Category Archives: Shrub Watch

So Much For Due Process: Even For U.S. Citizens

Editor Matthew Rothschild – An Outrageous Ruling

On January 8, the U.S. Court of Appeals for the Fourth District placed the imprimatur of legality upon one of the most egregious moves by Bush, Ashcroft, and Rumsfeld: the holding of American citizens as “enemy combatants” in military brigs without charging them with a crime and without giving them access to a lawyer or other standard due process protections…
A lower court judge, Robert Doumar, did not cotton to the Administration’s treatment. “This case appears to be the first in American jurisprudence where an American citizen has been held incommunicado and subjected to an indefinite detention in the continental United States without charges, without any findings by a military tribunal, and without access to a lawyer,” he wrote.
When the government tried to assert a right to keep Hamdi in the brig, the judge asked one of Ashcroft’s lawyers: “So, the Constitution doesn’t apply to Mr. Hamdi?”
Incredibly, the Fourth Circuit basically said it doesn’t. The President has “extraordinary broad authority as Commander in Chief,” the court said, and this “compels courts to assume a deferential posture in reviewing exercises of this authority.”
But the Fifth Amendment states that “no person” shall be “deprived of life, liberty, or property without due process of law.” Throw that one out the window.

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U.N. Wants Up To A Year To Decide On Iraq

Meanwhile, the peace movement and the Pope get a mention in the same breath…
U.N. Experts Want Up to a Year for Iraq Inspections

U.N. arms experts said on Monday they wanted up to a year to complete their inspections in Iraq, even as Washington masses a force in the Gulf that will be ready to wage war within weeks…
The U.N. inspectors’ comments were likely to further fuel an anti-war camp that includes much of the public in Europe and the Middle East, many of their governments, and the Pope, who declared on Monday war would be a “defeat for humanity.”
Top U.N. inspectors Hans Blix and Mohamed ElBaradei go to Baghdad next weekend to demand Iraq account for missing stocks of such items as chemical bombs, nerve gas and missile engines. Iraq says it will answer their questions.
The U.N. experts appeared anxious to slow the timetable of the attack the United States threatens to launch if Iraq’s answers fail to satisfy…
The United States announced new troop deployments over the weekend amid signs most governments in Europe and the Middle East are nervous about war and want all other options explored.
“No to war!” Pope John Paul (news – web sites) said in an address on Monday.
“What are we to say of the threat of a war which could strike Iraq, the land of the Prophets, a people already sorely tried by more than 12 years of embargo?” he said.
Germany, a new Security Council member, is strongly opposed.
A German official was quoted as saying France and Germany must vote together on any new Council resolution on Iraq if they are to realize their goal of a common European foreign policy.

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Shrub Pulls Pickering Back Out Of His…

Bush Wants To Elevate Judge With Suspect Past
By Cynthia Tucker.

