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YURICA REPORT:

Fraud Traced to the White House
News Intelligence Analysis

Fraud Traced to the White House 

How California's energy scam was inextricably
linked to a war for oil scheme

______________________
 
By Katherine Yurica

This story begins with the California energy crisis, which started in 
2000 and continued through the early months of 2001, when electricity 
prices spiked to their highest levels. Prices went from $12 per 
megawatt hour in 1998 to $200 in December 2000 to $250 in January 
2001, and at times a megawatt cost $1,000.

One event occurred earlier. On July 13, 1998, employees of one of the 
two power-marketing centers in California watched incredulously as 
the wholesale price of $1 a megawatt hour spiked to $9,999, stayed at 
that price for four hours, then dropped to a penny. Someone was 
testing the system to find the limits of market exploitation. This 
incident was the earliest indication that the people and the state 
could become victims of fraud. The Sacramento Bee broke the story 
three years later, on May 6, 2001.

Today, Californians are still paying the costs of the debacle while 
according to state officials the power companies who manipulated the 
energy markets reaped more than $7.5 billion in unfair profits.

During those early months of the Bush administration, and even during 
the prior transition period, Dick Cheney was deeply involved in 
gathering information for a national energy policy. The intelligence 
he gathered would provide justification for a war against Iraq but 
would also place White House footprints all over a fraud scam. This 
is how it all happened.

Enter the Lead Villain

That Ken Lay, the former chairman of Enron, enjoyed a long and close 
relationship with George Bush senior is a well-known fact. What isn't 
so well known is that George W. Bush also benefited from a close 
relationship with Lay. No one supported the younger Bush quite like 
Lay. Enron executives contributed more than $2 million to George W. 
Bush's political campaigns since 1999, earning Lay an open door to 
the governor's office. Lay was also Bush's number one choice for 
Treasury Secretary. A study authorized by Rep. Henry Waxman reveals 
that Enron had 112 known contacts with the Bush administration in 
2001. This figure does not include seventy-three disclosed contacts 
between former Army Secretary Thomas White and his former colleagues 
at Enron. (Secretary of Defense, Donald Rumsfeld, recently fired 
White.)

Significantly, Ken Lay was also a close friend to Dick Cheney who is 
a former Enron shareholder. It should come to no one's surprise that 
given the relationships, Ken Lay was selected to work on the Bush 
energy transition team under the chairmanship of Cheney. Lay's 
easiest assignment? He interviewed potential candidates for the 
Federal Energy Regulatory Commission, an agency that would oversee 
his company (and months later lead a slow, long investigation into 
Enron's role in the California energy debacle). The President picked 
Lay's nominee, Pat Wood, to serve as chairman of the agency.

Ken Lay was a very useful and a very knowledgeable man to have 
around. He knew, for instance, of the holes in the California power 
market that could be exploited. He tried to warn officials about the 
problem in 1994 when Enron testified at a Public Utility Commission 
hearing. Unfortunately his advice was ignored. Enron then went with 
the flow. It reversed itself, endorsed the system, and lauded the 
politicians for setting up what Enron knew was an exploitable and 
faulty infrastructure.

As events would unfold, the dark side of Enron got part of its 
comeuppance when the Justice Department began investigations of 
Enron's role in the California energy disaster.

Along with Dynegy and other power brokering companies, Enron 
employees were subject to federal criminal charges. One Enron 
employee pleaded guilty to wire fraud while Dynegy agreed to pay $5 
million in fines.

Enter A Little Damning Document

In April of 2001, Ken Lay handed Dick Cheney a two-page memorandum 
recommending national energy policy changes. The memo contained 
Enron's positions on specific, rather technical issues, which were 
presented as a "fix" for the California crisis. (Enron brazenly 
advised the administration not to place price caps on energy, which 
would be precisely the request California officials made to the 
President, and which the President and the Vice President would just 
as brazenly deny until public pressure forced them to capitulate.)

According to a special report prepared for Rep. Henry A. Waxman, over 
seventeen energy policies recommended by Enron made their way into 
the official White House National Energy Policy report.

Congress awoke from its somnambulism, having become alarmed at 
Enron's close association with the Bush administration. Congressional 
committees asked Dick Cheney for the names of those who advised him 
and the reports he relied upon in drafting the nation's energy 
policy. Cheney bluntly and adamantly refused to reveal those facts. 
After months of standoff, the General Accounting Office (GAO) filed a 
suit against the Vice President in an effort to obtain the requested 
information. The White House then developed a fascinating legal 
strategy that helped them triumph over the legislative branch.

