Gay Rights Activist Aravosis: ‘Utah Is a Hate State’

Mormon Temple in Salt Lake City, Utah.

Church Action Prompts Tourist Boycott of Utah
By Brock Vergakis / November 15, 2008

SALT LAKE CITY — Utah’s growing tourism industry and the star-studded Sundance Film Festival are being targeted for a boycott by bloggers, gay rights activists and others seeking to punish the Mormon church for its aggressive promotion of California’s ban on gay marriage.

It could be a heavy price to pay. Tourism brings in $6 billion a year to Utah, with world-class skiing, the spectacular red rock country and the film festival founded by Robert Redford among the state’s popular tourist draws.

“At a fundamental level, the Utah Mormons crossed the line on this one,” said gay rights activist John Aravosis, an influential Washington, D.C-based blogger. “They just took marriage away from 20,000 couples and made their children bastards. You don’t do that and get away with it.”

Salt Lake City is the world headquarters for The Church of Jesus Christ of Latter-day Saints, which counts about 62 percent of Utah residents as members.

The church encouraged its members to work to pass California’s Proposition 8 by volunteering their time and money for the campaign. Thousands of Mormons worked as grassroots volunteers and gave tens of millions of dollars to the campaign.

The ballot measure passed Tuesday [November 5]. It amends the California Constitution to define marriage as a heterosexual act, overriding a state Supreme Court ruling that briefly gave same-sex couples the right to wed.

The backlash against the church – and by extension Utah – has been immediate. Protests erupted outside Mormon temples, Facebook groups formed telling people to boycott Utah and Web sites such as mormonsstoleourrights.com began popping up, calling for an end to the church’s tax-exempt status.

Aravosis is the editor of the popular political blog, americablog.com, which has about 900,000 unique monthly visitors.

He’s calling for skiers to choose any state but Utah and for Hollywood actors and directors to pull out of the Sundance Film Festival. Other bloggers and readers have responded to his call.

“There’s a movement afoot and large donors are involved who are very interested in organizing a campaign, because I do not believe in frivolous boycotts,” said Aravosis, who has helped organize boycotts against Dr. Laura’s television show, Microsoft and Ford over gay rights issues. “The main focus is going to be going after the Utah brand. At this point, honestly, we’re going to destroy the Utah brand. It is a hate state.”

Messages left with a Sundance spokeswoman Thursday and Friday were not immediately returned.

Leigh von der Esch, managing director of the Utah Office of Tourism, said she’s aware that there’s been discussion of a boycott, but her office hadn’t received any calls about it Thursday. State offices are closed Friday.

“We’re respectful of both sides of the equation and realize it’s an emotional issue, but we are here promoting what we think is the best state in the country,” she said.

Jim Key, spokesman for the L.A. Gay & Lesbian Center, said he had heard little about a call to boycott Utah.

“It’s not something that we have called for, but we do think it is important to send a message to the Mormon church,” Key said. “Yesterday we launched … invalidateprop8.org. It’s an initiative designed to overturn Prop 8 and in the process send a message to the Mormon church. For every contribution made, a postcard is sent to the Mormon church president letting him know a donation has been made in his name to overturn it.”

The irony in the attack on Utah’s tourism industry is that it would likely do the most harm in Salt Lake City and Park City – two of the state’s most liberal cities and those with some of the smallest percentages of Mormons in the state.

“Even though Salt Lake City is the location of the headquarters of the LDS church, there are really good people here … in Utah that are sympathetic to our cause,” said Scott McCoy, an openly gay state senator from Salt Lake City. “Rather than a boycott, I would rather have every gay person in the country come to Utah and show the people of Utah what genuine wonderful people and families we have, and to help educate them that we deserve the exact same legal rights and protections they and their families are afforded under the law.”

What kind of economic, religious or political impact, if any, a boycott might have is unclear. The Mormon church has members all over the world and no plans to change its stance on gay marriage. A church spokeswoman did not immediately have a comment on a possible boycott Friday. The church issued a statement following Tuesday’s vote and again on Friday calling for civility in the wake of the results.

“It is disturbing that The Church of Jesus Christ of Latter-day Saints is being singled out for speaking up as part of its democratic right in a free election,” Friday’s statement says, in part.

“Once again, we call on those involved in the debate over same-sex marriage to act in a spirit of mutual respect and civility towards each other. No one on either side of the question should be vilified, harassed or subject to erroneous information.

Bob Malone, CEO and president of the Park City Chamber of Commerce and Visitors Bureau, said he worked in Colorado in the early 1990s when it was targeted for a boycott following a law that prohibited cities from enacting protective legislation for gays and lesbians.

“You know, it had some legs at the very beginning. But it’s one of those things when you don’t know when it starts and when it ends because you really can’t measure it,” he said.

Malone, who serves on the state tourism board, said it is unfair to try to punish certain industries or parts of the state over an issue it had nothing to do with.

“It’s really not a Park City thing, and I don’t see it as a state thing. That was more of a religious issue,” he said. “To sweep people in who really have nothing to do with that issue and have no influence over religious issues – it’s sad that people kind of think that and say, ‘We’re going to bury you.’ It’s sad to hear people talk like that.”

Copyright 2008 The Associated Press.

Source / America On Line

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MEDIA / The Minnesota Recount and the Manufactured ‘Debacle’

Recount (Heaven help us) Florida style.

Sen. Norm Coleman, R-Minn., and Democratic challenger Al Franken. Photo from wdcpix.com, Wikimedia Commons.

The news media’s tendency to compare any recount to the “butterfly ballots and hanging chads” made famous during Florida’s 2000 recount, and to breathlessly report the merest rumor of impropriety, is not merely lazy and absurd and sensationalist. It is also dangerous.

By Jamison Foser / November 14, 2008

With only about 200 votes out of nearly 3 million cast separating Minnesota Sen. Norm Coleman and his Democratic challenger, Al Franken, the race is headed to a recount.

Naturally, conservative radio hosts are working themselves into a lather, baselessly accusing Democrats of trying to “steal” the election. That shouldn’t surprise anyone. But NBC and The New York Times have also pushed the dubious notion that the Minnesota recount has been plagued by chaos and impropriety.

Here’s how Meredith Vieira, co-host of NBC’s Today, began a report on the Minnesota recount: “If you thought the election debacle in Florida could never happen again, wait until you see the situation in Minnesota.”

This is nonsense. The “debacle” in Florida wasn’t that there was a recount; the “debacle” was an absurdly designed ballot that led to thousands of people who meant to vote for Al Gore voting for Pat Buchanan instead. The “debacle” was that thousands of voters were improperly purged from voter rolls. The “debacle” was that the state’s electoral votes were awarded to the candidate for whom fewer voters attempted to cast ballots. None of those factors are present in Minnesota.

The Minnesota Senate race is simply in the midst of a recount. Recounts happen. They aren’t the illegitimate, anything-goes street fights the media pretend they are; they are a part of how elections work, their process written into law and executed every year. They are necessary, for a perfectly obvious reason: They make it more likely that the candidate who receives the most votes takes office. That is an unequivocally good thing.

During that Today segment, reporter Lee Cowan announced that the situation “has some remembering shades of Florida, of butterfly ballots and hanging chads. There are neither of those here.”

What possible reason could there be for bringing up “butterfly ballots and hanging chads,” given that “there are neither of those” present in Minnesota? Whatever the intent, the effect is clear — it creates the impression that the situation in Minnesota is utter chaos, a “debacle” in the making.

Cowan continued: “Still, ballots have suddenly appeared out of nowhere, including some found unsecured in an election worker’s car.”

That appears to be completely false. Election officials have said the ballots did not “suddenly appear[] out of nowhere,” and they were not “unsecured.” The claim about unsecured ballots in a car appears to have originated with Norm Coleman’s lawyer. Cowan did not attribute the car story to anyone or anything, he simply asserted it as fact. Adopting and repeating Coleman’s lawyer’s claims as though they are facts is bad enough. What makes it worse is that the lawyer had already backed off the claim. Two full days before Cowan’s report, the Coleman lawyer had been quoted saying that “we’ve heard enough from the city attorney to let go of this. It does not appear that there was any ballot-tampering, and that was our concern.”

So Cowan offered a sensational and — by his own acknowledgement — wholly irrelevant comparison to the “butterfly ballots and hanging chads” of the 2000 recount. Then he made a false assertion of ballots materializing out of thin air, and of unsecured ballots — an assertion that seems to have been based entirely on the already-retracted claims of a Coleman campaign lawyer.

Vieira concluded the segment by referring to the “mess in Minnesota.” But there is no mess. There is simply a recount — a recount that does not involve butterfly ballots or hanging chads, a recount that, despite the best efforts of Vieira and Cowan to convince us otherwise, has not a thing in common with the “debacle” in Florida. Just a simple recount.

Today’s New York Times similarly promoted the idea of chaos and impropriety in the Minnesota recount — without actually providing any evidence or examples. The Times reported:

If Fritz Knaak has his way, Mr. Franken will never have a shot at solving those problems. A lawyer hired by Mr. Coleman expressly for the recount, Mr. Knaak described himself as “the new gun with the shiny pistol.” Citing suspicion over what he called a series of “shenanigans” that have narrowed Mr. Coleman’s lead, he has requested the official paper tape with the number of ballots and the time stamp printed out by each ballot machine, in every voting precinct.

The Times gave no examples of “shenanigans” or any indication of who is “suspicious” that such “shenanigans” have occurred. Nor did it give any indication that it asked Knaak for examples of either shenanigans or suspicion.

Later in the article, the Times reported:

Mr. Coleman’s campaign manager, Cullen Sheehan, accused the Franken campaign of “a brazen, last minute act of desperation,” by asking Hennepin County, which includes Minneapolis, to reconsider 461 rejected absentee ballots.

Mr. Franken’s lead lawyer, Marc Elias, called such assertions of ballot stuffing “fanciful and bogus.”

But there were no “assertions of ballot stuffing” — none the Times reported, anyway. The Times simply quoted Coleman’s campaign manager saying the Franken campaign’s request to reconsider previously rejected ballots is an indication of “desperation.” That’s quite different from making an allegation of “ballot stuffing.”

