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The Obama administration has asked an appeals court to dismiss a lawsuit accusing former Bush administration attorney John Yoo of authorizing the torture of a terrorism suspect, saying federal law does not allow damage claims against lawyers who advise the president on national security issues. Yoo, a UC Berkeley law professor, worked for the Justice Department from 2001 to 2003. He was the author of a 2002 memo that said rough treatment of captives amounts to torture only if it causes the same level of pain as "organ failure, impairment of bodily function or even death." The memo also said the president may have the power to authorize torture of enemy combatants. In the current lawsuit, Jose Padilla, now serving a 17-year sentence for conspiring to aid Islamic extremist groups, accuses Yoo of devising legal theories that justified what he claims was his illegal detention and abusive interrogation. The Justice Department represented Yoo until June, when a federal judge in San Francisco ruled that the suit could proceed. The department then bowed out, citing unspecified conflicts, and was replaced by a government-paid private lawyer. Padilla, a U.S. citizen, was ... held for three years and eight months in a Navy brig, where, according to his suit, he was subjected to sleep deprivation, sensory deprivation and stress positions, kept for lengthy periods in darkness and blinding light, and threatened with death to himself and his family.

Note: For lots more on government attacks on civil liberties, click here.

The Justice Department increasingly has refused to prosecute FBI cases targeting suspected terrorists over the past five years, according to private researchers who reviewed department records. The report being released Monday by the Transactional Records Access Clearinghouse at Syracuse University raises questions about the quality of the FBI's investigations. Prosecutors declined to bring charges in 131 of 150, or 87 percent, of international terrorist case referrals from the FBI between October 2005 and June 2006. That number marks the peak of generally steady increases from the 2001 budget year, when prosecutors rejected 33 percent of such cases from the FBI. The data "raise troubling questions about the bureau's investigation of criminal matters involving individuals the government has identified as international terrorists," the report said. It noted that prosecutions in traditional FBI investigations since 2001—including drug cases, white collar crimes and organized crimes—have decreased while the number of agents and other employees has risen. "So with more special agents, many more intelligence analysts, and many fewer prosecutions the question must be asked: What is the FBI doing?" the report said.

Note: With the current administration's frequent claims to be tough on terrorism, does this make any sense? Could it be that some of the accused are being protected from prosecution?

If we believe what we see in the media, the world is on fire. The impression we get is that conflicts are increasing all around the globe while the stockpile of deadly weapons constantly expands. All this is very troubling—and quite untrue. The exhaustive Human Security Report offers a very different picture of our world. The 2005 report finds clear evidence that the world is becoming a more peaceful place. Myth 1: War is spreading. Yes, the number of armed conflicts increased sharply after World War II, but has just as sharply declined since 1991. In the last 15 years...the number of armed conflicts and wars actually fell at least 40 percent. The number of genocides and political murders declined by no less than 80 percent. In 1950, the average conflict claimed the lives of 38,000 people, while in 2002 that figure was 600, a decline of 98 percent. Myth 2: The weapons arsenal is increasing. International arms trade fell 33 percent between 1990 and 2000, and as a percentage of the value of the world economy, defence spending declined from 4.2 to 2.7 percent. Myth 3: Civilians are the vast majority of war victims. In the most recent wars, civilians account for somewhere between 30 and 60 percent of deaths. Myth 4: Women are the primary victims of war. War continues to be waged by men, against men. Ninety percent of the victims are men. Myth 5: Terrorism is the biggest threat in the world. Over the past 30 years, an average of slightly less than 3,000 people have died at the hands of terrorists each year. The chance of being a victim of terrorism remains exceptionally small. Between alleged and real threats, there is often little correlation.

