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BULLETIN
Monday, 9 February 2004

Pakistan's Dr. Strangelove
Why did Musharraf pardon Abdul Qadeer Khan?
BY IRFAN HUSAIN
Sunday, February 8, 2004 12:01 a.m. EST
Gen. Pervez Musharraf is caught between a rock and a hard place following the recent televised confession by Abdul Qadeer Khan, Pakistan's former chief nuclear scientist, of his role in illegally disclosing weapons secrets to Iran, Libya and North Korea.
The beleaguered Pakistani president--who recently survived two assassination attempts--has to balance international concern about Khan's actions with the wrath of religious groups and nationalists of every stripe within Pakistan, where the nuclear program enjoys widespread support. That explains, in part, his decision last week to pardon the errant scientist. Even Mr. Khan's unprecedented confession has not reduced his iconic stature in the eyes of ordinary Pakistanis. Many believe that he is being made a scapegoat for successive governments and army administrations that have been party to the export of nuclear technology.
Pressure on Gen. Musharraf came from Qazi Hussain Ahmed--the head of the largest religious party, Jamaat-e-Islami, a key part of the coalition that recently gave the president a crucial vote of confidence in the National Assembly--who has demanded that no action be taken against Khan "irrespective of anything he might have done." Mr. Ahmed has threatened to launch a nationwide movement against the government if Khan is further "humiliated." That sentiment has been widely echoed in newspaper editorials throughout Pakistan in recent days.
Gen. Musharraf's hands are also tied by other considerations. Most observers dismiss official claims of the army being unaware of Khan's free-lance marketing of nuclear secrets. That means if the scientist were put on trial, he could well take down some major military figures with him. There are already unconfirmed reports that Khan has taken out insurance against being forced to stand trial by sending documents detailing the army's involvement in illicit nuclear trafficking to his daughter in London.
Pakistan's journey to its present nuclear status has been long and arduous. After India exploded what it called a "peaceful nuclear device" in 1974, Zulfiqar Ali Bhutto, then Pakistan's prime minister, vowed that his nation would also develop a bomb, even if it meant Pakistanis "had to eat grass" in order to do so. And he turned to Khan, then a metallurgist at Urenco, a consortium of European nations involved in atomic research based in Holland, to head the task.
Khan brought with him stolen designs for centrifuges used to enrich uranium and began work at the Kahuta laboratories 12 miles outside Islamabad. These facilities were later renamed the Khan Research Laboratories in honor of the man who had become known as the "father of the Pakistani bomb." And when Pakistan tested five atomic devices in May 1998, in response to Indian tests a fortnight earlier, Khan and his colleagues became national heroes.
Khan's aura of invincibility only began to crack in late 2002, in the run-up to the Gulf War. A dossier of documents--supplied by Baghdad to the U.N. in response to Security Council resolution No. 1441--included a memo from an Iraqi secret agent in Dubai reporting that he had been approached by a person purporting to represent Khan, and offering to sell nuclear secrets. However the Pakistan government dismissed this with its usual knee-jerk denial.
Then last year, Khan's secret contacts with North Korea began to emerge, including a report that he visited Pyongyang 19 times between 1997 and 2002. And matters were brought to a head over the past few months when both Libya and Iran informed the International Atomic Energy Authority that their embryonic nuclear programs had been helped by Pakistani scientists. Faced with these embarrassing facts, Gen. Musharraf had no choice but to order an investigation.
At least two of Khan's colleagues are reported also to have confessed to having parted with nuclear secrets to foreign governments. That would seem to make it an open-and-shut case. But in Pakistan, things are seldom as they appear, especially when it comes to a program in which the military has been so heavily involved, right from its inception. So strong was the military control that civilian prime ministers, such as Benazir Bhutto and Nawaz Sharif, were kept out of the loop and even denied access to the facilities at Kahuta.
That makes it almost certain that Gen. Musharraf will opt for a way out that allows him to appear to have punished the erring scientists, while not being forced to make the army's involvement public. Khan's presidential pardon indicates the pursuit of that option. There will be next, one might predict, a move to strip the scientists of their ill-gained assets and to keep them under loose house arrest--so restricting, also, their access to the press. That would enable him to tell Khan's many supporters that, in view of the scientist's contribution to Pakistan's security, he has resisted the international community's demand for a public trial that would demean him and the nation.
Gen. Musharraf is in a daunting position as he tries to balance domestic fury with legitimate international concerns. But since the West needs his help in its war against terror--not to mention getting to the bottom of all nuclear proliferation of Pakistani origin--the chances remain high that both he and Khan will save face and walk away from this sordid drama.
Mr. Husain, a former civil servant in Pakistan, is a columnist for two Pakistani newspapers, Dawn and the Daily Times.
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washingtonpost.com
At Least 7 Nations Tied To Pakistani Nuclear Ring
By Peter Slevin, John Lancaster and Kamran Khan
Washington Post Staff Writers
Sunday, February 8, 2004; Page A01
VIENNA, Feb. 7 -- The rapidly expanding probe into a Pakistani-led nuclear trafficking network extended to at least seven nations Saturday as investigators said they had traced businesses from Africa, Asia and Europe to the smuggling ring controlled by Pakistani scientist Abdul Qadeer Khan.
Three days after Khan confessed on television to selling his country's nuclear secrets, Western diplomats and intelligence officials said they were just beginning to understand the scale of the network, a global enterprise that supplied nuclear technology and parts to Libya, Iran, North Korea and possibly others.
"Dr. Khan was not working alone. Dr. Khan was part of a process," said Mohamed ElBaradei, director of the International Atomic Energy Agency, the Vienna-based U.N. agency that is conducting the probe along with U.S. and other Western intelligence agencies. "There were items that were manufactured in other countries. There were items that were assembled in a different country."
Meanwhile, Pakistani officials disclosed that they had launched their own probe of Khan's activities in October after the Bush administration presented what one senior official described as "mind-boggling" evidence that Khan was peddling nuclear technology and expertise to Iran, Libya and North Korea, and had attempted to do the same with Iraq and Syria.
The evidence included detailed records of Khan's travels to Libya, Iran, North Korea and other nations, along with intercepted phone conversations, financial documents and accounts of meetings with foreign businessmen involved in illicit nuclear sales, the Pakistani officials said.
Pakistan's president, Gen. Pervez Musharraf, was personally briefed on the evidence on Oct. 6 by a U.S. delegation led by Deputy Secretary of State Richard L. Armitage. Gen. John Abizaid, the head of U.S. Central Command, made a similar presentation to Pakistani political and military leaders, the officials said.
"This was the most important development for us since 9/11," one of the Pakistani officials said. "One more time, the ball was in the court of General Pervez Musharraf."
Khan, known in Pakistan as the creator of the country's atomic bomb, acknowledged in the televised statement Wednesday that he had passed nuclear secrets to others, saying that he acted without authorization from his government. A day later, Musharraf pardoned Khan.
U.S. and U.N. investigators say Khan's nuclear trading network represents one of the most egregious cases of nuclear proliferation ever discovered. Using suppliers and middlemen scattered across three continents, the network delivered a variety of machines and technology for enriching uranium, a key ingredient in nuclear weapons. In the case of Libya, at least, it provided blueprints for the bombs themselves.
Khan's network provided "one-stop shopping" for nuclear technology and parts, said a senior U.S. official, who described how supply met demand in what amounted to a centralized ordering system.
"If I want to buy an IBM computer, I don't have to go to every single element of IBM," the official said, by way of analogy. "I can go to their salesman, and he fixes me up just fine."
Diplomats familiar with the Pakistan operation say Khan and his closest associates were the "salesmen" who filled orders for Libya and other customers. In the case of Libya, representatives of Libyan leader Moammar Gaddafi contacted the Pakistanis, who relayed the requests to middlemen.
The middlemen, in turn, found suppliers to produce the necessary components. Finished parts were then shipped to a firm in the Persian Gulf emirate of Dubai, which arranged for delivery to Libya. The interception of a significant shipment of components in Italy last fall led to Gaddafi's decision to eliminate his nonconventional weapons programs, U.S. officials contend.
Companies or individuals in at least seven countries, including Pakistan, were involved, knowledgeable officials said. Among the countries known to be involved are Malaysia, South Africa, Japan, the United Arab Emirates and Germany. A company in another European country was also involved, two diplomats said.
The commodities produced for Libya ranged from electronics and vacuum systems to high-strength metals used in manufacturing gas centrifuges, which are used in making enriched uranium.
"It was a remarkable network that was able in the end to provide a turn-key gas centrifuge facility and the wherewithal to make more centrifuges," said former IAEA inspector David Albright, a physicist who has studied the nuclear procurement networks of Iran and Libya. "The technology holder was always Khan. Suppliers came and went, but Khan was always there."
Libya and Iran have already given investigators the names of many of the companies and middlemen involved, and are continuing to offer more, according to Western diplomats familiar with the investigation.
Two German businessmen identified by Libya as alleged suppliers of centrifuge technology -- Otto Heilingbrunner and Gotthard Lerch -- have been interviewed by IAEA investigators but not charged with any crimes, according to two officials close to the investigation. A third German named by Libya, Heinz Mebus, is now deceased. All were formerly employed by companies that manufacture equipment used in gas centrifuges.
Heilingbrunner, reached by phone at his home in southern Germany, said he tried to sell aircraft parts to Iran in the 1980s, but said he never sold nuclear technology to anyone.
"I never did business with this junk," said Heilingbrunner. "I do not know how they came up with me." A senior Bush administration official said the Khan connection may have provided everything Libya acquired for its nascent nuclear program, including weapons designs. The designs were later handed to U.S., British and IAEA officials in Tripoli and are now being studied in the United States.
The disclosure of Armitage's October visit by Pakistani officials provides new details of a claim made this week in a speech by CIA Director George J. Tenet. Tenet said the intelligence agency had successfully penetrated Khan's network long before the IAEA went to Pakistan in November with evidence of illicit technology transfers to Iran.
Two Pakistani officials said Armitage presented the case against Khan and several other associates during a meeting with Musharraf at his official army residence in the city of Rawalpindi. The Americans asked Pakistan to verify the information independently and to take action against those involved, the officials said.
"We were told that Pakistan's failure to take action will most certainly jeopardize its ties with the United States and other important nations," one of the Pakistani officials said. The U.S. officials warned Pakistan that failure to act on the information could lead to sanctions by the United States and the United Nations.
Musharraf was said to be stunned by the detailed evidence against Khan and his associates. "It seemed that the Americans had a tracker planted on Khan's body," a Pakistani official said. "They know much more than us about Dr. Khan's wealth spread all over the globe."
Among other things, he added, the U.S. officials presented evidence of Khan's alleged attempts to sell nuclear secrets to Saddam Hussein when he was president of Iraq and reported that Khan had traveled to Beirut for a clandestine meeting with a top Syrian official in the mid-1990s.
During the second week in November, an Iranian delegation led by a deputy foreign minister, Gholam Ali Khoshru, arrived in Islamabad, according to a third senior Pakistani official.
"They used a very careful formulation," the official recalled of the visit. "They said they had acquired components and designs in '87 from the black market -- they mentioned Dubai -- and said two of the individuals involved were of South Asian origin, though not from the same country. They hinted they were under scrutiny from the IAEA and would have to make these declarations" about who had supplied the technology.
Shortly afterward, the IAEA delivered its findings on Iran in a two-page letter, and Pakistan's investigation began in earnest. Musharraf ordered the Inter-Services Intelligence agency (ISI) and Strategic Planning and Development Cell to check out the evidence that had been provided by the United States and the U.N. agency, the officials said.
ISI officials traveled to Malaysia, Dubai, Iran and Libya and "found that evidence against Dr. Khan was accurate," one of the officials said.
Staff writer Joby Warrick in Washington and researcher Shannon Smiley in Berlin contributed to this report. Lancaster reported from Islamabad and Khan from Karachi.
? 2004 The Washington Post Company

