Judge Roy Bean gets a new life

The Supreme Court transformed federal criminal sentencing on Wednesday by restoring to judges much of the discretion that Congress took away nearly 20 years ago when it enacted sentencing guidelines and told judges to follow them.

The guidelines, intended to make sentences more uniform, should be treated as merely advisory to cure a constitutional deficiency in the system, the court held in an unusual two-part decision produced by two coalitions of justices.

[...]

From now on, Breyer said, writing for the majority in this portion of the decision, judges must consult the guidelines and "take them into account" in imposing sentences. But at the end of the day the guidelines will be advisory only, with sentences to be reviewed on appeal for "reasonableness."

article

I can only imagine the litigation over what is "reasonable". Maybe it's time to get that law degree. There should be plenty of work.

And I would expect that it will redirect some drug transport, as traffickers avoid states where judges hand out harsher sentences.

Let's see...what other types of activities will it affect?

Houston, we have a problem

Bush administration hard-liners have been considering launching selected military strikes at insurgent training camps in Syria and border-crossing points used by Islamist guerrillas to enter Iraq in an effort to bolster security for the upcoming elections, according to former and current administration officials.

Some former and serving U.S. intelligence officials who have usually been opposed to any expansion of U.S. military activities in the region are expressing support for such strikes.

Information Clearinghouse article

Perhaps that's more to do with another reason....

Syrian President Bashar al-Assad will travel to Russia on January 24 for talks with President Vladimir Putin, sources said, amid reports that he is shopping for a missile that can strike anywhere in Israel.

Turkish Press article

One former senior CIA official, usually an administration critic, said, "We should send a cruise missile into south-side Damascus and blow the Mukharbarat headquarters off the map. We should first make clear to them that they are the target."

But are the hawks likely to get their strikes?

Former CIA Syria expert, Martha Kessler doesn't think so. "I don't think the administration can afford to destabilize another country in the region," she said.

Kessler pointed out that Syria has tried, often in vain, to cooperate with the United States, only to be either snubbed or ignored.

According to Kesssler, Syria offered to station U.S. forces on its soil before the U.S. invasion of Iraq in March 2003. The Syrians have also opened their intelligence books that identify assets in Europe, including front companies, to the administration in an attempt to help track down al-Qaida.

But Kessler said a chief reason for not moving against Damascus is that any strikes would "destabilize Lebanon," where the Lebanese Hezbollah movement awaits orders from Iran before launching retaliations against Israeli attacks.

"Damascus is not the heartbeat of this Iraqi insurgent movement," she said.

However, one administration official said, "We have got one hell of a problem."

Information Clearinghouse article

Oh, we do, indeed.

Call for investigation of alleged violations of law in Fallujah attack

To prevent more harm, we should support: 1) a withdrawal of U.S. troops from Fallujah, allowing unrestricted access for independent relief agencies such as the Red Crescent; 2) an independent investigation into violations of international law in Fallujah, as called for by Louise Arbour, the United Nations High Commissioner for Human Rights on Nov. 16; and 3) a campaign to deny any further supplemental budget requests that may, in fact, fund war crimes.

Join us in working to make respect for individual and collective rights, as expressed in international law and the U.S. Constitution, a central theme of our community's relations with the rest of the world.

Jim McDermott, M.D., represents the 7th District in Congress. Richard Rapport, M.D., is in the neurological surgery department at Group Health. Other authors are 17 area doctors and medical professionals.

  Seattle Post-Intelligencer article

As you might imagine, Congressman McDermott is regularly charged with being a "traitor". Check out some of his other stands and maybe send him a supportive message.

To: Allies for Humanitarian Legal Action for Iraq
Please see Embargoed Press Statement, Petition, with Title page ADD. on Attachment.

Thank you for any help or advise to support this legal action to stop the massacre and breeches of Geneva Conventions in Falluja and elsewhere in Iraq. This petition, a legal complaint, is the beginning, emergency needed action. The hospital and medical aide petition is first emergency need and includes possible exposure to 'DU' weapons used on hospital and clinic bombing. The petition will also include soldiers who are suffering irreparable harm under order to commit these violations.

