TommyWonk Year in Review: No Shelter from the Storm
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The National Security Agency's Internet site has been placing files on visitors' computers that can track their Web surfing activity despite strict federal rules banning most files of that type.Website cookies hardly top the paranoia charts these days, but then who knows?
The files, known as cookies, disappeared after a privacy activist complained and The Associated Press made inquiries this week. Agency officials acknowledged yesterday that they had made a mistake.
"Considering the surveillance power the N.S.A. has, cookies are not exactly a major concern," said Ari Schwartz, associate director at the Center for Democracy and Technology, a privacy advocacy group in Washington. "But it does show a general lack of understanding about privacy rules when they are not even following the government's very basic rules for Web privacy."
Until Tuesday, the N.S.A. site created two cookie files that do not expire until 2035.
In other words, these cookies have the shelf life of your average Christmas fruitcake.
Corporate records and other documents establish that Mr. Causey engaged in frequent conversations with Mr. Lay and Mr. Skilling about accounting decisions at Enron, the former energy giant. Indeed, Mr. Causey was one of two participants in an Oct. 12, 2001, meeting with Mr. Lay that forms the basis for one charge against the former Enron chairman. With his legal liability established through a plea agreement, Mr. Causey could now be compelled to testify about his recollection of that meeting and other events.If, as expected, Lay and Skilling plan to argue that Enron was a sound business that suffered a "run on the bank" crisis in investor confidence, then Causey will be able to set the record straight. As Bethany McLean and Peter Elkind write in The Smartest Guys in the Room, Lay has little basis for saying he was kept in the dark:
In truth, none of what [Sherron] Watkins told him [Key Lay] should have come as a surprise. He had personally approved the waiver on [CFO Andrew] Fastow's conflicts to let him run the LJMs; the Raptors had gone before both Lay and the entire board; their growing credit deficiencies were reported on daily position reports, distributed to scores of executives at Enron, and the restructuring had disclosed in Enron's SEC filings.Kurt Eichenwald himself has written an exhaustive account of the Enron debacle, Conspiracy of Fools; the index has more than 100 citations under Causey's name.
What has not been publicly acknowledged is that N.S.A. technicians, besides actually eavesdropping on specific conversations, have combed through large volumes of phone and Internet traffic in search of patterns that might point to terrorism suspects. Some officials describe the program as a large data-mining operation.In the Washington Post, national security blogger William M. Arkin looks at Section 126 of the Patriot Act Reauthorization, which would require the Attorney General to submit reports to Congress on data mining surveilance programs. Arkin points out that data mining is very different than selecting specific targets for electronic surveilance; instead the entire global commnications network is the subject:
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This so-called "pattern analysis" on calls within the United States would, in many circumstances, require a court warrant if the government wanted to trace who calls whom.
My guess is the government decided after 9/11 to monitor everyone.
On Tuesday, Vice President Cheney said the president "was granted authority by the Congress to use all means necessary to take on the terrorists, and that's what we've done."The last-minute request was not included in the resolution that was adopted on September 14, 2001. If you asked and the answer it no, then that's that.
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Congress chose instead, on Sept. 14, to authorize "all necessary and appropriate force against those nations, organizations or persons [the president] determines planned, authorized, committed or aided" the attacks of Sept. 11. With this language, Congress denied the president the more expansive authority he sought and insisted that his authority be used specifically against Osama bin Laden and al Qaeda.
Just before the Senate acted on this compromise resolution, the White House sought one last change. Literally minutes before the Senate cast its vote, the administration sought to add the words "in the United States and" after "appropriate force" in the agreed-upon text. This last-minute change would have given the president broad authority to exercise expansive powers not just overseas -- where we all understood he wanted authority to act -- but right here in the United States, potentially against American citizens.
President Bush, who had repeatedly said he would not accept a short-term extension of the Patriot Act, embraced the Senate's action last night. "I appreciate the Senate for working to keep the existing Patriot Act in law through next July, despite boasts last week by the Democratic leader that he had blocked the Act," Bush said in a statement. "No one should be allowed to block the Patriot Act to score political points, and I am grateful the Senate rejected that approach."I'm glad he cleared that up.