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Libya's A-Bomb Blueprints Reveal New Tie to Pakistani
By WILLIAM J. BROAD
Published: February 9, 2004
Investigators have determined that the nuclear weapon blueprints found in Libya from the Pakistani scientist Abdul Qadeer Khan were of his own relatively crude type of bomb -- not the more advanced models that Pakistan developed and successfully tested, American and European arms experts have said in interviews.
The analysis of the blueprints, which establish a new link between Dr. Khan and the underground nuclear black market now under global scrutiny, has heartened investigators in Europe and the United States because his design is seen as less threatening in terms of the spread of nuclear weapons.
"If you had to have a design circulating around the world, we'd be worse off if it was a design other than Khan's," said an American weapons expert who is familiar with the Libyan case.
However, European and American investigators said they feared that Dr. Khan and his network of shadowy middlemen might have peddled the weapon blueprints to other nations in deals that have not yet come to light. They also said the Libyan findings gave new credence to what was apparently an attempt by Dr. Khan more than a decade ago to sell a nuclear weapon design to Iraq.
Pakistani officials have focused their recent disclosures on Dr. Khan's illicit spread of equipment to enrich uranium to produce nuclear fuel, and have said little or nothing of the blueprints for a nuclear warhead that went to Libya, which are considered more sensitive. To the amazement of inspectors, the blueprints discovered in Libya were wrapped in plastic bags from an Islamabad dry cleaner.
"The Libyans said they got it as a bonus," an official said of the plans.
The centrifuge equipment and warhead designs from Dr. Khan's laboratories in Pakistan were discovered in Libya after the country's leader, Col. Muammar el-Qaddafi, agreed to dismantle his secret nuclear program, opening it to United States and United Nations nuclear officials.
Late last month, a 747 aircraft was chartered by the United States government for the sole purpose of carrying the small box with the warhead designs from Libya to Dulles airport near Washington. They are now undergoing analysis.
The American weapons expert said Western analysts, while relieved to find that the blueprint was of Dr. Khan's design, were not overjoyed. "A bad bomb is still a nuke," he said. "It can still do pretty terrible things to your city."
Dr. Khan is known in Pakistan as the father of the Pakistani bomb or the founder of its nuclear weapons program, but Western experts say the credit is not all his. A metallurgist, he is an expert at building centrifuges -- hollow metal tubes that spin very fast to enrich natural uranium in its rare U-235 isotope, which is an excellent bomb fuel. His mastery of the difficult art proved vital to Pakistan's acquiring a nuclear arsenal.
But other Pakistani scientists, Western experts said, had far greater success in turning the enriched uranium into nuclear warheads.
To develop the armaments, the American expert said, Pakistan ran "two parallel weapons programs, one good and one bad; Khan ran the bad one." Dr. Khan's weapon was inferior in terms of such as things as size, power and efficiency. The Pakistan Atomic Energy Commission, the nation's official authority for nuclear development, ran the more successful program.
All Pakistan's atom bombs resemble designs that China tested in the late 1960's and passed on to Pakistan decades ago, European and American experts said.
So too, Pakistan's atom bombs all use a relatively advanced means to detonate bomb fuel known as implosion.
The weapon that destroyed Hiroshima in 1945 used a simpler detonation method known as a "gun-type system," in which conventional explosives sped a uranium projectile through a cannon barrel into a uranium target, creating a critical mass and a gargantuan blast.
By contrast, experts said, Pakistan's designs used the more advanced principle of implosion, as did the bomb dropped on Nagasaki. It works by having a sphere of conventional explosives squeeze inward to crush a ball of bomb fuel, creating the critical mass. Implosion uses much less fuel than detonations from the gun-type system, making the bombs far cheaper and lighter.
Even so, Dr. Khan's design is "vanilla flavored and very old in concept," a European weapons expert said.
Analysts said the Libyan episode gave new life to the case of a middleman claiming to represent Dr. Khan who in 1990, on the eve of the Persian Gulf war, offered to have the Pakistani help Iraq build its own nuclear weapon.
The case came to light in the mid- 1990's when United Nations inspectors came across documents relating to the middleman's offer. "He is prepared to give us project designs for a nuclear bomb," an Iraqi memo said of Dr. Khan. "The motive behind this proposal is gaining profits for him and the intermediary." But the investigators made little headway, largely because Pakistan furiously denied there had been any aid to Iraq and refused to allow Dr. Khan to be questioned.
Now, those denials have collapsed, bringing new interest. David Albright, president of the Institute for Science and International Security in Washington, said Iraqi documents, coupled with the Libyan developments, raised the possibility that Dr. Khan's network operated for more than a decade to offer atomic blueprints not only to Libya and Iraq but to countries like Iran, Syria and North Korea. Global investigators must now carefully examine that possibility, he said.
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As Palestinians slide into anarchy,
calls mount for better leadership
By Gil Sedan
JERUSALEM, Feb. 2 (JTA) -- "Yes, we are in a state of anarchy."
That is how Zayyad Abu-Zayyad, member of the Palestinian Legislative Council and a former Palestinian Authority Cabinet minister, describes life today in the areas ruled by the Palestinian Authority.
"Certainly when a Palestinian policeman cannot walk around freely wearing his uniform, this creates a vacuum in which everyone does whatever one pleases," he said.
The situation is becoming grave, Abu-Zayyad told JTA.
"We have people selling land that is not theirs, and our courts are unable to enforce the law. Everyone who has money can purchase as many arms as he wants and can do with them whatever he wants. There is strong collaboration between our mafia and the Israeli mafia," he said.
"I am surprised at the level of mutual tolerance within the Palestinian society that still exists," he added. "Other societies would have been at a much worse state."
However, Abu-Zayyad distinguishes between a state of anarchy and the possibility that the Palestinian Authority is on the verge of disintegration.
"The P.A. is not collapsing," he said. "Should it happen to collapse, it would certainly not be in Israel's interest; all extremists would go on a rampage. I know that there are a number of Palestinian intellectuals who feel that the P.A. should give up and let Israel take over -- I am not among them."
A resident of the Jerusalem suburb of al-Azariyya, Abu-Zayyad is a close associate of P.A. Prime Minister Ahmed Qurei. Accordingly, he relieves Qurei of any responsibility for the deterioration of affairs.
"No one helps him, neither" P.A. President Yasser "Arafat, nor the Israelis nor the Americans. He still stays put, but I am not sure for how long," Abu-Zayyad said.
Israeli and American officials reportedly consider Qurei a tremendous disappointment. Perhaps because he witnessed the fate of his predecessor Mahmoud Abbas -- who tried to wrest real power from Arafat and was forced to resign within three months -- Qurei has demonstrated virtually no leadership since taking office last fall, Israeli and American officials say.
There is a high probability that he soon will resign or be forced to resign, Israeli officials believe.
Maj. Gen. Aharon Ze'evi (Farkash), the head of intelligence for the Israel Defense Forces, told the Cabinet this week that Arafat understands that the present state of affairs weakens the hegemony of his ruling Fatah Party and further strengthens the political stock of fundamentalist groups like Hamas.
As a result, Ze'evi said, Arafat recently instructed uniformed P.A. police officers to return to the streets of Palestinian cities to demonstrate a political presence. However, the lack of discipline in the force is such that the suicide bomber who killed 11 civilians on an Israeli bus in Jerusalem last week was a P.A. policeman from Bethlehem.
Arafat finds himself under heavy pressure from Egypt to cope with the anarchy and create conditions that would enable a meeting between Qurei and Israeli Prime Minister Ariel Sharon. Qurei has kept his distance from Sharon, demanding that Israel suspend construction of its West Bank security fence as a condition for meeting.
Sharon, who believes the fence will dramatically change the strategic relations between Israel and the Palestinians in Israel's favor, refused.
"He wants to succeed, but this is not enough," Abu-Zayyad said of Qurei. "He has learned the lesson from Abu-Mazen," he said, using Abbas' nom de guerre.
Abbas "annihilated himself politically," Abu-Zayyad said, "after having met Sharon and receiving nothing from him."
Sharon released hundreds of Palestinian prisoners, relaxed anti-terrorist restrictions in the West Bank and turned over several cities to P.A. rule in an effort to bolster Abbas' prestige. The Bush administration, which has shunned Arafat because of his ties to terrorism, warmly embraced Abbas, inviting him to the White House and relaxing restrictions on U.S. aid to the Palestinians to show that Abbas could win gains for his people.
Palestinians say the Israeli and American gestures were not enough.
Abu-Zayyad draws a picture in which the Palestinian Authority has absolutely no power to stabilize the situation. But that's not an accurate description, according to some Israeli experts.
Col. (Res.) Shalom Harari, an expert on Palestinian affairs at the Interdisciplinary Center in Herzliya, told JTA that this is yet another show staged by Arafat, who throughout his career has carefully cultivated chaos and disorder to garner international sympathy and blur his responsibility for events.
"The story repeats itself every few months: Internal unrest in the Palestinian Authority reaches a heating point, Arafat makes a few moves to prove that he is in control but then lets go and allows the instability to continue," Harari said.
According to Harari, Arafat still thrives on a situation of "divide and rule," regardless of the consequences for his people.
However, Harari said, the one difference is the fact that now Palestinians dare to speak of "fawda," an Arabic word that denotes a state of anarchy.
The watershed was the attempt last fall on the life of Ghassan Shaka, mayor of Nablus. Shaka's brother, Ahmad, was shot dead in Nablus by bullets apparently aimed at Shaka, one of the most prominent figures in the Palestinian areas.
Following the murder, Shaka wrote a sharply worded letter to Arafat that was published in all Palestinian newspapers.
"The continuation of this threatening and painful situation, and the impotence of the Palestinian law authorities, will force us to take our rights into our hands," he wrote. "My family and I expect immediate measures of sovereignty that will return the respect of law."
Once Shaka spoke out, others followed suit. In an article in the London-based Al-Sharq al-Awsat newspaper, former Arafat adviser Imad Shakur demanded that Arafat take immediate and dramatic steps to return law and order to the Palestinian streets.
First, Shakur wrote, all factions -- most of which maintain terrorist militias -- should be transformed into legitimate political parties; the militias should be dismantled and integrated into the legitimate P.A. security forces; and the Qurei government should resign and an emergency government be created.
In fact, the first two suggestions are very close to obligations the Palestinians accepted under the "road map" peace plan, but then said they could not be expected to carry out.
Recent opinion polls show public Palestinian support for Shakur's demands. A poll conducted two months ago by the Palestinian Center for Policy and Survey Research in the West Bank and Gaza Strip showed that only 37 percent of Palestinian respondents had confidence in Qurei's government.
A record high of 81 percent said P.A. institutions are riddled with corruption. Two-thirds of those people believe corruption will remain the same or even increase in the future.
Indeed, Abu-Zayyad said Monday that he, too, believed nothing much would change -- unless Israel takes the initiative and renews peace talks with the Palestinian Authority.
He was unimpressed by an interview Sharon gave this week to the Ha'aretz newspaper, in which he claimed to have given instructions to begin preparing for the removal of 17 Israeli settlements in the Gaza Strip.
"I think that every unilateral step will not bring about a solution, not even dismantling settlements," Abu-Zayyad said, repeating the official Palestinian position. "I am sure that if Sharon dismantles settlements in the Gaza Strip, he will try and compensate the settlers in the West Bank -- which would, in turn, further complicate the situation."
? JTA. Reproduction of material without written permission is strictly prohibited.
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David DeRosa , president of DeRosa Research & Trading, is an adjunct finance professor at the Yale School of Management and the author of "In Defense of Free Capital Markets." The opinions expressed are his own.
Japan's Quantitative Easing Policy Dwindles: David DeRosa
Feb. 8 (Bloomberg) -- In March 2001, the Bank of Japan altered its basic monetary policy approach, targeting the base of the money supply instead of short-term interest rates. That made Japan the only major country to adopt what central bankers call ``quantitative easing.''
Since then, there have been some signs that Japan's troubled economy is on the mend. Whether quantitative easing did the trick or not, is something economists will undoubtedly debate for a long time.
The discussion should start with how much quantitative easing Japan actually has done since March 2001. The bulk of the easing occurred during the final quarter of 2001 and the first quarter of 2002.
The rate of growth of the monetary base during that period at times exceeded 25 percent at its peak in first quarter 2002. The growth rate subsequently plunged and is now in the vicinity of 15 percent.
The monetary base consists of currency in the hands of the public plus commercial bank reserves kept at the central bank. In Japan, the later is referred to as the ``current accounts,'' though there is no connection to the balance of trade.
Rate Falls
Central banks directly control the monetary base but not the broader monetary aggregates, such as the famous M2 + CDs. That consists of currency plus checking accounts, savings accounts, and certificates of deposits.
The rate of change of M2 + CDs rose from 2.5 percent in March 2001 to peak at over 3.5 percent in the first quarter of 2002. It's noteworthy that now the rate has fallen to 1.5 percent.
The point is that though quantitative easing is still going on in Japan, the rate at which money is being created has fallen back to the dangerous level of the pre-quantitative easing era.
In January, the Bank of Japan raised its the upper target for growth in current account balances to 35 trillion yen from 32 trillion yen ($333 billion to $304 billion). Yet that was needed ``simply to avoid a de facto tightening in monetary policy,'' wrote Anne Mills, a senior foreign exchange economist for Brown Brothers Harriman & Co. on Jan. 20.
Hayami's Ghost
How committed then is the BOJ to quantitative easing?
History would suggest that the BOJ was never truly comfortable with quantitative easing. In fact, it fought quantitative easing tooth and nail before finally surrendering to the concept during the term of BOJ Governor Masaru Hayami, who served from 1998 to March 2003. For most of his time at the BOJ, Hayami seemed dead-set opposed to a monetary base policy target.
Hayami preferred to exercise monetary policy by establishing a target for the short-term interest rate. This target would be enforced by the BOJ conducting easing and tightening operations, wherein the monetary base would be expanded or contracted.
A number of economists complained that Hayami's BOJ had succeeded in holding the short-term interest rate either close to zero or actually at zero, but hadn't prevented the price of goods and services from falling.
Faster Money Growth
This later phenomenon is deflation, meaning a sustained fall in the price level. Deflation can be destructive to an economy because it implies high real rates of interest. The real rate of interest is the observed market rate adjusted for inflationary or deflationary expectations.
Moreover, the culprit was easy to identify. The money supply, measured narrowly as the monetary base, or broadly as the sum of currency, checking accounts, and savings accounts, was growing at dangerously low rates.
The cure was at hand: The BOJ needed to create a faster rate of money growth. Practically speaking, this had to work, or at least it always had worked before, though it was a prescription that few economists would ever advocate except in extreme situations such as the one Japan was experiencing.
What's Next?
The basis for this was the quantity theory of money, something that economists have known for hundreds of years. Rising price levels, inflation, or falling price levels, deflation, are always linked to the rate of growth of money creation.
In the end, Hayami came on board with the quantity theorists. In March 2001, he announced he was switching to target the rate of expansion of the monetary base.
Now Toshihiko Fukui, Hayami's successor as governor, has publicly endorsed quantitative easing. Yet given the plunge in the rate of increase of the monetary base and the broad-based monetary aggregates, one has to wonder what the BOJ really has in mind.
To contact the writer of this column:
David DeRosa in New Canaan, Connecticut, or derosa@bloomberg.net
To contact the editor of this column:
Bill Ahearn, or bahearn@bloomberg
Last Updated: February 8, 2004 09:49 EST
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MARKET WATCH
Executive Pay, Hiding Behind Small Print
By GRETCHEN MORGENSON
Published: February 8, 2004
INVESTORS have been understandably irate over executive pay recently. But because disclosure in the area is so woeful, they don't know the half of it.
Summary pay tables, required by the Securities and Exchange Commission since 1992, help investors see where their hard-earned money goes. But three areas cry out for reform by regulators: deferred compensation, supplemental executive retirement plans and executive payouts when a company undergoes a change in control.
As Brian Foley, a compensation expert in White Plains, put it, "The big print giveth but the small print giveth even more." And, sometimes, there is no print at all.
Consider deferred compensation, the career-ender for Richard A. Grasso, former chairman of the New York Stock Exchange. The only thing companies must reveal about deferred compensation is the difference between the market rate of interest and the rate earned by the executives on the amounts they have collected. That is the only clue to how mountainous deferred compensation can be.
At Wyeth, a drug maker, executives can earn an astonishing 10 percent interest rate annually. The 2003 proxy reported that John R. Stafford, Wyeth's former chairman who is a consultant, earned $1.6 million in above-market interest alone on deferred compensation. A Wyeth spokesman declined to say how much Mr. Stafford has in total.
Robert J. Ulrich, chief executive of the Target Corporation, a retailer, earned $688,218 based on deferred pay in 2002, the most recent year for which data is available; four top colleagues there made a total of $470,000.
Supplemental executive retirement plans are also annoyingly opaque. Actual amounts in executives' plans are undisclosed; tables outline only what executives may receive based on years of service, salary and bonus.
Such plans can loom large. Last month, Hercules Inc., a chemical maker, restated third-quarter 2003 results to account for a $4.7 million pension benefit paid to William Joyce, former chief executive. Hercules' net income was cut by $2.9 million or 14 cents a share.
Tim Ranzetta, president of Equilar, a compensation analysis firm, said: "The disclosure of the myriad executive compensation plans - pension, supplemental executive retirement plans, deferred compensation, split dollar life insurance - is not adequate in answering a fundamental question: What is the projected value of these plans to the executive upon his retirement?''
Finally, there are the potentially huge payouts to executives in a merger, a matter of consternation among shareholders at MONY, the insurance concern weighing a bid from AXA, the French insurance giant.
If the deal goes through, MONY executives will receive $98.2 million - more than 6 percent of the $1.5 billion transaction.
Executives' take in a merger is rarely detailed in routine filings. In last year's proxy, MONY discusses only broadly what executives could get: a lump sum of three times an executive's salary, bonus, long-term performance pay and other things. Such disclosure, or lack of it, is typical at companies.
Jesse M. Brill, a securities and compensation lawyer and chairman of the National Association of Stock Plan Professionals, is urging lawyers to disclose all compensation received by chief executives this year, not just adhere to outdated requirements. His disclosure advice is at www.naspp.org.
Shareholders are paying these bills. They have a right to know the costs in plain, shocking English.
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IDF to pay big time to fix reservist call-up system
By Haaretz Staff
The Israel Defense Forces is expected to pay tens of millions of shekels in the upcoming months to fix a computerized call-up system for reservists. The system was installed just two years ago, and was meant to call reservists to their units as part of a "quiet call-up."
The original system contained a 9-digit field for reservists' mobile telephone numbers. In a few months, however, all cellular telephone numbers are to be changed to 10-digit numbers, and therefore, the system has to be updated accordingly.
The financial daily Globes reported yesterday that the IDF has appointed a special committee to look into the impact of this move. Various sources said that the repercussions could cost tens of millions of shekels.
The IDF took much pride when it inaugurated the new computerized dialing system two years ago. Instead of dispatching special reserve soldiers, the system automatically calls the reservists' cell phone, home, and place of work to pass on messages concerning his unit. The reservist needs to punch in his personal number and confirm that he has received the message.
The system, developed by a civilian company, proved to be very successful in trials and exercises. The planners, however, did not take one factor into consideration, namely that additional digits may be added to the cell phone numbers. The army will also look into expanding the fields for personal and other telephone numbers to prevent future problems.
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More money needed `to minimize fence's harm to Palestinians'
By Amnon Barzilai
The defense establishment is asking the government to add hundreds of millions of shekels to the budget for the construction of the separation fence, to finance measures to ease the disruptions that the barrier has created in the daily lives of Palestinians who live west of it.
If the addition is approved, the total budget for building the fence this year would come to over NIS 3 billion. This figure is predicated on the construction of 265 kilometers of fencing this year, at an average cost of NIS 10.5 million per kilometer.
In response to the international criticism of the way the fence's route interferes with Palestinians' daily lives, the Israel Defense Forces' deputy chief of staff, Major General Gabi Ashkenazi, set up a task force to draft proposals for improving the situation. The task force proposed a number of recommendations, including the following:
l Dozens of alternative roads, tunnels and gates in the fence should be built to connect Palestinian villages to major urban centers in the West Bank, or to other nearby villages, in cases where existing transit routes have been disrupted by the fence. Work on the first underground road, between the village of Habla and Qalqilyah, began last week.
l Israel should fund organized transportation for schoolchildren whose homes are separated from schools in another village by the fence. The IDF has already allocated NIS 160,000 to bus children in Hirbat Shabra.
l Israel should finance the establishment of a dialysis unit at Makassed Hospital in East Jerusalem to ease the problems currently encountered at roadblocks by Palestinians trying to reach Jerusalem's Hadassah Hospital for this purpose. In addition, five Palestinian ambulances should be placed under close IDF supervision, and these ambulances should then be allowed to pass through roadblocks swiftly, without the lengthy security checks to which ordinary Palestinian ambulances are subjected for fear that they might be smuggling explosives.
At a meeting with Defense Minister Shaul Mofaz last Thursday, officials in charge of the fence's construction said that the work was currently on schedule, meaning that by the end of the year, stage three of the construction will be completed and work will have begun on stage four. To date, almost 200 kilometers of fencing have been completed; if this year's timetable is met, there will be 461 kilometers of finished fence by the end of the year.
In total, the fence is slated to be 705 kilometers long; of this, 151 kilometers is the Ariel salient, which is slated to be built only in 2005.
The officials also told Mofaz that the 20-kilometer section of the fence from Har Avner to Tirat Zvi would be completed by July 2004.
One problematic section of the fence is the area around Baka al-Sharkiyeh. The fence was originally slated to pass east of this town, but the army later reconsidered and decided instead to raze 40 illegal buildings located between Baka al-Sharkiyeh and the Israeli town of Baka al-Garbiyeh, thereby enabling the fence to be built on the Green Line, west of Baka al-Sharkiyeh. This 8.5-kilometer section of the barrier, of which 800 meters will be an eight-meter-high wall, is slated to be completed by the end of this month.
In the meantime, however, the army has already wasted NIS 140 million on the abandoned route east of Baka al-Sharkiyeh; it is now considering razing these portions of the fence.
Completion of both the Baka al-Sharkiyeh and the Har Avner-Tirat Zvi segments will produce a continuous 196-kilometer stretch of fence running from the Jordan River to Elkana.
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David Horovitz: A Baffling Exchange, or Worse
I have lost count of the number of people abroad who have called or written to me these past few days, baffled by the lopsided Israel-Hizballah prisoner deal, assuming that distance is fueling their incomprehension, and seeking enlightenment. The trouble is, from here too, there has been plenty to be baffled about.
The numbers, for a start: more than 400 Palestinian security prisoners, 30 or so Lebanese and other Arab nationals, and 60 exhumed bodies of Lebanese gunmen, in return for three Israeli soldiers' corpses and a single live businessman? If that's what Israeli leaders consider "an exchange," they would appear to be long overdue for a refresher course in Middle East bargaining.
Then there is the very issue of dealing with Hizballah in the first place -- breaching the principle of refusing to negotiate with terrorists, a principle Israel has urged the rest of the international community to enshrine. Moreover, the exchange constitutes an unmistakable incentive for Hizballah to repeat the whole process, as the movement's sickeningly savvy leader Sheikh Hassan Nasrallah has gleefully observed: Kidnap some more soldiers at the border, and again demand extortionate terms for their return, dead or alive, confident that Israel, as it has now, will again go to any and all lengths to "bring its boys back home." Prime Minister Sharon's threat to use force rather than German mediators to resolve any future kidnappings sounded empty, even pathetic, given that it was issued before the very coffins he had just paid so heavily to return.
And finally, there is the further reinforcement of the perceived benefits of terrorism in the minds of hostile Palestinians. If the unilateral departure from Lebanon in 2000 provided encouragement for the terrorists' claim that Israel buckles under relentless attack, and Sharon's recent talk of a limited withdrawal in the West Bank has been interpreted as further proof of the bombers' wisdom, then this exchange would seem to constitute absolute confirmation.
Short-term Palestinian Authority prime minister Mahmud Abbas, telling his own people to put down the guns, stop dispatching the bombers, end the armed intifada, and restart serious peace negotiations, was rebuffed by Sharon when he pleaded for a mass release of Palestinian prisoners to boost his domestic standing. Hassan Nasrallah, pledging his assistance to the Palestinians in liberating their captured land from the Zionists, as he has liberated his, secured that same mass prisoner release by the simple expedient of seizing three soldiers at the border and kidnapping Elhanan Tannenbaum.
What message does that send about the relative advantages of negotiation and terrorism? Is it any wonder that Hamas, which hadn't bothered that much about trying to kidnap soldiers since Israel refused to knuckle under when Nahshon Wachsman was abducted in 1994 (and murdered by his captors, who were killed themselves as commandos vainly attempted his rescue), is now vowing to return to the practice.
Set against all this is the covenant the State of Israel makes with its people when it calls them into the army -- the commitment, come what may, not to abandon them in the field or if they're taken prisoner. There is the hope that a second phase of the deal may resolve the fate of missing airman Ron Arad. There is the return of Tennenbaum. And there is the end, the most bitter end, to the uncertainty endured by the families of those three soldiers, Adi Avitan, Benny Avraham and Omar Sawaid, now laid honorably to rest.
With, truly, the greatest sympathy for all the families, the equation doesn't add up. The sacred covenant to bring the boys back home simply doesn't apply in the cases of the returned trio; these were soldiers the army had already confirmed were dead. As for Tennenbaum, though a reserve colonel, he was most certainly not captured while on Israeli government or defense establishment business. And whatever the future hopes for Arad, the fact is that he did not come home under this exchange.
A friend this weekend posited a psychological explanation for the otherwise inexplicable. She noted how Sharon, in his address before those three flag-covered coffins, spoke of those in our neighborhood who sanctioned "murder and evil," and contrasted them with the Jewish state, "which sanctifies life." The chief of staff, in similar vein, insisted the deal was not weakness but a victory for Israel's higher "values." Isn't that what this has all been about, she mused? Israel agreeing to an inconceivable arrangement so that it could confirm to itself, and most particularly so that its prime minister could confirm to himself, how humane we are, how elevated our morals, and the unthinkable lengths we will go to preserve them.
I fear there may be some truth in this. And I say "fear" because it is such rank hypocrisy. It cannot square with an army that didn't provide the necessary supervision to prevent the trio being kidnapped in the first place, an army moreover that had abandoned a soldier to his fate six days before the trio were attacked at the Lebanon border -- Cpl. Madhat Yusuf, who bled to death hours after being hit by Palestinian gunfire at Joseph's Tomb on the edge of Nablus.
And most damningly, it cannot square with a prime minister who procrastinated for so long over building a security fence that, if completed earlier, could have saved so many non-combatant Israeli lives, is still delaying some sections so that it will not be completed for an intolerable two more years, and has routed parts of it deep inside the West Bank for narrow political reasons, bringing numerous Palestinians onto the "safe" side of the barrier in the process and thus heightening our vulnerability.
That the Hizballah exchange was carried out on the very day that yet another bomber exploited the absence of a full barrier to cross from the West Bank and murder 11 more Israelis in Jerusalem, and maim dozens more, searingly underlines the disconnect. Sharon has championed a deal that delights our enemies, in order to bring home our dead. Can he put his hand on his heart and say he is going to the ends of the earth, too, for the sake of the living?
***
The Jerusalem Report wishes our friend Erik Schechter, a former intern and reporter here, and now a military affairs reporter at The Jerusalem Post, a speedy recovery from the injuries he sustained in the January 29 bus bombing. Erik was at the center of the bus; the bomber was toward the back. With what must count as good fortune, he was moderately injured, mainly in his legs, and doctors expect him to make a full recovery.
February 23, 2004
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Homegrown Terror
A potent poison. A Senate mail room. Echoes of the unsolved anthrax attacks--with a dash of angry truckers
By MICHAEL D. LEMONICK
After anthrax-tainted letters began showing up in the wake of 9/11, authorities quickly suggested that this was probably a case of homegrown terrorism rather than Round 2 of al-Qaeda's assault on the U.S. The likely perpetrator, many still believe, was a malevolent nerd with chemistry-lab expertise and a grudge against the government. But when traces of the biological toxin ricin showed up in Senator Bill Frist's mail room last week, the FBI and other agencies declared there was no evidence pointing to either a foreign culprit or a mad scientist. One possibility under examination: a good ole boy who knows his way around 18-wheelers, weigh stations and CB radios.
That would be consistent with two unsolved ricin-in-the-mail incidents that occurred last fall. They didn't create much of a panic, and despite the evacuation of three Senate office buildings last week, neither did the ricin found under a mail-opening machine on Capitol Hill. Ricin is a potent enough poison, and terrorist groups from al-Qaeda to the Iraq-based Ansar al-Islam have reportedly produced it for use as a biological weapon. So, evidently, did Saddam Hussein before the first Gulf War.
But ricin isn't especially good as a weapon of mass destruction. It's easy to make, using a recipe you can get off the Internet. It comes from the castor bean, which is used around the world in products ranging from laxatives to brake fluid to nylon, and also grows wild in the southwestern U.S., so there's no shortage of raw material. But unlike anthrax, ricin is tough to aerosolize and inhale; the easiest way to deliver a fatal dose is injection or ingestion, and you need a lot for the latter. Ricin is powerful, but it's a retail, not a wholesale, poison.
That's why ricin once enjoyed a certain cachet among international men of mystery. Every spywatcher knows about Bulgarian defector Georgi Markov, who was assassinated in London in 1978 in a ploy that James Bond or Austin Powers would appreciate: a shadowy stalker jabbed Markov in the leg with an umbrella rigged to inject a pellet of ricin under his skin (the killer was never found, but the KGB and the Bulgarian secret service were prime suspects).
More recently, the handful of ricin cases pursued by the FBI have involved domestic hotheads, not international spies. In 1995, for example, two Minnesota men associated with a tax-protest group called the Patriots Council were convicted for possessing ricin with the intent of using it as a weapon. And in 1993, Canadian customs agents found ricin along with four guns, 20,000 rounds of ammunition and some neo-Nazi literature in the car of an Arkansas survivalist crossing into Canada.
Then last October someone hand-delivered a package to a mail-sorting center near Greenville-Spartanburg International Airport in South Carolina. Inside the package, which was addressed to the U.S. Department of Transportation (DOT), was a metal vial filled with ricin. A label read, "Caution ricin poison enclosed in sealed container. Do not open without proper protection," and a letter demanded repeal of federal rules mandating 10 hours of rest in every 24 for long-haul truckers. Otherwise the sender, who signed the letter "Fallen Angel" and claimed to be "a fleet owner of a tanker company," would pour ricin into the local water supply. "Keep at eight [hours] or I will start dumping," said the note.
The FBI gave polygraph tests to the mail facility's 36 employees and to local truck drivers, and in early November asked the American Trucking Association to notify members to look out for anyone acting aggressively or suspiciously. But even as the word was going out, another letter containing a vial of ricin turned up on Nov. 6 at a White House mail-handling facility at Bolling Air Force Base in Washington. Postmarked Chattanooga, Tenn., it too was addressed to the DOT, via the White House. And like the first letter, it carried a warning label and a demand from Fallen Angel to ease trucking rules. That incident was never made public. Nearly a week passed before the Secret Service, which had intercepted the letter, notified the FBI, the U.S. Postal Service and the Department of Homeland Security--a delay that rankled those agencies. The Secret Service has promised to revise its protocols. But it's also important to remember, says a law-enforcement source, that "ricin is not a living, flesh-eating bacteria, like anthrax, so our response is much different."
Beyond that, investigators tell TIME that the powder found in Frist's mail room was mostly paper dust, with traces of ricin so minute, they can't even be evaluated for particle size or purity. No envelope or note has been found, and no other piece of mail from the Senate has even a trace of ricin on it. Neither do any door sills, doorknobs, railings or surfaces anywhere in the building. Same goes for air filters, which should catch floating particles.
That leads to a couple of theories. Perhaps an envelope in Frist's mail room contained a letter that was forwarded to the DOT, where Fallen Angel's grudge is aimed. Or maybe the letter was simply sent by someone who had previously handled ricin. "Let's say he didn't send us any product," says an investigator. "He's just sloppy. It's on his fingers, on his hands, or he's using the same envelopes, same paper. That may be why we don't have anything."
Still, it's worrisome to know that anyone is sending lethal substances through the U.S. mail--and getting away with it. The FBI has spent 251,000 man-hours on the anthrax case, conducted 15 searches, interviewed 5,000 people and served 4,000 subpoenas--without an arrest. (Steven Hatfill, a former government bioweapons expert once described by Attorney General John Ashcroft as a "person of interest" in the case, is suing the U.S. government for violating both his constitutional rights and internal Justice Department rules against leaks. He has strongly denied accusations that he is behind the mailings.)
Now officials have another bioweapons correspondent to worry about--or maybe more than one. Without a note or an envelope, it's unclear whether this is related to the Fallen Angel incidents. If there was what the media are calling a "smoking letter," it may have long since gone out with the trash. Without even that much of a clue, the best that authorities can do is look for forwarded letters, reinterview Frist staff members, examine suspicious mail the Senator has got over the years--and hope that a tip or a slipup puts the latest mad mailer out of circulation.
Reported by Elisabeth Kauffman/Nashville and Viveca Novak and Elaine Shannon/Washington
Copyright ? 2004 Time Inc. All rights reserved.
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DNA Analysis of Ricin Could Track Source
By Marilyn W. Thompson
Washington Post Staff Writer
Sunday, February 8, 2004; Page A11
Using DNA analysis, federal authorities are trying to glean important clues about the source of ricin found last week in a Senate mailroom and in two earlier letter mailings, including where castor plants used to make the poisons were grown.
"The U.S. government has this well in hand," said Lee Browning, a researcher with a Texas seed company who has consulted with the FBI about ricin production and was interviewed by agents from the Lubbock field office about recent developments involving use of the poison. "They will read this DNA, analyze the soil and the water content, and be able to say if it's coming from South Carolina, Georgia, Florida or Texas. There's a team of people hard at work on it."
Authorities have not determined the source of ricin discovered in the office of Senate Majority Leader Bill Frist (R-Tenn.), or of samples found last October and November in postal facilities serving a Greenville, S.C., airport and the White House. The two found by postal workers arrived in envelopes with letters signed by "Fallen Angel," who protested new regulations that change the number of hours per day that truckers may spend sleeping in their berths.
Genetic analysis also has been an important FBI focus in the investigation of the unsolved 2001 anthrax mailings to Capitol Hill and to media outlets in New York and Florida, which left five people dead and 17 ill as the lethal microbes were spread. Those tests, some of which have been specially developed for the FBI, are incomplete, but the FBI said recently that it expects definitive results on the source of the anthrax bacteria within six months.
Browning said federal agencies have geared up in recent years to handle the use of the toxin ricin, a protein found in castor seeds, as a terrorist tool. Samples of numerous varieties of castor plants have been collected by federal officials for use in forensic and scientific analysis, he said.
After ricin was found on a mail sorting machine in the Dirksen Senate Office Building, officials of the Department of Homeland Security said that the poison could be easily made by an amateur with access to castor plants. In a letter found in the Greenville case and at a White House mail facility, "Fallen Angel" claimed to have "easy access to castor pulp" and to be "capable of making ricin."
Browning, however, questioned the assessment that ricin is an "active" or highly potent powder. He does not believe it could be the work of an amateur using homegrown formulas and simple equipment. Extracting ricin is a dangerous process, he said, that requires chemistry knowledge and advanced scientific equipment.
"There is currently no U.S. production of castor," he said, partly because of the dangers associated with it. Browning's firm, Castor Oil Inc. of Plainview, Tex., last year cultivated 40 acres of castor plants to generate seed that could be used for research. It is the only company in the United States that cultivates the castor plant, he said.
Tom McKuen, a ricin expert at the Department of Agriculture's Western Regional Research Center in Albany, Calif., declined to say whether he or other USDA specialists have been working with the FBI on recent cases. He said his team has focused since 2001 on research to "genetically eliminate" the ricin toxin from castor seeds so that they can be handled more safely.
The most common use of castor is in the production of castor oil, a lubricant widely used in commercial products, including lipsticks, sunblocks, paint, plastic foam, electrical wiring and sealants. The United States imports the majority of its castor oil from India, he said, but the shipments pose no terrorism threat because ricin cannot be extracted from the processed oil.
Castor plants grow profusely in the wild in many warm climates in the United States, and to extract ricin, the plants must be cooked into a pulp, McKuen said.
Medical researchers, including a team in Texas, are experimenting with the use of ricin in cancer treatment. Browning's company, in partnership with Dow Chemical Co., received $5 million from the Department of Energy in 2001 to work with USDA on research to use plant-based oils such as castor oil to make plastics and chemicals. The project includes work to eliminate the ricin protein from castor seeds.
Browning said he has worked closely with the FBI over the years and turned over any seed variation he has developed to federal authorities. "I want them to know everything that I know," he said.
? 2004 The Washington Post Company
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U.S.-Russian Plan to Destroy Atom-Arms Plutonium Is Delayed
By MATTHEW L. WALD
WASHINGTON, Feb. 8 -- A project to destroy the plutonium from thousands of retired Russian and American nuclear weapons has been delayed, and some experts say they fear that the work may never be done.
The plan was to have both countries build factories that could mix uranium with plutonium, the material at the heart of nuclear bombs, to be burned as fuel for civilian reactors. It was conceived in the mid-1990's at a time of intense concern over the security of weapons materials in the former Soviet Union; Russia agreed to it in 2000.
The point was to ensure that weapons being disassembled by mutual agreement would never be rebuilt, and that the weapons plutonium, the hardest part of a nuclear bomb to make, could not be sold or stolen.
But the Bush administration's budget plan for the Energy Department, released last week, said groundbreaking for a conversion factory planned for South Carolina had been delayed from July of this year until May 2005.
The immediate reason is that the United States and Russia are deadlocked on the liability rules for American workers and contractors that would help build the plant in Russia, and the United States will not break ground first. Each plant is to dispose of about 34 tons of weapons plutonium.
Administration officials want to use terms written for early nuclear agreements that protect American contractors from almost all liability in case of accidents involving the release of radioactive material; the Russians have refused those terms.
But another problem is that after years of effort, Western nations have not raised the approximately $2 billion that the Russians say they need to build and operate their conversion plant. The British said recently that they were withholding any pledge until the liability issue was resolved.
In 1997, when President Bill Clinton's energy secretary, Hazel R. O'Leary, announced that the United States would rid itself of weapons plutonium, she said burning it as fuel in civilian reactors might begin by 2002. But even before the delay made clear in the Bush budget, the American plant, estimated to cost nearly $4 billion, was expected to begin producing fuel only in 2008. The Energy Department's eventual plan is to pay the Duke Power company to use the plutonium in its reactors.
The issue is particularly delicate in South Carolina, because the Energy Department has already been shipping plutonium from its other weapons factories to its Savannah River Site, near Aiken.
In 2002, South Carolina sued the Energy Department in an unsuccessful effort to prevent shipments. The governor at the time, Jim Hodges, said he wanted a binding agreement that the weapons plutonium would be disposed of elsewhere if the plant was not built. The new delay, Mr. Hodges said, "leads me to believe there's no serious commitment from the Bush administration."
But administration officials say the plan is alive. "I'm absolutely confident we're going to resolve this," said Linton F. Brooks, the under secretary of energy for nuclear security. But he could not say when. "Nobody who tells you he can predict how long it will take is worth listening to," he said.
He described the impasse on liability as "a speed bump as opposed to a death blow." The money, he said, would follow quickly once an agreement on that issue was reached.
But a State Department official acknowledged that "between the liability and details of financing, there's a lot of things to iron out."
Some environmentalists oppose turning weapons plutonium into reactor fuel. Dr. Ed Lyman, a senior nuclear physicist with the Union of Concerned Scientists, has argued that a reactor accident would be more serious if the fuel was a plutonium mix rather than simply uranium, because the fuel's constituents are more dangerous if released.
A Greenpeace nuclear expert, Tom Clements, said the plan would leave Russia with a factory that -- after the weapons plutonium is processed -- could turn additional plutonium into reactor fuel, encouraging the creation and circulation of material that could be diverted into weapons production, or be stolen by a terrorist or militant group.
In Europe, some plutonium is recovered from spent fuel for reuse, and the Russians would like to do the same. In contrast, the Energy Department plans to bury American spent fuel, including the plutonium.
The plan for the South Carolina factory also faces its own hurdles.
The consortium of contractors the Energy Department chose to build it -- an affiliate of the Duke Power company; the Stone and Webster engineering firm; and Cogema, a French nuclear company -- proposed to meet the limits for radiation releases at the plant by pushing the measurement boundary about five miles from the factory.
The Energy Department insisted that the boundary be the factory site perimeter, requiring changes to the safety analysis the consortium must submit to the Nuclear Regulatory Commission to win a license.
Copyright 2004 The New York Times Company

Posted by maximpost at 12:09 AM EST
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Sunday, 8 February 2004

Saudi suicide bombers say more 'martyrs' follow
RIYADH (Reuters) -- In taped testimony filmed before they attacked a Riyadh housing compound last year, two young Saudi suicide bombers said they were fighting for a true Islamic state and vowed that more "martyrs" would follow them.
The tape, parts of which were broadcast on Friday by the Arab television channel Al Jazeera, appeared to show the first detailed video footage of preparations for the suspected Al Qaeda attack which killed 18 people three months ago.
The bombing was the second deadly strike last year in the Saudi capital on compounds housing foreigners. Both were blamed on Saudi-born militant Osama Ben Laden's Al Qaeda network. At least 23 top militants are still on the run and security forces remain on high alert across the kingdom.
The tape also showed armed men in balaclavas training to storm a house at a camp allegedly inside Saudi Arabia, and a celebration of the imminent death of Ali Ben Hamed Al Maabadi Al Harbi and Nasser Ben Abdullah Al Sayyari Al Khalidi, two bearded young men who appeared to be in their 20s.
The names matched those issued by Saudi authorities after they carried out DNA tests on the bombers' bodies at Muhaya, a compound which housed mainly Arab and Muslim families.
"We offer ourselves to establish an Islamic state and lift the oppression from Muslims everywhere," Harbi said in the tape. "Many young men are eager to carry out such martyrdom attacks. They are the destructive weapon to fight the enemies," said Khalidi.
The video appeared to show meticulous preparations for the attack, including the spray-painting of a pick-up truck in the colours of a security force vehicle and reconnaissance footage of the Muhaya compound by night.
It also showed what Al Jazeera said was film from a car on the night of the attack, with bursts of gunfire interrupting the driver's repeated murmur, "Allahu Akbar" (God is greatest).
The truck had a number plate marked 314, representing the number of Muslims killed in the battle of Badr, a clash between the first Muslims and their "infidel" enemies. The Muhaya bombing itself had been named "Operation Badr" by the militants, Al Jazeera said.
'Death is life'
Khalidi, a large man with straggly black hair, waved a machinegun cheerfully at a farewell ceremony before his suicide mission. Around 20 men, mostly masked in red kefiyeh head-dresses, chanted and waved rifles.
Both men declared their eagerness for death.
"Death is life, it is not death. Whoever doesn't die for the sake of jihad will die in other ways," said Khalidi.
"This is a worthless life. This life won't last even for kings, so what about us, the poor?" Harbi said.
Another extract showed a militant carrying what appeared to be a shoulder-held missile launcher. In the last year Saudi authorities say they have seized nearly 24 tonnes of explosives and large numbers of rifles, hand grenades and explosive vests.
Khalidi denied that their aim was to hurt Saudis and said they went to great lengths to hit foreigners instead of soft targets in the world's biggest oil exporter.
"If we wanted to destroy the state we could have hit the interests that people benefit from. This would have been much easier than killing a single American, and killing our citizens is much easier," he said.
Most victims of the Muhaya attack were Arabs and Muslims, a fact which destroyed much lingering support for Al Qaeda in the deeply conservative kingdom. Western critics have accused Saudi Arabia of fostering a permissive environment for militancy.