Los Angeles-based Humanitarian Law Project/International Educational Development (HLP/IED and San Francisco-based Association of Humanitarian Lawyers (AHL), who filed petition have solid evidence, including photos, of breeches of International Law that govern members of The Organization of American States, of which USA is a member.

Karen Parker JD, attorney for petitioners is the Humanitarian Lawyer who successfully sued the USA on behalf of the people of Grenada. She is the foremost International Legal Expert on Weaponry and Humanitarian law.

We believe this is the right action to take that can halt these atrocities and war crimes in Iraq.

Final Press Release Wording Attached and Letterhead which will be added for press copy.

[...]

We request our Trusted Congressional Representatives support to speak out to stop U.S. War Crimes and that Jay Inslee and Dennis Kucinich will be prepared to speak out. Congressman Jim McDermott's office is standing by to help.

There will be financial help needed for legal work. Emergency Filing expense was $5,000. paid out of AHL that was saved for 'DU' Petition. The 'DU' Petition will be $10,000. to file, should you know of any resources, emergency grants, etc., for help to aide needed legal actions.

  article

Petition submitted to the Inter-American Commission on Human Rights

God's appointee

I can tell you one reason why BubbleHead has to talk about his relationship with God so much...kings are God's representatives on earth.

"I fully understand that the job of the president is and must always be protecting the great right of people to worship or not worship as they see fit," Bush said.

"That's what distinguishes us from the Taliban. The greatest freedom we have or one of the greatest freedoms is the right to worship the way you see fit.

"On the other hand, I don't see how you can be president at least from my perspective, how you can be president, without a relationship with the Lord."

WaPo article

Well, then Bubbleboy, I don't think you do understand your job. Because, that would seem to say that anyone who didn't believe in "the Lord" could not be president of this country.

We can not worship, if we see fit. But we have to believe.

Bush has often said that he is a religious man who supports freedom of religion, but yesterday may be the first time he has so clearly suggested in his use of words that he harbors the feeling that these two principles are to some degree in conflict.

You don't use the "other hand" construction for two concepts that complement each other. And his suggestion that someone is not qualified to be president unless they are religious is sure to spark some further discussion.

Just did. Or, I guess, my blogoranting can't really be considered discussion. Anybody want to discuss?

"I think people attack me because they are fearful that I will then say that you're not equally as patriotic if you're not a religious person," Bush said. "I've never said that. I've never acted like that. I think that's just the way it is."

Say what?

Well, DoubleDumb, you've said it now, then, haven't you?

Bush also notes that he has the power of "the bully pulpit, which I use and like using, frankly."

We hadn't noticed.

Go on, admit all your character flaws.

Most of the time, Bush is not particularly forthcoming when he meets with reporters, preferring to take a defensive course in which he relies heavily on statements recycled from prepared scripts.

But it appears that he's a little more relaxed and loquacious when he talks to the Washington Times, the newspaper widely considered conservative in outlook and founded in 1982 by the Rev. Sun Myung Moon, a self-proclaimed messiah.

Self-proclaimed messiah and buddy to Poppy Bush.

ABC News's Note reports that Bush's next interview comes this afternoon, when he and the first lady sit down with Barbara Walters. It's Bush's first broadcast interview since the election, and will be on ABC's "20/20" on Friday.

I'm sorry I'm going to have to leave the watching of that to those with stronger stomachs.

...but hey, you do what you want...you will anyway.

Further on Sgt. Benderman

Background in previous post.

January 12, 2005

SAVANNAH, Ga. -- A Fort Stewart veteran of the 2003 invasion of Iraq refused to deploy for a second combat tour days after telling commanders he was seeking conscientious objector status.

[...]

Lt. Col. Cliff Kent, a Fort Stewart spokesman, said Benderman is considered absent without leave because he had orders to deploy to Iraq while the Army processed his conscientious objector claim. Kent says the Army has not decided whether to bring charges against Benderman.

