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Title: THE FEDERALIST







10 October 2003
Federalist No. 03-41
Friday Digest

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FEDERALIST PERSPECTIVE

Top of the fold...

Last week, CIA adviser and head of the Iraq Survey Group David Kay offered his interim report to Congress on his team's three-month-old search for evidence of Iraqi weapons of mass destruction. The report states, "Iraq's WMD programs spanned more than two decades, involved thousands of people, billions of dollars, and was elaborately shielded by security and deception operations that continued even beyond the end of Operation Iraqi Freedom. ... [Saddam had] dozens of WMD-related program activities and significant amounts of equipment that Iraq concealed from the United Nations during the inspections that began in late 2002. The discovery of these deliberate concealment efforts have come about both through the admissions of Iraqi scientists and officials concerning information they deliberately withheld and through physical evidence of equipment and activities that ISG has discovered that should have been declared to the UN."

President Bush made it plain to the United Nations a year ago that his principal concern in a post-September 11 world was not merely that a rogue regime such as Saddam Hussein's had WMD programs, but that such horrific weapons could find their way out of Iraq into the hands of surrogate terrorists.

The U.S. inspection team has uncovered significant evidence of chemical- and biological-weapons programs, and even more extensive evidence of Iraq's missile program -- all banned under UN resolutions. Kay reported Saddam's Iraq to have been in violation of UN sanctions in at least nine separate covert programs. The inspectors also found evidence of chemical- and biological-weapons testing on humans. This preliminary report -- after only three months of investigation -- stands in stark contrast to 12 years of failed United Nations weapons inspections; a failure culminating in the UN Security Council's weak-kneed acquiescence to Saddam.

National Security Director Condoleezza Rice concludes that if the UNSC had known what Kay's preliminary report shows, they would have supported military action against Saddam Hussein. "Had any one of these examples been discovered last winter, the Security Council would have had to meet. And I believe that they would have had no choice but to take exactly the course that President Bush followed," said Dr. Rice. "Right up until the end, Saddam Hussein continued to torture and oppress his people. Right up until the end, Saddam Hussein lied to the Security Council. ... And let there be no mistake, right up to the end, Saddam Hussein continued to harbor ambitions to threaten the world with weapons of mass destruction and to hide his illegal weapons activities."

The ISG interim report confirms Iraq had weapons programs, but it did not confirm where those weapons are -- particularly his nuclear and biological stores. Of course, as we have noted before, absence of evidence is not evidence of absence. The question is not whether Saddam had nuke and bio WMD, but where he hid them during the months when the French were sticking their thumb in America's eye to stall military action against Saddam's rogue regime.

Despite ranting from Leftist political hacks and their media minions, finding and destroying these WMD stores has nothing to do with political expedience. Rather, it has everything to do with the likelihood that what we don't find today will visit our shores in a most terrible way tomorrow.

There is a substantial body of intelligence, as The Federalist reported in November of '02, that Iraq shipped some or all of its biological and nuclear WMD stores to Syria and Lebanon's heavily fortified Bekaa Valley.

Indeed, additional intelligence this week indicates Syria is active in the production of biological and chemical weapons -- quite possibly taking up where Saddam left off. An opponent to the ousting of Iraq's Ba'athists, Syria's foreign minister, Farouk al-Sharaa, made his country's position clear, saying, "Syria's interest is to see the invaders defeated in Iraq." Even more alarming, Damascus is pursuing a nuclear weapons program as well, under the guise of nuclear-energy development. The Syrians are conducting their nuclear R&D with contracted Russian aid...the precise pattern already observed in Iran.

Of course, Ted Kennedy and company would not acknowledge Saddam's WMD program if he personally detonated a nuke under their Franco derrières.

In a strategic move to accelerate the democratization and reconstruction of Iraq, President Bush this week named NSA Rice to head the newly formed "Iraq Stabilization Group." The administration hopes the group, under Rice's leadership, will serve a sort of "traffic cop" function by coordinating operations between the different civilian and military agencies already at work in the region. In addition, the group is expected to eliminate much of the red tape separating requests to Washington from needs in Iraq. The White House emphasized that Dr. Rice's new role will not compete with that of Iraqi interim administrator L. Paul Bremer, but will bolster and support his reconstruction work. Specifically, the work of Dr. Rice's team will be divided into four areas: counterterrorism, economics, communications and politics.

