Opposing Bushy: May 2005

Tuesday, May 24, 2005

police state

Capitol Hill Blue: Police State

Police State
By DAN K. THOMASSON
May 24, 2005, 07:12
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Some really scary things are happening around here these days.
Congress has become a place of great incivility and rancor, which threaten to undermine any hope of legislative remedy to a myriad of problems, from Social Security to soaring health-care costs to immigration to a steadily crumbling manufacturing base once the envy of the world.

But perhaps the most frightening prospect for Americans is an unfettered national police force with the sole discretion to determine who can be investigated as a potential terrorist. That's the impact of little-known proposals to greatly expand the powers of the FBI, permitting its agents to seize business records without a warrant and to track the mail of those in terrorist inquiries without regard to Postal Service concerns.

Because the government can label almost any group or individual a terrorist threat, the potential for abuse by not having to show probable cause is enormous, prompting civil libertarians to correctly speculate about who will guard against the guardians. Up until now the answer was the Constitution as interpreted by the judiciary. But it is clear that sidestepping any such restriction is the real and present danger of the post-9-11 era.

A wise man, the late Sen. John Williams of Delaware, once counseled that any proposed legislation should be regarded in the light of its worst potential consequence, particularly when it came to laws that enhance the investigative and prosecutorial powers of the government at the expense of civil rights. This is most likely to occur in times of national stress, when the Constitution is always vulnerable to assault _ i.e., the internment of Japanese-Americans during World War II. The scenario Williams warned about runs something like this.

You are innocently standing on a street corner waiting to cross when you are approached by a complete stranger who politely, but in a low voice, asks directions to a certain address or area. You, of course, are utterly unaware that the person is under surveillance in a terrorist investigation. You respond in a friendly manner. And although the exchange takes only a few seconds, it is enough to make those following the suspect curious about you. You are identified and a background check reveals that you or your spouse has a relative of Middle Eastern extraction or that you recently traveled to a Middle Eastern country or that you contributed to a charity bazaar sponsored by a church or group under suspicion of passing money through to a terrorist cause.

Suddenly, you are caught in a major inquiry, your personal business records are seized and your mail is tracked. It doesn't take long for your friends and neighbors to learn that you are being investigated, and the result of that is predictable. You and your family are shunned. Your business begins to dwindle and before the nightmare has ended, which can take months, your life is in shambles. The truth never catches up with the fiction and the bureau, which has difficulty in saying the word "sorry," leaves you high and dry, twisting slowly in the wind.

Think it can't happen that way? Well, it does all the time. Ask the lawyer in Oregon whom the FBI misidentified as having taken part in the terrorist bombing of the Spanish railway. Ask any number of persons since Sept. 11, 2001, arrested and detained for months without charges or counsel before they were released.

If that isn't enough to satisfy you about the inadvisability of these proposals, think back to the Cold War days when the most casual acquaintance with a group or person on J. Edgar Hoover's anti-communist watch list could land one in water hot enough to make life miserable for a long time _ maybe even put him or her on one of the infamous blacklists.

If you weren't around in those times, read about them. One thing you will learn quickly is that the sole determination of who or what had communist inclinations belonged to the FBI. Even then, however, Congress was smart enough not to rescind the checks and balances that protect our civil liberties. Federal law-enforcement officers outside the FBI have complained of late about the bureau's penchant for seizing jurisdiction over almost any crime by relating it to terrorism.

Both of these over-reactive proposals are as fearsome as the threat of another al Qaeda attack, for they accomplish the same thing: the intrusion on and disruption of the rights of Americans. Like portions of the Patriot Act, which are rightly being challenged by conservatives as well as liberals, they are medicine worse than the cancer.

Saturday, May 21, 2005

Lemme Get this Straight- Scientists say the South Korean stem cell research will help folks and Bush condemns it?



OK..JUST WANTED TO BE CLEAR ON THAT...SCIENCE IS "BAD...BAD"...ACCORDING TO THAT ASS CLOWN BUSHY....AND IF IT HELPS PEOPLE...HE MUST CONDEMN IT. OK...I JUST WANTED TO GET ALL THIS STRAIGHT FOR THE RECORD.

BILL MOYERS SPEAKS OUT

Moyers Addresses PBS Coup

By Bill Moyers, AlterNet. Posted May 17, 2005.


In this highly anticipated speech the veteran public broadcaster takes on the PBS coup and its right-wing engineers who are 'squealing like a stuck pig.'

I can't imagine better company on this beautiful Sunday morning in St. Louis. You're church for me today, and there's no congregation in the country where I would be more likely to find more kindred souls than are gathered here.

There are so many different vocations and callings in this room -- so many different interests and aspirations of people who want to reform the media -- that only a presiding bishop like Bob McChesney with his great ecumenical heart could bring us together for a weekend like this.

What joins us all under Bob's embracing welcome is our commitment to public media. Pat Aufderheide got it right, I think, in the recent issue of In These Times when she wrote: "This is a moment when public media outlets can make a powerful case for themselves. Public radio, public TV, cable access, public DBS channels, media arts centers, youth media projects, nonprofit Internet news services ... low-power radio and webcasting are all part of a nearly invisible feature of today's media map: the public media sector. They exist not to make a profit, not to push an ideology, not to serve customers, but to create a public -- a group of people who can talk productively with those who don't share their views, and defend the interests of the people who have to live with the consequences of corporate and governmental power."

She gives examples of the possibilities. "Look at what happened," she said, "when thousands of people who watched Stanley Nelson's The Murder of Emmett Till on their public television channels joined a postcard campaign that re-opened the murder case after more than half a century. Look at NPR's courageous coverage of the Iraq war, an expensive endeavor that wins no points from this administration. Look at Chicago Access Network's Community Forum, where nonprofits throughout the region can showcase their issues and find volunteers."

The public media, she argues, for all our flaws, are a very important resource in a noisy and polluted information environment.

You can also take wings reading Jason Miller's May 4 article on Z Net about the mainstream media. While it is true that much of the mainstream media is corrupted by the influence of government and corporate interests, Miller writes, there are still men and women in the mainstream who practice a high degree of journalistic integrity and who do challenge us with their stories and analysis.

But the real hope "lies within the internet with its 2 billion or more Web sites providing a wealth of information drawn from almost unlimited resources that span the globe. ... If knowledge is power, one's capacity to increase that power increases exponentially through navigation of the Internet for news and information."

Surely this is one issue that unites us as we leave here today. The fight to preserve the web from corporate gatekeepers joins media, reformers, producers and educators -- and it's a fight that has only just begun.

I want to tell you about another fight we're in today. The story I've come to share with you goes to the core of our belief that the quality of democracy and the quality of journalism are deeply entwined. I can tell this story because I've been living it. It's been in the news this week, including reports of more attacks on a single journalist -- yours truly -- by the right-wing media and their allies at the Corporation for Public Broadcasting.

As some of you know, CPB was established almost 40 years ago to set broad policy for public broadcasting and to be a firewall between political influence and program content. What some on this board are now doing today -- led by its chairman, Kenneth Tomlinson -- is too important, too disturbing and yes, even too dangerous for a gathering like this not to address.

We're seeing unfold a contemporary example of the age-old ambition of power and ideology to squelch and punish journalists who tell the stories that make princes and priests uncomfortable.

Let me assure you that I take in stride attacks by the radical right-wingers who have not given up demonizing me although I retired over six months ago. They've been after me for years now, and I suspect they will be stomping on my grave to make sure I don't come back from the dead.

I should remind them, however, that one of our boys pulled it off some 2,000 years ago -- after the Pharisees, Sadducees and Caesar's surrogates thought they had shut him up for good. Of course I won't be expecting that kind of miracle, but I should put my detractors on notice: They might just compel me out of the rocking chair and back into the anchor chair.

Who are they? I mean the people obsessed with control, using the government to threaten and intimidate. I mean the people who are hollowing out middle-class security even as they enlist the sons and daughters of the working class in a war to make sure Ahmed Chalabi winds up controlling Iraq's oil. I mean the people who turn faith-based initiatives into a slush fund and who encourage the pious to look heavenward and pray so as not to see the long arm of privilege and power picking their pockets. I mean the people who squelch free speech in an effort to obliterate dissent and consolidate their orthodoxy into the official view of reality from which any deviation becomes unpatriotic heresy.

That's who I mean. And if that's editorializing, so be it. A free press is one where it's OK to state the conclusion you're led to by the evidence.

One reason I'm in hot water is because my colleagues and I at NOW didn't play by the conventional rules of Beltway journalism. Those rules divide the world into Democrats and Republicans, liberals and conservatives, and allow journalists to pretend they have done their job if, instead of reporting the truth behind the news, they merely give each side an opportunity to spin the news.

Jonathan Mermin writes about this in a recent essay in World Policy Journal. (You'll also want to read his book Debating War and Peace, Media Coverage of U.S. Intervention in the Post-Vietnam Era.)

Mermin quotes David Ignatius of The Washington Post on why the deep interests of the American public are so poorly served by Beltway journalism. The "rules of our game," says Ignatius, "make it hard for us to tee up an issue ... without a news peg." He offers a case in point: the debacle of America's occupation of Iraq. "If senator so and so hasn't criticized postwar planning for Iraq," says Ignatius, "then it's hard for a reporter to write a story about that."

