This blog is dedicated to removing George W. Bush, the worst president in history, from office. I also
sometimes discuss other political and social issues. Please feel free to leave comments. Click on "Comment" under
any post to do so. In addition to the blog, check out my comprehensive lists of anti-Bush links and resources and book recommendations.
Bill Tierney tortured prisoners in Iraq, and thought it was fun. Now he's standing vigil outside Terri Schiavo's hospice,
bawling his eyes out. Atrios has more about this great American.
Dwight Meredith of Wampum has a great post showing that Republican politicians (Dubya, DeLay, the Gropinator)
and their spouses (Santorum's wife) are perfectly happy to be plaintiffs in tort lawsuits themselves, even though they want to crack down on your right to file such lawsuits. (link via Political Animal)
Japanese authorities have permitted Bobby Fischer to fly from Japan, from which the United States was trying to extradite him, to Iceland, which has granted him citizenship.
Fischer, world champion from 1972 to 1975, is undoubtedly one of the greatest chessplayes in history, but now a raving lunatic. (Stephen Moss has an account of his meeting with Fischer this weekend that shows what I mean -- link via Political Animal.) Fischer is a "fugitive from justice," according to the Justice Department, because he played a return match against Spassky
in Yugoslavia in 1992 in violation of sanctions then imposed by the United States.
Iceland's grant of citizenship to Fischer doesn't necessarily end his legal travails. Iceland, like Japan,
has an extradition treaty with the United States, so the U.S. can still try to extradite him.
I wish the U.S. would leave Fischer alone. He's out of his mind, and not exactly Public Enemy No. 1. He's 62
years old and in poor health (getting all your dental fillings removed so the Russkies can't influence your brain waves is bad for your health). Having him die in prison would not, to my
mind, be a great triumph for the American justice system.
Thatcoloredfellasweblog is demanding reparations from the left blogosphere. Pretty funny piece, although I am hurt by his reference to white male bloggers as "Whales."
I know I could stand to lose a few pounds, but that doesn't justify name-calling. (link via the now Whale-free Pandagon)
When George Bush was campaigning for the presidency, as incumbent vice-president, one of his stops was in Chicago, Illinois,
on August 27, 1987. At O'Hare Airport he held a formal outdoor news conference. There Robert I. Sherman, a reporter for the
American Atheist news journal, fully accredited by the state of Illinois and by invitation a participating member of the press
corps covering the national candidates, had the following exchange with then-Vice-President Bush:
Sherman: What will you do to win the votes of the Americans who are atheists?
Bush: I guess I'm pretty weak in the atheist community. Faith in God is important to me.
Sherman: Surely you recognize the equal citizenship and patriotism of Americans who are atheists?
Bush: No, I don't know that atheists should be considered as citizens, nor should they be considered
patriots. This is one nation under God. [emphasis added]
Sherman (somewhat taken aback): Do you support as a sound constitutional principle the separation of state and church?
Bush: Yes, I support the separation of church and state. I'm just not very high on atheists.
Of course, the mainstream media did not consider these uncontroversial statements at all newsworthy.
Florida Department of Law Enforcement agents (acting at Jeb Bush's direction?), tried to seize Terri Schiavo:
Hours after a judge ordered that Terri Schiavo was not to be removed from her hospice, a team of state agents were en route
to seize her and have her feeding tube reinserted -- but they stopped short when local police told them they would enforce
the judge's order, The Herald has learned.
Agents of the Florida Department of Law Enforcement told police in Pinellas Park, the small town where Schiavo lies at
Hospice Woodside, on Thursday that they were on the way to take her to a hospital to resume her feeding.
For a brief period, local police, who have officers at the hospice to keep protesters out, prepared for what sources called
"a showdown."
In the end, the squad from the FDLE and the Department of Children & Families backed down, apparently concerned about
confronting local police outside the hospice.
"We told them that unless they had the judge with them when they came, they were not going to get in," said a source with
the local police.
"The FDLE called to say they were en route to the scene," said an official with the city police who requested anonymity.
"When the sheriff's department and our department told them they could not enforce their order, they backed off."
. . . .
"It was kind of a showdown on the part of the locals and the state police," the official said. "It it was not too
long after that Jeb Bush was on TV saying that, evidently, he doesn't have as much authority as people think." [Note: the
"official" quoted here may a different person than that quoted in the previous paragraph I quoted.] [link via Talking Points Memo]
Meanwhile, assorted crazies are urging, or trying to effect themselves, the "rescue" of Terri Schiavo
and/or the murder of Michael Schiavo and Judge Greer. See here, here, here, and here. Not surprising when you have the likes of Tom DeLay calling the removal of Terri's feeding tube "murder" and "medical terrorism." Rethuglicans and cabletelevision have been wildly irresponsible in whipping the Christian Right into a frenzy about this. (World O'Crap has complete coverage of Terri's enraged "supporters.")
That line from Red October is running through my head again:"This business will get out of control. It will get out of
control and we will be lucky to live through it."
Why? Because the Republicans are still counting fundie votes. They
think they can control this, that nothing will happen and the base will be excited. But most of the base is revolted. They
are horrified at the sanctimony and the increasing rhetoric from people who should know better. Ignore judges? Kidnap a dying
woman? Are they kidding?
Why is this happening? Because they thought it would be a gimme. That the only people who
would care is the radical right and their foot soldiers. They could get their way and trap the Dems in the process. But now,
the Dems stepped out of the way and let the GOP take every bit of heat for this. You have the spectacle of Randall Terry,
has-been, making demands on Jeb Bush, who meekly says "I can't go beyond my powers."
Bush and Bush seem to be puppets
of the fringe elements, a group who would let their kids get arrested, which horrifies most people. All that political capital
has been squandered, as Jim Wolcott said, on a Sunday flight from Crawford.
But Bush has never spread political risk.
He has always heaped it on and expected to be rewarded in the end. There has never been a downside for this. But there is
now. If Judge Greer or Michael Schiavo is harmed in any way, that turd is going to land right on the doors of the White House
and Congress. They unleashed this madness and the idea that they could escape it is unlikely. [link via Daily Kos; typos corrected]
Adam Nagourney gives Jeb Bush a wet, sloppy blowjob on the front page of the New York Times:
In a Polarizing Case, Jeb Bush Cements His Political Stature
WASHINGTON, March 24 - Gov. Jeb Bush's last-minute intervention in the case of Terri Schiavo, even after the president
had ended his own effort to keep her alive, may have so far failed in a legal sense, but it has cemented the religious and
social conservative credentials of a man whose political pedigree is huge and whose political future remains a subject of
intense speculation.
On one level, the Florida governor's emergence as the most prominent politician still fighting, despite a string of court
and legislative defeats, to have a feeding tube reinserted in Ms. Schiavo was very much in keeping with someone who has repeatedly
declared a deep religious faith.
Several associates noted that he had been devoutly religious longer than President Bush, and even critics said his efforts
- prodding the Florida Legislature and the courts and defying much of the electorate - were rooted in a deep-seated opposition
to abortion and euthanasia rather than in political positioning.
Yet inevitably, the events of recent days have fed the mystique of Mr. Bush as a reluctant inheritor of perhaps America's
most famous dynasty since the Adams family two centuries ago.
