Tuesday, March 30, 2010

Been Remiss

It's been a week.  Don't usually take that long to post.  Been on "spring break" as I do teach.  Got a bum hip which has made things a little weird.  Still, I feel I need to say something.  While vacationing, I watch with some horror  the fact that folks who can present zombie portraits of Obama and talk of his socialist nature get mainstream coverage.  The entire idea is absurd.  We also resound with veiled talk of armed rebellion.  I can recall when last I felt that sort of threat..  It was back in the  1960's  when "us versus them" was chatted up, but it wasn't broadly real as a concept.  Things are worse now.  I' ll be more actively communicative once the annoying hip pain has been dealt with.  More to come.

Friday, March 19, 2010

McCain and Lieberman's "Enemy Belligerent" Act Could Set U.S. on Path to Military Dictatorship

Glenn Greenwald calls the bill "probably the single most extremist, tyrannical and dangerous bill introduced in the Senate in the last several decades."
March 19, 2010  |  
 
Senator John McCain (L) of Arizona listens as Senator Joe Lieberman (R) of Connecticut speaks during a press conference in Washington, DC. The two senators unveiled legislation Thursday aimed at requiring that suspected "high-value" terrorists face interrogation and trial by the US military, not civilian questioners and courts.
Photo Credit: AFP/File - Saul Loeb
 
 

On March 4th, Senators John McCain and Joe Lieberman introduced a bill called the "Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010" that, if passed, would set this country on a course to become a military dictatorship.

The bill is only 12 pages long, but that is plenty of room to grant the president the power to order the arrest, interrogation, and imprisonment of anyone -- including a U.S. citizen -- indefinitely, on the sole suspicion that he or she is affiliated with terrorism, and on the president's sole authority as commander in chief.

The Act begins with the following (convoluted) requirement:
Whenever within the United States, its territories, and possessions, or outside the territorial limits of the United States, an individual is captured or otherwise comes into the custody or under the effective control of the United States who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism, or by other means in violation of the laws of war, or of purposely and materially supporting such hostilities, and who may be an unprivileged enemy belligerent, the individual shall be placed in military custody for purposes of initial interrogation and determination of status in accordance with the provisions of this Act.
In other words, if at any point, anywhere in the world, a person is caught who might have done something to suggest that he or she is a terrorist or somehow supporting a terrorist organization against the U.S. or its allies, that person must be imprisoned by the military.

For how long?

As long as U.S. officials want. A subsequent section, titled "Detention Without Trial of Unprivileged Enemy Belligerents," states that suspects "may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners." In a press conference introducing the bill earlier this month, Sen. Joe Lieberman said, "I know that will be -- that may be -- a long time, but that's the nature of this war."

As constitutional expert Glenn Greenwald has pointed out, "It's basically a bill designed to formally authorize what the Bush administration did to American citizen Jose Padilla -- arrest him on U.S. soil and imprison him for years in military custody with no charges." What happened to Padilla, a notorious perversion of justice in a country that claims to be a democratic standard-bearer, would thus go from being an exception to the rule itself.

As "war on terror"-era legislation goes, Greenwald calls the Enemy Belligerent Interrogation, Detention, and Prosecution Act "probably the single most extremist, tyrannical and dangerous bill introduced in the Senate in the last several decades, far beyond the horrific, habeas-abolishing Military Commissions Act." This is a sobering statement, especially given the intense controversy the MCA generated at the time of its passage, in the heady weeks preceding the 2006 midterm elections. Then-Senator Obama was one of only 34 senators who voted against it, calling it "sloppy," and expressing his wish that "cooler heads … prevail after the silly season of politics is over."

Now, however, as president, Obama has helped pave the way for such radical legislative efforts as the one introduced by McCain and Lieberman, by embracing -- and re-branding -- the military commissions he once opposed.

"Belligerents" are the new "Combatants"

Three years after Obama eloquently opposed the Military Commissions Act, the now-president signed a Military Commissions Act of his own, as part of the 2010 Defense Authorization Bill. The law, which sought to overhaul the discredited Bush-era military commissions for "alien enemy combatants," introduced what is apparently turning out to be an important new term to the counterterror lexicon: Unprivileged Enemy Belligerent, defined as "an individual who: 1) has engaged in hostilities against the United States or its coalition partners; or 2) has purposefully and materially supported hostilities against the United States or its coalition partners."

Months before, in March of 2009, the Obama administration announced that it was phasing out the term "alien enemy combatant," even as it held on to the authority to hold terror suspects indefinitely. "Unprivileged Enemy Belligerent," then, was its replacement.

As Human Rights Watch attorney Joanne Mariner wrote last fall, "this is a cosmetic change, not a real improvement, which mirrors the administration's decision to drop the enemy combatant formula in habeas litigation at Guantanamo Bay."
What overshadows all of these differences is, however, a key similarity with the Bush-era definition. Just as, in the Guantanamo habeas litigation, the Obama administration has adopted the Bush-era position of claiming that persons who provide support to hostilities can be treated just like persons who engaged in hostilities, the new law's "unprivileged enemy belligerent" definition takes the same tack."
In other words, it is as expansive a definition of "terrorism" as possible.
In Obama's defense bill, the word "alien" preceded the term "unprivileged belligerents," in defining who can be held before a military commission. For McCain and Lieberman's purposes, omitting the word "alien" apparently means the label can apply to U.S. citizens, while, politically, the word "unpriviliged" provides a useful connotation: terror suspects will not be coddled like common criminals!

This now-familiar line is the one Senators McCain and Lieberman have taken in pushing their legislation. "These are not common criminals. They are war criminals,” Lieberman told reporters at his press conference with McCain. The bill now has eight Republican co-sponsors: Sen. Saxby Chambliss (GA), Sen. James Inhofe (OK), Sen. George LeMieux (FL), Sen. Jeff Sessions (AL), Sen. John Thune (SD), Sen. David Vitter (LA), Sen. Roger Wicker (MS), and the newly-elected Sen. Scott Brown (MA).

In case there was any doubt that terror suspects will have no rights under this law, the Right's cynical attack on Miranda rights has been conveniently inscribed into the Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010:
A individual who is suspected of being an unprivileged enemy belligerent shall not, during interrogation under this subsection, be provided the statement required by Miranda v. Arizona … or otherwise be informed of any rights that the individual may or may not have to counsel or to remain silent consistent with Miranda v. Arizona.
But what is perhaps most dangerous is the tremendous amount of power it gives to a U.S. president to determine who is and who is not a terrorist. Under the bill, the president would establish a 'high-value detainee interrogation group," comprised of Executive Branch experts "in matters relating to national security, terrorism, intelligence, interrogation, or law enforcement as the President considers appropriate." This group would be in charge of making a "preliminary determination whether or not the detainee is an unprivileged enemy belligerent … based on the result of its interrogation of the individual and on all intelligence information available to the interrogation group." Its findings would go to the Secretary of Defense and the Attorney General, who would "jointly submit to the President and to the appropriate committees of Congress a final determination whether or not the detainee is an unprivileged enemy belligerent."

"In the event of a disagreement between the Secretary of Defense and the Attorney General, the President shall make the final determination."

Also, all of this has to happen no more than 48 hours after the detainee is brought into military custody.
Where's the Controversy?
The Enemy Belligerent Interrogation, Detention, and Prosecution Act has yet to go anywhere -- it has been referred to the Senate Judiciary Committee -- which might account for the lack of discussion about it. But, especially coming from two politicians as influential as McCain and Lieberman -- "Serious Centrists" as Greenwald calls them, regularly "feted on Sunday shows" -- such a radical stab at authoritarian rule must be swiftly and loudly condemned.
"Why is the national security community treating the 'Enemy Belligerent, Interrogation, Detention, and Prosecution Act of 2010,' introduced by Sens. John McCain and Joseph Lieberman ... as a standard proposal, as a simple response to the administration's choices in the aftermath of the Christmas Day bombing attempt?" asked The Atlantic's Marc Ambinder this month, "A close reading of the bill suggests it would allow the U.S. military to detain U.S. citizens without trial indefinitely in the U.S. based on suspected activity."
This is a defining characteristic of a military dictatorship. Where's the outrage? And will it come before it's too late?