Defense attorneys from the civil division of the Justice Department 
should have been assigned to the case. However, in an unprecedented 
move, the Bush administration required the services of the nation's 
number-one-gun, Theodore Olson, the Solicitor General, who normally 
only makes appearances before the Supreme Court. Olson, his Assistant 
Solicitor General, and a handpicked group of Justice Department 
lawyers formed a special "trial defense task force" to defend the 
Vice President. This act telegraphed to the court, press, and public 
that this was no ordinary case. The move paid off, a federal judge 
found for Mr. Cheney and the GAO declined to file an appeal. That, 
more or less, marked the end of the story. But then something 
happened.

Enter Obscure News Article

On October 6, 2002, a newspaper in the UK published a little known 
article about Mr. Cheney's advisers. According to Neil Mackay, an 
award-winning journalist, writing for Scotland's Sunday Herald, Dick 
Cheney commissioned an energy report from ex-Secretary of State, 
James Baker III. The time of this "commission" is not reported, but 
since the members of the appointed task force held three 
videoconferences and teleconferences in December, January, and 
February 2000-2001, Cheney therefore logically contacted Baker some 
time prior to the December 2000 meeting-during the presidential 
transition period.

Enter the Man Who Gets Things Done

James Baker was uniquely situated to fulfill Cheney's commission, for 
among the many hats he wears, he is legal counsel to the Carlyle 
Group, one of the nation's largest defense investment firms whose 
board consists of former high level government officials, including 
George Bush senior. Baker was also the "hired gun" for George W. 
Bush's campaign in Florida, along with Karl Rove. But among the hats 
he wears, none is more valuable than his ability to become invisible 
and leave no fingerprints behind. James Baker courts the press and is 
hailed a statesman; he also serves as the honorary chairman of the 
James Baker III Institute for Public Policy at Rice University, a 
think tank that was involved in aiding the George W. Bush 
presidential transition teams.
Equally intriguing is the fact that Baker has ties with both the 
Bushes and Ken Lay. Years earlier, in 1993, after Baker stepped down 
from his stint as Secretary of State, he and Robert A. Mosbacher-Bush 
senior's commerce secretary-signed a joint consulting and investing 
agreement with Enron. The two men began a lucrative career making 
joint global investments with Enron on natural gas projects. Baker 
Botts LLC, James Baker's law firm, flourished in its specialty of 
international oil and gas counseling.

Since Baker walked in their circles, when he set out to select an 
energy team to advise the White House, he filled it with leaders of 
the oil, gas, and power industries. Three appointees stand out: 
Kenneth Lay from Enron, who was working on the Bush Energy Transition 
team under Dick Cheney at the time; Chuck Watson, the then Chairman 
and CEO of Houston's Dynegy Inc., and Dynegy's General Counsel and 
Secretary, Kenneth Randolf. Both firms were deeply involved in 
illegally manipulating the California energy market at the time and 
eventually faced criminal investigations.

The oilmen selected for the task force were Luis Giusti, a Shell 
non-executive director, formerly CEO of PetręŒeos de Venezuela, S.A.; 
John Manzoni, regional president of British Petroleum; David 
O'Reilly, Chief Executive of Chevron/Texaco; and Steven L. Miller, 
Board Chairman, CEO and President of Shell Oil.

In his Sunday Herald article, Neil Mackay links another Fellow of the 
Baker Institute to the document, Sheikh Saud Al Nasser Al Sabah, the 
former Kuwaiti oil minister. The Baker Institute's report on energy 
was funded through Khalid Al-Turki and the Arthur Ross Foundation.

Sometimes a mystery is hidden in a loaded detail that most of us 
would rather skip over. A case in point is this: the Baker task force 
report shows a forty-one member task force, but the press release 
gives fifty-one as the number. This of course, could be just a typo. 
But when we look at the structure as revealed in the report, it shows 
the Baker energy task force team was divided into three separate 
groups. First came the names of the forty-one-all-star task force. 
Secondly, came the names of nine observers. And thirdly, there was an 
unknown number forming a group of "reviewers" whose identities were 
not disclosed, but who collectively had "broad academic, economic, 
and energy expertise." According to the acknowledgements these 
"individuals reviewed drafts of the report at various stages and 
participated in the Task Force meetings." Perhaps the most telling 
admission is that the final version was "greatly enhanced" by this 
shadowy group.