"In a Polarizing Case, Jeb Bush Cements His Political Stature," reads the Times hed.
The headline could have read "blah blah blah Jeb Bush Raises His Political Visibility." That's neutral-sounding, accurate.
But by using the statesmanlike word "stature," the hed makes it sound as if Jeb Bush is having a Profile in Courage crisis
moment with the Terri Schiavo case (when, more likely, he and his brother have blundered through overpandering, but let that
go for the moment).
Now, Nagourney isn't responsible for the headline, of course, but it's faithful to the awed gulp of his latest exhibition
in political naivete.
He assures us that Jeb Bush's obtrusive meddling isn't rooted in political expedience or calculation but conviction and
conscience.
"Several associates noted that he has been devoutly religious longer than President Bush, and even critics said his efforts--prodding
the Florida Legislature and the courts and defying much of the electorate--were rooted in a deep-seated opposition to abortion
and euthanasia rather than in political positioning."
Well, that's what "associates" are expected to say. Of course, those who are loyal to Jeb Bush are going to testify to
his good faith, just as Andy Card et al tell us what a conscientious, thoughtful executive Dubya is. To say otherwise would
be to risk banishment. As for the "critics" who amen those sentiments, who are they? Name one, Nagourney. Surely there must
be at least ONE quotable "critic" of Jeb Bush in the entire state of Florida who thinks that he's riding the Schiavo story
for political gain as far as it can carry him.
And it's really marvy how things turn out so neatly for Jeb. Nagourney first assures us Jeb isn't doing this for political
advantage, then a graf or so later writes, "[The] governor now certainly has a place, if he wants it, as a prime contender
in what is shaping up as a fight to represent a conservative wing that has proved increasingly dominant."
Only a NY Times reporter could be gullible enough to think that a career politician takes a stand without any thought of
future advantage and just happens to receive political advantage anyway 'cause that's kinda how things work out. That a politican
becomes "a prime contender" by accident or historical caprice. (It's opposing the religious right that would be the disadvantageous
stance to take in the Rovian Republican Party, which every future Republican candidate damn well knows.)
Adam Nagourney really ought to be writing for Tiger Beat. Because only a groupie with a byline could write of Jeb Bush's
posturing in the Schiavo story, "[The] events of recent days have fed the mystique of Mr Bush as a reluctant inheritor of
perhaps America's most famous dynasty since the Adams family two centuries ago."
So much for the Kennedys, but more to the point only the most starry-eyed hack could use the word "mystique" about an uninspired
lump of political dough like Jeb Bush, and describe him as "a reluctant inheritor," as if Jeb would really rather be in Taos
fulfilling his dream of becoming a watercolorist. You don't become governor of Florida and rig things to help your brother
become president because your soul is Hamlet-torn.
. . . .
Any blogger who uses the phrase "the liberal New York Times" without irony should be returned to the pet store as a dead
parrot.
Heh. Indeed. The American public is bright enough to recognize the actions of Jeb, his big brother, the Bug
Man and the rest as political pandering to the Religious Right. Nagourney and the Times aren't as perceptive.
TheNew York Times quoted University of South Florida professor Susan MacManus praising Bush without disclosing her ties to his administration. MacManus served on Bush's transition team on health care; was appointed by Bush to the Florida Elections Commission and served as an adviser to Bush as of August 2004.
The New York Times reported MacManus's assertion that Bush is "a very ideologically consistent person" who is
"putting politics aside" in the Terri Schiavo case:
Susan McManus [sic], a political science professor at the University of South Florida, said: "He [Bush] is a very
ideologically consistent person. He made no bones about that from the first day he ran for office. Those of us who watch him
think this is Jeb, and how he truly believes and what he truly believes, and this may be one of those instances where he's
putting politics aside."
How is it that the "culture of life" seems to apply only to zygote-Americans (no RU-486!), embryo-Americans (no stem
cell research!), fetus-Americans (no abortions!), and vege-Americans (save Terri!!!)? The Iraq war and capital punishment
apparently don't conflict with the culture of life (which explains why Dubya and Jeb can be two of its most prominent proponents).
Nor does the culture of life require doing anything for sentient post-womb humans (universal health care is evil, cutting
Medicare funding is fine, etc.).
I have written previously about the hypocrisy of some of the key players in the Schiavo circus. Diarist Rosebud at Daily Kos helpfully collects more examples. Relatedly, Jon Stewart skewers politicians' and cable television's exploitation of Schiavo.
Vivienne, an interactive companion accessible on powerful, "third-generation" cell phones, was recently introduced by the
Hong Kong company Artificial Life as a high-maintenance, video-image "girlfriend" who goes on dates with you, kisses, speaks
six languages, converses on 35,000 topics, accepts flowers and diamonds, and may even marry you (though you also acquire a
troublesome mother-in-law). Vivienne so far is prudish (no nudity, no sex), owing to Artificial Life's aim at marketing in
modest cultures, but she will appear in Europe and some U.S. cities by the end of this year (at about $6 a month plus airtime).
Said one Hong Kong video game player, characterizing Vivienne for the New York Times, "It's a little bit for the losers."
[New York Times, 2-24-04]
Names in the News
From the crime column of the Lewisville (Texas) Leader, Feb. 14: arrested on charges of drug possession, driving while
intoxicated, and driving without a license: Mr. Fred Flintstone, 34. And taken into custody in February in Miami to begin
serving a one-year sentence on alien-smuggling charges: a Chinese national whose given name is King Kong. And an obituary
from the Fort Worth (Texas) Star-Telegram, Dec. 2: Mr. Dom Perigion Champagne, whose parents were Mr. Jeron Champagne and
Ms. Perfect Engelberger. [Lewisville Leader, 2-14-05] [Tampa Tribune, 2-6-05] [Fort Worth Star-Telegram, 12-2-04]
. . . .
Finer Points of the Law
. . . .
Six years ago, during a brief affair in Chicago, Dr. Sharon Irons manually inseminated herself with sperm from Dr. Richard
O. Phillips, following oral sex. The result was a daughter, now aged 5, for whom Phillips has reluctantly been paying $800
a month to support while his lawsuit against Irons for deception travels through Illinois courts. A trial judge had dismissed
all of his claims, but in February, the Illinois Appeals Court granted a partial reversal, ordering a trial on whether she
inflicted "emotional distress" by a legally "outrageous" act. However, the court dismissed Phillips' claim that Irons had
"stolen" his sperm, stating that "it was a gift, an absolute and irrevocable transfer of title to property from a donor to
a donee" and that, without a specific agreement to return it, it was hers to do with as she pleased. [Pittsburgh Post-Gazette-AP,
2-24-05]
I read synopses of Illinois Appellate Court (misidentified as "Illinois Appeals Court" above) decisions every
day. Hard to believe that I missed that one. It must have been an unpublished decision; unpublished decisions are not generally
circulated.