Wednesday, March 17, 2010

Revealed: Ashcroft, Tenet, Rumsfeld warned 9/11 Commission about ‘line’ it ’should not cross’


 

By Sahil Kapur

March 17, 2010 "
Raw Story" -- Senior Bush administration officials sternly cautioned the 9/11 Commission against probing too deeply into the terrorist attacks of September 11, 2001, according to a document recently obtained by the ACLU.The notification came in a letter dated January 6, 2004, addressed by Attorney General John Ashcroft, Defense Secretary Donald H. Rumsfeld and CIA Director George J. Tenet. The ACLU described it as a fax sent by David Addington, then-counsel to former vice president Dick Cheney.
In the message, the officials denied the bipartisan commission's request to question terrorist detainees, informing its two senior-most members that doing so would "cross" a "line" and obstruct the administration's ability to protect the nation.
"In response to the Commission's expansive requests for access to secrets, the executive branch has provided such access in full cooperation," the letter read. "There is, however, a line that the Commission should not cross -- the line separating the Commission's proper inquiry into the September 11, 2001 attacks from interference with the Government's ability to safeguard the national security, including protection of Americans from future terrorist attacks."
The 9/11 Commission, officially called the National Commission on Terrorist Attacks Upon the United States, was formed by President Bush in November of 2002 "to prepare a full and complete account of the circumstances surrounding the September 11, 2001 terrorist attacks" and to offer recommendations for preventing future attacks.
"The Commission staff's proposed participation in questioning of detainees would cross that line," the letter continued. "As the officers of the United States responsible for the law enforcement, defense and intelligence functions of the Government, we urge your Commission not to further pursue the proposed request to participate in the questioning of detainees."
FireDogLake's Marcy Wheeler speculates that this was an attempt by the Bush administration to ensure that its torture of certain detainees, which has since been widely documented, remained secret.
"[W]hoever made these annotations appears to have been most worried that Commission staff members could make independent judgments about the detainees and the interrogations," Wheeler wrote on her blog. The official "didn't want anyone to independently evaluate the interrogations conducted in the torture program."
Eventually, the commission's co-chairs harshly criticized the administration for having purportedly "destroyed" tapes of its interrogations with terror suspects, as Raw Story reported last year.
9/11 Commission members Thomas Kean and Lee H. Hamilton wrote that although US President George W. Bush had ordered all executive branch agencies to cooperate with the probe, "recent revelations that the CIA destroyed videotaped interrogations of Qaeda operatives leads us to conclude that the agency failed to respond to our lawful requests for information about the 9/11 plot."
"Those who knew about those videotapes — and did not tell us about them — obstructed our investigation."
They continued: “There could have been absolutely no doubt in the mind of anyone at the CIA — or the White House — of the commission’s interest in any and all information related to Qaeda detainees involved in the 9/11 plot.
"Yet no one in the administration ever told the commission of the existence of videotapes of detainee interrogations," Kean and Hamilton wrote.
The letter can be found on page 26 of the ACLU's set of unveiled documents.
 

Saturday, March 13, 2010

This a Repeat of an Earlier Post, Beyond Vietnam, Martin Luther King

Still totally relevant.  Please have a listen.

Speaking Truth To Power
A Time to Break Silence
By Rev. Martin Luther King
By 1967, King had become the country's most prominent opponent of the Vietnam War, and a staunch critic of overall U.S. foreign policy, which he deemed militaristic. In his "Beyond Vietnam" speech delivered at New York's Riverside Church on April 4, 1967 -- a year to the day before he was murdered -- King called the United States "the greatest purveyor of violence in the world today."
Time magazine called the speech "demagogic slander that sounded like a script for Radio Hanoi," and the Washington Post declared that King had "diminished his usefulness to his cause, his country, his people."

Beyond Vietnam: A Time to Break Silence
By Rev. Martin Luther King
4 April 1967
Speech delivered by Dr. Martin Luther King, Jr., on April 4, 1967, at a meeting of Clergy and Laity Concerned at Riverside Church in New York City

I come to this magnificent house of worship tonight because my conscience leaves me no other choice. I join with you in this meeting because I am in deepest agreement with the aims and work of the organization which has brought us together: Clergy and Laymen Concerned about Vietnam. The recent statement of your executive committee are the sentiments of my own heart and I found myself in full accord when I read its opening lines: "A time comes when silence is betrayal." That time has come for us in relation to Vietnam.

The truth of these words is beyond doubt but the mission to which they call us is a most difficult one. Even when pressed by the demands of inner truth, men do not easily assume the task of opposing their government's policy, especially in time of war. Nor does the human spirit move without great difficulty against all the apathy of conformist thought within one's own bosom and in the surrounding world. Moreover when the issues at hand seem as perplexed as they often do in the case of this dreadful conflict we are always on the verge of being mesmerized by uncertainty; but we must move on.

Some of us who have already begun to break the silence of the night have found that the calling to speak is often a vocation of agony, but we must speak. We must speak with all the humility that is appropriate to our limited vision, but we must speak. And we must rejoice as well, for surely this is the first time in our nation's history that a significant number of its religious leaders have chosen to move beyond the prophesying of smooth patriotism to the high grounds of a firm dissent based upon the mandates of conscience and the reading of history. Perhaps a new spirit is rising among us. If it is, let us trace its movement well and pray that our own inner being may be sensitive to its guidance, for we are deeply in need of a new way beyond the darkness that seems so close around us.

Over the past two years, as I have moved to break the betrayal of my own silences and to speak from the burnings of my own heart, as I have called for radical departures from the destruction of Vietnam, many persons have questioned me about the wisdom of my path. At the heart of their concerns this query has often loomed large and loud: Why are you speaking about war, Dr. King? Why are you joining the voices of dissent? Peace and civil rights don't mix, they say. Aren't you hurting the cause of your people, they ask? And when I hear them, though I often understand the source of their concern, I am nevertheless greatly saddened, for such questions mean that the inquirers have not really known me, my commitment or my calling. Indeed, their questions suggest that they do not know the world in which they live.

In the light of such tragic misunderstandings, I deem it of signal importance to try to state clearly, and I trust concisely, why I believe that the path from Dexter Avenue Baptist Church -- the church in Montgomery, Alabama, where I began my pastorate -- leads clearly to this sanctuary tonight.

I come to this platform tonight to make a passionate plea to my beloved nation. This speech is not addressed to Hanoi or to the National Liberation Front. It is not addressed to China or to Russia.

Nor is it an attempt to overlook the ambiguity of the total situation and the need for a collective solution to the tragedy of Vietnam. Neither is it an attempt to make North Vietnam or the National Liberation Front paragons of virtue, nor to overlook the role they can play in a successful resolution of the problem. While they both may have justifiable reason to be suspicious of the good faith of the United States, life and history give eloquent testimony to the fact that conflicts are never resolved without trustful give and take on both sides.

Tonight, however, I wish not to speak with Hanoi and the NLF, but rather to my fellow Americans, who, with me, bear the greatest responsibility in ending a conflict that has exacted a heavy price on both continents.

The Importance of Vietnam
Since I am a preacher by trade, I suppose it is not surprising that I have seven major reasons for bringing Vietnam into the field of my moral vision. There is at the outset a very obvious and almost facile connection between the war in Vietnam and the struggle I, and others, have been waging in America. A few years ago there was a shining moment in that struggle. It seemed as if there was a real promise of hope for the poor -- both black and white -- through the poverty program. There were experiments, hopes, new beginnings. Then came the buildup in Vietnam and I watched the program broken and eviscerated as if it were some idle political plaything of a society gone mad on war, and I knew that America would never invest the necessary funds or energies in rehabilitation of its poor so long as adventures like Vietnam continued to draw men and skills and money like some demonic destructive suction tube. So I was increasingly compelled to see the war as an enemy of the poor and to attack it as such.