It is also hoped that the new post will help assuage concerns in Congress over the reconstruction process and lead to a speedy approval of the President's latest request of $21 billion in additional reconstruction funding.

Meanwhile, the Bush administration is cooling to the idea of seeking UN approval and support for the rebuilding of Iraq after a revised proposal was met with skepticism from Secretary General Kofi Annan and other members of the UNSC. The striking contrast between recent NATO cooperation and UN obstructionism in the wars aftermath may point to a viable future for multilateral, "coalition of the willing"-style, security operations.

As progress continues along the diplomatic, governmental, reconstruction and economic fronts, The Federalist reminds its readers that the democratization of the Middle East is in the vital national security interest of the United States and the Western world.


Quote of the week...

"The deadly combination of outlaw regimes, terror networks and weapons of mass murder is a peril that cannot be ignored or wished away." --President George W. Bush

On cross-examination...

"I keep hearing in the press that the United States is going it alone -- what a funny thing to say. We have 32 countries working with us in Iraq. Eleven of our 19 NATO nations have forces in Iraq today. NATO is assisting Poland as it prepares to lead a multinational division in south-central Iraq, comprising forces from 17 different nations in that one division." -- Defense Secretary Donald H. Rumsfeld

Open query...

"Those who question the wisdom of removing Saddam Hussein from power, and liberating Iraq, should ask themselves: 'How long should Saddam Hussein have been allowed to torture the Iraqi people? How long should Saddam Hussein have been allowed to remain the greatest source of instability in one of the world's most vital regions? How long should Saddam Hussein have been allowed to provide support and safe-haven to terrorists? How long should Saddam Hussein have been allowed to defy the world's just demand to disarm? How long should the world have closed its eyes to the threat that was Saddam Hussein? Let us be clear: those were the alternatives to action." --NSA Condoleezza Rice


News from the Swamp...

In the Executive Branch, presidential senior advisor Karl Rove is still roasting in the Leftmedia's cooked-up brouhaha this week, accused of leaking information that former Clintonista ambassador Joseph Wilson's wife is a CIA "operative." (It’s worth noting that our sources at Langley insist Valerie Plame Wilson is nothing more than an analyst -- the dime-a-dozen variety -- at the agency's directorate of operations.) Mr. Rove was accused by Joe Wilson himself, who recently noted, "Neo-conservatives and religious conservatives have hijacked [the Bush] administration, and I consider myself on a personal mission to destroy both."

The charges prompted the CIA's general counsel to ask the Justice Department to open an inquiry. Unfortunately for the Demo-gogues, they let the independent counsel law expire in 1999.

Leading the political charge is New York Sen. Chuck Schumer, who called the leak "dastardly," and spluttered on – with a straight face, no less – as to the “many serious allegations that this is at the highest level of the White House." We remind our readers that this is the same Chuck Schumer who complimented Bill Clinton in 2000 for vetoing a measure to increase penalties for those convicted of disseminating classified information. Friend of The Federalist Rich Galen notes, "Any time Democratic Senator Chuck Schumer is the lead dog for the Democrats, you want to watch where you step."

The whole flap got legs, however belatedly, after Robert Novak mentioned Wilson in a July column. Mr. Novak has said since, "Nobody in the Bush administration called me to leak this," and that he got the information directly from the CIA. Novak mentioned Ms. Wilson's position in an effort to explain the administration's baffling decision to use this Clintonista to investigate reports that Iraq had sought weapons-grade uranium from Niger. It appears that Ms. Wilson nominated her husband for the CIA task.

No word yet on whether Mr. Wilson violated any oath of secrecy or confidentiality regarding this assignment, since he is now blathering freely about his role in that investigation.

On Capitol Hill, the House passed legislation outlawing the horrendous infanticide practice of partial-birth abortion late last week. President Bush noted the occasion: "I applaud the House for passing the ban on partial-birth abortion so soon after the Congressional conferees completed their work. Today's action is an important step that will help us continue to build a culture of life in America. I look forward to the Senate passing this legislation so that I can sign this very important bill into law."

The bill now goes to the Senate, where, ironically, three-year old Samuel Armas joined his parents last week testifying about advances in fetal surgery. You may recall, Samuel was only 21 weeks in his mother's womb when he underwent corrective micro-surgery for spina bifida. (If you have not seen these incredible photographs, link to -- http://federalist.com/news/imagodei.html ). When asked if he had anything to say, Samuel responded, "They fixed my boo-boo." Senator Sam Brownback added, "There is little debate about whether the child in utero is alive; the debate is over whether or not the child is a life worthy of protection."