Unkind title, I know -- but I'm getting tired of these "why doesn't Jeb send in the National Guard?!" people and their
weird obsession. At MyDD, Paul Rosenberg explains the thought processes of those who think Terri Schiavo's plight is the most important thing in the world. (first link via Pacific Views)
The Rethuglicans cynically tried to exploit the personal tragedy of Terri Schiavo and her family for political gain, believing
that this would be a great "wedge issue" with which to bash the Democrats. This has backfired horribly. The recent CBS poll shows huge majorities (a) disagreeing with Republicans' decision to exploit this issue (13% approve, 82% disapprove) and
(b) recognizing that it was done for political reasons (74% say Congress got involved to advance a political agenda, 13% because they care about Terri Schiavo). The poll also
shows the approval ratings of Dubya (49% last month to 43% now) and Congress (41% then, 34% now) dropping like rocks. Even
some wingnut bloggers are appalled: witness Glenn Reynolds, John Derbyshire, and John Cole. (Do read the Poor Man's response to Cole.)
In other man-bites-dog news, David Brooks (whom I thought constitutionally incapable of intellectual honesty) savages Republican
"Masters of Sleaze." As jesselee and Atrios have noted, if DeLay goes down, as he so richly deserves, he's done our side a big favor by making himself a household name in
the Schiavo fiasco.
The tide may finally be turning against the Rethuglicans. The Democrats have to keep pointing out what the GOP has shown
itself to be: power-drunk, unprincipled crooks who want to destroy Social Security and will do anything for political advantage. Pound the bastards relentlessly.
Don't let the public forget (as our side did in the 2004 election). As Atrios says:
I'm all for responsible lawmakers doing responsible things, but when Hillarycare went down the Republicans didn't say
"okay, let's do something responsible now" - they kept beating it even after it was dead and then won a bunch of seats.
We can gain fewer seats in 2006 than the Republicans did in 1994 and still take back both houses of Congress.
Eric Zorn helpfully provides links to all things Schiavo (scroll up to get to the beginning) including good stuff by Dahlia Lithwick and Tom Tomorrow, among many others
(even me).
"Terri's Law," recently purportedly enacted by Congress (I discuss the "purportedly" part below) and signed by Bush is
an extremely bad idea. It utterly shreds the principles of federalism, state's rights, and limited federal government that
"conservatives" claim to hold dear. Congress has no business intervening in a particular legal dispute and upsetting
the result reached after seven years of vigorous litigation in state court, particularly where there is no reasonable claim
that the state-court litigation was unfair or that the losing side was not capably represented. Nor should Congress be creating
a federal cause of action available to only two people -- Terri Schiavo's parents. If Congress can do this, it can insert
itself into any case, in any court in this country, whose result it does not like, and order that case retried from the
beginning in federal court. If this does not in fact constitute a "bill of attainder" forbidden by the Constitution, it is very
uncomfortably close.
The law is not only a very bad idea. It is also unconstitutional, for at least two and perhaps three reasons.
First, Article I of the Constitution enumerates the powers of Congress. They are not infinite. The
commerce clause, which gives Congress the power to regulate commerce among the states, is invariably invoked as the source
of Congress' authority where, as here, none of the other enumerated powers appears to apply. However, the Supreme Court
in a series of decisions over the past decade has held that even under the commerce clause, Congress' powers are limited.
In 1995, in the seminal case of United States v. Lopez (full text here), the Court held that the Gun-Free School Zones Act, which forbade possession of a gun in or near a school, was unconstitutional
because it exceeded Congress' powers under the commerce clause. In 2000, in United States v. Morrison (full text here), the Court held the Violence Against Women Act unconstitutional for the same reason. It accordingly threw out a federal
lawsuit brought by a woman against two men whom she alleged had raped her.
These decisions are controversial, and I am not among their fans. But given that the Supreme Court in Morrison held
that the Violence Against Women Act exceeded Congress' powers under the commerce clause, I cannot see how Terri's
Law, directed against alleged "violence" sought to be done to a single woman, is within Congress' powers.
Second, the law is unconstitutional because a quorum was not present in the Senate when it
was enacted. Many of the articles on the Senate's enactment of the bill say it was passed by a "unanimous voice vote."
The Miami Herald explains what that actually meant here:
The Senate approved the measure on an unchallenged voice vote during a rare Palm Sunday session that came amid charges
of cynical political maneuvering. Only three members were on the floor and the bill's prime sponsor, Republican Sen. Mel
Martinez of Florida, served as presiding officer. [emphasis added; link via the rude pundit]
Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority
of each shall constitute a quorum to do business . . . . [emphasis added]
The meaning of this is pretty self-evident. If explanation is needed, the Supreme Court provided it in an 1892
case:
The Constitution provides that "a majority of each [house] shall constitute a quorum to do business." In other words, when
a majority are present the house is in a position to do business. Its capacity to transact business is then established, created
by the mere presence of a majority, and does not depend upon the disposition or assent or action of any single member or fraction of the majority present. All that the Constitution requires is the presence of a majority, and when
that majority are present the power of the house arises.
The Supreme Court further held in Ballin that each house has the power to enact rules
to determine when a majority is present. 144 U.S. at 6. The relevant rule of the Senate is Standing Rule VI:
1. A quorum shall consist of a majority of the Senators duly chosen and sworn. 2. No Senator shall absent
himself from the service of the Senate without leave. 3. If, at any time during the daily sessions of the Senate, a question
shall be raised by any Senator as to the presence of a quorum, the Presiding Officer shall forthwith direct the Secretary
to call the roll and shall announce the result, and these proceedings shall be without debate. 4. Whenever upon such roll
call it shall be ascertained that a quorum is not present, a majority of the Senators present may direct the Sergeant at Arms
to request, and, when necessary, to compel the attendance of the absent Senators, which order shall be determined without
debate; and pending its execution, and until a quorum shall be present, no debate nor motion, except to adjourn, or to recess
pursuant to a previous order entered by unanimous consent, shall be in order. [emphasis added]
This rule does not authorize a gathering of three senators to decide that they are a "majority" of the Senate. To
the contrary, the first clause, "[a] quorum shall consist of a majority of the Senators duly chosen and sworn," plainly
requires fifty-one senators, not three, for a quorum. upyernoz notes the alternative:
of course, if it is valid, think of the fun we could have! if the president just gets a single senator and a single
representative to sneak into the halls of congress in the dead of night, the three of them can unanimously pass any crazy
thing they want!
There is also (at least) a third constitutional challenge to Terri's Law. It raises serious questions under
the Tenth Amendment, which the Supreme Court has often used in recent years (such as Printz v. United States (1997)) to strike down federal laws that impinge upon the authority of the states. The states have the authority
to set up their own court systems, and try cases in those systems. Those decisions are reviewable in federal courts, but only
to a limited degree -- e.g., the Supreme Court can overturn state-court decisions that violate the federal Constitution,
and lower federal courts can order the release of a prisoner who is being held in violation of the Constitution.
The federal government should not be able to overturn a state-court decision simply because it does not like the result. I
do not think this basis for challenging the law is as clear-cut as the first two, however.
Terri's Law should thus be struck down as unconstitutional both because (1) Congress lacked the power
to enact it, and (2) a quorum was not present in the Senate when the Senate purportedly passed it.
UPDATE: Some of the commenters to upyernoz's post say that the Senate (unlike the House)
doesn't bother determining if a quorum is present unless someone present raises the issue. Commenters Andew A. Gill and
A_B refer to the reference section of the Senate's website, which defines "quorum":
The number of Senators that must be present for the Senate to do business. The Constitution requires a majority of Senators
(51) for a quorum. Often, fewer Senators are actually present on the floor, but the Senate presumes that a quorum is present
unless the contrary is shown by a roll call vote or quorum call. [emphasis added]
I still fail to see how this practice can be squared with the constitutional requirement. If this is legit, I
fully expect that "the Senate," comprised of Bill Frist, either by himself or accompanied by a buddy or two (as here), will
be passing a lot more bills in the future. Who needs those pesky Democrats to gum up the works?