Then the Times reported that Minneapolis Star Tribune columnist Katherine Kersten expressed concerns about the ability of Minnesota’s Democratic secretary of state, Mark Ritchie, to act impartially during the recount, without indicating Kersten’s own political leanings. As Media Matters Senior Fellow Eric Boehlert explained, “Kersten is a right-winger who smeared Franken right before Election Day as a ‘slanderer of Christianity.’ “

Next, the Times quoted a “Republican researcher” who is “very, very concerned” about Ritchie. Then it quoted Sean Hannity saying “[f]ishy business” is occurring in Minnesota, where Democrats and elections officials are “up to no good.” To what “[f]ishy business” was Hannity referring? Were his allegations legitimate? The Times did not say.

Finally, the Times quoted the Facebook status of “Noah Rouen, 34,” a Minnesota man on a pheasant hunt who, along with his friends, “could not help but hatch a conspiracy theory.”

If it seems the Times is desperate to find people concerned about the legitimacy of the Minnesota recount — resorting to quoting vague allegations from hard-right partisans like Sean Hannity and Facebook conspiracy theories — maybe that’s because Tim Pawlenty, Minnesota’s Republican governor, says there is “no actual evidence that there’s been any fraud or problems.” (That quote didn’t appear in the Times article; maybe it got cut to make room for the pheasant hunter’s Facebook status.) And as Media Matters noted, the Times did not note that Pawlenty said that the bipartisan state canvassing board Ritchie appointed to oversee the recount was “fair” and that a lawyer for Coleman’s campaign reportedly said that the “state should feel good about who’s on the panel.”

The news media’s tendency to compare any recount to the “butterfly ballots and hanging chads” made famous during Florida’s 2000 recount, and to breathlessly report the merest rumor of impropriety, is not merely lazy and absurd and sensationalist. It is also dangerous. It causes people to be frightened and concerned about all recounts — to be wary of the very concept of recounts. But recounts needn’t be like the “debacle” of 2000; in fact, they rarely are. They are far more frequently the best way to ensure that errors in counting do not result in the candidate who received fewer votes taking office. (Indeed, in 2004, a manual recount in the Washington governor’s race reversed the results of the initial Election Day tabulations and machine recount.) Sensational and baseless reporting like that produced this week by NBC and The New York Times runs the risk of undermining public confidence in an essential part of the democratic process.

[Jamison Foser is Executive Vice President at Media Matters for America.]

Source / Media Matters

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POETRY / Larry Piltz : The Messiah is always coming

Cartoon: Jesus-ufo-nesara / mattstone.blogs.com.

The Messiah is always coming
with a wink and a constant drumming
with a fife and annoying humming
to a world that believes He’ll be slumming
yes the Messiah is always coming

The Messiah is always arriving
with His seatbelt fastened and driving
to root out the dull and conniving
and to chasten the kooks and the thriving
thank God the Messiah’s surviving

The Messiah is stoically faithful
and should be eternally grateful
that His world has been ever so hateful
His believers so doggedly fateful
in keeping His vengeful plate full

The Messiah is always just waiting
for a time that’s a little less grating
and a world less obsessed with its mating
otherwise there’ll be no hesitating
when His robes get their armor plating

The Messiah is always coming
with a wrench to look at the plumbing
to a world that is down with its dumbing
and whose rationalizations are numbing
which is why He must always be coming

The Messiah is coming to face us
and is thinking He might have to mace us
while He sorts out the Wiccans and racists
on a first come first serve basis
as He retrofits our oasis
good thing our Messiah’s in stasis

The Messiah is always coming
to a world that believes He’ll be slumming

Larry Piltz / The Rag Blog
Indian Cove / Austin, Texas
11/15/08

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Spitzer: Changing the Rules to Regulate Markets

Here’s what Juan Cole has to say about this article: “Maybe this is the reason the Bush administration illegally spied on Elliot Spitzer’s bank transfers despite lack of any evidence he was doing anything wrong?”

A not completely unreasonable suggestion, no?

Richard Jehn / The Rag Blog

Department of Justice building, Washington, D.C. Photo: Wikipedia.

How to Ground The Street
By Eliot L. Spitzer / November 16, 2008

The Former ‘Enforcer’ On the Best Way to Keep Financial Markets in Check.

President-elect Barack Obama will soon face the extraordinary task of saving capitalism from its own excesses, much as Franklin D. Roosevelt had to do 76 years ago. Up until this point in the crisis, policymakers have appropriately applied the rules of triage — Band-Aids and tourniquets, then radical surgery — to keep the global financial system alive. Capital infusions, bailouts, mega-mergers, government guarantees of unimaginable proportions — all have been sought and supported by officials and corporate chief executives who had until now opposed any government participation in the marketplace. But put aside for the moment the ideological cartwheel we have seen and look at the big picture: The rules of modern capitalism have been re-written before our eyes.

The new president’s team must soon get to the root causes of the mistakes that have brought us to the economic precipice. Yes, we have all derided the explosion of leverage, the failure to regulate derivatives, the flood of subprime lending that was bound to default and the excesses of CEO compensation. But these are all mere manifestations of three deeper structural problems that require greater attention: misconceptions about what a “free market” really is, a continuing breakdown in corporate governance and an antiquated and incoherent federal financial regulatory framework.

First, we must confront head-on the pervasive misunderstanding of what constitutes a “free market.” For long stretches of the past 30 years, too many Americans fell prey to the ideology that a free market requires nearly complete deregulation of banks and other financial institutions and a government with a hands-off approach to enforcement. “We can regulate ourselves,” the mantra went.

Those of us who raised red flags about this were scoffed at for failing to understand or even believe in “the market.” During my tenure as New York state attorney general, my colleagues and I sought to require investment banking analysts to provide their clients with unbiased recommendations, devoid of undisclosed and structural conflicts. But powerful voices with heavily vested interests accused us of meddling in the market.

When my office, along with the Department of Justice, warned that some of American International Group’s reinsurance transactions were little more than efforts to create the false impression of extra capital on the company’s balance sheet, we were jeered at for attacking one of the nation’s great insurance companies, which surely knew how to balance risk and reward.

And when the attorneys general of all 50 states sought to investigate subprime lending, believing that some lending practices might be toxic, we were blocked by a coalition of the major banks and the Bush administration, which invoked a rarely used statute to preempt the states’ ability to probe. The administration claimed that it had the situation under control and that our inquiry was unnecessary.

Time and again, whether at the state level, in Congress or at the Securities and Exchange Commission under Bill Donaldson, those who tried to enforce the basic principles that would allow the market to survive were told that the “invisible hand” of the market and self-regulation could handle the task alone.

The reality is that unregulated competition drives corporate behavior and risk-taking to unacceptable levels. This is simply one of the ways in which some market participants try to gain a competitive advantage. As one lawyer for a company charged with malfeasance stated in a meeting in my office (amazingly, this was intended as a winning defense): “You’re right about our behavior, but we’re not as bad as our competitors.”

No major market problem has been resolved through self-regulation, because individual competitive behavior doesn’t concern itself with the larger market. Individual actors care only about performing better than the next guy, doing whatever is permitted — or will go undetected. Look at the major bubbles and market crises. Long-Term Capital Management, Enron, the subprime lending scandals: All are classic demonstrations of the bitter reality that greed, not self-discipline, rules where unfettered behavior is allowed.

Those who truly understand economics, as did Adam Smith, do not preach an absence of government participation. A market doesn’t exist in a vacuum. Rather, a market is a product of laws, rules and enforcement. It needs transparency, capital requirements and fidelity to fiduciary duty. The alternative, as we are seeing, is anarchy.

One of the great advantages U.S. capital markets have enjoyed over the decades has been the view — held worldwide — that there was an underlying integrity to the representations market participants made, because the regulatory framework in which they were made was believed to provide genuine oversight. But as we all know, the laws requiring such integrity are meaningless without a government dedicated to enforcing them.

Second, our corporate governance system has failed. We need to reexamine each of the links in its chain. Boards of directors, compensation and audit committees, the trio of facilitators (lawyers, investment bankers and auditors) whose job it is to create the impression of legal compliance, and shareholders themselves — all abdicated their responsibilities.

Institutional shareholders, in particular mutual funds, pension funds and endowments, must reengage in corporate governance. Over the past decade, arguably the sole challenge to corporate mismanagement and poor corporate strategies has come from private-equity firms or activist hedge funds. These firms were among the few shareholders or pools of capital willing to purchase and revamp encrusted corporate machines. So it shouldn’t be surprising that the corporate world has taken a skeptical view of them — especially short-selling hedge funds, which have often been a rare voice raising the alarm.
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Boards of directors were also missing in action over the past decade; not only did they not provide answers, they all too often failed even to ask the appropriate questions. And the roles of compensation committees, of course, must be totally rethought. No longer can Garrison Keillor’s brilliant observation about our kids — that they are all above average — apply to CEOs and propel failed leaders’ paychecks through the roof. Today’s momentary public oversight and outrage over executive compensation, while long overdue, is no substitute over the long term for firm standards set by compensation committees and boards of directors.
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Finally, we need to completely overhaul the federal financial regulatory framework.

Let’s leave aside the ideological hesitancy that has long hamstrung regulatory agencies. Today’s balkanized regulatory framework for financial services no longer matches in any way the needs of a fully integrated global financial system. The divisions of the past — commercial banking vs. investment banking vs. insurance vs. hedge funds vs. private equity — have become distinctions without a difference. But these old boxes and formalities still determine how entities are viewed and regulated. It should surprise nobody that capital found the crevices in the regulatory framework. That is what capital is paid to do. But we failed to respond with a regulatory framework flexible enough to plug the leaks.

We do not need additional fragmented areas of federal regulation to handle hedge funds, sovereign wealth funds or derivatives. We need a unified approach that addresses the underlying issues: what kinds of leverage we wish to tolerate, how to measure risk, how much disclosure various trading products should provide. We cannot survive with the current system: the SEC, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Fed, the Office of Thrift Supervision and on and on. We must go from the Rube Goldberg structure we now have to a sleek iPod design that is cleaner, has better operating software and may even look good.