Mermin also quotes public television's Jim Lehrer acknowledging that unless an official says something is so, it isn't news. Why were journalists not discussing the occupation of Iraq? Because, says Lehrer, "the word occupation ... was never mentioned in the run-up to the war." Washington talked about the invasion as "a war of liberation, not a war of occupation, so as a consequence, "those of us in journalism never even looked at the issue of occupation."

"In other words," says Jonathan Mermin, "if the government isn't talking about it, we don't report it." He concludes: "[Lehrer's] somewhat jarring declaration, one of many recent admissions by journalists that their reporting failed to prepare the public for the calamitous occupation that has followed the 'liberation' of Iraq, reveals just how far the actual practice of American journalism has deviated from the First Amendment ideal of a press that is independent of the government."

Take the example (also cited by Mermin) of Charles J. Hanley. Hanley is a Pulitzer Prize-winning reporter for the Associated Press, whose fall 2003 story on the torture of Iraqis in American prisons -- before a U.S. Army report and photographs documenting the abuse surfaced -- was ignored by major American newspapers. Hanley attributes this lack of interest to the fact that "it was not an officially sanctioned story that begins with a handout from an official source."

Furthermore, Iraqis recounting their own personal experience of Abu Ghraib simply did not have the credibility with Beltway journalists of American officials denying that such things happened. Judith Miller of The New York Times, among others, relied on the credibility of official but unnamed sources when she served essentially as the government stenographer for claims that Iraq possessed weapons of mass destruction.

These "rules of the game" permit Washington officials to set the agenda for journalism, leaving the press all too often simply to recount what officials say instead of subjecting their words and deeds to critical scrutiny. Instead of acting as filters for readers and viewers, sifting the truth from the propaganda, reporters and anchors attentively transcribe both sides of the spin invariably failing to provide context, background or any sense of which claims hold up and which are misleading.

I decided long ago that this wasn't healthy for democracy. I came to see that "news is what people want to keep hidden and everything else is publicity." In my documentaries -- whether on the Watergate scandals 30 years ago or the Iran-Contra conspiracy 20 years ago or Bill Clinton's fundraising scandals 10 years ago or, five years ago, the chemical industry's long and despicable cover-up of its cynical and unspeakable withholding of critical data about its toxic products from its workers, I realized that investigative journalism could not be a collaboration between the journalist and the subject. Objectivity is not satisfied by two opposing people offering competing opinions, leaving the viewer to split the difference.

I came to believe that objective journalism means describing the object being reported on, including the little fibs and fantasies as well as the Big Lie of the people in power. In no way does this permit journalists to make accusations and allegations. It means, instead, making sure that your reporting and your conclusions can be nailed to the post with confirming evidence.

This is always hard to do, but it has never been harder than today. Without a trace of irony, the powers-that-be have appropriated the newspeak vernacular of George Orwell's 1984. They give us a program vowing "No Child Left Behind," while cutting funds for educating disadvantaged kids. They give us legislation cheerily calling for "Clear Skies" and "Healthy Forests" that give us neither. And that's just for starters.

In Orwell's 1984, the character Syme, one of the writers of that totalitarian society's dictionary, explains to the protagonist Winston, "Don't you see that the whole aim of Newspeak is to narrow the range of thought? Has it ever occurred to you, Winston, that by the year 2050, at the very latest, not a single human being will be alive who could understand such a conversation as we are having now? The whole climate of thought will be different. In fact there will be no thought, as we understand it now. Orthodoxy means not thinking -- not needing to think. Orthodoxy is unconsciousness."

An unconscious people, an indoctrinated people, a people fed only on partisan information and opinion that confirm their own bias, a people made morbidly obese in mind and spirit by the junk food of propaganda, is less inclined to put up a fight, to ask questions and be skeptical. That kind of orthodoxy can kill a democracy -- or worse.

I learned about this the hard way. I grew up in the South, where the truth about slavery, race, and segregation had been driven from the pulpits, driven from the classrooms and driven from the newsrooms. It took a bloody Civil War to bring the truth home, and then it took another hundred years for the truth to make us free.

Then I served in the Johnson administration. Imbued with Cold War orthodoxy and confident that "might makes right," we circled the wagons, listened only to each other, and pursued policies the evidence couldn't carry. The results were devastating for Vietnamese and Americans.

I brought all of this to the task when PBS asked me after 9/11 to start a new weekly broadcast. They wanted us to make it different from anything else on the air -- commercial or public broadcasting. They asked us to tell stories no one else was reporting and to offer a venue to people who might not otherwise be heard.

That wasn't a hard sell. I had been deeply impressed by studies published in leading peer-reviewed scholarly journals by a team of researchers led by Vassar College sociologist William Hoynes. Extensive research on the content of public television over a decade found that political discussions on our public affairs programs generally included a limited set of voices that offer a narrow range of perspectives on current issues and events.

Instead of far-ranging discussions and debates, the kind that might engage viewers as citizens, not simply as audiences, this research found that public affairs programs on PBS stations were populated by the standard set of elite news sources. Whether government officials and Washington journalists (talking about political strategy) or corporate sources (talking about stock prices or the economy from the investor's viewpoint), public television, unfortunately, all too often was offering the same kind of discussions, and a similar brand of insider discourse, that is featured regularly on commercial television.

Who didn't appear was also revealing. Hoynes and his team found that in contrast to the conservative mantra that public television routinely featured the voices of anti-establishment critics, "alternative perspectives were rare on public television and were effectively drowned out by the stream of government and corporate views that represented the vast majority of sources on our broadcasts."

The so-called experts who got most of the face time came primarily from mainstream news organizations and Washington think tanks rather than diverse interests. Economic news, for example, was almost entirely refracted through the views of business people, investors and business journalists. Voices outside the corporate/Wall Street universe -- nonprofessional workers, labor representatives, consumer advocates and the general public were rarely heard. In sum, these two studies concluded, the economic coverage was so narrow that the views and the activities of most citizens became irrelevant.

All this went against the Public Broadcasting Act of 1967 that created the Corporation for Public Broadcasting. I know. I was there. As a young policy assistant to President Johnson, I attended my first meeting to discuss the future of public broadcasting in 1964 in the office of the Commissioner of Education. I know firsthand that the Public Broadcasting Act was meant to provide an alternative to commercial television and to reflect the diversity of the American people.

This, too, was on my mind when we assembled the team for NOW. It was just after the terrorist attacks of 9/11. We agreed on two priorities. First, we wanted to do our part to keep the conversation of democracy going. That meant talking to a wide range of people across the spectrum -- left, right and center.

It meant poets, philosophers, politicians, scientists, sages and scribblers. It meant Isabel Allende, the novelist, and Amity Shlaes, the columnist for the Financial Times. It meant the former nun and best-selling author Karen Armstrong, and it meant the right-wing evangelical columnist Cal Thomas. It meant Arundhati Roy from India, Doris Lessing from London, David Suzuki from Canada, and Bernard Henry-Levi from Paris. It also meant two successive editors of the Wall Street Journal, Robert Bartley and Paul Gigot, the editor of The Economist, Bill Emmott, The Nation's Katrina vanden Heuvel and the L.A. Weekly's John Powers.

It means liberals like Frank Wu, Ossie Davis and Gregory Nava, and conservatives like Frank Gaffney, Grover Norquist, and Richard Viguerie. It meant Archbishop Desmond Tutu and Bishop Wilton Gregory of the Catholic Bishops conference in this country. It meant the conservative Christian activist and lobbyist, Ralph Reed, and the dissident Catholic Sister Joan Chittister. We threw the conversation of democracy open to all comers.

Most of those who came responded the same way that Ron Paul, the Republican and Libertarian congressman from Texas, did when he wrote me after his appearance, "I have received hundreds of positive e-mails from your viewers. I appreciate the format of your program, which allows time for a full discussion of ideas. ... I'm tired of political shows featuring two guests shouting over each other and offering the same arguments. ... NOW was truly refreshing."

Hold your applause because that's not the point of the story. We had a second priority. We intended to do strong, honest and accurate reporting, telling stories we knew people in high places wouldn't like.

I told our producers and correspondents that in our field reporting our job was to get as close as possible to the verifiable truth. This was all the more imperative in the aftermath of the terrorist attacks. America could be entering a long war against an elusive and stateless enemy with no definable measure of victory and no limit to its duration, cost or foreboding fear. The rise of a homeland security state meant government could justify extraordinary measures in exchange for protecting citizens against unnamed, even unproven, threats.

Furthermore, increased spending during a national emergency can produce a spectacle of corruption behind a smokescreen of secrecy. I reminded our team of the words of the news photographer in Tom Stoppard's play who said, "People do terrible things to each other, but it's worse when everyone is kept in the dark."

I also reminded them of how the correspondent and historian Richard Reeves answered a student who asked him to define real news. "Real news," Reeves responded, "is the news you and I need to keep our freedoms."

For these reasons and in that spirit, we went about reporting on Washington as no one else in broadcasting -- except occasionally 60 Minutes -- was doing. We reported on the expansion of the Justice Department's power of surveillance. We reported on the escalating Pentagon budget and expensive weapons that didn't work. We reported on how campaign contributions influenced legislation and policy to skew resources to the comfortable and well-connected while our troops were fighting in Afghanistan and Iraq with inadequate training and armor. We reported on how the Bush administration was shredding the Freedom of Information Act. We went around the country to report on how closed-door, backroom deals in Washington were costing ordinary workers and tax payers their livelihood and security. We reported on offshore tax havens that enable wealthy and powerful Americans to avoid their fair share of national security and the social contract.