Enter Major Document No. 1

The Baker energy task force produced a report titled, Strategic 
Energy Policy Challenges for the 21st Century, dated April 2001. 
There is no mistaking the fact that reasonable, detailed and 
important expert advice is meted out to the new president. However, 
this amazing 107-page report strikes a drumbeat for action that grabs 
the reader as it propels a picture of a naked, energy-scarce nation, 
subject to energy shortages and price fluctuations, across its pages. 
Contrasting the state of what is, against what should be, and 
mercifully making powerful recommendations that will "save our 
economy," it offers warnings such as: a sharp rise "in oil prices 
preceded every American recession since the late 1940s."

The California energy crisis is raised again and again, along with 
the prophecy that America can expect "more California-like incidents" 
in the future. There's even a connection made between the California 
crisis and the Middle East, which according to the report, "will 
remain the world's base-load supplier and least expensive source of 
oil for the foreseeable future." With that prophetic utterance, the 
stage is now set for a new actor, a new villain, and a new energy 
policy.

Enter Saddam Hussein

According to the Baker report, Saddam Hussein became a swing oil 
producer by turning Iraq's oil taps "on and off" whenever he felt 
that it was in his interest to do so. During these periods Saudi 
Arabia stepped up to the plate and provided replacement oil supplies 
to the market to keep California type "disruptions" and scarcity from 
occurring in America. Hussein, the report says, used his own "export 
program to manipulate oil markets." The report's implications are 
clear: the national energy security of the U.S. was now in the hands 
of an open adversary and the Saudis might not make up the difference 
in the future. The Baker report recommends: "The United States should 
conduct an immediate policy review of Iraq, including military, 
energy, economic and political/diplomatic assessmentsŠ. Sanctions 
that are not effective should be phased out and replaced with highly 
focused and enforced sanctions that target the regime's ability to 
maintain and acquire weapons of mass destruction." Military 
intervention is listed as a viable prospect.

According to Neil Mackay in the Sunday Herald article, James Baker 
delivered the report to Dick Cheney in person in mid April 2001.

The subsequent events of September 11, 2001 helped take the world's 
eyes away from the notion that an invasion of Iraq is for oil, but 
according to Mackay's sources, the Bush cabinet agreed to military 
intervention in Iraq six months earlier, in April of 2001.

Enter Major Documents No. 2 and 3

A haunting familiarity exists between the Baker energy report and 
another policy paper that could negatively impact the Bush 
administration. The style of the two reports is similar, particularly 
in discussions on national security; their task force methodologies 
are essentially the same; they share the repeated use of a relatively 
rare term; they share similarly constructed phrases; they both name 
Iraq as an adversary and they both attack problems in the same 
manner. There is a possibility that one writer served on both task 
forces.

A little background is necessary: In June of 1997 a group of former 
republican administration officials launched The Project for the New 
American Century, a think tank offering research and analysis on a 
"revolution" in modern military methods and military objectives. Like 
the energy task force, the passionate neo-conservative authors 
endowed their Principles with hard-hitting force, calling for the 
necessity of "preserving and extending an international order 
friendly" to America's "security, prosperity and principles." The 
founders wrote: "The history of the 20th Century should have taught 
us that it is important to shape circumstances before crises emerge 
and to meet threats before they become dire." In fact, on pages 51 
and 67 of the institution's intellectual centerpiece, Rebuilding 
America's Defenses, the authors lament that the process of 
transforming the military would most likely be a long one, "absent 
some catastrophic and catalyzing event-like a new Pearl Harbor." (How 
unfortunate for Americans, they got their needed event on September 
11, 2001.)

The signers to the "principles" read like a who's who of the Bush 
administration plus a chorus line of supporters: Dick Cheney, I. 
Lewis Libby, Donald Rumsfeld, Paul Wolfowitz, and Elliott Abrams, 
plus world famous: William Bennett, Jeb Bush, and Dan Quayle, among 
others.

The signers endorsed two other dynamic enabling policies: increased 
military spending, and the necessity of challenging "regimes hostile 
to America's interests and values."

The seventy-six-page Rebuilding America's Defenses was published in 
2000. With a lot of expositional swagger, the authors created not 
only the ideal military preparedness level for their goal of global 
domination, but they identified a new kind of warfare that requires 
far less "force" than the military was accustomed to accept. What's 
more, they identified the "hostile regimes" mentioned in the 
"Principles" to be none other than Iraq, North Korea, Iran and Syria.

The report credits Thomas Donnelly, a military writer, as "principal 
author," and lists twenty-seven participants, some of whom 
contributed a "paper" to the discussion. The list of participants 
includes Dick Cheney's present chief of staff, I. Lewis Libby as well 
as Paul Wolfowitz.