We began to try to craft such a unified model in New York, as did Treasury Secretary Henry M. Paulson Jr. in Washington last year. But it is urgent that we finish the job. Having flooded the market with cash and seen the government take a chunk of many of our largest financial institutions, we now need to craft the rules that will apply to all market participants.

Three overarching priorities should guide government actions in the new structure. First, we need better control of systemic risk. The currently splintered federal regulatory authority, the continued presence of off-balance-sheet transactions for financial entities (even post-Enron) and the failure to subject major players to any government oversight means that nobody can really understand the full risk facing the financial system.

Second, investors must be protected with adequate, accurate information. Firms must offer transparency both to individual investors and to government regulators.

And third, as Eric R. Dinallo, the superintendent of the New York State Insurance Department, has wisely pointed out, we will have to step back from the current environment in which government has become a guarantor of all major risk. The so-called moral hazard will serve to devalue risk in the market, and this too will have a debilitating long-term effect on capital flows. Only if private actors have to bear the real risks they incur will the market function properly. We are now perilously close to nationalizing risk.

As the rules of modern capitalism are rewritten over the next year, those who benefit from the enormous flow of cash being spread throughout the U.S. economy must be expected to compete within a system of rules that creates a true market — based on sound, skilled regulation, vigorous corporate governance and transparency.

Although mistakes I made in my private life now prevent me from participating in these issues as I have in the past, I very much hope and expect that President Obama and his new administration will have the strength and wisdom to do again what FDR did.

Eliot L. Spitzer was governor of New York from 2007-08 and state attorney general from 1999-2006.

Source / Washington Post

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‘Sessing the Automakers Bailout


Cartoon by Charlie Loving / The Rag Blog

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Zwarich: Eradicating Racism Means Eradicating Poverty and Deprivation

People at Mom’s Place, a homeless shelter in Detroit.
Photo: Ankur Dholakia / The Detroit News.

A Post Racial America?
Are we anywhere NEAR there yet?

By Zwarich / The Rag Blog / November 15, 2008

A very good article from a young Black activist, Austin McCoy, was published this morning and is deservedly being circulated. In this deeply thoughtful article, Mr. McCoy digs deeply into the difficult questions on race that are being posed after this historic election. I don’t think that he digs quite deeply enough, however, to get to the basic roots of human racial animosity.

Human beings have an innate instinct to organize ourselves into groups. Many other higher mammal species, (bears for example, or many species of cats), lack this instinct completely. Among species that have this group instinct, individuals use key clues to recognize members of their group, and they have innate fear and hostility toward individuals of their own species who are not members of their own self-identified groups. Race is one of the most basic ‘keys’ that is used by humans as a basic group identifier.

Much of our struggle, as humans, to be ‘civilized’ is an exercise in trying to rise above our instinctive animal nature. This is certainly the case as regards to racial animosities.

But in this noble quest to become ‘civilized’, we must remember that racial animosity is nearly universal among human societies, and is no more prevalent among any race than among any other. (To suppose otherwise is itself a racist notion).

As we all know as American progressives, (living in a nation that was founded on slavery), racism is often socially institutionalized. But even in societies in which institutional racism has been largely discredited and renounced, (I don’t think we yet deserve to claim to be a ‘post-racial’ society, but the recent election is certainly an historical milestone in that direction), virulent racial identification, competition, and animosity remain widespread among lower economic classes.

It is among these poorest classes where competition for the necessities of survival is most intense. To address their self-perceived best chances to succeed in this competition, individuals use race as the most obvious key identifier of their own meta-groups. They then commonly divide themselves into smaller groups, identified by more refined keys, (such as color of headband one wears, etc). But even in the midst of fierce competition between these smaller groups, they retain their identification with their race, in direct competition with other races, as their meta-group.

The most virulent racism in America exists at the lowest end of the scale. In prisons, it is often impossible to survive at all unless an individual joins the group identified with her or his own race, for protection. Even if one does not personally harbor attitudes of racial animosity, one must take them on in order to enjoy the protection of her or his own ‘kind’.

Racism almost as virulent as in prison is also found among the poorest classes, and it is found more or less equally among and between all races. Poor Hispanics, Blacks, Asians, and Whites, (to mention only some), are victims in equal measure and proportions of the race-based animosity they learn and foment against one another. They perceive themselves as competing directly in the economy for a slice of a pie that is too small for all to receive their fair share.

In upper economic classes, at least within societies in which institutionalized racism has been discredited and largely overcome, better educated individuals are able to overcome their more primitive instincts. It doesn’t matter what race we are talking about. As people, of any race, become better off economically, and especially when they are better educated, they are dramatically less inclined to feel hateful racial animosities toward people of other races. (Again, this is mostly restricted to societies which have advanced to a significant degree beyond institutionalized racism, which we surely must agree that the US has, even recognizing the distance we have yet to cover).

I think that many well-educated white Americans do not see Barack Obama as a Black man at all. They only see him as a man whom they admire. It is my perception that it is more difficult for many African Americans, even well educated African Americans, to understand this, due to the painful legacy they have overcome. Many militant African Americans still bitterly and angrily denounce this as “impossible”. But I don’t think it is at all. I think that many Americans simply see Barack Obama in terms they admire. They do NOT see his race at all. I think that as his presidency progresses, that propensity for seeing completely past race in perceiving our president, (for good or ill), will increase. (We’ll see. There are other directions this could go).

During his campaign, Barack Obama failed almost completely, (by design it seemed), to address the issues of poverty that are the most important determinants of racism in our society. He addressed his concerns almost totally for the middle class, but had almost nothing to say about addressing or alleviating poverty. Many think he did so as a deliberate electoral strategy, to avoid being perceived as a ‘black candidate’. Perhaps…..And let’s hope so.

Let’s hope that this man who solicited our Hope so skillfully does not claim that America has arrived at a post-racial plateau. Let’s hope he has plans to address the virulent pockets of urban poverty, in what was being called just a few years ago, (before they fell off the radar entirely), the ‘permanent underclass’. Let’s hope he has plans to rekindle Hope where Hope itself died long ago, under the spirit-crushing oppression of multi-generational poverty. America will NEVER deliver itself into a ‘post-racial’ epoch so long as millions of our citizens, among our poorest classes, live lives from which Hope has long ago been banished by the soul destroying poverty in which they live.

Anti-racism activists take on a very noble cause, but they often don’t seem to realize that if their goal is to eradicate the human instinct to identify with one’s own racial group when basic economic survival is at stake among poorly educated people, they are very likely pursuing a futile goal. We all wish we could change human nature, but we cannot. Racism is deeply ingrained in human nature, and it is only by removing the factors that bring it to the fore, (poverty), and by augmenting the factors that suppress and overcome it, (general prosperity and education), that racism can be eradicated from human society.

We will never eradicate racism in America, (or anywhere else), until we eradicate the ghettos of poverty and deprivation where it thrives and festers.

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The TSA and Airport Security: A Dismal Failure


The Things He Carried
By Jeffrey Goldberg / November 2008

Airport security in America is a sham—“security theater” designed to make travelers feel better and catch stupid terrorists. Smart ones can get through security with fake boarding passes and all manner of prohibited items—as our correspondent did with ease.

If I were a terrorist, and I’m not, but if I were a terrorist—a frosty, tough-like-Chuck-Norris terrorist, say a C-title jihadist with Hezbollah or, more likely, a donkey-work operative with the Judean People’s Front—I would not do what I did in the bathroom of the Minneapolis–St. Paul International Airport, which was to place myself in front of a sink in open view of the male American flying public and ostentatiously rip up a sheaf of counterfeit boarding passes that had been created for me by a frenetic and acerbic security expert named Bruce Schnei­er. He had made these boarding passes in his sophisticated underground forgery works, which consists of a Sony Vaio laptop and an HP LaserJet printer, in order to prove that the Transportation Security Administration, which is meant to protect American aviation from al-Qaeda, represents an egregious waste of tax dollars, dollars that could otherwise be used to catch terrorists before they arrive at the Minneapolis–St. Paul International Airport, by which time it is, generally speaking, too late.

I could have ripped up these counterfeit boarding passes in the privacy of a toilet stall, but I chose not to, partly because this was the renowned Senator Larry Craig Memorial Wide-Stance Bathroom, and since the commencement of the Global War on Terror this particular bathroom has been patrolled by security officials trying to protect it from gay sex, and partly because I wanted to see whether my fellow passengers would report me to the TSA for acting suspiciously in a public bathroom. No one did, thus thwarting, yet again, my plans to get arrested, or at least be the recipient of a thorough sweating by the FBI, for dubious behavior in a large American airport. Suspicious that the measures put in place after the attacks of September 11 to prevent further such attacks are almost entirely for show—security theater is the term of art—I have for some time now been testing, in modest ways, their effectiveness. Because the TSA’s security regimen seems to be mainly thing-based—most of its 44,500 airport officers are assigned to truffle through carry-on bags for things like guns, bombs, three-ounce tubes of anthrax, Crest toothpaste, nail clippers, Snapple, and so on—I focused my efforts on bringing bad things through security in many different airports, primarily my home airport, Washington’s Reagan National, the one situated approximately 17 feet from the Pentagon, but also in Los Angeles, New York, Miami, Chicago, and at the Wilkes-Barre/Scranton International Airport (which is where I came closest to arousing at least a modest level of suspicion, receiving a symbolic pat-down—all frisks that avoid the sensitive regions are by definition symbolic—and one question about the presence of a Leatherman Multi-Tool in my pocket; said Leatherman was confiscated and is now, I hope, living with the loving family of a TSA employee). And because I have a fair amount of experience reporting on terrorists, and because terrorist groups produce large quantities of branded knickknacks, I’ve amassed an inspiring collection of al-Qaeda T-shirts, Islamic Jihad flags, Hezbollah videotapes, and inflatable Yasir Arafat dolls (really). All these things I’ve carried with me through airports across the country. I’ve also carried, at various times: pocketknives, matches from hotels in Beirut and Peshawar, dust masks, lengths of rope, cigarette lighters, nail clippers, eight-ounce tubes of toothpaste (in my front pocket), bottles of Fiji Water (which is foreign), and, of course, box cutters. I was selected for secondary screening four times—out of dozens of passages through security checkpoints—during this extended experiment. At one screening, I was relieved of a pair of nail clippers; during another, a can of shaving cream.