The president has...managed to kill the writ of habeas corpus. Tonight, a special investigation, how that, in turn, kills nothing less than your Bill of Rights. Because the Mark Foley story began to break on the night of September 28...many people may not have noticed the bill passed by the Senate that night. Congress passed the Military Commission’s Act to give Mr. Bush the power to deal effectively with America’s enemies—those who seek to harm the country. He has been very clear on who he thinks that is. GEORGE W. BUSH: For people to leak that program and for a newspaper to publish it does great harm to the United States of America. That fact that we’re discussing this program is helping the enemy. OLBERMANN: So, the president said it was urgent that Congress send him this bill as quickly as possible, not for the politics of next month’s elections, but for America. One bit of trivia that caught our eye was the elimination of habeas corpus, which apparently used to be the right of anyone who’s tossed in prison to appear in court and say “Hey, why am I in prison?” COUNTDOWN has obtained a copy of [the] “Constitution” of the United States, and sources tell us it was originally sneaked through the constitutional convention and state ratification in order to establish America’s fundamental legal principles. There’s only one reference to habeas corpus: “The privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it.”

For all 43 retired generals and admirals, it was a combination of moral outrage and deep disgust over President Bush's proposed legislation on interrogating terrorist suspects that propelled them. "None of us feels comfortable speaking out publicly," said retired Rear Adm. John D. Hutson, who served as the Navy's judge advocate general from 1997 to 2000. "That's not the nature of what military officers do. [But we] care very, very much about the country and the military." The group of retired flag officers first came together in 2005, when a dozen of them signed a letter opposing the nomination of Alberto Gonzales as attorney general for his role in developing Bush's policies on torture in the war on terror. Late last year, they supported Sen. John McCain's (R-Ariz.) ban on cruel and inhumane treatment of detainees in U.S. custody anywhere in the world. The retired officers believe that the negative consequences of the president's anti-terror policies could have been avoided if the administration had followed traditional military practices. No higher-ups were prosecuted for the abuses uncovered at Abu Ghraib and elsewhere. What further fuels the officers' outrage is that the policies they believe have undermined the military were mostly formulated by men, like Bush, who have not seen combat. "Cheney made mention in the days after 9/11 that he wanted to operate sort of on the dark side," [Brig. Gen. James] Cullen said. "Here was a guy who never served, and now something terrible had happened, and he wanted to show that he was a tough guy?.So he's going to operate outside the rules of law. Bad message."

CIA counterterrorism officers have signed up in growing numbers for a government-reimbursed, private insurance plan that would pay their civil judgments and legal expenses if they are sued or charged with criminal wrongdoing. The new enrollments reflect heightened anxiety at the CIA that officers may be vulnerable to accusations they were involved in abuse, torture, human rights violations and other misconduct, including wrongdoing related to the Sept. 11, 2001, attacks. The anxieties stem partly from public controversy about a system of secret CIA prisons in which detainees were subjected to harsh interrogation methods, including temperature extremes and simulated drowning. The White House contends the methods were legal, but some CIA officers have worried privately that they may have violated international law. Bush last week called for Congress to approve legislation drafted by the White House that would exempt CIA officers and other federal civilian officials from prosecution for humiliating and degrading terrorism suspects. Agency officials said that interest has been stoked over the years by the $2 million legal bill incurred by CIA officer Clair George before his 1992 conviction for lying to Congress about the Iran-contra arms sales; by the Justice Department's lengthy investigation of CIA officers for allegedly lying to Congress about the agency's role in shooting down a civilian aircraft in 2001 in Peru; and by other events. One former intelligence official said CIA officers have recently expressed concern that lawsuits will erupt if details of the agency's internal probe of wrongdoing related to the September 2001 attacks become public.

Already the world's largest producer of opium, Afghanistan's 2006 output has soared a staggering 59 percent, according to a survey by the U.N.'s drug control program. So this year, the country that the United States invaded five years ago to stabilize will produce 16,000 tons of opium. Drugs now make up more than half of gross domestic product. Top government officials are tied to the drug trade. Corruption runs rampant. Addiction rates in Afghanistan and neighboring Central Asia, Iran and Pakistan are skyrocketing.

