Thursday, April 9, 2009

Marine acquitted of murder in Iraq slaying

By ELLIOT SPAGAT

CAMP PENDLETON, Calif. – A military jury on Thursday acquitted a Marine sergeant on charges of murdering an unarmed detainee during battle in Fallujah, Iraq. The jury also acquitted Sgt. Ryan Weemer of dereliction of duty in the November 2004 death.

The panel of eight Marines who served in Iraq or Afghanistan got the case Wednesday and deliberated more than four hours.

Weemer, of Hindsboro, Ill., could have faced a maximum sentence of life in prison and dishonorable discharge if convicted of murder. The maximum sentence for dereliction is six months in prison and a bad conduct discharge.

In closing arguments Wednesday, a defense attorney said the 26-year-old Weemer acted in self-defense.

The prosecutor, Capt. Nicholas Gannon, recounted that Weemer said in recorded interviews that he shot the man and told a squadmate that he would have to live with that for the rest of his life.

Weemer also said in interviews that he and other Marines shot a total of four men in a house after their squad suffered its first fatality.

"I can't bring you an autopsy report," Gannon said. "I don't have one, but we have a lot of evidence that shows you beyond a reasonable doubt that the accused shot an individual in the chest twice.... The killing was unlawful."

The prosecutor told jurors they should convict Weemer of lesser charges of voluntary manslaughter or assault if they acquit him of murder.

During the one-week court-martial, the defense argued that the government could not prove Weemer killed the unarmed captive because there are no bodies, no relatives complaining of a lost loved one and no forensic evidence.

Weemer's civilian attorney, Paul Hackett, said in his closing argument that Weemer fired while he and other Marines were trying to seize a house from insurgents. He recounted testimony and statements of Weemer's squadmates that portrayed a confusing scene.

"This was chaos!" he said. "(The detainees) were not cooperating. If they're not cooperating, they're not under control. If they're not under control, they pose a threat to these Marines."

Hackett told jurors to be skeptical of a 2006 recorded interview that Weemer gave to Naval Criminal Investigative Service agents in which he describes shooting the detainee. He said one agent was an experienced interrogator who knew how to wear Weemer down.

"It is a very, very, very complicated, confusing interview," Hackett said.

Weemer told two NCIS agents that he was covered with the blood of his best friend, who had been killed by a sniper, just before his squad leader ordered him to kill the prisoner, according to a tape recording played at the court martial.

"I grabbed a gun and took him to the back of the house," Weemer, 26, said on the tape. "I shot him twice in the chest."

Weemer said he argued with his squad leader, former Sgt. Jose Luis Nazario, before complying with the order to kill the man, who was taken prisoner when Marines stormed a house on the first day of the assault on Fallujah.

"I definitely wasn't the type to disobey an order," he said.

Last August, Nazario was acquitted in Riverside federal court of killing two prisoners and ordering Weemer and another Marine to each kill one.

Another sergeant, Jermaine Nelson, has pleaded not guilty to unpremeditated murder and dereliction of duty, but his court-martial has been indefinitely postponed because of a flurry of last-minute motions filed by his attorney.

Obama's G20 plan kisses off Declaration of Independence

(Compiler's note: Another must read -- wake up America)

by Jerome Corsi

At the G20 meeting in London, President Obama agreed to create of an international board with authority to intervene in U.S. corporations by dictating executive compensation and approving or disapproving business management decisions, Jerome Corsi's Red Alert reports.

Political consultant Dick Morris said that by agreeing to create the Financial Stability Board, Obama is a "willing accomplice" to a decision that effectively repealed the U.S. Declaration of Independence and abrogated the sovereignty of the United States.

The final communiqués coming out of the G20 meeting in London April 2 included a document entitled "Declaration on Strengthening the Financial System."

"By agreeing to the stipulations in this document, President Obama gave the blessing of the United States to the G20 decision to elevate the Financial Stability Forum into the Financial Stability Board," Corsi wrote. "The United States has only one vote in the newly constituted Financial Stability Board, a group that will be largely controlled by European central bankers."

The new global regulator now has the authority to examine all U.S. banks, brokerage firms and corporations – including non-financial companies such as the Big Three automakers – to examine operations and determine risk.

The Financial Stability Board then has the international authority to set policies in these corporations, including compensation packages the private boards of directors in the examined companies decide to pay top executives and senior managers.

Morris charged that the Obama administration, by agreeing to create the Financial Stability Board, has gone beyond nationalizing U.S. corporations, to "internationalize" U.S.-based corporations under the control of this new global regulator.

While the G20 focused on regulating risks in hedge funds and derivatives, the authority of the Financial Stability Board extends to any banking, brokerage or business practice by a major U.S. corporation that the Financial Stability Board on its own authority determines is unduly risky.

Under the premise that the IMF and the Financial Stability Board would have the ability to make loans to important U.S. corporations, the IMF and the Financial Stability Board become the effective global regulators over the corporate world, superseding all U.S. governmental authorities, including the Federal Reserve, the U.S. Treasury, the Federal Deposit Insurance Corporation and a host of corporate regulators, including the U.S. Department of Commerce and the U.S. Department of Labor.

Red Alert's author (Dr. Corsi) , whose books "The Obama Nation" and "Unfit for Command" have topped the New York Times best-sellers list, said no appeal procedure to any U.S. court or regulator is specified by the G20 communiqué as recourse for a U.S. company that wants to contest a decision by the Financial Stability Board as incorrect, unfounded or otherwise overreaching.

Corsi received his Ph.D. from Harvard University in political science in 1972. For nearly 25 years, beginning in 1981, he worked with banks throughout the U.S. and around the world to develop financial services marketing companies to assist banks in establishing broker/dealers and insurance subsidiaries to provide financial planning products and services to their retail customers. In this career, Corsi developed three different third-party financial services marketing firms that reached gross sales levels of $1 billion in annuities and equal volume in mutual funds. In 1999, he began developing Internet-based financial marketing firms, also adapted to work in conjunction with banks.

In his 25-year financial services career, Corsi has been a noted financial services speaker and writer, publishing three books and numerous articles in professional financial services journals and magazines.

A Tortured Case

Critics of the Bush administration have long charged that it condoned “torture” through its interrogation and detention policies in the War on Terror. Those arguments have yet to sway the Obama White House, which has been reluctant to pursue charges against its predecessor. In Spanish judge Baltasar Garzon, however, the Bush administration’s foes have found a man who is willing to turn their allegations into a criminal case. ....

Wednesday, April 8, 2009

"I am under a lot of pressure to not diagnose PTSD"

A secret recording reveals the Army may be pushing its medical staff not to diagnose post-traumatic stress disorder. The Army and Senate have ignored the implications.

Editor's note: Last June, during a medical appointment, a patient named "Sgt. X" recorded an Army psychologist at Fort Carson, Colo., saying that he was under pressure not to diagnose combat veterans with post-traumatic stress disorder. Listen to a segment of the tape here.