During one secondary inspection, at O’Hare International Airport in Chicago, I was wearing under my shirt a spectacular, only-in-America device called a “Beerbelly,” a neoprene sling that holds a polyurethane bladder and drinking tube. The Beerbelly, designed originally to sneak alcohol—up to 80 ounces—into football games, can quite obviously be used to sneak up to 80 ounces of liquid through airport security. (The company that manufactures the Beerbelly also makes something called a “Winerack,” a bra that holds up to 25 ounces of booze and is recommended, according to the company’s Web site, for PTA meetings.) My Beerbelly, which fit comfortably over my beer belly, contained two cans’ worth of Bud Light at the time of the inspection. It went undetected. The eight-ounce bottle of water in my carry-on bag, however, was seized by the federal government.

On another occasion, at LaGuardia, in New York, the transportation-security officer in charge of my secondary screening emptied my carry-on bag of nearly everything it contained, including a yellow, three-foot-by-four-foot Hezbollah flag, purchased at a Hezbollah gift shop in south Lebanon. The flag features, as its charming main image, an upraised fist clutching an AK-47 automatic rifle. Atop the rifle is a line of Arabic writing that reads Then surely the party of God are they who will be triumphant. The officer took the flag and spread it out on the inspection table. She finished her inspection, gave me back my flag, and told me I could go. I said, “That’s a Hezbollah flag.” She said, “Uh-huh.” Not “Uh-huh, I’ve been trained to recognize the symbols of anti-American terror groups, but after careful inspection of your physical person, your behavior, and your last name, I’ve come to the conclusion that you are not a Bekaa Valley–trained threat to the United States commercial aviation system,” but “Uh-huh, I’m going on break, why are you talking to me?”

In Minneapolis, I littered my carry-on with many of my prohibited items, and also an Osama bin Laden, Hero of Islam T-shirt, which often gets a rise out of people who see it. This day, however, would feature a different sort of experiment, designed to prove not only that the TSA often cannot find anything on you or in your carry-on, but that it has no actual idea who you are, despite the government’s effort to build a comprehensive “no-fly” list. A no-fly list would be a good idea if it worked; Bruce Schnei­er’s homemade boarding passes were about to prove that it doesn’t. Schnei­er is the TSA’s most relentless, and effective, critic; the TSA director, Kip Hawley, told me he respects Schnei­er’s opinions, though Schnei­er quite clearly makes his life miserable.

“The whole system is designed to catch stupid terrorists,” Schnei­er told me. A smart terrorist, he says, won’t try to bring a knife aboard a plane, as I had been doing; he’ll make his own, in the airplane bathroom. Schnei­er told me the recipe: “Get some steel epoxy glue at a hardware store. It comes in two tubes, one with steel dust and then a hardener. You make the mold by folding a piece of cardboard in two, and then you mix the two tubes together. You can use a metal spoon for the handle. It hardens in 15 minutes.”

As we stood at an airport Starbucks, Schnei­er spread before me a batch of fabricated boarding passes for Northwest Airlines flight 1714, scheduled to depart at 2:20 p.m. and arrive at Reagan National at 5:47 p.m. He had taken the liberty of upgrading us to first class, and had even granted me “Platinum/Elite Plus” status, which was gracious of him. This status would allow us to skip the ranks of hoi-polloi flyers and join the expedited line, which is my preference, because those knotty, teeming security lines are the most dangerous places in airports: terrorists could paralyze U.S. aviation merely by detonating a bomb at any security checkpoint, all of which are, of course, entirely unsecured. (I once asked Michael Chertoff, the secretary of Homeland Security, about this. “We actually ultimately do have a vision of trying to move the security checkpoint away from the gate, deeper into the airport itself, but there’s always going to be some place that people congregate. So if you’re asking me, is there any way to protect against a person taking a bomb into a crowded location and blowing it up, the answer is no.”)

Schnei­er and I walked to the security checkpoint. “Counter­terrorism in the airport is a show designed to make people feel better,” he said. “Only two things have made flying safer: the reinforcement of cockpit doors, and the fact that passengers know now to resist hijackers.” This assumes, of course, that al-Qaeda will target airplanes for hijacking, or target aviation at all. “We defend against what the terrorists did last week,” Schnei­er said. He believes that the country would be just as safe as it is today if airport security were rolled back to pre-9/11 levels. “Spend the rest of your money on intelligence, investigations, and emergency response.”

Schnei­er and I joined the line with our ersatz boarding passes. “Technically we could get arrested for this,” he said, but we judged the risk to be acceptable. We handed our boarding passes and IDs to the security officer, who inspected our driver’s licenses through a loupe, one of those magnifying-glass devices jewelers use for minute examinations of fine detail. This was the moment of maximum peril, not because the boarding passes were flawed, but because the TSA now trains its officers in the science of behavior detection. The SPOT program—“Screening of Passengers by Observation Techniques”—was based in part on the work of a psychologist who believes that involuntary facial-muscle movements, including the most fleeting “micro-expressions,” can betray lying or criminality. The training program for behavior-detection officers is one week long. Our facial muscles did not cooperate with the SPOT program, apparently, because the officer chicken-scratched onto our boarding passes what might have been his signature, or the number 4, or the letter y. We took our shoes off and placed our laptops in bins. Schnei­er took from his bag a 12-ounce container labeled “saline solution.”

The author’s forged boarding pass — complete with Platinum/Elite Plus status and magical TSA-approval squiggle — got him through security.

“It’s allowed,” he said. Medical supplies, such as saline solution for contact-lens cleaning, don’t fall under the TSA’s three-ounce rule.

“What’s allowed?” I asked. “Saline solution, or bottles labeled saline solution?”

“Bottles labeled saline solution. They won’t check what’s in it, trust me.”

They did not check. As we gathered our belongings, Schnei­er held up the bottle and said to the nearest security officer, “This is okay, right?” “Yep,” the officer said. “Just have to put it in the tray.”

“Maybe if you lit it on fire, he’d pay attention,” I said, risking arrest for making a joke at airport security. (Later, Schnei­er would carry two bottles labeled saline solution—24 ounces in total—through security. An officer asked him why he needed two bottles. “Two eyes,” he said. He was allowed to keep the bottles.)

We were in the clear. But what did we prove?

“We proved that the ID triangle is hopeless,” Schneier said.

The ID triangle: before a passenger boards a commercial flight, he interacts with his airline or the government three times—when he purchases his ticket; when he passes through airport security; and finally at the gate, when he presents his boarding pass to an airline agent. It is at the first point of contact, when the ticket is purchased, that a passenger’s name is checked against the government’s no-fly list. It is not checked again, and for this reason, Schnei­er argued, the process is merely another form of security theater.

“The goal is to make sure that this ID triangle represents one person,” he explained. “Here’s how you get around it. Let’s assume you’re a terrorist and you believe your name is on the watch list.” It’s easy for a terrorist to check whether the government has cottoned on to his existence, Schnei­er said; he simply has to submit his name online to the new, privately run CLEAR program, which is meant to fast-pass approved travelers through security. If the terrorist is rejected, then he knows he’s on the watch list.

To slip through the only check against the no-fly list, the terrorist uses a stolen credit card to buy a ticket under a fake name. “Then you print a fake boarding pass with your real name on it and go to the airport. You give your real ID, and the fake boarding pass with your real name on it, to security. They’re checking the documents against each other. They’re not checking your name against the no-fly list—that was done on the airline’s computers. Once you’re through security, you rip up the fake boarding pass, and use the real boarding pass that has the name from the stolen credit card. Then you board the plane, because they’re not checking your name against your ID at boarding.”

What if you don’t know how to steal a credit card?

“Then you’re a stupid terrorist and the government will catch you,” he said.

What if you don’t know how to download a PDF of an actual boarding pass and alter it on a home computer?

“Then you’re a stupid terrorist and the government will catch you.”

I couldn’t believe that what Schneier was saying was true—in the national debate over the no-fly list, it is seldom, if ever, mentioned that the no-fly list doesn’t work. “It’s true,” he said. “The gap blows the whole system out of the water.”

This called for a visit to TSA headquarters. The headquarters is located in Pentagon City, just outside Washington. Kip Hawley, the man who runs the agency, is a bluff, amiable fellow who is capable of making a TSA joke. “Do you want three ounces of water?” he asked me.

I raised the subject of the ID triangle, hoping to get a cogent explanation. This is what Hawley said: “The TDC”—that’s “ticket document checker”—“will make a notation on your ticket and that’s something that will follow you all the way through” to the gate.

“But all they do is write a little squiggly mark on the boarding pass,” I said.

“You think you might be able to forge that?” he asked me.

“My handwriting is terrible, but don’t you think someone can forge it?” I asked.

“Well, uh, maybe. Maybe not,” he said.

Aha! I thought. He’s hiding something from me.

“Are you telling me that I don’t know about something that’s going on?” I asked.

“We’re well aware of the scenario you describe. Bruce has been talking about it for two years,” he said, referring to Schnei­er’s efforts to publicize the gaps in the ID triangle.

“Isn’t it a basic flaw, that you’re checking the no-fly list at the point of purchase, not at the airport?”

He leaned back in his chair.

“What do you do about vulnerabilities?” he asked, rhetorically. “All the time you hear reports and people saying, ‘There’s a vulnerability.’ Well, duh. There are vulnerabilities everywhere, in everything. The question is not ‘Is there a vulnerability?’ It’s ‘What are you doing about it?’”

Well, what are you doing about it?

“There are vulnerabilities where you have limited ways to address it directly. So you have to put other layers around it, other things that will catch them when that vulnerability is breached. This is a universal problem. Somebody will identify a very small thing and drill down and say, ‘I found a vulnerability.’”

In other words, the TSA has no immediate plans to check passengers against the no-fly list at the moment before they board their flight. (Hawley said that boarding passes will eventually be encrypted so the TSA can follow their progress from printer to gate.) Nor does it plan to screen airport employees when they show up for work each day. Pilots—or people dressed as pilots—are screened, as the public knows, but that’s because they enter the airport through the front door. The employees who drive fuel trucks, and make french fries at McDonald’s, and clean airplane bathrooms (to the extent that they’re cleaned anymore) do not pass through magnetometers when they enter the airport, and their possessions are not searched. To me this always seemed to be, well, another “vulnerability.”

