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Peace at any cost is a Prelude to War!


THE FEDERALIST(r) DIGEST
The Conservative e-Journal of Record
* Veritas Vos Liberabit *

7 December 2001
Federalist Edition #01-49
Friday Digest

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CONTENTS:
The Foundation
Federalist Perspective


______----********O********----______
THE FOUNDATION

"Every citizen should be a soldier. This was the case with the Greeks
and Romans, and must be that of every free state." --Thomas Jefferson

______----********O********----______
PUBLISHER'S NOTE

Sixty years ago today, Imperial Japan attacked the United States at
Pearl Harbor. As with the attack on our nation September 11th, we were
wholly unprepared -- a sleeping giant. But the difference in the
execution and outcome of these attacks is as notable as our national
response to each.

The attack on Pearl Harbor required the entire military resources of
Japan. On that fateful "Day of Infamy," 353 Japanese planes attacked a
military target killing 2,390 combatants. It took four years and the
full military-industrial capability of the United States to defeat
Japan.

The attack on 9-11 required only a hand full of Islamic zealots with
some basic flight training, 19 airline tickets and some sharp
instruments. On that fateful day, four commercial airliners were
hijacked, three of which were used as fueled missiles against symbols
of American free enterprise and strength, killing, in less than one
hour, thousands of our countrymen -- most of them non-combatants. The
resulting war on Jihadistan may continue indefinitely, and will
require highly specialized intelligence and military operations to
protect against hit-and-run terrorism.

As it was in 1941, the most dangerous period for our nation's ability
to sustain continuity of government and commerce is the next 6-12
months, while we surge our intelligence and military capabilities to
restore our ability to defend our shores. But there is another looming
threat to the success of our campaign against Jihadistan. We are
fighting an enemy with no borders, and we have become a nation with a
very short memory and even shorter attention span. It will be
difficult for President George Bush to overcome this internal threat
of a looming lack of resolve. We may have to be reminded -- tragically
-- that the threat posed by Islamic terrorists will defy short-term
solutions.

However difficult the coming months and years may be, in the words of
fellow Patriot Todd Beamer, one of the first combat fatalities in the
war with Jihadistan, we say to all American Patriots: "Let's Roll!"

______----********O********----______
FEDERALIST PERSPECTIVE

Top of the fold...

Measured progress continued in prosecution of our war with Jihadistan.
In Afghanistan, only two major war fronts remained, and the siege of
one, Kandahar in the south, was nearing an end. Marines from Forward
Operating Base Rhino assisted Army Special Forces in tightening the
noose around Kandahar, the Taliban's "spiritual center." Of the
remaining Taliban fighters there, Defense Secretary Donald Rumsfeld
made clear their options: "[I]f they don't surrender, they're going to
be killed.... If people will not surrender, then they've made their
choice."

With those words, Taliban leader Mullah Mohammed Omar, holed up in
what is left of Kandahar, started negotiations to ensure his own
survival. But nobody is listening....  Apparently Mullah Mo, who
earlier in the week was repeating his mantra that Taliban regulars
must fight to the death to receive their just rewards, had a change of
heart regarding his own. (We suspect the arrival of SF and Marine
units in Mo's neighborhood played some role in that change.) Hell is
not looking so good....

Meanwhile, in mountainous northeastern Afghanistan, Osama bin Laden
and his al Qaeda diehards were hiding among the caves and tunnels near
Tora Bora -- awaiting their certain demise.

Though Osama is proving hard to locate, he may soon be found on the
cover of Time magazine as "Person of the Year," as the magazine
confirmed he is among "a dozen under consideration" for recognition as
the one person on Earth who has had the biggest effect on the year's
history. But The Federalist disagrees with the choice of bin Laden and
thinks there's no contest -- Man of the Year this year is a composite,
"The American Hero." Despite the recent years of hand-wringing and
whining over the loss of heroes and lack of role models, they have
always been among us: the patriot-passengers of United Flight 93 who
sacrificed their own lives for untold others; the firefighters, police
officers, emergency rescuers and other civilians who laid down their
lives at WTC to reduce the death total there; Don Rumsfeld going
directly to the Pentagon crash scene to assist victims; President Bush
returning to the White House before terrorist threats were known to
have diminished so that he could address the nation -- and leading our
nation with the courage and conviction few credited him for
possessing; Rudy Giuliani's leadership in NYC amid unimaginable horror
and distress; our warriors in and around Afghanistan; and the families
of all the above.... This year was a new dawn for "The American Hero."