News4Jax article

January 11, 2005

On Friday, January 7, 2005 Sergeant Kevin Benderman, stationed with the 2-7 Infantry Battalion at Ft. Stewart, Georgia, refused an order from the Command Sergeant Major of his unit Samuel Coston to deploy to Iraq and requested a General Courts-Martial.

[...]

The 2-7 Chaplain, Captain Matt Temple in a letter addressed to Benderman today stated that: "It is unfortunate that you have chosen the course of action you have taken. You should have had the moral fortitude to deploy with us and see me here in Kuwait to begin your CO application. To expect me to complete an interview with you within 48 hours of a major deployment was unreasonable and quite inconsiderate of my own time. I would have gladly helped you once we got here. As an NCO in the US ARMY, I expected a greater display of maturity from you. Furthermore, for you to have media personnel contacting me at my personal email address without first acquiring my permission was very unprofessional of you. You should be ashamed of the way you have conducted yourself. I certainly am ashamed of you. I hope you will see your misconduct as an opportunity to upgrade your character and moral behavior for your own good and the good of your fellowman." Benderman said the letter disgusted him, stating "Nothing in my career as a professional soldier has prepared me to respond to something like that letter from the Chaplain."

[...]

Benderman has also garnered the support of an American icon and war hero, Colonel James "Bo" Gritz, USA (Ret.), who profiled Benderman for three days running on his radio show "Freedom Call". Gritz has labeled previous charges by the Army in connection with Benderman’s refusal to deploy and statements to the press "ridiculous," savaging the officers of 2-7, Defense Secretary Donald Rumsfeld and President Bush on the air while calling Benderman "a hero" and his immediate superiors "weenies." One of the most decorated soldiers in U.S. Army history, Gritz led the only raid on a prisoner of war camp during the Vietnam War at Son Tay, North Vietnam.

On Monday afternoon, Benderman says he is still in the dark as to what the Army plans for him. "I have learned nothing from anyone in my chain of command informing me on the disposition of my case, despite my attempts to communicate with them. Perhaps tomorrow," he said.

[...]

In further developments this weekend, it has been confirmed that Specialist J.R. Burt and Specialist David Beals, also of 2-7 attempted suicide rather than deploy to Iraq, and an additional seventeen soldiers in 2-7 Infantry Battalion have gone AWOL for the same reason. Army sources who have been granted anonymity because they feared retaliation stated that both Burt and Beals are being harassed and mistreated on the Psychiatric Ward of Winn Army Hospital by unit commanders and a civilian, Dr. Capp who in apparent violation of state law is reported as informing them of the harsh punishments they may expect should they refuse deployment. In addition, SFC Johnson, 2-7 platoon sergeant for Spec. Beals reportedly told him recently "…when I get you to Iraq, I’m going to get you killed," in the presence of several witnesses who say this incident was a catalyst in Beals’ attempted suicide.

Axis of Logic article

More personal information, as well as Sgt. Benderman's statements and a message from his wife are available through links in the sidebar at Project for the Old American Century. (Scroll down to "Voice from the Military".)

Deep pockets

Michael Georgy of the Scotsman reports from Baghdad that interim Iraqi Prime Minister Iyad Allawi admitted on Tuesday that "pockets" of Iraq won't be able to vote on January 30 because of poor security. I suspect the pockets amount to about 3 million persons.

[...]

Jordan's ambassador to the US, Karim Kawar, is among the few officials in the region or in Washington to admit the truth: The January 30 elections in Iraq have no real validity. He estiamtes that 40% of the country won't be able to vote.

An election in which the names of the candidates in the various lists are still not known 18 days before the polls open is a sick joke, not an election. What could it possibly mean, to vote for anonymous politicians?

  Juan Cole post

We know about sick jokes passing for elections.

And hey, there were a number of Americans who claimed to be willing to vote for an anonymous politician rather than for Bush.