“Do you know what you have on the inside of an airport?” Hawley asked me. “You have all the military traveling, you have guns, chemicals, jet fuel. So the idea that we would spend a whole lot of resources putting a perimeter around that, running every worker, 50,000 people, every day, through security—why in the heck would you do that? Because all they have to do is walk through clean and then have someone throw something over a fence.”

I asked about the depth of background screening for airport employees. He said, noncommittally, “It goes reasonably deep.”

So there are, in other words, two classes of people in airports: those whose shoes are inspected for explosives, and those whose aren’t. How, I asked, do you explain that to the public in a way that makes sense?

“Social networks,” he answered. “It’s a very tuned-in workforce. You’re never alone when you’re on or around a plane. ‘What is that guy spending all that time in the cockpit for?’ All airport employees know what normal is.” Hawley did say that TSA employees conduct random ID checks and magnetometer screenings, but he did not say how frequently.

I suppose I’ve seen too many movies, but, really? Social networks? Behavior detection? The TSA budget is almost $7 billion. That money would be better spent on the penetration of al-Qaeda social networks.

As I stood in the bathroom, ripping up boarding passes, waiting for the social network of male bathroom users to report my suspicious behavior, I decided to make myself as nervous as possible. I would try to pass through security with no ID, a fake boarding pass, and an Osama bin Laden T-shirt under my coat. I splashed water on my face to mimic sweat, put on a coat (it was a summer day), hid my driver’s license, and approached security with a bogus boarding pass that Schnei­er had made for me. I told the document checker at security that I had lost my identification but was hoping I would still be able to make my flight. He said I’d have to speak to a supervisor. The supervisor arrived; he looked smart, unfortunately. I was starting to get genuinely nervous, which I hoped would generate incriminating micro-expressions. “I can’t find my driver’s license,” I said. I showed him my fake boarding pass. “I need to get to Washington quickly,” I added. He asked me if I had any other identification. I showed him a credit card with my name on it, a library card, and a health-insurance card. “Nothing else?” he asked.

“No,” I said.

“You should really travel with a second picture ID, you know.”

“Yes, sir,” I said.

“All right, you can go,” he said, pointing me to the X-ray line. “But let this be a lesson for you.”

Jeffrey Goldberg, an Atlantic national correspondent and the author of Prisoners: A Story of Friendship and Terror (2007), blogs at jeffreygoldberg.theatlantic.com.

Source / Atlantic

But, hey, the TSA is right on top of this:

TSA’s Take on the Atlantic Article

Bruce Schneier and others have raised a number of good issues about TSA’s role in aviation security but veer off course when our work is described as ‘security theater.’ Some examples from a recent article in the Atlantic magazine are worth examining and I would put them in three categories as they represent three different layers of security: 1) items carried through checkpoints on the body; 2) watch-lists and boarding passes; and 3) behavior detection. The comments about TSA not hassling the reporter for carrying a Hezbollah flag or AQ T-shirt are more in the entertainment category along with the thought of splashing water on your face to simulate sweating as a demonstration that behavior detection doesn’t work.

Items carried on the person, be they a ‘beer belly’ or concealed objects in very private areas, are why we are buying over 100 whole body imagers in upcoming months and will deploy more over time. In the meantime, we use hand-held devices that detect hydrogen peroxide and other explosives compounds as well as targeted pat-downs that require private screening.

Watch-lists and identity checks are important and effective security measures. We identify dozens of terrorist-related individuals a week and stop No-Flys regularly with our watch-list process. Dozens more people with security concerns are identified through finding altered or forged documents, including boarding passes. Using stolen credit cards and false documents as a way to get around watch-lists makes the point that forcing terrorists to use increasingly risky tactics has its own security value. Boarding pass scanners and encryption are being tested in eight airports now and more will be coming.

Behavior detection works and we have 2,000 trained officers at airports today. They alert us to people who may pose a threat but who may also have items that could elude other layers of physical security.

The bigger point is that there are vulnerabilities everywhere and we use multiple layers of different security measures to protect us all from instances where one vulnerability can be exploited. The standard for TSA is not perfection, but material reduction of risk.

Clever terrorists can use innovative ways to exploit vulnerabilities. But don’t forget that most bombers are not, in fact, clever. Living bomb-makers are usually clever, but the person agreeing to carry it may not be super smart. Even if “all” we do is stop dumb terrorists, we are reducing risk.

Stopping the ‘James Bond’ terrorist is truly a team effort and I whole-heartedly agree that the best way to stop those attacks is with intelligence and law enforcement working together. Anyone who knows would tell you that TSA is, in fact, an intelligence-driven operation, working daily with our colleagues throughout the counter-terrorism community in that common effort.

Kip Hawley (10.21.2008)

Source / TSA: Evolution of Security

For more information, go here.

Thanks to Walter Kraus / The Rag Blog

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Israel: Murdering Palestinians Through Starvation

The Red Cross says the diets of those living in the impoverished Gaza Strip are deteriorating. Photo: AFP/Getty/Mahmud Hams.

Chronic malnutrition in Gaza blamed on Israel
By Donald Macintyre / November 15, 2008

The Israeli blockade of Gaza has led to a steady rise in chronic malnutrition among the 1.5 million people living in the strip, according to a leaked report from the Red Cross.

It chronicles the “devastating” effect of the siege that Israel imposed after Hamas seized control in June 2007 and notes that the dramatic fall in living standards has triggered a shift in diet that will damage the long-term health of those living in Gaza and has led to alarming deficiencies in iron, vitamin A and vitamin D.

The 46-page report from the International Committee of the Red Cross – seen by The Independent – is the most authoritative yet on the impact that Israel’s closure of crossings to commercial goods has had on Gazan families and their diets.

The report says the heavy restrictions on all major sectors of Gaza’s economy, compounded by a cost of living increase of at least 40 per cent, is causing “progressive deterioration in food security for up to 70 per cent of Gaza’s population”. That in turn is forcing people to cut household expenditures down to “survival levels”.

“Chronic malnutrition is on a steadily rising trend and micronutrient deficiencies are of great concern,” it said.

Since last year, the report found, there had been a switch to “low cost/high energy” cereals, sugar and oil, away from higher-cost animal products and fresh fruit and vegetables. Such a shift “increases exposure to micronutrient deficiencies which in turn will affect their health and wellbeing in the long term.”

Israel has often said that it will not allow a humanitarian crisis to develop in Gaza and the report says that the groups surveyed had “accessed their annual nutritional energy needs”. But it warned governments, including Israel’s, that “food insecurity and undernutrition, including micronutrient deficiencies” were occurring in the absence of “overt food shortages”.

A 2001 Food and Agriculture Organisation definition classifies “food security” as when “all people, at all times, have physical, social and economic access to sufficient, safe and nutritious food that meets their dietary needs and food preferences for an active and healthy life.”

The Red Cross report says that “the embargo has had a devastating effect for a large proportion of households who have had to make major changes on the composition of their food basket.” Households were now obtaining 80 per cent of their calories from cereals, sugar and oil. “The actual food basket is considered to be insufficient from a nutritional perspective.” The report paints a bleak picture of an increasingly impoverished and indebted lower-income population. People are selling assets, slashing the quality and quantity of meals, cutting back on clothing and children’s education, scavenging for discarded materials – and even grass for animal fodder – that they can sell and are depending on dwindling loans and handouts from slightly better-off relatives.

In the urban sector, in which about 106,000 employees lost their jobs after the June 2007 shutdown, about 40 per cent are now classified as “very poor”, earning less than 500 shekels (£87) a month to provide for an average household of seven to nine people.

The report quotes a former owner of a small, home-based sewing factory, who said he had laid off his 10 workers in July 2007. “Since then I earn no more than 300 shekels per month by sewing from time to time neighbours’ and relatives’ clothes. I sold my wife’s jewellery and my brother is transferring 250 shekels every month … I do not really know what to say to my children.” Others said they were not able to give their children pocket money.

In agriculture, on which 27 percent of Gaza’s population depends, exports are at a halt and, like fisheries, the sector has seen a 50 per cent fall in incomes since the siege began. Among the two-fifths classified as “very poor”, average per capita spending is down to 50p a day. In the fisheries sector, which has been hit by fuel shortages and narrow, Israeli-imposed fishing limits, “People’s coping mechanisms are very limited and those households that still have jewellery and even non-essential appliances sell them”.

The report says that if the Israeli-imposed embargo is maintained, “economic disintegration will continue and wider segments of the Gaza population will become food insecure”.

Arguing that the removal of restrictions on trade “can reverse the trend of impoverishment”, the Red Cross warns that “the prolongation of the restrictions risks permanently damaging households’ capacity to recover and undermines their ability to attain food security in the long term.”

The detailed Gaza fieldwork for the report was carried out between May and July. An International Monetary Fund report confirmed in late September that the Gaza economy “continued to weaken”.

Mark Regev, the spokesman for Israeli Prime Minister Ehud Olmert, said that, contrary to hopes when Israel pulled out of Gaza, the Gazan people were being “held hostage” to Hamas’s “extremist and nihilist” ideology which was causing undoubted suffering. If Hamas focused resources on the “diet of the people” instead of on “Qassam rockets and violent jihadism” then “this sort of problem would not exist”, he said.

Source / The Independent

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GOP : Whoops! There Goes the Firewall…

Click image to enlarge.

Firewall status: Six GOP senators have lost their places on the wall, falling off just like a bunch of Humpty Dumpties. Three more GOP seats teeter precariously.
By Larry Ray / The Rag Blog / November 14, 2008

This is an update to an earlier article on Senator Orin Hatch’s frenetic September internet email plea for $7.00 donations to “defend the firewall!” Just two months ago, the Vice Chairman of the angst-ridden GOP Senators’ Club was mainly concerned that Al Franken would beat Norm Coleman in Minnesota. Now, Franken and Coleman are barely a couple hundred votes apart. A Statewide vote recount gets underway there shortly. Franken could win. Poor Senator Hatch is still digesting the cold, hard post-Nov. 4th election results which saw him lose a half dozen of his fellow Senators in a massive firewall breach. What’s a Senior Senator to do?

