Progress Report: Unpatriotic Propaganda

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Center for American Progress - Progress Report

 

 

by David Sirota, Christy Harvey, Judd Legum and

Jonathan Baskin

 

 

 

July 14, 2004

CIVIL LIBERTIES Unpatriotic Propaganda ENVIRONMENT Paving

Paradise To Put Up A Parking Lot

UNDER THE RADAR

 

CIVIL LIBERTIES

Unpatriotic Propaganda

 

Attorney General John Ashcroft has repeatedly rebuffed

requests by Congress and public interest groups for

basic information about how the Patriot Act is being

used. Now #8211; in a cynical public relations ploy

#8211; Ashcroft has released a thirty-page piece of

propaganda wrapped in the guise of public disclosure.

The document does not contain information needed for

members of Congress to make an informed decision about

whether to extend provisions which expire in 2005.

Instead, it avoids key issues, distorts basic law and

presents a self-serving selection of Patriot Act

" successes. " Sign the petition calling for the removal

of John Ashcroft.

 

DID ASHCROFT DELIBERATELY MISLEAD THE 9/11

COMMISSION?: In a loathsome attempt to discredit 9/11

commissioner Jamie Gorelick, Ashcroft publicly

testified that a 1995 memo written by Gorelick created

a " wall " between the intelligence community and law

enforcement. Ashcroft said, " The 1995 guidelines and

the procedures developed around them imposed draconian

barriers, barriers between the law enforcement and

intelligence communities. The wall effectively

excluded prosecutors from intelligence

investigations.The wall left intelligence agents

afraid to talk with criminal prosecutors or agents. "

Ashcroft called the memo " the single greatest

structural cause for the September 11 problem. " Now,

however, Ashcroft concedes that Gorelick's memo

permitted " interaction and information sharing between

prosecutors and intelligence officers " and allowed the

FBI to use the fruits of an intelligence investigation

" in a criminal prosecution. " He attributes the lack of

information sharing not to the Gorelick memo itself,

but to " confusion " and " perception. " Ashcroft still

fails to mention that Gorelick's memo encouraged

information sharing and was more lenient than the

procedures put in place in August 2001 by Ashcroft's

own Deputy Attorney General Larry Thompson #8211;

which specifically reaffirmed the Gorelick memo and

added additional requirements. Nevertheless,

Ashcroft's dramatic reversal calls into serious

question his sincerity during his April 13 appearance

before the 9/11 Commission.

 

DEPARTMENT OF JUSTICE TERRORISM-RELATED PROSECUTORIAL

ACTIVITIES: The central claim in the Justice

Department report is that #8211; presumably with the

assistance of the PATRIOT Act #8211; the Department

has charged " 310 defendants with criminal offenses as

a result of terrorism investigations " since 9/11 " and

179 of those defendants have already been convicted. "

The carefully chosen language deftly avoids the

central question, which is not how many people were

convicted of routine criminal offenses, but how many

were convicted of terrorist crimes. Without that

information there is no way for Congress to evaluate

whether the Patriot Act is an effective tool against

terrorism.

 

REPORT IGNORES CONTROVERSIAL PROVISIONS: The report

entirely avoids some of the most controversial

sections of the Patriot Act. Specifically, there is no

mention of Section 213 (which permits " sneak-and-peak "

searches and seizures), Section 215 (which allows the

government to seize any tangible thing from any person

pursuant to a terrorist investigation) and Section 505

(which allows the Justice Department to compel the

production of documents). With other controversial

provisions, such Section 214 (which eased restrictions

on wiretaps for non-terrorists), the report praises

the value of the provisions but provides no

information as to how or how often they have been

used. Likewise, there is no actual information about

how Section 206 (which permits vague authorizations

for wiretaps) is being used #8211; but the Justice

Department does helpfully provide a hypothetical

example of how it might be used.

 

REPORT MISSTATES BASIC LAW: The report credits Section

218 of the Patriot Act with allowing the Justice

Department to adopt " new procedures designed to

increase information sharing between intelligence and

law enforcement officers. " As result Ashcroft claimed

that " to allow section 218...to sunset at the end of

next year would be paramount to unilateral disarmament

against al Qaeda. " But " there was never any legal

restriction on FBI intelligence investigators'

authority to share evidence of criminal activity. "

This was the conclusion of the special federal appeals

court convened to consider these issues in a November

18, 2002 decision.