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SPIEGEL ONLINE - 07. Februar 2004, 15:00
URL: http://www.spiegel.de/panorama/0,1518,285422,00.html
Interview zum Mzoudi-Freispruch
"Es ist selbstm?rderisch"
Die US-Nebenkl?gerin und Schwester eines Opfers des 11. September, Debra Burlingame, bedauert den Freispruch des in Hamburg angeklagten Abdelghani Mzoudi: "Er w?nscht Ungl?ubigen den Tod."
DDP
Mzoudi: Freispruch in Hamburg
SPIEGEL ONLINE: Frau Burlingame, sicher h?tten Sie Abdelghani Mzoudi gern f?r lange Zeit hinter Gitter gesehen. Halten Sie den Freispruch f?r einen Fehler des deutschen Rechtssystems?
Burlingame: Ich will das Rechtssystem nicht kritisieren, aber hat dieses Urteil Bestand, kann Mzoudi nie wieder in Deutschland wegen des 11. September angeklagt werden, selbst wenn sich neue Beweise finden. Das ist furchtbar. Ich bin ?berzeugt, dass die deutschen Richter das, was sie f?r rechtm??ig halten, umsetzen, aber ich stimme nicht mit ihren Schl?ssen ?berein: Mzoudis Freunde haben die weltoffene Stadt Hamburg ausgew?hlt, um ihre Tat zu planen. Und jetzt k?nnen sich solche Leute immer noch hinter dem Gesetz verstecken.
SPIEGEL ONLINE: Das Gericht hat versucht, Aussagen des mutma?lichen 11. September-Planers Ramzi Binalshibh zu bekommen, der mit Mzoudi in Hamburg lebte und von den USA festgenommen wurde. Die Richter erhielten aber nur einen knappen Vermerk, demzufolge Binalshibh Mzoudi entlastet habe. Sind sie ver?rgert ?ber die US-Regierung, die weitere Protokolle gesperrt und die Aufkl?rung damit behindert hat?
Burlingame: Es verwundert mich, dass die Aussagen Binalshibhs eine solche Bedeutung bekommen haben. Er hat allen Grund zu l?gen, warum um Himmels willen sollte er Mzoudi beschuldigen? Die Terroristen wurden darin trainiert, wie sie nach einer Festnahme t?uschen und tricksen m?ssen. Wenn die Regierung Binalshibh dem Gericht ?berlassen h?tten, h?tte er neue Operationen verraten oder berichten k?nnen, wonach er von den Vernehmern gefragt wurde und was er geantwortet hat. Noch sind gesuchte Mitverschw?rer des 11. September auf der Flucht, und man kann davon ausgehen, dass es neue Terrorpl?ne gibt. Eine Aussage von Binalshibh h?tte die Ermittlungen gef?hrdet. Aber so oder so - was w?re sie schon wert?
SPIEGEL ONLINE: Finden Sie es so verwunderlich, dass ein Gericht das lieber selbst beurteilen w?rde?
Burlingame: Ich w?rde die Aufregung verstehen, wenn Binalshibh ein neutraler Zeuge w?re. Stattdessen lassen die Richter Mzoudi auf Grund der Aussagen eines Komplizen frei. Es f?llt mir schwer, das zu verstehen.
SPIEGEL ONLINE: Auch das amerikanische Gericht, das sich mit dem 11. September-Verd?chtigen Zacarias Moussaoui befasst, will Binalshibh als Zeugen h?ren.
Burlingame: Stimmt, aber wenn es Moussaoui frei l?sst, gibt es immer noch die M?glichkeit, ihn als feindlichen K?mpfer zu behandeln.
SPIEGEL ONLINE: Wollen Sie damit sagen, dass die US-Regierung ihn dann vor ein Milit?rtribunal stellt? Eine seltsame Rechtsauffassung.
Burlingame: Sie wird ihn nicht gehen lassen. Wir alle befinden uns in einem langen Krieg gegen den Terrorismus. Die demokratischen Staaten m?ssen endlich erkennen, dass Terroristen Vorteile aus unserem menschlichen Umgang mit ihnen ziehen.
SPIEGEL ONLINE: Die Antwort der US-Regierung darauf sind Milit?rtribunale und die Zellen von Guantanamo. Gibt sie nicht gerade die freiheitlichen Prinzipien auf, die zu verteidigen sie f?r sich in Anspruch nimmt?
Burlingame: Es ist verst?ndlich, dass die Vereinigten Staaten nach einer solchen Attacke so reagieren. Bedenken Sie: 3000 Leute wurden umgebracht, und vermutlich waren die Terroristen entt?uscht, dass es nicht mehr waren. Die allermeisten Leute sind in Guantanamo, weil es Hinweise gibt, dass sie das Gesetz gebrochen haben. Ich glaube nicht, dass gesetzestreue B?rger etwas f?rchten m?ssen, und ich sehe nicht, dass Freiheitsrechte zur?ck gedr?ngt werden. Wenn ich Leute frage: Wo sind Sie pers?nlich eingeschr?nkt, kann mir niemand ein Beispiel nennen. Das ist ein rein akademisches Problem.
SPIEGEL ONLINE: Da Sie sicher nicht mit Terrorverd?chtigen gesprochen haben, unterstelle ich mal, dass Sie B?rgerrechte f?r sie nicht uneingeschr?nkt gelten lassen wollen.
Burlingame: Das w?re aus meiner Sicht auch falsch. Denken Sie an Mzoudi: Der bestreitet zwar, mit dem 11. September etwas zu tun zu haben, andererseits w?nscht er Ungl?ubigen den Tod. Damit geh?rt er f?r mich in die Kategorie: Ist er kein Terrorist, w?re er einer. Vergessen sie nicht, dass diese Leute uns zerst?ren wollen. Es ist selbstm?rderisch, sie zu sch?tzen.
SPIEGEL ONLINE: Was hoffen sie jetzt, da er frei ist?
Burlingame: Dass er nicht noch in Deutschland sein Studium beenden darf, wie er es plant. Mzoudi sa? mit den sp?teren Todespiloten zusammen und diskutierte den Hass auf die Welt, auf Amerika, die Juden. Und diese Typen will die deutsche Regierung willkommen hei?en?
SPIEGEL ONLINE: Ganz so ist es nicht. Er soll in seine Heimat Marokko ausgewiesen werden.
Burlingame: Und ich hoffe, dass Marokko ihn an die USA ?bergibt. Dann k?nnen wir ihn hier vor Gericht stellen.
Das Interview f?hrte Dominik Cziesche
? SPIEGEL ONLINE 2004
Alle Rechte vorbehalten
Vervielf?ltigung nur mit Genehmigung der SPIEGELnet GmbH

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German chancellor faces call for elections
Bertrand Benoit in Berlin
Published: February 8 2004 18:57 | Last Updated: February 8 2004 18:57
German opposition leaders called for fresh elections on Sunday as senior Social Democrats stepped up their attacks on Gerhard Schr?der, the chancellor, after his resignation as Social Democratic party chairman.
The attacks showed Mr Schr?der's resignation - a rare admission of defeat for a politician used to prevailing over critics - had profoundly shaken his authority. They also underlined how little of the chancellor's modernising ardour had percolated through the party in his five years as chairman.
In an unprecedented move by a chancellor, Mr Schr?der said on Friday he would hand over the chair to Franz M?ntefering, parliamentary floor leader. The party's executive endorsed the decision on Saturday ahead of an extraordinary congress on March 21, when it will be ratified.
Instead of silencing critics who had grown louder in recent weeks, the move prompted several SPD officials to suggest that Mr Schr?der had reached the end of his political career or that the government should roll back some of his reforms.
Heiko Maas, SPD leader in the state of Saarland, said the chancellor's decision, made last summer, to lead the party into a general election for the third time in 2006 should not be taken for granted. "Who runs will depend on the course of the next two years," Mr Maas told the Bild am Sonntag newspaper, later denying it amounted to a call for a different candidate.
Harald Schartau, party chief in North-Rhine Westphalia, said the government should reconsider planned or recent measures resulting in additional costs for pensioners and medical patients. Wolfgang Thierse, deputy SPD chairman, said there could be "adjustments" to recent healthcare and tax reforms.
Meanwhile, Angela Merkel, leader of the opposition Christian Democratic Union (CDU), told Welt am Sonntag that Mr Schr?der's resignation as SPD chairman was "the beginning of the end . . . The best solution would be early elections as soon as possible."
The CDU and the CSU, its Bavarian sister party, enjoy a strong lead in opinion polls but their leaders are deeply divided over policy issues. It is also unclear which of Ms Merkel or Edmund Stoiber, the CSU leader and Bavarian premier, would lead the parties into an early poll.
A Forsa opinion survey showed 59 per cent of respondents against fresh elections, suggesting Mr Schr?der's move was seen as a matter for the SPD and not for the nation. Yet Sunday's attacks testified to the difficulty of the task facing Mr M?ntefering in restoring order in the party.
SPD officials have blamed Agenda 2010, Mr Schr?der's package of social security and labour market reforms adopted shortly before Christmas, for the largest exodus of members since the war and a string of electoral defeats last year. "We are forging ahead with the reforms," Mr M?ntefering countered on Sunday. "Agenda 2010 was ratified by two party congresses. We must all accept this. We are not going into reverse gear."
The collapse of the SPD's popularity has been of particular concern in the L?nder, where regional SPD organisations and governments will be on the electoral front line with 14 elections due this year.
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Gerhard Schr?der abandonne la pr?sidence d'un SPD traumatis?
LE MONDE | 07.02.04 | 14h28
Le chancelier allemand, Gerhard Schr?der, a annonc?, vendredi 6 f?vrier, sa d?mission de la pr?sidence du SPD, mettant en avant les "difficult?s de communication" pour expliquer au Parti social d?mocrate la n?cessit? des r?formes engag?es depuis quinze mois. M.Schr?der tire ainsi les le?ons d'une opposition grandissante ? sa politique au sein m?me de sa formation. L'Agenda 2010 pr?voit de profonds changements dans les principaux secteurs de l'emploi, de la protection sociale et de la fiscalit?. En chute libre dans les sondages, le SPD doit ?galement subir une v?ritable h?morragie de militants. Cette ann?e, plusieurs ?lections r?gionales et locales importantes sont pr?vues cette ann?e. Franz M?ntefering, actuel pr?sident du groupe SPD au Bundestag, succ?dera ? Gerhard Schr?der ? la t?te du parti.
Berlin de notre correspondant
Tirant les le?ons de l'impopularit? croissante de son programme de r?formes aupr?s de la base du Parti social-d?mocrate (SPD), le chancelier Gerhard Schr?der en a abandonn? spectaculairement la pr?sidence, vendredi 6 f?vrier.
Il a aussit?t proposer de la confier ? un de ses fid?les, le pr?sident du groupe parlementaire du SPD au Bundestag, Franz M?ntefering.
Cette grogne ?tait mont?e d'un cran, ces derniers jours, apr?s plusieurs cafouillages au niveau du gouvernement et la proposition de cr?er des universit?s d'?lite en Allemagne. Les sondages sont catastrophiques pour le SPD, cr?dit? par l'un d'eux de seulement 24 % des intentions de vote, et ce avant de nombreux rendez-vous ?lectoraux pr?vus cette ann?e aux niveaux local et r?gional.
La rumeur d'une d?mission a commenc? ? courir vendredi vers midi, lorsque le service de presse du SPD a annonc? de fa?on inattendue que Gerhard Schr?der, flanqu? de Franz M?ntefering, donnerait une conf?rence de presse ? 13 h 30. C'?tait bien d'une d?mission qu'il s'agissait, mais de celle de la pr?sidence du parti, fonction que le chancelier occupait depuis avril 1999, lorsqu'il avait remplac? Oskar Lafontaine, son ministre des finances, qui, en d?saccord avec une politique gouvernementale trop lib?rale ? son go?t, avait claqu? la porte du gouvernement.
Il n'a fallu que quelques minutes ? un chancelier ? la mine sombre pour annoncer aux dizaines de journalistes accourus en h?te sa d?cision de "se licencier", comme l'indique la cruelle manchette du Berliner Zeitung. Le chancelier a justifi? sa d?marche par les "difficult?s de communication" pour expliquer ? la base du parti les r?formes en cours, d?licat euph?misme d?signant la v?ritable fronde qui agite des f?d?rations enti?res du SPD.
Pris par ses obligations gouvernementales et internationales, le chancelier a ajout? qu'il manquait de temps pour s'investir dans le travail de persuasion que n?cessite la mise en ?uvre de "r?formes objectivement n?cessaires". Franz M?ntefering, fid?le parmi les fid?les, s'en chargera. "D?sormais je vais me consacrer enti?rement ? mon travail de chef de gouvernement", a ajout? le chancelier en soulignant que s'il quittait sans plaisir la direction du parti, au moins pouvait-il compter sur le nouveau pr?sident.
CRISE DU PARTI
Evoquant les prises de position et les pol?miques publiques dans sa formation, M. M?ntefering a soulign? que "les querelles internes devaient cesser". D?s samedi, les instances dirigeantes du SPD devaient se r?unir pour ratifier la passation de pouvoir et enregistrer la d?mission concomitante d'Olaf Scholz, secr?taire g?n?ral du SPD, s?v?rement critiqu? par son parti qui le juge peu performant. Un congr?s va ?tre convoqu? ? la fin du mois de mars 2004 pour ent?riner ces changements.
De nombreux sc?narios avaient, ces derni?res semaines, ?t? esquiss?s pour ?valuer ce que pourrait ?tre la r?ponse du chancelier ? la crise de plus en plus d?vastatrice qui frappe son parti. Mais personne n'avait apparemment envisag? qu'il d?missionnerait de son poste de pr?sident. M?me si ce n'est pas une obligation constitutionnelle, c'est en effet le plus souvent au chef du parti majoritaire qu'?choit la chancellerie.
Le c?t? spectaculaire de cette d?mission est en tout cas ? la mesure de la crise en cours. Volant de congr?s en assembl?es g?n?rales, Gerhard Schr?der, en 2003, avait r?ussi ? imposer ? un parti sceptique, voire r?ticent, ses douloureuses r?formes sociales. Mais il ne semble pas avoir eu le m?me succ?s aupr?s d'une population qui, depuis le 1er janvier, subit les premiers effets d?sagr?ables des r?formes de la sant?, du march? du travail, des retraites.
Les derniers sondages indiquent que si les ?lecteurs ?taient demain appel?s ? d?signer leurs d?put?s, ? peine un quart d'entre eux glisseraient dans l'urne un bulletin SPD. Cinquante pour cent, en revanche, voteraient pour les chr?tiens-d?mocrates.
Depuis 1990, le SPD a perdu de fa?on r?guli?re quelque 300 000 adh?rents, sur 950 000. Mais l'inexorable descente, qui va de pair avec une d?syndicalistation significative, s'est acc?l?r?e en 2003, ann?e au cours de laquelle le parti a perdu 40 000 membres.
Ces chiffres sont inqui?tants, alors que cette ann?e, quatorze L?nder et grandes villes renouvelleront leurs d?put?s r?gionaux et leurs conseils municipaux, promettant aux sociaux-d?mocrates de nouvelles d?faites et de nouvelles crises. Les responsables du parti ne parlaient que de cela ces derni?res semaines, haussant de jour en jour le ton de leurs critiques ? l'?gard de la politique comme de la personnalit? du chancelier.
"Le parti doit savoir que l'opposition fait partie de la d?mocratie, mais cette opposition doit venir des autres, pas sortir de nos propres rangs", a d?clar? M. M?ntefering lors de la conf?rence de presse, soulignant bien qu'il s'agissait d?sormais de serrer les rangs. Les m?mes causes produisant les m?mes effets, on voit mal pourtant comment les changements ? la t?te du parti, sans changement de politique susceptible de redonner une cr?dibilit? ?lectorale au SPD, suffiront ? ramener le calme.
Georges Marion
* ARTICLE PARU DANS L'EDITION DU 08.02.04
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Brussels reforms too slow, says Gordon Brown
By Ben Hall, Political Correspondent
Published: February 8 2004 21:54 | Last Updated: February 8 2004 21:54
Europe has been too slow in delivering economic reform and faces a struggle if it is to meet its target of becoming the world's most dynamic economy by 2010, Gordon Brown says in a report on Monday.
The report comes just weeks ahead of next month's Budget in which the chancellor is expected to rule out holding a new set of assessments on joining the euro. Mr Brown has always linked economic reform to British membership so the report will be a further blow to prospects for early British entry.
In its submission to next month's summit on economic reform in the European Union - the third such meeting since the process was launched in Lisbon in 2000 - the Treasury praises other governments for taking "tough decisions" to implement domestic reforms aimed at making their economies more flexible.
But the Treasury sounds a gloomy note about the EU's ability to raise its overall rate of employment to 70 per cent, perhaps the most important and challenging target set by prime ministers four years ago.
"The stark reality facing the Union is that these targets will not be met without a substantial increase in future rates of employment growth," the report says.
"Even in a more favourable global economic climate, job creation of this magnitude will be hard to deliver."
Amid recent optimism about prospects for the UK and global economies, Mr Brown believes the one dark spot is the slow pace of economic reform in Europe.
"Europe's recovery from the recent global slowdown highlights the nature of the challenge," the report says. "Compared with the US, the European economy has failed to recover as strongly, several member states experiencing recession. This cannot be explained by reference to cyclical factors alone."
The chancellor urges political leaders to do more to explain why Europe needs to liberalise its markets in products and services, make labour markets more flexible and restructure tax and benefit systems to promote employment. "Too often the underlying aim of the Lisbon agenda is not clear enough."
Mr Brown wants the European Commission to appoint a vice-president to take charge of reform so Brussels can give more leadership and impetus to the process.
The report also underlines Britain's determination - shared by France, Germany and other governments - to keep EU spending at the current level of 1 per cent of EU gross national income. The Commission will this week present plans to lift spending to 1.24 per cent of EU GNI in 2007-2013.
The government believes that a string of presidencies led by reform-minded governments - Ireland, the Netherlands, Luxembourg and Britain - provide an opportunity to renew the commitment to the competitiveness agenda.
Among Britain's priorities are measures to cut red tape and extend the single market in services, a more proactive approach to competition policy and a crackdown on the most "distortive" state aid while allowing flexibility to deal with "market failure".
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IDF to pay big time to fix reservist call-up system
By Haaretz Staff
The Israel Defense Forces is expected to pay tens of millions of shekels in the upcoming months to fix a computerized call-up system for reservists. The system was installed just two years ago, and was meant to call reservists to their units as part of a "quiet call-up."
The original system contained a 9-digit field for reservists' mobile telephone numbers. In a few months, however, all cellular telephone numbers are to be changed to 10-digit numbers, and therefore, the system has to be updated accordingly.
The financial daily Globes reported yesterday that the IDF has appointed a special committee to look into the impact of this move. Various sources said that the repercussions could cost tens of millions of shekels.
The IDF took much pride when it inaugurated the new computerized dialing system two years ago. Instead of dispatching special reserve soldiers, the system automatically calls the reservists' cell phone, home, and place of work to pass on messages concerning his unit. The reservist needs to punch in his personal number and confirm that he has received the message.
The system, developed by a civilian company, proved to be very successful in trials and exercises. The planners, however, did not take one factor into consideration, namely that additional digits may be added to the cell phone numbers. The army will also look into expanding the fields for personal and other telephone numbers to prevent future problems.
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More money needed `to minimize fence's harm to Palestinians'
By Amnon Barzilai
The defense establishment is asking the government to add hundreds of millions of shekels to the budget for the construction of the separation fence, to finance measures to ease the disruptions that the barrier has created in the daily lives of Palestinians who live west of it.
If the addition is approved, the total budget for building the fence this year would come to over NIS 3 billion. This figure is predicated on the construction of 265 kilometers of fencing this year, at an average cost of NIS 10.5 million per kilometer.
In response to the international criticism of the way the fence's route interferes with Palestinians' daily lives, the Israel Defense Forces' deputy chief of staff, Major General Gabi Ashkenazi, set up a task force to draft proposals for improving the situation. The task force proposed a number of recommendations, including the following:
l Dozens of alternative roads, tunnels and gates in the fence should be built to connect Palestinian villages to major urban centers in the West Bank, or to other nearby villages, in cases where existing transit routes have been disrupted by the fence. Work on the first underground road, between the village of Habla and Qalqilyah, began last week.
l Israel should fund organized transportation for schoolchildren whose homes are separated from schools in another village by the fence. The IDF has already allocated NIS 160,000 to bus children in Hirbat Shabra.
l Israel should finance the establishment of a dialysis unit at Makassed Hospital in East Jerusalem to ease the problems currently encountered at roadblocks by Palestinians trying to reach Jerusalem's Hadassah Hospital for this purpose. In addition, five Palestinian ambulances should be placed under close IDF supervision, and these ambulances should then be allowed to pass through roadblocks swiftly, without the lengthy security checks to which ordinary Palestinian ambulances are subjected for fear that they might be smuggling explosives.
At a meeting with Defense Minister Shaul Mofaz last Thursday, officials in charge of the fence's construction said that the work was currently on schedule, meaning that by the end of the year, stage three of the construction will be completed and work will have begun on stage four. To date, almost 200 kilometers of fencing have been completed; if this year's timetable is met, there will be 461 kilometers of finished fence by the end of the year.
In total, the fence is slated to be 705 kilometers long; of this, 151 kilometers is the Ariel salient, which is slated to be built only in 2005.
The officials also told Mofaz that the 20-kilometer section of the fence from Har Avner to Tirat Zvi would be completed by July 2004.
One problematic section of the fence is the area around Baka al-Sharkiyeh. The fence was originally slated to pass east of this town, but the army later reconsidered and decided instead to raze 40 illegal buildings located between Baka al-Sharkiyeh and the Israeli town of Baka al-Garbiyeh, thereby enabling the fence to be built on the Green Line, west of Baka al-Sharkiyeh. This 8.5-kilometer section of the barrier, of which 800 meters will be an eight-meter-high wall, is slated to be completed by the end of this month.
In the meantime, however, the army has already wasted NIS 140 million on the abandoned route east of Baka al-Sharkiyeh; it is now considering razing these portions of the fence.
Completion of both the Baka al-Sharkiyeh and the Har Avner-Tirat Zvi segments will produce a continuous 196-kilometer stretch of fence running from the Jordan River to Elkana.

Posted by maximpost at 10:36 PM EST
Permalink

>> GROAN...

Fusion power
Bouillabaisse sushi
Feb 5th 2004
From The Economist print edition
A site will soon be chosen for a new international fusion reactor. This is a pity
IF AVANT-GARDE cuisine is any guide, Japanese-French fusion does not work all that well. And the interminable discussions over the International Thermonuclear Experimental Reactor (ITER) suggest that what is true of cooking is true of physics. Japan and France (along with much of the rest of Europe, under the banner of an organisation called Euratom) are supposed to be joining America, China, Russia and South Korea in a project called ITER, which aims to build a fusion reactor.
Such a reactor would generate power by merging the nuclei of hydrogen atoms, and thus liberating the so-called binding energy whose absence, paradoxically, helps to hold complicated atomic nuclei together. This is a process similar to the one that powers the sun. Moreover, unlike previous attempts to do so, ITER would produce more energy than it consumed in getting the hydrogen nuclei hot enough to fuse in the first place.
The current imbroglio is over who gets the reactor, and with it the economic boost of a multibillion-dollar construction project. The two sites remaining in the competition are Cadarache in France and Rokkasho in Japan.
America is siding with Japan, while the French have the backing of the Chinese and the Russians. The South Koreans seem to be sitting on the fence, although leaning--if that is not stretching the metaphor too far--towards Europe. Meetings of ministers in December failed to resolve the issue (indeed, Canada withdrew from the project entirely) and the date for a decision keeps getting pushed back. According to spokesmen from the Japanese embassy in London, early March is now the target.
It is unusual for ministers to be discussing scientific projects of this nature, even ones as expensive as ITER. But the reason for all the attention is not that politicians have suddenly developed a particular interest in physics, but that the question of where to put ITER has become--so observers believe--another proxy for the debate over the war on Iraq. America is commonly thought to be supporting Rokkasho in return for Japan's support in Iraq. Meanwhile, the Russians and Chinese may be trying to spite the Americans by siding with the French. Nor are the French helping the situation by threatening (unlike the Japanese) to pull out of the project entirely if they do not get their way.
One ludicrous compromise would place the reactor in Japan and the data and control centre in France, or vice versa. Such gerrymandering recalls the worst of the International Space Station, a collaborative effort which is a scientific boondoggle, and contrasts badly with collaborations such as CERN, the European centre for particle physics, which is a model for international co-operation on big science projects. So, given ITER's price tag (about $5 billion to build, and another $5 billion in running costs for a 20-year operational lifespan and a ten-year decommissioning period), it might not be a bad outcome if the whole thing did go belly up. Although visionaries have long been lured to the idea of fusion because the fuel, being a constituent of water, is unlikely ever to run out, the economics of the process are dubious.
Boon or boondoggle?
Sceptics (including this newspaper) have pointed out that workable fusion power has seemed perpetually 30 years away since the first experiments were done in the 1950s. Even if the 30-year horizon were actually true on this occasion, the discount rate over three decades, and the opportunity cost of all those billions, would probably make it uneconomic. Nor is the world in obvious need of another way to generate electricity.
There are, of course, arguments on the other side. On the 30-year-horizon question Robert Goldston, the head of the Princeton Plasma Physics Laboratory (PPPL), America's premier fusion laboratory, points out that, although a forecast made in 1980 that an ITER-like project would be finished by now has obviously not come true, that projection relied on America's fusion budget increasing three-fold. Instead, he says, the budget was slashed by a factor of three.
In addition, Gia Tuong Hoang and Jean Jacquinot of Euratom point out in an article in the January issue of Physics Today that the performance of fusion reactors like those at PPPL and ITER has been doubling every 1.8 years. This, they observe, beats Moore's law, the famous observation that the number of transistors on a computer chip doubles every two years.
On the face of it, that sounds impressive. But even if this trend continues, it will take, according to a report compiled last year by Britain's Parliamentary Office of Science and Technology, until 2043 for fusion to become commercially viable. This forecast is even worse than the traditional 30-year horizon. A doubling every 1.8 years would lead to something like a 4m-fold improvement in performance over four decades. That sounds impressive but, in fact, it shows just how primitive existing fusion technology is. And the analogy with Moore's law is specious for another reason. Even the most primitive computer chips were useful, and found a market. Commercially, fusion is just money down the drain until a reactor that is powerful and reliable enough can be built.
And so fusion advocates are reduced to the last refuge of the desperate engineer--spin-offs. No doubt these would come. Reactors of the ITER design, known as tokamaks (from the Russian for "toroidal magnetic chamber"), look like giant, hollow doughnuts. They work by heating special isotopes of hydrogen contained in the hollow of the doughnut to the point where the electrons and atomic nuclei in the gas part company to create an electrically conducting mixture called a plasma. Further heating speeds the nuclei up to the point where, if they collide, they merge and release the binding energy that will eventually, so the plan goes, be harnessed to make electricity.
Some spin-offs may come from a better understanding of high-temperature plasmas, though they are hard to predict. More plausible spin-offs would be in the field of superconductivity. The electromagnets needed to "confine" the hydrogen while it is heated to fusion temperatures will rely on superconducting wire to feed electricity to them. Superconductivity (which employs a combination of special materials and low temperatures to achieve resistance-free electrical transmission) is another "nearly" technology which has been promising more than it has delivered for many decades. But it is a lot more "nearly" than fusion, and a concerted, technically demanding push in this area might, just, bring it to the point where it could break out of the specialist applications to which it is now confined and contribute to, say, long-distance power transmission.
Whether these spin-offs would justify the price-tag, though, is questionable. If they are worth pursuing, it would surely be better to invest in projects focused on them, rather than hoping they will magically emerge from something else. All in all, ITER seems more boondoggle than boon. Governments should spend their research money on other things.
Copyright ? 2004 The Economist Newspaper and The Economist Group. All rights reserved.
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Cosmology
Things fall apart
Feb 5th 2004
From The Economist print edition
What if the dark energy and dark matter essential to modern explanations of the universe don't really exist?
IT WAS beautiful, complex and wrong. In 150AD, Ptolemy of Alexandria published his theory of epicycles--the idea that the moon, the sun and the planets moved in circles which were moving in circles which were moving in circles around the Earth. This theory explained the motion of celestial objects to an astonishing degree of precision. It was, however, what computer programmers call a kludge: a dirty, inelegant solution. Some 1,500 years later, Johannes Kepler, a German astronomer, replaced the whole complex edifice with three simple laws.
Some people think modern astronomy is based on a kludge similar to Ptolemy's. At the moment, the received wisdom is that the obvious stuff in the universe--stars, planets, gas clouds and so on--is actually only 4% of its total content. About another quarter is so-called cold, dark matter, which is made of different particles from the familiar sort of matter, and can interact with the latter only via gravity. The remaining 70% is even stranger. It is known as dark energy, and acts to push the universe apart. However, the existence of cold, dark matter and dark energy has to be inferred from their effects on the visible, familiar stuff. If something else is actually causing those effects, the whole theoretical edifice would come crashing down.
According to a paper just published in the Monthly Notices of the Royal Astronomical Society by Tom Shanks and his colleagues at the University of Durham, in England, that might be about to happen. Many of the inferences about dark matter and dark energy come from detailed observations of the cosmic microwave background (CMB). This is radiation that pervades space, and is the earliest remnant of the Big Bang which is thought to have started it all. Small irregularities in the CMB have been used to deduce what the early universe looked like, and thus how much cold, dark matter and dark energy there is around.
Dr Shanks thinks these irregularities may have been misinterpreted. He and his colleagues have been analysing data on the CMB that were collected by WMAP, a satellite launched in 2001 by NASA, America's space agency. They have compared these data with those from telescopic surveys of galaxy clusters, and have found correlations between the two which, they say, indicate that the clusters are adding to the energy of the CMB by a process called inverse Compton scattering, in which hot gas boosts the energy of the microwaves. That, they say, might be enough to explain the irregularities without resorting to ghostly dark matter and energy.
Dr Shanks is not the only person questioning the status quo. In a pair of papers published in a December issue of Astronomy and Astrophysics, Sebastien Vauclair of the Astrophysics Laboratory of the Midi-Pyr?n?es, in Toulouse, and his colleagues also report the use of galaxy clusters to question the existence of dark energy. But their method uses the clusters in a completely different way from Dr Shanks, and thus opens a second flank against the conventional wisdom.
Cosmological theory says that the relationship between the mass of a galaxy cluster and its age is a test of the value of the "density parameter" of the universe. The density parameter is, in turn, a measure of just how much normal matter, dark matter and dark energy there is. But because the mass of a cluster is difficult to measure directly, astronomers have to infer it from computer models which tell them how the temperature of the gas in a cluster depends on that cluster's mass.
Even measuring the temperature of a cluster is difficult, though. What is easy to measure is its luminosity. And that should be enough, since luminosity and temperature are related. All you need to know are the details of the relationship, and by measuring luminosity you can backtrack to temperature and then to mass.
That has been done for nearby clusters, but not for distant ones which, because of the time light has taken to travel from them to Earth, provide a snapshot of earlier times. So Dr Vauclair and his colleagues used XMM-Newton, a European X-ray-observation satellite that was launched in 1999, to measure the X-ray luminosities and the temperatures of eight distant clusters of galaxies. They then compared the results with those from closer (and therefore apparently older) clusters.
The upshot was that the relationship between mass and age did not match the predictions of conventional theory. It did, however, match an alternative model with a much higher density of "ordinary" matter in it.
That does not mean conventional theory is yet dead. The Newton observations are at the limits of accuracy, so a mistake could have crept in. Or it could be that astronomers have misunderstood how galaxy clusters evolve. Changing that understanding would be uncomfortable, but not nearly as uncomfortable as throwing out cold, dark matter and dark energy.
On the other hand, a universe that requires three completely different sorts of stuff to explain its essence does have a whiff of epicycles about it. As Albert Einstein supposedly said, "Physics should be made as simple as possible, but not simpler." Put Dr Shanks's and Dr Vauclair's observations together, and one cannot help but wonder whether Ptolemy might soon have some company in the annals of convoluted, discarded theories.
Copyright ? 2004 The Economist Newspaper and The Economist Group. All rights reserved.