The two documents clearly show that before George W. Bush took 
office, key officials of his future administration not only listed 
Iraq, Iran, and North Korea as "adversaries" who "are rushing to 
develop ballistic missiles and nuclear weapons as a deterrent to 
American intervention in regions they seek to dominate," but endorsed 
an alien concept, the doctrine of pre-emptive strikes against those 
nations believed to have hostile intent against the U.S. before such 
intent is manifested.

   

Enter Document No. 4

On May 16, 2001, Dick Cheney officially handed the National Energy 
Policy (national report) to George W. Bush. Ostensibly the cabinet 
members that formed the National Energy Policy Development Group 
(NEPDG) were its authors. But a careful study and comparison of the 
national report with the Baker report reveals the Baker report 
provided the skeleton framework upon which the national energy policy 
was hung. However, the skeleton was broken up into unrelated parts: 
the skull in the middle, the thigh bone on top.

When it was all unraveled, almost every major policy action in the 
Baker report was incorporated into the national report. The tedious 
process of comparing the two reports with each other occasionally 
revealed a subtlety. For example, the Baker report says, "The U.S. 
must have a strategic energy policy based on energy security." The 
national report subtly changes this to: "The NEPD Group recommends 
that the President make energy security a priority of our trade and 
foreign policy." This foreign policy change led to the discovery that 
an important topic is missing from the national report.

Although every other oil producing country was discussed in the 
national energy text, two countries were glaringly omitted from even 
a mention: Iraq and Iran. There's an explanation for the omissions: 
First, in reading the Baker report one is struck by the strategic 
military information provided, which would be odd and inappropriate 
in a report on energy. Secondly, the Baker report is divided into two 
sections: the first part focuses on strategic steps the new 
administration should take immediately. The second part focuses on 
long-range energy policy. "Taking care of Iraq" is listed as an 
immediate step in the Baker report. The national report, however, 
focuses solely on long-range policy.

Enter Incriminating Statements

One of the most striking facts about the national report is that it 
makes 110 references to California's energy crisis, which was 
ninety-nine more than the Baker report makes. Clearly, someone in the 
White House needed an impressive energy crisis to tout. How 
unfortunate that the crisis cited was fraudulently induced. Like the 
Baker report, the national report states, "The California experience 
demonstrates the crippling effect that electricity shortages and 
black outs can have on a state or region." Warnings abound: "America 
in the year 2001 faces the most serious energy shortage since the oil 
embargoes of the 1970s." The 110 repetitions of the word "California" 
linked with words like "energy crisis," and "energy shortages and 
price spikes," could turn the national energy report into an ad man's 
prized primer.

Notwithstanding its importance as an example of what could happen to 
other states, the author of a passage (at page 5-12) of the national 
report suddenly yields to an impulse to relate what really happened 
in California. In doing so, he completely contradicts at least 105 
references to California throughout the report. The significance of 
this contradictory entry into the National Energy Policy must not be 
underestimated.

In the process of reversing the carefully construed "California 
experience," the author's grasp exceeds his knowledge in that his 
understanding of the events in California go beyond what he should 
have reasonably known at the time of its writing. For he wrote, "The 
risk that the California experience will repeat itself is low, since 
other states have not modeled their retail competition plans on 
California's plan." This is an astounding statement. If the 
California crisis was caused by a supply shortage as the author 
claims a line above this sentence, surely other states could suffer 
similar shortages. But no, the author is actually making an admission 
here: he is admitting the energy crisis in California can't be 
replicated in other states because certain market means do not exist 
in the other states. How could the author know this? The writer of 
that sentence would have to be someone intimately involved in the 
California system; know the real cause of the state's crisis; and be 
familiar with all the other state rules and market infrastructures.

But our knowledgeable author is not done. In trying to amplify what 
he just revealed, he tried to hide the true actors in the next 
sentence by misdirecting the reader away from the culprits to blame 
the state. This is a formula for incoherence. Nonetheless, the 
writer's sentence found its way into the national energy report where 
it spoke for the Bush administration: "California's failure to reform 
flawed regulatory rules affecting the market drove up wholesale 
prices." If this sentence is read literally, it asks the reader to 
believe that a state's experience of failure to amend its rules, 
along with the flawed rules themselves, somehow had an independent 
power to "drive up wholesale prices," without an intervening acting 
agent. The only sensible reading left to us is that the flawed rules 
allowed power brokers to manipulate the system. But how could our 
author and his administration editors know this to be true without 
being in collusion with the wrongdoers? If they were not in collusion 
they would have reported the crime. But if they remained silent when 
they had a duty to report or stop the commission of a crime, they 
became accessories.