By Michael de Yoanna and Mark Benjamin

Read more: Military, Veterans, Murder, Medicine, Suicide, News, post-traumatic stress disorder, Mental Illness, Army, Iraq War, Mark Benjamin, Michael de Yoanna, Coming home

April 8, 2009 | FORT CARSON, Colo. -- "Sgt. X" is built like the Bradley Fighting Vehicle he rode in while in Iraq. He's as bulky, brawny and seemingly impervious as a tank.

In an interview in the high-rise offices of his Denver attorneys, however, symptoms of the damaged brain inside that tough exterior begin to appear. Sgt. X's eyes go suddenly blank, shifting to refocus oddly on a wall. He pauses mid-sentence, struggling for simple words. His hands occasionally tremble and spasm.

For more than a year he's been seeking treatment at Fort Carson for a brain injury and post-traumatic stress disorder, the signature injuries of the Iraq war. Sgt. X is also suffering through the Army's confusing disability payment system, handled by something called a medical evaluation board. The process of negotiating the system has been made harder by his war-damaged memory. Sgt. X's wife has to go with him to doctor's appointments so he'll remember what the doctor tells him.

But what Sgt. X wants to tell a reporter about is one doctor's appointment at Fort Carson that his wife did not witness. When she couldn't accompany him to an appointment with psychologist Douglas McNinch last June, Sgt. X tucked a recording device into his pocket and set it on voice-activation so it would capture what the doctor said. Sgt. X had no idea that the little machine in his pocket was about to capture recorded evidence of something wounded soldiers and their advocates have long suspected -- that the military does not want Iraq veterans to be diagnosed with PTSD, a condition that obligates the military to provide expensive, intensive long-term care, including the possibility of lifetime disability payments. And, as Salon will explore in a second article Thursday, after the Army became aware of the tape, the Senate Armed Services Committee declined to investigate its implications, despite prodding from a senator who is not on the committee. The Army then conducted its own internal investigation -- and cleared itself of any wrongdoing.

When Sgt. X went to see McNinch with a tape recorder, he was concerned that something was amiss with his diagnosis. He wanted to find out why the psychologist had told the medical evaluation board that handles disability payments that Sgt. X did not, in fact, have PTSD, but instead an "anxiety disorder," which could substantially lower the amount of benefits he would receive if the Army discharged him for a disability. The recorder in Sgt. X's pocket captured McNinch in a moment of candor. (Listen to a segment of the recording here.)

"OK," McNinch told Sgt. X. "I will tell you something confidentially that I would have to deny if it were ever public. Not only myself, but all the clinicians up here are being pressured to not diagnose PTSD and diagnose anxiety disorder NOS [instead]." McNinch told him that Army medical boards were "kick[ing] back" his diagnoses of PTSD, saying soldiers had not seen enough trauma to have "serious PTSD issues."

"Unfortunately," McNinch told Sgt. X, "yours has not been the only case ... I and other [doctors] are under a lot of pressure to not diagnose PTSD. It's not fair. I think it's a horrible way to treat soldiers, but unfortunately, you know, now the V.A. is jumping on board, saying, 'Well, these people don't have PTSD,' and stuff like that."

Contacted recently by Salon, McNinch seemed surprised that reporters had obtained the tape, but answered questions about the statements captured by the recording. McNinch told Salon that the pressure to misdiagnose came from the former head of Fort Carson's Department of Behavioral Health. That colonel, an Army psychiatrist, is now at Fort Lewis in Washington state. "This was pressure that the commander of my Department of Behavioral Health put on me at that time," he said. Since McNinch is a civilian employed by the Army, the colonel could not order him to give a specific, lesser diagnosis to soldiers. Instead, McNinch said, the colonel would "refuse to concur with me, or argue with me, or berate me" when McNinch diagnosed soldiers with PTSD. "It is just very difficult being a civilian in a military setting."

McNinch added that he also received pressure not to properly diagnose traumatic brain injury, Sgt. X's other medical problem. "When I got there I was told I was overdiagnosing brain injuries and now everybody is finding out that, yes, there are brain injuries," he recalled. McNinch said he argued, "'What are we going to do about treatment?' And they said, 'Oh, we are just counting people. We don't plan on treating them.'" McNinch replied, "'You are bringing a generation of brain-damaged individuals back here. You have got to get a game plan together for this public health crisis.' "When McNinch learned he would be quoted in a Salon article, he cut off further questions. He also said he would deny the interview took place. Salon, however, had recorded the conversation.

On the tape and in his interview with Salon, McNinch seemed to admit what countless soldiers not just at Fort Carson but across the Army have long suspected: At least in some cases, the Army tries to avoid diagnoses of PTSD. But McNinch did not directly address why the Army discourages these diagnoses, in either the interview with Salon or the tape-recorded encounter with Sgt. X.

The answer probably has to do with money. David Rudd, the chairman of Texas Tech's department of psychology and a former Army psychologist, explained that every dollar the Army spends on a soldier's benefits is a dollar lost for bullets, bombs or the soldier's incoming replacement. "Each diagnosis is an acknowledgment that psychiatric casualties are a huge price tag of this war," said Rudd. "It is easiest to dismiss these casualties because you can't see the wounds. If they change the diagnosis they can dismiss you at a substantially decreased rate."

A recently retired Army psychiatrist who still works for the government, speaking on the condition of anonymity for fear of retribution, said commanders at another Army hospital instructed him to misdiagnose soldiers suffering from war-related PTSD, recommending instead that he diagnose them with other disorders that would reduce their benefits. The psychiatrist said he would be willing to say more publicly about the cases and provide specific names, but only if President Obama would protect him from retaliation.

Salon has dubbed the soldier in this article Sgt. X because he asked not to be identified for fear that it might affect the medical evaluation process meant to gauge his level of disability. He was highly reluctant to speak, but agreed to do so after learning Salon obtained the recording and other information about it from a medical worker at Fort Carson and a congressional aide.

The sergeant spoke with Salon in the presence of his Hogan & Hartson attorneys who are helping him to secure a proper disability discharge from the Army for PTSD and a brain injury, diagnoses now affirmed by independent doctors. Sgt. X never planned to go to the media -- he says, if asked, he will not talk further about the recording with news organizations.

Sgt. X probably received his traumatic brain injury when his Bradley Fighting Vehicle buckled in an explosion during his second deployment to Iraq in 2005-06. It was the worst of a handful of nearby blasts he'd survived, and it knocked him unconscious for 30 seconds.

When Sgt. X regained consciousness, he saw that the toes of another soldier had been sheared off. The tank hull had buckled and the inside had filled with smoke. Some of his fellow soldiers were soaked in blood..