After all, President Bush has always claimed to be interested in a racially diverse Republican Party.
But he isn’t serious. If he were, he would not insist on sending U.S. District Judge Charles Pickering, a close associate of Lott’s, to the U.S. Court of Appeals for the 5th Circuit (Texas, Mississippi, Louisiana). Pickering’s political and judicial record on issues of race is troubling, at best.
Early in his career, Pickering established a record of staunch support for segregationist views. But his many friends and supporters — not just Lott, but also well-known activists such as James Charles Evers, brother of slain civil rights leader Medgar Evers — claim he has long since renounced those views and worked to eliminate racial disparities in Mississippi.
That may be true. But Pickering’s recent record still suggests a glaring racial insensitivity — a callousness that ought to give the White House pause. Just one example is Pickering’s handling of a 1994 cross-burning case over which he presided as a federal judge.
Pickering was upset because Daniel Swan, one of three white men convicted, was sentenced to 7 1/2 years under strict federal guidelines. Two co-defendants had received lighter sentences because they pled guilty. (There is nothing unusual about prosecutors offering lesser sentences in exchange for guilty pleas.)
Pickering called prosecutors into his chambers to insist that they reduce the sentence against Swan, calling his actions a “drunken prank.” He threatened to order a new trial if they didn’t comply. (The men not only burned a cross in the yard of an interracial couple, but they also fired shots into the house, which just missed the couple’s baby. I can’t imagine Pickering demanding a lesser sentence for a black man convicted of a similar crime.)
Pickering also called the U.S. Justice Department (news – web sites) to complain about federal sentencing guidelines, even suggesting that U.S. Attorney General Janet Reno (news – web sites) intervene. Eventually, prosecutors caved in and dropped one of the charges against Swan — although he had already been convicted. As a result, Pickering was able to sentence Swan to 27 months.
Not only did Pickering’s handling of the case raise questions of racial insensitivity, but his lobbying on behalf of a convicted criminal was also shamefully unethical.
So were Pickering’s answers to questions about his record during an earlier confirmation process, in 1990. Asked about his relationship with the Mississippi Sovereignty Commission, a staunchly anti-black group formed in the 1950s to resist the civil rights movement, Pickering said: “I never had any contact with the Sovereignty Commission.” But the record shows Pickering was an ally, voting to give the group state funds when he was a Mississippi state senator in the 1970s.

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Latest Shrub Plan Attacks Our Forests For Their Own Good


Bush Sets Rules to Speed Logging in U.S. Forests

By Mike Allen and Eric Pianin for the Washington Post.

President Bush announced plans yesterday to speed up the cutting of trees and brush in national forests by curtailing environmental reviews and judicial oversight, with the aim of reducing wildfires fueled by overgrowth.
Bush acted after both houses of Congress rejected the proposed changes when he asked for them last summer. The new rules will decrease, from 200 pages to perhaps only one page, the amount of environmental impact information needed to approve clear-cutting projects in some areas…
“This plan is nothing more than a payback to the timber industry, allowing it to remove trees far from where people live,” said Amy Mall, a forest specialist at the Natural Resources Defense Council.
The administration proposals will be issued in a final version after a 30-day public comment period, and then will take effect. Bush was able to make the changes without congressional approval by acting under an exemption in administrative regulations for projects that do not have a significant impact on the human environment.
The plan applies to 10 national forests, most of them in mountain and western states, and the administration wants to have it in effect before the next fire season. The new rules will fundamentally change the way federal agencies manage millions of acres of forest, dramatically speeding up thinning and restoration projects by eliminating the need for full environmental impact assessments. The rules will sharply reduce the ability of opponents to delay new projects until a court has ruled, and reviews mandated by the Endangered Species Act will be quicker.
The announcement was the latest example of Bush using executive powers to accomplish aims he could not win in Congress. Last month the administration announced plans to streamline the process of conducting environmental reviews before allowing drilling, logging and other activities in national forests. Yesterday’s announcement offers new fodder to critics who say his changes in environmental policy consistently benefit executives and industries that are major Republican donors.

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More Babblings Of Nonsense From The Shrub

I don’t know if he just forgets to take his meds sometimes or what.

Here’s the Shrub from Monday’s Daily Show
Shrub On Iraq and North Korea (Hi-res 22 MB)
Shrub On Iraq and North Korea (Med-res 17 MB)
Shrub On Iraq and North Korea (Lo-res 10 MB)
We didn’t elect our “President.”
We didn’t elect our “President.”
There, say it a few more times. Don’t you feel better?

Bye-Bye Frist

Ugh. I don’t even know what to say. I knew Frist had to have a skeleton in his closet somewhere, but this is pretty ghastly.
I’m not a Republican. Nevertheless, with the Republicans in the majority, I am very concerned about who will be the leader of the Republican Party in the Senate.
A med student who had a nervous breakdown and started kidnapping and killing cats from the pound to finish his thesis is arguably less than stable enough to lead a political party. What else might he consider necessary for the greater good of something or other when he inevitably cracks under the pressure of office? Forget it.
Come on Shrub. Is this the best you can do? Is the Republican party so morally bankrupt that a cat killer with a god complex is the best leader you can find?
Keep looking.
Daschle, Beware: Young Dr. Frist Sliced Up Cats
by Ron Rosenbaum for the Observer.