Perhaps the more tragic recognition of reality took place when it became clear to me that the war was doing far more than devastating the hopes of the poor at home. It was sending their sons and their brothers and their husbands to fight and to die in extraordinarily high proportions relative to the rest of the population. We were taking the black young men who had been crippled by our society and sending them eight thousand miles away to guarantee liberties in Southeast Asia which they had not found in southwest Georgia and East Harlem. So we have been repeatedly faced with the cruel irony of watching Negro and white boys on TV screens as they kill and die together for a nation that has been unable to seat them together in the same schools. So we watch them in brutal solidarity burning the huts of a poor village, but we realize that they would never live on the same block in Detroit. I could not be silent in the face of such cruel manipulation of the poor.

My third reason moves to an even deeper level of awareness, for it grows out of my experience in the ghettoes of the North over the last three years -- especially the last three summers. As I have walked among the desperate, rejected and angry young men I have told them that Molotov cocktails and rifles would not solve their problems. I have tried to offer them my deepest compassion while maintaining my conviction that social change comes most meaningfully through nonviolent action. But they asked -- and rightly so -- what about Vietnam? They asked if our own nation wasn't using massive doses of violence to solve its problems, to bring about the changes it wanted. Their questions hit home, and I knew that I could never again raise my voice against the violence of the oppressed in the ghettos without having first spoken clearly to the greatest purveyor of violence in the world today -- my own government. For the sake of those boys, for the sake of this government, for the sake of hundreds of thousands trembling under our violence, I cannot be silent.

For those who ask the question, "Aren't you a civil rights leader?" and thereby mean to exclude me from the movement for peace, I have this further answer. In 1957 when a group of us formed the Southern Christian Leadership Conference, we chose as our motto: "To save the soul of America." We were convinced that we could not limit our vision to certain rights for black people, but instead affirmed the conviction that America would never be free or saved from itself unless the descendants of its slaves were loosed completely from the shackles they still wear. In a way we were agreeing with Langston Hughes, that black bard of Harlem, who had written earlier:


O, yes,
I say it plain,
America never was America to me,
And yet I swear this oath--
America will be!

Now, it should be incandescently clear that no one who has any concern for the integrity and life of America today can ignore the present war. If America's soul becomes totally poisoned, part of the autopsy must read Vietnam. It can never be saved so long as it destroys the deepest hopes of men the world over. So it is that those of us who are yet determined that America will be are led down the path of protest and dissent, working for the health of our land.

As if the weight of such a commitment to the life and health of America were not enough, another burden of responsibility was placed upon me in 1964; and I cannot forget that the Nobel Prize for Peace was also a commission -- a commission to work harder than I had ever worked before for "the brotherhood of man." This is a calling that takes me beyond national allegiances, but even if it were not present I would yet have to live with the meaning of my commitment to the ministry of Jesus Christ. To me the relationship of this ministry to the making of peace is so obvious that I sometimes marvel at those who ask me why I am speaking against the war. Could it be that they do not know that the good news was meant for all men -- for Communist and capitalist, for their children and ours, for black and for white, for revolutionary and conservative? Have they forgotten that my ministry is in obedience to the one who loved his enemies so fully that he died for them? What then can I say to the "Vietcong" or to Castro or to Mao as a faithful minister of this one? Can I threaten them with death or must I not share with them my life?

Finally, as I try to delineate for you and for myself the road that leads from Montgomery to this place I would have offered all that was most valid if I simply said that I must be true to my conviction that I share with all men the calling to be a son of the living God. Beyond the calling of race or nation or creed is this vocation of sonship and brotherhood, and because I believe that the Father is deeply concerned especially for his suffering and helpless and outcast children, I come tonight to speak for them.

This I believe to be the privilege and the burden of all of us who deem ourselves bound by allegiances and loyalties which are broader and deeper than nationalism and which go beyond our nation's self-defined goals and positions. We are called to speak for the weak, for the voiceless, for victims of our nation and for those it calls enemy, for no document from human hands can make these humans any less our brothers.

Strange Liberators
And as I ponder the madness of Vietnam and search within myself for ways to understand and respond to compassion my mind goes constantly to the people of that peninsula. I speak now not of the soldiers of each side, not of the junta in Saigon, but simply of the people who have been living under the curse of war for almost three continuous decades now. I think of them too because it is clear to me that there will be no meaningful solution there until some attempt is made to know them and hear their broken cries.

They must see Americans as strange liberators. The Vietnamese people proclaimed their own independence in 1945 after a combined French and Japanese occupation, and before the Communist revolution in China. They were led by Ho Chi Minh. Even though they quoted the American Declaration of Independence in their own document of freedom, we refused to recognize them. Instead, we decided to support France in its reconquest of her former colony.

Our government felt then that the Vietnamese people were not "ready" for independence, and we again fell victim to the deadly Western arrogance that has poisoned the international atmosphere for so long. With that tragic decision we rejected a revolutionary government seeking self-determination, and a government that had been established not by China (for whom the Vietnamese have no great love) but by clearly indigenous forces that included some Communists. For the peasants this new government meant real land reform, one of the most important needs in their lives.

For nine years following 1945 we denied the people of Vietnam the right of independence. For nine years we vigorously supported the French in their abortive effort to recolonize Vietnam.

Before the end of the war we were meeting eighty percent of the French war costs. Even before the French were defeated at Dien Bien Phu, they began to despair of the reckless action, but we did not. We encouraged them with our huge financial and military supplies to continue the war even after they had lost the will. Soon we would be paying almost the full costs of this tragic attempt at recolonization.

After the French were defeated it looked as if independence and land reform would come again through the Geneva agreements. But instead there came the United States, determined that Ho should not unify the temporarily divided nation, and the peasants watched again as we supported one of the most vicious modern dictators -- our chosen man, Premier Diem. The peasants watched and cringed as Diem ruthlessly routed out all opposition, supported their extortionist landlords and refused even to discuss reunification with the north. The peasants watched as all this was presided over by U.S. influence and then by increasing numbers of U.S. troops who came to help quell the insurgency that Diem's methods had aroused. When Diem was overthrown they may have been happy, but the long line of military dictatorships seemed to offer no real change -- especially in terms of their need for land and peace.

The only change came from America as we increased our troop commitments in support of governments which were singularly corrupt, inept and without popular support. All the while the people read our leaflets and received regular promises of peace and democracy -- and land reform. Now they languish under our bombs and consider us -- not their fellow Vietnamese --the real enemy. They move sadly and apathetically as we herd them off the land of their fathers into concentration camps where minimal social needs are rarely met. They know they must move or be destroyed by our bombs. So they go -- primarily women and children and the aged.

They watch as we poison their water, as we kill a million acres of their crops. They must weep as the bulldozers roar through their areas preparing to destroy the precious trees. They wander into the hospitals, with at least twenty casualties from American firepower for one "Vietcong"-inflicted injury. So far we may have killed a million of them -- mostly children. They wander into the towns and see thousands of the children, homeless, without clothes, running in packs on the streets like animals. They see the children, degraded by our soldiers as they beg for food. They see the children selling their sisters to our soldiers, soliciting for their mothers.

What do the peasants think as we ally ourselves with the landlords and as we refuse to put any action into our many words concerning land reform? What do they think as we test our latest weapons on them, just as the Germans tested out new medicine and new tortures in the concentration camps of Europe? Where are the roots of the independent Vietnam we claim to be building? Is it among these voiceless ones?

We have destroyed their two most cherished institutions: the family and the village. We have destroyed their land and their crops. We have cooperated in the crushing of the nation's only non-Communist revolutionary political force -- the unified Buddhist church. We have supported the enemies of the peasants of Saigon. We have corrupted their women and children and killed their men. What liberators?

Now there is little left to build on -- save bitterness. Soon the only solid physical foundations remaining will be found at our military bases and in the concrete of the concentration camps we call fortified hamlets. The peasants may well wonder if we plan to build our new Vietnam on such grounds as these? Could we blame them for such thoughts? We must speak for them and raise the questions they cannot raise. These too are our brothers.

Perhaps the more difficult but no less necessary task is to speak for those who have been designated as our enemies. What of the National Liberation Front -- that strangely anonymous group we call VC or Communists? What must they think of us in America when they realize that we permitted the repression and cruelty of Diem which helped to bring them into being as a resistance group in the south? What do they think of our condoning the violence which led to their own taking up of arms? How can they believe in our integrity when now we speak of "aggression from the north" as if there were nothing more essential to the war? How can they trust us when now we charge them with violence after the murderous reign of Diem and charge them with violence while we pour every new weapon of death into their land? Surely we must understand their feelings even if we do not condone their actions. Surely we must see that the men we supported pressed them to their violence. Surely we must see that our own computerized plans of destruction simply dwarf their greatest acts.