Even after that, as a point of pride, the crew insisted on accompanying their disabled tank back to their headquarters. Besides causing his brain injury, the blast had exacerbated an injury to Sgt. X's hip, but he faced the problem with little complaint. He numbed the pain with Motrin. "You don't report problems," he said. "It's a stigma."

There is some evidence that Sgt. X's experience with McNinch represents part of a broader scandal, as suggested by the former Army psychiatrist who told Salon about identical problems at another post. Last year, VoteVets.org and Citizens for Responsibility and Ethics in Washington (CREW) released an e-mail from Norma Perez, a psychologist in Texas, to staff at a Department of Veterans Affairs facility there. In addition to the Army, that department also provides veterans with benefits. "Given that we are having more and more compensation seeking veterans, I'd like to suggest that you refrain from giving a diagnosis of PTSD straight out," Perez wrote in the e-mail dated March 20, 2008. She suggested the staff "consider a diagnosis of Adjustment Disorder." As opposed to those with PTSD, veterans with adjustment disorder, a temporary condition, typically do not receive disability payments from the government.

Then-Illinois Sen. Barack Obama fired a letter off to the V.A. about that previous controversy, calling the e-mail "outrageous," demanding an investigation. The Senate Veterans' Affairs Committee last June held a hearing on that e-mail. Perez claimed she sent that e-mail "to stress the importance of an accurate diagnosis." End of story.

VoteVets.org and CREW, the two groups who unearthed the V.A. e-mail, reacted viscerally to this new tape obtained by Salon. "This is further evidence our troops are not receiving the mental health treatment they need and deserve," said Melanie Sloan, CREW executive director. "The president and congressional leaders must hold those responsible accountable and make sure the message is sent far and wide that our returning troops are to be diagnosed as their symptoms, not the military's finances, dictate."

"We've heard all kinds of stories from vets who had trouble getting PTSD diagnoses," said VoteVets.org Chairman John Soltz. "It's crucial that we have department-wide investigations at the Departments of Defense and Veterans Affairs to determine if this came from someone high up, and how many troops and veterans were jilted out of a proper diagnosis from the government."

Many publications, including Salon, and even some government agencies have documented other instances of reluctance to recognize mental wounds caused by war at bases across the country.

  • A recent weeklong series in Salon showed how apparent resistance to identifying combat stress ends up grinding down the lowest-ranking troops, sometimes with deadly results. Those articles included, for example, the story of Pvt. Adam Lieberman, who suffered with severe symptoms of PTSD. For two years, the Army blamed his problems on a personality disorder, anxiety disorder or alcohol abuse but resisted diagnosing him with PTSD until after his suicide attempt last October.
  • The Government Accountability Office, Congress' investigative arm, last October questioned why 2,800 war veterans were labeled with personality disorder diagnoses, another cheap label the Army has been accused of plastering on soldiers instead of PTSD.
  • In November 2005 the Department of Veterans Affairs halted a review of 72,000 veterans who receive monthly disability payments for mental trauma from war. The department wanted to make sure the veterans were not faking their symptoms. Salon first exposed the review that August. Then Daniel L. Cooper, the V.A.'s undersecretary for benefits, told Salon at the time that, "We have a responsibility to preserve the integrity of the rating system and to ensure that hard-earned taxpayer dollars are going to those who deserve and have earned them." The department stopped the process a month after a Vietnam veteran in New Mexico, agitated over the review, shot himself to death in protest. .
  • In early 2005, Salon exposed a pattern of medical officials searching to pin soldiers' problems on childhood trauma instead of combat stress at Walter Reed Army Medical Center.

Salon will explore Thursday how the Army was made aware of Sgt. X's tape, how the Senate Armed Services Committee declined to conduct an investigation, and how the Army absolved itself of any blame for wrongdoing. A unit of the Army's Medical Command (which oversees Fort Carson's Department of Behavioral Health) conducted an "informal" investigation last summer that found potential "systemic" problems that could influence diagnoses, but determined that no one in the Army's Medical Command was to blame. In a report dated July 28, it specifically found that no Fort Carson or Medical Command staff "attempted to coerce or otherwise influence" diagnoses. This directly contradicts McNinch's statements on the tape and in his interview with Salon.

If you are aware of a soldier who has served or is serving in the Iraq or Afghanistan conflicts and is having trouble getting a PTSD diagnosis or proper benefits, please contact Mark Benjamin at mbenjamin (at) salon (dot) com.

VA patient tests HIV-positive after clinic mistake

CHATTANOOGA, Tenn. (AP) - The Veterans Affairs Department is investigating whether there's a link between a patient's positive HIV test and unsterilized equipment that may have exposed thousands of veterans to infectious diseases.

The positive test was the first reported since the department warned veterans treated at three clinics that they might be at risk.

The VA previously reported that hepatitis was found in 16 patients, but the agency cautioned there was no way to prove that the patients contracted the illnesses because of treatment at their facilities. ....

Analyst warns eligibility could become flashpoint

(Compiler's note: This is a must read article. This is NOT GOING AWAY!!)

By Bob Unruh

'It is morphing now to include members of the armed forces'

A security analyst who provides intelligence information to a wide range of law enforcement, private corporation and security interests has written in a publicly released "white paper" that the issue of Barack Obama's eligibility to be president could become a "flashpoint" in the United States.

The suggestion comes from Lyle Rapacki, a former police officer who has worked in the field of psychological disorders for years. Since the 1990s, he has provided his analysis in public "white paper" reports and classified documents to various safety and security interests.

Rapacki's report cited the continuing controversy over Obama's birth certificate and a long list of lawsuits that have alleged he is not eligible to be president under the Constitution's requirement that the office be occupied only by a "natural born" citizen.

If the president would be found to be ineligible, Rapacki suggested, there would be a "constitutional crisis" over which of his orders, laws and actions "should be valid."

"If, however, this case continues and Mr. Obama fights revealing his documentation, there are growing concerns of civil unrest, or worse, being unleashed in the streets of our nation," the report said. "The economic crisis could with this type of constitutional crisis could prove to be a 'flashpoint' that would test conventional law enforcement and elements of homeland security."

Rapacki, now vice president of protective services for Southwest Risk Advisors Inc., also has provided reports to InfraGard, an FBI program that collects information about security, terror, intelligence and other issues.

.... Rapacki said one of his areas of work was to look at various issues that could provide the potential for civil disobedience or civil unrest, and he spotted references to concerns over Obama's eligibility and started looking into it.

His concern rose when he reviewed the implications of an ineligible president, he said.

"This could create a constitutional crisis. What does it do to the decisions that already have been made, already done for the economic issues that can't be taken back?" he wondered.

The investigator, who does not take a political stance on the issues, suggested the public dissemination of his concerns would "stimulate thought and discussion."

WND has reported on dozens of legal challenges to Obama's status as a "natural born citizen." The Constitution, Article 2, Section 1, states, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President."

Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama's American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.

Other challenges have focused on Obama's citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.

Further, others question his citizenship by virtue of his attendance in Indonesian schools during his childhood and question on what passport did he travel to Pakistan three decades ago.

Adding fuel to the fire is Obama's persistent refusal to release documents that could provide answers. While his supporters cite an online version of a "Certification of Live Birth" from Hawaii, critics point out such documents actually were issued for children not born in the state.

Some of the worries expressed by the new intelligence analysis were raised earlier by Ambassador Alan Keyes, a plaintiff in a lawsuit challenging Obama's eligibility. That case, now heading for appeal, claims: "If Mr. Obama is not constitutionally eligible to serve as president of the United States, then no act that he takes is, arguably, valid, the laws that he signs would not be valid, the protective orders that he signs would be null and void, and every act that he takes would be subject to legal challenge, both in courts of the United States of America, and in international courts, and that, therefore, it is important for the voters to know whether he, or any candidate for president in the future, is eligible to serve in that office."

The analysis said the issues began as "campaign rhetoric" but now "is moving toward a crescendo."

Rapacki said when California attorney Orly Taitz, who is working through her Defend Our Freedoms Foundation on several legal challenges to Obama, approached Supreme Court Chief Justice John Roberts with a challenge to review the facts, the dynamics of the situation changed.

"Chief Justice Roberts personally agreed to review the legal brief and the complaint saying such in front of the audience," he reported.

"Motions to be heard on this critical constitutional matter have been dismissed already, or not even accepted by courts in many states – New Jersey, Pennsylvania, Ohio, Georgia, Washington, Texas, North Carolina to name a few. But the issue will not go away; it is morphing now to include active members of the armed forces serving in 'Hot Zones' or theaters of combat."

The analysis also noted Taitz had submitted to the U.S. attorney general, the FBI and others requests for investigations.

The intelligence report cited a request already submitted to Washington for a special prosecutor similar to the one appointed during Watergate.

John Eidsmoe, an expert on the U.S. Constitution now working with the Foundation on Moral Law, separately has told WND the request for information is a legitimate course of action.

"She basically is asking, 'By what authority' is Obama president," he told WND. "In other words, 'I want you to tell me by what authority. I don't really think you should hold the office.'

Eidsmoe said it's clear that Obama has something in the documentation of his history, including his birth certificate, college records and other documents, "he does not want the public to know."

What else could be the reason for his hiring law firms across the nation to fight any request for information as basic as his Occidental College records from the early 1980s, he asked.

While an Obama spokesman one time called the allegations "garbage," the president and his team have withheld other comments. But here is a partial listing and status update for some of the cases over Obama's eligibility:

  • New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress didn't properly ascertain that Obama is qualified to hold the office of president.

  • Pennsylvania Democrat Philip Berg has three cases pending, including Berg vs. Obama in the 3rd U.S. Circuit Court of Appeals, a separate Berg vs. Obama which is under seal at the U.S. District Court level and Hollister vs. Soetoro a/k/a Obama, (now dismissed) brought on behalf of a retired military member who could be facing recall to active duty by Obama.

  • Leo Donofrio of New Jersey filed a lawsuit claiming Obama's dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.

  • Cort Wrotnowski filed suit against Connecticut's secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.

  • Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public's support.

  • Chicago lawyer Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama's vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.

  • Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama's eligibility could be confirmed, alleging doubt about Obama's citizenship. His case was denied.

  • In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.

  • Also in Ohio, there was the Greenberg v. Brunner case which ended when the judge threatened to assess all case costs against the plaintiff.

  • In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama's citizenship. The case was denied.

  • In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama's birth certificate. His request for an injunction against Georgia's secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.

  • California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters.

In addition, other cases cited on the RightSideofLife blog as raising questions about Obama's eligibility include:

  • In Texas, Darrel Hunter vs. Obama later was dismissed.

  • In Ohio, Gordon Stamper vs. U.S. later was dismissed.

  • In Texas, Brockhausen vs. Andrade.

  • In Washington, L. Charles Cohen vs. Obama.

  • In Hawaii, Keyes vs. Lingle, dismissed.

Obama looks at climate engineering

(Compiler's note: Please.... the earth has been cooling now for a few years. Please wake up and get off our backs with regulations, crazy solutions to problems that don't exist and for which you really have not fix, and etc., etc. You're going to have to find another way to gain control and redistribute our people's money. There I said it. I for one am growing very tired of this ....)


WASHINGTON (AP) - The president's new science adviser said Wednesday that global warming is so dire, the Obama administration is discussing radical technologies to cool Earth's air.

John Holdren told The Associated Press in his first interview since being confirmed last month that the idea of geoengineering the climate is being discussed. One such extreme option includes shooting pollution particles into the upper atmosphere to reflect the sun's rays. Holdren said such an experimental measure would only be used as a last resort.....

Hijacked US crew 'retake vessel'

from BBC News

The US crew of a ship hijacked by pirates off the coast of Somalia has retaken control of the vessel, according to Pentagon sources.

Unnamed US defence officials said one pirate had been captured by the crew of the Maersk Alabama, seized earlier in the Indian Ocean.

But the vessel's Danish owners, Maersk, said they could not confirm that the crew had fought off the pirates.

It was the sixth ship seized off Somalia in recent days.

The Associated Press quoted a defence official as saying: "The crew is back in control of the ship.

"It's reported that one pirate is on board under crew control - the other three were trying to flee."

Reports suggest the other three pirates jumped overboard.

Maersk's chief executive, John Reinhart, said he could not confirm that the ship had been retaken, but told AFP news agency he believed the crew was safe.

The ship was attacked by several small boats in the early hours of Wednesday in an incident apparently lasting for about five hours.

Maritime officials said the vessel took all possible evasive action before it reported that the pirates had boarded.

More than 130 pirates attacks, including close to 50 successful hijackings, were reported in 2008, threatening one of the world's busiest shipping lanes.

Tuesday, April 7, 2009

The world's youngest terror suspect... ready to blow himself up at the age of 11

(Compiler's note: What is wrong with this picture? A must read)

.... Originally from Peshawar in Pakistan, Abudullah was training to be a suicide bomber and had learned the principles of jihad - holy war - at the religious school in Pakistan where he was taught.

.... When Mr Neely asked the 11-year-old how felt about becoming a suicide bomber he said he knew he 'would end up in pieces.'

He also said he knew the difference between suicide and sacrifice and that he wanted to kill non-Muslims when he grew up 'so they can't come to our homes and kill us.'

It is not yet clear what authorities will do with the boy but it is likely he will be returned back to his religious school.

Electricity Grid in U.S. Penetrated by Spies

WASHINGTON -- Cyberspies have penetrated the U.S. electrical grid and left behind software programs that could be used to disrupt the system, according to current and former national-security officials.