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Frist's chief of staff, Eric Ueland, said a six-month extension is not "short-term."
"I'm going to go to every one of your states, and I'm going to tell them what you've done," said Stevens, the leading advocate of drilling in Alaska.At one point Stevens was reduced to arguing that if drilling opponents would relent, everyone could go home for the holidays, hardly a compelling argument in a battle that has gone on for 25 years.
Two associates familiar with his decision said yesterday that Robertson privately expressed deep concern that the warrantless surveillance program authorized by the president in 2001 was legally questionable and may have tainted the FISA court's work.Clearly the issue isn't going away:
Robertson, who was appointed to the federal bench in Washington by President Bill Clinton in 1994 and was later selected by then-Chief Justice William H. Rehnquist to serve on the FISA court, declined to comment when reached at his office late yesterday.
Sens. Chuck Hagel (Neb.) and Olympia J. Snowe (Maine) echoed concerns raised by Arlen Specter (R-Pa.), chairman of the Senate Judiciary Committee, who has promised hearings in the new year.
Hagel and Snowe joined Democrats Dianne Feinstein (Calif.), Carl M. Levin (Mich.) and Ron Wyden (Ore.) in calling for a joint investigation by the Senate judiciary and intelligence panels into the classified program.
Just as G.M. has protected its outdated products at the expense of its larger mission, so, too, have Democrats become more attached to their programs than to the principles that made them vibrant in the first place. So what if Social Security and Medicaid functioned best in a world where most workers had company pensions and health insurance and spent their entire careers with one employer? The mere suggestion that these programs might be updated for a new, more consumer-driven economy sends Democratic leaders into fits of apoplexy.If by updating Social Security, you mean diverting payroll taxes to private accounts, then I want nothing of it. It doesn't make economic sense to subject our one guaranteed retirement benefit to market forces. Modern portfolio theory demonstrates that having a low risk component of one's investment potfolio makes it easier to take on higher risk (and higher return) investments. This guaranteed benefit is even more important as defined benefit plans are being replaced by defined contribution plans such as 401(k) programs. What bothers me, even more than attempts to resurrect BushCo's failed Social Security privatization, is the notion that Democrats are economically backward compared to Republicans, as Bai suggests:
Republicans have embraced the future of the global marketplace, but to them the future looks a lot like "Road Warrior."In other words, Republicans are more forward thinking because they are willing to reward a few winners at the expense of everyone else. How forward looking is that? It sound more like a rerun of the late 19th Century than a prescription for prosperity in the 21st Century.
The college spun into crisis after the federal Department of Education restricted its access to student loan funds in June. The department went further and terminated Decker's participation in federal programs on Sept. 30.Weld's explanation for this collapse?
In October, the school was raided by 40 federal agents conducting a fraud investigation, and last month it collapsed into bankruptcy, leaving 3,700 students burdened with debts, some as high as $30,000. This week the Education Department said students could apply to have their loans forgiven.
Mr. Weld blames the federal government and a regional accreditation council for Decker's fall, and continues to praise the college's programs.As for the litany of horror stories including a boiler room recruiting operation, illiterate students, students without computers enrolled in Internet classes and falsified attendance records, Weld offered the classic defense of embattled CEOs: He didn't know anything was wrong, despite having signed non-disclosure agreements with departing managers who tried to bring the school's problems to his attention.
In a statement yesterday, Times Executive Editor Bill Keller ... wrote that when the Times became aware that the NSA was conducting domestic wiretaps without warrants, "the Administration argued strongly that writing about this eavesdropping program would give terrorists clues about the vulnerability of their communications and would deprive the government of an effective tool for the protection of the country's security."Arlen Specter was quicker in his analysis of the legal questions raised by the secret domestic surveilance:
"Officials also assured senior editors of the Times that a variety of legal checks had been imposed that satisfied everyone involved that the program raised no legal questions," Keller continued. "As we have done before in rare instances when faced with a convincing national security argument, we agreed not to publish at that time."