And always -- because what people know depends on who owns the press -- we kept coming back to the media business itself, to how mega media corporations were pushing journalism further and further down the hierarchy of values, how giant radio cartels were silencing critics while shutting communities off from essential information, and how the mega media companies were lobbying the FCC for the right to grow ever more powerful.

The broadcast caught on. Our ratings grew every year. There was even a spell when we were the only public affairs broadcast on PBS whose audience was going up instead of down.

Our journalistic peers took notice. The Los Angeles Times said, "NOW's team of reporters has regularly put the rest of the media to shame, pursuing stories few others bother to touch."

The Philadelphia Inquirer said our segments on the sciences, the arts, politics and the economy were "provocative public television at its best."

The Austin American-Statesman called NOW, "the perfect antidote to today's high pitched decibel level, a smart, calm, timely news program."

Frazier Moore of the Associated Press said we were hard-edged when appropriate but never "Hardball." "Don't expect combat. Civility reigns."

And the Baton Rouge Advocate said, "NOW invites viewers to consider the deeper implication of the daily headlines," drawing on "a wide range of viewpoints which transcend the typical labels of the political left or right."

Let me repeat that: NOW draws on "a wide range of viewpoints which transcend the typical labels of the political left or right."

The Public Broadcasting Act of 1967 had been prophetic. Open public television to the American people -- offer diverse interests, ideas and voices ... be fearless in your belief in democracy -- and they will come.

Hold your applause -- that's not the point of the story.

The point of the story is something only a handful of our team, including my wife and partner Judith Davidson Moyers, and I knew at the time -- that the success of NOW's journalism was creating a backlash in Washington.

The more compelling our journalism, the angrier the radical right of the Republican Party became. That's because the one thing they loathe more than liberals is the truth. And the quickest way to be damned by them as liberal is to tell the truth.

This is the point of my story: Ideologues don't want you to go beyond the typical labels of left and right. They embrace a world view that can't be proven wrong because they will admit no evidence to the contrary. They want your reporting to validate their belief system and when it doesn't, God forbid.

Never mind that their own stars were getting a fair shake on NOW: Gigot, Viguerie, David Keene of the American Conservative Union, Stephen Moore, then with the Club for Growth, and others. No, our reporting was giving the radical right fits because it wasn't the party line. It wasn't that we were getting it wrong. Only three times in three years did we err factually, and in each case we corrected those errors as soon as we confirmed their inaccuracy. The problem was that we were telling stories that partisans in power didn't want told ... we were getting it right, not right-wing.

I've always thought the American eagle needed a left wing and a right wing. The right wing would see to it that economic interests had their legitimate concerns addressed. The left wing would see to it that ordinary people were included in the bargain. Both would keep the great bird on course. But with two right wings or two left wings, it's no longer an eagle and it's going to crash.

My occasional commentaries got to them as well. Although apparently he never watched the broadcast (I guess he couldn't take the diversity), Sen. Trent Lott came out squealing like a stuck pig when after the midterm elections in 2002 I described what was likely to happen now that all three branches of government were about to be controlled by one party dominated by the religious, corporate and political right.

Instead of congratulating the winners for their election victory as some network broadcasters had done -- or celebrating their victory as Fox, the Washington Times, The Weekly Standard, talk radio and other partisan Republican journalists had done -- I provided a little independent analysis of what the victory meant. And I did it the old-fashioned way: I looked at the record, took the winners at their word, and drew the logical conclusion that they would use power as they always said they would. And I set forth this conclusion in my usual modest Texas way.

Events since then have confirmed the accuracy of what I said, but, to repeat, being right is exactly what the right doesn't want journalists to be.

Strange things began to happen. Friends in Washington called to say that they had heard of muttered threats that the PBS reauthorization would be held off "unless Moyers is dealt with." The chairman of the Corporation for Public Broadcasting, Kenneth Tomlinson, was said to be quite agitated. Apparently there was apoplexy in the right-wing aerie when I closed the broadcast one Friday night by putting an American flag in my lapel and said - well, here's exactly what I said:

"I wore my flag tonight. First time. Until now I haven't thought it necessary to display a little metallic icon of patriotism for everyone to see. It was enough to vote, pay my taxes, perform my civic duties, speak my mind, and do my best to raise our kids to be good Americans.

"Sometimes I would offer a small prayer of gratitude that I had been born in a country whose institutions sustained me, whose armed forces protected me, and whose ideals inspired me; I offered my heart's affections in return. It no more occurred to me to flaunt the flag on my chest than it did to pin my mother's picture on my lapel to prove her son's love. Mother knew where I stood; so does my country. I even tuck a valentine in my tax returns on April 15.

"So what's this doing here? Well, I put it on to take it back. The flag's been hijacked and turned into a logo -- the trademark of a monopoly on patriotism. On those Sunday morning talk shows, official chests appear adorned with the flag as if it is the good housekeeping seal of approval. During the State of the Union, did you notice Bush and Cheney wearing the flag? How come? No administration's patriotism is ever in doubt, only its policies. And the flag bestows no immunity from error. When I see flags sprouting on official lapels, I think of the time in China when I saw Mao's little red book on every official's desk, omnipresent and unread.

"But more galling than anything are all those moralistic ideologues in Washington sporting the flag in their lapels while writing books and running Web sites and publishing magazines attacking dissenters as un-American. They are people whose ardor for war grows disproportionately to their distance from the fighting. They're in the same league as those swarms of corporate lobbyists wearing flags and prowling Capitol Hill for tax breaks even as they call for more spending on war.

"So I put this on as a modest riposte to men with flags in their lapels who shoot missiles from the safety of Washington think tanks, or argue that sacrifice is good as long as they don't have to make it, or approve of bribing governments to join the coalition of the willing (after they first stash the cash). I put it on to remind myself that not every patriot thinks we should do to the people of Baghdad what Bin Laden did to us. The flag belongs to the country, not to the government. And it reminds me that it's not un-American to think that war -- except in self-defense -- is a failure of moral imagination, political nerve, and diplomacy. Come to think of it, standing up to your government can mean standing up for your country."

That did it. That -- and our continuing reporting on overpricing at Haliburton, chicanery on K Street, and the heavy, if divinely guided hand, of Tom DeLay.

When Sen. Lott protested that the Corporation for Public Broadcasting "has not seemed willing to deal with Bill Moyers," a new member of the board, a Republican fundraiser named Cheryl Halperin, who had been appointed by President Bush, agreed that CPB needed more power to do just that sort of thing. She left no doubt about the kind of penalty she would like to see imposed on malefactors like Moyers.

As rumors circulated about all this, I asked to meet with the CPB board to hear for myself what was being said. I thought it would be helpful for someone like me, who had been present at the creation and part of the system for almost 40 years, to talk about how CPB had been intended to be a heat shield to protect public broadcasters from exactly this kind of intimidation.

After all, I'd been there at the time of Richard Nixon's attempted coup. In those days, public television had been really feisty and independent, and often targeted for attacks. A Woody Allen special that poked fun at Henry Kissinger in the Nixon administration had actually been cancelled. The White House had been so outraged over a documentary called the "Banks and the Poor" that PBS was driven to adopt new guidelines. That didn't satisfy Nixon, and when public television hired two NBC reporters -- Robert McNeil and Sander Vanoucur to co-anchor some new broadcasts, it was, for Nixon, the last straw. According to White House memos at the time, he was determined to "get the left-wing commentators who are cutting us up off public television at once -- indeed, yesterday if possible."

Sound familiar?

Nixon vetoed the authorization for CPB with a message written in part by his sidekick Pat Buchanan, who in a private memo had castigated Vanocur, MacNeil, Washington Week in Review, Black Journal and Bill Moyers as "unbalanced against the administration."

It does sound familiar.

I always knew Nixon would be back. I just didn't know this time he would be the chairman of the Corporation for Public Broadcasting.

Buchanan and Nixon succeeded in cutting CPB funding for all public affairs programming except for Black Journal. They knocked out multiyear funding for the National Public Affairs Center for Television, otherwise known as NPACT. And they voted to take away from the PBS staff the ultimate responsibility for the production of programming.

But in those days -- and this is what I wanted to share with Kenneth Tomlinson and his colleagues on the CPB board -- there were still Republicans in America who did not march in ideological lockstep and who stood on principle against politicizing public television. The chairman of the public station in Dallas was an industrialist named Ralph Rogers, a Republican but no party hack, who saw the White House intimidation as an assault on freedom of the press and led a nationwide effort to stop it.

The chairman of CPB was former Republican Congressman Thomas Curtis, who was also a principled man. He resigned, claiming White House interference. Within a few months, the crisis was over. CPB maintained its independence, PBS grew in strength, and Richard Nixon would soon face impeachment and resign for violating the public trust, not just public broadcasting.

Paradoxically, the very National Public Affairs Center for Television that Nixon had tried to kill -- NPACT -- put PBS on the map by rebroadcasting in primetime each day's Watergate hearings, drawing huge ratings night after night and establishing PBS as an ally of democracy. We should still be doing that sort of thing.