Continuing his unexpected analysis, the author tells us, "Actions 
such as forcing utilities to purchase all their power through 
volatile spot markets, imposing a single-price auction system, and 
barring bilateral contracts all contributed to the problems that 
California now faces." This is nothing more than the author, and 
through him the White House, attempting to throw responsibility for 
any wrongdoing by energy companies in California squarely at the feet 
of the state.

Many people were blaming the state at the time, including the Federal 
Energy Regulatory Commission. The Hoover Institution jumped into the 
fray and released a book by James L. Sweeney, The California 
Electricity Crisis, which promotes and assigns blame like this: 
"After political leaders mismanaged the electricity crisis, 
California now faces an electricity blight while it struggles to 
recover from its self-imposed wounds."

Not until the Sacramento Bee broke its story, "How Californians got 
burned" on May 6, 2001-ten days before the national report was 
released-did the public receive the first concrete signs the crisis 
may have been caused by manipulation. There was finger pointing in 
the media at the time, and accusations, but there was simply no 
proof. But after criminal convictions for federal wire fraud came 
thundering down, everything changed.

Enter the Federal Regulators

Following a two-year staff investigation, on March 26, 2003, the 
Federal Energy Regulatory Commission (FERC) released findings that 
impacted this article in the above "Incriminating Statements" 
section. FERC's latest investigation was to determine whether Enron 
or any other sellers manipulated the electricity and natural gas 
markets in California. In its report, "Price Manipulation in Western 
Markets" (Findings at a Glance) the FERC made the following finding:

"Staff concludes that supply-demand imbalance, flawed market design 
and inconsistent rules made possible significant market manipulations 
as delineated in final investigation report. Without underlying 
market dysfunction, attempts to manipulate the market would not be 
successful."

Amazingly, the finding eerily echoes our unknown author's statements 
published in the National Energy Policy document (the national 
report) at page 5-12. The questions I raised above are even more 
significant now: How could the author and the editors have inserted 
an accurate assessment of the causes of the California energy fraud 
in May 2001 without having inside knowledge and or without being part 
of the scam, when it took the FERC two years of investigation to 
release virtually the same findings as those published in the 
national energy report?

Enter the Question, "Who Done It?"

In a letter to the Vice President dated January 25, 2002, Rep. Henry 
Waxman outlined the information he gathered on how the National 
Energy Policy was written: passages not included in the draft of the 
national report, appear to have been added to the plan during the 
final revisions made under the direction of the White House. The 
White House energy plan was first drafted, Waxman says, by a 
"workgroup composed of staff from various agencies led by the 
Executive Director, Andrew Lundquist," of Dick Cheny's staff. Each 
chapter, according to Waxman, "was drafted by one of the 
participating agencies," and those copies "were then circulated among 
all of the workgroup members." The workgroup then met to discuss each 
agency's comments before submitting the drafts to the White House.

Waxman wrote, "Any further changes in the plan were made under the 
direction of the White House. No subsequent versions of the White 
House energy plan were circulated to the interagency workgroup." 
Assuming this description of the process applied to all the chapters 
of the national report, it appears the White House had the final word 
and made the final insertions and changes to the report.

In trying to answer the question, "Who done it?" our Sherlock Holmes 
people will have to look at the top levels of the White House and the 
Bush administration, and ask, "Who had sufficient knowledge of 
electricity markets in California and other states to have written 
the incriminating statements?"

Few if any names come to mind. Secretary of Energy, Spenser Abraham 
just doesn't fit the profile. He was a one-term defeated junior 
senator from Michigan who is mainly known for never missing a 
roll-call vote and for his support of abolishing the same Department 
of Energy he now heads. Many people held the belief that Abraham's 
appointment was a clear signal that Bush and Cheney would make all 
the energy decisions.

Andrew Lundquist, however, is another cup of tea. He was formerly the 
chief of staff for the Senate Energy Committee where he served 
brilliantly. Bush appointed him to be the Executive Director of the 
NEPD Group, chaired by Dick Cheney; however, he may never have seen 
the final changes.

Beyond Cheney and Lundquist and perhaps I. Lewis Libby, Cheney's 
chief of staff, or perhaps Pat Wood, Chairman of FERC, who may fit 
the profile, one runs out of names.

However, another player does come to mind: he was a lone outsider who 
insinuated himself into a position of power in Bush's White House. He 
is one man who by far is the most knowledgeable and capable 
power-market-man in the country, and he also happened to know how the 
marketing system in California could be rigged. His name is Kenneth 
Lay, the former chairman of Enron.