"There is no doubt that this is inappropriate," said Sen. Arlen Specter (R-Pa.), who favored the Patriot Act renewal but said the NSA issue provided valuable ammunition for its opponents.As for the legal checks, it seems that the safeguards that have been mentioned are those that were circumvented by the secret executive order. Under existing law, the FBI, not the NSA, is authorized to conduct domestic surveilance with a court order from a special court housed in the Justice Department. Warrants can even be issued up to 48 hours after the surveilance has begun.
House Minority Leader Nancy Pelosi (D-Calif.) said yesterday that Democrats should not seek a unified position on an exit strategy in Iraq, calling the war a matter of individual conscience and saying differing positions within the caucus are a source of strength for the party.The differing positions on withdrawal from Iraq are part of an open discussion, something the country should have had three years ago using all of the intelligence available. Unfortunately, the intelligence we did hear about was either cherry-picked, doctored or simply made up. The Washington Post also reports what we all know -- that Bush knew more about Iraq than he told Congress:
Pelosi said Democrats will produce an issue agenda for the 2006 elections but it will not include a position on Iraq. There is consensus within the party that President Bush has mismanaged the war and that a new course is needed, but House Democrats should be free to take individual positions, she said.
A congressional report made public yesterday concluded that President Bush and his inner circle had access to more intelligence and reviewed more sensitive material than what was shared with Congress when it gave Bush the authority to wage war against Iraq.
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The report, done by the Congressional Research Service at the request of Sen. Dianne Feinstein (D-Calif.), comes amid allegations by Democrats that administration officials exaggerated Iraq's weapons capabilities and terrorism ties and then resisted inquiries into the intelligence failures.
Bush has fiercely rejected those claims. "Some of the most irresponsible comments -- about manipulating intelligence -- have come from politicians who saw the same intelligence I saw and then voted to authorize the use of force against Saddam Hussein," he said this week.
Expressing the sense of the House of Representatives that the symbols and traditions of Christmas should be protected.Yes, the U.S. House of Representatives, having been alerted that Christmas is under attack, has leapt to it's defense. In keeping with the seriousness of the proceedings, Congressman John D. Dingell (D-MI) marked the occassion in verse:
'Twas the week before Christmas and all through the House
No bills were passed 'bout which Fox News could grouse;
Tax cuts for the wealthy were passed with great cheer,
So vacations in St. Barts soon would be near;
Katrina kids were nestled all snug in motel beds,
While visions of school and home danced in their heads;
In Iraq our soldiers needed supplies and a plan,
Plus nuclear weapons were being built in Iran;
Gas prices shot up, consumer confidence fell;
Americans feared we were on a fast track to -- well�
Wait -- we need a distraction -- something divisive and wily;
A fabrication straight from the mouth of O'Reilly;
We can pretend that Christmas is under attack
Hold a vote to save it -- then pat ourselves on the back;
Silent Night, First Noel, Away in the Manger;
Wake up Congress, they're in no danger!
This time of year we see Christmas every where we go,
From churches, to homes, to schools, and yes -- even Costco;
What we have is an attempt to divide and destroy,
When this is the season to unite us with joy;
At Christmas time we're taught to unite,
We don't need a made-up reason to fight;
So on O'Reilly, on Hannity, on Coulter, and those right wing blogs;
You should just sit back, relax -- have a few egg nogs!
'Tis the holiday season: enjoy it a pinch;
With all our real problems, do we honestly need another Grinch?
So to my friends and my colleagues I say with delight,
A merry Christmas to all, and to Bill O'Reilly -- Happy Holidays.
President Bush said yesterday he is confident that former House majority leader Tom DeLay (R-Tex.) is innocent of money-laundering charges, as he offered strong support for several top Republicans who have been battered by investigations or by rumors of fading clout inside the White House.Not only does POTUS believe DeLay to be innocent, he wants him back on the job, according to the NYT:
The president declined to comment on Mr. Earle. He said he wanted any trial "to be conducted as fairly as possible," but, pressed by Brit Hume of Fox News on whether he believed Mr. DeLay to be innocent, he replied, "Yes, I do."The NYT reports that President Sluggo also had kind words for his own Mr. Hands:
Mr. Bush said he did not know whether to expect that Mr. DeLay, who has retained his House seat, would regain his position as majority leader.