That was 33 years ago. I thought the current CPB board would like to hear and talk about the importance of standing up to political interference. I was wrong. They wouldn't meet with me. I tried three times. And it was all downhill after that.

I was na've, I guess. I simply never imagined that any CPB chairman, Democrat or Republican, would cross the line from resisting White House pressure to carrying it out for the White House. But that's what Kenneth Tomlinson has done.

On Fox News this week he denied that he's carrying out a White House mandate or that he's ever had any conversations with any Bush administration official about PBS. But the New York Times reported that he enlisted Karl Rove to help kill a proposal that would have put on the CPB board people with experience in local radio and television. The Times also reported that "on the recommendation of administration officials" Tomlinson hired a White House flack (I know the genre) named Mary Catherine Andrews as a senior CPB staff member. While she was still reporting to Karl Rove at the White House, Andrews set up CPB's new ombudsman's office and had a hand in hiring the two people who will fill it, one of whom once worked for ... you guessed it ... Kenneth Tomlinson.

I would like to give Mr. Tomlinson the benefit of the doubt, but I can't. According to a book written about the Reader's Digest when he was its editor-in-chief, he surrounded himself with other right-wingers -- a pattern he's now following at the Corporation for Public Broadcasting.

There is Ms. Andrews from the White House. For acting president, he hired Ken Ferree from the FCC, who was Michael Powell's enforcer when Powell was deciding how to go about allowing the big media companies to get even bigger. According to a forthcoming book, one of Ferree's jobs was to engage in tactics designed to dismiss any serious objection to media monopolies. And, according to Eric Alterman, Ferree was even more contemptuous than Michael Powell of public participation in the process of determining media ownership. Alterman identifies Ferree as the FCC staffer who decided to issue a "protective order" designed to keep secret the market research on which the Republican majority on the commission based their vote to permit greater media consolidation.

It's not likely that with guys like this running the CPB some public television producer is going to say, "Hey, let's do something on how big media is affecting democracy."

Call it preventive capitulation.

As everyone knows, Mr. Tomlinson also put up a considerable sum of money, reportedly over $5 million, for a new weekly broadcast featuring Paul Gigot and the editorial board of the Wall Street Journal. Gigot is a smart journalist, a sharp editor, and a fine fellow. I had him on NOW several times and even proposed that he become a regular contributor. The conversation of democracy -- remember? All stripes.

But I confess to some puzzlement that the Wall Street Journal, which in the past editorialized to cut PBS off the public tap, is now being subsidized by American taxpayers although its parent company, Dow Jones, had revenues in just the first quarter of this year of $400 million. I thought public television was supposed to be an alternative to commercial media, not a funder of it.

But in this weird deal, you get a glimpse of the kind of programming Mr. Tomlinson apparently seems to prefer. Alone of the big major newspapers, the Wall Street Journal has no op-ed page where different opinions can compete with its right-wing editorials. The Journal's PBS broadcast is just as homogenous -- right-wingers talking to each other. Why not $5 million to put the editors of The Nation on PBS? Or Amy Goodman's Democracy Now! You balance right-wing talk with left-wing talk.

There's more. Only two weeks ago did we learn that Mr. Tomlinson had spent $10,000 last year to hire a contractor who would watch my show and report on political bias. That's right. Kenneth Y. Tomlinson spent $10,000 of your money to hire a guy to watch NOW to find out who my guests were and what my stories were. Ten thousand dollars.

Gee, Ken, for $2.50 a week, you could pick up a copy of TV Guide on the newsstand. A subscription is even cheaper, and I would have sent you a coupon that can save you up to 62 percent.

For that matter, Ken, all you had to do was watch the show yourself. You could have made it easier with a double Jim Beam, your favorite. Or you could have gone online where the listings are posted. Hell, you could have called me -- collect -- and I would have told you.

Ten thousand dollars. That would have bought five tables at Thursday night's "Conservative Salute for Tom DeLay." Better yet, that ten grand would pay for the books in an elementary school classroom or an upgrade of its computer lab.

But having sent that cash, what did he find? Only Mr. Tomlinson knows. He's apparently decided not to share the results with his staff, or his board or leak it to Robert Novak. The public paid for it -- but Ken Tomlinson acts as if he owns it.

In a May 10 op-ed piece, in Rev. Moon's conservative Washington Times, Tomlinson maintained he had not released the findings because public broadcasting is such a delicate institution that he did not want to "damage public broadcasting's image with controversy." Where I come from in Texas, we shovel that kind of stuff every day.

As we learned only this week, that's not the only news Mr. Tomlinson tried to keep to himself. As reported by Jeff Chester's Center for Digital Democracy (of which I am a supporter), there were two public opinion surveys commissioned by CPB but not released to the media -- not even to PBS and NPR. According to a source who talked to Salon.com, "The first results were too good and [Tomlinson] didn't believe them. After the Iraq War, the board commissioned another round of polling, and they thought they'd get worse results."

But they didn't. The data revealed that, in reality, public broadcasting has an 80 percent favorable rating and that "the majority of the U.S. adult population does not believe that the news and information programming on public broadcasting is biased." In fact, more than half believed PBS provided more in-depth and trustworthy news and information than the networks and 55 percent said PBS was "fair and balanced."

Tomlinson is the man, by the way, who was running Voice of America back in 1984 when a partisan named Charlie Wick was politicizing the United States Information Agency of which Voice of America was a part. It turned out there was a blacklist of people who had been removed from the list of prominent Americans sent abroad to lecture on behalf of America and the USIA. What's more, it was discovered that evidence as to how those people were chosen to be on the blacklist, more than 700 documents had been shredded. Among those on the blacklists of journalists, writers, scholars and politicians were dangerous left-wing subversives like Walter Cronkite, James Baldwin, Gary Hart, Ralph Nader, Ben Bradlee, Coretta Scott King and David Brinkley.

The person who took the fall for the blacklist was another right-winger. He resigned. Shortly thereafter, so did Kenneth Tomlinson, who had been one of the people in the agency with the authority to see the lists of potential speakers and allowed to strike people's names. Let me be clear about this: There is no record, apparently, of what Ken Tomlinson did. We don't know whether he supported or protested the blacklisting of so many American liberals. Or what he thinks of it now.

But I had hoped Bill O'Reilly would have asked him about it when he appeared on The O'Reilly Factor this week. He didn't. Instead, Tomlinson went on attacking me with O'Reilly egging him on, and he went on denying he was carrying out a partisan mandate despite published reports to the contrary. The only time you could be sure he was telling the truth was at the end of the broadcast when he said to O'Reilly, "We love your show."

We love your show.

I wrote Kenneth Tomlinson on Friday and asked him to sit down with me for one hour on PBS and talk about all this. I suggested that he choose the moderator and the guidelines.

There is one other thing in particular I would like to ask him about. In his op-ed essay this week in Washington Times, Ken Tomlinson tells of a phone call from an old friend complaining about my bias. Wrote Mr. Tomlinson: "The friend explained that the foundation he heads made a six-figure contribution to his local television station for digital conversion. But he declared there would be no more contributions until something was done about the network's bias."

Apparently that's Kenneth Tomlinson's method of governance. Money talks and buys the influence it wants.

I would like to ask him to listen to a different voice.

This letter came to me last year from a woman in New York, five pages of handwriting. She said, among other things, that "after the worst sneak attack in our history, there's not been a moment to reflect, a moment to let the horror resonate, a moment to feel the pain and regroup as humans. No, since I lost my husband on 9/11, not only our family's world, but the whole world seems to have gotten even worse than that tragic day."

She wanted me to know that on 9/11 her husband was not on duty. "He was home with me having coffee. My daughter and grandson, living only five blocks from the Towers, had to be evacuated with masks -- terror all around. ... My other daughter, near the Brooklyn Bridge ... my son in high school. But my Charlie took off like a lightning bolt to be with his men from the Special Operations Command. 'Bring my gear to the plaza,' he told his aide immediately after the first plane struck the North Tower. ... He took action based on the responsibility he felt for his job and his men and for those Towers that he loved."

In the FDNY, she said, chain-of- command rules extend to every captain of every fire house in the city. If anything happens in the firehouse -- at any time -- even if the captain isn't on duty or on vacation -- that captain is responsible for everything that goes on there 24/7."

So she asked: "Why is this administration responsible for nothing? All that they do is pass the blame. This is not leadership. ... Watch everyone pass the blame again in this recent torture case [Abu Ghraib] of Iraqi prisons ..."

And then she wrote: "We need more programs like yours to wake America up. ... Such programs must continue amidst the sea of false images and name-calling that divide America now. ... Such programs give us hope that search will continue to get this imperfect human condition on to a higher plane. So thank you and all of those who work with you. Without public broadcasting, all we would call news would be merely carefully controlled propaganda."

Enclosed with the letter was a check made out to "Channel 13 -- NOW" for $500. I keep a copy of that check above my desk to remind me of what journalism is about. Kenneth Tomlinson has his demanding donors. I'll take the widow's mite any day.

Someone has said recently that the great raucous mob that is democracy is rarely heard and that it's not just the fault of the current residents of the White House and the capital. There's too great a chasm between those of us in this business and those who depend on TV and radio as their window to the world. We treat them too much as an audience and not enough as citizens. They're invited to look through the window but too infrequently to come through the door and to participate, to make public broadcasting truly public."