Then he (Frist) adds this somewhat contradictory sentence: “Humane societies might object, and I would agree if the issue was the humane treatment of animals. But the issue was human lives.” (Why isn’t it both?)
He tells us of the rewards: “It can even be beautiful and thrilling work, as I discovered that day in the lab when I first saw the wonderful workings of a dog’s heart …. I spent days and nights on end in the lab, taking the hearts out of cats, dissecting each heart, suspending a strip of tiny muscle that attaches the mitral valve to the inner wall of the cat heart and recording the effects of various medicines I added to the bath surrounding the muscle.”
At times, he gives evidence of borderline grandiosity: “I was, for the first time in my life, making original discoveries. No one else in the history of man had ever done exactly what I was doing”-although he concedes in the same paragraph (again, it’s somewhat contradictory) that his project was “really very basic,” not “some grand breakthrough.”
Nonetheless, “[a]s I watched the little strip of muscle beat hour after hour through the night in the basement of the hospital, I felt quite pure, as if I were reaching out and touching some eternal truth of nature.”
But the contemplation of eternal truth was threatened, alas, by something mundane: “I lost my supply of cats. I only had six weeks to complete my project before I resumed my clinical rotations. Desperate, obsessed with my work, I visited the various animal shelters in the Boston suburbs, collecting cats …. ”
“Collecting cats”? What this euphemism elides over is that Mr. Frist apparently posed as someone who wanted to adopt kittens and strays. He asked the shelter people to trust him, he asked the poor shivering creatures in their cages to trust him, and then he “cart[ed] them off to the lab to die.” (Sounds like the way the new majority leader is likely to treat the hapless Democratic minority in the Senate. Indeed, one of the most frequent quotes in my Google search compared the job of Senate Majority Leader to that of “herding cats.”)
And here’s the telling detail I hadn’t seen quoted in any of the stories on the episode: He took them home, “treating them as pets for a few days,” before taking them to the lab to cut them open.
Treated “them as pets for a few days” before “carting them off to the lab to die.” Well, he does say it was “totally schizoid,” but it’s hard to imagine those few days: the way he briefly builds a relationship of trust with the trusting little creatures, gets to know them as pets. Lets them, at last, begin to feel safe and loved after a hard life on the mean streets. (Does he give them names before he kills them?) One tries to conjure up the scenes of domestic closeness between the young Dr. Jekyll and his little charges. And then the day arrives when the cat carrier comes out again, and the furry little creature begins to suspect what’s in store. To those poor felines Frist was a lying “Joe Millionaire.” (I’m told that, for good reason, most medical researchers who work with animals try to maintain a strict separation in their mind between pets they cuddle and lab animals they cut up.)

Yes there are specific laws against this kind of premeditated kidnapping, torture and murder of animals. Yes. If Frist had been found out at the time, he would have undoubtedly been prosecuted under whatever laws were available at the time.

I was only sensitized to the question when I came to know Liz Hecht, the animal-rights activist and former director of Citizens for Alternatives to Animal Labs Inc., which has had some success in getting local New York hospitals to adopt more humane procedures. Ms. Hecht was always justly outraged by reports of the widespread practice of lab-animal “suppliers” who used Frist-like methods to essentially kidnap animals from shelters and private yards and sell them to medical-research facilities.
She referred me to the outreach director for the American Anti-Vivisection Society (www.aavs.org), Crystal Spiegel, who said that three states still have “pound seizure laws,” which actually allow anyone with some sort of research-supply license to show up at a shelter and demand any number of rescued creatures to take to labs for dissection and experiment. A reading of the current Massachusetts animal-welfare law (which passed apparently after Mr. Frist’s own “catnappings”), suggests that what the Senate Majority Leader did back then would be illegal now. And it’s not just an isolated practice even now, alas. Ms. Hecht recommended a sobering book by Judith Reitman called Stolen for Profit: The True Story Behind the Disappearance of Millions of America’s Beloved Pets, which documents the way unscrupulous suppliers of lab animals steal pets from yards and sell them for dissection.