In other House news, conservatives lost another round in the fight to reform Medicare this week, outgunned on a "means-testing" provision that would exclude wealthy seniors from prescription drug coverage. The measure, voted down 234-161, had no chance of passage and served only as a symbolic gesture to conservative constituents.


On the Homeland Security front...

In the wake of the September 11, 2001, terrorist attacks against the World Trade Center and the Pentagon, the U.S. Congress, at the urging of the Bush administration, overwhelmingly passed legislation known as the 2001 USA PATRIOT Act. The act, standing for "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism," was primarily intended to provide law-enforcement agencies with a legally defined mandate to preempt and respond to real and potential terrorist threats against the United States. However, since passage of the 340-page PATRIOT Act, opponents from across the political spectrum have voiced serious complaints over its nature and scope. To date, some 165 communities around the country have passed resolutions either condemning the PATRIOT Act or seeking to restrict its application.

After months of thoughtful review, The Federalist offers its readers a concise yet comprehensive analysis of the 2001 USA PATRIOT Act. Link to -- http://federalist.com/patriotact.asp (If the proposed 2003 Act revisions are passed, we will update this review.)

A literary footnote: The Federalist is not at all impressed with the acronym for this particular piece of legislation. As with the administration's stupefying decree naming 9/11 "Patriot Day" (there is already a "Patriots Day" commemorating the "shot heard 'round the world" at Concord's North Bridge on April 19th, 1775), somebody needs to open a history book, get a feel for the meaning of "patriot," and put an end to the cutesy wordplay.


From the "Department of Military Readiness"...

Pressure continues to mount for U.S. military reservists, 169,000 of whom are now in active service, many on extended tours of duty in Iraq, Afghanistan and elsewhere. "Weekend warrior is dead," said Lt. Gen. H. Steven Blum, chief of the National Guard Bureau in charge of all reserve forces. "The National Guard is and will continue to be used at a rate that is unprecedented...." Reserve forces called to active duty are expected to remain above 100,000 for the next two years, at least. Any new theater of operations in the war on terrorism, however, would clearly affect that prediction.


Judicial Benchmarks...

In the halls of justice on the right, the Supreme Court opened its new term this week with the rejection of excessive punitive awards in tobacco and accident settlements. The decision releases Philip Morris USA from a $79.5-million punitive payment, setting an important precedent in defining the constitutionality of such judgments. The court made its ruling on the grounds that excessive punitive awards violate the Constitution's guarantee of due process.

Meanwhile, the high court's opening session was marked with hundreds gathered in protest of the recent 6-3 ruling against Texas' anti-sodomy law, as well as the court's refusal to intervene in a lower-court ruling against Alabama's Ten Commandments display.

In other news from the courts, a federal appeals court has allowed the Federal Trade Commission to implement its do-not-call list pending appeal of the program designed to curtail telemarketers. As The Federalist has previously noted, the do-not-call list should be allowed to stand, as the regulation of interstate commerce is reserved to the federal government. The appeal of a lower-court ruling against the law, calling the measure a violation of free speech, is scheduled for November 10.

From the Leftjudiciary, federal prosecutors have been forced to appeal to the U.S. 4th Circuit Court in Richmond in the case of accused September 11 conspirator and admitted al-Qa'ida member Zacarias Moussaoui. Judge Leonie Brinkema, overseeing the case, excluded the death penalty for Moussaoui when federal prosecutors ignored the court's decision to give the accused access to three al-Qa'ida detainees at Camp X-ray, Guantanamo Bay. The prosecution argues that to give Moussaoui such access would undermine ongoing interrogations and subvert efforts in the war on terrorism. If the court decision is upheld on appeal, the government will likely turn the case over to a military tribunal.

From the "Court Jesters" File, remember the "fat suit" from earlier this year? (No, we haven't been rummaging around in Teddy Kennedy’s closet.) U.S. District Judge Robert Sweet once again tossed out a revisited class-action suit charging McDonald's with making its customers fat, amazingly citing the commonsense view that "it is not the place of the law to protect ...[people] from their own excesses." (Here at The Federalist, our medical experts insist that the most destructive type of fat is the adipose tissue found between the ears of Left-legal trial lawyers.)


The BIG lie...