Note: How is it possible that the opium production continues to skyrocket in Afghanistan, when it was decimated the year before the U.S. invaded Afghanistan? For a possible answer, click here.

The Bush administration is rushing a delivery of precision-guided bombs to Israel, which requested the expedited shipment last week after beginning its air campaign against Hezbollah targets in Lebanon, American officials said Friday. The decision to quickly ship the weapons to Israel was made with relatively little debate within the Bush administration. Israel's request for expedited delivery of the satellite and laser-guided bombs was described as unusual by some military officers, and as an indication that Israel still had a long list of targets in Lebanon to strike. The new American arms shipment to Israel has not been announced publicly, and the officials who described the administration's decision to rush the munitions to Israel would discuss it only after being promised anonymity. Pentagon and military officials declined to describe in detail the size and contents of the shipment to Israel.

Hunting for guerillas, handling roadside bombs, crawling across the caves and crumbling towns of Afghanistan and Iraq -- all of that was just a start. Now, the Army is prepping its squad of robotic vehicles for a new set of assignments. And this time, they'll be carrying guns. "Putting something like this into the field, we're about to start something that's never been done before," said Staff Sgt. Santiago Tordillos, waving to the black, 2-foot-six-inch robot rolling around the carpeted floor on twin treads, an M249 machine gun cradled in its mechanical grip. "This opens up great vistas, some quite pleasant, others quite nightmarish. On the one hand, this could make our flesh-and-blood soldiers so hard to get to that traditional war -- a match of relatively evenly matched peers -- could become a thing of the past," he said. "But this might also rob us of our humanity. We could be the ones that wind up looking like Terminators, in the world's eyes."

The planned detonation of 700 tons of conventional explosives in the Nevada desert next month was postponed indefinitely Friday because of fears over the possible spread of radiation. The detonation site for the blast, known as "Divine Strake," is at the Nevada Test Site, which is 65 miles northwest of Las Vegas. The plan was to detonate 1.4 million pounds of fuel oil and fertilizer -- 280 times the amount used in the 1995 Oklahoma City bombing. The prospect has drawn critics, who say the explosion could kick radiation-laced soil into the air, and conspiracists, who say the blast is a front for testing new nuclear weapons.

Note: Many thanks to all of you who emailed expressing concern about Divine Strake and were part of the movement to have this test stopped. Together, we make a difference!

The Pentagon has secretly shipped tens of thousands of small arms from Bosnia to Iraq in the past two years, using a web of private companies, at least one of which is a noted arms smuggler blacklisted by Washington and the UN. The US government arranged for the delivery of at least 200,000 Kalashnikov machine guns from Bosnia to Iraq in 2004-05. But though the weaponry was said to be for arming the fledgling Iraqi military, there is no evidence of the guns reaching their recipient. The command force in Iraq...and the overseeing US general, had claimed "not to have ... received any weapons from Bosnia." A Nato official.. told Amnesty: "There is no tracking mechanism to ensure they do not fall into the wrong hands." The Moldovan air firm which flew the cargo out of a US air base at Tuzla, north-east Bosnia, was flying without a licence. The firm, Aerocom, [was] named in a 2003 UN investigation of the diamonds-for-guns trade in Liberia and Sierra Leone. Some of the firms used in the Pentagon sponsored deals were also engaged in illegal arms shipments from Serbia and Bosnia to Liberia and to Saddam Hussein four years ago. The Pentagon commissioned the US security firms Taos and CACI - which is known for its involvement in the Abu Ghraib prison controversy in Iraq - to orchestrate the arms purchases and shipments.