In September Sen. Hatch warned, “Al Franken is the poster-boy for the liberals’ plan to break our firewall in the Senate and to seize total control of our government. Frankly, Al Franken is unfit for office.” Damn, imagine, Al Franken unfit and a poster boy to boot! Al graduated cum laude from Harvard College, is a highly successful author, and a little of his SNL humor in the Senate chambers might be a good idea. Orin should read Franken’s, 1993 book, “I’m Good Enough, I’m Smart Enough, and Doggone It, People Like Me.”

Since the early panicked pleas for money, here’s the firewall’s status: Six GOP senators have lost their places on the wall, falling off just like a bunch of Humpty Dumpties including a long-time Dumptyette, Liddy Dole. Three more GOP seats teeter precariously. Democrats now have 57 Senate seats. Three more wins for a true firewall-smashing majority of 60 votes is very possible.

They are still counting in Alaska in legendary incumbent and convicted felon, Senator Ted Steven’s race. At this writing with some 35,000 ballots left to count, Democratic challenger and Anchorage Mayor, Mark Begich, has the lead. Again, Al Franken has a good shot in Minnesota as the recount gets underway there.

And three’s a charm in Georgia. A December 2nd runoff is scheduled there between GOP incumbent, political hack Saxby Chambliss, and Democratic challenger, Jim Martin, an Atlanta attorney. In 2004, then Georgia Senator, Max Cleland, a triple amputee who was awarded the Silver Star for exceptional bravery in Vietnam was targeted by Chambliss and the GOP slimemeisters in a filthy Rove-style campaign of lies and denigration. The ever lovely Ann Coulter was Chambliss’ cheer leader savaging Cleland with her vapid vitrol. And the Senate Republicans are only worried about firewalls?

Looks like you should have asked for more than $7.00, Senator Hatch. More than money, your private senator’s club needed a dose of humility and a reality check. And that is just what you have just gotten. You might have also considered that your firewall was already being attacked from the inside by the excess weight of Senatorial hubris, greed, negativity and a massive overgrowth of moss in your midst.

[Retired journalist Larry Ray is a Texas native and former Austin television news anchor. He also posts at The iHandbill.]

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A New Model for Managing International Trade and Development , Part IV

Click here for all the posts in the series.

In Development…
…only one road leads to Rome, Part 4

By Sid Eschenbach / The Rag Blog / November 15, 2008

A Proposal for a New Trade and Development Paradigm

The WTO GATT Doha round of trade talks is dead, marking the failure of the current system to create a regulatory structure seen as fair by the nations of the world. Additionally, major industrial economies are in trouble, major and minor democracies are increasingly politically unstable, inequality is growing globally, poor countries are not sharing the benefits of globalization, workers of nearly all countries find their jobs are insecure and threatened, and the continued surplus of labor will continue to place a downward force on income and prosperity levels.

The simple act of facilitating industrial development and requiring all international traded goods to be made by unionized labor will … create a transparent, simple and fair system that will move us day by day closer to that goal, not further away.

In fundamental historical and practical dissonance with these truths is the equally true statement that the road to development and prosperity is known. It is the road discussed above in this essay. It is the road that starts in poverty and ends in industrialized prosperity, historically through the process of protectionism, industrialization, and the organization of labor.

The traditional tools, protection of domestic industry and cheap labor, both currently employed successfully by both China and India, are still available. However, we should be able to do the same, but in an organized, global manner, as the use of those tools are not available to others due to many factors, from pressures applied by the international lending and development community to simple corruption. In synthesis, then, let’s review where ‘there’ is before we set out.

A new model must:

  • Create national economies that grow at rates higher than that of population, and create new, middle class jobs.
  • Guarantee the rights of industrial workers to organize and share in the benefits of higher productivity.
  • Not cost any government in creation or operation more than it is worth.
  • Be easy and simple to negotiate and implement.
  • Be clearly beneficial to the mass of the people in order to increase national socio-political stability.
  • Allow for unilateral implementation if desired.
  • Encourage poor nations to develop a protected sector of increasing returns and innovation.
  • Maintain the existing sectors of increasing returns and innovation in developed nations.
  • Help rich and poor nations alike.
  • Be simple, fair and internationally uniform.

In my opinion, all of these goals can be met by adopting two very simple guidelines, either unilaterally, regionally, or globally:

One: That all nations be encouraged to produce locally the manufactured items that they import, each to the degree that they are able.
Two: That all manufactured goods traded between nations be made by organized labor.

I’d be surprised if you are not now thinking something like…”that’s it?” “These two points are going to take the place of the 10,000 pages of the GATT and resolve problems that very intelligent and highly trained people have been wrestling with for the past 20 years?” Well, let’s stack it up against our ‘new trade paradigm’ wish list and see what happens.

Will it:

  • Create national economies that grow at rates higher than that of population, and create new, middle class jobs?

Yes. By favoring manufacturing over importing, even at the lowest levels of manufacturing this is a win for the local economy. While higher prices may be paid by the consumer, an argument that places price above all other considerations is a policy that would logically bring back child labor or slavery in the name of low prices. As stated above, a development policy is not about cheap prices, but … DEVELOPMENT, and for that there is only one road to Rome.

The ways this might happen are only limited to the imaginations of the parties. The traditional methods of import duties to protect nascent producers should, of course, be available. Beyond that, the international manufacturers could consider other options, such as establishing locally owned and run factories along the lines of the franchised service industry, and receiving long term tax benefits in exchange for long term commitments, etc.

A component of these agreements could be that if the manufacturing was totally national and not being set up to export, local wages could be paid to offset the competitive price advantages of scale enjoyed by massive international players. If the manufacturing system and the good produced was able to find export markets, the original agreement must include the requirement that laborers in export oriented manufacturing facilities must be allowed to organize.

This not only raises the standard of living nationally, but it requires management to become more efficient in order to compete abroad if that is their goal. The counter-intuitive Fordist reality that, within reason, higher wages always produces higher productivity must be remembered. When all are playing by the same rules, this is a step towards being more competitive, not less, as it is a cost borne uniformly.

Again, any time any manufacturer pays higher wages, they MUST become more efficient in order to survive. If they are currently located in a low wage country and it is precisely the low wage that makes them internationally competitive, they will have to become more efficient to keep their markets … which means that they will have achieved the state of increasing returns that must be created in order to begin to build a middle class.

Management should be rewarded for efficiency and innovation, not abuse and exploitation. If they are unable to become more efficient, they will simply go out of business… not a bad idea if the success of your business is built upon worker abuse and underpayment.

If a company cannot compete unless it enjoys a labor cost advantage and thus finds that it is no longer able to compete internationally, it can still manufacture for the unregulated domestic market, as it will enjoy the usual labor cost advantages versus the union made imported products it will be competing against there. Smaller, weaker, or not as efficient companies that do not export would not be affected, and they could continue to provide non-union entry level jobs for under-educated or unskilled workers that are unfortunately plentiful in underdeveloped countries.

Both of these latter labor and economic realities are at the heart of nascent industrial states and the establishment of the vital increasing returns sector, the start of the path that we have revealed as the only route that will lead to economic progress and well-being.

For high income nations, the impact is also positive. As a result of the current neo-liberal trade/development model, the industrial sectors of all of the major industrial powers are being hollowed out as manufacturing is being exported and foreign made goods imported… but again, wages are at the heart of this reality.

Most industrialized nations already have unionized labor in their major industrial enterprises… so this will create no new burden for them. What it will do is make the poor nations raise their wages, thereby lowering the natural tendency of business to move to non-union cheap labor countries in order to survive.

The recent and well-documented ‘hollowing out’ of industry in major nations is not a positive harbinger of things to come, as the loss of industrial capacity is always ultimately negative for the same reasons that the gain of industrial capacity is always ultimately positive.

A developed, unionized nation that adopted the union made import and export trade regime would strengthen its own labor force and manufacturing sector at no additional cost to its export trade…while simultaneously reducing the labor cost differential currently enjoyed by underdeveloped and large labor pool countries. The result of this would be to reduce the cost demands placed by the market on all competitive international business to lower prices in order to gain market share, and thus eliminate the need to get into the endless tariff wars or ‘off-shore’ in order to survive. It would thus protect the companies in both poor and rich nations… as both are under attack.

Will it:

  • Guarantee the rights of industrial workers to organize and share in the benefits of higher productivity?

Yes. This is the core of the proposition, so obviously the new model would do this. However, it must be noted that organized labor, in exchange for a full partnership with capital, would have to make many concessions too. As examples, the right of management to hire and fire without cause and without undue grievance procedures, and management’s ability to demote or promote according to any individual’s ability, capacity and achievement would have to be part of a ‘new union’ mentality. The right to organize cannot become a right to control the entire workers’ agenda, leaving management, as is the case in many instances today, without the necessary flexibility to meet challenges over time.”

Will it:

  • Not cost any government in creation or operation more than it is worth?

Yes. Obviously, the only infrastructure would be some sort of very minor bureaucracy whose job it would be to validate the labor bona fides of any company who wanted to import or export. There would clearly be exceptions due to scale and cottage industry type crafts that would be exempt. Compared to the budget of the World Trade Organization ($164 million in 2007), this would be insignificant and should actually represent a significant savings to current national commercial operating overhead.

Will it:

  • Be easy and simple to negotiate and implement?

Yes. Nothing could be simpler. If you want to export from your country, you simply need to unionize your workforce and demonstrate that fact to the responsible authorities. If you want to import goods from another country, you simply need to verify that their workforce is unionized. These would be certified by an international organization, and the validity of their bona fides easily established.

This is obviously not aimed at a company of 5 workers that manufactures some particular bit that a particular buyer abroad might need. Rather, it is aimed at large scale manufactures that export and import large quantities of manufactured goods, and through their economies of scale combined with cheap labor, suck the air out of national development.

That’s it. No tariff wars, special import or export restrictions, cronyism, back-room legislative deals, special taxes… nothing. The people who talk about ‘free trade’ and then produced the GATT would be shocked at what free trade actually looks like.