Enter Ken Lay Act Two

Indeed, Rep. Henry Waxman's Minority report on Enron found more 
instances of Ken Lay's input transferred into recommendations to the 
President on pages 5-11 and 5-12 than any other portion of the 
national report. However, the recommendations don't show the style 
and form of a contributing writer.

So the question is, are there any correlations between relevant 
passages in the text with other documents written by Ken Lay?

In a comparison of the two-page memo we know Lay submitted to Cheney, 
the passages attributed to the unknown author reveal similarities of 
vocabulary, including the identical use of words, a similar style of 
writing, and a correspondence of ideas expressed. It appears that Ken 
Lay may have written more of the national report than was previously 
suspected. So what about Dick Cheney as a suspect?

Although Mary Matalin, who was then serving as an adviser to the vice 
president, told a San Francisco Chronicle reporter that Cheney's 
energy plan included input from many sources, "Just because some of 
the things are included in the plan doesn't mean they were from the 
talks between Cheney and Lay."

However, Mary Matalin may not have known what we now know: She 
apparently did not know that Ken Lay wrote his memo down on paper and 
submitted it to the Vice President. In fact, there may have been more 
than one memo submitted by Lay to Cheney, which might explain why the 
vice president went to such extremes to keep congress from viewing 
those documents.

It's shocking to realize that at the same time the author's 
incriminating admissions were being submitted to Dick Cheney, then 
read, edited and approved for publication by the White House, the 
fraudulent acts they referenced were being executed. This fact may 
have serious criminal justice implications for the White House. For 
in the spring of 2001, California was reeling from rolling blackouts 
and brownouts and the price of electricity was breaking through the 
sky like a con trail from a speeding jet.

It may be time to paraphrase Senator Howard Baker's famous questions 
during the Watergate hearings, "What did the President and Vice 
President know and when did they know it?" At the very least, 
congress and the people of this country need to know who wrote the 
incriminating passages and who read them.

Enter Documents No. 5, 6 and 7

The New American Century Project's writings were not the only brainy 
papers that were read and studied by conservatives before George W. 
Bush gained the presidency. We know the Baker Report went directly to 
Cheney. But other reports from Conservative think tanks like 
Stanford's Hoover Institution, the American Enterprise Institute, and 
the Heritage Foundation had the ears of the group of 
neo-conservatives who favored using America's great military power to 
not only carve out an empire but to set America on a course to global 
domination. One report, "Using Power and Diplomacy to Deal With Rogue 
States," written in the mid 90's by Thomas H. Henriksen, a senior 
fellow and associate director of the Hoover Institute is an analysis 
of the world following the end of the cold war. The report favors 
power over diplomacy. What is so striking about the paper is its 
wild-west, tough cowboy style.

Henriksen was worried about a few countries, "If left unchecked, 
rogue states like Iraq, North Korea, Iran, Libya, and others will 
threaten innocent populations, undermine international norms, and 
spawn other pariah regimes, as the global order becomes tolerant of 
this political malignancy."

His solution? "America must act not like a policeman but like a 
sheriff in the old Western frontier towns, acting alone on occasion, 
relying on deputies or long-standing allies, or looking for a posse 
among regional partners. . .[America] cannot allow desperadoes to run 
loose without encouraging other outlaws to test the limits of law and 
order." (Surely, given the president's performance in his first two 
years in office, this sentence must have been inserted into George W. 
Bush's play book.)

Newt Gingrich, the former Speaker of the House and the then-soon- 
to-be-appointed member of the National Defense Policy Board echoes 
this simple, lone star imagery, in an address to the Overseers 
Meeting of the Hoover Institution. "Somebody on horseback with a 
satellite phone and a laser designator connected directly with a B-2 
bomber or a B-52 with smart weapons has a level of power unthinkable 
ever before in human history."

Then there are the sensible folks of the Council on Foreign 
Relations, advising the new president in June of 2001, "Saddam 
Hussein and his regime pose a growing danger to the Middle East and 
the United States. The regime cannot be rehabilitated. Therefore, the 
goal of regime replacement should remain a fundamental tenet of U.S. 
policy options."

The paper, written by Geoffrey Kemp and Morton H. Halperin, with 
sixteen other participants, advises the president there are three red 
lines describing actions that Saddam Hussein might possibly take. If 
he crosses any one of the three, the report states, we will gain the 
support of the Arabs and the Turks against him:

"First, Iraqi military threats or attacks on allied forces.

Second, Iraqi threats or attacks on neighboring states.

Third, Iraqi acquisition and deployment of weapons of mass
destruction or their use, including nuclear, chemical and biological weapons."

