some say is “bleeding through the back of the document,” supposedly calling into question the validity of the stamp and, thusly, the entire certificate;
bullet the lack of creases from being folded and mailed;
bullet the authenticity of the document, which some claim is “clearly Photoshopped and a wholesale fraud.”
Further investigation by PolitiFact researchers supports the validity of the certificate and disproves the allegations as cited. Hollyfield writes: “And soon enough, after going to every length possible to confirm the birth certificate’s authenticity, you start asking, what is reasonable here? Because if this document is forged, then they all are. If this document is forged, a US senator and his presidential campaign have perpetrated a vast, long-term fraud. They have done it with conspiring officials at the Hawaii Department of Health, the Cook County (Ill.) Bureau of Vital Statistics, the Illinois secretary of state’s office, the Attorney Registration & Disciplinary Commission of the Supreme Court of Illinois, and many other government agencies.” Hollyfield notes that the Hawaii Department of Health receives about a dozen email inquiries a day about Obama’s birth certificate, according to Okubo. She tells Hollyfield: “I guess the big issue that’s being raised is the lack of an embossed seal and a signature.” On a Hawaiian birth certificate, she says, the seal and signatures are on the back of the document. “Because they scanned the front… you wouldn’t see those things.” Hollyfield concludes that it is conceivable “that Obama conspired his way to the precipice of the world’s biggest job, involving a vast network of people and government agencies over decades of lies. Anything’s possible.” But she goes on to ask doubters “to look at the overwhelming evidence to the contrary and your sense of what’s reasonable has to take over. There is not one shred of evidence to disprove PolitiFact’s conclusion that the candidate’s name is Barack Hussein Obama, or to support allegations that the birth certificate he released isn’t authentic. And that’s true no matter how many people cling to some hint of doubt and use the Internet to fuel their innate sense of distrust.” (Hollyfield 6/27/2008)

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