Will it:

  • Be clearly beneficial to the mass of the people in order to increase national socio-political stability?

Yes. The current trade and development structure is complex and incomprehensible not just to experts, but most importantly to the man on the street. In country after country, the GATT based trade deals are popularly felt to be done in the interests of the more powerful of the two nations… or is it the poorer… or the richer?

The truth is that it is rare that the man in the street feels its being made in his interests. Where does that resentment go? The feelings of powerlessness, frustration and alienation are major factors that contribute to cultures of violence, crime, substance abuse… and can end with the ultimate loss of governability of entire societies.

Empowering the people is another of those counterintuitive concepts that in fact makes them more governable and less likely to join with the sectors found in all societies that are unproductive and destructive. The politics of a ‘national capitalism’ would be a very heady elixir for any leader to promote, and the real rising standards of living created by a new and growing industrial sector will be easy for all to see.

Will it:

  • Allow for unilateral implementation if desired?

Yes. The beauty of the fix is that it doesn’t depend upon general agreement for implementation. Indeed, because all nations control the terms for the entry and exit of goods across national borders, it is something that national leaders as well as political parties can recognize and relate to, and it is this very nationalistic essence that make it’s unilateral implementation simple to effect and effective in implementation. Politically, it will spur ‘buy national’ ‘support and improve workers’ sentiment, never a bad thing for a growing domestic manufacturing economy.

Will it:

  • Encourage poor nations to develop a protected sector of increasing returns and innovation?

Yes, and this is essential. As we have seen, the creation and growth of an industrial, increasing returns sector is the fundamental and essential first step to affluence. Any trade and development policy that does not resolve this problem in poor countries as a function of its operation fails the most important test.

Poor countries have the same basic needs as rich, and so there is always a market for manufactured goods. Because the people are poor, the products that they buy will be the cheapest expression of whatever necessary product they need, be it a hammer, a chair, a radio or a car. These cheapest products are generally made by multi-national corporations in the countries that have the lowest wages.

If a poor country adopts the policy that it will manufacture the goods it’s able to manufacture, and will not import products that are not union made, it will exclude the very products whose cost precludes the establishment of a local manufacturing business that would make the same item. When a small manufacturing business is established to sell the needed local product at a price the locals can afford, they will not be subject to the unionization requirement because they are a non-exporting entity, and so will be able to ‘abuse the poverty’ of its own people in order to establish the industry.

This is unfortunate, but is the only way it can be done. It is the way it was done in every single modern industrialized nation, and there is no way around it. The first step isn’t pretty, but without it, there is no second, third or fourth.

Will it:

  • Maintain the existing sectors of increasing returns and innovation in developed nations?

Yes. This is also an essential component of any successful trade and development policy, and also one where the WTO GATT model was failing miserably. Organizing labor in the poor nations would move towards an equalization of labor costs that would relieve much of the fundamental labor cost pressures placed upon multi-nationals as they struggle to survive.

It would also slow if not stop the hollowing out of the developed nations manufacturing sectors, a very delicate and sensitive political issue all developed nations are currently struggling with. The recent collapse of the global financial sector shows that there is, other than a few small and specific niche areas (Las Vegas, Lichtenstein, and Monte Carlo come to mind), no other nationally viable ‘new economy’ model based primarily upon service and financial sectors out there that allows large nations to maintain and continue to generate wealth while reducing or eliminating their manufacturing sectors.

As important as it is to raise the standard of living of the poor, it is just as important not to impoverish the relatively rich in the process. Another benefit of the new paradigm would be the general strengthening of the developed countries already unionized industrial labor pool, as any producer who exports would have to unionize.

While this idea of unionizing labor and protecting national markets sends modern economists and free-market theorists into a near epileptic state, we should remind ourselves of a simple historic fact: the greatest, broadest, wealthiest and most enduring economic success in the history of man was created in the U.S. during a period of high unionization of the labor force. At some point, this fact must be dealt with by those who theorize mightily against the beneficial impact of unions upon a society… while they watch the wealth of a nation diminish as the union roles shrink.

Will it:

  • Help rich and poor nations alike?

Yes, for all the reasons addressed above.

Will it:

  • Be simple, fair and internationally uniform?

Yes. Business is best understood as a tool, and like any tool it is only as ‘good’ or ‘bad’ as the ethics and abilities of its managers. Business will take advantage of any opportunity presented to it because it must… but it doesn’t need them to survive. For that reason, many confuse the use of cheap labor in undeveloped nations by multi-national companies with the assertion of necessity of the same… which is not only unfair, but a big mistake. While it will of course take advantage of any advantage available, it doesn’t require them.

What business does need is clarity. What business does need is a level playing field. To the degree that these two elements can be delivered in a simple and enforceable fashion, more is the virtue. Therefore, if all companies, big and small who import and export must pay more for labor and are excluded from the same markets for the same reasons, there will be no objection that cannot be overcome as long as it is uniform.

Will this policy raise prices generally and globally? Of course. However, as I stated at the beginning of this essay, a trade and development policy that uses unit cost as its paramount goal is a failure by any standard but its own. There are many very expensive countries and entire regions where food, shelter and clothing all cost significantly more than other places… and contrary to those who kneel at the alter of cheap goods, these areas, the expensive areas where the consumer pays more for everything… are the BEST places to live, not the worst.

In terms of generalized higher prices, business used to pay $5 a barrel for oil and the consumer .45 cents a gallon. Today it pays over $100 and the consumer $4… but it doesn’t matter. As long as it is uniform, as long as they all pay roughly the same, the business landscape adapts to the changes, either by passing the increase through to the consumer if successful, or going out of business if not.

In any event, rising and falling prices are existential features of the modern capitalist world, and it is impossible to argue that a general rise in labor costs will not simply be integrated as any other price change would be.

Conclusion

The WTO GATT model of trade and development has failed, and in the shadow of this failure President-Elect Obama is struggling to find a way to prime the pump and restart the machinery that generated well-being… but so far there is no sign that either he or his economic advisors recognize the immutability of developmental history.

The traditional Keynesian policy of spending money created by fiat cannot begin to do the job of wealth creation that only middle class workers of industry can do, and for that reason Obama must address an entirely new industrial trade and labor policy… or fail. Keynesian spending can only hope to prime an economic pump… but that implies that there in fact IS a pump to prime, and that that pump is properly identified, nurtured and protected. If there is no economic pump to prime, then vehicles such as infrastructure spending or tax rebates will simply be good money after bad.

Free trade has created a world in which the citizens in both rich and poor countries see their jobs become less secure, their options going forward shrink, and the inequality of income expand. With those results, it should be no surprise that it failed.

No system can deliver what it is not designed to deliver, and the WTO GATT model failed to bring rising standards of living to the majority of the people on the planet quite simply because, in spite of the grandiose claims of its proponents, creating global well-being was not it’s goal.

Not unlike virtually any kind of undirected but well-represented legislation, what it became was the formalization of ten thousand deals made for ten thousand problems… trade-offs between your agriculture and mine, between my manufacturers and yours, tax breaks for one and quotas for another.

It was not designed to answer any questions about well-being, political stability, or social dignity and pride. Indeed, its goal was quite simply the opposite; to provide statutory protection for historical privileges, to provide a forum for the influential and powerful to attempt to maintain the status quo. As such, it was born of a concept of trade as commercial war, not as a vehicle to generate societal well-being. That became just an occasional and coincidental byproduct.

It evolved out of a time that saw growth as a zero sum game… the idea that ‘your gain is my loss’ … and as we’ve seen, in the modern industrial world, this is simply not the case. Repeatedly, the creation of new products through innovation has provided massive growth in sectors that compete with no existing technology and cause no ones loss.

For all of these reasons, the path that the recently developed nations have taken is different. They continued the historic practice of protecting their own markets and nascent industries, but at the same time let the multi-nationals into their countries on a cheap labor export only basis…. and as Malaysia, Singapore, Taiwan, Korea, and more recently China and India are proving, this is a much more successful plan than the neo-liberal ideas as represented by the ‘Washington Consensus’.

It would be a very simple project to expand this idea to the rest of the world, but in order for that to happen the ‘free-trade’ tide must be rolled back both ideologically and practically, a task greatly if tragically aided by its spectacular recent failures. If this strategy, the creation and protection of national industries feeding off the cutting edge technologies and finance of the multi-nationals could be combined with a progressive Fordist labor policy, the results would, in my opinion, be hugely beneficial to all three parties to this socio-economic-political problem: the people, the nations, and the businesses.

The past 200 years, and particularly the past 50, give us many regional examples of a simple principle: that we can, in fact, all live well at the same time. There is no fundamental political or economic rule which requires an oppressor and an oppressed, a rich and a poor. WE CAN ALL LIVE WELL SIMULTANEOUSLY. Therefore, a new trade and development model must be designed to deliver just that: well-being to all… and that is the great challenge of this new presidency.

The simple act of facilitating industrial development and requiring all international traded goods to be made by unionized labor will, in my opinion, create a transparent, simple and fair system that will move us day by day closer to that goal, not further away.

Sidney Eschenbach, 60, lives and works in Guatemala, Central America. His thoughts regarding developmental economics and trade are based on decades of development work in Latin America at various levels, community and corporate.

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Blackwater Scandal Redux : Smuggling Prohibited Weapons in Dog Food Sacks


Blackwater insider: Company executives made the decision to smuggle the weapons and silencers in the dog food ‘because it’s a war over there and our guys need them.’
By Brian Ross and Jason Ryan / November 14, 2008

Also see ‘Indictment drafted in Blackwater shooting’ by Lara Jakes Jordan and Matt Apuzzo, Below.

A federal grand jury in North Carolina is investigating allegations the controversial private security firm Blackwater illegally shipped assault weapons and silencers to Iraq, hidden in large sacks of dog food, ABCNews.com has learned.

Under State Department rules, Blackwater is prohibited from using certain assault weapons and silencers in Iraq because they are considered “offensive” weapons inappropriate for Blackwater’s role as a private security firm protecting US diplomatic missions.

“The only reason you need a silencer is if you want to assassinate someone,” said former CIA intelligence officer John Kiriakou, an ABC News consultant.