 

REPORT REVEALS PATRIOT ACT IS OVERBROAD: Yesterday,

Ashcroft said the report demonstrated the Patriot Act

" has been our laser-guided weapon to prevent terrorist

attacks. " But Ashcroft's statements are belied by his

own report. The report discusses how the Patriot Act

has been used in a variety of criminal cases that have

no relationship to terrorism. Not mentioned: the use

of the Patriot Act to investigate a strip club owner

suspected of bribing local politicians.

 

THE FALSE CHOICE: The report repeatedly implies our

choices are to either extend the Patriot Act exactly

as it exists now or revert back to the law as it

existed before 9/11. But this is a false choice. There

are legislative proposals that would preserve the

provisions of the Patriot Act that are effective

against terrorism while protecting civil liberties.

Our favorites: The Civil Liberties Restoration Act and

the SAFE Act.

 

ENVIRONMENT

Paving Paradise To Put Up A Parking Lot

 

The White House announced this week it wants to make

it easier for logging and drilling corporations to

bulldoze their way into America's roadless forests. As

The Washington Post reports, the Bush administration

is trying to " overturn a Clinton-era rule that made

nearly 60 million acres of national forest off-limits

to road-building and logging, setting aside one of the

most sweeping land preservation measures in decades. "

Currently, " twelve Western states are home to 97

percent of all roadless areas, " which make up about 2%

of the country. Gov. Bill Richardson slammed the Bush

administration's new plan, saying it's an " abdication

of federal responsibility. " This new White House

proposal, he says, is " bad policy, bad environmental

policy, bad Western policy. " And the Bush

administration just wants to " drill, drill, build

build. " American Progress's Alyssondra Campaigne

writes, " If Theodore Roosevelt had such a cramped

vision of the federal role in land conservation there

would be a parking lot at the bottom of the Grand

Canyon. "

 

WE ARE NOT SOOTHED, FRANK: The White House is sticking

to right-wing pollster Frank Luntz's playbook of

language tricks. Luntz wrote memos to conservatives

detailing what words to use to trick people into

thinking anti-environment proposals are actually

pro-environment. He told conservatives that, when

talking about the environment, " Use the words 'common

sense'. That's always very soothing to people. " He

also said, since Americans actually love the outdoors,

spin any negative change to be a positive. " Being

AGAINST existing laws or regulations has been

translated into being AGAINST the environment. " Also,

says Luntz, conservatives use the phrase

" conservationists " as the word " has a far more

positive connotation " than " environmentalist " but

doesn't have the connotations of " preservationist, "

which could mean a belief that nature should remain

untouched. The USDA press release uses this trick. The

rollback of protections which would allow road

building, in true Orwellian fashion, is called an act

" #8230;To Conserve Roadless Areas in National

Forests. " The release also says the proposal to allow

protected lands to be opened to road-building, logging

and drilling is based on " common sense, conservation

principles. "

 

GREEN STANDS FOR CASH: The timber industry is

reportedly ecstatic about the rollback. It's

understandable; Philip Clapp, president of the

National Environmental Trust, calls the new proposal

" the biggest single giveaway to the timber industry in

the history of the national forests. " The timber

industry has given over $35 million in political

donations since 2000, almost 80% of which went to

President Bush and his allies in Congress.

 

THE ROADS TO RUIN: This proposal affects land

primarily in the West, in states like California,

Washington and Utah. The Los Angeles Times editorial

board criticized the decision, saying, " There's a

difference between modifying an environmental

protection and ripping its insides out, but the Bush

administration hasn't picked up on the distinction. "

The Seattle Post Intelligencer agrees, saying,

" Secretary Ann Veneman tried to disguise her

profligate giveaway of environmental protection,

wildlife habitat and federal authority as promoting

greater cooperation#8230;In an absurd twist, the new

policy would leave it to governors, whose states have

frequently abused their own lands, to decide whether

to ask for federal land to be protected. " The Salt

Lake Tribune writes, " But the proposed policy favors

local loggers' interests over many Americans'

justifiable expectation that their last surviving

forests will be protected by federal oversight. The

national forests are, after all, owned by all

Americans, not merely those who stand to gain

economically or politically from logging. "