Dana Milbank, on his good days one of the better journalists around, writes in the Washington Post:
Partisans on the left and right have formed cottage industries devoted to discrediting what they dismissively call the
"mainstream media" -- the networks, daily newspapers and newsmagazines. Their goal: to steer readers and viewers toward ideologically
driven outlets that will confirm their own views and protect them from disagreeable facts. In an increasingly fragmented media
world, ideologues have already devolved into parallel universes, in which liberals and conservatives can select talk radio
hosts, cable news pundits and blogs that share their prejudices.
Tired of being a perennial loser as a Democrat? Want to throw in the towel? Here's a handy step-by-step guide to
becoming a Republican. (link via The Sideshow)
Brain scans show that parts of Schiavo's brain have atrophied and been replaced by spinal fluid. With such severe damage,
Schiavo can't show the recovery that Scantlin has, said Dr. Michael Pulley, assistant professor of neurology at the University
of Florida College of Medicine in Jacksonville.
"Those types of changes don't reverse," Pulley said. "If you lose big pieces of brain, regardless of what it is - trauma,
stroke, surgery - it doesn't come back." [link via World O'Crap]
Terri's husband, Michael, has testified that she told him, after they watched a movie about Karen Ann Quinlan,
that she would not want to live in such a condition. For the past seven years, he has been fighting Terri's parents in court to have her feeding tube disconnected and allow her to die in peace. The courts
have repeatedly agreed that that is what Terri would wish.
In October 2003, after years of litigation, Terri Schiavo's feeding tube was removed, only to be reinserted six
days later, after the Florida Legislature passed the law that gave Bush the power to intervene. Bush ordered the feeding tube
reinserted.
The Florida Supreme Court later held that the law under which Bush acted was unconstitutional.
In recent days, George W. Bush and Congressional Republicans have seized upon the case as an opportunity to
demonstrate their supposed "commitment to life." Dubya on Thursday issued this statement:
The case of Terri Schiavo raises complex issues. Yet in instances like this one, where there are serious questions
and substantial doubts, our society, our laws, and our courts should have a presumption in favor of life. Those who live at
the mercy of others deserve our special care and concern. It should be our goal as a nation to build a culture of life, where
all Americans are valued, welcomed, and protected - and that culture of life must extend to individuals with disabilities.
This is a meaningless statement. It's fine to have a "presumption in favor of life," but that presumption
has been repeatedly rebutted:
Michael Schiavo contends his wife would not want to be kept alive artificially. . . .
. . . Over the years, courts have sided with [him] in more than a dozen cases.
On Friday, Congress took the bizarre step of subpoenaing Terri Schiavo to appear before it. The Florida trial judge nonetheless ordered her feeding tube removed "forthwith," and the Supreme
Court of the United States refused to intervene.
Tom DeLay and other deeply concerned Congressmen were undeterred:
Already rebuffed by the highest federal and state courts, DeLay and other Republican members of Congress pushed ahead throughout
the day and into the night with their legislative crusade on behalf of the severely brain-damaged Florida woman.
Their objective: Pass a bill that would cloak Schiavo — and only Schiavo — in some degree of federal protection and allow
her parents to seek federal appeal of their legal setbacks in Florida courts.
"We are confident this compromise will restore nutrition and hydration to Mrs. Schiavo as long as that appeal endures,"
DeLay said. "Obviously, the judge will have to put the feeding tube back in or she could die before the case is heard."
The proposed legislation is an amazing abridgment of "state's rights," allegedly so dear to Republicans (at
least when a state is itching to kill some black guy for a murder that he may not have committed). The
bill would require the case to be litigated from the beginning in federal court, effectively wiping seven years of state-court litigation off the map. (link via Atrios)
"Right now," Tom DeLay said on Friday, "murder is being committed against a defenseless American citizen in Florida.
Terri Schiavo's feeding tube should be immediately replaced, and Congress will continue working to explore ways to save her."
.
. . .
"Mrs. Schiavo's life is not slipping away - it is being violently wrenched from her body in an
act of medical terrorism," DeLay said. "Mr. Schiavo's attorney's characterization of the premeditated starvation and dehydration
of a helpless woman as 'her dying process' is as disturbing as it is unacceptable. What is happening to her is not compassion
- it is homicide. She doesn't need to die, and as long as Terri Schiavo can breathe and her supporters can pray, we will not
rest." [link via Digby]
Today, the Schindlers are spending much of the afternoon with a crew from the Christian Broadcasting Network, operated
by the evangelist Pat Robertson. There is no question which side the CBN is on. "There is a spiritual battle going on. There
is a pro-death movement out there right now, and it nearly killed Terri," says reporter Wendy Griffith.
"From our perspective, it is a spiritual battle. It basically comes down to good and evil, life and death."
How seriously should we take the concern and outrage of Dubya, DeLay, Bob Schindler, and the right-to-lifers?
Let's take them one at a time.
First, Dubya. In 1999, as governor of Texas, Bush signed into lawthis statute, which allows a hospital to discontinue life support, over the objections of the patient's family, if the hospital's
ethics committee finds that the treatment is nonbeneficial. (link via Mark A.R. Kleiman) Although the law originally applied only to adult patients, in 2003 the Texas legislature extended it to include children.
The baby wore a cute blue outfit with a teddy bear covering his bottom. The 17-pound, nearly 6-month-old boy wiggled with
eyes open, his mother said, and smacked his lips.
Then at 2 p.m. Tuesday, a medical staffer at Texas Children's Hospital gently removed the breathing tube that had kept
Sun Hudson alive since his birth Sept. 25. Cradled by his mother, he took a few breaths, and died.
"I talked to him, I told him that I loved him. Inside of me, my son is still alive," Wanda Hudson told reporters afterward.
"This hospital was considered a miracle hospital. When it came to my son, they gave up in six months. ... They made a terrible
mistake." [link via Long Story Short Pier]
Also in Houston, doctors are invoking the law Governor George W. Bush signed in announcing that they intend to cut off life support for Spiro Nikolouzos against his family's wishes:
A patient's inability to pay for medical care combined with a prognosis that renders further care futile are two
reasons a hospital might suggest cutting off life support, the chief medical officer at St. Luke's Episcopal Hospital said
Monday.
Dr. David Pate's comments came as the family of Spiro Nikolouzos fights to keep St. Luke's from turning off the ventilator
and artificial feedings keeping the 68-year-old grandfather alive.
St. Luke's notified Jannette Nikolouzos in a March 1 letter that it would withdraw life-sustaining care of her husband
of 34 years in 10 days, which would be Friday. Mario Caballero, the attorney representing the family, said he is seeking a
two-week extension, at minimum, to give the man more time to improve and to give his family more time to find an alternative
facility. [link via Atrios; typo in story corrected]
Has Dubya spoken out against these terrible abuses of the bill that he signed into law? Has he stated that "there
should be a presumption in favor" of allowing the lives of Sun Hudson and Spiro Nikolouzos to continue? Has he declared
that he made a terrible mistake, and wishes he had vetoed the bill instead of signing it? Nope. He hasn't
said a word.