Six Blackwater employees are under investigation by another federal grand jury, in Washington, D.C., in connection with the shooting deaths of at least 17 civilians in September, 2007 at a Baghdad traffic circle. Prosecutors are expected to return indictments in the next few weeks, according to people familiar with the case.

The investigation of the alleged dog food smuggling scheme began last year after two Blackwater employees were caught trying to sell stolen weapons in North Carolina. The two, Kenneth Cashwell and William “Max” Grumiaux pleaded guilty in February and became government witnesses, according to court documents.

Two other former employees tell ABCNews.com they also witnessed the dog food smuggling operation. They say the weapons were actually hidden inside large sacks of dog food, packaged at company headquarters in North Carolina and sent to Iraq for the company’s 20 bomb-sniffing dogs.

Larger items, including M-4 assault weapons, were secreted on shipping pallets surrounded by stacks of dog food bags, the former employees said. The entire pallet would be wrapped in cellophane shrink wrap, the former employees said, making it less likely US Customs inspectors would look too closely.

Last year, a US Department of Commerce inspector at JFK airport in New York discovered an unlicensed two-way radio hidden in a dog food sack being shipped by Blackwater to Iraq, according to people familiar with the incident.

A Blackwater spokesperson, Anne Tyrrell, said certain arms shipmens were sent to Iraq surrounded by dog food “to secure them on the airplane and not to smuggle them.” Tyrrell said she could not comment on specifics because of “the ongoing investigation” but she denied the company had done anything wrong.

In addition to the grand jury investigation, Blackwater sources say the company is facing a multi-million dollar fine for some 900 instances in which it violated State Department licensing requirements for the export of certain weapons.

Of the 900 cases, about 100 of them have been referred to the Department of Justice for possible criminal prosecution, according to lawyers briefed on the case.

Last month, Blackwater hired a team of former federal law enforcement officials and defense experts that it said would review the company’s compliance with export laws.

Andrew Howell, Blackwater’s general counsel, said, “Ongoing reviews by the Department of Justice, State and Commerce have highlighted the need for a significant and systems-wide initiative.”

Another former Blackwater insider who talked with ABCNews.com said company executives made the decision to smuggle the weapons and silencers in the dog food “because it’s a war over there and our guys need them.”

Despite four separate federal grand jury investigations of its operations, Blackwater’s contract to provide security services for the US State Department was renewed earlier this year. The contract pays Blackwater $250 million a year and runs for five years.

Source / ABC News

Indictment drafted in Blackwater shooting
By Lara Jakes Jordan and Matt Apuzzo / November 14, 2008

WASHINGTON — Federal prosecutors have drafted an indictment against six Blackwater Worldwide security guards in last year’s deadly Baghdad shootings of 17 Iraqi civilians, The Associated Press has learned.

The draft is being reviewed by senior Justice Department officials but no charging decisions have been made. A decision is not expected until at least later this month, people close to the case said.

Also still undecided is whether the Justice Department would charge the guards with manslaughter or assault, according to the people, all of whom spoke on condition of anonymity because they were not authorized to speak publicly about the case.

It’s possible that prosecutors ultimately will seek charges against as few as three of the guards, whose identities are still secret. Depending on the charges, an indictment would carry maximum sentences of five to 20 years.

An indictment would send the message that the Justice Department believes U.S. contractors do not operate with legal impunity in war zones. It’s an untested legal theory, since the law is murky on whether contractors could be charged in U.S. courts, or anywhere, for crimes committed overseas.

The indictment against the Blackwater guards would be filed in U.S. District Court in Washington, even though the shootings occurred 6,200 miles away.

Blackwater guards opened fire in a busy intersection Sept. 16, 2007, in what witnesses said was an unprovoked attack. Young children were among the 17 civilians killed. The shootings outraged Iraqis and embarrassed the United States, further straining relations between the two nations.

Blackwater is adamant that its guards, who protect U.S. diplomats, were ambushed by insurgents in Baghdad’s Nisoor Square.

Based in Moyock, N.C., Blackwater itself is not a target of the investigation. The company has pledged to cooperate with the investigation and said it wants to decrease its reliance on the security business.

On Friday, Blackwater spokeswoman Anne Tyrrell said “it would be inappropriate to comment” on the draft indictment.

She added: “Based on the information available to us, however, we do not believe criminal violations occurred. If it is determined that an individual acted improperly, Blackwater would support holding that person accountable.”

Blackwater has been at the forefront of the debate over the use of contractors in war zones.

Capitol Hill lawmakers have described Blackwater guards as mercenaries. Human rights groups have sued the company. And Iraq’s government is pushing for more authority to prosecute U.S. contractors in its own courts.

Among the issues under discussion at the Justice Department is whether prosecutors have authority to bring the case. The largest security contractor in Iraq, Blackwater operates in a legal gray area. Its guards are immune from prosecution in Iraqi courts and U.S. law does not normally apply to crimes committed overseas.

To prosecute, authorities must argue that the guards can be charged under a law meant to cover soldiers and military contractors. Since Blackwater works for the State Department, not the military, it’s unclear whether that law applies to its guards.

It would be the first such case of its kind. The Justice Department recently lost a similar case against former Marine Jose Luis Nazario Jr., who was charged in Riverside, Calif., with killing four unarmed Iraqi detainees. Jurors questioned whether such cases should even be brought in civilian courts.

“I don’t think we had any business doing that,” juror Nicole Peters said at the time. She wiped away tears after the August verdict and later hugged the defendant. “I thought it was unfair to us and to him.”

Prosecutors will also face challenges over the evidence. Before the FBI began investigating the shooting, the State Department granted limited immunity to Blackwater guards who talked to investigators. The Justice Department will need to prove that its case was not influenced by any evidence gathered under that immunity deal.

Attorneys for six Blackwater guards made those arguments and more at a September meeting with top Justice Department officials. The lawyers urged prosecutors not to indict.

A decision before January about whether to indict the guards would mean that President-elect Barack Obama’s incoming Justice Department team would not inherit the politically sensitive choice. But the legal hurdles will remain in a case that could drag on for a year or longer.

In December 2007, several months after the shootings, the Pentagon and the State Department agreed to give the military in Iraq more control over Blackwater and other private security contractors. Five months later, in April, the State Department renewed its multimillion-dollar contract with Blackwater for the third year of its five-year life.

Blackwater has been paid nearly $1.25 billion in federal business since 2000.

Source / AP / Google News

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The Misrepresentations About the War in Georgia

Photo: Time.

Why did the West ignore the truth about the war in Georgia?
By Mary Dejevsky / November 12, 2008

The US and UK left the impression that Russia was the guilty party

Thank goodness, they might be thinking at the US State Department and the British Foreign Office, for the financial crisis. Were it not for the ever-blacker news about the Western world’s economy, another scandal would be vying for the headlines – and one where the blame would be easier to apportion. It concerns our two countries’ relations with Russia and the truth about this summer’s Georgia-Russia war.

Over the past couple of weeks, a spate of reports has appeared in the American and British media, questioning many assumptions about that war, chief among them that Russia was the guilty party. Journalists from the BBC, The New York Times and Canada’s Embassy magazine, among others, travelled to South Ossetia, the region at the centre of the conflict, in an effort to establish the facts.

Not the “facts” as told by the super-slick Georgian PR machine at the time, nor the “facts” as eventually dragged from the hyper-defensive and clod-hopping communicators of the Kremlin. But the facts as experienced on the ground by those who were there: civilians, the local military commander, and the small number of unarmed monitors stationed in the region by the Organisation for Security and Cooperation in Europe.

The journalists travelled to the region separately and by different routes. They spoke to different people. But their findings are consistent: Georgia launched an indiscriminate military assault on South Ossetia’s main town, Tskhinvali. The hospital was among the buildings attacked; doctors were injured even as they operated.

The timing of the Georgian attack, as of the arrival of the first Russian reinforcements two days later, coincides for the most part with the original Russian version. It was only then that the Russians crossed into Georgia proper in the invasion of sovereign territory that has been universally decried. For the record, it should be added that Russia has now withdrawn from uncontested Georgian territory, in accordance with the agreement mediated by President Sarkozy.

Now you could argue – and the State Department and the Foreign Office have done pretty much from the start – that it really does not matter who started the war; there had long been provocations on both sides and the priority was bringing hostilities to an end. You could also argue – more plausibly – that while Russia might have had a case at the start, it put itself in the wrong by applying excessive force and then recognising South Ossetia and Abkhazia as independent.

But surely it does matter, crucially, how this conflict began. It matters legally and morally. And it is bound, rightly so, to affect how we view the two countries concerned. Yet the general fuzziness of official US and British accounts left the impression that Russia was the guilty party, and Georgia a brave little democracy that big bad Russia wanted to snuff out. Not only did this version gain almost instantaneous acceptance, but it was almost impossible for Russia to contest, confirming as it did every existing negative stereotype.

What has now transpired, however, is that the US and Britain had no excuse for not knowing how the war began. They were briefed by the OSCE monitors at a very early stage, and those monitors included two highly experienced former British Army officers.

So why were British and US officials so cagey about acknowledging, or perhaps even believing, what had really happened? Why did the Conservative leader, David Cameron, rush to Tbilisi to support Georgia as the unquestioned victim? And why – except to trump Mr Cameron – did the Foreign Secretary, David Miliband, give a tub-thumping speech in Kiev shortly afterwards that perpetuated the impression (without actually using the words) that the war was all about Moscow’s supposed ambition to reconstitute its empire?

Was it ignorance? Or was it rather ideological blindness? Did they choose not to acknowledge the unreliability of their Georgian protégé, lest it discredit their whole project for spreading democracy and recruiting allies among former Soviet republics? It is only now, three months on, that either Mr Miliband or US officials have brought themselves to describe Georgia’s action as “reckless”.

Actions, though, tell another story. Earlier this week, Britain quietly lifted its objections to the start of EU talks on a new partnership treaty with Russia – talks that it, almost alone, had held up in sympathy with Georgia. So the latest bout of official harrumphing against Russia would seem to be over. Ill-feeling in Moscow, though, will persist, until someone in London or Washington concedes how badly they got the Russia-Georgia war wrong.

Source / The Independent

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