The spies came from China, Russia and other countries, these officials said, and were believed to be on a mission to navigate the U.S. electrical system and its controls. The intruders haven't sought to damage the power grid or other key infrastructure, but officials warned they could try during a crisis or war.

"The Chinese have attempted to map our infrastructure, such as the electrical grid," said a senior intelligence official. "So have the Russians."

The espionage appeared pervasive across the U.S. and doesn't target a particular company or region, said a former Department of Homeland Security official. "There are intrusions, and they are growing," the former official said, referring to electrical systems. "There were a lot last year."

Many of the intrusions were detected not by the companies in charge of the infrastructure but by U.S. intelligence agencies, officials said. Intelligence officials worry about cyber attackers taking control of electrical facilities, a nuclear power plant or financial networks via the Internet.

Authorities investigating the intrusions have found software tools left behind that could be used to destroy infrastructure components, the senior intelligence official said. He added, "If we go to war with them, they will try to turn them on."

Officials said water, sewage and other infrastructure systems also were at risk.

"Over the past several years, we have seen cyberattacks against critical infrastructures abroad, and many of our own infrastructures are as vulnerable as their foreign counterparts, " Director of National Intelligence Dennis Blair recently told lawmakers. "A number of nations, including Russia and China, can disrupt elements of the U.S. information infrastructure."

Officials cautioned that the motivation of the cyberspies wasn't well understood, and they don't see an immediate danger. China, for example, has little incentive to disrupt the U.S. economy because it relies on American consumers and holds U.S. government debt.

But protecting the electrical grid and other infrastructure is a key part of the Obama administration's cybersecurity review, which is to be completed next week. Under the Bush administration, Congress approved $17 billion in secret funds to protect government networks, according to people familiar with the budget. The Obama administration is weighing whether to expand the program to address vulnerabilities in private computer networks, which would cost billions of dollars more. A senior Pentagon official said Tuesday the Pentagon has spent $100 million in the past six months repairing cyber damage.

Overseas examples show the potential havoc. In 2000, a disgruntled employee rigged a computerized control system at a water-treatment plant in Australia, releasing more than 200,000 gallons of sewage into parks, rivers and the grounds of a Hyatt hotel.

Last year, a senior Central Intelligence Agency official, Tom Donohue, told a meeting of utility company representatives in New Orleans that a cyberattack had taken out power equipment in multiple regions outside the U.S. The outage was followed with extortion demands, he said.

The U.S. electrical grid comprises three separate electric networks, covering the East, the West and Texas. Each includes many thousands of miles of transmission lines, power plants and substations. The flow of power is controlled by local utilities or regional transmission organizations. The growing reliance of utilities on Internet-based communication has increased the vulnerability of control systems to spies and hackers, according to government reports.

The sophistication of the U.S. intrusions -- which extend beyond electric to other key infrastructure systems -- suggests that China and Russia are mainly responsible, according to intelligence officials and cybersecurity specialists. While terrorist groups could develop the ability to penetrate U.S. infrastructure, they don't appear to have yet mounted attacks, these officials say.

It is nearly impossible to know whether or not an attack is government-sponsored because of the difficulty in tracking true identities in cyberspace. U.S. officials said investigators have followed electronic trails of stolen data to China and Russia.

Russian and Chinese officials have denied any wrongdoing. "These are pure speculations," said Yevgeniy Khorishko, a spokesman at the Russian Embassy. "Russia has nothing to do with the cyberattacks on the U.S. infrastructure, or on any infrastructure in any other country in the world."

A spokesman for the Chinese Embassy in Washington, Wang Baodong, said the Chinese government "resolutely oppose[s] any crime, including hacking, that destroys the Internet or computer network" and has laws barring the practice. China was ready to cooperate with other countries to counter such attacks, he said, and added that "some people overseas with Cold War mentality are indulged in fabricating the sheer lies of the so-called cyberspies in China."

Utilities are reluctant to speak about the dangers. "Much of what we've done, we can't talk about," said Ray Dotter, a spokesman at PJM Interconnection LLC, which coordinates the movement of wholesale electricity in 13 states and the District of Columbia. He said the organization has beefed up its security, in conformance with federal standards.

In January 2008, the Federal Energy Regulatory Commission approved new protection measures that required improvements in the security of computer servers and better plans for handling attacks.

Last week, Senate Democrats introduced a proposal that would require all critical infrastructure companies to meet new cybersecurity standards and grant the president emergency powers over control of the grid systems and other infrastructure.

Specialists at the U.S. Cyber Consequences Unit, a nonprofit research institute, said attack programs search for openings in a network, much as a thief tests locks on doors. Once inside, these programs and their human controllers can acquire the same access and powers as a systems administrator.

The White House review of cybersecurity programs is studying ways to shield the electrical grid from such attacks, said James Lewis, who directed a study for the Center for Strategic and International Studies and has met with White House reviewers.

The reliability of the grid is ultimately the responsibility of the North American Electric Reliability Corp., an independent standards-setting organization overseen by the Federal Energy Regulatory Commission.

The NERC set standards last year requiring companies to designate "critical cyber assets." Companies, for example, must check the backgrounds of employees and install firewalls to separate administrative networks from those that control electricity flow. The group will begin auditing compliance in July.

—Rebecca Smith contributed to this article.

NERC Letter

The North American Electric Reliability Corporation on Tuesday warned its members that not all of them appear to be adhering to cybersecuirty requirements. Read the letter.


Gingrich: Obama's 'Fantasy Foreign Policy' Endangering America

By: Rick Pedraza

Former House Speaker Newt Gingrich says U.S. President Barack Obama is making some dangerous choices in rejecting the anti-terrorism policies of the Bush administration and backing down from confronting North Korea over its threatening missile program.

In a Politico forum with readers, and in several recent interviews, Gingrich has discerned a weakness in the new administration’s foreign policy that he fears is going to embolden America’s enemies.

Moreover, the effort to treat terrorism as a criminal justice problem – rather than an act of war – will only bog the country down in pursuit of enemy combatants, Gingrich fears.

“Dick Cheney is clearly right in saying that, between the court decisions about terrorists and the administration actions, the United States is running greater risks of getting attacked than we were under President Bush,” Gingrich said.

Pointing to what he described as a “vivid demonstration of weakness in foreign policy” the former House speaker said Obama’s actions, including his proposal for a resumption of nuclear arms limitation talks, reflect “a dangerous fantasy that runs an enormous risk.

The embarrassing repudiation of the United States appeal to the United Nations Security Council Sunday afternoon is a vivid demonstration of weakness,” Gingrich said in the Politico forum. “This is beginning to resemble the Carter administration’s weakness in foreign policy.”

Sure enough, on Tuesday a North Korean envoy threatened retaliation if the United Nations imposed further sanctions for the missile launch.