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Big Brother in Britain: Does more surveillance work?
By Mark Rice-Oxley | Correspondent of The Christian Science Monitor
KINGSTON, ENGLAND - It was all over in 54 seconds. One moment the four friends were strolling home after a night out, the next they were nursing injuries inflicted by a knife-wielding assailant.
Another sad tale of crime and impunity in modern Britain? Not quite, for the incident last April in this town in southeast England was filmed from start to finish on surveillance cameras. Police were rapidly alerted; a suspect was quickly identified, apprehended, convicted, and sentenced. Case closed.
It's successes like these that are giving CCTV, or closed-circuit television, a good name in Britain. The technology has become popular and widespread, with the result that Britons are by far the most watched people on earth, with one camera for every 14 people, according to recent estimates.
More than 4 million cameras observe all aspects of life, from town centers to transport systems, office towers to banks, commercial zones to residential areas, restaurants, bars, and even churches.
In 1990, just three towns had systems. Now some 500 do, after a decade in which more than ?250 million ($460 million) of public money was funneled into CCTV systems.
"The British public seem to like it," says Martin Gill, professor of criminology at Leicester University. "One of the great problems of our lives is crime and disorder, and people feel it can be tackled by having cameras on the wall."
But serious question marks hang over the technology and its dark Orwellian implications. Many cameras are hidden or not signposted, in breach of regulations. Several cases of abuse have been documented, raising fears of snooping or worse.
Civil liberty groups complain that the intrusive lens scanning for suspicious characters contravenes that pillar of civil society - the presumption of innocence.
Research meanwhile suggests that the camera systems may not actually deter criminals.
"One of the concerns about CCTV is that it can give a false sense of security," says Barry Hugill of Liberty, a civil liberties and human rights group based in London. "I suspect that the reason why people are happy with CCTV is that they say it makes us safer and stops crime. But we don't think there's evidence that that is the case."
Indeed, research has yet to support the case for CCTV.
A government review 18 months ago found that security cameras were effective in tackling vehicle crime but had limited effect on other crimes. Improved streetlighting recorded better results.
A new report being drawn up by Professor Gill for the government promises to be no more favorable in its assessment of CCTV as a crime-fighting tool.
"I have talked to offenders about this," says Gill. "They say they are not concerned by security cameras, unless they were actually caught by one."
Britain is a case apart from Europe, where most countries embraced the technology only in the late 1990s - and then with caution. According to researchers now preparing a report on comparative systems, France tends to limit coverage to high-risk locations and public buildings, while in Spain, surveillance is tightly controlled. In Austria, it is used primarily for traffic and transport systems. In Germany, it was severely restricted in public spaces until recently.
But in Britain, the public has had a soft spot for CCTV ever since it was used to dramatic effect to solve a wretched crime more than 11 years ago.
Most people can still picture the grainy footage of two juveniles leading 2-year-old Jamie Bulger by the hand out of a shopping mall in Liverpool. He was found dead days later. Without those images, experts say, police would have been looking for a culprit with an entirely different profile from the 11-year-old offenders.
"Since Jamie Bulger's case over here, the public see CCTV not as Big Brother but as a benevolent father," says Peter Fry, director of the CCTV user group, a 600-member association of organizations who use the technology.
"If you ask the public what they would like to do about crime, No. 1 is more police on the street and No. 2 is more CCTV," he adds.
The trend coincides with a growing culture of snooping in Britain, where speed cameras rule the highway, residents post their own cameras to spy on trespassers, and the favorite TV shows revolve around hidden cameras observing bland people lounging around.
But not everyone is reassured by the idea of lenses capable of reading a car license plate from half a mile away. Anecdotal evidence suggests the technology can be used for voyeurism, and concerns remain about who gets access to the tapes, which are typically held for a month before being erased.
In one case, a man's attempted suicide was caught on camera and passed on to television. Mr Lazell says he sometimes gets individuals calling on him to use the technology to spy on partners.
Prof. Clive Norris, deputy director of the center for criminological research at Sheffield University, told a recent conference that the technology "enables people to be tracked and monitored and harassed and socially excluded on the basis that they do not fit into the category of people that a council or shopping center wants to see in a public space."
Legislation requires authorities to clearly signal where cameras are in operation, yet as many as 80 percent are thought to break this rule.
Some cameras are being developed with face-recognition technology that raises further alarms.
"There are privacy concerns," says Mr Hugill of Liberty. "There are people who believe that we have fundamental human right to go about our business without being spied on. CCTV is spying. It's monitoring your every move."
Naturally, surveillance enthusiasts scoff at such logic, saying that operators will not be focusing on the average member of the public, but on anyone acting out of the ordinary.
For Mr. Lazell, it's a trade-off: a little liberty for greater security.
"All progress offers compromise," he comments. "Would you be prepared to take down all cameras in the Underground and let terrorists move about without being seen?"
from the February 06, 2004 edition - http://www.csmonitor.com/2004/0206/p07s02-woeu.html

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Britain's latest security bid: a national ID card
Blair's cabinet announced this week that it will phase in cards that will ultimately become mandatory.
By Mark Rice-Oxley | Correspondent of The Christian Science Monitor
LONDON - Britain's growing preoccupation with Big Brother surveillance is set to be transformed by government plans to issue identity cards.
In a clear sign of a continuing post-9/11 concern for security, Prime Minister Tony Blair's cabinet served notice this week of its intention to introduce the high-tech cards, which will contain personal details and biometric data about individuals.
The cards will be linked to a national database that will be able to authenticate identities. The system is to be phased in over several years, but the government ultimately expects it to be compulsory.
Police have welcomed the move, saying it will help combat terrorism and illegal immigration. The government also hopes to wield the technology to fight employment and benefit fraud.
But opponents argue that the move will do little to hamper real criminals or terrorists, and mutter darkly about Orwellian tendencies and assaults on personal freedoms.
There is also concern about the scheme's steep cost, evaluated at about ?3 billion ($5 billion), not to mention the untried technology, which includes iris scanning and possibly fingerprinting for 60 million people.
"We think it's unnecessary, expensive, and will almost certainly lead to infringement of basic civil liberties," says Barry Hugill of the human rights group Liberty. "It is stated that an ID card would help in the battle against terrorism. I have never seen any evidence to back this up."
The ID program will enhance a growing surveillance culture in a country that often is extremely touchy on issues such as asylum, immigration, terrorism and street crime.
It also puts Britain out in front of five English-speaking countries that have mulled the idea - though only Canada is actively examining a national card.
Mindful of the controversy, the British plan involves a gradual approach. The national database will be built over the next three years, and the card will be tested on a trial group and then offered as a voluntary piece of ID.
But it will be compulsory for anyone replacing an expiring passport or applying for a new driver's license.
The country's 4.6 million foreign nationals will also be required to have the card. Individuals will have to bear the cost - as much as ?77 ($130) - and police and security services will be able to access the data.
The government says that within 10 years, participation will be at 80 percent, paving the way for compulsory, universal cards, which would be needed for everything from job interviews to health checkups and benefit claims. It claims a 60 percent public approval rating in its own surveys.
"It is important to move towards a system where we are able to minimize the risks of fraud and abuse and, indeed, minimize the threats to our security," Mr. Blair said as the plans were unveiled this week.
The counterterrorism argument is a powerful one in Britain at the moment. Earlier this week, a survey by the Control Risks Group consultancy found London to be the preeminent terrorist target in Western Europe.
Police chief Sir John Stevens said that it was "absolutely essential" to have proper means of identification given the "dangerous world we live in."
But critics note that the perpetrators of the Sept. 11 atrocities in New York were all in possession of forged papers.
"The concept that the card will tackle benefit fraud or terrorism is flawed," says Mark Oaten, a member of parliament for the opposition Liberal Democrats. "It could create a false sense of security. The determined terrorist will get through anyway."
Continental Europe's record provides little encouragement. France was no safer from Algerian terrorists in the 1990s because of its ID card. Russian paperwork today appears useless in the face of Chechen suicide bombers.
And police tendencies in these and other countries to target ethnic minorities in ID checks merely fosters resentment. "Anyone dark-skinned is more likely to be targeted," says Mr. Hugill, insisting that this will be the case in Britain, where the police have been accused of being institutionally racist. "The fear remains that cards would lead to the targeting of nonwhite citizens, especially in the current climate of near hysteria surrounding asylum seekers."
"The minute you start valuing security more than liberty, you will create ... problems of resentment and alienation among minority groups," he adds. "This could create an atmosphere in which it is easier for fundamentalists to recruit."
Questions have also been raised about the formidable task of collating - and safeguarding - information. Liberty and other rights groups argue that the cards are a further affront to personal freedom and privacy in a society already bristling with closed-circuit systems and road-traffic cameras.
Not everyone buys theories of a burgeoning Big Brother society. "Anyone who has worked in government thinks it laughable that the state can be watching you 24 hours a day," says Nick Pearce, acting director of the Institute for Public Policy Research. "The Anglo-Saxon world is addressing this debate from a new perspective," he says. "No one pretends ID cards are the answer to terrorism. But they are starting to ask what we need to do to secure our identity in the world and manage migration better."

from the November 14, 2003 edition - http://www.csmonitor.com/2003/1114/p06s01-woeu.html

Posted by maximpost at 9:41 PM EST
Permalink

>> CASCADE?
Report: Al-Qaida has nukes
JPost.com Staff Feb. 8, 2004
Ukraine sold al-Qaida an unknown number of tactical nuclear weapons in 1998, al-Hayat reported, and the terror organization is storing them for possible use.
After the Soviet Union broke up, Ukraine agreed to send 1,900 nuclear warheads back to Russia and sign up to the Nuclear Non-Proliferation Treaty, but up to 100 portable suitcase-sized bombs were unaccounted for, Former Russian National Security Adviser Alexander Lebed said. Each bomb was equivalent to 1,000 tons of TNT, he said.
Moscow has denied such weapons existed.
The deal between al Qaida and the Ukranian source was put into effect when Ukraine scientists visited Kandahar in Afghanistan at the height of the Taliban rule, according to Ynet.
In 1994, under US and Russian pressure, Ukraine removed 1900 nuclear warheads to Moscow and signed the anti-nuclear proliferation agreement. However, three years earlier, former USSR National Security Adviser Alexander Lebed already warned of the missing suitcase bombs.
According to Al Hayat, the weapons are not meant to be used except as a last resort, if the movement itself is in danger or attacked by weapons of mass destruction.
This article can also be read at http://www.jpost.com/servlet/Satellite?pagename=JPost/JPArticle/ShowFull&cid=1076233683082




Al-Qaida Has Nukes?
CAIRO, Egypt (Reuters) -- A pan-Arab newspaper said Sunday that al- Qaida bought tactical nuclear weapons from Ukraine in 1998 and is storing them in safe places for possible use.
There was no independent corroboration of the report, which appeared in Al-Hayat under an Islamabad dateline and cited sources close to al-Qaida, which the United States blames for the attacks of Sept. 11, 2001.
The newspaper said al-Qaida bought the weapons in suitcases in a deal arranged when Ukrainian scientists visited the Afghan city of Kandahar in 1998.
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Report: Al-Qaida has obtained tactical nuclear explosives
By Haaretz Service
Al-Qaida has obtained tactical nuclear explosive devices that can fit inside a suitcase, Israel Radio reported Sunday night citing the Al-Hayat newspaper.
According to the Arabic daily based in London, the devices are not intended for use, except in the event that the existence of the organization is threatened.
The report said that members of Osama bin Laden's group purchased the devices from Ukrainian scientists who sell them to anyone willing to pay the price.

------------------------------------------------

Pakistan Says Europeans Involved in Nuke Scandals
Feb 8, 9:58 AM (ET)
By Philip Blenkinsop
MUNICH, Germany (Reuters) - Pakistan's foreign minister said Sunday he knew the names of "lots of Europeans" involved in the illicit transfer of secrets to countries seeking to develop nuclear weapons.
"Why is there this unhealthy focus on Pakistan? What about others?" Khursheed Mehmood Kasuri told delegates at a security conference in the German city of Munich.
"I know the names. I don't want to spill them... names given to us by the IAEA (International Atomic Energy Agency), by Iran. There are lots of Europeans involved, but there seems to be a focus on Pakistan," he said.
In a televised confession, Pakistan's top nuclear scientist Abdul Qadeer Khan said Wednesday he had acted independently in leaking secrets as head of the country's nuclear program from the 1970s.
The next day, the country's military president, Pervez Musharraf, pardoned the man revered as the father of Pakistan's atomic bomb, while rebuffing calls for an independent inquiry into the military's role.
Many analysts say Khan could not have acted without the knowledge of the military.
Kasuri said it was important to stress that the leaks had not been recent and were mainly during Pakistan's early days of nuclear development when few people were aware of the project.
"Yes our program was covert. Because it was covert there was a danger of this sort of thing," he said.
Khan had been removed when initial intelligence reports indicated smoke even if "fire had not been discovered." Moreover, while Pakistan had not joined the Nuclear Non-Proliferation Treaty, it was committed to fulfilling the non-proliferation requirements, Kasuri said.
It was, he said, not in Pakistan's interests to share its nuclear secrets with others.
Many Pakistanis nevertheless believe Musharraf and top military officers were complicit in the illicit nuclear transfers to Iran, Libya and North Korea.
"It is not something that is in our interests... There has to be a motive, but there was none whatsoever," Kasuri said.
He also said the uranium enrichment technology which Khan appeared to have provided was only part of the know-how required to make nuclear weapons.
"Our nuclear experts tell me you need about 24 different technologies or processes to make nuclear weapons and then to deliver them. Only one of them is the uranium-enrichment process," Kasuri said.
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Pakistani to keep nuke riches
By Victoria Schofield
LONDON SUNDAY TELEGRAPH
ISLAMABAD, Pakistan -- President Pervez Musharraf has pledged that the disgraced founder of Pakistan's nuclear-weapons program can keep the vast wealth he accumulated selling atom bomb-making technology to rogue states around the world.
Gen. Musharraf, just days after provoking worldwide consternation by pardoning Abdul Qadeer Khan for supplying nuclear expertise to Libya, Iran and North Korea, said in an interview with the London Sunday Telegraph that the scientist's property or assets also would be spared.
"He can keep his money," Gen. Musharraf said, adding that there had been good reason not to investigate the origin of Mr. Khan's suspicious wealth before 1998, when Pakistan successfully tested its first nuclear weapon.
"We wanted the bomb in the national interest, and so you have to ask yourself whether you act against the person who enabled you to get the bomb."
Mr. Khan is believed to have earned millions of dollars from his sale of nuclear know-how, beginning in the late 1980s. Much of the money was funneled through bank accounts in the Middle East.
His assets include four houses in Islamabad worth an estimated $2.8 million, a villa on the Caspian Sea, a luxury hotel in Mali and a valuable collection of vintage cars.
Gen. Musharraf said he understood the need for Pakistani scientists to develop a secret overseas network when building their first nuclear weapon.
"Obviously, we made our nuclear strength from the underworld," he said. "We did not buy openly. Every single atomic power has come through the underworld, even India."
Mr. Khan, 69, last week made a televised confession of his wrongdoing after government investigators confronted him.
Despite being granted a pardon, he is under house arrest and forbidden to give interviews.
"He should not talk for some time," Gen. Musharraf told the Sunday Telegraph.
The Bush administration termed Mr. Khan's legal plight "a matter for Pakistan to decide," but publicly praised Gen. Musharraf for shutting down Mr. Khan's nuclear sales network.
Within Pakistan, criticism has been directed at the government for its treatment of a man nationally revered as the "father of the bomb."
Mr. Khan's supporters filed a habeas corpus petition to be heard tomorrow by the Lahore High Court, asking it to end the "media trial" of a "national hero."
Opposition parties, meanwhile, took advantage of the growing groundswell of support for Mr. Khan to renew their attacks on Gen. Musharraf, who came to power in a military coup four years ago.
The Pakistan People's Party, led from exile by former Prime Minister Benazir Bhutto, says it doubts the authenticity of Mr. Khan's admission, which it claims was made "under duress."
Mr. Khan initially was reported to have told government investigators that he did nothing without the knowledge of Pakistan's military chiefs, including Gen. Musharraf. In his televised confession, however, he said he had no authorization from the government.
Imran Khan, who leads the Pakistan Tehrik-e-Insaaf (PTI) party, contends that Gen. Musharraf pressured Mr. Khan to safeguard his own reputation.
"It could not be possible that nuclear technology was transferred without the knowledge of top military officials," the party leader said.
Mr. Khan's evolution into national hero began soon after India shocked its neighbor with its first nuclear bomb test in 1974. He promised Pakistan's then-president, Zulfikar Ali Bhutto, Mrs. Bhutto's father, that he could match India's weapon and finally did so in 1998, when Pakistan successfully tested its first nuclear weapon. He became an icon, and his image appeared on billboards and bumper stickers.
Mr. Khan sold nuclear technology almost as fast as Pakistan devised it, offering Saddam Hussein a design for a nuclear weapon in 1990, according to a document seized by U.N. weapons inspectors. The Iraqi leader suspected a trap and declined.
Mr. Khan then sold his designs to Libya, Iran and North Korea.
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Defector: N. Korea Has Uranium Program
TOKYO (AP) -- A top-ranking North Korean defector said the North launched a uranium-based nuclear weapons program in 1996 with the help of Pakistan, a Japanese newspaper reported Sunday.
Hwang Jang Yop, a former mentor to North Korean leader Kim Jong Il, told the Tokyo Shimbun in an interview that a top military official told him eight years ago about an agreement with Pakistan to develop an enriched uranium weapons program.
Since 2002, the United States has contended that North Korea has been developing uranium-based nuclear weapons as a supplement to its long-standing plutonium-based nuclear capability.
While there is no dispute about the plutonium program, North Korea has persistently denied U.S. allegations about the uranium-based project.
"Jon Pyong Ho came to me, as the person responsible for international affairs, asking 'Can we buy some more plutonium from Russia or somewhere? I want to make a few more nuclear bombs,'" the newspaper quoted Hwang as saying.
"But then, before the fall of 1996, he said 'We've solved a big problem. We don't need plutonium this time. Due to an agreement with Pakistan, we will use uranium.'"
Jon is a member of North Korea's National Defense Committee and a secretary of the country's ruling Workers' Party. Hwang, who defected to South Korea in 1997, was a former chief of North Korea's Parliament.
According to Pakistani government and intelligence sources, equipment including centrifuges for enriching uranium were trafficked from Pakistan from 1989 until the late 1990s. Pakistani officials last week said Abdul Qadeer Khan, founder of the country's nuclear program, had confessed to sending sensitive nuclear technology to North Korea.
The United States and its allies Japan and South Korea are demanding that North Korea eliminate its nuclear weapons program. The countries, together with China and Russia, are to hold a second round of six-nation talks on the North's nuclear program from Feb. 25 in Beijing.
A Bush administration official said Friday, however, that China refuses to accept the U.S. contention that North Korea is developing nuclear weapons based on highly enriched uranium. The administration official, speaking on condition of anonymity, said U.S. diplomats have told Beijing its position is not helpful.
Copyright 2004 Associated Press. All rights reserved.
------------------------------------------------------------------------

Bin Laden met nuke scientists
'Nuclear bazaar' story out of Pakistan gets more bizarre with new disclosure
Posted: February 8, 2004
12:12 p.m. Eastern
? 2004 WorldNetDaily.com
WASHINGTON - As the Pakistani nuclear proliferation story widens, U.S. intelligence officials say top atomic scientists from that country met with Osama bin Laden and Mullah Omar in Afghanistan.
Osama bin Laden
Two former senior Pakistani nuclear scientists who were based in the Afghan town of Kandahar met Mullah Omar and Osama bin Laden several times before the fall of the Taliban. They were later detained and questioned on their return to Pakistan.
Last week, after it became clear that Pakistan was the center of what has become known internationally as the "nuclear bazaar," President Pervez Musharraf agreed to pardon nuclear scientist Abdul Qadeer Khan for selling the country's nuclear secrets to Libya, North Korea and Iran.
Because Pakistan is perceived to be central to the U.S. war on terror, the reaction in Washington has been low-key.
"This is a matter between Dr. Khan, who is a Pakistani citizen, and his government," said Secretary of State Colin Powell to reporters outside the United Nations. "But it is a matter also that I'll be talking to President Musharraf about."
Bush administration officials have expressed satisfaction with Musharraf's guarantees that the country's nuclear proliferation will now come to an end.
A top defector from North Korea says that country's uranium-based nuclear weapons program was launched in 1996 under a deal with Pakistan. In addition, Pakistan stationed other nuclear scientists in Iran to help that country develop its nuclear weapons program.
Pakistan says the presidential pardon to the top nuclear scientist over his admission to have proliferated nuclear technology to three foreign countries is subject to set of a "comprehensive conditions" - but those conditions have not been revealed publicly.
The pardon even allows Khan to keep the vast wealth he accumulated by developing Pakistan's nuclear weapons and from selling the technology to other countries - including several rogue nations. Khan is believed to have earned millions of dollars from his sale of nuclear know-how, beginning in the late 1980s. Much of the money was funneled through bank accounts in the Middle East. His assets include four houses in Islamabad worth an estimated $2.8 million, a villa on the Caspian Sea, a luxury hotel in Mali and a valuable collection of vintage cars.
Khan, 69, last week made a televised confession of his wrongdoing after government investigators confronted him. Despite being granted a pardon, he is under house arrest and forbidden to give interviews.
In addition to selling nuclear technology to Iran and North Korea, Khan also offered Saddam Hussein a design for a nuclear weapon in 1990, according to a document seized by U.N. weapons inspectors. Later he made a deal with Libya.
----------------------------------------------------

>> NICE PICTURE...

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=36654

WHISTLEBLOWER MAGAZINE
RETURN OF THE NUCLEAR THREAT
WND probe documents unthinkable plans of terror groups, pariah nations
Posted: January 19, 2004
1:00 a.m. Eastern
? 2004 WorldNetDaily.com
Fear of a nuclear attack on American soil is back - and with good reason - as WND documents conclusively in its newest issue of Whistleblower magazine, titled "RETURN OF THE NUCLEAR THREAT."
The signs are everywhere:
Congressional hearings on "dirty bombs" and "suitcase nukes."
Reports of stolen "radioactive warheads" and Osama bin Laden purchasing Soviet-era nuclear weapons on the black market.
Recent deployments of "Nuclear Incident Response Teams" to scour Las Vegas, Los Angeles, New York, Washington, D.C., and other cities for nuclear terror weapons.
The Department of Homeland Security's distribution of radiation detectors to police in Chicago, Detroit, Houston, San Diego, San Francisco and Seattle - as well as to Bureau of Customs and Border Protection agents nationwide - to screen for terrorist activity, whether a dirty bomb, suitcase nuke, or other source of radiation.
Vice President Dick Cheney's chilling assessment that nuclear terror is "the major threat" facing America: Calling a WMD attack on the U.S. "one of the most important problems we face today," Cheney added: "To contemplate the possibility of them unleashing that kind of capability - of that kind of weapon, if you will, in the midst of one of our cities - that's a scary proposition."
And that's just the terror threat. Across the oceans loom other gorgon's-heads of the nuclear monster - perhaps even more threatening.
Where once the nuclear club was very elite - comprising the U.S., U.S.S.R., China, France and just a few others - today, laments International Atomic Energy Agency chief Mohamed ElBaradei, the number of nations now believed by the IAEA to be able to create nuclear weapons "is estimated at 35 or 40."
And among the furthest along, unfortunately, are the world's most notorious terror-sponsor and pariah states - Iran, North Korea, Syria, Saudi Arabia, and Pakistan among them. All of this far-flung reality comes crashing home with stunning precision in "RETURN OF THE NUCLEAR THREAT."
"There is an air of unreality in many people's minds when it comes to nuclear weapons," said WND and Whistleblower Editor Joseph Farah. "After all, a nuclear weapon hasn't been deployed in war since World War II, when the U.S. dropped atomic bombs on Hiroshima and Nagasaki. Add to that the failure so far of coalition forces to find any nuclear weapons in Iraq. Such factors, combined with the inherent difficulty in facing up to a subject so horrific, and you can understand people's tendency to bury their heads with respect to the looming nuclear threat of 2004."
This special Whistleblower edition is more than a wake-up call. It's a crash course in the current, growing - and very real - nuclear threat facing America.
"This issue of Whistleblower will provide a strong dose of reality by presenting the known facts about the nuclear genie, and about the furious quest for the ultimate weapon of mass destruction by the world's madmen," said Farah.
Contents include:
"The major threat," by Joseph Farah, who clearly lays out an overview of the threats Americans face in 2004.
"The terror ahead" - an authoritative, in-depth and spine-straightening look at the world's nuclear scene, aptly subtitled "A nuclear attack? Be very afraid" - by Gabriel Schoenfeld.
"35 or 40 countries can make nuclear arms," in which the U.N.'s chief nuclear inspector Mohamed ElBaradei confides that the situation is way out of control.
"Nukes in the Mideast" by Joseph Farah, where the Middle East expert shows why, despite recent apparent concessions by Libya, Iran and others, the nuclear threat is greater than ever.
"The Libya ruse," an eye-opening page-turner in which Joseph Farah unmasks the developing campaign to pressure Israel to give up nuclear weapons.
"Nuclear weapons production in Iran," Kenneth R. Timmerman's mind-boggling look at how the Iranians have bamboozled international arms inspectors for the past 18 years while building up stunning nuclear capability.
"Nuclear terrorism - how real?" David Kupelian's in-depth primer on "suitcase nukes," "dirty bombs" and other terror tools, the real prospects of their use on U.S. soil, and what can and must be done to defend America.
Suitcase nuke
"Dozens of 'dirty-bomb' warheads missing," documenting the recent discovery that dozens of Cold-War-era radioactive Soviet warheads have been lost, stolen or purchased.
"Does al-Qaida have 20 suitcase nukes?" in which an FBI terror consultant confirms our worst fears, claiming Osama bin Laden purchased the weapons - each with an explosive potential equivalent to the Hiroshima A-bomb - from ex-KGB agents for $30 million.
"In a few short years," warns Farah, "today's terror-sponsoring nations may not need to send terrorists with backpack nukes to wreak devastation on the West because they will be capable of hitting New York or Los Angeles with warheads mounted on ICBMs.
"The Cold War is long over. It's a new world with new enemies for America - and they have, or are soon going to have, nuclear weapons. If we're going to defend America, we need to start by facing up to the return of the nuclear threat."

---------------------------------------------------------------------
>> SAME OLD STORY?