Second, Tom DeLay. He's a Texan, too. Has he spoken out about the taking of Sun Hudson's
life, and the threat to take Spiro Nikolouzos's life, both in Texas? Surely he's given enraged press conferences
denouncing these as "murder" and "medical terrorism," and introduced legislation to protect the lives of Sun Hudson, Spiro
Nikolouzos, and others like them? Nah. Not a peep out of him, either.
An article in today's Washington Postsuggests that DeLay and other congressional Republicans' deep concern about Ms. Schiavo might be (gasp!) politically motivated:
In a memo distributed only to Republican senators, the Schiavo case was characterized as "a great political issue" that
could pay dividends with Christian conservatives, whose support is essential in midterm elections such as those coming up
in 2006.
. . . .
An unsigned one-page memo, distributed to Republican senators, said the debate over Schiavo would appeal to the party's
base, or core, supporters. The memo singled out Sen. Bill Nelson (D-Fla.), who is up for reelection next year and is potentially
vulnerable in a state President Bush won last year.
"This is an important moral issue and the pro-life base will be excited that the Senate is debating this important issue,"
said the memo, which was reported by ABC News and later given to The Washington Post. "This is a great political issue, because
Senator Nelson of Florida has already refused to become a cosponsor and this is a tough issue for Democrats." [link via Talking Points Memo]
Third, Bob Schindler. He's probably too preoccupied with his daughter's case to have heard about Sun
Hudson or Spiro Nikolouzos, so it wouldn't be fair to criticize him for not saying anything about them. But it turns
out that he pulled the plug on his own mother:
[G]iven the vehemence with which he has been fighting to prolong Terri's life, it is a little surprising to learn that
Robert decided to turn off the life-support system for his mother. She was 79 at the time, and had been ill with pneumonia
for a week, when her kidneys gave out. "I can remember like yesterday the doctors said she had a good life. I asked, 'If you
put her on a ventilator does she have a chance of surviving, of coming out of this thing?'" Robert says. "I was very angry
with God because I didn't want to make those decisions." [emphasis added]
Fourth, the right-to-lifers. The inconsistency of Dubya and DeLay and Bob Schindler is very
disappointing. But surely the highly principled right-to-life folks have been just as upset about Sun Hudson
and Spiro Nikolouzos as they have about Terri Schiavo? No, they've haven't said jack about Sun or Spiro, either. Odd.
But surely the right-to-lifers vigorously opposed that horrible Texas law that allows hospitals to discontinue
treatment to Sun, Spiro and others against their families' wishes, right? No, they helped write it:
[O]ne of the co-drafters in both 1999 and 2003 was the National Right to Life Committee. Witnesses who testified in support
of the bill in 1999 included representatives of National Right to Life [and] Texas Right to Life . . . .
By now most people who read liberal blogs are aware that George W. Bush signed a law in Texas that expressly gave hospitals the right to remove life support if the patient could
not pay and there was no hope of revival, regardless of the patient's family's wishes. It is called the Texas Futile Care Law. Under this law, a baby was removed from life support against his mother's wishes in
Texas just this week. A 68 year old man was given a temporary reprieve by the Texas courts just yesterday.
Those of
us who read liberal blogs are also aware that Republicans have voted en masse to pull the plug (no pun intended) on Medicaid
funding that pays for the kind of care that someone like Terry Schiavo and many others who are not so severely brain damaged
need all across this country.
Those of us who read liberal blogs also understand that that the tort reform that is
being contemplated by the Republican Congress would preclude malpractice claims like that which has paid for Terry Schiavo's
care thus far.
Those of us who read liberal blogs are aware that the bankruptcy bill will make it even more difficult
for families who suffer a catastrophic illness like Terry Schiavo's because they will not be able to declare chapter 7 bankruptcy
and get a fresh start when the gargantuan medical bills become overwhelming.
And those of us who read liberal blogs
also know that this grandstanding by the Congress is a purely political move designed to appease the religious right and that
the legal maneuverings being employed would be anathema to any true small government conservative.
Those who don't
read liberal blogs, on the other hand, are seeing a spectacle on television in which the news anchors repeatedly say that
the Congress is "stepping in to save Terry Schiavo" mimicking the unctuous words of Tom DeLay as they grovel and leer at the
family and nod sympathetically at the sanctimonious phonies who are using this issue for their political gain. [link via Atrios; typos corrected]
Bill Moyers has a hair-raising must-read piece in the New York Review of Books. I can't do it justice without cutting-and-pasting the whole thing,
but here's an excerpt:
There are times when what we journalists see and intend to write about dispassionately sends a shiver down the spine, shaking
us from our neutrality. This has been happening to me frequently of late as one story after another drives home the fact that
the delusional is no longer marginal but has come in from the fringe to influence the seats of power. We are witnessing today
a coupling of ideology and theology that threatens our ability to meet the growing ecological crisis. Theology asserts propositions
that need not be proven true, while ideologues hold stoutly to a world view despite being contradicted by what is generally
accepted as reality. The combination can make it impossible for a democracy to fashion real-world solutions to otherwise intractable
challenges.
. . . .
There are millions of Christians who believe the Bible is literally true, word for word. Some of them—we'll
come back to the question of how many— subscribe to a fantastical theology concocted in the nineteenth century by two immigrant
preachers who took disparate passages from the Bible and wove them with their own hallucinations into a narrative foretelling
the return of Jesus and the end of the world. Google the "Rapture Index" and you will see just how the notion has seized the
imagination of many a good and sincere believer (you will also see just where we stand right now in the ticking of the clock
toward the culmination of history in the apocalypse). It is the inspiration for the best-selling books in America today—the
twelve novels in the Left Behind series by Christian fundamentalist and religious- right warrior Tim LaHaye, a co- founder
with Jerry Falwell of the Moral Majority.
The plot of the Rapture—the word never appears in the Bible although some fantasists insist it is the hidden code to the
Book of Revelation—is rather simple, if bizarre. (The British writer George Monbiot recently did a brilliant dissection of
it and I am indebted to him for refreshing my own insights.) Once Israel has occupied the rest of its "biblical lands," legions
of the Antichrist will attack it, triggering a final showdown in the valley of Armageddon. As the Jews who have not been converted
are burned the Messiah will return for the Rapture. True believers will be transported to heaven where, seated at the right
hand of God, they will watch their political and religious opponents writhe in the misery of plagues—boils, sores, locusts,
and frogs—during the several years of tribulation that follow.
I'm not making this up. Like Monbiot, I read the literature, including The Rapture Exposed, a recent book by Barbara
Rossing, who teaches the New Testament at the Lutheran School of Theology at Chicago, and America Right or Wrong, by
Anatol Lieven, senior associate at the Carnegie Endowment for International Peace. On my weekly broadcast for PBS, we reported
on these true believers, following some of them from Texas to the West Bank. They are sincere, serious, and polite as they
tell you they feel called to help bring the Rapture on as fulfillment of biblical prophecy. To this end they have declared
solidarity with Israel and the Jewish settlements and backed up their support with money and volunteers.