North Korea warned the U.N. Security Council that it would take "strong steps" if the 15-nation body took any action in response to Pyongyang's launch of a long-range rocket, Reuters reported.

"If the Security Council, they take any kind of steps whatever, we'll consider this is (an) encroachment on our sovereignty and the next option will be ours," Deputy Ambassador Pak Tok Hun told reporters. "Necessary and strong steps will ... follow that."

In several interviews, Gingrich has suggested that the United States should have shot down the North Korean missile, while making it very clear that any missile launched with a trajectory in the direction of the United States will be met with an overwhelming counter-attack.

North Korea “is a totally irresponsible dictatorship run by a person who is clearly out of touch with reality,” says Gingrich, who suggests the threat of “unconventional forces to stand-off capabilities; to say we’re not going to tolerate a North Korean missile launch, period.”

“I think to say, ‘We are now going to have another meeting of the U.N. to have another paper resolution that has meaningless effect,’ is very dangerous,” Gingrich says. “I have yet to see the United Nations do anything effective with either Iran or North Korea.”

Gingrich also raised a moral question. North Korea is responsible for the deaths of at least several million people because of its totalitarian rule, he said. How much longer should a world power like the United States tolerate such a regime.

Under Kim Jong-Il this dictatorship has been so bad it has starved the people and the average North Korean today is several inches shorter than a generation ago,” Gingrich pointed out. “If we do nothing they are going to continue building nuclear weapons and missiles. If they are this aggressive when they are weak what do you think they will be like when they are strong?”

The Obama administration is rapidly undermining the U.S. missile defense system while imagining a fantasy world of trust and cooperation, Gingrich says.

“Ronald Reagan believed we had to have a missile defense system to stop any country from breaking free and blackmailing other countries,” Gingrich says, adding the reminder that there were only five nuclear powers at the time: the Soviet Union, China, France, Britain, and the United States.

“Reagan would have been much more skeptical about a plan in an age of North Korean, Iranian and Pakistani nuclear developments. How do you apply his slogan of ‘trust but verify’ in dictatorships you can't trust and can't verify?”

It was left up to Reagan to rebuild the United States after Carter allowed U.S. security policy to wither in the late 1970s.

“There's a fascinating analysis of Jimmy Carter's Notre Dame speech when he spoke at the commencement in 1977. And that was the moment in which Carter's fantasy view of the world became clear, and the beginning, I think, of the end of his — of his administration,” Gingrich said, likening Carter to Obama. “The president's in a world where Hamas is firing missiles every day into Israel, Iran is building nuclear weapons, and the North Koreans today during — basically during his speech fired a missile, and he has some wonderful fantasy idea that we're going to have a great meeting next year.

I just think that it's very dangerous to have a fantasy foreign policy, and it can get you in enormous trouble, just like giving — you know, we don't have a war on terror anymore,” Gingrich said. “We don't have terrorist attacks anymore. So now homeland security has manmade disasters.

I'm somehow not comforted with the thought that 9/11 was a manmade disaster but not a terrorist attack, and I'm not comforted with words instead of serious systematic policies.

Glimmers of Hope in Great Britain

by David J. Rusin

Pentagon spends $100 million to fix cyber attacks

By LOLITA C. BALDOR

WASHINGTON (AP) - The Pentagon spent more than $100 million in the last six months responding to and repairing damage from cyber attacks and other computer network problems, military leaders said Tuesday.

Air Force Gen. Kevin Chilton, who heads U.S. Strategic Command, said the military is only beginning to track the costs, which are triggered by constant daily attacks against military networks ranging from the Pentagon to bases around the country.

"The important thing is that we recognize that we are under assault from the least sophisticated—what I would say the bored teenager—all the way up to the sophisticated nation-state, with some pretty criminal elements sandwiched in-between," said Chilton, adding that the motivations include everything from vandalism to espionage. "This is indeed our big challenge, as we think about how to defend it."

According to Army Brig. Gen. John Davis, deputy commander for network operations, the money was spent on manpower, computer technology and contractors hired to clean up after both external probes and internal mistakes. Strategic Command is responsible for protecting and monitoring the military's information grid, as well as coordinating any offensive cyber warfare on behalf of the U.S.

Officials would not say how much of the $100 million cost was due to outside attacks against the system, versus viruses and other problems triggered accidentally by Defense Department employees. And they declined to reveal any details about suspected cyber attacks against the Pentagon by other countries, such as China.

Speaking to reporters from a cyberspace conference in Omaha, Neb., the military leaders said the U.S. needs to invest more money in the military's computer capabilities, rather than pouring millions into repairs.

"You can either pay me now or you can pay me later," said Davis. "It would be nice to spend that money proactively ... rather than fixing things after the fact."

Officials said that while there has been a lot of anecdotal evidence on the spending estimate, they only began tracking it last year and are still not sure they are identifying all the costs related to taking computer networks down after a problem is noticed.

The Pentagon has acknowledged that its vast computer network is scanned or probed by outsiders millions of times each day. Last year a cyber attack forced the Defense Department to take up to 1,500 computers off line. And last fall the Defense Department banned the use of external computer flash drives because of a virus threat officials detected on the Pentagon networks.

The cost updates come as the Obama administration is completing a broad government-wide review of the nation's cybersecurity.

Communities print their own currency to keep cash flowing

A small but growing number of cash-strapped communities are printing their own money.

Borrowing from a Depression-era idea, they are aiming to help consumers make ends meet and support struggling local businesses.

The systems generally work like this: Businesses and individuals form a network to print currency. Shoppers buy it at a discount — say, 95 cents for $1 value — and spend the full value at stores that accept the currency.

Workers with dwindling wages are paying for groceries, yoga classes and fuel with Detroit Cheers, Ithaca Hours in New York, Plenty in North Carolina or BerkShares in Massachusetts.

Ed Collom, a University of Southern Maine sociologist who has studied local currencies, says they encourage people to buy locally. Merchants, hurting because customers have cut back on spending, benefit as consumers spend the local cash.

"We wanted to make new options available," says Jackie Smith of South Bend, Ind., who is working to launch a local currency. "It reinforces the message that having more control of the economy in local hands can help you cushion yourself from the blows of the marketplace."

About a dozen communities have local currencies, says Susan Witt, founder of BerkShares in the Berkshires region of western Massachusetts. She expects more to do it.

Under the BerkShares system, a buyer goes to one of 12 banks and pays $95 for $100 worth of BerkShares, which can be spent in 370 local businesses. Since its start in 2006, the system, the largest of its kind in the country, has circulated $2.3 million worth of BerkShares. In Detroit, three business owners are printing $4,500 worth of Detroit Cheers, which they are handing out to customers to spend in one of 12 shops.

During the Depression, local governments, businesses and individuals issued currency, known as scrip, to keep commerce flowing when bank closings led to a cash shortage.