Speaking of heroes, three Green Berets were fatal casualties of
"friendly fire" in southern Afghanistan early Wednesday. Another 19
U.S. troops were injured.  Five Northern Alliance troops fighting
alongside the Americans died, and 18 were wounded. The Defense
Department is investigating the error in called coordinates for guided
munitions from a B-52. "You know, the motto of the Special Forces is
to liberate the oppressed. These men died as heroes and were wounded
as heroes, and our thoughts and prayers are with them and their
families," said Rear Adm. John D. Stufflebeem, the Pentagon's deputy
director for operations. (As are our own....)

On other fronts with Jihadistan, Yasser Arafat's Palestinian terror
group Hamas took responsibility for a string of vicious bombings in
Israel, which murdered 26 innocents. The attacks come in the wake of
Osama's explicit linking of the 9-11 attacks on the U.S. with U.S.
support for our ally Israel, as well as to our armed forces still
present in Saudi Arabia and Kuwait to defend those nations against
Saddam Hussein's resumption of aggressive moves on their territories.

And there is a storm brewing over Iraq again, with rumblings about
when -- and how -- to prosecute the front with Jihadistan there.
"Suddenly he's [bin Laden] flying jumbo jets into buildings," noted
Kidhir Hamza, former head of Saddam Hussein's nuclear weapons program.
"Where did he get that expertise? This is Saddam's work. Iraq is
openly a terrorist state." Hamza explained he had participated in
Iraq's nuclear weapons development, believing the program would
prevent war by "balancing" regional powers: "The aim was to keep Iraq
independent and have some leverage in the region. We wanted only
limited deterrence, but it continued even after Iraq had lost the Gulf
War." Hamza assessed the effectiveness of United Nations weapons
inspections harshly, stating they were "useless. You have to get rid
of him [Hussein]."

Terming Iraqi tyrant Saddam Hussein's refusal to allow UN weapons
inspectors to continue their work in Iraq "an act of aggression"
against the U.S. and its allies, Rep. Lindsey Graham (R-South
Carolina), together with Rep. Porter Goss (R-Florida) and Rep. Henry
Hyde (R-Illinois), introduced a House resolution listing ten offenses
Iraq has or may have committed. The list notes Hussein's 10-year war
against Iran, his 1990 invasion of Kuwait, and says, in part, "the
President and the United Nations should insist on monitoring weapons
development in Iraq" in accordance with the Gulf War surrender terms
Hussein accepted. There's that "surrender" thing again!

Quote of the week...

"Can you imagine apprehending a terrorist, either in the deserts of
Afghanistan or on the way to the United States to commit a crime, and
having to take them through the traditional justice system? Reading
them the Miranda rights? Hiring a flamboyant lawyer at public expense?
Having sort of 'Osama television' ... allowing that kind of propaganda
to go out, jeopardizing American assets in the intelligence community
and in the war? Putting a courthouse and a community as a target for
terrorism?" --Attorney General John Ashcroft

On cross-examination...

"Have those demanding civilian trials for foreign terrorists thought
through the logic of their position? They are saying it is permissible
to drop a 15,000 pound daisy-cutter bomb on Osama bin Laden and his
extended family in Kandahar, but if he makes it to U.S. soil and blows
up the Sears Tower, the families of his victims must pay for his
defense and his trial can be carried on Court TV." --Pat Buchanan

Open Query...

"What happens to a nation when massive blocs of foreign peoples enter
its lifestream with little intention of assimilation?" --Diana West

The BIG lie...

"For too long, Republicans have stopped our efforts to help the
economy and help the people who have been hardest-hit." --Senate Demo
Leader Tom Daschle

News from the Swamp...

In the Executive Branch, in response to the Hamas-sponsored attacks in
Israel, Mr. Bush extended anti-terror actions against the
organization, freezing and seizing assets used to support the murder
of innocents: "Hamas openly claimed responsibility for this past
weekend's suicide attacks in Israel that killed 25 innocent people,
many of them teenagers, and wounded almost 200 other people. Hamas is
guilty of hundreds of other deaths over the years, and just in the
past 12 months, it killed two Americans." Mr. Bush also upped the
pressure on head Palestinian terrorist Yasser Arafat to switch sides:
"This is a moment where the advocates for peace in the Middle East
must rise up and fight terror. Chairman Arafat must do everything in
his power to find those who murdered innocent Israelis and bring them
to justice." The Federalist's preference, there as in Afghanistan, is
instead to bring justice to them.