To that end, five public interest groups including Common Cause and Consumers Union will be holding informational sessions around the country to "take public broadcasting back" -- to take it back from threats, from interference, from those who would tell us we can only think what they command us to think.

It's a worthy goal.

We're big kids; we can handle controversy and diversity, whether it's political or religious points of view or two loving lesbian moms and their kids, visited by a cartoon rabbit. We are not too fragile or insecure to see America and the world entire for all their magnificent and sometimes violent confusion. There used to be a thing or a commodity we put great store by," John Steinbeck wrote. "It was called the people."

Friday, May 20, 2005

MAKES YOU PROUD TO BE AN AMERICAN....OR DOES IT?

http://www.nytimes.com/2005/05/20/international/asia/20abuse.html?hp&ex=1116561600&en=8701738ac057aebe&ei=5094&partner=homepage
In U.S. Report, Brutal Details of 2 Afghan Inmates' Deaths

By TIM GOLDEN
Published: May 20, 2005
Even as the young Afghan man was dying before them, his American jailers continued to torment him.

The prisoner, a slight, 22-year-old taxi driver known only as Dilawar, was hauled from his cell at the detention center in Bagram, Afghanistan, at around 2 a.m. to answer questions about a rocket attack on an American base. When he arrived in the interrogation room, an interpreter who was present said, his legs were bouncing uncontrollably in the plastic chair and his hands were numb. He had been chained by the wrists to the top of his cell for much of the previous four days.

Mr. Dilawar asked for a drink of water, and one of the two interrogators, Specialist Joshua R. Claus, 21, picked up a large plastic bottle. But first he punched a hole in the bottom, the interpreter said, so as the prisoner fumbled weakly with the cap, the water poured out over his orange prison scrubs. The soldier then grabbed the bottle back and began squirting the water forcefully into Mr. Dilawar's face.

"Come on, drink!" the interpreter said Specialist Claus had shouted, as the prisoner gagged on the spray. "Drink!"

At the interrogators' behest, a guard tried to force the young man to his knees. But his legs, which had been pummeled by guards for several days, could no longer bend. An interrogator told Mr. Dilawar that he could see a doctor after they finished with him. When he was finally sent back to his cell, though, the guards were instructed only to chain the prisoner back to the ceiling.

"Leave him up," one of the guards quoted Specialist Claus as saying.

Several hours passed before an emergency room doctor finally saw Mr. Dilawar. By then he was dead, his body beginning to stiffen. It would be many months before Army investigators learned a final horrific detail: Most of the interrogators had believed Mr. Dilawar was an innocent man who simply drove his taxi past the American base at the wrong time.

The story of Mr. Dilawar's brutal death at the Bagram Collection Point - and that of another detainee, Habibullah, who died there six days earlier in December 2002 - emerge from a nearly 2,000-page confidential file of the Army's criminal investigation into the case, a copy of which was obtained by The New York Times.

Like a narrative counterpart to the digital images from Abu Ghraib, the Bagram file depicts young, poorly trained soldiers in repeated incidents of abuse. The harsh treatment, which has resulted in criminal charges against seven soldiers, went well beyond the two deaths.

In some instances, testimony shows, it was directed or carried out by interrogators to extract information. In others, it was punishment meted out by military police guards. Sometimes, the torment seems to have been driven by little more than boredom or cruelty, or both.

In sworn statements to Army investigators, soldiers describe one female interrogator with a taste for humiliation stepping on the neck of one prostrate detainee and kicking another in the genitals. They tell of a shackled prisoner being forced to roll back and forth on the floor of a cell, kissing the boots of his two interrogators as he went. Yet another prisoner is made to pick plastic bottle caps out of a drum mixed with excrement and water as part of a strategy to soften him up for questioning.

The Times obtained a copy of the file from a person involved in the investigation who was critical of the methods used at Bagram and the military's response to the deaths.

Although incidents of prisoner abuse at Bagram in 2002, including some details of the two men's deaths, have been previously reported, American officials have characterized them as isolated problems that were thoroughly investigated. And many of the officers and soldiers interviewed in the Dilawar investigation said the large majority of detainees at Bagram were compliant and reasonably well treated.

"What we have learned through the course of all these investigations is that there were people who clearly violated anyone's standard for humane treatment," said the Pentagon's chief spokesman, Larry Di Rita. "We're finding some cases that were not close calls."

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Yet the Bagram file includes ample testimony that harsh treatment by some interrogators was routine and that guards could strike shackled detainees with virtual impunity. Prisoners considered important or troublesome were also handcuffed and chained to the ceilings and doors of their cells, sometimes for long periods, an action Army prosecutors recently classified as criminal assault.



Some of the mistreatment was quite obvious, the file suggests. Senior officers frequently toured the detention center, and several of them acknowledged seeing prisoners chained up for punishment or to deprive them of sleep. Shortly before the two deaths, observers from the International Committee of the Red Cross specifically complained to the military authorities at Bagram about the shackling of prisoners in "fixed positions," documents show.

Even though military investigators learned soon after Mr. Dilawar's death that he had been abused by at least two interrogators, the Army's criminal inquiry moved slowly. Meanwhile, many of the Bagram interrogators, led by the same operations officer, Capt. Carolyn A. Wood, were redeployed to Iraq and in July 2003 took charge of interrogations at the Abu Ghraib prison. According to a high-level Army inquiry last year, Captain Wood applied techniques there that were "remarkably similar" to those used at Bagram.

Last October, the Army's Criminal Investigation Command concluded that there was probable cause to charge 27 officers and enlisted personnel with criminal offenses in the Dilawar case ranging from dereliction of duty to maiming and involuntary manslaughter. Fifteen of the same soldiers were also cited for probable criminal responsibility in the Habibullah case.

So far, only the seven soldiers have been charged, including four last week. No one has been convicted in either death. Two Army interrogators were also reprimanded, a military spokesman said. Most of those who could still face legal action have denied wrongdoing, either in statements to investigators or in comments to a reporter.

"The whole situation is unfair," Sgt. Selena M. Salcedo, a former Bagram interrogator who was charged with assaulting Mr. Dilawar, dereliction of duty and lying to investigators, said in a telephone interview. "It's all going to come out when everything is said and done."

With most of the legal action pending, the story of abuses at Bagram remains incomplete. But documents and interviews reveal a striking disparity between the findings of Army investigators and what military officials said in the aftermath of the deaths.

Military spokesmen maintained that both men had died of natural causes, even after military coroners had ruled the deaths homicides. Two months after those autopsies, the American commander in Afghanistan, then-Lt. Gen. Daniel K. McNeill, said he had no indication that abuse by soldiers had contributed to the two deaths. The methods used at Bagram, he said, were "in accordance with what is generally accepted as interrogation techniques."

The Interrogators

In the summer of 2002, the military detention center at Bagram, about 40 miles north of Kabul, stood as a hulking reminder of the Americans' improvised hold over Afghanistan.

Built by the Soviets as an aircraft machine shop for the operations base they established after their intervention in the country in 1979, the building had survived the ensuing wars as a battered relic - a long, squat, concrete block with rusted metal sheets where the windows had once been.

Retrofitted with five large wire pens and a half dozen plywood isolation cells, the building became the Bagram Collection Point, a clearinghouse for prisoners captured in Afghanistan and elsewhere. The B.C.P., as soldiers called it, typically held between 40 and 80 detainees while they were interrogated and screened for possible shipment to the Pentagon's longer-term detention center at Guant�namo Bay, Cuba.

The new interrogation unit that arrived in July 2002 had been improvised as well. Captain Wood, then a 32-year-old lieutenant, came with 13 soldiers from the 525th Military Intelligence Brigade at Fort Bragg, N.C.; six Arabic-speaking reservists were added from the Utah National Guard.

(Page 3 of 8)



Part of the new group, which was consolidated under Company A of the 519th Military Intelligence Battalion, was made up of counterintelligence specialists with no background in interrogation. Only two of the soldiers had ever questioned actual prisoners.

What specialized training the unit received came on the job, in sessions with two interrogators who had worked in the prison for a few months. "There was nothing that prepared us for running an interrogation operation" like the one at Bagram, the noncommissioned officer in charge of the interrogators, Staff Sgt. Steven W. Loring, later told investigators.

Nor were the rules of engagement very clear. The platoon had the standard interrogations guide, Army Field Manual 34-52, and an order from the secretary of defense, Donald H. Rumsfeld, to treat prisoners "humanely," and when possible, in accordance with the Geneva Conventions. But with President Bush's final determination in February 2002 that the Conventions did not apply to the conflict with Al Qaeda and that Taliban fighters would not be accorded the rights of prisoners of war, the interrogators believed they "could deviate slightly from the rules," said one of the Utah reservists, Sgt. James A. Leahy.

"There was the Geneva Conventions for enemy prisoners of war, but nothing for terrorists," Sergeant Leahy told Army investigators. And the detainees, senior intelligence officers said, were to be considered terrorists until proved otherwise.

The deviations included the use of "safety positions" or "stress positions" that would make the detainees uncomfortable but not necessarily hurt them - kneeling on the ground, for instance, or sitting in a "chair" position against the wall. The new platoon was also trained in sleep deprivation, which the previous unit had generally limited to 24 hours or less, insisting that the interrogator remain awake with the prisoner to avoid pushing the limits of humane treatment.