For them the invasion of Iraq was a warm-up act, predicted in the Book of Revelation, where four angels "bound in the great
river Euphrates" will be released "to slay the third part of man." A war with Islam in the Middle East is not something to
be feared but welcomed—an essential conflagration on the road to redemption. The last time I Googled it, the Rapture Index
stood at 144—approaching the critical threshold when the prophecy is fulfilled, the whole thing blows, the Son of God returns,
and the righteous enter paradise while sinners will be condemned to eternal hellfire.
What does this mean for public policy and the environment? Listen to John Hagee, pastor of the 17,000- member Cornerstone
Church in San Antonio, who is quoted in Rossing's book as saying: "Mark it down, take it to heart, and comfort one another
with these words. Doomsday is coming for the earth, for the nations, and for individuals, but those who have trusted in Jesus
will not be present on earth to witness the dire time of tribulation." Rossing sums up the message in five words that she
says are basic Rapture credo: "The world cannot be saved." It leads to "appalling ethics," she reasons, because the faithful
are relieved of concern for the environment, violence, and everything else except their personal salvation. The earth suffers
the same fate as the unsaved. All are destroyed.
. . . .
How many true believers are there? It's impossible to pin down. But there is a constituency for the End Times. A Newsweek
poll found that 36 percent of respondents held the Book of Revelation to be "true prophecy." (A Time/ CNN poll reported
that one quarter think the Bible predicted the 9/11 attacks.) Drive across the country with your radio tuned to some of the
1,600 Christian radio stations or turn to some of the 250 Christian TV stations and you can hear the Gospel of the Apocalypse
in sermon and song. . . .
. . . .
You can understand why people in the grip of such fantasies cannot be expected to worry about the environment. As Glenn
Scherer writes in his report for the on-line environmental magazine Grist, why care about the earth when the droughts,
floods, famine, and pestilence brought by ecological collapse are signs of the apocalypse foretold in the Bible? Why care
about global climate change when you and yours will be rescued in the Rapture? Why bother to convert to alternative sources
of energy and reduce dependence on oil from the volatile Middle East? Anyway, until Christ does return, the Lord will provide.
. . . .
While it is impossible to know how many people hold these views, we do know that fundamentalists constitute a large and
powerful proportion of the Republican base, and, as Anatol Lieven writes, "fundamentalist religiosity has become an integral
part of the radicalization of the right in the US and of the tendency to demonize political opponents as traitors and enemies
of God and America"—including, one must note, environmentalists, who are routinely castigated as villains and worse by the
right. No wonder Karl Rove wandered the White House whistling "Onward Christian Soldiers" as he prepared for the 2004 elections.
. . . .
I am not suggesting that fundamentalists are running the government, but they constitute a significant force in the coalition
that now holds a monopoly of power in Washington under a Republican Party that for a generation has been moved steadily to
the right by its more extreme variants even as it has become more and more beholden to the corporations that finance it. One
is foolish to think that their bizarre ideas do not matter. I have no idea what President Bush thinks of the fundamentalists'
fantastical theology, but he would not be president without them. He suffuses his language with images and metaphors they
appreciate, and they were bound to say amen when Bob Woodward reported that the President "was casting his vision, and that
of the country, in the grand vision of God's master plan."
That will mean one thing to Dick Cheney and another to Tim LaHaye, but it will confirm their fraternity in a regime whose
chief characteristics are ideological disdain for evidence and theological distrust of science. Many of the constituencies
who make up this alliance don't see eye to eye on many things, but for President Bush's master plan for rolling back environmental
protections they are united. A powerful current connects the administration's multinational corporate cronies who regard the
environment as ripe for the picking and a hard-core constituency of fundamentalists who regard the environment as fuel for
the fire that is coming. Once again, populist religion winds up serving the interests of economic elites.
The corporate, political, and religious right's hammerlock on environmental policy extends to the US Congress. Nearly half
of its members before the election—231 legislators in all (more since the election)—are backed by the religious right, which
includes several powerful fundamentalist leaders like LaHaye. Forty-five senators and 186 members of the 108th Congress earned
80 to 100 percent approval ratings from the most influential Christian Right advocacy groups. Not one includes the environment
as one of their celebrated "moral values."
Read the whole thing. Scary, scary stuff. (Thanks to Scott Horton)
Ever wonder why Jerry Falwell is so screwed up? Consider his father, as described in Falwell's autobiography:
There were times that Dad’s pranks bordered on cruelty. One of his oil-company workers, a one-legged man he nicknamed “Crip”
Smith, complained about everything. Dad and Crip’s co-workers got tired of the old man’s bellyaching and decided to take revenge.
One morning Crip called in sick and Dad volunteered to send by lunch to his grateful but suspicious employee. Dad and his
chums caught Crip’s old black tomcat, killed it, skinned it, and cooked it in the kitchen of one of Dad’s little restaurants.
They called it squirrel meat and delivered it to Crip on a linen-covered tray. When Crip returned to work the next morning,
Dad and his co-conspirators asked him how he liked his meal. They knew he would complain even about a free home-cooked lunch,
and when Crip called it “the toughest squirrel meat” he had ever eaten, they were glad to tell him why.
"Bordered on" cruelty? Collecting this and other examples (Bill "Cat-Killer" Frist, Jonah Goldberg), the Poor Man
asks:
What the hell do wingnuts have against poor pussy cats?
Nearly three-quarters of workers who opt for Social Security personal accounts under President Bush's "default" investment
option are likely to earn less in benefits than those who stay with the traditional Social Security system, a prominent finance
economist has concluded.
A new paper by Yale University economist Robert J. Shiller found that under Bush's default "life-cycle accounts,"
which shift assets from stocks to bonds over a worker's lifetime, nearly a third of workers would bring in less in benefits
than if they remained in the traditional system. That analysis is based on historical rates of return in the United States.
Using global rates of return, which Shiller says more closely track future conditions, life-cycle portfolios could be expected
to fall short of the traditional system's returns 71 percent of the time.
Both the White House and the Social Security Administration have relied on historical returns in estimating the earnings
of proposed personal investment accounts. Shiller used 91 computer simulations to analyze the past performance of stocks and
bonds in a variety of portfolios. He measured the returns in 44-year increments, beginning in 1871, to approximate a worker's
lifetime contributions to personal accounts.
The results "showed a disappointing outlook for investors in the personal accounts relative to the rhetoric of their
promoters," concluded Shiller, a leading researcher in stock market volatility who gained fame in the late 1990s for his warnings
of a stock market bubble. [link via Atrios]
What's even more remarkable are the people who apparently agree with Shiller. The Post's Jonathan Weisman quotes
both Jeremy Siegel, a stock market enthusiast, and Kevin Hassett of the conservative American Enterprise Institute in support
of Shiller's views. All three agree that balanced investment portfolios are unlikely to earn 3% a year over the next few decades.
The Heritage Foundation demurs as expected, but if a routine denunciation from Heritage is the best the privatizers can do,
they're in big trouble.
Bottom line: any kind of prudent investment is likely to leave a lot of people worse off than they are under current Social
Security law. As with any financial scheme, you should be mighty cautious about signing on the dotted line when you're dealing
with a fast talking huckster who's seems a little too eager to sell his goods without giving you time to read the fine print.
And who's a faster talking huckster than our very own George W. Bush?