 

NOT THE FIRST TIME: President Bush is also responsible

for the benevolent-sounding Healthy Forests

Restoration Act. The bill was explained as necessary

to prevent forest fires. In reality, it was sought by

the timber industry " not because they wanted to remove

brush and chaparral " which can cause the fires but

because it would " increase commercial logging with

less environmental oversight. " Ross W. Corte of the

Congressional Research Service said, " Timber

harvesting removes the relatively large diameter wood

that can be converted into wood products but leaves

behind the small material, especially twigs and

needles " that contributes to fires. The bill would

also require judges to reconsider decisions that block

illegal logging every 60 days. (For more, read this

analysis by Lisa Heinzerling of the Center for

Progressive Regulation showing the Bush administration

is " the worst steward of the environment ever. " )

 

SIXTY DAYS TO SPEAK: Americans don't want to make it

easier to bulldoze this pristine land for roads.

During the two years before President Clinton made

these 60 million acres off-limits to road-building and

logging, federal agencies sought public input. There

were 600 public meetings and more than 1.5 million

comments " overwhelmingly favoring protection from

development. " The proposal is open to comment for the

next sixty days. Whether you're a hiker, an

environmentalist, or just don't think we should tear

up the nation's forests, now is the time to let the

government know how you feel. Written comments on the

proposed rule may be faxed to (801) 517-1014 or

e-mailed to statepetitionroadless.

 

 

 

 

 

MEDICARE #8211; ONE OUT OF EVERY THREE RETIREES TO GET

THE SHAFT: The New York Times reports, " New government

estimates suggest that employers will reduce or

eliminate prescription drug benefits for 3.8 million

retirees when Medicare offers such coverage in 2006. "

Think about it - that's one out of every three

retirees with employer benefits. In a sop to corporate

interests, the Bush administration agreed to give

employers $71 billion from 2006 to 2013 to " encourage "

them not to drop retirees. What they didn't do:

Require anything in return. As the Wall Street Journal

reported, " But companies are entitled to the subsidy

regardless of how much of the cost they pick up

themselves. As a result, it does nothing to halt the

current rush by some employers to shift more costs to

retirees. " According to a new poll, retirees are in

for a rude shock, too #8211; a majority still think

they're going to be covered. (The " Employers'

Coalition on Medicare " lobbied hard for that

money-for-nothing provision to be included in the

Medicare legislation. Read American Progress's study

charting how much each member of the " Coalition " gave

to Bush and conservatives in Congress and which of

those companies have already tried or are trying to

reduce retiree health benefits.)

 

IRAQ #8211; BLOOD MONEY: War can make you rich. The

Los Angeles Times reports, the " vanguard of those who

advocated war, " are making a pretty penny off of their

efforts. An influential cadre of " lobbyists, public

relations counselors and confidential advisors to

senior federal officials, " took up the drumbeat of

war. They " warned against Iraqi weapons of mass

destruction, praised exiled leader Ahmad Chalabi, and

argued that toppling Saddam Hussein was a matter of

national security and moral duty. " And now? " They are

collecting tens of thousands of dollars in fees for

helping business clients pursue federal contracts and

other financial opportunities in Iraq. " Former CIA

director James Woolsey is the poster child: Before the

war, he " was a founding member of the Committee for

the Liberation of Iraq, an organization set up in 2002

at the request of the White House to help build public

backing for war in Iraq. He also wrote about a need

for regime change and sat on the CIA advisory board

and the Defense Policy Board, whose unpaid members

have provided advice on Iraq and other matters to

Defense Secretary Donald H. Rumsfeld. " Once he got the

war he wanted, he started raking it in. " As a vice

president of Booz Allen Hamilton, a consulting firm,

he was a featured speaker in May 2003 at a conference

co-sponsored by the company at which about 80

corporate executives and others paid up to $1,100 to

hear about the economic outlook and business

opportunities in Iraq. "

 

TAXES #8211; CHILD CREDIT LEAVES POOR BEHIND: Robert

Kuttner writes in the Boston Globe that congressional

conservatives " are hoping to pass yet another

budget-busting tax cut this summer, " including an

expansion of the child tax credit to include

" well-to-do families with incomes of up to $309,000. "

In a version of law passed by Congress in 2003,

" families earning between $10,500 and $26,625 got

nothing, including 260,000 children of active-duty

servicemen and women. All told, about one child in

four was excluded. " The proposed expansion of the law

would do nothing to include those families excluded

from the bill at the lower end of the income scale.