How do they judge us when our officials know that their membership is less than twenty-five percent Communist and yet insist on giving them the blanket name? What must they be thinking when they know that we are aware of their control of major sections of Vietnam and yet we appear ready to allow national elections in which this highly organized political parallel government will have no part? They ask how we can speak of free elections when the Saigon press is censored and controlled by the military junta. And they are surely right to wonder what kind of new government we plan to help form without them -- the only party in real touch with the peasants. They question our political goals and they deny the reality of a peace settlement from which they will be excluded. Their questions are frighteningly relevant. Is our nation planning to build on political myth again and then shore it up with the power of new violence?

Here is the true meaning and value of compassion and nonviolence when it helps us to see the enemy's point of view, to hear his questions, to know his assessment of ourselves. For from his view we may indeed see the basic weaknesses of our own condition, and if we are mature, we may learn and grow and profit from the wisdom of the brothers who are called the opposition.

So, too, with Hanoi. In the north, where our bombs now pummel the land, and our mines endanger the waterways, we are met by a deep but understandable mistrust. To speak for them is to explain this lack of confidence in Western words, and especially their distrust of American intentions now. In Hanoi are the men who led the nation to independence against the Japanese and the French, the men who sought membership in the French commonwealth and were betrayed by the weakness of Paris and the willfulness of the colonial armies. It was they who led a second struggle against French domination at tremendous costs, and then were persuaded to give up the land they controlled between the thirteenth and seventeenth parallel as a temporary measure at Geneva. After 1954 they watched us conspire with Diem to prevent elections which would have surely brought Ho Chi Minh to power over a united Vietnam, and they realized they had been betrayed again.

When we ask why they do not leap to negotiate, these things must be remembered. Also it must be clear that the leaders of Hanoi considered the presence of American troops in support of the Diem regime to have been the initial military breach of the Geneva agreements concerning foreign troops, and they remind us that they did not begin to send in any large number of supplies or men until American forces had moved into the tens of thousands.

Hanoi remembers how our leaders refused to tell us the truth about the earlier North Vietnamese overtures for peace, how the president claimed that none existed when they had clearly been made. Ho Chi Minh has watched as America has spoken of peace and built up its forces, and now he has surely heard of the increasing international rumors of American plans for an invasion of the north. He knows the bombing and shelling and mining we are doing are part of traditional pre-invasion strategy. Perhaps only his sense of humor and of irony can save him when he hears the most powerful nation of the world speaking of aggression as it drops thousands of bombs on a poor weak nation more than eight thousand miles away from its shores.

At this point I should make it clear that while I have tried in these last few minutes to give a voice to the voiceless on Vietnam and to understand the arguments of those who are called enemy, I am as deeply concerned about our troops there as anything else. For it occurs to me that what we are submitting them to in Vietnam is not simply the brutalizing process that goes on in any war where armies face each other and seek to destroy. We are adding cynicism to the process of death, for they must know after a short period there that none of the things we claim to be fighting for are really involved. Before long they must know that their government has sent them into a struggle among Vietnamese, and the more sophisticated surely realize that we are on the side of the wealthy and the secure while we create hell for the poor.

This Madness Must Cease
Somehow this madness must cease. We must stop now. I speak as a child of God and brother to the suffering poor of Vietnam. I speak for those whose land is being laid waste, whose homes are being destroyed, whose culture is being subverted. I speak for the poor of America who are paying the double price of smashed hopes at home and death and corruption in Vietnam. I speak as a citizen of the world, for the world as it stands aghast at the path we have taken. I speak as an American to the leaders of my own nation. The great initiative in this war is ours. The initiative to stop it must be ours.

This is the message of the great Buddhist leaders of Vietnam. Recently one of them wrote these words:

"Each day the war goes on the hatred increases in the heart of the Vietnamese and in the hearts of those of humanitarian instinct. The Americans are forcing even their friends into becoming their enemies. It is curious that the Americans, who calculate so carefully on the possibilities of military victory, do not realize that in the process they are incurring deep psychological and political defeat. The image of America will never again be the image of revolution, freedom and democracy, but the image of violence and militarism."

If we continue, there will be no doubt in my mind and in the mind of the world that we have no honorable intentions in Vietnam. It will become clear that our minimal expectation is to occupy it as an American colony and men will not refrain from thinking that our maximum hope is to goad China into a war so that we may bomb her nuclear installations. If we do not stop our war against the people of Vietnam immediately the world will be left with no other alternative than to see this as some horribly clumsy and deadly game we have decided to play.

The world now demands a maturity of America that we may not be able to achieve. It demands that we admit that we have been wrong from the beginning of our adventure in Vietnam, that we have been detrimental to the life of the Vietnamese people. The situation is one in which we must be ready to turn sharply from our present ways.

In order to atone for our sins and errors in Vietnam, we should take the initiative in bringing a halt to this tragic war. I would like to suggest five concrete things that our government should do immediately to begin the long and difficult process of extricating ourselves from this nightmarish conflict:


End all bombing in North and South Vietnam.
Declare a unilateral cease-fire in the hope that such action will create the atmosphere for negotiation.
Take immediate steps to prevent other battlegrounds in Southeast Asia by curtailing our military buildup in Thailand and our interference in Laos.
Realistically accept the fact that the National Liberation Front has substantial support in South Vietnam and must thereby play a role in any meaningful negotiations and in any future Vietnam government.
Set a date that we will remove all foreign troops from Vietnam in accordance with the 1954 Geneva agreement.

Part of our ongoing commitment might well express itself in an offer to grant asylum to any Vietnamese who fears for his life under a new regime which included the Liberation Front. Then we must make what reparations we can for the damage we have done. We most provide the medical aid that is badly needed, making it available in this country if necessary.

Protesting The War
Meanwhile we in the churches and synagogues have a continuing task while we urge our government to disengage itself from a disgraceful commitment. We must continue to raise our voices if our nation persists in its perverse ways in Vietnam. We must be prepared to match actions with words by seeking out every creative means of protest possible.

As we counsel young men concerning military service we must clarify for them our nation's role in Vietnam and challenge them with the alternative of conscientious objection. I am pleased to say that this is the path now being chosen by more than seventy students at my own alma mater, Morehouse College, and I recommend it to all who find the American course in Vietnam a dishonorable and unjust one. Moreover I would encourage all ministers of draft age to give up their ministerial exemptions and seek status as conscientious objectors. These are the times for real choices and not false ones. We are at the moment when our lives must be placed on the line if our nation is to survive its own folly. Every man of humane convictions must decide on the protest that best suits his convictions, but we must all protest.

There is something seductively tempting about stopping there and sending us all off on what in some circles has become a popular crusade against the war in Vietnam. I say we must enter the struggle, but I wish to go on now to say something even more disturbing. The war in Vietnam is but a symptom of a far deeper malady within the American spirit, and if we ignore this sobering reality we will find ourselves organizing clergy- and laymen-concerned committees for the next generation. They will be concerned about Guatemala and Peru. They will be concerned about Thailand and Cambodia. They will be concerned about Mozambique and South Africa. We will be marching for these and a dozen other names and attending rallies without end unless there is a significant and profound change in American life and policy. Such thoughts take us beyond Vietnam, but not beyond our calling as sons of the living God.

In 1957 a sensitive American official overseas said that it seemed to him that our nation was on the wrong side of a world revolution. During the past ten years we have seen emerge a pattern of suppression which now has justified the presence of U.S. military "advisors" in Venezuela. This need to maintain social stability for our investments accounts for the counter-revolutionary action of American forces in Guatemala. It tells why American helicopters are being used against guerrillas in Colombia and why American napalm and green beret forces have already been active against rebels in Peru. It is with such activity in mind that the words of the late John F. Kennedy come back to haunt us. Five years ago he said, "Those who make peaceful revolution impossible will make violent revolution inevitable."