"I hope that he will," the president said, "because I like him, and plus, when he's over there we get our votes through the House."
In Wednesday's interview, Mr. Bush also had praise for Karl Rove, his deputy chief of staff and senior adviser, who is under investigation in the C.I.A. leak case.
"We're still as close as we've ever been," Mr. Bush said. "We've been through a lot."
I took a brief stroll down the Rehoboth Beach boardwalk this evening. I had dropped Christina at the Methodist Church for Children's Bell Choir practice and had a short while to myself. I thought it would be pleasant to have a look at the ocean. It was a lovely evening.I feel more relaxed already.
Just a month before his Jan. 17 federal trial on seven conspiracy and fraud charges, the former Enron chairman drew polite applause with his address titled "Guilty, Until Proven Innocent," in part a call to arms to Enron employees to defend the honor of the company and Lay himself.That's right. Ken Lay is calling on his former employees to rally to his side. Lay's speech prompted a sarcastic review from Houston Chronicle columnist Loren Steffy:
"It will only take a few brave individuals who are willing to stand up and say it's time for the truth to come out. Either we proclaim the truth about Enron and its employees in this trial, or our friends, neighbors, potential employers and others will continue to believe that Enron was a criminal enterprise. ... If we don't speak out, don't testify to the truth, don't let the light shine in, we will live the rest of our lives under this cloud — a cloud that covers all the good works and deeds that each of us accomplished."Actually Kenny Boy, you were in charge. Your legacy includes the $60 billion in market value that evaporated in sixteen months, the 5,000 employees put out on the street and the $800 million in pensions that they lost.
Cue the patriotic music.
"Either we stand up now and prove that Enron was a real company, a substantial company, an honest company ... or we will leave this horrific legacy shaped by others for someone else to sort out."
Lay, Skilling and Causey are preparing to argue that the Houston energy company was a fundamentally sound business. The firm, they say, was felled by a crisis of liquidity after trading partners lost confidence after the 2001 terrorist attacks and the bursting of the technology bubble.
And she gave birth to her firstborn son and wrapped him in bands of cloth, and laid him in a manger, because there was no place for them in the inn. (Luke 2:7)The United States of America, today:
"We got a serious situation in St. Bernard Parish," its president, Henry "Junior" Rodriguez, told CNN on Tuesday.
"We got people living in tents and automobiles. We got people living in barns. We got people living in their houses -- in tents," he said on "American Morning."
Faeze Woodville, an Iranian American from Strafford, Chester County, won scattered applause when she asked Bush why he and other administration officials "keep linking 9/11 to the invasion of Iraq."
Bush has acknowledged that there is no direct link between Iraq and the terrorist attacks on Sept. 11, 2001, but he and other top officials often spoke about 9/11 in presenting the case for war with Iraq.
"I still don't see a plan that will prevail," Rep. John Murtha told reporters. "It's more of a hope that everything will turn out right."
Earlier this year, Mr. Gallagher was mugged on his way home from a shift at Bar Tabac on Smith Street, where he worked as a waiter. "I turn around and this guy's got a two-foot machete in my face," he said.
Mr. Gallagher was unhurt and the mugger was later caught by the police, but one night soon after the mugging, with the image of his attacker's dark silhouette still burned into his memory, Mr. Gallagher was mesmerized by a shadow on the sidewalk. He reached into his pocket and felt the chalk he had used to write the outdoor menu at Bar Tabac, and he dropped to his knees to outline it.
Shadow art was born.
The officials said the captive, Ibn al-Shaykh al-Libi, provided his most specific and elaborate accounts about ties between Iraq and Al Qaeda only after he was secretly handed over to Egypt by the United States in January 2002, in a process known as rendition.
The new disclosure provides the first public evidence that bad intelligence on Iraq may have resulted partly from the administration's heavy reliance on third countries to carry out interrogations of Qaeda members and others detained as part of American counterterrorism efforts. The Bush administration used Mr. Libi's accounts as the basis for its prewar claims, now discredited, that ties between Iraq and Al Qaeda included training in explosives and chemical weapons.