Instead, whereas the " preexisting law wisely phased

out all child tax credit benefits at family incomes of

$149,000. " The new proposal " would more than double

that income ceiling at a cost to the deficit of $89

billion over 10 years. "

 

AIDS #8211; GLOBAL EXPERTS PAN BUSH'S PLAN: The

Washington Post reports, " The Bush administration's

prohibition against using money from its $15 billion

global AIDS plan to buy foreign-produced generic drugs

is complicating the delivery of medicine to some of

the millions of poor people who badly need it,

according to AIDS experts at an international

conference " in Bangkok. The president's Emergency Plan

for AIDS Relief restricts unapproved generic drugs,

even though the UN and other international aid groups

have judged such drugs the cheapest and most efficient

solution to the global epidemic. Experts said the Bush

policy " slows the coordination " between the Bush plan

and the people running treatment programs in the

countries, and the U.S. Government Accountability

Office " reached similar conclusions in a report issued

this week. " The New York Times reports Bush's

inflexibility on generic drugs is one reason at least

one supposed beneficiary of AIDS money has felt

America's approach to be " arrogant and neocolonial. "

 

INTELLIGENCE #8211; SUMMARILY STONEWALLING SUMMARY

SUMMONS: The White House doesn't want you to see what

the president knew. The New York Times reports, " The

White House and the Central Intelligence Agency have

refused to give the Senate Intelligence Committee a

one-page summary of prewar intelligence in Iraq

prepared for President Bush that contains few of the

qualifiers and none of the dissents spelled out in

longer intelligence reviews, according to

Congressional officials. " The White House claims the

one-page document is covered under executive

privilege. Not so, says Rep. Dick Durbin. " In his

written statement, Senator Durbin said the C.I.A. had

told the intelligence committee that 80 copies of the

one-page summary had been distributed to the White

House, a fact he called an indication that the

document had not been prepared exclusively for the

president. He said the summary 'contains no

intelligence beyond that contained' in the broader

intelligence estimate, which was provided to members

of Congress and to the committee, 'and does not set

forth policy advice that should be considered

privileged.' "

 

#160;Don't Miss

DAILY TALKING POINTS: Concern Over Economic Recovery

 

HOMELAND SECURITY: Underfunded border patrol forced to

" release most illegal immigrants back onto American

streets within hours of catching them #8212; even some

who are criminals or from countries known to produce

terrorists. "

 

DRUGS: Reuters reports on FDA official Daniel Troy's

efforts to aid drug and medical device makers in civil

lawsuits brought by injured patients.

 

IRAQ: Confronted with revelations about " deeply

flawed " prewar intelligence, some conservatives in

Congress are rethinking their votes for war.

 

MEDIA: David Cole shares his experience as a guest on

Fox's O'Reilly show.

 

Contact The Progress Report:

pr.

 

 

 

 

#160;Daily Grill

 

" The 1995 guidelines and the procedures developed

around them imposed draconian barriers, barriers

between the law enforcement and intelligence

communities.The wall effectively excluded prosecutors

from intelligence investigations. "

 

#8211; Attorney General John Ashcroft, 4/13/04

 

VERSUS

 

" To be sure, the [1995] procedures were intended to

permit a degree of interaction and information sharing

between prosecutors and intelligence officers. "

 

#8211; Attorney General John Ashcroft, 7/04

 

#160;Daily Outrage

New estimates show that, under the Medicare

legislation advocated by the White House, employers

are planning to " reduce or eliminate prescription drug

benefits for 3.8 million retirees. " That's one out of

every three retirees with employer-sponsored drug

coverage.

 

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