By law, local money may not resemble federal bills or be promoted as legal tender of the United States, says Claudia Dickens of the Bureau of Engraving and Printing.

"We print the real thing," she says.

The IRS gets its share. When someone pays for goods or services with local money, the income to the business is taxable, says Tom Ochsenschlager of the American Institute of Certified Public Accountants. "It's not a way to avoid income taxes, or we'd all be paying in Detroit dollars," he says.

Pittsboro, N.C., is reviving the Plenty, a defunct local currency created in 2002. It is being printed in denominations of $1, $5, $20 and $50. A local bank will exchange $9 for $10 worth of Plenty.

"We're a wiped-out small town in America," says Lyle Estill, president of Piedmont Biofuels, which accepts the Plenty. "This will strengthen the local economy. ... The nice thing about the Plenty is that it can't leave here."

Iranian nuke plot vaporized in the city: NY banks unwittingly aided in material transfers, says DA

BREAKING: Chinese financier Le Fang Wei indicted in plot to send nuclear materials to Iran.

The Manhattan district attorney's office has smashed a sinister plot to smuggle nuclear weapons materials to Iran through unwitting New York banks, the Daily News has learned.

Officials plan to unseal a 118-count indictment Tuesday accusing a Chinese national of setting up a handful of fake companies to hide that he was selling millions of dollars in potential nuclear materials to Tehran.

"This case will cut off a major source of supply to Iran and it shows how they are going ahead full steam to get a nuclear bomb. Long-range missiles they pretty much have already," a law enforcement source close to the case said.

"We think it is one of the largest suppliers of weapons of mass destruction to Iran."

Experts say Iran, under the leadership of President Mahmoud Ahmadinejad, appears close to amassing enough nuclear material to make an atom bomb. A United Nations embargo bans Iran from acquiring the high-tech metals needed to make a long-range nuclear weapon a reality.

The indictment will outline the financial conspiracy behind 58 different transactions, including shipments of various banned materials from China to Iran between 2006 and late 2008.

Among them:

  • 33,000 pounds of a specialized aluminum alloy used almost exclusively in long-range missile production.
  • 66,000 pounds of tungsten copper plate, which is used in missile guidance systems.
  • 53,900 pounds of maraging steel rods, a superhard metal used in uranium enrichment and to make the casings for nuclear bombs.
The recipient is believed to have been a subsidiary of the Iranian Defense Ministry.

The suspect, who is not believed to be in the U.S., set up four bogus import-export companies that did business with six Iranian shell firms, one source said.

"They took elaborate steps to conceal the identity of the shipper and the recipient," the source said.

The deals went through "several" New York banks, which cooperated when the alleged plot was uncovered.

"The New York banks were completely unaware," the source said.

Authorities first stumbled over the scheme seven months ago in an unrelated probe into Iranian money-laundering through Lloyd's, a British bank.

In January, Lloyd's paid a $350 million fine to settle accusations it "stripped" information from Iranian money transfers to New York banks, hiding where the cash came from.

Officials said they suspected that money was also used to finance Iran's nuke program.

"The important thing is to put sunlight on these deals," the law enforcement source said.

Monday, April 6, 2009

Exclusive: Do We Justify the Most Brutal Murders by Calling Them 'Honor Killings'?

Islamic groups in the U.S. are actively trying to discourage use of descriptive terms like "Jihadi" to describe an Islamic terrorist and warn Americans against "Islamophobia" should they use the "wrong" words to talk about Islam or Muslim terrorists. Yet Americans have already succumbed to using an Islamist phrase, "honor killing" to describe the brutal, pre-meditated murders of Muslim women (often wives or daughters) by Muslim relatives (often fathers or brothers). Sharia

....
Women are still forced to enter arranged marriages in many Islamic countries and child brides are commonplace. Feminists are oddly silent about systematic violations of the most basic human rights of women throughout the Islamic world. No murder of a spouse or daughter would ever be associated with the word "honor" in any Western democratic society. In borrowing this phrase, we are falling into the trap of letting Islamic extremists justify and rationalize the most brutal of murders.

U.S. Muslims debate how much to help FBI

A petition organized by a Newark nonprofit urging Muslims to limit social outreach with the FBI has provoked a national debate within the Muslim community about how to deal with law enforcement. ....

US Recovery Is Far Off, Banks Are 'Basically Insolvent': Soros

By: Reuters

The U.S. economy is in for a "lasting slowdown" and could face a Japan-style period of relatively low growth coupled with high inflation, billionaire investor George Soros said on Monday.

Soros, speaking to Reuters Financial Television, also warned that rescuing U.S. banks could turn them into "zombies" that draw the lifeblood of the economy, prolonging the economic slowdown.

George Soros
AP

"I don't expect the U.S. economy to recover in the third or fourth quarter so I think we are in for a pretty lasting slowdown," Soros said, adding that in 2010 there might be "something" in terms of U.S. growth.

Soros' view contrasts with the majority of economists, who expect the U.S. economy to stop contracting in the third quarter and resume growing in the fourth quarter, according to the latest monthly poll of forecasts conducted by Reuters.

The recovery will look like "an inverted square root sign," Soros said. "You hit bottom and you automatically rebound some, but then you don't come out of it in a V-shape recovery or anything like that. You settle down—step down."

The healing of the banking system and housing markets is crucial to recovery. "The banking system, as a whole, is basically insolvent," Soros said.

What's more, the Treasury's Public-Private Investment Fund is going to work but it won't be enough to recapitalize the banks in a way that they are able to or willing to provide credit.

"What we have created now is a situation where the banks who will be able to earn their way out of a hole, but by doing that, they are going to weigh on the economy," he said. "Instead of stimulating the economy, they will draw the lifeblood, so to speak, of profits away from the real economy in order to keep themselves alive. This is the zombie bank situation."

The stress tests being conducted by Treasury could be a precursor to a more successful recapitalization of the banks, he added.

Dollar is Vulnerable

Soros, whose latest book, "The Crash of 2008 and What it Means," has made prescient calls during the current credit crisis.

Exactly one year ago, he told Reuters that global losses are likely to top $1 trillion from the credit crisis. To date, U.S. and European banks have recorded more than $700 billion in losses and write-downs, as of Feb. 5. 2009, according to Reuters data.

Soros also said the U.S. dollar is under selling pressure and may eventually be replaced as a world reserve currency, possibly by the IMF's Special Drawing Rights, a synthetic currency basket comprised of dollars, euros, yen and sterling.

"I think the dollar is now under question and I think the system will need to be reformed, so that the United States will be subject to the same discipline as is imposed on other countries," said Soros, whose famous bet against the British pound earned his Quantum Fund $1 billion in 1992. "Being the main issuer of international currency, we have been exempt and we have abused that because we have effectively consumed 6.5 percent more than we have produced. That is now coming to an end."