Increasingly, by choice or by accident, this is the role our nation has taken -- the role of those who make peaceful revolution impossible by refusing to give up the privileges and the pleasures that come from the immense profits of overseas investment.

I am convinced that if we are to get on the right side of the world revolution, we as a nation must undergo a radical revolution of values. We must rapidly begin the shift from a "thing-oriented" society to a "person-oriented" society. When machines and computers, profit motives and property rights are considered more important than people, the giant triplets of racism, materialism, and militarism are incapable of being conquered.

A true revolution of values will soon cause us to question the fairness and justice of many of our past and present policies. n the one hand we are called to play the good Samaritan on life's roadside; but that will be only an initial act. One day we must come to see that the whole Jericho road must be transformed so that men and women will not be constantly beaten and robbed as they make their journey on life's highway. True compassion is more than flinging a coin to a beggar; it is not haphazard and superficial. It comes to see that an edifice which produces beggars needs restructuring. A true revolution of values will soon look uneasily on the glaring contrast of poverty and wealth. With righteous indignation, it will look across the seas and see individual capitalists of the West investing huge sums of money in Asia, Africa and South America, only to take the profits out with no concern for the social betterment of the countries, and say: "This is not just." It will look at our alliance with the landed gentry of Latin America and say: "This is not just." The Western arrogance of feeling that it has everything to teach others and nothing to learn from them is not just. A true revolution of values will lay hands on the world order and say of war: "This way of settling differences is not just." This business of burning human beings with napalm, of filling our nation's homes with orphans and widows, of injecting poisonous drugs of hate into veins of people normally humane, of sending men home from dark and bloody battlefields physically handicapped and psychologically deranged, cannot be reconciled with wisdom, justice and love. A nation that continues year after year to spend more money on military defense than on programs of social uplift is approaching spiritual death.

America, the richest and most powerful nation in the world, can well lead the way in this revolution of values. There is nothing, except a tragic death wish, to prevent us from reordering our priorities, so that the pursuit of peace will take precedence over the pursuit of war. There is nothing to keep us from molding a recalcitrant status quo with bruised hands until we have fashioned it into a brotherhood.

This kind of positive revolution of values is our best defense against communism. War is not the answer. Communism will never be defeated by the use of atomic bombs or nuclear weapons. Let us not join those who shout war and through their misguided passions urge the United States to relinquish its participation in the United Nations. These are days which demand wise restraint and calm reasonableness. We must not call everyone a Communist or an appeaser who advocates the seating of Red China in the United Nations and who recognizes that hate and hysteria are not the final answers to the problem of these turbulent days. We must not engage in a negative anti-communism, but rather in a positive thrust for democracy, realizing that our greatest defense against communism is to take offensive action in behalf of justice. We must with positive action seek to remove thosse conditions of poverty, insecurity and injustice which are the fertile soil in which the seed of communism grows and develops.

The People Are Important
These are revolutionary times. All over the globe men are revolting against old systems of exploitation and oppression and out of the wombs of a frail world new systems of justice and equality are being born. The shirtless and barefoot people of the land are rising up as never before. "The people who sat in darkness have seen a great light." We in the West must support these revolutions. It is a sad fact that, because of comfort, complacency, a morbid fear of communism, and our proneness to adjust to injustice, the Western nations that initiated so much of the revolutionary spirit of the modern world have now become the arch anti-revolutionaries. This has driven many to feel that only Marxism has the revolutionary spirit. Therefore, communism is a judgement against our failure to make democracy real and follow through on the revolutions we initiated. Our only hope today lies in our ability to recapture the revolutionary spirit and go out into a sometimes hostile world declaring eternal hostility to poverty, racism, and militarism. With this powerful commitment we shall boldly challenge the status quo and unjust mores and thereby speed the day when "every valley shall be exalted, and every moutain and hill shall be made low, and the crooked shall be made straight and the rough places plain."

A genuine revolution of values means in the final analysis that our loyalties must become ecumenical rather than sectional. Every nation must now develop an overriding loyalty to mankind as a whole in order to preserve the best in their individual societies.

This call for a world-wide fellowship that lifts neighborly concern beyond one's tribe, race, class and nation is in reality a call for an all-embracing and unconditional love for all men. This oft misunderstood and misinterpreted concept -- so readily dismissed by the Nietzsches of the world as a weak and cowardly force -- has now become an absolute necessity for the survival of man. When I speak of love I am not speaking of some sentimental and weak response. I am speaking of that force which all of the great religions have seen as the supreme unifying principle of life. Love is somehow the key that unlocks the door which leads to ultimate reality. This Hindu-Moslem-Christian-Jewish-Buddhist belief about ultimate reality is beautifully summed up in the first epistle of Saint John:

Let us love one another; for love is God and everyone that loveth is born of God and knoweth God. He that loveth not knoweth not God; for God is love. If we love one another God dwelleth in us, and his love is perfected in us.

Let us hope that this spirit will become the order of the day. We can no longer afford to worship the god of hate or bow before the altar of retaliation. The oceans of history are made turbulent by the ever-rising tides of hate. History is cluttered with the wreckage of nations and individuals that pursued this self-defeating path of hate. As Arnold Toynbee says : "Love is the ultimate force that makes for the saving choice of life and good against the damning choice of death and evil. Therefore the first hope in our inventory must be the hope that love is going to have the last word."

We are now faced with the fact that tomorrow is today. We are confronted with the fierce urgency of now. In this unfolding conundrum of life and history there is such a thing as being too late. Procrastination is still the thief of time. Life often leaves us standing bare, naked and dejected with a lost opportunity. The "tide in the affairs of men" does not remain at the flood; it ebbs. We may cry out deperately for time to pause in her passage, but time is deaf to every plea and rushes on. Over the bleached bones and jumbled residue of numerous civilizations are written the pathetic words: "Too late." There is an invisible book of life that faithfully records our vigilance or our neglect. "The moving finger writes, and having writ moves on..." We still have a choice today; nonviolent coexistence or violent co-annihilation.

We must move past indecision to action. We must find new ways to speak for peace in Vietnam and justice throughout the developing world -- a world that borders on our doors. If we do not act we shall surely be dragged down the long dark and shameful corridors of time reserved for those who possess power without compassion, might without morality, and strength without sight.

Now let us begin. Now let us rededicate ourselves to the long and bitter -- but beautiful -- struggle for a new world. This is the callling of the sons of God, and our brothers wait eagerly for our response. Shall we say the odds are too great? Shall we tell them the struggle is too hard? Will our message be that the forces of American life militate against their arrival as full men, and we send our deepest regrets? Or will there be another message, of longing, of hope, of solidarity with their yearnings, of commitment to their cause, whatever the cost? The choice is ours, and though we might prefer it otherwise we must choose in this crucial moment of human history.

As that noble bard of yesterday, James Russell Lowell, eloquently stated:

Once to every man and nation
Comes the moment to decide,
In the strife of truth and falsehood,
For the good or evil side;
Some great cause, God's new Messiah,
Off'ring each the bloom or blight,
And the choice goes by forever
Twixt that darkness and that light.

Though the cause of evil prosper,
Yet 'tis truth alone is strong;
Though her portion be the scaffold,
And upon the throne be wrong:
Yet that scaffold sways the future,
And behind the dim unknown,
Standeth God within the shadow
Keeping watch above his own.

15 Reasons Why We Need a Revolt in This Country

   
comments_image 
Government works quite well for big corporations, banks, insurance companies, military contractors, lobbyists, and for the rich and powerful. But it does not work for people.
March 7, 2010  |  

Photo Credit: yomanimus

It is time for a revolution. Government does not work for regular people. It appears to work quite well for big corporations, banks, insurance companies, military contractors, lobbyists, and for the rich and powerful. But it does not work for people.

The 1776 Declaration of Independence stated that when a long train of abuses by those in power evidence a design to reduce the rights of people to life, liberty and the pursuit of happiness, it is the peoples right, in fact their duty to engage in a revolution.

Martin Luther King, Jr., said forty three years ago next month that it was time for a radical revolution of values in the United States. He preached “a true revolution of values will soon cause us to question the fairness and justice of many of our past and present policies.” It is clearer than ever that now is the time for radical change.

Look at what our current system has brought us and ask if it is time for a revolution?