AP: Found $300M Could Be Saddam's Money
By DAFNA LINZER
Associated Press Writer
BERN, Switzerland (AP) -- The United States believes it has found at least $300 million Saddam Hussein hid in banks, yet doesn't have enough evidence to get countries such as Syria and Switzerland to hand over the money, U.S. and European officials told The Associated Press.
The funds at stake could go to the Iraq insurgency or the country's reconstruction - depending on who gets to them first. What troubles investigators more is that much of Saddam's cash may already be gone.
The weak U.S. intelligence and the slow-moving investigation, now in its 11th month, have given suspects more than enough time to empty accounts and possibly transfer some funds to Iraq's insurgency, which has cost hundreds of American lives, officials involved in the search said.
Treasury investigators have been quick to identify leads in the hunt but have been scrambling to come up with solid evidence that could hold up in a court or get the approval of a U.N. sanctions committee.
Much to the frustration of the Bush administration, countries that acted quickly on relatively weak evidence involving al-Qaida funds have been unwilling to do the same on Iraq, partly because of growing doubts about the quality of U.S. intelligence.
For months, Swiss officials have asked Washington to provide more information on an account belonging to a Panamanian-registered front company that U.S. officials believe is tied to the former Iraqi regime. The account contains the equivalent of $80 million and U.S. officials are still trying to gather enough information for the Swiss to act.
Were the account held in a U.S. bank, federal authorities wouldn't need any more evidence than they already have because the Patriot Act, passed after Sept. 11, 2001, gives them expanded powers of search and seizure.
"We know a lot of countries cannot use intelligence information the way we can use it now after Sept. 11," said Juan Zarate, the Treasury Department's deputy assistant secretary for terrorist financing and financial crimes. "It's not a complete hindrance but we have to provide the right information."
Swiss officials put a temporary hold on the Montana Management account but won't hand over the money to an Iraqi reconstruction fund, as the Bush administration wants, unless it gets more details - and none were forthcoming during a recent meeting between U.S. and Swiss treasury officials in Washington.
Zarate told AP his office would target new individuals "in the next few weeks," and submit the names to the U.N. sanctions committee, where approval is assured, giving European countries a legal basis to act.
"The reality is, we want to be sure about cases when we go to the U.N. since we're basically marking an individual or a company or an entity. We do have to present some sort of basis for it," Zarate said.
But he said, "when you work bilaterally, things don't necessarily have to be that formal or that definitive."
So far, Zarate's office has given the United Nations the names of five Iraqi entities - the Central Bank of Iraq, Iraq Reinsurance Company, Rafidain Bank, Rasheed Bank and Iraqi Airways Company - plus the list of the 55 Most-Wanted Iraqis that the military presented as a deck of cards in the early days of last year's war.
European and Middle Eastern officials, who spoke on condition of anonymity, said they had peeked into accounts held by children of the 55 and found almost no money. Saddam's daughters, who are living comfortably in Jordan, remain under scrutiny, officials said.
The investigation relies solely on interrogations and information U.S. officials are getting in Iraq. Zarate wouldn't say whether Saddam was cooperating.
No other countries - not even coalition partners - have offered names to the U.N. list.
"The onus falls mostly on us to produce lists and to produce leads," Zarate said. The interagency investigation has been "overwhelmed" by documents and CD ROMs collected in Iraq, he said.
So far, the amount of money identified by U.S. investigators is nowhere near prewar estimates of $40 billion stashed away by Saddam.
"We don't know where it is," said Pierre de Bousquet de Florian, the head of France's domestic intelligence agency.
The largest sums uncovered so far are in Middle East banks. U.S. officials are hoping Syrian officials will be encouraged to hand over money once the Swiss do. But there are also concerns that pressuring the Syrians, without sufficient evidence, could hamper important cooperation on Iraq and the war on terrorism.
In October, U.S. investigators went to the Syrian capital, Damascus, and Amman, Jordan, looking for hidden Iraqi accounts. Syria has frozen about $250 million but won't give the money to the Iraq fund because it can't be sure it belonged to the regime.
The Swiss face similar issues.
In some cases, Swiss investigators have been unable to find evidence that would corroborate the information the United States has provided on accounts. In others, they are having trouble establishing whether a crime has been committed by bank clients. The largest accounts may already be emptied out, according to European, Middle Eastern and American officials.
One Swiss official noted that in 1992, Libya managed to pull 425 million Swiss Francs - or about $300 million then - from Switzerland after it was given two weeks to cooperate with the United Nations or face sanctions for its role in the bombing of a Pan Am flight.
For U.S. investigators tracing Saddam's money, early efforts focused on retrieving close to $1 billion stolen from the Iraqi Central Bank, including money taken by Saddam's sons. More than $100 million is still missing and some is thought to be in the hands of insurgents.
The interagency investigation, which includes Treasury, the FBI, the CIA and Immigration and Customs Enforcement, is still tracing the serial numbers on $750,000 cash found in Saddam's possession when he was captured nearly two months ago.
Hundreds of millions of Iraqi dollars that were in accounts before the 1991 Gulf War are being turned over to the reconstruction fund. The United States also has asked countries owed money by Iraq to forgive the debt. Most have agreed to forgive most, but not all, of the billions Iraq owes.
Associated Press Writers Jeannine Aversa in Washington and John Leicester in Paris contributed to this report.
On the Net:
U.N. sanctions list: http://www.un.org/Docs/sc/committees/IraqKuwait/1483guide.pdf
U.S. Treasury list: http://www.treas.gov/ofac
Copyright 2004 Associated Press. All rights reserved.

--------------------------------------------------------
>> HMM...

Saudi Man May Have Mad Cow Disease
By RAWYA RAGEH
ASSOCIATED PRESS
JIDDAH, Saudi Arabia (AP) - Saudi medical authorities believe a man hospitalized last month and now in a coma is suffering from the kingdom's first case of the human form of mad cow disease.
Official medical records shown to The Associated Press on Friday by the patient's family said test findings a day after Abdul Karim Eskandar was admitted to the hospital "were suggestive of Creutzfeldt-Jakob disease."
Abdul Karim Eskandar, 64, was admitted to Jiddah's King Faisal Specialist Hospital Jan. 20, and lost his memory, eyesight and speech before falling into a coma.
It was not clear how the Quran teacher had contracted the disease, since he had never eaten beef, according to his son, Abdul Moneim Abdul Karim.
Abdul Karim said doctors told him a handful of other patients had also been diagnosed with the disease.
AP was not immediately able to contact any of the other patients or their families.
Abdul Karim said Eskandar started complaining of feebleness and blurred vision in November. Doctors initially suspected that he had suffered a stroke.
After the diagnosis - tests had been sent to Mayo Medical Laboratories in the United States for confirmation - doctors said Eskandar may have unwittingly consumed beef during a trip to England in 1999, at the height of the spread of variant CJD there.
One doctor told Abdul Karim that his father could have contracted the disease without eating contaminated beef, the son said.
Attempts to reach Eskandar's doctor were not successful and it was not immediately possible to reach health officials because of a two-week Muslim holiday.
"We will not give up on him because we are not convinced with the doctors' diagnosis here," Abdul Karim said. The family plans to take Eskandar to the University of Vienna Medical School, which has agreed to carry out further tests.
A letter from a professor of internal medicine at the Austrian school said Eskandar seems to be suffering from a "neurological disorder of unknown origin."
The causes of classic CJD, a fatal human dementia known for 80 years, are unknown. The disease, which is neither bacteria nor fungus, could be inherited, spread through infected surgical equipment, tissue transplants or hormones. Variant CJD is linked to the consumption of tainted beef.
rr-ti-ts
-----------------------------------------------------------------------------

Study Says Donors May Be Passing Mad Cow
By AUDREY WOODS
ASSOCIATED PRESS
LONDON (AP) - British scientists studying how the human form of mad cow disease is transmitted say some people could be passing the illness through blood donations.
Although it has not been proven that the brain-wasting variant Creutzfeldt-Jakob Disease can be transmitted through transfusion, the scientists did find a case in which a blood donor and the recipient died of it.
In that case, the donor gave blood more than three years before he developed symptoms, the scientists said in their report in Friday's Lancet medical journal.
The researchers, led by Professor Robert Will at the National CJD Surveillance Center in Edinburgh, wrote that "although the epidemic of vCJD presently seems to be in decline, a proportion of the U.K. population could be incubating vCJD and acting as blood donors."
The scientists based their study on records from United Kingdom blood services and the national CJD surveillance unit.
The report said 48 people had been identified as having received blood from 15 donors who later developed the variant disease.
By December 2003, all but 17 of the recipients had died but vCJD was the cause of death in only one case. The disease can only be confirmed during an autopsy by examining brain tissue.
"Our findings raise the possibility that this infection was transfusion transmitted," the report says, adding that infection also "could have been due to past dietary exposure" to BSE.
Scientists already believe people can get variant CJD from eating products from cows infected with a similar illness, bovine spongiform encephalopathy - BSE - or mad cow disease.
Statistical analysis indicated that the odds of the man not being infected by his blood transfusion were between one in 15,000 and one in 30,000.
In an accompanying independent commentary, Dr. Adriano Aguzzi and Dr. Markus Glatzel from the University Hospital of Zurich in Switzerland, said, "the chance that this case is not transfusion-related is very small."
"Shocking as it may be," they wrote, "the finding that vCJD can be transmitted via blood transfusion is not surprising. Stringent studies in sheep show that prion diseases" - such as CJD - "can be transmitted via blood, even if blood is collected in preclinical stages of prion disease."
Besides the transfusions, 20 units of plasma from people who later developed variant CJD were used to make blood products before 1998, when Britain stopped using British blood, the Lancet report said.
The scientists said that before 1998, "many thousands of individuals may have been exposed" to blood products "derived from pools containing a donation from an individual incubating vCJD."
So far, they said, no case of variant CJD has been identified as connected to exposure to such plasma products. The risks from plasma products are probably less than from transfusion, they added.
All blood products for use in operations in Britain are now based on plasma imported from the United States, where there have been no cases of human mad cow disease blamed on American beef. The human form of mad cow disease so far has claimed 143 victims in Britain and 10 elsewhere.

------------------------------------------------------------------------------------------
>> KEYSTONE CORP?

Prosecutors Investigating Abbott Laboratories' Price Hike on AIDS Medicine
The Associated Press
Published: Feb 8, 2004
CHICAGO (AP) - Investigators in Illinois and New York are trying to determine if Abbott Laboratories broke the law when it increased the cost of a commonly used AIDS medicine by nearly 400 percent.
Illinois Attorney General Lisa Madigan's office is investigating whether the North Chicago-based drug maker engaged in deceptive or unfair pricing practices when it raised the cost of Norvir, a treatment for the HIV virus, the Chicago Tribune reported in Sunday's editions.
Abbott increased the wholesale price of Norvir in December to $8.57 a day, or $257.10 a month, from $1.75 a day, or $52.50 for a 30-day supply, according to company records.
"Norvir is not like a hay fever medication that people take to lessen symptoms to be more comfortable," Madigan told the newspaper. "It is a drug they take to survive. This investigation is aimed at determining the real reason for the price increase and whether it violates Illinois law."
New York Attorney General Eliot Spitzer is trying to determine if the company violated antitrust law, Abbott confirmed. A spokesman for Spitzer's office would neither confirm nor deny an investigation.
Both investigations center on whether the increase was designed to make AIDS drug cocktails cost-prohibitive and steer patients to Abbott's newer drug, Kaletra, which is more expensive and has a longer patent life.
Abbott said Norvir was priced lower than its rivals for years and denies any wrongdoing.
"Many companies have known the value of Norvir to their drugs and priced their drugs at a premium despite this," said Abbott spokeswoman Melissa Brotz. "Competitors need to price their drugs based on their clinical value. Perhaps those concerned about the cost of therapy should look at the highest cost component of HIV regimens."
Prescriptions for some AIDS drugs cost several thousand dollars a year.
AP-ES-02-08-04 1914EST
---------------------------------------
>> OUR RUSSIAN FRIENDS...

Challenger to Putin for Russian Presidency Is Missing
By STEVEN LEE MYERS
MOSCOW, Feb. 8 -- One of Vladimir V. Putin's challengers in next month's presidential election is missing, and the police and security services announced today that they had begun a search for him.
Ivan P. Rybkin, a former Parliament speaker and national security adviser under Boris N. Yeltsin, has not been seen or heard from since Thursday evening, raising fears among his family and campaign aides that something dire had happened to him.
"We are trying not to let such ideas come to mind," said Aleksandr V. Tukayev, a campaign official and the deputy chairman of Mr. Rybkin's party, Liberal Russia, "but it is hard not to think about it."
Mr. Rybkin's whereabouts have added a bizarre drama to a torpid presidential campaign that is universally expected to end with Mr. Putin's re-election on March 14.
Mr. Rybkin, 57, has been one of the most unabashed critics of Mr. Putin and his policies, but like Mr. Putin's five other challengers he has struggled to build political support and get his message heard, especially on state television. In polls, he has fared even worse than the others, receiving the support of fewer than 1 percent of voters.
Mr. Rybkin's Liberal Russia has been at the center of political intrigue and violence ever since it was created in 2002.
Its patron is Boris A. Berezovksy, a businessman and former Kremlin insider, who has become one of Mr. Putin's fiercest critics after moving to London in self-exile to escape fraud charges he says are politically motivated. Mr. Berezovsky first raised concerns about Mr. Rybkin's whereabouts in an interview on Friday.
Mr. Rybkin did not appear at a scheduled news conference on Friday, his aides said. Nor did he surface to make any statement on Saturday, as would be expected, when the country's election commission officially registered his candidacy in the election.
A spokesman for the Moscow police said that Mr. Rybkin's wife, Albina, submitted an official statement today about his disappearance. She told the police that her husband had not been seen since he arrived at their apartment sometime after 7 P.M. on Thursday and let his bodyguards go home. He was not there when his wife arrived after 11, she said.
Under Russian law, a person is not considered missing until three days have passed. Mr. Tukayev said that given Mr. Rybkin's prominence, the authorities should have begun a search immediately.
"In any civilized country, all the security services would be on their feet," he said.
In the last 18 months, two of the members of Mr. Rybkin's party in the Parliament, Sergei N. Yushenkov, and Vladimir I. Golovlyov, have been shot to death on the streets of Moscow in murky circumstances.
Shortly before he was killed, Mr. Yushenkov split with Mr. Berezovksy and another party leader, Mikhail N. Kodanev, has since been charged with the murder. Party officials say he has been falsely accused.
While the election commission refused to let the party participate in last December's parliamentary elections, Mr. Rybkin's supporters collected enough signatures to qualify him for a spot on the presidential ballot.
On Saturday, however, the chairman of the election commission, Aleskandr A. Veshnyakov, said the commission had provided prosecutors with what he said was evidence that some of his qualifying petitions were fraudulent. If that is proven, prosecutors could still disqualify him as a candidate.
Two other presidential challengers -- Sergei Y. Glazyev, a leader of the nationalist Motherland Party, and Irina M. Khakamada of the liberal party Union of Right Forces -- were also cleared today to run. But they too now face investigations into the veracity of some of the signatures they collected, election officials told the Interfax news agency.
Kseniya Y. Ponomaryova, Mr. Rybkin's campaign chairman, said in an interview tonight that another party official had spoken with him by telephone at 8:40 p.m. on Thursday. By 10 P.M., he was not answering his mobile telephone. Albina Rybkin said today that when she arrived home on Friday night, she found that her husband had taken off a shirt and left dishes in the kitchen, but there were no signs of a struggle or violence. His cars were still in the garage.
She discounted the possibility he was aboard the subway train struck by a bomb on Friday morning, killing at least 39, since he does not routinely use the subway. She also discounted the possibility that he had left on his own. "It is absolutely not like him," she said.
Mr. Rybkin, an agriculture specialist and former Communist Party member, has been a prominent political figure since the collapse of the Soviet Union, first as an opponent of Mr. Yeltsin and later as a security adviser to him. Mr. Rybkin participated in the peace talks that end the first war in Chechnya in 1996 and remains an advocate of efforts to end the second Chechen war, now in its fifth year.
As a candidate, he has criticized Mr. Putin, saying he was an authoritarian who is closely linked to the wealthy businessmen who wield disproportionate control of the country's economy, so long as they remain in the Kremlin's good graces. In an interview last month, Mr. Rybkin said he was concerned about the erosion of democratic freedoms in Russia and the continued economic hardship of ordinary Russians.
"Russia," he said then, "is turning a new and very shameful leaf."
Copyright 2004 The New York Times Company
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Rybkin Missing for 3 Days, Police Start Search
By Valeria Korchagina
Staff Writer
Two days after being registered to run as a candidate against President Vladimir Putin in the March 14 election, Ivan Rybkin was officially declared missing Sunday.
But Boris Berezovsky, the politician's financial backer and the former gray cardinal of the Kremlin, said late Sunday that Rybkin would reappear Monday, four days after going missing.
Rybkin disappeared a few days after running a full-page advertisement in Kommersant newspaper, in which he described Putin as Russia's "biggest oligarch."
"One can only guess about the circumstances of my husband's disappearance," Rybkin's wife, Albina, said Sunday, Interfax reported. "It is known precisely that at about 8 p.m. [Thursday] he returned home and dismissed the driver and the guard. When I returned home later he wasn't there and nothing is known about him since that time."
Rybkina filed a missing persons report with police Sunday, the earliest possible time by law, which considers people missing after no contact has been made for at least three days.
A presidential press service official declined to comment Sunday on whether the letter and Rybkin's disappearance were linked in any way.
"You should talk to the relevant law enforcement agencies about it," he said.
Berezovsky, when reached for comment late Sunday, said that Rybkin would reappear Monday. "I'm pretty certain he is alive and well," he said. He added that Rybkin's family had information, obtained from the Security Council and special services, that Rybkin was safe and well. He refused to elaborate.
Rybkin was officially registered as a presidential candidate Friday, but failed to show up at the Central Elections Commission to receive his official candidate's identity card.
Both the Moscow police criminal investigation department and the Federal Security Service are reported to be looking for Rybkin. But his wife said Sunday afternoon there had been no significant progress in the search.
A former head of the Security Council under President Boris Yeltsin, Rybkin has maintained close links with Berezovsky, who has lived in Britain since 2000 and has said he is funding Rybkin's campaign. Berezovsky has been trying to rally support for a challenge to Putin since shortly after his election in 2000. He won political asylum in Britain last year, after the Prosecutor General's Office sought his extradition to Russia on theft and corruption charges.
Rybkin is also an advocate of negotiations with Chechen separatists over the conflict in the republic.
The full-page advertisement in Kommersant, a Berezovsky-owned newspaper, took the form of an open letter from Rybkin, accusing Putin of grabbing control of a vast share of Russian business.
Among the companies Rybkin alleged were controlled by businessmen close to Putin were television companies NTV and Channel One, and oil major Surgutneftegaz.
"I assert: Now it is Putin who is the biggest oligarch in Russia," Rybkin said in the letter. "I am convinced Putin has no right to power in Russia. And we have no right to be silent about it."
The letter claimed that Sibneft majority shareholder Roman Abramovich, as well as businessmen Gennady Timchenko, Mikhail Kovalchuk and his brother Yury were close to Putin.
In an interview in Moskovskiye Novosti weekly on Friday, Rybkin claimed that revenues from various industries, including those collected by the Railways Ministry and the Nuclear Energy Ministry, were controlled by businessmen close to Putin.
But little is publicly known about the business interests of the men Rybkin said were Putin's associates.
Timchenko apparently controls two oil export firms, and has known Putin since he worked in St. Petersburg Mayor Anatoly Sobchak's office in the 1990s, Moskovskiye Novosti reported.
There is no information available on Mikhail Kovalchuk, while Yury Kovalchuk served as one of Putin's subordinates at St. Petersburg City Hall. Yury Kovalchuk controls 41 percent in Severstal shareholder Rossia Bank and is board chairman of the Center for Strategic Development Northwest, the paper said.
? Copyright 2002, The Moscow Times. All Rights Reserved.




Posted by maximpost at 8:27 PM EST
Updated: Sunday, 8 February 2004 10:00 PM EST
Permalink

>> NEW YORK CITY WATCH...

Judges keep quiet about conflicts
State Supreme Court justices rule on scores
of cases in which they have a financial stake
By GREG B. SMITH and BOB PORT
DAILY NEWS STAFF WRITERS
The Supreme Court building in Manhattan.
Justice Herman Cahn
Justice Carla Moskowitz
Justice Helen Freedman
One-third of state Supreme Court justices who hear Manhattan's big-money civil lawsuits have failed to disclose their personal conflicts of interest in recent cases, a Daily News investigation has found.
A dozen judges ruled in favor of companies in which they, or their families, owned stock.
Others did not disclose connections to former law partners, expert witnesses, or their own personal lawyers appearing before them -- all possible violations of state law and judicial ethics.
The News findings are based on financial disclosures from 2000 through 2002 for New York County judges compared with computer records for all 46,826 civil cases they heard.
The News tracked down parties in 101 cases to confirm that 16 out of 47 judges who hear commercial civil disputes had not disclosed a potential conflict.
Told what The News had learned, state Chief Administrative Judge Jonathan Lippman said jurists are obligated to avoid anything that might cast doubt on their impartiality.
But he said, "Despite their huge case-loads, judges in New York County are overwhelmingly adhering to among the most stringent ethics rules in the country."
Informed that a judge's personal interest could have tainted their case, most lawyers shied away from denouncing the judges involved. But a few were shocked.
"Aren't we assuming that the people making these decisions are totally unbiased?" asked lawyer Daniel Solin, who filed suit against the Salomon Smith Barney brokerage before Justice Herman Cahn.
"That's what we assume -- that's the foundation of our judicial system," said Solin.
Cahn maintained a Salomon Smith Barney margin loan while ruling in three lawsuits involving the firm.
In a 2002 case, he rejected a suit filed by Solin on behalf of a 60-year-old Manhattan woman, who charged Salomon misled her into investing $75,000 in Worldcom just as its value plummeted in an accounting scandal.
Cahn ordered her to take her claim to arbitration, which Solin argued was biased in favor of Wall Street firms. He charged that the arbitration clause in the investment contract had been breached.
Cahn never mentioned his margin loan account, which enables him to borrow $60,000 to $100,000 from the firm for investments.
The case is on appeal. Cahn was unapologetic.
"Most of my cases are fact-based and I follow the law," he said. "If I'm wrong, the Appellate Division lets me know." Similarly, Justice Edward Lehner defended his handling of a 2001 case involving American Express, though he did not reveal his wife owned 200 shares in the firm.
"I can't believe anybody may want me to recuse because I own a couple of hundred shares of a company," said Lehner, who ruled in favor of Amex. "Maybe they would."
While Lehner's wife's Amex shares represent a minuscule interest in the firm, the public has no way of knowing the extent of a judge's holdings. Disclosure forms available to the public censor the number of stock shares and their value.
Some judges acknowledged their mistakes and vowed to change.
"It has not been at the forefront of my attention," said Justice Paula Omansky, who failed to disclose conflicts in 20 cases cited by The News. "Certainly, disclosure is a legitimate and valid requirement for judges."
Of the 20 cases in which Omansky admitted she failed to disclose relevant stock investments, some were settled before she played a significant role and some were dismissed.
In nine cases she ruled in favor of a party in which she owned stock.
In 2000, for example, Salomon Smith Barney sued a stockbroker who took a job at a competitor after handling $16 million worth of Salomon accounts.
Omansky issued a temporary restraining order that prevented the broker from working with former clients.
Omansky owned stock in Salomon Smith Barney.
In 2001, a man sued Johnson & Johnson claiming Propulsid, a drug used to treat heartburn, contributed to the sudden death of his college-age daughter from heart failure.
The case is pending before Omansky, who owns stock in Johnson & Johnson.
"The next time that case comes before me," Omansky said, "I'm definitely going to disclose it."
Justice Shirley Kornreich, facing election to her second 10-year term on the bench this year, said she may have missed such conflicts in 11 cases.
Kornreich vowed that she and her husband will sell all their stock and buy mutual funds, which are exempt from conflict-of-interest rules.
"My reputation is more important," she said. "I have chosen to sell my small amounts of stock rather than have to deal with the onus of following what stock I own on each and every case."
Judge Karla Moskowitz recalled that lawyers in a Citibank case years ago advised her the bank had no connection to Citigroup, in which her husband owned stock.
For years she heard Citibank cases. Citigroup is a holding company that owns Citibank.
"I have since learned that that advice was incorrect, and I am troubled by any appearance of conflict," she said. "No one has questioned my impartiality.
"My husband has divested himself of the Citigroup stock so I can avoid any possible issues of conflict in the future," said Moskowitz, who is president of the National Association of Women Judges.
New York's court rules say judges must excuse themselves from cases if they have any financial interest, "however small."
That includes relationships with lawyers, especially if they are former law partners or personal counsel.
Justice Charles Ramos named his high school chum, attorney Michael Miller, to a foreclosure on a luxury condo. Miller collected rent -- and took a percentage of interest and fees. Through November 1997, Ramos okayed $176,000 in payments to his friend.
Two years later, Miller provided the judge with free legal representation when Ramos and his wife obtained three parking spaces in a garage near their upper Manhattan apartment. A Dec. 21, 1999, deed lists Miller as their attorney.
When the arrangement came to light, Miller told a court inspector general he could not recall charging Ramos a fee.
Ramos is now on the board of directors of the New York County Lawyers Association, of which Miller is president.
Miller did not return calls seeking comment. Ramos said he told the buyer in the real estate transaction to pay Miller and that he no longer awards Miller court appointments.
Other potential conflicts were uncovered in The News investigation.
Judge Alice Schlesinger accepted a slip-and-fall case where a doctor sued a Chinese restaurant renting the ground floor of the judge's midtown co-op building.
Schlesinger, a stockholder in the co-op like any other resident, benefits from the rent the co-op collects. In this case both the restaurant and the co-op owners were sued. One issue was how much of each's insurance covered the mishap.
Schlesinger's assistant said the judge herself never met with the attorneys. A law clerk handled all preliminary business. Lawyers say they settled before any issue reached the judge.
Their defense
Justice Paula Omansky
Case: Alexis Garraway vs. Verizon Wireless, 2002
An actor who can't afford his own lawyer claims Verizon Wireless failed to pay him for his work as an extra in a TV commercial filmed in Washington Square. Omansky dismisses the actor's do-it-yourself complaint for failing to properly cite the law.
Conflict of interest: Omansky's husband owns shares of Verizon Communications, but the judge fails to disclose his stock ownership in court.
Comment: "I think your inquiry has put us on notice that there is or could be a problem," Omansky said.
Justice Karla Moskowitz
Case: DeMicco Brothers Inc., vs. Consolidated Edison and Empire City Subway Co. Ltd. a Verizon company, 2002
A Queens contractor sues Verizon and other utilities, saying he could not finish a street repair on time because utility cables blocked his equipment. Moskowitz shoots down the suit, citing a "legitimate business reason" not to move the wires. "It was as if we were intruders in this matter rather than legitimate litigants, as in, 'How dare we bother these big people,'" said attorney Frederick Levine. An appeal is pending.
Conflict of interest: Moskowitz's husband owned shares in Verizon, but the judge failed to disclose his ownership in court.
Comment: "Over the last five years, I have heard over 1,500 multiparty cases," Moskowitz said. "No one has questioned my impartiality."
Justice Herman Cahn
Case: Salomon Smith Barney vs. Mendel Kaff, 2001
A private broker fails to repay his $22,000 margin loan from Salomon Smith Barney and the brokerage firm sues. They ultimately settle the case.
Conflict of interest: Cahn has a margin loan with Salomon himself but does not disclose this in court.
Comment: Cahn said he does not believe he violated any ethical rules.
Justice Shirley Kornreich
Case: Brian Coke vs. Citibank, 2001
A Jamaican developer with an office in Brooklyn, acting without an attorney, sues Citibank, alleging the bank has mangled numerous charges to his account processed through an ATM in Kingston, Jamaica, that he uses to pay his workers. The developer settles his case after an unfavorable ruling from Kornreich.
Conflict of interest: Kornreich owns shares of Citigroup but fails to disclose her stock ownership in court.
Comment: Kornreich said she does not believe she violated any ethical rules. "The volume of work is crushing," she said.
Justice Helen Freedman
Case: Joseph Maira vs. Dr. Lance Austen, 2001
A local couple sues a doctor and drug distributor Merck-Medco, a pharmacy chain owned by Merck Corp., over the diabetes drug Rezulin. Freedman dismisses the case against Merck-Medco, ruling that "the pharmacy that sold the drug or filled the prescription cannot be held liable."
Conflict of interest: Freedman owned shares of Merck Corp. but failed to disclose her stock ownership in court.
Comment: "I must have missed it," Freedman said, explaining she did not notice Merck was a defendant. Months later, she sold all her stock. "It makes my life easier," she said.
------------------------------------------------------

JUDGES TAKE STOCK OF HOLDINGS - AND SELL
NEW YORK POST
By BRAD HAMILTON
February 8, 2004 -- Several Manhattan Supreme Court judges have dumped their stocks after conflict-of-interest questions were raised amid an FBI corruption probe, courthouse sources said.
The federal investigation, which focuses on embattled Justice Marylin Diamond, but includes other jurists, is looking into whether judges doled out favorable rulings to friends and firms in which they owned a stake.
Diamond and her husband, former Supreme Court Justice Franklin Weissberg, have owned more than 40 stocks and bonds -- in companies including JP Morgan Chase, Verizon, Time Warner and other firms whose cases she's ruled on, according to Diamond's financial disclosure forms.
But she and other judges have been selling their holdings in the wake of stories about the matter, sources said.
The Post reported last month that the FBI has pored over records and interviewed at least 30 litigants to determine if undisclosed personal interests swayed the judges' decisions.
Under state court rules, judges must disclose all their personal holdings worth more than $1,000 -- including stocks, real estate and retirement accounts -- along with the financial interests of their spouses and minor children.
They are required to be fully informed about their finances and disclose in court any ties they have to the parties appearing before them, the rules say.
Manhattan Supreme Court Judge Shirley Kornreich, who in an interview with The Post denied being aware of the stocks she had listed on her disclosure forms, said she was going to unload her holdings.
"I told my broker to sell it all and put everything in a mutual fund," she said.
One of Diamond's lawyers, Harold Tyler, told The Post last year that her stocks weren't selected by her but by a broker -- and that the judge wasn't aware of which stocks he'd picked.
Chief Judge Judith Kaye will address the issue of corruption in the courts in her state-of-the-judiciary speech tomorrow, one court source said.

Posted by maximpost at 7:37 PM EST
Permalink
Saturday, 7 February 2004

>> WHAT A WONDERFUL WORLD? READ AND WEEP?


Democrat Attacks on Contractors
Posted Feb. 2, 2004
By John Berlau
Published: Tuesday, February 17, 2004

Critics protest that to be big-time government contractors, companies must operate a revolving door between themselves and the bureaucracies with which they work, effectively freezing out their smaller competitors.