Professor Shiller's study is available at his website. (link via Max)
After the Mighty One linked to one of my posts on Friday, I got 8,277 hits that day. That's almost thrice the 3,076 hits I got on July 14, 2004, when Josh
Marshall, and Dan Froomkin of the Washington Post, linked to this post. If I got 8,277 hits in a month, it would be my second best month ever (after July 2004, when I got 11,000-and-something).
As you have doubtless heard, the Senate recently rejected, 51-49, an amendment to the budget that would have forbidden
drilling in the Alaskan National Wildlife Reserve. Senator Barbara Boxer, undeterred, has posted a petition warning oil company presidents that if they drill in ANWR, we will boycott their companies and their products. I think
this is a very powerful idea. Knowing that drilling in ANWR means that a few million people won't buy your gas anymore
is a powerful disincentive. On the other side, knowing that if you don't drill, you'll take customers from all the companies
that do is a powerful reason to stay out of ANWR. Go sign the petition.
Frank Lynch, commenting on my post below, noted that the Social Security Administration's website has a section containing presidents' statements about Social Security, which quotes many other anti-privatization statements by Daddy Bush. Heh. Indeed:
And there's one thing I hope we will be able to agree on. It's about our commitments. I'm talking about Social Security.
To every American out there on Social Security, to every American supporting that system today, and to everyone counting on
it when they retire, we made a promise to you, and we are going to keep it.
We rescued the system in 1983, and it's
sound again-bipartisan arrangement. Our budget fully funds today's benefits, and it assures that future benefits will be funded
as well. The last thing we need to do is mess around with Social Security.
We rescued the Social Security system eight years ago on a bipartisan basis. When we did, we made a promise to
every American who receives Social Security benefits, to those who support the system today, and to those who will rely on
it when they retire. We have worked together to assure that today's benefits are protected and that the system will be strong
enough to continue providing benefits to future retirees. I intend to assure that we keep our promise.
Q. I'm a lunchroom lady, and this is something--I'm really very privileged. How many times do we get that opportunity,
you know, us little folks down here? But I am concerned about Social Security. I'm about, well, a little less than 20 years
away from it, but I'm concerned about if I'm going to have it when I get up there. And I have a 2-week-old granddaughter that,
in 62 years--I know that's a long time, but she's going to be there, too, someday. I want to know that we have that available
to us when we're ready for it.
The President. First place, I think you'll remember that I'm the President that said in the State of the Union Message,
don't mess with Social Security, don't touch it. . . . We ought not to mess with it.
It was fixed in a bipartisan agreement under the Reagan administration, I think in '83 or '84, in there. It is solvent
well into the--way after the turn of the century, up until about 2030 or something like that. If it needs further adjustments
then, it should be fixed then. You'll still be alive, but I don't think I'll be around wrestling with the problem in the year
2030. And we ought not to fool around with it.
In my budget plan, this Agenda for American Renewal, I say we've got to control the growth of these mandatory programs,
but set Social Security aside. It's not a welfare program. It originally was to be a supplement to people's incomes. It's
sacrosanct.
I differ with Mr. Perot. I don't want to touch Social Security. He has in his program doing something about reducing Social
Security for some. I don't think we ought to do that. I think we ought to set Social Security aside. It's not just another
guaranteed program. It is a rather sacrosanct program with a trust fund.
I never would have believed that I'd ever pine for the good old days of George H.W. Bush's presidency.
GEORGE H.W. BUSH DISAVOWS PRIVATIZATION: ... back in 1987.
Crack TNR editorial assistant Ben Adler recently fished this H.W. Bush quote out of the TNR archives (from the November
23, 1987 issue):
I think it's a nutty idea to fool around with the Social Security system and run the risk of [hurting] the people
who've been saving all their lives.... It may be a new idea, but it's a dumb one.
For those keeping score, the comment came in response to a question from fellow presidential candidate Pete du Pont during
a presidential debate. Du Pont was an advocate of partially privatizing the program. [link via BuzzFlash]
People Magazine, March 21, 2005, at 71, referring to Dennis Rader, recently arrested in Wichita, Kansas and
charged with being the BTK (Bind, Torture, Kill) serial killer:
"Dennis always seemed--seems--to be a man of faith and conviction," says the Rev. Sally Fahrenthold, retired pastor of
Christ Lutheran Church, where Rader has yet to be replaced as president of the church council.
March 14, 2005 (AXcess News) Brookfield, WI - Terry Ratzmann entered the rear of his church and began firing at members
of his congregation. Nearly out of bullets and without uttering a word Ratzmann then shot himself.
Wisconsin police
remain puzzled over Ratzmann's motive in killing seven members of the Living Church of God. When it was over, seven lay dead
and four wounded. Police said there was no suicide note or clue as to why he began shooting Saturday in Brookfield, a Milwaukee
suburb.
In the new poll, 56 percent [of Americans] said they think Iraq had weapons of mass destruction before the start of the
war and 6 in 10 said they believe Iraq provided direct support to the al Qaeda terrorist network, which struck the United
States on Sept. 11, 2001.
I got this from Legal Fiction, which observes, as to the 56% number:
This number is essentially unchanged from a similar Post poll from February of 2004, when the numbers were 60-33. Today, they are 56-40. That's pretty amazing given that, in the past
year, both David Kay and Charlie Duelfer have concluded that Iraq had no WMDs.
I guess this shouldn't come as a surprise in a country where evolution is controversial and 48% of
the population believes that humans and dinosaurs coexisted. Yabba dabba doo.
Here's an atheist's novel answer to whether governments should be allowed to publicly post the Ten Commandments: post all versions of
them. (link via glenstonecottage, commenting at World O'Crap
Talking Points Memo has opened a special bankruptcy annex, run by Harvard Law Professor Elizabeth Warren and three law students, to discuss the bankruptcy bill now
before Congress. If, like me, you're not an economist, don't think about bankruptcy much, and don't know much
about the bankruptcy "reform" bill, it's very informative -- and important. Check it out.
Billmon helpfully contrasts Russia, where the State controls the media, and the United States, where . . . it's much the same.
Billmon also notes a State Department report that, according to the New York Times, "detailed an array of human rights abuses last year by the Iraqi government,
including torture, rape and illegal detentions by police officers and functionaries of the interim administration that took
power in June." You might want to ask the folks in Gitmo and Abu Ghraib, Maher Arar and the other people we've subjected to "extraordinary rendition," and Jose Padilla about our own practices in that regard.
ACLU and Human Rights First Sue Defense Secretary Rumsfeld Over U.S. Torture Policies March
1, 2005
WASHINGTON -- Defense Secretary Donald Rumsfeld bears direct responsibility for the torture and abuse of detainees
in U.S. military custody, the American Civil Liberties Union and Human Rights First charged today in the first federal court
lawsuit to name a top U.S. official in the ongoing torture scandal in Iraq and Afghanistan that has tarnished America's reputation.
Former Government and Military Officials Join Landmark Lawsuit
WASHINGTON -- Defense Secretary Donald Rumsfeld bears direct responsibility for the torture and abuse
of detainees in U.S. military custody, the American Civil Liberties Union and Human Rights First charged today in the first
federal court lawsuit to name a top U.S. official in the ongoing torture scandal in Iraq and Afghanistan that has tarnished
America's reputation.