Note the tense of the third sentence: it is present or future tense 
as opposed to the past tense. Judging from the subsequent actions and 
words of the president, it appears that the third red line in 
Kemp-Halperin paper may have played a large role in the 
administration's attempts to gain allies in its war against Iraq.

Newt Gingrich's address before the Hoover Board of Overseers was 
titled, "National Security Initiative, the Transformation of National 
Security," and was an attempt to describe a new kind of military that 
called for a new kind of military education. He advised dropping the 
"concept of exit strategies," which he said was a "fetish that grew 
out of the Vietnam War." As for Saddam Hussein, Gingrich said, "We 
need to immediately replace him."

Pulling his words out carefully, Gingrich revealed a stunning use of 
psychological intimidation and warfare. He elevated coercive verbal 
bullying to weaponry status. He said, "You cannot change Saudi Arabia 
as much as we need to change Saudi Arabia until you have an Iraq 
which is an American ally. And you need an Iraq that's an American 
ally [because] it has a larger oil reserve than Saudi Arabia does."

Gingrich unveiled how coercive a threat an American-Iraqi friendship 
would have over the Saudis: the bi-national friendship would destroy 
the Saudi's sense of their reality that they alone are the one single 
source for the world's reserve supply of oil. "The morning they see 
that we are that serious and we are that determined, they will 
negotiate with us in a very different way." In other words, once 
there are two sources of cheap oil, it isn't likely the Saudis will 
thumb their noses at a U.S. president's offer to buy reserve oil at 
two dollars a barrel. It's either two dollars a barrel or it's 
nothing. (Since this speech, Gingrich has become an adviser to Donald 
Rumsfeld, the Secretary of Defense.)

Enter Document No. 8

By December of 2002, "an Independent Working Group" led by two 
Ambassadors, Edward P. Djerejian and Frank G. Wisner, wrote a report 
for the president to guide him on what comes after the war. They 
created a "perfect" war on paper: The war was presumed to have 
occurred. It was a fast, smooth war. It ended nicely. There were no 
complications. The report does not address the problems of a war that 
bogs down in urban street fighting or in mass demonstrations against 
the United States or any other messy possibility.

Titled, "Guiding Principles for U.S. Post-Conflict Policy in Iraq," 
the report is cosponsored by the Council on Foreign Relations and the 
James A. Baker III Institute for Public Policy of Rice University.

The President and his advisers are greeted with constraints such as 
"uphold the territorial integrity of Iraq."

Addressing the motives of the U.S., the report tells the president, 
"Western anti-war activists, the Arab public, average Iraqis and 
international media have all accused the United States of planning an 
attack on Iraq not to dismantle weapons of mass destruction but as a 
camouflaged plan to 'steal' Iraq's oil for the sake of American oil 
interests." The solution: any repairs, future investments, oil 
exports and sales of oil must be made transparent and involve both 
international and Iraqi oversight.

The report gets most interesting when it talks about oil-the lure and 
the reality. While there is great potential, "it will require massive 
investment." ($28 billion.) The president is told, "Iraq has the 
second largest proven oil reserves in the world (behind Saudi Arabia) 
estimated at 112 billion barrels with as many as 220 billion barrels 
of resources deemed probable. Of Iraq's 74 discovered and evaluated 
oil fields, only 15 have been developed." In the western desert 
"there are 526 known structures that have been discovered, 
delineated, mapped, and classified as potential prospects in Iraq of 
which only 125 have been drilled." It must be very difficult for some 
individuals and nations to let go of such a vision. We know the 
president and his men could not.

Enter Painful Conclusion

When John DiIulio, a high-level Bush administration official, left 
his job at the White House, he sent a letter to Ron Suskind at 
Esquire, describing his experiences working in the administration. 
DiIulio gave the world an insider's view into the secret center of 
power. "There is no precedent in any modern White House for what is 
going on in this one: a complete lack of a policy apparatus."

DiIulio wrote, "The Clinton administration drowned in policy 
intellectuals and teemed with knowledgeable people interested in 
making government work." DiIulio said simply that intellectual work 
wasn't "Bush's style."

In "eight months," DiIulio continued, "I heard many, many staff 
discussions, but not three meaningful, substantive policy 
discussions. There were no actual policy white papers on domestic 
issues."

What Mr. DiIulio may not have known is what the Yurica Report 
discovered: the policy papers were written for this 
administration-and not by this administration. The National Energy 
Policy like the Baker report drills into the reader's mind that 
devastating "California-like" crises can and will be repeated unless 
the administration and congress choose to take prescribed steps to 
regain control over energy supply-lines. Control or insurance is 
spelled out as w-a-r against Iraq. Something intervened, however, 
that made energy crises unnecessary as a justification tool for war. 
That something was another Pearl Harbor on September 11, 2001.