But as the 519th interrogators settled into their jobs, they set their own procedures for sleep deprivation. They decided on 32 to 36 hours as the optimal time to keep prisoners awake and eliminated the practice of staying up themselves, one former interrogator, Eric LaHammer, said in an interview.

The interrogators worked from a menu of basic tactics to gain a prisoner's cooperation, from the "friendly" approach, to good cop-bad cop routines, to the threat of long-term imprisonment. But some less-experienced interrogators came to rely on the method known in the military as "Fear Up Harsh," or what one soldier referred to as "the screaming technique."

Sergeant Loring, then 27, tried with limited success to wean those interrogators off that approach, which typically involved yelling and throwing chairs. Mr. Leahy said the sergeant "put the brakes on when certain approaches got out of hand." But he could also be dismissive of tactics he considered too soft, several soldiers told investigators, and gave some of the most aggressive interrogators wide latitude. (Efforts to locate Mr. Loring, who has left the military, were unsuccessful.)

"We sometimes developed a rapport with detainees, and Sergeant Loring would sit us down and remind us that these were evil people and talk about 9/11 and they weren't our friends and could not be trusted," Mr. Leahy said.

Specialist Damien M. Corsetti, a tall, bearded interrogator sometimes called "Monster" -he had the nickname tattooed in Italian across his stomach, other soldiers said - was often chosen to intimidate new detainees. Specialist Corsetti, they said, would glower and yell at the arrivals as they stood chained to an overhead pole or lay face down on the floor of a holding room. (A military police K-9 unit often brought growling dogs to walk among the new prisoners for similar effect, documents show.)

"The other interrogators would use his reputation," said one interrogator, Specialist Eric H. Barclais. "They would tell the detainee, 'If you don't cooperate, we'll have to get Monster, and he won't be as nice.' " Another soldier told investigators that Sergeant Loring lightheartedly referred to Specialist Corsetti, then 23, as "the King of Torture."

(Page 4 of 8)



A Saudi detainee who was interviewed by Army investigators last June at Guant�namo said Specialist Corsetti had pulled out his penis during an interrogation at Bagram, held it against the prisoner's face and threatened to rape him, excerpts from the man's statement show.

Last fall, the investigators cited probable cause to charge Specialist Corsetti with assault, maltreatment of a prisoner and indecent acts in the incident; he has not been charged. At Abu Ghraib, he was also one of three members of the 519th who were fined and demoted for forcing an Iraqi woman to strip during questioning, another interrogator said. A spokesman at Fort Bragg said Specialist Corsetti would not comment.

In late August of 2002, the Bagram interrogators were joined by a new military police unit that was assigned to guard the detainees. The soldiers, mostly reservists from the 377th Military Police Company based in Cincinnati and Bloomington, Ind., were similarly unprepared for their mission, members of the unit said.

The company received basic lessons in handling prisoners at Fort Dix, N.J., and some police and corrections officers in its ranks provided further training. That instruction included an overview of "pressure-point control tactics" and notably the "common peroneal strike" - a potentially disabling blow to the side of the leg, just above the knee.

The M.P.'s said they were never told that peroneal strikes were not part of Army doctrine. Nor did most of them hear one of the former police officers tell a fellow soldier during the training that he would never use such strikes because they would "tear up" a prisoner's legs.

But once in Afghanistan, members of the 377th found that the usual rules did not seem to apply. The peroneal strike quickly became a basic weapon of the M.P. arsenal. "That was kind of like an accepted thing; you could knee somebody in the leg," former Sgt. Thomas V. Curtis told the investigators.

A few weeks into the company's tour, Specialist Jeremy M. Callaway overheard another guard boasting about having beaten a detainee who had spit on him. Specialist Callaway also told investigators that other soldiers had congratulated the guard "for not taking any" from a detainee.

One captain nicknamed members of the Third Platoon "the Testosterone Gang." Several were devout bodybuilders. Upon arriving in Afghanistan, a group of the soldiers decorated their tent with a Confederate flag, one soldier said.

Some of the same M.P.'s took a particular interest in an emotionally disturbed Afghan detainee who was known to eat his feces and mutilate himself with concertina wire. The soldiers kneed the man repeatedly in the legs and, at one point, chained him with his arms straight up in the air, Specialist Callaway told investigators. They also nicknamed him "Timmy," after a disabled child in the animated television series "South Park." One of the guards who beat the prisoner also taught him to screech like the cartoon character, Specialist Callaway said.

Eventually, the man was sent home.

The Defiant Detainee

The detainee known as Person Under Control No. 412 was a portly, well-groomed Afghan named Habibullah. Some American officials identified him as "Mullah" Habibullah, a brother of a former Taliban commander from the southern Afghan province of Oruzgan.

He stood out from the scraggly guerrillas and villagers whom the Bagram interrogators typically saw. "He had a piercing gaze and was very confident," the provost marshal in charge of the M.P.'s, Maj. Bobby R. Atwell, recalled.

Documents from the investigation suggest that Mr. Habibullah was captured by an Afghan warlord on Nov. 28, 2002, and delivered to Bagram by C.I.A. operatives two days later. His well-being at that point is a matter of dispute. The doctor who examined him on arrival at Bagram reported him in good health. But the intelligence operations chief, Lt. Col. John W. Loffert Jr., later told Army investigators, "He was already in bad condition when he arrived."

What is clear is that Mr. Habibullah was identified at Bagram as an important prisoner and an unusually sharp-tongued and insubordinate one.

Page 5 of 8)


One of the 377th's Third Platoon sergeants, Alan J. Driver Jr., told investigators that Mr. Habibullah rose up after a rectal examination and kneed him in the groin. The guard said he grabbed the prisoner by the head and yelled in his face. Mr. Habibullah then "became combative," Sergeant Driver said, and had to be subdued by three guards and led away in an armlock.

He was then confined in one of the 9-foot by 7-foot isolation cells, which the M.P. commander, Capt. Christopher M. Beiring, later described as a standard procedure. "There was a policy that detainees were hooded, shackled and isolated for at least the first 24 hours, sometimes 72 hours of captivity," he told investigators.

While the guards kept some prisoners awake by yelling or poking at them or banging on their cell doors, Mr. Habibullah was shackled by the wrists to the wire ceiling over his cell, soldiers said.

On his second day, Dec. 1, the prisoner was "uncooperative" again, this time with Specialist Willie V. Brand. The guard, who has since been charged with assault and other crimes, told investigators he had delivered three peroneal strikes in response. The next day, Specialist Brand said, he had to knee the prisoner again. Other blows followed.

A lawyer for Specialist Brand, John P. Galligan, said there was no criminal intent by his client to hurt any detainee. "At the time, my client was acting consistently with the standard operating procedure that was in place at the Bagram facility."

The communication between Mr. Habibullah and his jailers appears to have been almost exclusively physical. Despite repeated requests, the M.P.'s were assigned no interpreters of their own. Instead, they borrowed from the interrogators when they could and relied on prisoners who spoke even a little English to translate for them.

When the detainees were beaten or kicked for "noncompliance," one of the interpreters, Ali M. Baryalai said, it was often "because they have no idea what the M.P. is saying."

By the morning of Dec. 2, witnesses told the investigators, Mr. Habibullah was coughing and complaining of chest pains. He limped into the interrogation room in shackles, his right leg stiff and his right foot swollen. The lead interrogator, Sergeant Leahy, let him sit on the floor because he could not bend his knees and sit in a chair.

The interpreter who was on hand, Ebrahim Baerde, said the interrogators had kept their distance that day "because he was spitting up a lot of phlegm."

"They were laughing and making fun of him, saying it was 'gross' or 'nasty,' " Mr. Baerde said.

Though battered, Mr. Habibullah was unbowed.

"Once they asked him if he wanted to spend the rest of his life in handcuffs," Mr. Baerde said. "His response was, 'Yes, don't they look good on me?' "

By Dec. 3, Mr. Habibullah's reputation for defiance seemed to make him an open target. One M.P. said he had given him five peroneal strikes for being "noncompliant and combative." Another gave him three or four more for being "combative and noncompliant." Some guards later asserted that he had been hurt trying to escape.

When Sgt. James P. Boland saw Mr. Habibullah on Dec. 3, he was in one of the isolation cells, tethered to the ceiling by two sets of handcuffs and a chain around his waist. His body was slumped forward, held up by the chains.

Sergeant Boland told the investigators he had entered the cell with two other guards, Specialists Anthony M. Morden and Brian E. Cammack. (All three have been charged with assault and other crimes.) One of them pulled off the prisoner's black hood. His head was slumped to one side, his tongue sticking out. Specialist Cammack said he had put some bread on Mr. Habibullah's tongue. Another soldier put an apple in the prisoner's hand; it fell to the floor.

When Specialist Cammack turned back toward the prisoner, he said in one statement, Mr. Habibullah's spit hit his chest. Later, Specialist Cammack acknowledged, "I'm not sure if he spit at me." But at the time, he exploded, yelling, "Don't ever spit on me again!" and kneeing the prisoner sharply in the thigh, "maybe a couple" of times. Mr. Habibullah's limp body swayed back and forth in the chains.