"Some have suggested by liberating Iraq from Saddam Hussein we simply stirred up a hornet's nest. They overlook a fundamental fact: We were not in Iraq in September 2001 and the terrorists hit us anyway."Nor were we in Iraq in December 1941, but Japan struck us anyway. Iraq had nothing to do with 9/11, despite Cheney's continuing to insinuate a connection.
"This clearly demonstrates that the Bush administration has suffered a loss of will and that they have capitulated to the worst elements in our culture," said William A. Donohue, president of the Catholic League for Religious and Civil Rights.Unlike the heathen retailers, Bush is getting the benefit of the doubt from some Christmas zealots:
Bush "claims to be a born-again, evangelical Christian. But he sure doesn't act like one," said Joseph Farah, editor of the conservative Web site WorldNetDaily.com. "I threw out my White House card as soon as I got it."
Religious conservatives are miffed because they have been pressuring stores to advertise Christmas sales rather than "holiday specials" and urging schools to let students out for Christmas vacation rather than for "winter break."
One of the generals on the pro-Christmas side is Tim Wildmon, president of the American Family Association in Tupelo, Miss. "Sometimes it's hard to tell whether this is sinister -- it's the purging of Christ from Christmas -- or whether it's just political correctness run amok," he said. "I think in the case of the White House, it's just political correctness."William A. Donohue, president of the Catholic League for Religious and Civil Rights, is less forgiving:
At the Catholic League, Donohue had just announced a boycott of the Lands' End catalogue when he received his White House holiday card. True, he said, the Bushes included a verse from Psalm 28, but Psalms are in the Old Testament and do not mention Jesus' birth.Mr. Donohue may have forgotten that Jesus was born into a Jewish family. The NYT reports that Christmas is being injected into the debate over Supreme Court nominee Samuel Alito:
Fidelis, a conservative Roman Catholic group, has begun an Internet advertisement and plans to buy radio commercials with a similar theme as early as next week. "Judge Alito ruled against the A.C.L.U.'s attempt to scrub away our religious heritage," a narrator says, recalling an opinion Judge Alito wrote upholding a Jersey City display including a Nativity scene and a menorah.Hey guys, relax. It's Christmas we're talking about. Remember, "On earth, peace, good will toward men"? Remember Charlie Brown and his little tree? Why do some Christians insist on fighting over Christmas?
While American troops have been fighting, and dying, against the Sunni rebels and foreign jihadists, the Shiite clerics in Iraq have achieved fundamental political goals: capturing oil revenues, strengthening the role of Islam in the state, and building up formidable militias that will defend their gains and advance their causes as the Americans draw down and leave. Iraq's neighbors, then, see it evolving into a Shiite-dominated, Iranian buffer state that will strengthen Tehran's power in the Persian Gulf just as it is seeks nuclear weapons and intensifies its rhetoric against Israel.This is the outcome Clark most fears. I heard him use the same phrase -- buffer state for Iran -- last summer:
What a disaster it would be if the real winner in Iraq turned out to be Iran, a country that supports terrorism and opposes most of what we stand for.In Clark's view the pace of withdrawal is not the central issue. He believes that a sharp change in strategic focus is essential to protecting America's interests in the region. Patroling the borders, focusing on insurgent strongholds and enforcing the prohibition against private militias are part of his prescription. But he sees the central issue as working towards a political accomodation by reaching out to include alienated factions in the political process.
The FBI's decision to reopen the investigation reverses the agency's announcement last month that it had finished a two-year inquiry and concluded that the forgeries were part of a moneymaking scheme — and not an effort to manipulate U.S. foreign policy.Who is Rocco Martino?
Those findings concerned some members of the Senate Intelligence Committee after published reports that the FBI had not interviewed a former Italian spy named Rocco Martino, who was identified as the original source of the documents. The committee had requested the initial investigation.
Recent accounts in the Italian press said that Martino, a businessman and former freelance spy who was fired from the Italian military intelligence agency, obtained the documents from a female friend who worked at Niger's embassy in Rome. Martino has said he was working with a more senior Italian intelligence agent, Col. Antonio Nucero, and peddled the documents to French intelligence and eventually, in 2002, to Italian journalist Elisabetta Burba.One wonders how diligent the investigation was before, if the guy identified as the forger wasn't even interviewed. The key question is whether Martino acted on his own, perhaps to make a buck, or whether he worked with others, such as members of the Iraqi National Congress.