China recently proposed greater use of Special Drawing Rights, possibly as an eventual global reserve currency. "In the long run, having an international accounting unit rather than the dollar may, in fact, be to our advantage so we can't splurge—you know, it felt very good for 25 years but now we are paying a very heavy price," Soros said.

More CNBC.com Slideshows:

China will be the first country to emerge from recession, probably this year, and will spearhead global growth in 2010, Soros said. He said world policymakers are "actually beginning to catch up" with the crisis and efforts to fix structural problems in the financial system.

The system was "fundamentally flawed, and there is no returning to where we came from," he said.

Euro Zone Not in Danger

In Europe, he said the crisis provides an incentive for countries that use the euro to remain inside the monetary union, though countries on the periphery still face serious problems.

The euro has been "a tremendous advantage" to countries that use it, adding there's "no question of a weaker country dropping out," Soros said.

While additional resources for the International Monetary Fund will help it stabilize struggling Eastern Europe, he said the Baltic states still face "serious problems" and Ukraine is not far from default.

Widespread use of credit default swaps has worsened the risks for Europe, he said, though he added that Germany, the euro zone's biggest economy, is becoming more open to offering help. "Germany, which has been the most reserved about being the deep pocket of the rest of Europe, has recognized that it too has a responsibility toward the new member states."

Germany has been one of the most reluctant major economies to meet U.S. calls for more fiscal stimulus spending to boost the global economy and fight the financial crisis.

Group gains against Electoral College

by

DENVER | A movement to bypass the Electoral College and elect the president based on the popular vote is gaining steam, racking up almost one-fifth of the support needed to trigger the plan.

National Popular Vote, a California-based group formed in 2006, has won commitments from four states to award their electoral votes to the winner of the popular vote. Those four states — Maryland, New Jersey, Illinois and Hawaii — have 50 electoral votes among them.

The goal is for states with a total of 270 electoral votes to enter into a compact in which they agree to give their electoral votes to the winner of the popular vote.

Since presidential candidates need 270 electoral votes for victory, such a compact would ensure that the candidate earning the most votes nationwide would win the election, and the Electoral College would be made irrelevant. Campaigning would become radically different. The most obvious change is that there would be no advantage to getting 51 percent in a given state, thus no "battleground states."

The new system wouldn't kick in until the target is reached, said John Koza, chairman of National Popular Vote and the designer of the plan.

"We have 20 percent of the electoral votes we need," said Mr. Koza. "The whole idea of the bill is that no state can do this alone. It only goes into effect when we have 270 electoral votes."

At this rate, however, the system could be implemented in time for the 2016 presidential race. Nearly every state has introduced National Popular Vote legislation this year, and seven have passed bills in one chamber.

The next state to join the compact could be Colorado. In 2007 and 2008, the state Senate there passed the legislation, but not the House. In March, however, the House passed a popular-vote bill and sent it to the Senate, which has changed little since last year.

Proponents argue that the National Popular Vote has numerous advantages over the current system. All but two states now award their electoral votes based on a winner-take-all approach, which creates the chance that the winner of the Electoral College vote could be the loser of the popular vote.

It has happened three times in U.S. history, most recently in 2000, when Republican George W. Bush lost the popular vote but won the election by gaining more electoral votes than his opponent, Democrat Al Gore. In 2004, it almost happened again. If 60,000 votes in Ohio had shifted from Mr. Bush to Democrat John Kerry, Mr. Kerry would have won the electoral vote despite trailing by 3.5 million votes.

"The winner-take-all system isn't only undemocratic, it's also dysfunctional," said Colorado state Sen. Andy Kerr, a Democrat who sponsored the Colorado legislation.

Those recent squeaker elections may explain the push for a system tied more closely to the popular vote. Advocates of the National Popular Vote also insist that the legislation is bipartisan and wouldn't favor either political party in the presidential contest. The group's advisory board includes a handful of former Republican lawmakers such as Sen. Jake Garn of Utah and Rep. Tom Campbell of California.

However, the movement has garnered far more supporters among Democrats than Republicans. In Hawaii, for example, the legislation passed in 2008 only after both Democrat-controlled chambers overrode the veto of Gov. Linda Lingle, a Republican.

Republicans say Democrats are using the proposal to avenge their loss in the 2000 presidential race.

"For Democrats, it's a reaction to wanting to poke George W. Bush in the eye," said Colorado state Sen. Shawn Mitchell, a Republican who opposes the popular-vote legislation. "After the 2000 vote, Democrats seemed to react with 'popular vote good, Electoral College bad,' and Republicans, being more traditionalists, have responded with 'Electoral College good, popular vote bad.' "

Republicans also argue that the plan would favor large states and major metropolitan areas, where candidates are able to reach more voters with their advertising dollars. Since most big cities tilt leftward, the system would be more likely to pull candidates to the liberal end of the spectrum, they say.

Under the current system, say Democrats, candidates often end up concentrating their resources on the handful of close "battleground" states, which means that most voters receive little of the candidates' attention.

In the 2008 election, said Mr. Koza, two-thirds of the campaign dollars were spent in six states, and 90 percent was spent in 15 states.

"When you're in a non-battleground state, which is two-thirds of the states, you tend to get ignored," Mr. Koza said. "People are figuring out that in most states, they don't count. If anything, this presidential election reminded them that they don't count."

He predicted that a popular-vote system would force candidates to run national campaigns in which their focus is spread evenly through all 50 states. Opponents say that it's more likely the campaigns would end up concentrating on places where the voters are, such as Los Angeles and New York City, and Republicans would take their chances with swing states in that case.

"Those swing states can actually be quite diverse," Mr. Mitchell said. "It's a slam-dunk that the 10 battleground states are more representative of the broad national interest than the 10 biggest metropolitan areas."

Despite that argument, such current battleground states as Michigan and Colorado have had the measure go at least as far as approval by one chamber during a legislative session.

"That shows this isn't kryptonite in battleground states, either," Mr. Koza said. "This thing seems to have support all over the country."

National Popular Vote was started by Mr. Koza, a self-professed elections geek who published an Electoral College board game in 1966. He went on to serve as founder and chairman of Scientific Games, where he co-invented the rub-off lottery ticket.

He and Barry Fadeem, NPV's president and an attorney based in Lafayette, Calif., got their feet wet in legislative politics by lobbying on behalf of state-run lotteries. Mr. Koza now teaches courses in medicine and engineering at Stanford University as a consulting professor.

How banks were bullied into making bad loans

'Community activists' used pressure tactics to secure high-risk mortgages
WASHINGTON – Using tools provided by the federal community Reinvestment Act, community organizers led by a self-described "banking terrorist" applied bullying tactics to secure high-risk mortgages and to shake down lending institutions for billions of dollars – actions that likely contributed to the "mortgage meltdown" that triggered the worst economic crisis since the Great Depression. ....