This week's "Julius and Ethel Klinton" Award: "Let's make it absolutely clear that California is not going to be stampeded by the same right-wingers that gave us the election in Florida and are trying to do things that are really against our interest." --Sen. Ms. Hillary Rodham-Clinton-Rodham, stumping -- in vain -- for ousted Goober Gray Davis
Editor's Note: OK, granted, the election of political centrist Arnold Schwarzenegger does not exactly constitute a "right-wing stampede," so perhaps the old mare is right....

This week's "Braying Jackass" award: Of Teddy Kennedy's recent inebriated rantings about Operation Iraqi Freedom, Rev. Al “ShysterSharpton told the Congressional Black Caucus, "This is the Kennedy tradition. We stand with you. You have nothing to apologize for."


On the Left...

This week, Democrat presidential candidate and fired NATO Supreme Commander General Weasely Klinton Clark formally became...a Democrat, three weeks after announcing his candidacy for the Party’s presidential nomination. Clark’s gaffe was discovered last week, despite his September 27 interview with the Manchester Union Leader in which he claimed to have already registered. Campaign spokesman Kym Spell (we like to call her "Miss Spell") said that Clark "is a Democrat and he has talked of his Democratic credentials a lot in the last several weeks." Recent weeks? Apparently. Clark, to his credit, has a history of voting for Republican presidents, including Richard Nixon and Ronald Reagan.

In 2001, Clark told a Lincoln Day (Republican) audience, "I'm very glad we've got the great team in office, men like Colin Powell, Don Rumsfeld, Dick Cheney, Condoleezza Rice... people I know very well -- our president George W. Bush. We need them there. ... We were really helped when President Ronald Reagan came in. I remember non-commissioned officers who were going to retire and they re-enlisted because they believed in President Reagan. He helped our country win the Cold War. He put it behind us in a way no one ever believed would be possible. He was truly a great American leader. And those of us in the Armed Forces loved him, respected him, and tremendously admired him for his great leadership."

The word "mole" comes to mind, but more accurate would be this assessment of Clark by his colleague, Lt. Gen. Paul Funk: "The all important moral force just wasn't there when he was in command. His greatest asset was the ability to sort out which way the wind was blowing."

In related news, Demo-contender Bob Graham announced his exit from the primary race: "I'm leaving because I have made the judgment that I cannot be elected president of the United States." How astute! Nonetheless, his miss the mind-numbing dullness that Graham brought to the Demo primary race.


From the "Non Compos Mentis" Files...

On November 7, George H.W. Bush, that's Bush(41), father of Bush(43) as you may recall, will personally present the 2003 George Bush Award for Excellence in Public Service to -- Sen. Edward Kennedy (D-Bushwhack), the first American to receive the award. In announcing the award, the Bush Presidential Foundation noted Ted Kennedy, after 41 years in the Senate, has "consistently and courageously fought for his principles ... his commitment to excellence in public policy and his devotion to public service serve as an inspiration to all Americans." Well -- that's certainly more than we can say for the guy presenting the award!

This is the same Teddy Kennedy who is constantly chastising Bush(43) for his policy in Iraq, claiming, "There was no imminent threat [in Iraq]. This was made up in Texas, announced in January to the Republican leadership that war was going to take place and was going to be good politically. The whole thing was a fraud." He characterized David Kay's report on Saddam's WMD as "an insult to our troops," adding, "the tragedy is that our troops are paying with their lives because their commander-in-chief let them down."

That notwithstanding, Bush Presidential Foundation spokesman Penrod Thornton said that Mr. Kennedy is indeed the "appropriate" winner. Mr. Bush(41), it’s worth noting, has sole discretion as to who receives the award.


Around the nation...

From the states, perhaps you've already heard that ten million voters showed up for the Kah-lee-for-knee-ah Goober-natorial recall. Almost 65% of them opted to give Gray Davis the gate, thereby clearing the way for now-Gov. Arnold Schwarzenegger. Ahh-nold, in fact, won by a wide margin, even with conservative Republican Tom McClintock -- our candidate -- remaining on the ballot. As much as the result itself, these numbers indicate serious discontent in a powerful state long dominated by the Left. Due to Demo ineptitude in office and mudslinging in the election, California has suddenly become a swing state in next year’s presidential election -- one the DNC will have to fight to retain. Governor-elect Arnold will bolster GOP hopes for the state all the more if he can show himself a true fiscal conservative and erase any of the state’s $38-billion deficit between now and November 2004.