Divine Strake is the code name for a massive non-nuclear test planned for June 2. An explosion of 700 tons of ammonium nitrate and fuel oil - ANFO - will send a mushroom cloud perhaps 10,000 feet into the Nevada sky. I suppose reasonable people can disagree about whether to test, but Utahns, downwind from so many nuclear tests that were supposed to be safe, yet turned out to be deadly, can be forgiven if they're wary. What makes me go nuclear is the use of "Divine" in the name. I've really had it with the Bush administration positioning things like they were ordered up by God. There are at least nine other divine tests on the books, including Divine Warhawk and, to really prove the point, Divine Hates. We ignore poor people...we turn our backs on genocide, and we spend our vast wealth and waste our sharp minds on war. Then we name the effort after deity. As if this experiment is ordained by God. Could this be why people hate us? We see people across the globe possessed by such a religious vehemence that their humanity is ruined. Crazed with bloodlust, they must destroy human life, American life, to prove God is on their side. Americans find this indefensible. Then why is President Bush's team putting the language of the holy to our war efforts? I can only wonder what God might really think of America's "Divine" projects. Who would Jesus bomb? If we fail to grasp that lesson, if we keep confusing the unholy with the sacred, our jihad looks a lot like theirs.

A Pentagon test at a Nevada site this June will likely create the first mushroom cloud seen in the state since the United States ceased above-ground nuclear testing in 1963. Mushroom clouds are commonly associated with nuclear blasts, but this cloud will come from the detonation of a 700-ton explosive charge designed to test new bunker-busting technologies. Most Nevada residents, however, will never see the cloud because the test will take place in the desert -- far away from population centers. The closest city, Las Vegas, is about 90 miles away from test site. Regardless, the military will put out the word to Las Vegas residents that they shouldn't be alarmed in the unlikely chance that they see a mushroom cloud on the horizon. Mountains surround the flat Nevada site where the test will be conducted. The Defense Threat Reduction Agency hopes the test -- called Divine Strake -- will help with the effort to develop weapons that can destroy deep underground bunkers storing nuclear, chemical or biological weapons. The yet-to-be built Robust Nuclear Earth Penetrator has raised opposition from some members of Congress who worry the technology will open the door to a new generation of nuclear weapons.

The CIA is conducting a cyber-war game this week geared to simulate a major Internet attack by enemy computer hackers, an intelligence official said Thursday. Dubbed "Silent Horizon," the three-day unclassified exercise is based on a scenario set five years in the future and involves participants from government and the private sector. Online crime has exploded in recent years, a result of organized crime groups based in Eastern Europe. But investigators so far have uncovered few links to Islamic extremists.

Note: Do you think it is the terrorists who want to shut down the Internet, or might there be political elites who don't want their hidden agendas exposed?

The Pentagon is asking Congress for hundreds of millions of dollars to test weapons in space, marking the biggest step toward creating a space battlefield since President Reagan's long-defunct "star wars" project. The Defense Department's budget proposal...includes money for a variety of tests on offensive and defensive weapons. Arms-control specialists fear the tests will push the military closer to basing weapons in space than during Reagan's Strategic Defense Initiative in the mid-1980s -- without a public debate of the potential consequences. The descriptions included in the budget request mark only what is publicly known about the military's space warfare plans. Specialists believe the classified portion of the $439 billion budget, blacked out for national security reasons, almost certainly includes other space-related programs. Under President Bush, the White House has emphasized what's known as "space dominance" -- the notion that the United States must command space to defend the nation, but the budget request marks a transition from laboratory theory to reality. The Bush administration has sought to keep the military's options open despite international opposition to weapons in space.

The Bush administration had to empty its secret prisons and transfer terror suspects to the military-run detention centre at Guantánamo this month in part because CIA interrogators had refused to carry out further interrogations and run the secret facilities. When Mr Bush announced the suspension of the secret prison programme in a speech before the fifth anniversary of the September 11 terror attacks, some analysts thought he was trying to gain political momentum before the November midterm congressional elections. Former CIA officials said Mr Bush's hand was forced because interrogators had refused to continue their work until the legal situation was clarified because they were concerned they could be prosecuted for using illegal techniques. One intelligence source also said the CIA had refused to keep the secret prisons going.