It's kind of interesting that the candidates are anonymous to avoid being killed by the guerillas. So, do they think the guerillas will leave them be once they have an office?

The elections are like all the other Wizard of Oz spectacles put on by the Bush administration in Iraq since April 9, 2003 -- the appointment of Garner, the appointment of Bremer, the appointment of an Interim Governing Council, the capture of Saddam, the "transition to sovereignty," etc., etc. Each of these was supposed to be some magical turning point and the beginning of sunshine and rainbows, and instead the situation has deteriorated every single month for the past nearly two years.

POAC graphic

NSPD 28

I think that I’ve discovered a previously undisclosed National Security Presidential Directive (NSPD) relating to nuclear weapons.

Moreover, I worry that it lays the groundwork to build new nuclear weapons and resume nuclear testing.

The source? National Nuclear Security Agency (NNSA) Policy Planning Director John Harvey’s biography! Prepared for a recent CISAC conference, Harvey’s biography lists his role as “point for NNSA “¦ on the drafting and implementation of National Security Presidential Directive (NSPD)-28 on Nuclear Weapons Command, Control, Safety, and Security.”

I’ve never seen another reference to NSPD 28. Steven Aftergood doesn’t have it on his comprehensive list of NSPDs. [He just put it up, with a very generous link to ACW.]

The directive must have been signed sometime between June 2003-April 2004. That would exclude the classified stockpile plan reduction plan which, again according to John Harvey, was signed in May 2004.

So, what’s in it?

Continue reading NSPD 28 at Arms Control Wonk.

I'm assuming it would be something directing the development and testing of "mini nukes".

No Pundit Left Behind

If anyone is interested in ferreting out other Armstrong Williamses whom the WH is pimping, please see this post at Daily Kos.

Pass it on.

Social Insecurity

I keep avoiding the subject. If you want someone who is fixated on it and will answer pretty much any conceivable question you have, I hope you are reading Talking Points Memo. Or Jonathan Schwartz provides a number of links to explanations.


I'll take up the issue of what "young people" think about the SS fiasco for a short post here, though, because I've just read a couple of posts on the subject from those two sources. The first is from Josh Marshall at TPM:

Do reporters respond when the president tells flagrant lies?

(No, it's not a trick question.)

Today the president said: "Most younger people in America think they'll never see a dime [from Social Security]. Probably an exaggeration to a certain extent. But a lot of people who are young, who understand how Social Security works, really do wonder whether they'll see anything."

[...]

So here, for instance, he states that young people think they'll never collect Social Security benefits. Then he says that's "probably an exaggeration to a certain extent." And then he goes on to say that it's precisely the young people who are knowledgable about Social Security who think this. The clear implication, the meaning he intends to convey, is that this dire prediction is at least more true than not, when in fact, as we've noted, to the extent we can know anything about the future, it's not even close to being true.

The other is from Jonathan Schwartz at A Tiny Revolution:

In any discussion about Social Security, you constantly hear about a 1995 poll finding that more 18-34 year-olds believed in UFOs than believed Social Security would exist when they retired. This is always brandished as proof that we have to do something about Social Security.

I agree completely -- the ultimate arbiter of all public policy must be what 18-34 year-olds believe.

Therefore:

We must immediately start preparing our defenses against UFO attack!!!!!

WE CANNOT WAIT A SECOND LONGER TO DEAL WITH THE UFO CRISIS!!!!!!!!!

Dude, relax. I'm sure it's in our Star Wars plan somewhere.

Bush Dynasty

There's a personal risk, too, for Bush if he picks the ''Salvador option.'' He could become an American version of Chilean dictator Augusto Pinochet or Guatemala's Efrain Rios Montt, leaders who turned loose their security forces to commit assassinations, ''disappear'' opponents and torture captives.