Our favorite quotes from the week: "I've always trusted the voters of California, and I know they are going to do the right thing." --Former California Gov. Gray Davis after casting his ballot in Tuesday's recall election ++ "I may not be going across the hall to the Governor's Office, but I'm not going anywhere." --Lt. Gov. Cruz Bustamante ++ "Major funding by Anheuser-Busch." --Tag line on a message from Albert Arnold Gore in support of Gray Davis. ++ "He is extraordinarily enthusiastic, wants to get cracking, wants to do the job." --Senator Dianne Feinstein, on Arnold Schwarzenegger. **With friends like Dianne...

Naturally, Democrats have vowed to take the election results before the courts in an effort to have them rendered "null and void."


In economic news...

The Wall Street Journal reported Thursday, "A year to the day after major indexes hit their bear-market lows [DJI at 7286 and NASDAQ at 1330], Wall Street was looking a lot more jubilant. Investors bid stocks to new highs [DJI at 9680 and NASDAQ at 1912] amid a wealth of encouraging news about the jobs market, retail sales and earnings." Indeed, new jobs reached a seven-month high, unemployment claims reached an eight-month low, and inflation is now lower than at any time since 1962. Of course, none of this good news seems to have reached Leftmedia portals.


In faith matters...

A national conference of conservative Episcopal leaders -- 2,200 in all, including 45 of the sect's 300 Bishops and 729 priests -- met this week in Dallas to discuss how Episcopal churches and laity across the nation can effectively respond to the apostasy at the ECUSA triennial convention in August. Pittsburgh Diocesan Bishop Robert Duncan addressed the American Anglican Council sponsored gathering, noting that if next week's gathering of Anglican primates called by Archbishop of Canterbury Rowan Williams fails to condemn the election of a homosexual bishop in New Hampshire, the result will be a schism affecting the "whole fabric of the Anglican Communion." Indeed, the actions by the American church have caused much consternation among the 70-million-member World Anglican Communion.

ECUSA Presiding Bishop Frank Griswold said last week that the Bible does not condemn homosexual acts. "Discreet acts of homosexuality" were condemned only because they involved lust instead of the "love, forgiveness and grace" of homosexual relationships, explained Griswold, apparently relying on his NIGLV (New International Gay and Lesbian Version) translation. "Homosexuality, as we understand it as an orientation, is not mentioned in the Bible. I think the confirmation of the bishop of New Hampshire is acknowledging what is already a reality in the life of the church and the larger society of which we are a part."

In every authentic translation of the Aramaic, Hebrew and Greek Old and New Testament Scriptures, homosexual acts are, indeed, explicitly condemned. However, pedophilia is not specifically mentioned. If Griswold, et al., can get away with denying what is plainly written in Scripture, it will be interesting to see what the next Episcopal Triennial Convention can do with what is NOT actually written in the Bible.... (For a thorough exposition on this subject link to -- http://federalist.com/papers/03-32_paper.asp )


On the frontiers of science...

We are shocked -- SHOCKED -- to report that a comprehensive review of "gun-control" laws across the nation, including the Left's darling mandatory waiting periods and bans on certain so-called "assault weapons" -- found no proof any of the laws or restrictions reduce crimes committed with firearms. The study, conducted by a Centers for Disease Control scientific review task force, evaluated 51 published research reports on various gun-control measures, and found "insufficient evidence to determine effectiveness." In other words, there is no evidence such laws and regulations reduce crime.

The Federalist has opposed all gun-control laws on the basis that they are nothing more than political fodder the Left has used to undermine the Second Amendment, the "palladium of rights," as Supreme Court Justice Joseph Story once so eloquently described it. We stand by that opposition.


And last...

Speaking of crime, the New York Times informs this week that "a growing number of legal and medical experts are warning that the apparent tranquillity of a lethal injection may be deceptive [and] the standard method of executing people in most states could lead to paralysis that masks intense distress, leaving a wide-awake inmate unable to speak or cry out as he slowly suffocates." While The Federalist is vigilant about the potential abuse of the state as executioner, we note that the "Gray Lady" offered not a word on the suffering of the tortured, raped and murdered victims of these convicted sociopaths.

Lex et Libertas -- Semper Vigilo, Paratus, et Fidelis! Mark Alexander, Publisher, for the editors and staff. (Please pray on this day, and every day, for our Patriot Armed Forces standing in harm's way around the world in defense of our liberty, and for the families awaiting their safe return.)

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