Over 2.8 million people lost their homes in 2009 to foreclosure or bank repossessions – nearly 8000 each day – higher numbers than the last two years when millions of others also lost their homes.

At the same time, the government bailed out Bank of America, Citigroup, AIG, Bear Stearns, Fannie Mae, Freddie Mac, the auto industry and enacted the troubled asset (TARP) program with $1.7 trillion of our money.

Wall Street then awarded itself over $20 billion in bonuses in 2009 alone, an average bonus on top of pay of $123,000.

At the same time, over 17 million people are jobless right now. Millions more are working part-time when they want and need to be working full-time.

Yet the current system allows one single U.S. Senator to stop unemployment and Medicare benefits being paid to millions.

There are now 35 registered lobbyists in Washington DC for every single member of the Senate and House of Representatives, at last count 13,739 in 2009. There are eight lobbyists for every member of Congress working on the health care fiasco alone.

At the same time, the U.S. Supreme Court decided that corporations now have a constitutional right to interfere with elections by pouring money into races.

The Department of Justice gave a get out of jail free card to its own lawyers who authorized illegal torture.

At the same time another department of government, the Pentagon, is prosecuting Navy SEALS for punching an Iraqi suspect.

The US is not only involved in senseless wars in Iraq, Afghanistan and Pakistan, the U.S. now maintains 700 military bases world-wide and another 6000 in the US and our territories. Young men and women join the military to protect the U.S. and to get college tuition and healthcare coverage and killed and maimed in elective wars and being the world’s police. Wonder whose assets they are protecting and serving?

In fact, the U.S. spends $700 billion directly on military per year, half the military spending of the entire world – much more than Europe, China, Russia, Iran, Pakistan, North Korea, and Venezuela - combined.

The government and private companies have dramatically increased surveillance of people through cameras on public streets and private places, airport searches, phone intercepts, access to personal computers, and compilation of records from credit card purchases, computer views of sites, and travel.

The number of people in jails and prisons in the U.S. has risen sevenfold since 1970 to over 2.3 million. The US puts a higher percentage of our people in jail than any other country in the world.

The tea party people are mad at the Republicans, who they accuse of selling them out to big businesses.

Democrats are working their way past depression to anger because their party, despite majorities in the House and Senate, has not made significant advances for immigrants, or women, or unions, or African Americans, or environmentalists, or gays and lesbians, or civil libertarians, or people dedicated to health care, or human rights, or jobs or housing or economic justice. Democrats also think their party is selling out to big business.

Forty three years ago next month, Rev. Martin Luther King, Jr. preached in Riverside Church in New York City that “a time comes when silence is betrayal.” He went on to condemn the Vietnam War and the system which created it and the other injustices clearly apparent. “We as a nation must undergo a radical revolution of values. We must rapidly begin the shift from a “thing oriented” society to a “person oriented” society. When machines and computers, profit motives and property rights are considered more important than people, the giant triplets of racism, materialism and militarism are incapable of being conquered.”

It is time.

Monday, March 8, 2010

Fiction of Marja as City Was US Information War


by Gareth Porter
WASHINGTON - For weeks, the U.S. public followed the biggest offensive of the Afghanistan War against what it was told was a "city of 80,000 people" as well as the logistical hub of the Taliban in that part of Helmand. That idea was a central element in the overall impression built up in February that Marja was a major strategic objective, more important than other district centers in Helmand.
[During a medevac mission, a Black Hawk medical helicopter with the 82nd Airborne's Task Force Pegasus flies low and fast over Marjah to pick up a wounded U.S. Marine, as seen through the cockpit window of the security helicopter, or 'chase bird,' trailing behind, in Helmand province, Afghanistan, Saturday March 6, 2010. 
(AP Photo/Brennan Linsley) ]During a medevac mission, a Black Hawk medical helicopter with the 82nd Airborne's Task Force Pegasus flies low and fast over Marjah to pick up a wounded U.S. Marine, as seen through the cockpit window of the security helicopter, or 'chase bird,' trailing behind, in Helmand province, Afghanistan, Saturday March 6, 2010. (AP Photo/Brennan Linsley)
It turns out, however, that the picture of Marja presented by military officials and obediently reported by major news media is one of the clearest and most dramatic pieces of misinformation of the entire war, apparently aimed at hyping the offensive as a historic turning point in the conflict.Marja is not a city or even a real town, but either a few clusters of farmers' homes or a large agricultural area covering much of the southern Helmand River Valley.
"It's not urban at all," an official of the International Security Assistance Force (ISAF), who asked not to be identified, admitted to IPS Sunday. He called Marja a "rural community".
"It's a collection of village farms, with typical family compounds," said the official, adding that the homes are reasonably prosperous by Afghan standards.
Richard B. Scott, who worked in Marja as an adviser on irrigation for the U.S. Agency for International Development as recently as 2005, agrees that Marja has nothing that could be mistaken as being urban. It is an "agricultural district" with a "scattered series of farmers' markets," Scott told IPS in a telephone interview.
The ISAF official said the only population numbering tens of thousands associated with Marja is spread across many villages and almost 200 square kilometers, or about 125 square miles.
Marja has never even been incorporated, according to the official, but there are now plans to formalize its status as an actual "district" of Helmand Province.
The official admitted that the confusion about Marja's population was facilitated by the fact that the name has been used both for the relatively large agricultural area and for a specific location where farmers have gathered for markets.
However, the name Marja "was most closely associated" with the more specific location, where there are also a mosque and a few shops.
That very limited area was the apparent objective of "Operation Moshtarak", to which 7,500 U.S., NATO and Afghan troops were committed amid the most intense publicity given any battle since the beginning of the war.
So how did the fiction that Marja is a city of 80,000 people get started?
The idea was passed on to the news media by the U.S. Marines in southern Helmand. The earliest references in news stories to Marja as a city with a large population have a common origin in a briefing given Feb. 2 by officials at Camp Leatherneck, the U.S. Marine base there.
The Associated Press published an article the same day quoting "Marine commanders" as saying that they expected 400 to 1,000 insurgents to be "holed up" in the "southern Afghan town of 80,000 people." That language evoked an image of house to house urban street fighting.
The same story said Marja was "the biggest town under Taliban control" and called it the "linchpin of the militants' logistical and opium-smuggling network". It gave the figure of 125,000 for the population living in "the town and surrounding villages". ABC news followed with a story the next day referring to the "city of Marja" and claiming that the city and the surrounding area "are more heavily populated, urban and dense than other places the Marines have so far been able to clear and hold."
The rest of the news media fell into line with that image of the bustling, urbanized Marja in subsequent stories, often using "town" and "city" interchangeably. Time magazine wrote about the "town of 80,000" Feb. 9, and the Washington Post did the same Feb. 11.
As "Operation Moshtarak" began, U.S. military spokesmen were portraying Marja as an urbanized population center. On Feb. 14, on the second day of the offensive, Marine spokesman Lt. Josh Diddams said the Marines were "in the majority of the city at this point."
He also used language that conjured images of urban fighting, referring to the insurgents holding some "neighborhoods".
A few days into the offensive, some reporters began to refer to a "region", but only created confusion rather than clearing the matter up. CNN managed to refer to Marja twice as a "region" and once as "the city" in the same Feb. 15 article, without any explanation for the apparent contradiction.
The Associated Press further confused the issue in a Feb. 21 story, referring to "three markets in town - which covers 80 square miles...."
A "town" with an area of 80 square miles would be bigger than such U.S. cities as Washington, D.C., Pittsburgh and Cleveland. But AP failed to notice that something was seriously wrong with that reference.
Long after other media had stopped characterizing Marja as a city, the New York Times was still referring to Marja as "a city of 80,000", in a Feb. 26 dispatch with a Marja dateline.
The decision to hype up Marja as the objective of "Operation Moshtarak" by planting the false impression that it is a good-sized city would not have been made independently by the Marines at Camp Leatherneck.
A central task of "information operations" in counterinsurgency wars is "establishing the COIN [counterinsurgency] narrative", according to the Army Counterinsurgency Field Manual as revised under Gen. David Petraeus in 2006.
That task is usually done by "higher headquarters" rather than in the field, as the manual notes.
The COIN manual asserts that news media "directly influence the attitude of key audiences toward counterinsurgents, their operations and the opposing insurgency." The manual refers to "a war of perceptions...conducted continuously using the news media."
Gen. Stanley A. McChrystal, commander of ISAF, was clearly preparing to wage such a war in advance of the Marja operation. In remarks made just before the offensive began, McChrystal invoked the language of the counterinsurgency manual, saying, "This is all a war of perceptions."
The Washington Post reported Feb. 22 that the decision to launch the offensive against Marja was intended largely to impress U.S. public opinion with the effectiveness of the U.S. military in Afghanistan by showing that it could achieve a "large and loud victory."
The false impression that Marja was a significant city was an essential part of that message.
Gareth Porter is an investigative historian and journalist specializing in U.S. national security policy. The paperback edition of his latest book, "Perils of Dominance: Imbalance of Power and the Road to War in Vietnam", was published in 2006.