Henry Waxman is outraged. Outraged. The Democrat from California who, as ranking minority member of the House Government Reform Committee, did his best to block investigations into Clinton scandals such as Chinagate is demanding investigations into what he calls irregular contracting of the Bush administration for reconstructing Iraq. Specifically, Waxman and Rep. John Dingell (D-Mich.) charge in a letter to the Iraq Program Management Office that "these contracts have created two massive fiefdoms" for Halliburton Co. on oil services and Bechtel in electricity and other public works.

The letter criticizes the Iraq reconstruction program for its plans to award more indefinite delivery/indefinite quantity (ID/IQ) contracts - those "in which the total amount of work and specific projects to be completed are unknown at the time and bid of the award. When an ID/IQ contact is put out to bid, there is no real opportunity for price competition because the projects under the contract have yet to be defined." Waxman and Dingell conclude that these practices are "deliberately precluding meaningful price competition" and "in effect doling out monopolies." They also claim that "taxpayers will pay a high price for this imprudent approach."

Criticisms of contracts such as these are common from left-wing activists. Many have pounced on the Halliburton contract, noting that Dick Cheney was the company's chief executive officer before he was vice president, despite the fact that Cheney divested himself of interest in the company. Meanwhile there are some on the right, and some independent observers, who also take issue with the federal-contracting process. But they say the outrage expressed by Waxman and other partisan Democrats is very selective; for while Halliburton's long-term contract may be problematic, it is typical of the new world of federal contracting that began in the 1990s. Clinton-era reforms have, according to critics, led to a lack of oversight, to cost overruns and other abuses. And taken together with long-standing barriers to competition, such as favoritism for unionized firms, the Clinton changes have prevented competition from innovative firms and small businesses.

The Project on Government Oversight, a watchdog group strongly critical of the postwar contracts awarded to Halliburton and others, says the problems result from the Clinton-Gore changes. "In recent months, many policymakers have inquired about Iraq reconstruction contracts," says a report from the group. "What most people do not realize is that those contracts are not anomalies - in fact, they simply reflect the flawed federal-contracting system that exists today. Favoritism, waste, abuse and even fraud are far more likely today because of the systemic reduction of oversight and transparency in government contracting over the past decade."

Some conservatives are even calling Waxman's bluff and asking for a congressional investigation. A recent Army investigation found that Halliburton did not overcharge for gasoline from Kuwait, although the company announced in January that it had fired two employees for taking kickbacks from Kuwaiti subcontractors. A Halliburton spokeswoman told the Wall Street Journal that this was unrelated to the gasoline issues, and that the company told the Pentagon promptly about the employee impropriety.

Says David Williams, vice president for policy at the right-leaning Citizens Against Government Waste, "Maybe Halliburton's innocent - we're not making that determination. What we're saying is investigate it, because that's the least that you can give the taxpayers." But, he adds, don't just stop at Halliburton and Iraq reconstruction. "Every dollar needs to be scrutinized, and if there is any question whether there are misdoings, it needs to be investigated."

Not only are the types of contracts Halliburton now has in Iraq a direct result of procurement "reforms" pushed through under Vice President Al Gore's program to "reinvent government" but, according to the Website of the General Services Administration (GSA), the ID/IQ contracts of the type being used in Iraq and in many civilian agencies "were initiated in large part by the National Performance Review" under Gore.

Many Republicans signed on too with legislation such as the Federal Acquisition Reform Act of 1996. These new proposals came, in part, in response to reports of the Pentagon paying ridiculously high prices for ordinary commercial items such as hammers. If agencies were given more flexibility to negotiate in the commercial marketplace, it was said, they could save the government bundles of money. The new philosophy was reflected in the Clinton administration's Federal Acquisition Regulation, which states that government buyers "may assume if a specific strategy, practice, policy or procedure is in the best interests of the government and is not ... prohibited by law, executive order or other regulation, that the strategy, practice, policy or procedure is a permissible exercise of authority."

It was in this new era that Halliburton's controversial contracts developed. In the 1990s the Army created its Logistic Civil Augmentation Program (LOGCAP), which designs multiyear ID/IQ contracts, the initial process being competitive. Companies submit proposals and bids, but after a bid is taken the Army can buy a number of services, such as electricity and food preparation, from the winning company for a specified number of years without going through another bid process. And these winning contractors are on call to the Army anywhere in the world. In 1997, Halliburton lost out on a bid for the LOGCAP contract to the Reston, Va.-based DynCorp, a company that derived almost its entire income from government contracts. But the Army still gave Halliburton a no-bid contract to set up some bases in the Balkans. And Halliburton so impressed government leaders that Gore gave it a "Hammer" award for efficiency.

Meanwhile DynCorp, as Insight's Kelly Patricia O'Meara has reported [see "DynCorp Disgrace," Feb. 4, 2002], became mired in scandal after some of its employees were accused of raping Bosnian girls as young as 14. Although Halliburton had paid a $2 million fine in the late 1990s based on fraud allegations involving its work on a California base, something which Waxman has made much of, given its overall record as compared to that of DynCorp it hardly was surprising or unusual to contract watchers that Halliburton won the LOGCAP contract when it was up for bid again in 2001. And it was under the terms of this pre-war contract that the Army chose Halliburton to put out oil fires in Iraq in the spring of 2003 without going through an additional bidding process.

The Army had an arguable justification for this because of the urgency of the war. "Suppose the wells had been torched and the Army, following Waxman's advice, had begun a long, complicated, competitive-bidding process to find a company to put out the fires," writes Byron York in National Review. The Democrats assuredly would not have patted the Bush administration on the back for letting the oil wells burn.

ID/IQ contracts such as Halliburton's seem to have the most justification when the military is concerned because of the emergency conditions under which it sometimes must work. But such contracts are now extremely common in domestic agencies as well, Insight has found. The National Park Service alone lists 237 of these contracts in a database. It signed a five-year contract, for instance, with McLean, Va.-based Science Applications International Corp. for unspecified "transportation and implementation tasks at various National Park Services areas throughout the United States, District of Columbia, Guam, Puerto Rico and the Virgin Islands."

As the Project on Government Oversight report explains, ID/IQs such as this "are not actual contracts for specific work. Rather, they are agreements by the government to award an unspecified amount of future work to approved contractors - the federal-acquisition equivalent of a hunting license. Requirements for competition on such awards are extremely weak, effectively allowing billions of dollars worth of noncompetitive contracts." The contracts have a guaranteed minimum the government must pay for initial services along with a maximum the government might pay for add-ons. The National Park Service contract cited above has a minimum of $25,000, but a maximum of $2 million.

The 1990s were boom years for contracting. The Clinton administration was fond of claiming it had shrunk the number of federal employees to a total lower than when John F. Kennedy was president. But counting contracted employees the number of full-time workers getting their checks for the civilian side of government grew sharply. Brooking Institution scholar Paul Light estimated the size of the contractor workforce, or as he calls it the "shadow government," to be 5.6 million in 1999. But, as he wrote in The True Size of Government, no one really knows the actual size. "The government knows virtually nothing about its shadow - the ever-expanding number of politically well-connected contractors who are taking more and more work from federal employees," Light wrote. "Neither the Office of Personnel Management nor the Office of Management and Budget has ever counted the full-time equivalent nonfederal workforce, let alone analyzed its appropriateness."

This increase in contractors still could be justified as helping the taxpayer because the government would not be responsible for the health care or pensions of the contract workers. But contracting also has its own costs that can mushroom out of control if not watched carefully, experts warn.

Certainly such contracting is very big business and watched on Wall Street. In late 1998, Computer Sciences Corp. (CSC), an information-technology firm based in El Segundo, Calif., put itself on the proverbial map by winning what was called "the Super Bowl of government contracts" - a 15-year megacontract to modernize the computer systems of the IRS with a maximum price tag of $7 billion. Acquiring this contract and beating out competitor Lockheed Martin was reported in the Los Angeles Business Journal as "the corporate equivalent of hitting a ball clear out of the park."

But it seems to have struck out in actual performance. The Treasury De-partment's IRS Oversight Board recently documented delays and huge cost overruns and recommended removing CSC as the contractor if improvements aren't made soon. The problems have highlighted the questionable circumstances under which CSC received the contract.

The contract was awarded by IRS Commissioner Charles Rossotti, whose administration of the bureau was ethically troubled. As Insight has detailed, Rossotti held on to millions of dollars of stock in American Management Systems (AMS), the company he cofounded and ran before going to the IRS, despite the fact that AMS had ongoing contracts with the agency.

Indeed, CSC's modernization contract also came under fire in 2000 when the company hired Karla Pierce, the Kansas secretary of revenue, since Kansas was a major client of AMS and now it looked to some as though Rossotti was giving a quid pro quo. Pierce had defended Rossotti's firm at a time when its overhaul of the Kansas tax system was being criticized by Kansas legislators and the company was being sued by the state of Mississippi for negligent work in a lawsuit that turned out to be successful. CSC, after hiring Pierce, sent a statement to Insight saying it was "impressed by [Pierce's] significant accomplishments," but nowhere did the statement deny that Rossotti used influence to get Pierce the job [see "A Taxing Dilemma," April 23, 2001, and "IRS Boss Snagged Clinton Waiver," May 7, 2001].

After media scrutiny resulting from Insight's stories, Rossotti finally sold most of his AMS stock about a year before he left the IRS in 2002. He now works at the Carlyle Group, a private investment-equity firm staffed with influential Democrats and Republicans that, Washington Technology magazine says, also is one of the 40 biggest government contractors in information technology.

Meanwhile, in late 2003, the oversight board blasted CSC's work. The board wrote in a report that "virtually all of the projects with a major impact on improving customer service and IRS' internal operations and productivity were experiencing serious delays and cost overruns." CSC, the board reported, "did not demonstrate that it had the depth of leadership and experience to carry out its responsibilities" and "did not supply the important thought and program leadership it was engaged to deliver." InfoWorld quoted a CSC spokesman who said the company was "making considerable progress" on the modernization.

Regardless of the board's scathing critique, thanks largely to the IRS contract, CSC now is one of the largest government contractors in the United States. It ranked fifth on Washington Technology's top 100 federal contractors in information technology, with government contracts worth almost $2 billion for the year covered. And CSC used its new fortune to buy the troubled DynCorp in 2003 and likely will be a presence in military contracting as well.

Because the jobs of many contracting officers were cut from federal agencies in the 1990s as part of Gore's "reinventing government," increasingly one of the giants is designated the "prime contractor," leading a team of other large and small contractors. Such is the case with CSC and the IRS. This "bundling" of tasks into one megacontract has made it particularly hard on small businesses to get bids unless they partner with the giants. In the spring of 2002, President George W. Bush told a conference of women entrepreneurs that he would work sharply to reduce contract bundling. "Wherever possible, we're going to insist that we break down large federal contracts so that small-business owners have got a fair shot at federal contracting," he said. But small-business owners say the bureaucrats still are moving slowly on this presidential priority.

And what really irks many small businesses is that the new procurement policies can benefit large foreign firms more than U.S. small business. Democrats in Congress have tried to ban contractors that establish subsidiaries or move their headquarters to foreign locales such as the Caymans to escape high U.S. taxes. Yet when Bush tried to limit some Iraqi postwar work to the firms from countries in the coalition forces, Democrats such as Waxman and Dingell cried foul. In their letter, these congressmen said they were miffed at the policy because "Canada, Germany and France do have contractors that could compete effectively for these contracts, with a lower cost to taxpayers." But given the fact that, according to the London Independent newspaper, captured documents show that Saddam Hussein managed to bribe French government officials, it would seem obvious that there may be good reason to keep French firms an arm's length away, say national-security experts.

Although big contracts are hard to get, giant contractors can be even harder to get rid of, placing further barriers to many other U.S. firms that want to compete [see "What Does It Take to Lose a Contract?" March 18, 2002]. The GSA lifted a suspension that barred MCI, formerly WorldCom, from seeking new contracts. This ban had been established because of that company's bankruptcy and deception of shareholders, yet now GSA awarded it a contract for new phone lines in Iraq. In a January press release, Citizens Against Government Waste names GSA as its "Porker of the Month" and says MCI's contracts "put taxpayer dollars at risk and amounted to a hidden government bailout of the company." According to Williams of the watchdog group, "The fact that they kept on getting government contracts really sounded an alarm to us as to why. Why was this not being competitively bid? Why isn't there an open competition for this, because there obviously wasn't."

To be big-time government contractors, companies almost have to mirror the bureaucracies with which they work - and operate a revolving door between themselves and those bureaucracies. The government freezes out competition by giving contractors mandates that have nothing to do with efficiency for taxpayers, such as racial quotas and "green practices." And there also is a bias toward unionized firms, says Stefan Gleason, vice president of the National Right to Work Legal Defense Fund. "Federal-government power and resources are being marshaled effectively to drive people into unions," he says.

While Bush issued an executive order getting rid of "project-labor" requirements on federally funded projects that forced unionization of workers, he hasn't touched the Davis-Bacon Act, a law requiring workers on federal construction projects to be paid "prevailing wages" determined by unions, or the alleged union shenanigans that go along with it. Determining the prevailing wage is a process fraught with fraud, Gleason says. "The unions get together with the companies that are unionized, and they fix the price at an artificially high rate, and that becomes the prevailing wage, and then nonunion firms can't bid on those projects," he says. "Small businesses, women, minorities and, often, the most-productive companies are deprived of the opportunity to work." In fact the sponsors of Davis-Bacon in the 1930s had clear racist motivations, publicly saying the law was to keep "colored labor" out of federal contracts.

The Bush administration has said it wants to outsource as many as 800,000 federal jobs to save money for taxpayers. But Gleason warns that the savings may not be achieved with laws such as Davis-Bacon that price out small firms. Similarly, others warn that savings will evaporate without restoring some oversight. "Full and open bidding" must be restored, says the Project on Government Oversight report.

The report recommends: "Establish a bidding process that is open to large and small contractors. Strict oversight should ensure that the lack of full and open competition was necessary under the circumstances, including instances when an agency awards a sole-source, limited bid, or classified contract or acquisition. ... Restore 1980's-era procurement laws [as under Reagan-Bush] that ensured as many contracts as possible were fully competed and therefore the government received the best deals."

John Berlau is a writer for Insight magazine.

************

Here, according to Government Executive magazine, are the top 10 private contractors to the federal government in terms of the dollar value of contract awards in fiscal 2002:

1. Lockheed Martin Corp. -- $22,868,969

2. Boeing Co. -- $19,569,810

3. Northrop Grumman Corp. -- $10,231,037

4. Raytheon Co. -- $7,522,196

5. General Dynamics Corp. -- $7,264,308

6. United Technologies Corp. -- $4,117,346

7. Computer Sciences Corp. -- $4,090,770

8. Bechtel Group Inc. -- $3,603,148

9. SAIC -- $3,466,739

10. Carlyle Group -- $2,166,233

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DynCorp Disgrace
Posted Jan. 14, 2002
By Kelly Patricia O Meara
Published: Monday, February 4, 2002

Americans were seen in Bosnia as defenders of the children, as shown here, until U.S. contractors began buying children as personal sex slaves.


Middle-aged men having sex with 12- to 15-year-olds was too much for Ben Johnston, a hulking 6-foot-5-inch Texan, and more than a year ago he blew the whistle on his employer, DynCorp, a U.S. contracting company doing business in Bosnia.

According to the Racketeer Influenced Corrupt Organization Act (RICO) lawsuit filed in Texas on behalf of the former DynCorp aircraft mechanic, "in the latter part of 1999 Johnston learned that employees and supervisors from DynCorp were engaging in perverse, illegal and inhumane behavior [and] were purchasing illegal weapons, women, forged passports and [participating in] other immoral acts. Johnston witnessed coworkers and supervisors literally buying and selling women for their own personal enjoyment, and employees would brag about the various ages and talents of the individual slaves they had purchased."

Rather than acknowledge and reward Johnston's effort to get this behavior stopped, DynCorp fired him, forcing him into protective custody by the U.S. Army Criminal Investigation Division (CID) until the investigators could get him safely out of Kosovo and returned to the United States. That departure from the war-torn country was a far cry from what Johnston imagined a year earlier when he arrived in Bosnia to begin a three-year U.S. Air Force contract with DynCorp as an aircraft-maintenance technician for Apache and Blackhawk helicopters.

For more than 50 years DynCorp, based in Reston, Va., has been a worldwide force providing maintenance support to the U.S. military through contract field teams (CFTs). As one of the federal government's top 25 contractors, DynCorp has received nearly $1 billion since 1995 for these services and has deployed 181 personnel to Bosnia during the last six years. Although DynCorp long has been respected for such work, according to Johnston and internal DynCorp communications it appears that extracurricular sexcapades on the part of its employees were tolerated by some as part of its business in Bosnia.

But DynCorp was nervous. For instance, an internal e-mail from DynCorp employee Darrin Mills, who apparently was sent to Bosnia to look into reported problems, said, "I met with Col. Braun [a base supervisor] yesterday. He is very concerned about the CID investigation; however, he views it mostly as a DynCorp problem. What he wanted to talk about most was how I am going to fix the maintenance problems here and how the investigation is going to impact our ability to fix his airplanes." The Mills e-mail continued: "The first thing he told me is that 'they are tired of having smoke blown up their ass.' They don't want anymore empty promises."

An e-mail from Dyncorp's Bosnia site supervisor, John Hirtz (later fired for alleged sexual indiscretions), explains DynCorp's position in Bosnia. "The bottom line is that DynCorp has taken what used to be a real positive program that has very high visibility with every Army unit in the world and turned it into a bag of worms. Poor quality was the major issue."

Johnston was on the ground and saw firsthand what the military was complaining about. "My main problem," he explains, "was [sexual misbehavior] with the kids, but I wasn't too happy with them ripping off the government, either. DynCorp is just as immoral and elite as possible, and any rule they can break they do. There was this one guy who would hide parts so we would have to wait for parts and, when the military would question why it was taking so long, he'd pull out the part and say 'Hey, you need to install this.' They'd have us replace windows in helicopters that weren't bad just to get paid. They had one kid, James Harlin, over there who was right out of high school and he didn't even know the names and purposes of the basic tools. Soldiers that are paid $18,000 a year know more than this kid, but this is the way they [DynCorp] grease their pockets. What they say in Bosnia is that DynCorp just needs a warm body -- that's the DynCorp slogan. Even if you don't do an eight-hour day, they'll sign you in for it because that's how they bill the government. It's a total fraud."

Remember, Johnston was fired by this company. He laughs bitterly recalling the work habits of a DynCorp employee in Bosnia who "weighed 400 pounds and would stick cheeseburgers in his pockets and eat them while he worked. The problem was he would literally fall asleep every five minutes. One time he fell asleep with a torch in his hand and burned a hole through the plastic on an aircraft." This same man, according to Johnston, "owned a girl who couldn't have been more than 14 years old. It's a sick sight anyway to see any grown man [having sex] with a child, but to see some 45-year-old man who weighs 400 pounds with a little girl, it just makes you sick." It is precisely these allegations that Johnston believes got him fired.

Johnston reports that he had been in Bosnia only a few days when he became aware of misbehavior in which many of his DynCorp colleagues were involved. He tells INSIGHT, "I noticed there were problems as soon as I got there, and I tried to be covert because I knew it was a rougher crowd than I'd ever dealt with. It's not like I don't drink or anything, but DynCorp employees would come to work drunk. A DynCorp van would pick us up every morning and you could smell the alcohol on them. There were big-time drinking issues. I always told these guys what I thought of what they were doing, and I guess they just thought I was a self-righteous fool or something, but I didn't care what they thought."

The mix of drunkenness and working on multimillion-dollar aircraft upon which the lives of U.S. military personnel depended was a serious enough issue, but Johnston drew the line when it came to buying young girls and women as sex slaves. "I heard talk about the prostitution right away, but it took some time before I understood that they were buying these girls. I'd tell them that it was wrong and that it was no different than slavery -- that you can't buy women. But they'd buy the women's passports and they [then] owned them and would sell them to each other."

"At first," explains Johnston, "I just told the guys it was wrong. Then I went to my supervisors, including John Hirtz, although at the time I didn't realize how deep into it he was. Later I learned that he had videotaped himself having sex with two girls and CID has that video as evidence. Hirtz is the guy who would take new employees to the brothels and set them up so he got his women free. The Serbian mafia would give Hirtz the women free and, when one of the guys was leaving the country, Hirtz would go to the mafia and make sure that the guys didn't owe them any money."

"None of the girls," continues Johnston, "were from Bosnia. They were from Russia, Romania and other places, and they were imported in by DynCorp and the Serbian mafia. These guys would say 'I gotta go to Serbia this weekend to pick up three girls.' They talk about it and brag about how much they pay for them -- usually between $600 and $800. In fact, there was this one guy who had to be 60 years old who had a girl who couldn't have been 14. DynCorp leadership was 100 percent in bed with the mafia over there. I didn't get any results from talking to DynCorp officials, so I went to Army CID and I drove around with them, pointing out everyone's houses who owned women and weapons."

That's when Johnston's life took a dramatic turn.

On June 2, 2000, members of the 48th Military Police Detachment conducted a sting on the DynCorp hangar at Comanche Base Camp, one of two U.S. bases in Bosnia, and all DynCorp personnel were detained for questioning. CID spent several weeks working the investigation and the results appear to support Johnston's allegations. For example, according to DynCorp employee Kevin Werner's sworn statement to CID, "during my last six months I have come to know a man we call 'Debeli,' which is Bosnian for fat boy. He is the operator of a nightclub by the name of Harley's that offers prostitution. Women are sold hourly, nightly or permanently."

Werner admitted to having purchased a woman to get her out of prostitution and named other DynCorp employees who also had paid to own women. He further admitted to having purchased weapons (against the law in Bosnia) and it was Werner who turned over to CID the videotape made by Hirtz. Werner apparently intended to use the video as leverage in the event that Hirtz decided to fire him. Werner tells CID, "I told him [Hirtz] I had a copy and that all I wanted was to be treated fairly. If I was going to be fired or laid off, I wanted it to be because of my work performance and not because he was not happy with me."

According to Hirtz's own sworn statement to CID, there appears to be little doubt that he did indeed rape one of the girls with whom he is shown having sexual intercourse in his homemade video.

CID: Did you have sexual intercourse with the second woman on the tape?

Hirtz: Yes

CID: Did you have intercourse with the second woman after she said "no" to you?

Hirtz: I don't recall her saying that. I don't think it was her saying "no."

CID: Who do you think said "no"?

Hirtz: I don't know.

CID: According to what you witnessed on the videotape played for you in which you were having sexual intercourse with the second woman, did you have sexual intercourse with the second woman after she said "no" to you?

Hirtz: Yes.

CID: Did you know you were being videotaped?

Hirtz: Yes. I set it up.

CID: Did you know it is wrong to force yourself upon someone without their consent?

Hirtz: Yes.

The CID agents did not ask any of the men involved what the ages of the "women" were who had been purchased or used for prostitution. According to CID, which sought guidance from the Office of the Staff Judge Advocate in Bosnia, "under the Dayton Peace Accord, the contractors were protected from Bosnian law which did not apply to them. They knew of no [U.S.] federal laws that would apply to these individuals at this time."

However, CID took another look and, according to the investigation report, under Paragraph 5 of the NATO Agreement Between the Republic of Bosnia-Herzegovina and Croatia regarding the status of NATO and its personnel, contractors "were not immune from local prosecution if the acts were committed outside the scope of their official duties."

Incredibly, the CID case was closed in June 2000 and turned over to the Bosnian authorities. DynCorp says it conducted its own investigation, and Hirtz and Werner were fired by DynCorp and returned to the United States but were not prosecuted. Experts in slave trafficking aren't buying the CID's interpretation of the law.

Widney Brown, an advocate for Human Rights Watch, tells INSIGHT "our government has an obligation to tell these companies that this behavior is wrong and they will be held accountable. They should be sending a clear message that it won't be tolerated. One would hope that these people wouldn't need to be told that they can't buy women, but you have to start off by laying the ground rules. Rape is a crime in any jurisdiction and there should not be impunity for anyone. Firing someone is not sufficient punishment. This is a very distressing story -- especially when you think that these people and organizations are going into these countries to try and make it better, to restore a rule of law and some civility."

Christine Dolan, founder of the International Humanitarian Campaign Against the Exploitation of Children, a Washington-based nonprofit organization, tells Insight: "What is surprising to me is that Dyncorp has kept this contract. The U.S. says it wants to eradicate trafficking of people, has established an office in the State Department for this purpose, and yet neither State nor the government-contracting authorities have stepped in and done an investigation of this matter."

Dolan says, "It's not just Americans who are participating in these illegal acts. But what makes this more egregious for the U.S. is that our purpose in those regions is to restore some sense of civility. Now you've got employees of U.S. contractors in bed with the local mafia and buying kids for sex! That these guys have some kind of immunity from prosecution is morally outrageous. How can men be allowed to get away with rape simply because of location? Rape is a crime no matter where it occurs and it's important to remember that even prostitution is against the law in Bosnia. The message we're sending to kids is that it's okay for America's representatives to rape children. We talk about the future of the children, helping to build economies, democracy, the rule of law, and at the same time we fail to prosecute cases like this. That is immoral and hypocritical, and if DynCorp is involved in this in any way it should forfeit its contract and pay restitution in the form of training about trafficking."

Charlene Wheeless, a spokeswoman for DynCorp, vehemently denies any culpability on the part of the company, According to Wheeless, "The notion that a company such as DynCorp would turn a blind eye to illegal behavior by our employees is incomprehensible. DynCorp adheres to a core set of values that has served as the backbone of our corporation for the last 55 years, helping us become one of the largest and most respected professional-services and outsourcing companies in the world. We can't stress strongly enough that, as an employee-owned corporation, we take ethics very seriously. DynCorp stands by its decision to terminate [whistle-blower] Ben Johnston, who was terminated for cause."

What was the "cause" for which Johnston was fired? He received his only reprimand from DynCorp one day prior to the sting on the DynCorp hangar when Johnston was working with CID. A week later he received a letter of discharge for bringing "discredit to the company and the U.S. Army while working in Tuzla, Bosnia-Herzegovina." The discharge notice did not say how Johnston "brought discredit to the company."

It soon developed conveniently, according to Johnston's attorneys, that he was implicated by a DynCorp employee for illegal activity in Bosnia. Harlin, the young high-school graduate Johnston complained had no experience in aircraft maintenance and didn't even know the purposes of the basic tools, provided a sworn statement to CID about Johnston. Asked if anyone ever had offered to sell him a weapon, Harlin fingered Johnston and DynCorp employee Tom Oliver, who also had disapproved of the behavior of DynCorp employees.

Harlin even alleged that Johnston was "hanging out with Kevin Werner." Although Werner had no problem revealing the names and illegal activities of other DynCorp employees, Werner did not mention Johnston's name in his sworn statement.

Kevin Glasheen, Johnston's attorney, says flatly of this: "It's DynCorp's effort to undermine Ben's credibility. But I think once the jury hears this case, that accusation is only going to make them more angry at DynCorp. In order to make our claim, we have to show that DynCorp was retaliating against Ben, and that fits under racketeering. There is a lot of evidence that shows this was what they were doing and that it went all the way up the management chain."

According to Glasheen, "DynCorp says that whatever these guys were doing isn't corporate activity and they're not responsible for it. But this problem permeated their business and management and they made business decisions to further the scheme and to cover it up. We have to show that there was a causal connection between Ben's whistle-blowing about the sex trade and his being fired. We can do that. We're here to prove a retaliation case, not convict DynCorp of participating in the sex-slave trade.

"What you have here is a Lord of the Flies mentality. Basically you've got a bunch of strong men who are raping and manipulating young girls who have been kidnapped from their homes. Who's the bad guy? Is it the guy who buys the girl to give her freedom, the one who kidnaps her and sells her or the one who liberates her and ends up having sex with her? And what does it mean when the U.S. steps up and says, 'We don't have any jurisdiction'? That's absurd."

The outraged attorney pauses for breath. "This is more than one twisted mind. There was a real corporate culture with a deep commitment to a cover-up. And it's outrageous that DynCorp still is being paid by the government on this contract. The worst thing I've seen is a DynCorp e-mail after this first came up where they're saying how they have turned this thing into a marketing success, that they have convinced the government that they could handle something like this."

Johnston is not the only DynCorp employee to blow the whistle and sue the billion-dollar government contractor. Kathryn Bolkovac, a U.N. International Police Force monitor hired by the U.S. company on another U.N.-related contract, has filed a lawsuit in Great Britain against DynCorp for wrongful termination. DynCorp had a $15 million contract to hire and train police officers for duty in Bosnia at the time she reported such officers were paying for prostitutes and participating in sex-trafficking. Many of these were forced to resign under suspicion of illegal activity, but none have been prosecuted, as they also enjoy immunity from prosecution in Bosnia.

DynCorp has admitted it fired five employees for similar illegal activities prior to Johnston's charges.

But Johnston worries about what this company's culture does to the reputation of the United States. "The Bosnians think we're all trash. It's a shame. When I was there as a soldier they loved us, but DynCorp employees have changed how they think about us. I tried to tell them that this is not how all Americans act, but it's hard to convince them when you see what they're seeing. The fact is, DynCorp is the worst diplomat you could possibly have over there."