REPUBLIC OF NIGER
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Council of National Reconciliation
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Minister of Foreign Affairs
And African Integration--------
Niamey, July 30 1999
Would you be so kind as to contact the Iraqi Ambassador, Mr Wissah Al Zahawye, and learn his country's response to the proposed supply of uranium on the terms last agreed upon at Niamey on June 27 2000.
Please treat this highly confidential matter with all appropriate discretion and diligence.
O'REILLY: Yeah, but on a policy basis, what they're trying to do on these far-left smear sites is intimidate people with whom they disagree, and then choke off their ability to get their message out. I mean, freedom of speech means nothing to these people. They really want to just bludgeon anybody with whom they disagree, or am I wrong?What I find remarkable is ease with which O'Reilly and Coulter assume the role of victim. We've had five years of conservative Republican rule in Washington. These two media stars command big speaking fees and publish books that regularly appear on the bestseller lists, but there is nothing they enjoy so much as crying in their beer. Here's more from last night:
COULTER: If you go speak at a college campus, I promise you, if you don't have a security detail, they will physically attack you, because they are the party of ideas, and they're so intellectual their ideas just can't fit on a bumper sticker. You know, everything else they're always saying about themselves. But when it actually comes time to formulate a counterargument, all they can do is throw food.Cheap laughs? Easy pickings? Perhaps. Next week, we'll get back to the typically trenchant tommywonk treatment of the news you all have come to know and love. After all, we have to do our part to raise the level of political discourse in this country.
O'REILLY: All right. But it gets to be frightening. And I -- look, in my own case, I have to have security, and obviously --
COULTER: Any conservative does.
O'REILLY: Yeah, but I think liberals, some -- well, I don't know. Look, there's no question --
COULTER: No liberal has to have security. Though I'd like to change that.
O'REILLY: Well, there's no -- let me just ask you this. Do you believe that these smear sites on the Internet are encouraging violence against you and others?
COULTER: They may be intended to. I think what mostly encourages violence is their incapacity to formulate an argument.
Then the business community says we don't want to offend anybody, so we're not going to say "Merry Christmas." We're going to say "Happy Holidays, all right? That offends millions of Christians, see?O'Reilly continues, in his customary measured tone:
This is America. This is the big commercial holiday. You're not going to acknowledge the holiday? Then I'm not shopping there.Having been aroused to the danger facing our heritage as a Christian nation, I began looking into the matter, starting with Fox News, which is promoting its "Christmas and Chanukah Collection" on its website.
Last week, the Republican staff of the Senate Energy and Natural Resources Committee suggested that the executives did not mislead the committee because whatever they did with the task force did not meet the legal definition of "participate."OK then, what did happen?
After the Post report, the energy panel asked the executives to clarify their testimony. The committee released the carefully crafted responses yesterday.As previously noted in this space, the executives don't have to worry about perjury since Senate Commerce Committee chairman Ted Stevens saw to it that they were excused from the standard ritual of being sworn in.
Ross Pillari, chief executive of BP America, said in his letter that company representatives met with task force staff "and provided them with comments on a range of energy policy matters." He said his response at the hearing -- that he did not know -- was truthful.
John Hofmeister, president of Shell Oil, said that to his knowledge the company did not meet with the task force. However, he said, Shell representatives "did meet with the administration -- including the Vice President and his staff -- on a broad range of energy policy issues."
James J. Mulva, chairman of ConocoPhillips, said that he answered the question "based upon my knowledge of Phillips' conduct prior to the merger with Conoco and on my knowledge of ConocoPhillips' conduct subsequent to the merger." Officials of Conoco met with task force staff before the merger.
Chevron, whose statement was previously released, said the company provided written recommendations on energy policy to President Bush but did not participate in task force meetings. Exxon Mobil, which also previously made its statement public, said the company did not participate in the task force; but the company said it presented information on global energy supply and demand to an administration official.