When Sergeant Boland returned to the cell some 20 minutes later, he said, Mr. Habibullah was not moving and had no pulse. Finally, the prisoner was unchained and laid out on the floor of his cell.

The guard who Specialist Cammack said had counseled him back in New Jersey about the dangers of peroneal strikes found him in the room where Mr. Habibullah lay, his body already cold.

"Specialist Cammack appeared very distraught," Specialist William Bohl told an investigator. The soldier "was running about the room hysterically."

An M.P. was sent to wake one of the medics.

"What are you getting me for?" the medic, Specialist Robert S. Melone, responded, telling him to call an ambulance instead.

When another medic finally arrived, he found Mr. Habibullah on the floor, his arms outstretched, his eyes and mouth open.

"It looked like he had been dead for a while, and it looked like nobody cared," the medic, Staff Sgt. Rodney D. Glass, recalled.

Not all of the guards were indifferent, their statements show. But if Mr. Habibullah's death shocked some of them, it did not lead to major changes in the detention center's operation.

(Page 6 of 8)



Military police guards were assigned to be present during interrogations to help prevent mistreatment. The provost marshal, Major Atwell, told investigators he had already instructed the commander of the M.P. company, Captain Beiring, to stop chaining prisoners to the ceiling. Others said they never received such an order.

Senior officers later told investigators that they had been unaware of any serious abuses at the B.C.P. But the first sergeant of the 377th, Betty J. Jones, told investigators that the use of standing restraints, sleep deprivation and peroneal strikes was readily apparent.

"Everyone that is anyone went through the facility at one time or another," she said.

Major Atwell said the death "did not cause an enormous amount of concern 'cause it appeared natural."

In fact, Mr. Habibullah's autopsy, completed on Dec. 8, showed bruises or abrasions on his chest, arms and head. There were deep contusions on his calves, knees and thighs. His left calf was marked by what appeared to have been the sole of a boot.

His death was attributed to a blood clot, probably caused by the severe injuries to his legs, which traveled to his heart and blocked the blood flow to his lungs.

The Shy Detainee

On Dec. 5, one day after Mr. Habibullah died, Mr. Dilawar arrived at Bagram.

Four days before, on the eve of the Muslim holiday of Id al-Fitr, Mr. Dilawar set out from his tiny village of Yakubi in a prized new possession, a used Toyota sedan that his family bought for him a few weeks earlier to drive as a taxi.

Mr. Dilawar was not an adventurous man. He rarely went far from the stone farmhouse he shared with his wife, young daughter and extended family. He never attended school, relatives said, and had only one friend, Bacha Khel, with whom he would sit in the wheat fields surrounding the village and talk.

"He was a shy man, a very simple man," his eldest brother, Shahpoor, said in an interview.

On the day he disappeared, Mr. Dilawar's mother had asked him to gather his three sisters from their nearby villages and bring them home for the holiday. But he needed gas money and decided instead to drive to the provincial capital, Khost, about 45 minutes away, to look for fares.

At a taxi stand there, he found three men headed back toward Yakubi. On the way, they passed a base used by American troops, Camp Salerno, which had been the target of a rocket attack that morning.

Militiamen loyal to the guerrilla commander guarding the base, Jan Baz Khan, stopped the Toyota at a checkpoint. They confiscated a broken walkie-talkie from one of Mr. Dilawar's passengers. In the trunk, they found an electric stabilizer used to regulate current from a generator. (Mr. Dilawar's family said the stabilizer was not theirs; at the time, they said, they had no electricity at all.)

The four men were detained and turned over to American soldiers at the base as suspects in the attack. Mr. Dilawar and his passengers spent their first night there handcuffed to a fence, so they would be unable to sleep. When a doctor examined them the next morning, he said later, he found Mr. Dilawar tired and suffering from headaches but otherwise fine.

Mr. Dilawar's three passengers were eventually flown to Guant�namo and held for more than a year before being sent home without charge. In interviews after their release, the men described their treatment at Bagram as far worse than at Guant�namo. While all of them said they had been beaten, they complained most bitterly of being stripped naked in front of female soldiers for showers and medical examinations, which they said included the first of several painful and humiliating rectal exams.

"They did lots and lots of bad things to me," said Abdur Rahim, a 26-year-old baker from Khost. "I was shouting and crying, and no one was listening. When I was shouting, the soldiers were slamming my head against the desk."

For Mr. Dilawar, his fellow prisoners said, the most difficult thing seemed to be the black cloth hood that was pulled over his head. "He could not breathe," said a man called Parkhudin, who had been one of Mr. Dilawar's passengers.

Mr. Dilawar was a frail man, standing only 5 feet 9 inches and weighing 122 pounds. But at Bagram, he was quickly labeled one of the "noncompliant" ones.

(Page 7 of 8)



When one of the First Platoon M.P.'s, Specialist Corey E. Jones, was sent to Mr. Dilawar's cell to give him some water, he said the prisoner spit in his face and started kicking him. Specialist Jones responded, he said, with a couple of knee strikes to the leg of the shackled man.

"He screamed out, 'Allah! Allah! Allah!' and my first reaction was that he was crying out to his god," Specialist Jones said to investigators. "Everybody heard him cry out and thought it was funny."

Other Third Platoon M.P.'s later came by the detention center and stopped at the isolation cells to see for themselves, Specialist Jones said.

It became a kind of running joke, and people kept showing up to give this detainee a common peroneal strike just to hear him scream out 'Allah,' " he said. "It went on over a 24-hour period, and I would think that it was over 100 strikes."

In a subsequent statement, Specialist Jones was vague about which M.P.'s had delivered the blows. His estimate was never confirmed, but other guards eventually admitted striking Mr. Dilawar repeatedly.

Many M.P.'s would eventually deny that they had any idea of Mr. Dilawar's injuries, explaining that they never saw his legs beneath his jumpsuit. But Specialist Jones recalled that the drawstring pants of Mr. Dilawar's orange prison suit fell down again and again while he was shackled.

"I saw the bruise because his pants kept falling down while he was in standing restraints," the soldier told investigators. "Over a certain time period, I noticed it was the size of a fist."

As Mr. Dilawar grew desperate, he began crying out more loudly to be released. But even the interpreters had trouble understanding his Pashto dialect; the annoyed guards heard only noise.

"He had constantly been screaming, 'Release me; I don't want to be here,' and things like that," said the one linguist who could decipher his distress, Abdul Ahad Wardak.

The Interrogation

On Dec. 8, Mr. Dilawar was taken for his fourth interrogation. It quickly turned hostile.

The 21-year-old lead interrogator, Specialist Glendale C. Walls II, later contended that Mr. Dilawar was evasive. "Some holes came up, and we wanted him to answer us truthfully," he said. The other interrogator, Sergeant Salcedo, complained that the prisoner was smiling, not answering questions, and refusing to stay kneeling on the ground or sitting against the wall.

The interpreter who was present, Ahmad Ahmadzai, recalled the encounter differently to investigators.

The interrogators, Mr. Ahmadzai said, accused Mr. Dilawar of launching the rockets that had hit the American base. He denied that. While kneeling on the ground, he was unable to hold his cuffed hands above his head as instructed, prompting Sergeant Salcedo to slap them back up whenever they began to drop.

"Selena berated him for being weak and questioned him about being a man, which was very insulting because of his heritage," Mr. Ahmadzai said.

When Mr. Dilawar was unable to sit in the chair position against the wall because of his battered legs, the two interrogators grabbed him by the shirt and repeatedly shoved him back against the wall.

"This went on for 10 or 15 minutes," the interpreter said. "He was so tired he couldn't get up."

"They stood him up, and at one point Selena stepped on his bare foot with her boot and grabbed him by his beard and pulled him towards her," he went on. "Once Selena kicked Dilawar in the groin, private areas, with her right foot. She was standing some distance from him, and she stepped back and kicked him.

"About the first 10 minutes, I think, they were actually questioning him, after that it was pushing, shoving, kicking and shouting at him," Mr. Ahmadzai said. "There was no interrogation going on."

The session ended, he said, with Sergeant Salcedo instructing the M.P.'s to keep Mr. Dilawar chained to the ceiling until the next shift came on.

The next morning, Mr. Dilawar began yelling again. At around noon, the M.P.'s called over another of the interpreters, Mr. Baerde, to try to quiet Mr. Dilawar down.

"I told him, 'Look, please, if you want to be able to sit down and be released from shackles, you just need to be quiet for one more hour."

"He told me that if he was in shackles another hour, he would die," Mr. Baerde said.

Half an hour later, Mr. Baerde returned to the cell. Mr. Dilawar's hands hung limply from the cuffs, and his head, covered by the black hood, slumped forward.

"He wanted me to get a doctor, and said that he needed 'a shot,' " Mr. Baerde recalled. "He said that he didn't feel good. He said that his legs were hurting."

Mr. Baerde translated Mr. Dilawar's plea to one of the guards. The soldier took the prisoner's hand and pressed down on his fingernails to check his circulation.

"He's O.K.," Mr. Baerde quoted the M.P. as saying. "He's just trying to get out of his restraints."

Page 8 of 8)


By the time Mr. Dilawar was brought in for his final interrogation in the first hours of the next day, Dec. 10, he appeared exhausted and was babbling that his wife had died. He also told the interrogators that he had been beaten by the guards.

