see also:
http://www.oilempire.us/understanding.html
Terrorist Attack Analogy

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http://www.nytimes.com/2004/06/15/opinion/15KRUG.html

Travesty of Justice
By PAUL KRUGMAN

No question: John Ashcroft is the worst attorney general in history.

For this column, let's just focus on Mr. Ashcroft's role in the fight
against terror. Before 9/11 he was aggressively uninterested in the
terrorist threat. He didn't even mention counterterrorism in a May 2001
memo outlining strategic priorities for the Justice Department. When the
9/11 commission asked him why, he responded by blaming the Clinton
administration, with a personal attack on one of the commission members
thrown in for good measure.

We can't tell directly whether Mr. Ashcroft's post-9/11 policies are
protecting the United States from terrorist attacks. But a number of
pieces of evidence suggest otherwise.

First, there's the absence of any major successful prosecutions. The one
set of convictions that seemed fairly significant — that of the "Detroit
3" — appears to be collapsing over accusations of prosecutorial
misconduct. (The lead prosecutor has filed a whistle-blower suit against
Mr. Ashcroft, accusing him of botching the case. The Justice Department,
in turn, has opened investigations against the prosecutor. Payback? I
report; you decide.)

Then there is the lack of any major captures. Somewhere, the anthrax
terrorist is laughing. But the Justice Department, you'll be happy to
know, is trying to determine whether it can file bioterrorism charges
against a Buffalo art professor whose work includes harmless bacteria in
petri dishes.

Perhaps most telling is the way Mr. Ashcroft responds to criticism of his
performance. His first move is always to withhold the evidence. Then he
tries to change the subject by making a dramatic announcement of a
terrorist threat.

For an example of how Mr. Ashcroft shuts down public examination, consider
the case of Sibel Edmonds, a former F.B.I. translator who says that the
agency's language division is riddled with incompetence and corruption,
and that the bureau missed critical terrorist warnings. In 2002 she gave
closed-door Congressional testimony; Senator Charles Grassley described
her as "very credible . . . because people within the F.B.I. have
corroborated a lot of her story."

But the Justice Department has invoked the rarely used "state secrets
privilege" to prevent Ms. Edmonds from providing evidence. And last month
the department retroactively classified two-year-old testimony by F.B.I.
officials, which was presumably what Mr. Grassley referred to.

For an example of changing the subject, consider the origins of the Jose
Padilla case. There was no publicity when Mr. Padilla was arrested in May
2002. But on June 6, 2002, Coleen Rowley gave devastating Congressional
testimony about failures at the F.B.I. (which reports to Mr. Ashcroft)
before 9/11. Four days later, Mr. Ashcroft held a dramatic press
conference and announced that Mr. Padilla was involved in a terrifying
plot. Instead of featuring Ms. Rowley, news magazine covers ended up
featuring the "dirty bomber" who Mr. Ashcroft said was plotting to kill
thousands with deadly radiation.

Since then Mr. Padilla has been held as an "enemy combatant" with no legal
rights. But Newsweek reports that "administration officials now concede
that the principal claim they have been making about Padilla ever since
his detention — that he was dispatched to the United States for the
specific purpose of setting off a radiological `dirty bomb' — has turned
out to be wrong and most likely can never be used in court."

But most important is the memo. Last week Mr. Ashcroft, apparently in
contempt of Congress, refused to release a memo on torture his department
prepared for the White House almost two years ago. Fortunately, his
stonewalling didn't work: The Washington Post has acquired a copy of the
memo and put it on its Web site.

Much of the memo is concerned with defining torture down: if the pain
inflicted on a prisoner is less than the pain that accompanies "serious
physical injury, such as organ failure," it's not torture. Anyway, the
memo declares that the federal law against torture doesn't apply to
interrogations of enemy combatants "pursuant to [the president's]
commander-in-chief authority." In other words, the president is above the
law.

The memo came out late Sunday. Mr. Ashcroft called a press conference
yesterday — to announce an indictment against a man accused of plotting to
blow up a shopping mall in Ohio. The timing was, I'm sure, purely
coincidental.

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