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“In short, I was going a little crazy.”
I don’t know if that implicit invocation of Dr. Jekyll and Mr. Hyde is just a “little crazy” or more deeply disturbing. I searched the Internet hoping to find more details about these cat kidnapping incidents, but most sources had picked up on the quote in the Globe because the Frist book was strangely not just out of print, but virtually nonexistent on major online Web sites like Amazon. (Mr. Frist has a new book out on bioterrorism, but there’s no customary referral to this previous book). The Globe reporter told me that he consulted a used-book specialist who found him a copy, but now they’re not available, even from those specialists. I put out calls to several sources to see if I could find the book, which is called Transplant: A Heart Surgeon’s Account of the Life-and-Death Dramas of the New Medicine. I wanted at least to find the relevant pages on the cat-stealing and see if there were more telling details about this disturbing episode. Meanwhile, I found myself fascinated by several items that turned up on a Google search of “Bill Frist” and “cats.”
One of them was the strange encounter between former cat-killer Frist and the cat-killing Capitol gunman. It happened on July 24, 1998, and was to become the signature moment in the creation of the Frist media legend as heroic surgeon-Senator.
Do you remember that story? Some nut job named “Rusty” Weston-who at one point claimed to be an illegitimate son of J.F.K. and the subject of death threats from Bill Clinton-tried to shoot his way into the Capitol building, fatally injuring two Capitol police officers while being shot badly himself. At the time of the shooting, Bill Frist was presiding over the Senate. He rushed to the scene, worked with the emergency ambulance crews to stabilize the shooting victims, and actually rode in the ambulance with the badly injured shooter. Although Mr. Frist didn’t know at the time who was the shooter and who the victim, he did his best to stabilize Mr. Weston and keep him alive till he got to the hospital.
It would later turn out that before he made his fatal journey to the Capitol, Mr. Weston had methodically shot dead some 14 of his family’s cats. One account of the shooting had the line: “We know a lot more now than we used to about angry boys who kill cats for sport.” It was a reference to studies that seemed to show that many serial killers and other psychopaths showed their first signs of derangement by killing pets and small animals.
The irony was that scene in the ambulance: Although they’d taken different paths in life, one cat-killer was tended to by a person who had cat-killing in his past.
Which suggests the possibility that the cat-killing was a kind of transformative moment in Mr. Frist’s life, a moment in which, Lord Jim-like, he saw something in himself that he wished to turn against, to transcend, and so began devoting his life to reparative deeds.

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A Tiny Win For The Freedom Of Information Act…For Now

Have we finally found a Judge that doesn’t feel for one reason or another that the Bush Administration is above the law?
Court Denies Office of Homeland Security Motion

U.S. District Judge Colleen Kollar-Kotelly last week ruled that the White House office must show it had no independent authority in a ruling denying a motion to dismiss a privacy group’s lawsuit seeking material under the Freedom of Information Act. The ruling was made public on Thursday.
The Washington-based Electronic Privacy Information Center last March requested Office of Homeland Security records on proposals for standardized U.S. driver’s licenses, records associated with a “trusted-flier” program and other proposals concerning biometric technology for identifying individuals.
The Office of Homeland Security sought to have the case against the office and its director Tom Ridge dismissed, arguing that it could not be subjected to the Freedom of Information Act information requests because it was not an agency and that its sole function was to advise and assist the president.
President Bush established a U.S. Department of Homeland Security in November and nominated Ridge to head the new Cabinet-level agency.
Judge Kollar-Kotelly’s ruling granted the Electronic Privacy Information Center’s request to obtain information that would establish the status of the White House Office of Homeland Security.

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