"But we didn't pursue that," said Mr. Baryalai, the interpreter.

Specialist Walls was again the lead interrogator. But his more aggressive partner, Specialist Claus, quickly took over, Mr. Baryalai said.

"Josh had a rule that the detainee had to look at him, not me," the interpreter told investigators. "He gave him three chances, and then he grabbed him by the shirt and pulled him towards him, across the table, slamming his chest into the table front."

When Mr. Dilawar was unable to kneel, the interpreter said, the interrogators pulled him to his feet and pushed him against the wall. Told to assume a stress position, the prisoner leaned his head against the wall and began to fall asleep.

"It looked to me like Dilawar was trying to cooperate, but he couldn't physically perform the tasks," Mr. Baryalai said.

Finally, Specialist Walls grabbed the prisoner and "shook him harshly," the interpreter said, telling him that if he failed to cooperate, he would be shipped to a prison in the United States, where he would be "treated like a woman, by the other men" and face the wrath of criminals who "would be very angry with anyone involved in the 9/11 attacks." (Specialist Walls was charged last week with assault, maltreatment and failure to obey a lawful order; Specialist Claus was charged with assault, maltreatment and lying to investigators. Each man declined to comment.)

A third military intelligence specialist who spoke some Pashto, Staff Sgt. W. Christopher Yonushonis, had questioned Mr. Dilawar earlier and had arranged with Specialist Claus to take over when he was done. Instead, the sergeant arrived at the interrogation room to find a large puddle of water on the floor, a wet spot on Mr. Dilawar's shirt and Specialist Claus standing behind the detainee, twisting up the back of the hood that covered the prisoner's head.

"I had the impression that Josh was actually holding the detainee upright by pulling on the hood," he said. "I was furious at this point because I had seen Josh tighten the hood of another detainee the week before. This behavior seemed completely gratuitous and unrelated to intelligence collection."

"What the hell happened with that water?" Sergeant Yonushonis said he had demanded.

"We had to make sure he stayed hydrated," he said Specialist Claus had responded.

The next morning, Sergeant Yonushonis went to the noncommissioned officer in charge of the interrogators, Sergeant Loring, to report the incident. Mr. Dilawar, however, was already dead.

The Post-Mortem

The findings of Mr. Dilawar's autopsy were succinct. He had had some coronary artery disease, the medical examiner reported, but what caused his heart to fail was "blunt force injuries to the lower extremities." Similar injuries contributed to Mr. Habibullah's death.

One of the coroners later translated the assessment at a pre-trial hearing for Specialist Brand, saying the tissue in the young man's legs "had basically been pulpified."

"I've seen similar injuries in an individual run over by a bus," added Lt. Col. Elizabeth Rouse, the coroner, and a major at that time.

After the second death, several of the 519th Battalion's interrogators were temporarily removed from their posts. A medic was assigned to the detention center to work night shifts. On orders from the Bagram intelligence chief, interrogators were prohibited from any physical contact with the detainees. Chaining prisoners to any fixed object was also banned, and the use of stress positions was curtailed.

In February, an American military official disclosed that the Afghan guerrilla commander whose men had arrested Mr. Dilawar and his passengers had himself been detained. The commander, Jan Baz Khan, was suspected of attacking Camp Salerno himself and then turning over innocent "suspects" to the Americans in a ploy to win their trust, the military official said.

The three passengers in Mr. Dilawar's taxi were sent home from Guant�namo in March 2004, 15 months after their capture, with letters saying they posed "no threat" to American forces.

They were later visited by Mr. Dilawar's parents, who begged them to explain what had happened to their son. But the men said they could not bring themselves to recount the details.

"I told them he had a bed," said Mr. Parkhudin. "I said the Americans were very nice because he had a heart problem."

In late August of last year, shortly before the Army completed its inquiry into the deaths, Sergeant Yonushonis, who was stationed in Germany, went at his own initiative to see an agent of the Criminal Investigation Command. Until then, he had never been interviewed.

"I expected to be contacted at some point by investigators in this case," he said. "I was living a few doors down from the interrogation room, and I had been one of the last to see this detainee alive."

Sergeant Yonushonis described what he had witnessed of the detainee's last interrogation. "I remember being so mad that I had trouble speaking," he said.

He also added a detail that had been overlooked in the investigative file. By the time Mr. Dilawar was taken into his final interrogations, he said, "most of us were convinced that the detainee was innocent."

###

Thursday, May 19, 2005

MUST SEE WEBSITE

Sunday, May 08, 2005

PASTOR SAYS ONLY BUSH SUPPORTS MAY ATTEND CHURCH

http://worldnetdaily.com/news/article.asp?ARTICLE_ID=44152

A Baptist pastor in North Carolina has touched off an exodus in his church by declaring Democrats are not welcome as members.

The Rev. Chan Chandler of East Waynesville Baptist Church in Waynesville ex-communicated nine members who refuse to support President Bush, according to WLOS-TV in Asheville, N.C.

Another 40 have left in protest in a controversy that began before the election last November and came to a head Sunday.

Chandler insists he's acting according to the Word of God, acknowledging in a sermon Sunday he has upset church members by calling them out for their political loyalties.

But WLOS said Chandler, who could not be reached for comment, has insisted his actions are not politically motivated.

Church member Lewis Inman said to the Asheville station: "[Chandler] told us that if we didn't support George Bush we needed to resign our position and get out, or go to the altar and repent, and support George Bush."

Among the ex-communicated were leaders who had been in the church 30 or 40 years.

"The members that were there even stood up and applauded that we left," an outgoing church member said.

Former member Frank Lowe told WLOS: "He says if we supported John Kerry, we have supported abortion and homosexuality."

But Lowe and other departed members insist they don't agree to those stances.

Responding to the news, the Rev. Dr. C. Welton Gaddy, president of The Interfaith Alliance, a left-leaning group, issued a statement.

"This sad spectacle is the predictable consequence of the Religious Right's insistence on measuring a person’s religion by social-political litmus tests," Gaddy said.

"Not only does the pastor's reported action violate both the spirit and substance of the United States Constitution's provisions of religious liberty, it also offends the conscience of people who understand religion in terms of the realm of the spirit, not votes in a presidential election."

Addressing the Baptist pastor's call for repentance on the part of those who didn't vote for Bush, Gaddy said, "The screaming need is for repentance among those who would tie religion to partisan politics."

A contributor to the leading liberal weblog Daily Kos wrote: "For those that thought that there has not been a full scale war lanched against liberals; for those who didn't take the radical right's promise to "eradicate liberals" seriously, I present to you, Exhibit A: East Waynesville Baptist Church has just kicked out all its Democratic members."

In a later post, the contributor commented: "This isn't a 'culture' war, people. This isn't some sort of political game. This action merely foreshadows what is to come: the radical religious right seeking to impose a theocracy upon this nation. Purge the liberals from society.

"Welcome to the Blue Scare. Welcome to Grade-A, government-sanctioned McCarthyism against liberals and against anyone who doesn't embrace their distorted worldview. Here is the face of the American jihad."
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MORE...


Minister ex-communicates
Democrat church members
Baptist pastor reportedly insisted
supporting president is God's will

http://www.washingtonpost.com/wp-dyn/content/article/2005/05/06/AR2005050601317.html

Dempcrats Booted From N.C. Church Over Politics

WAYNESVILLE, N.C. -- A pastor of a small Baptist church led an effort to kick out church members because they didn't support President Bush, members said

The nine members were voted out at a Monday meeting of the East Waynesville Baptist Church in this mountain town about 120 miles west of Charlotte. WLOS-TV in Asheville reported that 40 other members resigned in protest.

"It's all over politics," said Selma Morris, the church's treasurer. "We've never had a pastor like that before."

Pastor Chan Chandler had told the congregation before last year's presidential election that anyone who planned to vote for Democratic Sen. John Kerry should either leave the church or repent, said Lorene Sutton, who said she and her husband were voted out of the church this week.

"He's the kind of pastor who says do it my way or get out," she said. "He's real negative all the time."

Morris said some church members left after Chandler made his ultimatum in October.

Chandler didn't return a message left by The Associated Press at his home Friday, and several calls to the church went unanswered. He told WLOS that the actions were not politically motivated.

North Carolina Democratic Party Chairman Jerry Meek sharply criticized the pastor Friday, saying Chandler jeopardized his church's tax-free status by openly supporting a candidate for president.

"If these reports are true, this minister is not only acting extremely inappropriately by injecting partisan politics into a house of worship, but he is also potentially breaking the law," Meek said.

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more on this ...

http://www.chicagotribune.com/news/nationworld/chi-0505080215may08,1,6246571.story?coll=chi-newsnationworld-hed&ctrack=1&cset=true"WAYNESVILLE, NORTH CAROLINA -- Some members of a small Baptist church say their pastor led a charge last week to kick out nine members because they don't support President Bush.

They said Pastor Chan Chandler told the congregation before last year's election that they should support Bush and that anyone who planned to vote for Democrat John Kerry should get up and leave.

Selma Morris, a member and treasurer of East Waynesville Baptist Church, said some members of the church left in October when Chandler first made his ultimatum.

Chandler told WLOS-TV in Asheville that the actions were not politically motivated, and then hung up."