This story ends as it began: with unrequited lies, deception and 
fraud. Three sentences inserted into the National Energy Policy 
report reveal: 1) the White House knew the California crisis was 
man-made; 2) knew the power companies were manipulating the market in 
California; 3) and knew these facts at the time the people of 
California were being fleeced by the scam; 4) yet the Bush White 
House did nothing to stop the fraud.

A special prosecutor should be appointed by Congress to investigate 
this whole matter as well as what Mr. Bush and Mr. Cheney knew and 
when they knew it.

________________________

Documentation & Links

1. San Francisco Chronicle, "Memos show makings of power crisis," May 
10, 2002. 
http://sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/05/ 
10/MN24643.DTL

 2. The Sacramento Bee, Special Report: "How Californians got burned" 
May 6, 2001.
http://www.sacbee.com/static/archive/news/special/power/050601california.html

3. The two page Ken Lay Memo (Go to this page and click on the "Memo" 
photo-icon at the top of the article):San Francisco Chronicle, "The 
Enron Collapse", January 30, 2002. 
http://sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/01/ 
30/MN46204.DTL

4. Bush Administration Contacts with Enron, Prepared for Rep. Henry 
A. Waxman by the Minority Staff Special Investigations Division 
Committee on Government Reform, U.S. House of Representatives.
http://www.house.gov/reform/min/inves_admin/admin_enron.htm

5. How the White House Energy Plan Benefited Enron Prepared for Rep. 
Henry A. Waxman by the Minority Staff Committee on Government Reform.
http://www.house.gov/reform/min/inves_admin/admin_enron.htm

6. Neil Mackay's article in the Sunday Herald:
http://www.sundayherald.com/print28285

7. The Baker Report Press Release:
http://www.rice.edu/projects/baker/Pubs/reports/Pubs/bipp200107/bipp20 
0107_03.html

Editor's Note: The Yurica Report has learned that the Baker Institute 
at Rice University has removed the Press release from their web site. 
For those interested for research and vital information purposes, we 
have placed a copy on our web site at:: Task Force Issues 
Recommendations for Energy Policy.

8. Document No. 1: The Baker Report, Strategic Energy Policy 
Challenges for the 21st Century:
http://www.rice.edu/projects/baker/Pubs/workingpapers/cfrbipp_energy/e 
nergytf.htm
Editor's Note: You may also read the report from our PDF file linked here.

9. Document No. 2: Project for the New American Century "Principles":
http://newamericancentury.org/statementofprinciples.htm

10. Document No. 3: Rebuilding America's Defenses 
http://newamericancentury.org/publicationsreports.htm

11. Document No. 4: National Energy Policy report:
http://www.whitehouse.gov/energy/

12. FERC Findings and Report:
http://www.ferc.gov/industries/electric/indus-act/wem/03-26-03.asp

13. San Francisco Chronicle, "The Enron Collapse", January 30, 2002.
http://sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/01/ 
30/MN46204.DTL

14. Letter from Rep. Waxman to Dick Cheney, dated January 25, 2002. 
http://reform.house.gov/min/inves_energy/energy_cheney.htm

15. Document No. 5: Using Power and Diplomacy to Deal With Rogue 
States: http://www-hoover.stanford.edu/publications/epp/94/94a.html

16. Document No. 6: Newt Gingrich, "National Security Initiative, The 
Transformation of National Security." A speech to the Board of 
Overseers Meeting, Hoover Institution, July 18, 2002. 
http://www-hoover.stanford.edu/research/conferences/boo2002july.html

17. Document No. 7: A Report on U.S. Policy Options Towards Iraq by 
Geoffrey Kemp, Morton H. Halperin, Council on Foreign Relations: 
http://www.cfr.org/publication_print.php?id=3990&content=

18. Document No. 8: Guiding Principles for U.S. Post-Conflict Policy 
in Iraq Edward P. Djerejian and Frank G. Wisner, Co-Chairs 
http://www.rice.edu/projects/baker/Pubs/workingpapers/iraq/index.html

19. Esquire,  "Why Are These Men Laughing?" January, 2003. "The 
DiIulio Letter" October 24, 2002,

Katherine Yurica was educated at East Los Angeles College, U.S.C. and 
the USC school of law. She worked as a consultant for Los Angeles 
County and as a news correspondent for Christianity Today plus as a 
freelance investigative reporter. She is the author of three books. 
She is also the publisher of the Yurica Report.



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