Thursday, March 4, 2010

AP IMPACT: Toyota secretive on 'black box' data


SOUTHLAKE, Texas – Toyota has for years blocked access to data stored in devices similar to airline "black boxes" that could explain crashes blamed on sudden unintended acceleration, according to an Associated Press review of lawsuits nationwide and interviews with auto crash experts.

The AP investigation found that Toyota has been inconsistent — and sometimes even contradictory — in revealing exactly what the devices record and don't record, including critical data about whether the brake or accelerator pedals were depressed at the time of a crash.

By contrast, most other automakers routinely allow much more open access to information from their event data recorders, commonly known as EDRs.

AP also found that Toyota:

• Has frequently refused to provide key information sought by crash victims and survivors.

• Uses proprietary software in its EDRs. Until this week, there was only a single laptop in the U.S. containing the software needed to read the data following a crash.

• In some lawsuits, when pressed to provide recorder information Toyota either settled or provided printouts with the key columns blank.

Toyota's "black box" information is emerging as a critical legal issue amid the recall of 8 million vehicles by the world's largest automaker. The National Highway Traffic Safety Administration said this week that 52 people have died in crashes linked to accelerator problems, triggering an avalanche of lawsuits.

When Toyota was asked by the AP to explain what exactly its recorders do collect, a company statement said Thursday that the devices record data from five seconds before until two seconds after an air bag is deployed in a crash.

The statement said information is captured about vehicle speed, the accelerator's angle, gear shift position, whether the seat belt was used and the angle of the driver's seat.

There was no initial mention of brakes — a key point in the sudden acceleration problem. When AP went back to Toyota to ask specifically about brake information, Toyota responded that its EDRs do, in fact, record "data on the brake's position and the antilock brake system."

But that does not square with information obtained by attorneys in a deadly crash last year in Southlake, Texas, and in a 2004 accident in Indiana that killed an elderly woman.

In the Texas crash, where four people died when their 2008 Avalon ripped through a fence, hit a tree and flipped into an icy pond, an EDR readout obtained by police listed as "off" any information on acceleration or braking.

In the 2004 crash in Evansville, Ind., that killed 77-year-old Juanita Grossman, attorneys for her family say a Toyota technician traveled from the company's U.S. headquarters in Torrance, Calif., to examine her 2003 Camry.

Before she died, the 5-foot-2, 125-pound woman told relatives she was practically standing with both feet on the brake pedal but could not stop the car from slamming into a building. Records confirm that emergency personnel found Grossman with both feet on the brake pedal.

A Toyota representative told the family's attorneys there was "no sensor that would have preserved information regarding the accelerator and brake positions at the time of impact," according to a summary of the case provided by Safety Research & Strategies Inc., a Rehoboth, Mass.-based company that does vehicle safety research for attorneys, engineers, government and others.

One attorney in the Texas case contends in court documents that Toyota may have deliberately stopped allowing its EDRs to collect critical information so the Japanese automaker would not be forced to reveal it in court cases.

"This goes directly to defendants' notice of the problem and willingness to cover up the problem," said E. Todd Tracy, who had been suing automakers for 20 years.

Randy Roberts, an attorney for the driver in that case, said he was surprised at how little information the Avalon's EDR contained.

"When I found out the Toyota black box was so uninformative, I was shocked," Roberts said.

Toyota refused comment Thursday on Tracy's allegations because it is an ongoing legal matter, but said the company does share EDR information with government regulators.

"Because the EDR system is an experimental device and is neither intended, nor reliable, for accident reconstruction, Toyota's policy is to download data only at the direction of law enforcement, NHTSA or a court order," the Toyota statement said.

Last week, Toyota acknowledged it has only a single laptop available in the U.S. to download its data recorder information because it is still a prototype, despite being in use since 2001 in Toyota vehicles. Three other laptops capable of reading the devices were delivered this week to NHTSA for training on their use, Toyota said, and 150 more will be brought to the U.S. for commercial use by the end of April.

By contrast, acceptance and distribution of data recorder technology by other automakers is commonplace.

General Motors, for example, has licensed the auto parts maker Bosch to produce a device capable of downloading EDR data directly to a laptop computer, either from the scene of an accident or later. The device is available to law enforcement agencies or any other third party, spokesman Alan Adler said.

Spokesmen from Ford and Chrysler said their recorder data is just as accessible. "We put what you would call 'open systems' in our vehicles, which are readable by law enforcement or anyone who has a need to read that data," Chrysler spokesman Mike Palese said.

Nissan also makes its EDR data readily available to third parties using a device called Consult, spokesman Colin Price said. The program allows access to a host of vehicle data, from diagnosing the cause of a check-engine light to downloading EDR data after a crash, he said.

However, Honda does not allow open access to its EDR data. Spokesman Ed Miller said the data is only readable by Honda and is made available only by court order.

In many cases, attorneys and crash experts say EDR data could help explain what happened in the moments before a crash by detailing the positions of the gas and brake pedals as well as the engine's RPM.

"Had Toyota gotten on the stick and made this stuff available early on, I think they'd be in a better position than they are now," said W.R. "Rusty" Haight, owner of a San Diego-based collision investigation company.

In congressional hearings on the recalls last week, U.S. Transportation Secretary Ray LaHood said Toyota's EDR data cannot be read by a commercially available tool used readily by other automakers. "Toyota has a proprietary EDR, which is the system that only they can read," LaHood said.

The AP review of lawsuits around the country found many in which Toyota was accused of refusing to reveal EDR and other data, and not just in sudden acceleration cases.

In Kentucky, to cite one example, a recent lawsuit filed by Dari Martin over a wreck involving a 2007 Prius sought information from Toyota to bolster his claim that the car's seatbelt was defective. Toyota refused, contending there was no reliable way to validate the EDR data and that an engineer would have to travel from New Jersey or California at a cost of some $5,000 to retrieve it.

"There is simply no justifiable reason for Toyota not to disclose this information," Martin's lawyers said in a court filing.

Lawsuits in California and Colorado have accused Toyota of systemically withholding key documents and information in a wide variety of accident cases, but no judge or jury has found against the car company on those allegations.

Some crash experts say Toyota shouldn't bear too much criticism for failing to capture large amounts or specific kinds of data, because EDR systems were initially built for air bag deployment and not necessarily to reconstruct wrecks. They also vary widely from vehicle model to model, said Haight, the San Diego collision expert.

"That doesn't mean I'm hiding something or preventing you from getting something," Haight said. "It simply means that, in the development of a car, other considerations took priority — nothing more."

_____

Anderson reported from Miami. AP Business Writer Dan Strumpf in New York, AP writer Greg Bluestein in Atlanta and AP Researcher Barbara Sambriski in New York contributed to this report.

“Peace or Apartheid” are not the only options for Israel



by Alan Hart

March 04, 2010 "
Information Clearing House" -- The developing debate about Israel’s future offers two scenarios but there is a third which, apparently, should not be discussed in the open, in public. So let’s do just that.

Among the most recent contributors to what I’ll call the two-scenario debate was no less a figure than Ehud Barak, Israel’s defense minister. In a speech to the annual national security conference in Herzliya, and then again in the U.S., he warned that if Israel did not make peace with the Palestinians, it would become an “apartheid” state.