Democratic Rep. Dennis Kucinich, who unsuccessfully ran for president in 2004, said Monday he is planning another bid because his party isn't pushing hard enough to end the Iraq war. The liberal, anti-war Ohio congressman said he was inspired to run because he disagrees with the way some of his fellow Democrats are handling the war, including approval of a proposal to spend $160 billion more on the conflict. "Democrats were swept into power on Nov. 7 because of widespread voter discontent with the war in Iraq," said Kucinich, 60. "Instead of heeding those concerns and responding with a strong and immediate change in policies and direction, the Democratic congressional leadership seems inclined to continue funding the perpetuation of the war." The anti-war message was also the cornerstone of Kucinich's 2004 bid, which drew support from some Hollywood celebrities. His previous presidential proposals also have included a national peace department and a single-payer, universal health care system.

Note: Coverage of the occasional successes of Dennis Kucinich in the 2004 Democratic primary campaign were clearly suppressed. When Kucinich took second place in Hawaii with 26% of the vote, almost twice the 14% of John Edwards, most major media gave Edwards name, but didn't even mention Kucinich, saying only that a "third candidate" took second place. The media seem not to like anti-war candidates.

The U.S. Marine Corps has threatened to punish two members of the military legal team representing a terrorism suspect being held at Guantanamo Bay if they continue to speak publicly about reported prisoner abuse, a civilian lawyer from the defense team said Saturday. The action directed at Lt. Col. Colby Vokey and Sgt. Heather Cerveny follows their report last week that Guantanamo guards bragged about beating detainees. The order has heightened fears among the military defense lawyers for Guantanamo prisoners that their careers will suffer for exposing flaws and injustices in the system. Defense lawyers for Guantanamo prisoners say the personal stakes are high and point to the Navy's failure to promote Lt. Cmdr. Charles Swift after he successfully challenged the legitimacy of the Pentagon's war-crimes commissions. Two weeks after the Supreme Court ruled the commissions unconstitutional and lacking in due process, Swift was passed over for advancement and will be forced by the Navy's up-or-out policy to retire by summer. At least three other military defense lawyers for the 10 charged terrorism suspects have also been passed over for promotion in what some consider a subtle reprimand of their vigorous defense of their clients.

Eighty-nine Democratic members of the U.S. Congress last week sent President George W. Bush a letter asking for explanation of a secret British memo that said "intelligence and facts were being fixed" to support the Iraq war in mid-2002. The timing of the memo was well before the president brought the issue to Congress for approval. The Times of London newspaper published the memo -- actually minutes of a high-level meeting on Iraq held July 23, 2002 -- on May 1. British officials did not dispute the document's authenticity.

Michael Berg, whose son Nick was beheaded in Iraq in 2004, said on Thursday he felt no sense of relief at the killing of the al Qaeda leader in Iraq and blamed President Bush for his son's death. The United States said its aircraft killed Abu Musab al-Zarqawi, the insurgent leader who masterminded the death of hundreds in suicide bombings and was blamed for the videotaped beheading of Nick Berg, a U.S. contractor, and other captives. "I don't think that Zarqawi is himself responsible for the killings of hundreds of thousands of people in Iraq," Berg said in a combative television interview with the U.S. Fox News network. Berg said Bush was to blame for the torture of Iraqi prisoners by U.S. soldiers at Abu Ghraib prison near Baghdad. "Yeah, like George Bush didn't OK the torture and death and rape of people in the Abu Ghraib prison for which my son was killed in retaliation?" Zarqawi's organization took responsibility for the execution of Nick Berg in May 2004. The video was published with a caption saying: "Abu Musab al-Zarqawi slaughtering an American." When an Islamist Web site showed the video of a man severing Berg's head, the CIA said Zarqawi was probably the one wielding the knife. The father said he was not convinced. "I have been lied to by my own government," he told Reuters on Thursday.

Note: There are many very strange circumstances surrounding the beheading of Nick Berg. For a report from Australia's leading newspaper on this, see http://www.WantToKnow.info/nickberg

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