Mr. Bush Wednesday tapped former Montana Gov. Marc Racicot as new
chairman of the Republican National Committee, citing his "fine
history of winning races. ...He knows how to build grassroots
organizations. He's gonna reach out to members of the labor unions and
the minorities, just like [the outgoing RNC chairman, Virginia Gov.]
Jim Gilmore did to continue to take our positive, optimistic message
to people that ... in all kinds of neighborhoods around the country."

In the House, Majority Leader Dick Armey expects the White House will
soon toughen up on Senate Democrats bent on derailing the President's
nominees and initiatives such as the economic-stimulus package. "The
president is a generous fellow, but he's also a man whose patience can
be drawn very thin. In my estimation, he is feeling, 'Enough already.
I have reached out, reached out, reached out, and you guys keep biting
the hand that reaches for you.' So I think he's ready to draw some
lines. Democrats do not see bipartisanship as a give-and-take
proposition. They see it as a take-and-take proposition. ...He's
beginning to understand how one-sided their interpretation of
bipartisanship is." Better late than never!

And Leftists in the Senate are not the only Clintonistas holding up
appointments. Chairman Mary Frances Berry of the U.S. Commission on
Civil Rights stated that she will not accept Mr. Bush's appointment of
conservative commission member Peter Kirsanow, a Cleveland lawyer and
former chairman of the Center for New Black Leadership -- unless
forced by federal marshals to seat him when the commission meets
Friday.  (Seating Kirsanow would create a 4-4 split on the commission,
thus hamstringing Berry's ability to control its decisions.)

The House Thursday voted 215-214 to give the president so-called
"trade promotion authority," formerly known as "fast track," to
conclude unamendable trade agreements with foreign nations. The
Constitution explicitly assigns Congress "the power ... to regulate
commerce with foreign nations," and no provision is granted for
Congress to transfer this authority to the executive branch -- unless
by specific constitutional amendment -- and certainly not by the
sleight of hand of simply voting to cede this power to executive
branch negotiators in agreements with foreign nations and beyond the
control of U.S. citizens.

The Federalist has long opposed all such extraconstitutional
reassignments of powers between and among the branches of government
-- and thus the rationale cited as TPA's chief benefit is the precise
reason we oppose it.

House Demo Leader Dick Gephardt, marking "World AIDS Day," declared
that more money will defeat the deadly virus: "...[W]e know how to
stop the spread of the virus. I am pleased that we will be providing
more resources to fight this war [on AIDS] in the budget bills that
are close to being completed in Congress, but those increases are not
enough. ...Just as the world is pulling together to do what it takes
to fight terrorism, we must be equally bold and do what it takes to
fight this pandemic."  Gephardt made no mention of personal
responsibility and sexual abstinence as a way of stopping the spread
of AIDS around the world.

In the Senate, the Judiciary Committee Thursday grilled Attorney
General John Ashcroft over Justice Department actions taken against
terrorist suspects and suspected terror accessories and supporters.
Sociocrats Ted Kennedy and Pat Leahy led the assault. It is no secret
that a major offensive in the newly revived spirit of partisanship in
the Swamp has been opened on Ashcroft, as the good AG is another one
of us "rascally" radical Christian conservatives so vilified by
Leftist Demogogues. For the record, while we have constitutional
concerns about the potential long-term incursions of the USA PATRIOT
Act on citizens' rights, we agree with friend of The Federalist Jonah
Goldberg who notes, "Wartime spies and war criminals get military
tribunals; why should al Qaeda's terrorists get better treatment?"
Certainly a formal congressional declaration of war would have made
these distinctions clearer....

In lighter news, the Senate Wednesday rose in a rare unanimous
standing ovation, honoring the 99th birthday of South Carolina Sen.
Strom Thurmond, who responded, "I love all of you men but you women
even more." Now we know how he made it to 99!

Judicial Benchmarks...

In the halls of justice on the right, the American Center for Law and
Justice (ACLJ) has reached settlement of a federal lawsuit with the
Marion, Massachusetts, school district, under an agreement permitting
a Christian organization to use school facilities after hours with
"equal access" provided to secular groups. The ACLJ represented Gary
Taylor, pastor of Marion's South Coast Community Church, against the
Marion School Committee after the Sippican School refused Pastor
Taylor use of the cafeteria and community room after hours for a
church meeting and a worship service. The school district had opened
its facilities for a variety of day care, recreation and meeting
purposes, but had an explicitly discriminatory building use policy
stating,  "[D]iscussions of subjects relating to religion doctrine
must be barred."