When former President Carter used the “A” word, initially in the title of his book Palestine: Peace Not Apartheid, he was vilified by The Anti-Defamation League (ADL), one of Zionism’s most vicious institutional attack dogs in America. It said: “Using the incendiary word ‘apartheid’ to refer to Israel and its policies is unacceptable and shameful. Apartheid, that abhorrent and racist system in South Africa, has no bearing on Israeli policies. Not only are Israel’s policies not racist, but the situation in the territories does not arise from Israeli intentions to oppress or repress Palestinians, but is a product of Palestinian rejection of Israel and the use of terror and violence against the Jewish state.”

In the light of such an attack (no matter that it was laced with predictable Zionist propaganda nonsense), it has to be said that Barak was demonstrating a degree of political courage by apparently aligning himself with Carter’s take on the matter.

At the Herzliya conference there were many expressions of concern about the growing international criticism of Israel. Barak himself alluded to the danger that Israel might lose ­legitimacy if a peace deal with the Palestinians was not forthcoming. He said, "The pendulum of legitimacy is going to move gradually towards the other pole."

And his warning was in these words: “As long as in this territory west of the Jordan River there is only one political entity called Israel, it is going to be either non-Jewish, or non-democratic... If this bloc of millions of ­Palestinians cannot vote, that will be an apartheid state.”

What Barak was saying in his own summary way has been obvious to Israel’s critics (including me) for many years. If it remains in occupation of the West Bank, Israel will have the choice of giving or not giving all Arabs under its control the vote.

Giving them all the vote is not an option because in time the Palestinian Arabs would out-number Israel’s Jews and vote the Zionist state out of existence.

But not giving all Arabs the vote is also not an option. Why? There’s far more to the answer than the simple statement that Israel would become an apartheid state. At a point such a state would be unacceptable to the world, governments as well as peoples including, probably, most Jews of the world. And the time would come when an apartheid Israel was formally declared by the international community to be a pariah state and subjected to sanctions as South Africa eventually was.
An apartheid Israel would then have the choice of ending its occupation and withdrawing to its borders as they were on the eve of the 1967 war, preferably with a provision for Jerusalem to become an open, undivided city and the capital of two states, one Israel, the other Palestine, or telling the whole world to go to hell. (In passing it’s worth noting that the real division in the Zionist state at leadership level was always been between those, the few represented by Moshe Sharret, who believed that what Gentiles think matters, and those, the many represented by Ben-Gurion, who believed that what Gentiles think doesn’t matter).

Rational consideration of the “peace or apartheid” options would demand the conclusion that in the best interests of all concerned, Israel should make peace on the basis of its withdrawal from all land grabbed in the 1967 war in return for a full and final peace with not only the Palestinians but the whole Arab and wider Muslim world. Such a peace is actually possible (though for how much longer is a good question) because despite Zionism’s assertions to the contrary, the truth is that Hamas could live with an Israel inside its pre-1967 borders and, more to the point, Hizbollah and Iran could and would accept whatever the Palestinians accepted.

The problem is that Zionism, so outrageously arrogant, so insufferably self-righteous, is congenitally incapable of rational debate. Its leaders and followers are today the victims of their own propaganda to an extent that puts them beyond reason.

Most frightening of all is that Zionism’s in-Israel leaders know there is a third option. I call it The Final Ethnic Cleansing of the Palestinians.

In the soon-to-be-published Volume 3 of the American edition of my book, Zionism: The Real Enemy of the Jews, I imagine this process could begin with the “transfer” of Israeli Arabs, and that when this had been completed a pretext would be created to drive the Palestinians off the occupied West Bank and into Jordan or wherever. And what of the fate of those existing in the Gaza Strip? Those who didn’t flee would be left to rot to death.

The scenario outlined in the paragraph above is almost too terrible to think about, but it could happen if President Obama or his successor lack the courage or the ability or both to require Israel to be serious about peace on terms acceptable to virtually all Palestinians and most other Arabs and Muslims everywhere.

Alan Hart is an author, former Middle East Chief Correspondent for Independent Television News[1], and former BBC Panorama presenter specialising in the Middle East.He is the author of several books including Zionism: The Real Enemy of the Jews - http://www.alanhart.net/

A Way Out for Obama







The president faces his biggest test yet on health care reform — and he's got one last shot at making it work

MATT TAIBBI

First Appeared in Rolling Stone

In the end, here's what the history of this attempt to reform health care comes down to: Barack Obama did everything wrong. Instead of using his vast post-electoral capital with the public to push for real reform and clean the Augean stables of the health care industry, he and his team of two-faced creeps like Rahm Emanuel took the Beltway-schmuck route and cut a backroom deal with the targeted industries — buying their acquiescence to a theoretical future of regulatory oversight in exchange for an upfront mountain of taxpayer giveaways.

The Obama administration was willing to sell out every inch of the body politic to the pharmaceutical and insurance industries, and all it wanted in return was a single ten-dollar bill left on the night table to pay for the next day's dragon bag — a teeny-weeny token, some itty-bitty thing it could call health care reform, like a prohibition on rejecting people with pre-existing conditions. But despite prostituting itself to every industry bagman in the District of Columbia, the White House wound up getting nothing in exchange for its trouble but a congressional ass-kicking by the Republican minority.

As much as Obamacare sucks, though, the alternative is even worse. For one thing, the defeat of Obama's health care initiative would set a decisive precedent: that even a transcendently popular new president armed with a congressional supermonopoly is forbidden to so much as put a regulatory finger on an organized, politically connected industry. For another thing, Obama's pukish bungling of health care may achieve what previously seemed impossible: exhuming the syphilitic corpse of George W. Bush's Republican Party, and, shit, who knows, maybe eight years of President Sarah Palin.

There's only one way all this turns out well — and fortunately, there's a decent chance it might actually be happening. Having spent a whole year approaching health care as a corrupt, watered-down, backroom deal, Obama sent a clear signal at his health care summit on February 25th that he's finally ready to dispense with the bipartisan fantasy and pass the bill with a simple majority. It involves using a filibuster-proof budgetary procedure called "reconciliation," which requires only 51 votes — and it could produce a health care bill that would not completely and totally suck. "It's the only way," says one Senate aide.

Right-wing critics howl that using reconciliation to pass sweeping policy changes like health care is an abuse of power — the tactic, they say, is supposed to be limited to spending measures — but they're full of shit. Newt Gingrich used it to pass the Contract With America in the mid-1990s, and Tom DeLay used it to pass the Bush tax cuts in 2001 and 2003. And here's the good news: The only way to use reconciliation for health care is to get the House to sign off on the process. That means the White House, which pre-Massachusetts and pre-Scott Brown had planned to toss aside the far more progressive House bill and pass the horseshit Senate version packed with industry giveaways, now needs the votes of reform-minded congressmen like Dennis Kucinich to get health care passed. The good guys, in other words, have regained some leverage, giving them a chance to bargain for significant improvements to the shitty Senate bill. "A reconciliation bill would almost automatically be better than what we had," the Senate aide concedes.

Among the big-ticket changes being discussed are more "affordability credits" to help the poor pay for health insurance, reducing or eliminating drug co-pays for people on Medicare, and scaling back the proposed tax on high-cost plans enjoyed by union workers. There's even a very, very faint hope that a public option could be pushed through — although that would require 27 more Democrats in the Senate to grow DeLay/Gingrich-esque spleens in the next few weeks.

And therein lies the larger issue at stake. Democrats and Republicans are basically the same on a lot of issues: They both voted for the Iraq War, they both love pork and useless weapons programs, they both lift their skirts for Wall Street. But they have one major stylistic difference: Republicans are unafraid to exercise power, while Democrats try to run government like one of those pansy-ass T-ball leagues, where every kid gets to have a hit, nobody loses, and nobody has to go home with an ouchie or hurt feelings.

Well, T-ball is over. If Obama wants to pass any kind of reform — even one as riddled with industry giveaways as the current measure — he is finally going to have to take a swing in anger. If he doesn't, it may well mark the moment when our government conceded that it can never force any powerful industry to accept any kind of change, no matter how minimal. If the Democrats fuck that up, they're going to leave us living in a hell of a world for the next generation or so. Let's hope they grow some guts before it's too late.