The lawsuit was filed in federal court in Illinois on behalf of eight men who were subject to torture
and abuse at the hands of U.S. forces under Secretary Rumsfeld's command. The parties are seeking a court order declaring
that Secretary Rumsfeld's actions violated the U.S. Constitution, federal statutes and international law.
"Secretary Rumsfeld bears direct and ultimate responsibility for this descent into horror by personally
authorizing unlawful interrogation techniques and by abdicating his legal duty to stop torture," said Lucas Guttentag, lead
counsel in the lawsuit and director of the ACLU's Immigrants' Rights Project. "He gives lip service to being responsible but
has not been held accountable for his actions. This lawsuit puts the blame where it belongs, on the Secretary of Defense."
The groups are joined as co-counsel in the lawsuit by Rear Admiral John D. Hutson (Ret. USN), former Judge
Advocate General of the Navy; Brigadier General James Cullen (Ret. USA), former Chief Judge (IMA) of the U.S. Army Court of
Criminal Appeals; and Bill Lann Lee, Chair of the Human Rights Practice Group at Lieff, Cabraser, Heimann & Bernstein,
LLP and former Assistant Attorney General for Civil Rights at the Department of Justice. Admiral Hutson and General Cullen
are "of counsel" to Human Rights First.
"Since Abu Ghraib, we have vigorously campaigned for an independent commission to investigate U.S. policies
that have led to torture and cruel treatment of detainees. These calls have gone unanswered by the administration and Congress,
and today many of the illegal policies remain in place," said Michael Posner, Executive Director of Human Rights First. "We
believed the United States could correct its policy without resort to the courts. In bringing this action today, we reluctantly
conclude that we were wrong."
The men represented in the lawsuit were incarcerated in U.S. detention facilities in Iraq and Afghanistan,
where they were subjected to torture and other cruel and degrading treatment, including severe and repeated beatings, cutting
with knives, sexual humiliation and assault, mock executions, death threats, and restraint in contorted and excruciating positions.
None of the men were ever charged with a crime. All have been released.
"One of the greatest strengths of the U.S. military throughout our history has been strong civilian leadership
at the top of the chain of command," said Admiral Hutson. "Unfortunately, Secretary Rumsfeld has failed to live up to that
tradition. In the end, that imperils our troops and undermines the war effort. It is critical that we return to another military
tradition: accountability."
In legal papers, the groups charged Secretary Rumsfeld with violations of the U.S. Constitution and international
law prohibiting torture and cruel, inhuman or degrading punishment. The lawsuit also seeks compensatory damages for the harms
suffered as a result of torture and other abuse.
According to the complaint, Secretary Rumsfeld "authorized an abandonment of our nation's inviolable and
deep-rooted prohibition against torture or other cruel, inhuman or degrading treatment or punishment of detainees in U.S.
military custody." The complaint further charges that brutal and illegal interrogation techniques were personally approved
by Secretary Rumsfeld in December 2002. Those techniques included the use of "stress positions," 20-hour interrogations, the
removal of clothing, the use of dogs, isolation, and sensory deprivation.
Although some of these techniques were later rescinded, Rumsfeld personally approved a new list in April
2003, which included dietary manipulation, sensory deprivation and "false flag" (leading detainees to believe that they have
been transferred to a country that permits torture). He also made clear that harsher techniques could be used with his personal
authorization.
"Human rights law and military rules prohibit torture at all times and in every circumstance, a principle
that applies to the highest commander as well as the lowest subordinate," said co-counsel Lee, the former Justice Department
official.
Official government reports have documented many horrific abuses inflicted on detainees in U.S. custody.
They have shown that the abuse was ongoing and was not limited to the notorious Abu Ghraib prison. The ACLU and other advocacy
groups have obtained over 23,000 pages of documents concerning abuses through a Freedom of Information Act lawsuit, online
at www.aclu.org/torturefoia. As these documents indicate, the FBI began to complain about the interrogation techniques used by the military on detainees
in Guantánamo as early as 2002, techniques that spread to Afghanistan and Iraq. Media reports have also brought many disturbing
incidents to light, including the deaths of detainees in custody.
The ACLU and Human Rights First have created a detailed timeline of the various actions that Secretary
Rumsfeld took and the points at which he was informed of the abuses that resulted, online at www.aclu.org/rumsfeld and www.humanrightsfirst.org/lawsuit.
"The effects of Rumsfeld's policies have been devastating both to America's international reputation as
a beacon of freedom and democracy, and to the hundreds, even thousands of individuals who have suffered at the hands of U.S.
forces," said ACLU Executive Director Anthony D. Romero.
Details about the clients in the case can be found in the legal complaint and in individual biographical
statements online at www.aclu.org/rumsfeld and www.humanrightsfirst.org/lawsuit. Due to safety and privacy concerns, the individuals named in the complaint are not currently available for interview.
The ACLU has also filed three similar complaints against Colonel Thomas Pappas, Brigadier General Janis
Karpinski and Lt. General Ricardo Sanchez on behalf of the torture victims who were detained in Iraq. These three additional
complaints were filed in federal courts in Connecticut, South Carolina and Texas, respectively, due to court requirements
regarding jurisdiction.
The case is Ali et al., v. Rumsfeld, filed in U.S. District Court in the Northern District of
Illinois. In addition to Guttentag, Adm. Hutson, Gen. Cullen, Posner and Lee, the attorneys in the case are: Steven R. Shapiro,
Cecillia Wang, Amrit Singh and Omar Jadwat of the ACLU; Deborah Pearlstein and Fiona Doherty of Human Rights First; Chimène
I. Keitner and Nirej S. Sekhon of Lieff Cabraser Heimann & Bernstein LLP; Paul Hoffman of Schonbrun DeSimone Seplow Harris
& Hoffman LLP; Erwin Chemerinsky of Duke University School of Law; David Rudovsky of Kairys, Rudovsky, Epstein & Messing
LLP; and Harvey Grossman, Legal Director of the ACLU of Illinois.
All counsel are representing the plaintiffs on a pro bono basis.
"The only thing necessary for the triumph of evil is for good men to do nothing." Edmund Burke
"Dissent is the highest form of patriotism." Thomas Jefferson
"To announce that there must be no criticism of the President, or that we are to stand by the President, right or wrong,
is not only unpatriotic and servile, but is morally treasonable to the American public." Theodore Roosevelt
"Some folks are born silver spoon in hand, Lord, don't they help themselves . . . . Some folks inherit star spangled eyes,
ooh, they send you down to war" Creedence Clearwater Revival, "Fortunate Son"
"Patriotism is the last refuge of a scoundrel." Samuel Johnson
"There is no flag large enough to cover the shame of killing innocent people." Howard Zinn
"Killing a man to defend an idea isn't defending an idea. It's killing a man." Jean-Luc Godard, Notre Musique (2004)
"Killing one person is murder. Killing 100,000 is foreign policy." Unknown
"The people can always be brought to the bidding of the leaders. This is easy. All you have to do is to tell them they
are being attacked, and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same
in every country." Hermann Goering
"I actually think Bush is the greatest threat to life on this planet." London Mayor Ken Livingstone
"They could be made to accept the most flagrant violations of reality, because they never fully grasped the enormity
of what was demanded of them, and were not sufficiently interested in public events to notice what was happening." George
Orwell, 1984