In the halls of injustice on the left, Illinois Judge Oliver M.
Spurlock of Cook County Circuit Court admitted using his chambers for
sexual trysts with a court reporter, while denying allegations he
sexually harassed four female prosecutors. The Illinois Courts
Commission ruled 4-2 that Spurlock had violated the state code of
judicial conduct, saying,
"His conduct was offensive to those individuals and an embarrassment
to the robe." Spurlock's attorney stated he will not appeal but will
leave the bench. Sounds like a Clinton appointee!

On the Left...

Rev. Al Sharpton, tuning his skills for a potential 2004 presidential
bid, cranked up the rhetoric even higher.  "We don't owe America
anything; America owes us," he yelled to 700 attendees at the State of
the Black World Conference in Georgia.

"We are in danger," Jesse Jackson told the audience. "The extreme
right wing has seized the government. Tonight, [Attorney General John]
Ashcroft and the CIA and the FBI and Homeland Security and the IRS can
work together, so look out. Because without a definition of who is a
terrorist, anyone can be.... Martin Luther King could have been ...
Malcolm X, the Black Panthers. The right-wing media, the FBI, they are
targeting our leadership." Jackson played the race card even more in
citing the importance of next year's elections: "If we can win in
2002, we can empower 40 of our black leaders. Maxine [Waters] becomes
a No. 1 congressional leader ... and we can put on trial the Ashcroft
contingent."

Taking the rhetoric to a new low, NAACP Chairman Julian Bond told
another gathering of malcontents: "[Attorney General John Ashcroft]
knows something about the Taliban, coming from as he does from that
wing of American politics. Even before Sept. 11, he had moved the
department to the far right, making it headquarters for the Federalist
Society."

We certainly hope so!

The Commissars...

Out Illinois way, Chicago Mayor Richard Daley and Cook County State's
Attorney Dick Devine attempted to vent their anti-firearms spleen by
impeding development of a world-class trap shooting facility in
southern Illinois. The prestigious Amateur Trapshooting Association
(ATA) announced earlier this year a plan to move its headquarters and
museum from Vandalia, Ohio, to a location near Sparta, Illinois. The
new 1,300-acre headquarters would include state-of-the-art
trapshooting, skeet shooting, and sporting clays facilities -- and
would host the renowned Grand American trapshooting tournament
beginning in 2004.

However, the ATA facility's operations required improvements to the
Illinois Firearm Owners Identification (FOID) Act allowing
out-of-state residents to purchase ammunition while taking part in
competitive events. Although Daley political allies made
unsubstantiated claims that implementing the proposed improvements
would lead to more crime and violence, the Illinois House voted 90-23
in favor of these simple changes to the FOID Act.

Regarding your IRS overpayment...

A pork-packed farm subsidy bill coming up in Congress could mean
higher milk prices for Americans. The Senate will soon consider a
1,000-page, $170 billion farm-spending bill -- including an amendment
establishing a price floor for milk that would result in a ten percent
(26 cents) increase in a gallon of milk. The Farm Security Act would
also increase farm subsidies by $69 billion, repeating payments to
rich farmers who receive tax money for farming (or, in some cases, for
not farming), such as Scottie Pippen, whose salary is $18.1 million,
and who has gotten $100,000 over the last five years for not planting
crops on his land in Arkansas; Ted Turner, who has gotten $176,077;
and Arkansas Democrat Marion Berry, who serves on the House
Agriculture Committee and has gotten $750,449.

>From the department of military readiness...

The Pentagon announced its third successful hit-to-kill missile
defense test on Monday. American Conservative Union's David Keene
noted its importance: Monday night's "U.S. missile test is part of
President Bush's stated goal of building a missile-defense shield to
protect against the launch of ballistic missiles from rogue nations,
such as North Korea, Iran, Iraq, Syria and terror groups who either
have weapons of mass destruction and can attack the United States, or
have the ability to produce or acquire them and the appropriate launch
capability."

>From the department of military correctness...

As The Federalist reported last week, a congressional move was on to
sacrifice Veterans Day for the convenience of politicos' elections.
Well, on Wednesday H.Res. 298, sponsored by Rep. Terry Lee, passed the
House unanimously (415 voting), "expressing the sense of the House of
Representatives that Veterans Day should continue to be observed on
November 11 and separate from any other Federal holiday or day for
Federal elections or national observances."

>From the states...