Like the policy that George W. Bush is now considering, Pinochet even sponsored his own international ''death squad'' - known as Operation Condor - that hunted down political opponents around the world. One of those attacks in September 1976 blew up a car carrying Chilean dissident Orlando Letelier as he drove through Washington D.C. with two American associates. Letelier and co-worker Ronni Moffitt were killed.

With the help of American friends in high places, the two former dictators have fended off prison until now. However, Pinochet and Rios Montt have become pariahs who are facing legal proceedings aimed at finally holding them accountable for their atrocities. [For more on George H.W. Bush's protection of Pinochet, see Parry's Secrecy & Privilege.]

One way for George W. Bush to avert that kind of trouble is to make sure his political allies remain in power even after his second term ends in January 2009. In his case, that might be achievable by promoting his brother Jeb for president in 2008, thus guaranteeing that any incriminating documents stay under wraps.

President George W. Bush's dispatching Florida Gov. Jeb Bush to inspect the tsunami damage in Asia started political speculation that one of the reasons was to burnish Jeb's international credentials in a setting where his personal empathy would be on display.

  Consortium News article

Please.

The Armstrong Williams WH payola story

This isn't just a story about a self-serving pundit "entrepreneur," or the erosion of public trust in the media, or hypocrisy, or using covert propaganda to sell controversial Bush programs like Medicare reform and NCLB, or the misuse of taxpayer dollars, or the undermining of the American people's trust in the public sector.

It is the story of the conservative movement and its well-oiled marketing machine; a packaging and distribution system of ideas that has been shaping American public opinion for more than a quarter century. It is also one of the most important stories behind the 2004 election.

[...]

While the leaders of the conservative movement like to boast that the power of their movement lies in the power of its ideas, the ideas of today's conservative movement are the same old failed policies from years gone by, spit-shined and with user-friendly names. The power of the conservative movement is not in its ideas, rather it is in the marketing of these ideas, primarily through effective packaging, promotion and distribution.

Read: The Conservative Marketing Machine

For all the truth in this and other articles about "the left" needing to get good and slick in the advertising department in order to reach the other half of America, I don't think I'd like living in that version, either. A country where people are willing to remain ignorant and be manipulated by slick promos and feel-good slogans? Where the "ideas" don't count - just the packaging? No thanks. I'm looking for a place where people want to understand what's really happening to them and to the rest of the world in their name.

Meanwhile in Iraq

Dahr Jamail reports.

During my last trip I interviewed several IP’s [Ed.: Iraqi Police] who complained of lack of weapons, radios and vehicles from the occupation forces. Their complaints were centered on the fact that the resistance had better weapons than the police.

Later in my room we watched a press conference on the television with the so-called interim prime minister Iyad Allawi. A journalist asked him if it was true that the cell phone service would be cut on the 15th of this month because of the upcoming “elections.”

He dodged the question…deferring it to the ministry of defense.

[...]

Of course the gas crisis continues to worsen. Most of the stations in Baghdad are closed. Rather than cars filling their tanks, strands of razor wire and empty fuel tanker trucks sit in many of them.

[...]

Iraqis are reminded daily of the 70% unemployment with the gas shortage driving the costs of everything through the roof. Even petrol is 1000 Iraq Dinars (ID) per liter on the black market, which unless you are willing to endure 12-24 hours waiting in a line, is the only way to get your tank filled.

When I was in Iraq one month ago it was 300 ID per liter. Imagine what you would do if in your country you had 70% unemployment, were without a job, and the cost of fuel rose 333% in one month, thus driving the costs of everything from food to heating oil up?

Speaking of the gas crisis, this morning a pipeline between Kirkuk and the Beji refinery was exploded, and several lines southwest of Kirkuk were also destroyed.

[...]

Keep in mind that Yusufiyah, just south of Baghdad and in the “triangle of death” was recently the scene of large scale US/UK military operations to rid the area of resistance fighters. Looks like those operations were about as successful as Fallujah, where fighting also continues on a near daily basis.

Full post.

Maybe Kerik was just the decoy

Direland has some more information on our likely new Fatherland Director, and it ain't pretty.