Johnston's attorney looks to the outcome. "How this all ends," says Glasheen, "will say a lot about what we stand for and what we won't stand for."

Kelly Patricia O'Meara is an investigative reporter for Insight.
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A Taxing Dilemma
By John Berlau
Published: Monday, April 23, 2001
When it was revealed that Dick Cheney would be running for vice president on the GOP ticket with George W. Bush, Cheney was pummeled with questions about potential conflicts of interest that might result from his holdings in Halliburton Corp., the oil-services company Cheney headed before he was tapped as Bush's running mate. Cheney sold the stock and turned over his unvested options to an independent administrator to give the proceeds to charity.

When Treasury Secretary Paul O'Neill announced he was going to keep his $100 million in stock and options in Alcoa Corp., where he had been chairman and chief executive officer, he was subjected to intense scrutiny in the media, including Insight (see "The $100 Million Misunderstanding," April 2-9). O'Neill did an about-face and announced on ABC's This Week that he would divest.

In sharp contrast, hardly a peep has been uttered, even from Republicans, about a Clinton-administration holdover who owns millions of dollars of stock in a company that has millions of dollars of contracts with the very agency he heads.

Charles O. Rossotti was appointed by Bill Clinton to head the IRS in 1997. His background in technology and business won praise at the time from both Republicans and Democrats. Rossotti had been chairman of American Management Systems (AMS), a Fairfax, Va.-based information-technology consulting firm that he cofounded after a stint as one of Robert McNamara's famed "Whiz Kids" at the Defense Department's Office of Systems Analysis. With the IRS computer systems in disarray and gross abuses of taxpayer rights unearthed during congressional hearings, members of Congress were eager to have a "manager" at the helm of IRS rather than another political tax attorney.

So eager, apparently, that the Senate Finance Committee agreed to let Rossotti keep his stock in AMS, even though the company was providing computer software and data-processing services to the IRS. At his confirmation hearing Rossotti promised Sen. William Roth of Delaware, then-chairman of the Senate Finance Committee, that he would divest "if AMS decides to bid for more work from the IRS beyond existing GSA contracts, or successor contracts of similar scope." He also said he would do his best to avoid even the appearance of a conflict of interest. "No one has, I do not think, a greater interest than I do in ensuring that no one believes, at this stage in my life, that I have taken on this job in order to further any particular interest of my own," Rossotti said.

Yet in a press release dated Nov. 7, 1997 - just four days after he was confirmed as IRS commissioner on a Senate vote of 92-0, but in a convenient interlude before he was sworn - Rossotti praised the achievements of AMS in a company press release announcing his IRS confirmation and AMS resignation. "This is an exciting time for AMS," Rossotti said, sounding like the major shareholder he is, in this release distributed to the business press by the PR Newswire service. "Within the next year, AMS is expected to reach $1 billion in revenues. The company will have nearly 9,000 employees working with leading organizations around the world, including the largest banks, telecommunications firms, government organizations, health-care providers and utilities. The outlook for the business is excellent, and I am confident that AMS' management team will continue the company's successful track record."

This statement, and other questionable actions such as putting state tax chiefs whose agencies contracted with AMS in top IRS positions, has raised questions among critics about how independent Rossotti really is of his former company.

"I think that in this case the line between public interest and his private interests is, at a minimum, blurred," says Mark Levin, president of Landmark Legal Foundation, a conservative public-interest legal group. "All the more reason to follow the lead of Mr. O'Neill and Mr. Cheney and so many other officials" who have divested themselves of large holdings in companies where they were executives.

According to his most recent financial-disclosure forms (filed in May 2000), at the end of 1999 Rossotti and his wife, Barbara, owned between $16 million and $80 million in AMS stock. In 1998, the New York Times reported that he was the largest individual shareholder in AMS, a company that last year had revenues of $1.28 billion.

At press time Rossotti had not responded to Insight's request for an interview. But Rossotti's spokesman, Frank Keith, tells Insight that his boss has no plans to divest: "He's done an incredible job of running the Internal Revenue Service, which is as large as most corporations. And he's done it successfully within the ethical constraints of his executed recusal statements."

Levin says there must not be a double standard in ethics for Bush appointees and Clinton holdovers such as Rossotti. "What Treasury Secretary O'Neill did stands in stark contrast to what Rossotti hasn't done and still refuses to do, which is divest himself of interest in a business that raises at least the appearance of a conflict," Levin says. "I think this is a snapshot of the difference between the Clinton and Bush administrations."

Former senator Roth tells Insight Rossotti's decision not to divest is still fine with him. "In today's world, it's almost impossible to avoid any perception of conflict of interest and you've got to get people that are qualified," Roth says. "I think we also have to have a little more confidence that a typical person is going to do what's right. i We're extraordinarily fortunate to have a man of his caliber." Sen. Charles Grassley, R-Iowa, who replaced Roth as chairman of the Senate Finance Committee after the Delaware Republican was defeated last November, has praised Rossotti for improving customer service by putting more IRS personnel on the taxpayer hot lines. He gave Rossotti an "A" for managing the agency in a recent Wall Street Journal article. But Grassley is a stickler for ethics, and a Senate Finance Committee staffer tells Insight the chairman is likely to review the issue, particularly if AMS is bidding for more IRS business than was under contract when Rossotti was confirmed.

"Grassley's good government," the staffer says. "I think you could certainly say that it's something that the Finance Committee is going to want to understand better."

And the scrupulous Grassley may have a lot to investigate. The IRS' Keith says that the agency signed three new contracts with AMS in 2000 that will pay the company more than $17 million this year. Keith stressed that the new contracts were "add-ons" to an existing contract with the IRS to provide financial-management systems. This means Grassley may be asking Rossotti whether the add-ons violate his pledge to the Senate Finance Committee in 1997 to divest if his old company did additional business with the agency.

Keith claims Rossotti recused himself "on matters relative to that financial-management system and the financial reports we must issue each year." But a Senate aide also tells Insight that there has been tension between the IRS and its parent agency, the Treasury Department, concerning whether Rossotti should recuse himself from dealings with these financial-management contracts. "The IRS is arguing that the conflict should be waived," the aide says. "Treasury is having problems with that. I believe it's still an ongoing issue between the two staffs."

Critics say that even if Rossotti were recusing himself he still would not be able to perform his duties without ethical question as long as he owned all that stock. And if he were to recuse himself from every issue that may affect AMS, he would be taking himself out of important agency decisions that he was appointed to manage. "The problem is that, particularly with an agency like the Internal Revenue Service or the Federal Bureau of Investigation or the Drug Enforcement Administration, you're talking about serious, powerful enforcement agencies," says Levin. "There must be absolute certainty in the public's mind that there is no conflict of interest and no appearance of a conflict of interest. The problem here is that it's hard to say with a straight face that there wasn't at least an appearance problem."

AMS contracts with the IRS are not Rossotti's only problem with conflicts, say critics. In the early 1990s, AMS began modernizing and integrating tax systems for state revenue departments. State tax collectors always have had an important relationship with the IRS. They frequently share data and cooperate on investigations. In addition, the IRS Restructuring and Reform Act, passed by Congress in 1998, gave state officials and certain private-sector specialists an incentive to come to work for the IRS.

Previously, top-paying IRS posts other than the commissioner had to be filled by career IRS employees. But the new law gave the commissioner the authority to hire executives for 40 positions from outside the agency and pay all the way up to the vice president's then salary level of $175,000 - still less than what many private-sector firms pay professionals, but a substantial pay raise for state officials.

In 1998, soon after the law was passed, Rossotti hired two state tax chiefs. He named Kansas Secretary of Revenue John LaFaver as the IRS deputy commissioner for modernization. Val Oveson, chairman of the Utah State Tax Commission, was made national taxpayer advocate. Both officials since have left the IRS: LaFaver now is director of the Treasury Department's Tax Advisory Program; Oveson is a senior director in the Salt Lake City office of Pricewaterhouse Coopers. Neither returned phone calls from Insight.

The rub is that, coincidentally or not, both officials oversaw agencies that had hired AMS to overhaul the tax computer systems of their respective states. The contracts together totaled almost $100 million, according to a 1999 Wichita Eagle article that noted the connections of these men to Rossotti's old firm. An IRS spokesman told Investor's Business Daily (IBD) that Oveson was found by an executive search firm and that both men passed ethical checks within the Treasury Department.

But the arrangement still seems odd to Mississippi Commissioner of Revenue Ed Buelow, who successfully sued AMS for breach of a contract to overhaul Mississippi's tax system. "It may not be technically wrong, but to me it's not proper," Buelow tells Insight. "To me the impropriety of it would be somewhat apparent. It's just too much of a coincidence: Out of 50 commissioners, why did those two get picked. Why wasn't it one of the other 47 that didn't have a contract. i If I had been in the position that Mr. Rossotti's in, I would have been somewhat reluctant to consider someone to whom I had a contract in the private sector for a top job with the IRS."

Another state official who found the hirings suspicious was Kansas Senate Minority Leader Anthony Hensley. A staunch Democrat, Hensley often criticized the governor and his appointees such as LaFaver. But in 1999 he also launched a volley against Rossotti, an appointee of his own party's president. "It looks almost like a pipeline," Hensley told IBD in 1999. "You cooperate with AMS, and you can move on to the IRS."

LaFaver responded by saying that Hensley's charge was "absolutely preposterous" because there was no way LaFaver could have known when he signed the contract with AMS that Rossotti would be IRS commissioner more than two years later. The question, say critics, is whether Rossotti was rewarding key state officials whose states gave AMS huge contracts. And AMS did use LaFaver's status in its marketing. In a sales brochure, as well as on its Website, AMS featured this quote: "The real results of this partnership will be the creation of the best tax incentives for any firm to locate and prosper in Kansas." The author of that commercial endorsement then was identified as "former Kansas Secretary of Revenue and current Deputy Commissioner of Modernization, U.S. Internal Revenue Service."

Tom Morgan, a professor of law who teaches legal ethics at George Washington University, sees nothing wrong per se with Rossotti hiring officials who happened to have steered big contracts to AMS. At the same time, he criticizes AMS' use of LaFaver's IRS status as a sales tool. "An implication of saying that you're going to withdraw from involvement is also a kind of representation that your company, from which you're currently benefiting, should not trade on the fact that you are IRS commissioner or that your deputy is a customer of the company," says Morgan. "That implies something that you've warranted is not true - namely, that there's some connection between the commissioner and the company."

AMS did not return Insight's repeated phone calls requesting comment.

Questions again surfaced last November when LaFaver's successor as Kansas secretary of revenue, Karla Pierce, announced she was leaving Kansas to go to work on the IRS computer-systems modernization project as an employee of Computer Sciences Corp., the lead contractor. In speaking to Insight, Hensley alleged, "There's a quid pro quo here." Pierce, a longtime employee of the Kansas Department of Revenue, had been project manager when the AMS overhaul began. She and LaFaver would meet with Rossotti when he came to Kansas as AMS chairman for quarterly status reports, according to IBD. Pierce defended AMS when the company's work was under attack by Kansas lawmakers of both parties after a rash of late refunds. Mississippi officials also say she tried to thwart their efforts to get information about the AMS problems in Kansas.

"I don't question that there's a connection and that he helped her get that job," says Armin Moeller, a partner at the Jackson, Miss., office of Phelps Dunbar, LLP, who represented Mississippi in the lawsuit. "Karla Pierce was a key player in defending AMS to the hilt. Karla Pierce was a key player in not cooperating with us."

Mississippi Commissioner Buelow agrees. "In my dealings with Miss Pierce, she conducted herself more as an employee of AMS than she did as a commissioner of revenue of a sister state," he says. "She was totally uncooperative as far as trying to help us, quite contrary to other states. [Other states and Mississippi] always shared information and tried to help each other find out how your project's doing. She wouldn't cooperate, she wouldn't return telephone calls. When I filed suit, she called me and told me if that would require her to do any testifying she wasn't going to do it, and she wasn't going to do anything at all to help us."

A Computer Sciences Corp. public-affairs officer did not return Insight's telephone calls and an e-mail inquiring about these matters. The IRS' Keith said he had "no information" concerning whether Rossotti had any input or influence over the company in the hiring of Pierce. Insight tried to reach Pierce directly at the company's Federal Sector Division at Falls Church, Va. An operator said no one with the name Karla Pierce was in the employee database.

Although Mississippi had contracted with AMS in 1993 to modernize and integrate the state's entire system of various taxes, by "April 1999 not a single tax-collection software program was operational," the lawsuit said. Buelow charged that AMS had misrepresented its work and diverted resources to other states. A jury found AMS guilty of breach of contract and, because the state had included lost revenue in its damages, ordered AMS to pay the state $475 million - one of the largest jury verdicts in the country last year. The state and AMS eventually settled for $185 million, $32 million of which - plus nearly $4 million in litigation costs - had to be charged against quarterly earnings. AMS currently is suing one of it insurers for not paying a settlement to the state before trial.

Some in Kansas think that Pierce may have saved AMS from a similar fate there and claim to see a connection to her new job. The Kansas tax system that AMS modernized seems to be running well now and received an award from the Federation of Tax Administrators. But, in 1999, refunds took nearly twice as long, on average, to be processed as the year before, according to a state legislative audit. Delinquent notices were sent out erroneously and lawmakers were flooded with calls from angry taxpayers.

Pierce defended AMS at the time, blaming the problem on legislative changes and the difficulty of finding temporary employees. But many lawmakers put much of the blame on AMS, saying that a multimillion-dollar system should have been able to handle the changes in tax law. Some wanted to follow Mississippi's lead and sue.

"When there was a lawsuit in Mississippi, that was the same time we were having lots of problems and many of us were suggesting that maybe we ought to be doing the same thing," recalls Kansas state Rep. Tony Powell, R-Wichita, a member of the House Tax Committee. "Even though things have improved at the department now, I'm not convinced it's because of this new tax system. i I still have questions as to whether this contract was a good deal."

But AMS touted Kansas in promotional materials as an example of its success with favorable quotes from LaFaver and Pierce. "Our vision will be achieved when we put the customer first every time," Pierce was quoted as saying in a brochure next to her picture. In news stories about the Mississippi case, AMS officials also cited the Kansas project as proof of their competence.

Another connection Rossotti still has to AMS is through his wife, Barbara. Barbara Rossotti, a partner at the Washington law firm of Shaw Pittman, which represented AMS, attended the trial in Mississippi and participated in the mediation and settlement conferences between the state and AMS, according to Buelow and Moeller. The latter recalls Barbara Rossotti giving very specific instructions about terms of the settlement. "She was acting almost as inside and outside counsel," Moeller says. "It was clear to me that when you speak to her, you're speaking to a real player. It seemed to be a bit different than your typical lawyer-client relationship."

Moeller says he was surprised to see her playing such an active role in the case, given that her husband was supposed to be distancing himself from the company. "It seemed clear to us she was there as his [IRS Commissioner Rossotti's] proxy," Moeller says. "As a partner at Shaw Pittman, she could work on all kinds of things. The bottom line was she was working on this."

Barbara Rossotti did not return Insight's repeated phone calls. The IRS' Keith insists her representation of AMS posed no problems. "Why, if the commissioner has executed a viable and rigorous recusal process to separate himself from any dealings with AMS in his capacity as the commissioner of the Internal Revenue Service, would his wife's employment have an impact?" Keith asks.

Moeller concludes, "All indications are that Charles Rossotti is a major influence, if not the primary influence, on AMS."

These are serious matters. The 1998 IRS Restructuring and Reform Act gave Rossotti a five-year term that will not end until November 2001, but it also provides that "the commissioner may be removed at the will of the president." Tom Fitton, president of the conservative ethics watchdog group Judicial Watch, thinks Rossotti's ties to AMS, as well as the allegedly politicized audits of many conservative groups critical of the Clinton administration that continued during his tenure (see sidebar, p. 12), justify his removal. The IRS commissioner's actions "raise the appearance that Rossotti and his family are working for AMS rather than the American people," Fitton says. "The taxpayer should have full faith and confidence that the IRS is not acting on behalf of any special interest, whether it be politicians like Bill Clinton or big businesses like AMS."

*****POLITICAL AUDITS REVISITED*****

During the mid-nineties, a long list of conservative groups and Clinton critics were subjected to audits by the IRS. It seemed to many that every time someone on the right - from the Western Journalism Center to Paula Jones - criticized the president, they would be visited by the IRS and put through the turmoil and fear of a government audit.

Many traced these allegedly politicized audits to IRS Commissioner Margaret Milner Richardson, who President Clinton appointed in 1993. Richardson was an accomplished Democratic fund-raiser and a close friend of Hillary Rodham Clinton. She was a determined partisan who served on the president's transition team and, while boss of the IRS, even attended the 1996 Democratic National Convention.

So it was hoped that when Charles Rossotti, an information-technology executive with good managerial skills and no apparent ties to the Clinton administration, came aboard in 1997 the rash of audits would stop.

But as long as Clinton was in power the suspicious audits continued. In May 2000, less than two months after a report from the Joint Committee on Taxation found "no credible evidence" of politically motivated audits during Clinton's tenure, the nursing home owned by Juanita Broaddrick - who alleged that Clinton raped her while he was Arkansas attorney general - was subjected to an audit from the IRS. Then, in August, Katherine Prudhomme, a woman who grilled Al Gore in New Hampshire about the Broaddrick case, found out from the IRS that she owed $1,500 in back taxes just hours before she spoke at a rally in front of Hillary Rodham Clinton's New York campaign headquarters. (The IRS has resolved Prudhomme's case in her favor, but Broaddrick's case continues, according to Larry Klayman of Judicial Watch, the public-interest law firm now representing both women.)

The National Center for Public Policy Research, a group critical of the Clinton administration's environmental policies, received a new audit in 2000 after getting a clean bill of health from an earlier audit in 1996. Bill O'Reilly, who ripped into Clinton every weeknight on Fox News, was audited three years in a row after he began hosting The O'Reilly Factor. And the Heritage Foundation and Citizens Against Government Waste, two nonprofit organizations audited in 1996 for sending out fund-raising letters signed by presidential candidate Bob Dole that the IRS deemed too political, did not get closure on their cases until after the November 2000 elections.

But according to Rossotti, a former Robert McNamara "Whiz Kid," politicized audits never were a problem during the Clinton years. Upon release of the Joint Committee report, Rossotti issued the following statement: "With this report, I think we can safely lay to rest concerns that the resources of the IRS have been diverted for political purposes." His spokesman, Frank Keith, tells Insight that Rossotti stands by that statement today.

At least one member of the congressionally created National Commission on Restructuring the IRS finds Rossotti's comments very disturbing. "It suggests he's part of a cover-up rather than getting to the bottom of this," says Grover Norquist, president of Americans for Tax Reform and an informal adviser to the Bush administration. "Those obviously targeted political audits are a scandal, and if Rossotti doesn't get them stopped and uncovered - if Rossotti's not capable of doing that, if he continues to cover up - he should resign or be asked to leave." - JB
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GOVERNMENT ETHICS - IRS Boss Snagged Clinton Waiver
By John Berlau
Published: Monday, May 7, 2001
Two weeks ago when Insight was reporting potential conflicts of interest involving IRS Commissioner Charles O. Rossotti's large holdings in a company that does millions of dollars' worth of business with his own agency (see "A Taxing Dilemma," April 23), the IRS said not to worry. Rossotti is recused from dealing with the huge government contracts of American Management Systems (AMS), the company that he cofounded and of which he remains the major shareholder, said Frank Keith, the IRS' national director of communications. "The commissioner has executed a viable and rigorous recusal pro-cess to separate himself from any dealings with AMS," Keith insisted.

Now Insight has learned that in December 2000 the Clinton administration blew a very large hole in the wall that is supposed to separate Rossotti, whom Clinton appointed as commissioner in 1997, from dealing with his old company. Along with the last-minute pardons and "midnight regulations" that the administration rushed through in its last two months, it also issued a waiver of conflict-of-interest rules that allows Rossotti to participate in decisions that directly could affect the AMS bottom line. Insight has obtained a copy of that waiver.

Signed on Dec. 11, 2000, by Clinton's deputy Treasury secretary, Stuart Eizenstat, the waiver allows Rossotti to join in discussions and decisions about the IRS' Custodial Accounting Project, which uses an automated financial-management system and software provided by AMS. "I have determined that your disqualifying financial interest in the Custodial Accounting Project [CAP], which arises from your ownership interest in American Management Systems Inc. [AMS], is not so substantial as to be deemed likely to affect the integrity of the services that the government may expect to receive from you with respect to the CAP," Eizenstat wrote. Clinton's man noted that, without this waiver, federal law "would preclude [Rossotti] from participating in the CAP because certain decisions would have a direct and predictable effect on your financial interest in AMS."

Eizenstat, now a partner at the hugely powerful Washington law firm of Covington & Burling, did not return Insight's telephone calls asking why the waiver was necessary.

The conflict-of-interest waiver allows Rossotti to participate in "budget and resource-allocation issues, the prioritization of the CAP and high-level design and architecture issues." It gives him the power to decide how much money will go to the project and, indirectly, to AMS, say experts.

At press time, the IRS had not returned Insight's telephone calls for comment about the newly revealed waiver and other issues that have surfaced.

And this is no minor matter, say ethics specialists. Rossotti called the Custodial Accounting Project "critical" to IRS' ongoing computer-system modernization in testimony to a House subcommittee on April 4. The IRS has asked Congress for $50 million for the project in fiscal 2002 alone. Overall, the Bush administration's budget gives the IRS an 8 percent funding increase in 2002, double the 4 percent average re-quested for all agencies. The additional funds reflect the computer modernization.

Because so much of this money could flow to AMS - scheduled to be paid more than $17 million this year by the IRS, according to IRS spokesman Keith - some have expressed concern. "I always want to be certain that government officials are avoiding conflicts of interests, but I won't jump to any conclusions," Rep. Ernest Istook Jr., R-Okla., chairman of the House Appropriations subcommittee that oversees IRS funding, tells Insight through a spokeswoman.

Officials of some of the watchdog groups that insisted Treasury Secretary Paul O'Neill divest his $100 million worth of Alcoa stock (see "The $100 Million Misunderstanding," April 2-9) now say that Rossotti's situation is more serious than O'Neill's would have been had he not agreed to sell the stock. "The point there [with Alcoa] was that there was very little the Treasury Department could do that would not impact Alcoa, and I think eventually Secretary O'Neill came around to that conclusion," says Larry Noble, executive director of the Washington-based Center for Responsive Politics. "I think the same principles apply [to Rossotti], a little bit more directly here in the sense that the IRS is doing business with AMS."

Charles Lewis, the executive director and founder of the Center for Public Integrity who called strongly for O'Neill to divest, says Rossotti should follow O'Neill's lead. "If O'Neill should have divested, then clearly this guy should divest," Lewis tells Insight. "The O'Neill stuff that came up about Alcoa was really speculative about things that might involve Alcoa. This is an instance with Rossotti where the company has direct dealings with the government [agency], and it's headed by their former chairman. ... This is much more specific, much more real, because this is a direct vendor with the agency, and he's not taken any of the various steps one would take to create an arms-length distance."

Lewis also is disturbed that the Clinton-Eizenstat waiver could make the potential for conflict even greater. "Rossotti has gotten a waiver and can in fact be involved in conversations about his old company," he says. "He clearly has a problem."

The founder of the Center for Public Integrity worries that "there could be the perception that this company is flourishing because their former chairman is the head of the IRS and that they're getting favorable treatment inside the IRS." Lewis also is concerned that Rossotti's large holdings might tilt IRS employees to favor AMS. "They all know about his association and substantial source of his personal wealth, and that's not a fact lost on bureaucrats whose job it is to survive and know these things."

And apparently AMS hasn't hesitated to throw its weight around the agency. According to Tax Notes, a well-respected weekly journal that covers tax policy, AMS Chairman and then-CEO Paul Brands and other AMS executives met with IRS officials in May and "expressed concern that the IRS was reluctant to procure upgrades and new releases of AMS' financial software." The AMS executives accused the IRS officials of being slow to make decisions about purchases of AMS products because Rossotti was commissioner, but did not "provide any specific instances of such actions by IRS personnel," according to the article written by veteran tax reporter George Guttman.

AMS has not returned Insight's many phone calls about the Tax Notes article or other matters related to potential or alleged conflicts of interest in these matters.

Lewis admits it's possible that AMS actually could be getting less-favorable treatment than other IRS vendors because of Rossotti's millions of dollars worth of holdings, but he thinks that's unlikely. "I don't have any evidence of heartrending hardships brought on companies whose executives joined the administration of whichever party," Lewis says.

Some see the extensions AMS keeps getting to a contract from the late 1980s to provide the IRS with an automated financial system as evidence that it may have been getting special treatment from the agency. The IRS had stressed that the $17 million in one-year contracts the agency signed with AMS last year were "add-ons" to the existing contract and did not violate Rossotti's pledge to divest if AMS pursued new business with the IRS. But insiders wonder why the IRS keeps buying these add-ons without taking new bids or offers from AMS' competitors.

"It could be that what they're doing is extending contracts as a way to get around the problem of issuing new contracts or going out for bids," says Noble of the Center for Responsive Politics.

Meredith McGehee, senior vice-president of the government-ethics advocacy group Common Cause, says these appearance issues will continue to haunt Rossotti as long as he refuses to divest. "When you have the commissioner of a very high-profile agency holding stock in a company that's doing business with that agency, obviously it raises concerns," McGehee tells Insight. Mentioning the allegations of IRS' hiring of state tax chiefs as a reward for steering business to AMS, McGehee says, "I would not ever be able to tell what the truth is. But the point is the questions are being raised, and having the questions raised is part of what damages the public confidence here."

Insight meanwhile has learned that John LaFaver, the Kansas secretary of revenue who contracted with AMS and then was hired by Rossotti as the IRS' deputy commissioner of modernization, has left for the private sector. He recently became vice president for state and local solutions at AMS, which had used his favorable comments about the company in a marketing brochure while noting his status at the IRS. Reached at AMS headquarters in Fairfax, Va., LaFaver tells Insight, "I don't think I'm going to comment." He says he doesn't remember whether he made the endorsement of AMS as Kansas revenue secretary or IRS deputy commissioner.

As Insight previously reported, Karla Pierce, LaFaver's successor who defended AMS when lawmakers were blaming the company for a rash of late tax refunds and erroneous delinquent notices, recently was hired as director of organizational transformation for the IRS' modernization project by the agency's lead contractor, Computer Science Corp. (CSC). After the deadline for Insight's first article, CSC sent a statement saying that "CSC was impressed by her significant accomplishments as secretary" of revenue in Kansas. But nowhere did the statement deny allegations that Rossotti used input or influence to get Pierce the job.