In the People's Republic of New York, Dr. Fran Levy, principal of the
Thomas Jefferson Magnet School of Humanities in Flushing, issued
teachers an edict encouraging display of a menorah and crescent and
star but discouraging display of a nativity scene in the school.
Catholic League President William Donohue replied, "Dr. Levy has set
her school up for a lawsuit.  It would be hard to find a more classic
demonstration of discrimination against Christians in a public school
anywhere in the nation."

And down Arkansas way, in an ingenious response to shrieks for state
tax increases to meet $142 million in projected red ink, Gov. Mike
Huckabee announced creation of the "Tax Me More Fund," for voluntary
contributions to the state general revenue fund, saying, "I'm as
serious as I can be. It's put up or shut up time. Either put up the
money, write the check and let us see you're serious or quit telling
me Arkansans want their taxes raised. Because, I'm convinced that
Arkansans would say today, 'my taxes are high enough'." The fund has
received a grand total of $250.

The "Dumb and Dumber" Department...

Sara Jane Olson, AKA Kathleen Soliah, a Symbionese Liberation Army
terrorist in the 1970s, pleaded guilty to possession of bombs with the
intent to murder police officers in 1975. Olson's lawyer, Tony Serra,
said she "bowed to a reality that ... her case, centered on terrorist
acts committed by the Symbionese Liberation Army, could be impossible
to win in the post-attack climate." Serra called his client, now a
convicted and self-admitted terrorist, "truly a victim of September
11."

As columnist Cal Thomas summed up: "The '60's -- that decade of
self-indulgent certainty in which many of the spoiled young thought
themselves morally superior to their parents' generation -- live on,
especially in California.... 'I pleaded guilty to something for which
I'm not guilty,' said [Sarah Jane] Olson. She said the recent
terrorist attacks and pro-government mood in the country had persuaded
her to accept a deal from prosecutors she had vowed never to accept.
'I'm still the same person I was then,' she said, referring to her
days of political activism. One of Olson's lawyers, Tony Serra,
engaged in legal hair-splitting: 'She will explain that she meant she
is not guilty of holding the bombs and planting then, but that she is
guilty of aiding and abetting. She is factually innocent, but there
was a legal basis for her guilt,' he stated. Come again?"

Culture comment...

Alaska Superior Court Judge Stephanie Joannides ruled against the
state ACLU's contention of discrimination in refusal of domestic
partner benefits to state employees' same-sex partners. The judge
patiently explained that same-sex partners fall into the same category
as unmarried male-female couples also denied taxpayer-paid benefits.
But why is such common sense so uncommon?

Faith Matters...

"Since Sept. 11, we have been at war," Alabama Supreme Court Chief
Justice Roy Moore told a Tennessee rally this week. "I submit to you
there is another war raging -- a war between good and evil, between
right and wrong. For 40 years, we have wandered in the wilderness like
the children of Israel. In homes and schools across our land, it's
time for Christians to take a stand." Then-Circuit Court Judge Moore
became a hero to The Federalist in 1997, when he defied a federal
court order to remove the Ten Commandments from his courtroom wall.
Overwhelmingly elected last year to his state's top judicial post, he
earlier this year placed in the Alabama Judicial Building rotunda a
monument displaying the Ten Commandments. Justice Moore told rally
attendees that those opposing the hanging of the Ten Commandments in
public buildings "are wrong" in asserting that the U.S. Constitution
calls for a separation of church and state, and noting that God has
been mentioned in judicial rulings and historical documents through
over 200 years of our nation's history.

Around the world...

In the Bonn, Germany, talks planning a post-Taliban future for
Afghanistan, negotiators for the four factions represented agreed on
Hamid Karzai of the Pashtuns as leader of an Afghan interim government
set to take power later this month. Ethnic Uzbeks have already
announced displeasure with the deal, citing their tribes' lack of
representation, which means international "peacekeepers" may not have
a peace to keep.

Stay tuned -- as this really may not be over, either in Afghanistan or
around the world! Islamic clerics in Malaysia are urging all Muslims
to rise up in jihad, participating directly in the fighting or
indirectly with financial support. Abdul Ghani Samsudin, head of the
Ulema Association of Malaysia, lectured, "Jihad in the form of
sacrificing one's life or material is required of all Muslims."

And last...

A footnote to the story of Bill Clinton's Lie-brary, which swept aside
an African-American historical landmark in Little Rock: Mr. Clinton's
papers and records will be kept in a former car dealership until
construction of the new facility is completed. Why does this seem so
fitting?

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