Posted by maximpost at 10:53 PM EST
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S'pore-based firm named in Libyan nuclear probe
But parts it supplies also meant for 'generic' use
By CHEN HUIFEN
(SINGAPORE) An international probe into the seized centrifuge parts that were meant for Libya's nuclear weapons programme has thrown up the name of a Singapore-based company.
Bikar Metal Asia Pte Ltd, a raw materials trading subsidiary of a German company, was said to have supplied parts to a Malaysian firm that had shipped the cargo.
But officials have so far deemed the components to be 'generic' or 'dual-purpose parts that can be used in any number of applications'.
When contacted yesterday, a Bikar spokesman said he is shocked by the link. 'Please understand that I also have to look into the issue,' the spokesman said. 'My first official comment is that we definitely have not supplied sensitive materials.'
Bikar said it will issue a press statement today.
A subsidiary of Bikar Metalle of Germany, Bikar is primarily involved in supplying aluminium products. The company imports raw materials from Europe and sells them to the region. It was incorporated here in 1999.
In 2002, the company generated a net profit of about $81,400 on a turnover of about $4.9 million.
Malaysian officials said yesterday that Bikar had supplied raw materials to Scomi Precision Engineering (Scope) - which is being investigated for a cargo that was seized by Italian authorities on a Libya-bound ship, BBC China, on Oct 4 last year.
The five containers with centrifuge components bore Scope's name when they were seized.
Centrifuges may be used for legitimate purposes in the waste water treatment, pharmaceutical or petrochemical industries. They can also be used in enriching uranium to produce nuclear energy.
Earlier news reports said that a Sri Lankan businessman, BSA Tahir, had helped negotiate a RM13 million contract for Scope to supply 14 semi-finished components to a Dubai-based company, Gulf Technical Industries (GTI).
The shipment was to be done in four consignments, between December 2002 and August 2003. Bikar was said to have supplied the raw materials to Scope for the order.
Malaysian authorities are working with the International Atomic Energy Agency on the investigation.
'We were told that it was for the oil and gas industry,' Scope's factory manager, Che Lokman Che Omar, said in an AFP report. 'We produced strictly according to the drawings provided by GTI.'
Mr Lokman added that the factory, set up in 2001, derived 80 per cent of its turnover from GTI during its first year of operation. But the company had since expanded and now serves other overseas customers in the oil, gas and auto industries. None of them are from Libya, the Middle East or North Korea, he said.
Scope is a subsidiary of oil and gas services company Scomi Group, which is controlled by Kamaludin Abdullah, the only son of Malaysian Prime Minister Abdullah Ahmad Badawi. It is listed on the Second Board of the Kuala Lumpur Stock Exchange.
The Malaysian government has rejected claims by CIA director George Tenet that the factory under investigation is part of a nuclear black market network.
In a speech in Washington, Mr Tenet said the international proliferation network headed by Pakistani scientist Abdul Qadeer Khan had been dealt a crushing blow by his exposure, noting that several of his senior officers are in custody and that 'Malaysian authorities have shut down one of the network's largest plants'.
A senior Malaysian official flatly rejected Mr Tenet's claim, saying the factory under investigation has not closed and that US intelligence could not be trusted.
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Malaysia denies role in nuclear smuggling
By John Burton in Singapore
Published: February 7 2004 4:00 | Last Updated: February 7 2004 4:00
Malaysia yesterday rejected suggestions that it might have played a key role in an international nuclear technology smuggling network after George Tenet, the CIA director, said "one of the network's largest plants" was in the country.
The assertion by Mr Tenet came after Malaysia said it was investigating Scomi Group, a company owned by the son of the country's prime minister, for possibly supplying centrifuge parts for Libya's nuclear weapons programme.
In a speech on intelligence issues on Thursday, Mr Tenet apparently sought to commend Malaysia by saying that "Malaysian authorities have shut down one of network's largest plants." He refused to identify the plant when later asked whether he was referring to Scomi.
The reference, however, has embarrassed Malaysia. "To say it is the largest part of a network is totally inaccurate. It is coming from a CIA director who is discredited - he screwed up the intelligence going into Iraq," a senior Malaysian official told Associated Press.
Malaysian officials said there was no evidence suggesting Scomi manufactured centrifuge parts for export to Iran and North Korea as part of the underground nuclear network organised by Abdul Qadeer Khan, Pakistan's leading nuclear scientist.
They also said they were satisfied that the Scomi centrifuge parts had dual-use applications in the medical or petrochemical industries. Centrifuges can be used to enrich uranium in nuclear weapons programmes. Scomi said because the order was for parts only, it had no idea of their "end-use".
Malaysia yesterday sought to deflect attention by claiming that Bikar Metal Asia, a Singapore-based subsidiary of German company Bikar Metalle, supplied raw materials to Scomi and was being investigated. Bikar Metal confirmed that it had supplied aluminium sheets and steel components for industrial use to Scomi Precision Engineering, which made the centrifuge parts, but was unaware of any link to Libya's nuclear programme.
Scomi said it received a $3.4m (?2.7m, ?1.8m) order in 2002 to supply "14 semi-finished components" for Dubai-based Gulf Technical Industries. The deal was arranged by BSA Tahir, a Sri Lankan businessman, who "is the subject of an investigation by Malaysian, American and British intelligence authorities over his alleged involvement in the supply of nuclear technology to Libya", said Scomi.
The Malaysian police said Scomi built a factory outside Kuala Lumpur to handle the contract, "which was said to be a legitimate transaction".
Scomi's link to Libya was discovered when crates containing the centrifuge parts were found on a Libya-bound ship seized last October under the US-led Proliferation Security Initiative programme. Najib Razak, Malaysian deputy prime minister, said the issue was not raised by John Bolton, the US undersecretary of state for arms control, during his visit last month.
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German firm linked to Libyan nuke programme denies wrongdoing
6:00pm Sat Feb 7th, 2004
A German metals exporter toay denied any wrongdoing after being linked to a Malaysian firm under investigation for allegedly supplying parts for Libya's nuclear programme.
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Malaysians reject US claim over nuclear role for factory
ROHAN SULLIVAN IN KUALA LUMPUR
THE Malaysian government yesterday rejected the assertion by the CIA director, George Tenet, that a plant under investigation for making centrifuge parts for Libya was one of the largest servicing the international black market in nuclear technology.
Scomi Precision Engineering, which is linked to the son of the prime minister, Abdullah Ahmad Badawi, insisted yesterday it was an unwitting participant in any illicit trade, and opened its doors to journalists in a bid to show it had nothing to hide.
The factory manager, Che Lokman Che Omar, said the parts that the CIA alleges were intended for Libya's nuclear programmes were indistinguishable from hundreds of components the company makes for the auto and oil and gas industries.
"To me, they were just normal parts," Mr Che Lokman said. "I have been using these machines for 15 years, and I have made many more difficult parts."
Rohaida Ali Badaruddin, a spokeswoman for the company, known by its acronym SCOPE, said it made sure its contract indemnified it from "any illegal activity". However, it did not ask what the components would ultimately be used for or check its customers' background, she said.
SCOPE is a precision-engineering subsidiary of the Scomi Group, whose majority shareholder is Kamaluddin Abdullah, 35, the prime minister's only son.
The firm made "14 semi-finished components" for the Dubai-based Gulf Technical Industries and shipped them between December 2002 and August 2003 in a $3.4 million (?18.5 million) deal negotiated by a Sri Lankan middleman, BSA Tahir.
Malaysian and western officials say Mr Tahir is an associate of Abdul Qadeer Khan, the Pakistani scientist accused of selling nuclear secrets to Iran, Libya and North Korea.
In a speech in Washington on Thursday, Mr Tenet said Mr Khan's global network had been dealt a crushing blow by his exposure, noting that several of his senior officers are in custody and "Malaysian authorities have shut down one of the network's largest plants".
A senior Malaysian official flatly rejected Mr Tenet's claim, saying the factory has not closed and that US intelligence could not be trusted.
The CIA and Britain's MI6 said the deal involved supplying centrifuge components for Libya's uranium enrichment programme. The parts, in boxes bearing SCOPE's name, were in a shipment seized in Italy in October en route to Libya.

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CIA chief wrong on plant closure in Malaysia
Raymond Bonner NYT
Friday, February 6, 2004
SHAH ALAM, Malaysia Did American intelligence get it wrong? And on something that was visible without sophisticated satellites or cloak-and-dagger work, but to the naked eye?
In his speech in defense of American intelligence-gathering at Georgetown University on Thursday, the director of central intelligence, George Tenet, pointed to what he described as success against the black-market nuclear proliferation network run by the Pakistani scientist Abdul Qadeer Khan.
"Malaysian authorities have shut down one of the network's largest plants," Tenet said. He repeated the assertion when answering a question: "The Malaysian government has closed the facility."
Categorical. Unequivocal. But, it appears, wrong. And if this was one of the networks "largest" plants, it does not appear to have been a very threatening network.
"It's business as usual," said Rohaida Ali Badaruddin, as she led a group of reporters, mostly Malaysian, through the spanking-clean, highly modern, air-conditioned Scomi Precision Engineering facility on Friday afternoon. The company has been accused of being part of the network that made the centrifuge components on a ship, the BBC China, that was seized last October on its way to Libya.
"We are still doing our manufacturing - milling, turning, cutting," said Badaruddin, the director of communications for the Scomi Group, the parent company of Scomi Precision Engineering, which has only 24 employees.
The factory's manager, Che Lokman Che Omar, said that the parts were "not very sophisticated, not very complicated." He added, "I have made more difficult parts many times before."
If someone came along today and wanted the same parts that were seized on the ship, the company could make them, he and Badarrudin agreed.
And might not have any reason to be suspicious - just as the company was not suspicious the first time.
In 2001, Scomi Group, a chemical, oil and gas trading and manufacturing company, was approached by a Dubai company, General Technical Industries, with an order for 14 centrifuge components. Scomi was in an expansion mode and decided to use this opportunity to set up Scomi Precision Engineering, Badaruddin said.
A two-year contract, worth about $3.5 million, was signed in December 2001, and the company began working in an airy 3,100 square-meter, or 33,000 square-foot, facility in the massive industrial park in Shah Alam, about 25 kilometers, or 15 miles, north of Kuala Lumpur. It bought modern machines from Britain, Japan, France and Taiwan.
It also needed the raw materials and bought high-quality aluminum from a German company, Bikar Metalle, through its Singapore subsidiary, Bikar Metal Asia. As the investigation into the nuclear network has expanded, and Scomi's involvement has become public, the Malaysian government on Friday tried to shift the focus to Singapore. It leaked the name of Bikar Metal Asia, which was prominently mentioned on the front page of the New Straits Times, the Malaysian newspaper that is controlled by the ruling party.
In Singapore on Friday, the managing director of Bikar Metal Asia, Thorsten Heise, confirmed that his company had sold aluminum tubes to Scomi Precision Engineering. But he said that his company had no idea what they were going to be used for. "If you sell your car, and someone uses it to commit a crime, are you responsible?" he asked. He was visibly angry and said that he was considering legal action against the New Straits Times for ruining his company's reputation.
Scomi officials also said that they had no idea where the components they were making were going to end up. They were so-called dual-use items, which means that they had legitimate uses as well, in this case in the oil and gas industry.
The company invited journalists to tour the plant to show that the company has nothing to hide, Badaruddin said. It was a striking display of corporate openness, even more so in a country and region where corporate and public officials are not accustomed to aggressive reporting. The New York Times
Copyright ? 2002 The International Herald Tribune
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Gov't denies nuclear link but local company under probe
10:33am Thu Feb 5th, 2004
The police are investigating a company controlled by a son of Prime Minister Abdullah Ahmad Badawi over allegations that it was involved in supplying parts for Libya's nuclear weapons programme. However, they denied any government involvement in producing nuclear components.
Four consignments shipped out
Factory in Selangor
Call for independent inquiry

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Ashtray or nuclear component? Malaysian machinists say it's impossible to say
ROHAN SULLIVAN, Associated Press Writer
Friday, February 6, 2004
(02-06) 19:10 PST SHAH ALAM, Malaysia (AP) --
The blue-shirted workers say they thought they were making parts for the oil and gas industry. The CIA says this nondescript factory on the outskirts of Malaysia's largest city was, in fact, churning out components for Libya's nuclear weapons program.
Malaysia has become the latest nation caught in a widening probe into the global black market in nuclear know-how and equipment, triggered by Pakistan's admission that its top nuclear scientist, Abdul Qadeer Khan, sold technology to Iran, Libya and North Korea.
Managers at the Malaysian factory owned by Scomi Precision Engineering, or SCOPE, opened their doors to journalists Friday in an effort to prove their contribution to nuclear proliferation -- if any -- was unwitting.
The case raises questions about export and trade regulations on so-called "dual-use" items, components for illegal technology that are indistinguishable from common machine parts to all but the experts.
"To me, they were just normal parts," said Che Lokman Che Omar, manager of the SCOPE factory. "I have been using these machines for 15 years, and I have made many more difficult parts."
Around him, technicians worked on tooling machines, carving precision edges onto bits of aluminum and stainless steel destined for car parts and industrial tubing.
Four months ago, according to the CIA and Britain's MI6, similar parts were found in boxes marked with SCOPE's name aboard a ship bound for Libya. Investigators say the parts were for centrifuges, machines that can be used to enrich uranium for nuclear weapons production.
Scomi Precision Engineering's majority shareholder is the son of Malaysian Prime Minister Abdullah Ahmad Badawi. The government rejected CIA Director George Tenet's assertion that SCOPE was one of the largest plants servicing a nuclear black market.
"To say it is the largest part of a network is totally inaccurate," a government official told The Associated Press, speaking on condition of anonymity. "It is coming from a CIA director who is discredited -- he screwed up the intelligence going into Iraq."
According to Malaysian police, SCOPE built its Shah Alam factory to fill an order from the Dubai-based Gulf Technical Industries, which negotiated a $3.4 million contract through a Sri Lankan middleman named B.S.A. Tahir.
Between December 2002 and August 2003, SCOPE shipped four consignments to the Gulf company, according to SCOPE's parent company, the Scomi Group.
Using designs from the customer, SCOPE made 14 parts from high-grade stainless steel and aluminum obtained from the Singapore branch of a German supplier, Che Lokman said. He said 15 Malaysian contractors did the work, their employment terminated when the contract was filled.
Scomi group spokeswoman Rohaida Ali Badaruddin said the Gulf company never told SCOPE what the parts were for, and SCOPE never asked.
"We make sure we are indemnified against any illegal activity in the contract," Rohaida said, but the company makes no background checks of clients or inquires about the end-use of products it make.
Rohaida said SCOPE complied with government regulations in shipping the parts found in the Libya-destined crates. While an export permit is required for "sensitive items," none was sought in this case because nothing appeared out of the ordinary, she said.
Tahir, the middleman, visited the factory several times, as did engineers from Dubai, Che Lokman said. "To my memory," he said, Pakistan's top nuclear scientist, Khan, never came.
But a Malaysian official, speaking on condition of anonymity, told AP that Khan visited Malaysia several times -- including to attend Tahir's wedding.
National police chief Mohamed Bakri Omar said his Special Branch started investigating the Tahir-arranged deal after the CIA the MI6 informed them about the Libya shipment last November.
Che Lokman said Malaysian police first came to the factory "two or three weeks ago" and that no foreign investigators had visited. He also said there were up to 30 other companies in Malaysia able to make the components in the Dubai deal. SCOPE is the only company identified as under investigation.
He said the factory currently has several clients, Malaysian and international, but declined to give details citing confidentiality.
Rohaida said SCOPE's services were precision milling and cutting, and its engineers do not have the expertise to know the use of the items they are making. If the company received a similar order to the one SCOPE filled for the Libya shipment, it would have no reason to turn it down. "Milling and cutting is the same today as it was before," she said.
Malaysian authorities say they are satisfied that the components built by SCOPE may have had medical or petrochemical uses. But U.S. and European officials have told AP the components from Malaysia were highly sophisticated and would have few uses other than nuclear enrichment.

Posted by maximpost at 8:35 PM EST
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Le suicide judiciaire d'Alain Jupp? atteint Jacques Chirac
Alain Dumait - samedi 07 f?vrier 2004
envoyer cet article ? un ami
Alain Jupp? a laiss? ses amis politiques vitup?rer contre une d?cision de justice, et, par l? m?me, men? une surprenante campagne contre le principe m?me de l'ind?pendance des magistrats. Quand, vendredi dernier 30 janvier, est tomb?, ? 14 h 20, dans la salle d'audience du tribunal correctionnel de Nanterre, le jugement le condamnant ? mort politiquement, il aurait mieux fait de s'en prendre aux vrais responsables, c'est-?-dire, outre lui-m?me, son avocat et aussi son p?re en politique, un certain Jacques Chirac.
Car un accus?, quel qu'il soit, jusqu'au dernier moment de l'audience publique, conserve la libert? de choisir, au moins, les moyens de sa d?fense. Et Alain Jupp?, dans cette affaire, a ?t? tr?s mal conseill? par l'avocat personnel de Jacques Chirac, Ma?tre Francis Szpiner, sur l'instigation duquel, jusqu'au bout, il a pris le parti de nier les faits, pourtant ?vidents et d'ailleurs reconnus comme tels par plusieurs de ses adjoints. ? savoir que, jusqu'en 1995, date de la premi?re ?lection ? la pr?sidence de la R?publique de Jacques Chirac, la Mairie de Paris a bel et bien ?t? utilis?e non seulement comme un quartier g?n?ral permanent de campagne mais ?galement comme une vache ? lait.
Tout le monde, y compris les trois magistrats du tribunal de Nanterre, sait bien que les sept emplois fictifs reproch?s ? l'ancien adjoint aux finances de la Mairie de Paris, pris en charge par la ville de Paris et aussit?t mis ? la disposition du parti, ne constituent qu'une goutte d'eau dans un oc?an de turpitudes.
Bien s?r, comme l'avait fait en son temps son adversaire politique Henri Emmanuelli dans l'affaire Urba, il ?tait possible ? Alain Jupp? de plaider de larges circonstances att?nuantes. Il n'?tait qu'un maillon d'une cha?ne... Les mauvaises habitudes ?taient anciennes (1977, date de la premi?re ?lection de Jacques Chirac ? la Mairie de Paris)... Les lois sur le financement des formations politiques ?taient r?centes (? partir de 1988)... La loi criminalisant la prise ill?gale d'int?r?t des hommes politiques n'a ?t? vot?e, sous le gouvernement
d'?douard Balladur, qu'en 1995...
Si telle avait ?t? sa ligne de conduite, il aurait pu obtenir l'indulgence du tribunal, sous la forme d'une condamnation ferme mais limit?e dans le temps, peut-?tre m?me assortie d'un sursis, et sans inscription sur son casier judiciaire de toute in?ligibilit?.
Chirac n'est plus le garant de l'ind?pendance des magistrats
Au lieu de quoi, il a non seulement ni? l'?vidence, m?pris? le tribunal (en lui demandant la permission de ne pas assister ? la premi?re semaine des d?bats), mais encore il a lui-m?me cru devoir donner ? son affaire le maximum de r?sonnance en annon?ant, comme une menace, qu'un jugement s?v?re pour lui l'am?nerait ? quitter la vie politique. C'?tait un d?fi absurde et inutile que des juges normalement ind?pendants ne pouvaient pas ne pas relever.
Il est ? la fois tragique et comique de voir un homme dont tous ses ? amis ? vont r?p?tant qu'il est de la trempe des grands chefs d'?tat commettre une telle erreur de jugement. D'autant que personne ne conteste par ailleurs sa rapidit? intellectuelle. Quand il ?tait ? l'ENA, sortant de la prestigieuse ?cole Normale Sup?rieure, il ?tait m?me surnomm? Amstrad, du nom d'un ordinateur qui a eu son heure de gloire mais qui est aujourd'hui au cimeti?re de l'informatique. Comme lui, Alain Jupp? fonctionne vite. Mais son logiciel psychologique et politique laisse souvent ? d?sirer...
? sa d?charge, il ne pouvait pas faire autrement que de prot?ger Jacques Chirac dont il ?tait, au moment des faits, le subordonn?, comme a tenu ? le noter dans son jugement le tribunal de Nanterre. En disant qu'il ne savait pas, il pouvait aussi soutenir, a fortiori, que Jacques Chirac ne savait pas non plus. Mais, apr?s le jugement du 30 janvier, qui l'accable pour avoir solennellement menti, c'est le chef de l'?tat lui-m?me qui se retrouve en premi?re ligne.
Les juges du tribunal de Nanterre ont eu raison de rappeler dans leurs attendus qu'il ?tait grave, pour un ?lu, de tromper la confiance du peuple souverain en se livrant ? des actes condamn?s par le Code p?nal ou ?lectoral, et plus encore de la part d'un ?lu issu des meilleures ?coles de la R?publique, ancien Premier Ministre...
Tous les partis politiques - ? l'exception notable du Front national - ont ?t? touch?s c'est vrai par ? les affaires ? (termes pudiques pour d?signer les crimes et d?lits commis par des ?lus). ? gauche, ? l'exception d'un dossier qui doit ?tre plaid? ? Bayonne au mois de mai, les proc?dures sont presque toutes purg?es. Mais c'est loin d'?tre le cas du c?t? de l'UMP qui, dans les deux ann?es qui viennent, aura au moins cinq autres proc?s ? haut risque politique ? affronter.
L'ind?pendance des juges du tribunal de Nanterre peut constituer un exemple pour beaucoup d'autres. Il n'est pas s?r qu'en poussant ses amis ? d?noncer la soi-disant partialit? des juges, Jacques Chirac ait fait le bon choix...



Posted by maximpost at 4:55 PM EST
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North Korean kidnap attempt: Press conference with Mr Kim, leading human rights campaigner in North Korea and China
February 6 2004
Press conference: 10 am Wednesday 11th February, Committee Room W1, Parliament
Chaired by David Drew MP
A recent kidnap attempt on the North Korean defector who handed Mr Kim documentary evidence of chemical weapons testing on North Korean prisoners confirms North Korea's desperation to cover up the extent of its human rights abuses. The details of this kidnap attempt will be given at the press conference.
Mr Kim Sang Hun received these documents before this kidnap attempt and as one of the foremost human rights experts and activists on North Korea in the world, he appeared on the recent BBC2 programme Access to Evil: This World (broadcast on February 1).
He attests to the authenticity of this document showing that North Korea is transferring political prisoners from camps for chemical experimentation. He has helped over a hundred North Koreans escape by reaching embassies in Beijing and through other Asian countries and has also personally interviewed hundreds of North Koreans. He is highly active in campaigning for refugee status for North Koreans and for the release of aid workers in China. In 2003 he was honoured in Time Magazine Asia as an Asian Hero.
Mr Hiroshi Kato is Secretary General of the Japanese organisation Life Funds for North Korean Refugees, one of the most active groups helping North Koreans in China. Mr Kato was himself detained and mistreated by the Chinese who threatened to send him to North Korea and deny all knowledge of him if he did not co-operate. His colleague Mr Noguchi was arrested in December 2003 in China with two North Koreans. The Chinese authorities have said he may face a sentence of up to ten years. As North Koreans in previous cases involving Japanese aid workers have been repatriated, Mr Noguchi is refusing release unless the North Koreans are allowed to travel to a safe third country.
Mr Kim and Mr Kato will speak and answer questions on the situation facing North Koreans and aid workers in China and the situation in North Korea itself. In the run up to the new six way talks on North Korea, they will be emphasising the need for the international community to address the dangers the regime poses to the North Korean people as well as to the outside world. They will also be available for interview during the rest of their visit to London from Tuesday 10th to Friday 13th February.
Please contact CSW if you would like to attend the press conference.
A picture of Mr Noguchi is available.
NOTES TO EDITORS:
The desperate conditions in North Korea have prompted numerous North Koreans to make the difficult journey across the border to China. However, once in China they face different horrors. Lacking legal status, they are highly vulnerable to criminal elements and exploitative employers. Women are often sold into prostitution or as brides, at times unwittingly. Once `married' the man considers her his property and may keep her under lock and key, abusing her physically and sexually, even renting her out or selling her on to other men.
Tragically these women have few alternatives. They have nothing to escape to. If they go to the police, or are turned in by their husband, they will be sent back to North Korea.
The Chinese policy of repatriating North Koreans results in returnees facing torture and cruel imprisonment. Those who have been in contact with missionaries or South Koreans are subject to especially harsh treatment. Christians are likely to be executed or sent for life to hard labour camps. A number of eyewitness accounts report that women who are found to be pregnant by Chinese men are subject to forced abortion where this is possible or, where the pregnancy is more advanced, are kept in detention until they give birth, when their baby is them smothered to death in front of them.
Despite the harshness of the Chinese line towards the refugees, there are aid workers and missionaries who risk their own safety to shelter North Koreans. Moved by compassion they provide shelter and food to protect those arriving in China from such dangers. However, China is determined to eliminate the refugee situation and has staged a severe crackdown.
Part of the strategy is to destroy the network that provides humanitarian care to the North Koreans. Thus, China has placed bounties on the heads of aid workers in the area and arrested and sentenced many who have sheltered and escorted escapees.
China is in breach of its obligations under the 1951 UN Convention Relating to the Status of Refugees. This goes beyond flagrant violation to even punishing those who provide the protection that it is obligated to guarantee.
In December 2003 the Chinese authorities arrested Mr Takayuki Noguchi of the Japanese humanitarian organisation Life Funds for North Korean Refugees. Mr Noguchi, 32, who is responsible for international relations for the organisation, is being held in Nanning Prison in Guangxi in China.
Two North Koreans were arrested with Mr Noguchi. One is a woman in her 40s who was born in Tokai Region, Japan and taken to North Korea by her mother. The other is a man in his 50s who was born in West Japan and moved to North Korea in the early 1960s. Mr Noguchi has been anxiously pleading for intervention to secure the protection of the two refugees from repatriation.
A spokesman for the Chinese Government publicly stated that the investigation is ongoing and that Mr Noguchi could be subject to a sentence of up to ten years imprisonment.
Alongside concerns about abuses by the Chinese, human rights groups including CSW are deeply concerned about the widespread and systematic human rights violations occurring in North Korea. There are believed to be more than 100,000 people in prison camps inside North Korea. Among the many violations of basic rights are the systematic use of torture and the use of arbitrary and brutal imprisonment, characterised by violence, extreme deprivation, starvation food rations, intense forced labour, frequent accidents and disfigurement and high death tolls.
Further grave sources of injustice are the lack of due process, the regular use of arbitrary and public execution and the punishment of whole families for the crime of one family member.
The severity of the repercussions against individuals and their families mean that North Korea has largely succeeded in silencing reports of the atrocities committed within its borders. Alongside this, the extreme isolation and secrecy of the state has prevented the flow of information out of the country, while restricting freedom for external monitors to enter and assess the country.
More information on Life Funds for North Korean Refugees, including the full text of their press statement is available at www.northkoreanrefugees.com .
To view the Time Magazine article on Kim Sang Hun visit http://www.time.com/time/asia/2003/heroes/kim_sang_hun.html .

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N Korea denies chemical tests
North Korea has denied allegations it tests chemical and biological weapons on political prisoners.
A spokesman for the Foreign Ministry said the allegations were part of a United States-inspired "lie".
On Sunday, the BBC aired a documentary in which a former North Korean army intelligence officer said he had seen prisoners gassed to death.
US officials believe North Korea has chemical and biological weapons programmes.
Prisoners were like pigs or dogs. You could kill them without caring whether they lived or died
Kwon Hyok, North Korean defector
North Korea's official KCNA news agency targeted the US for the claim regarding chemical weapons testing.
"It is spreading a lie about the 'test of chemical weapons on prisoners'. This shows what a base anti-DPRK (North Korea) smear campaign the Bush group is engaged in," it said.
"It is a trite method of the present US administration to use those defectors for inventing lies and justifying a war of aggression under that pretext," the statement continued.
The BBC's documentary, shown on the series This World, interviewed defector Kwon Hyok, who said he was chief guard at North Korea's "Prison Camp 22", in Haengyong near the border with Russia.
Kwan Hyok told the programme that entire families had poisonous gases tested on them in glass chambers. He said scientists would observe the process through the glass.
The BBC reporter, Olenka Frenkiel, said she had independent confirmation that the defector was genuine, and documentation referring to the transfer of a prisoner for human experimentation.
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/asia-pacific/3461935.stm
Published: 2004/02/05 13:06:56 GMT
? BBC MMIV
---------------------------------------------------------------
Within prison walls
By Olenka Frenkiel
Reporter, This World
Kwon Hyok is one of about 4,000 North Korean defectors living in Seoul, South Korea.
Locations of secret prison camps, or Gulag, are marked in black
Most escaped because of hunger, fear, torture, imprisonment or a simple hatred of the regime.
But Kwon Hyok is not one of those. In 1999 he was a North Korean intelligence agent stationed in Beijing when he was persuaded by the South Koreans to defect.
Six years before, in 1993, Kwon Hyok says he was Head of Security at prison camp 22 in Haengyong, an isolated area near the border with Russia.
Camp 22 is one of a network of prisons in North Korea modelled on the Soviet Gulag where hundreds of thousands of prisoners are held.
Most of them have been charged with no crime. They are there because of the "Heredity Rule".
Prisoners were like pigs or dogs. You could kill them without caring whether they lived or died
Kwon Hyok
"In North Korea, " Kwon Hyok explains, "political prisoners are those who say or do something against the dead President Kim Il-sung, or his son Kim Jong-il. But it also includes a wide network of next of kin. It's designed to root out the seeds of those classed as disloyal to North Korea."
In prison, says Kwon Hyok, "there is a watchdog system in place between members of five different families. So if I were caught trying to escape, then my family and the four neighbouring families are shot to death out of collective responsibility."
Torture, he says, was routine. "Prisoners were like pigs or dogs. You could kill them without caring whether they lived or died.."
"For the first three years" he explained " you enjoy torturing people but then it wears off and someone else takes over. But most of the time you do it because you enjoy it."
Human experimentation
But Kwon Hyok had something else he wanted to tell.
I had no sympathy at all...I felt they deserved to die
Kwon Hyok
He says he witnessed chemical experiments being carried out on political prisoners in specially constructed gas chambers.
"How did you feel when you saw the children die?", I asked.
His answer shocked me.
"I had no sympathy at all because I was taught to think that they were all enemies of our country and that all our country's problems were their fault. So I felt they deserved to die."
Verification
There have been many rumours of human experimentation on political prisoners in North Korea. But never has anyone offered documentary proof. Until now.
In Seoul I met Kim Sang-hun, a distinguished human rights activist.
He showed me documents given to him by someone else completely unrelated to Kwon Hyok. He told me the man had recently snatched them illicitly from Camp 22 before escaping.
Kim Sang Hun is convinced the documents are not forgeries
They are headed Letter Of Transfer, marked Top Secret and dated February 2002 . They each bear the name of a male victim, his date and place of birth. The text reads: "The above person is transferred from Camp 22 for the purpose of human experimentation with liquid gas for chemical weapons."
I took one of the documents to a Korean expert in London who examined it and confirmed that there was nothing to suggest it was not genuine.
But I wanted to run a check of my own with Kwon Hyok. Without showing him the Letter of Transfer, I asked him very specifically, without prompting him in any way.
"How were the victims selected when they went for human experimentation? Was there some bureaucracy, some paperwork?"
"When we escorted them to the site we would receive a Letter of Transfer," he said.
Sadly, as long as these reports continue from defectors, and as long as the North Korean government continues to deny all allegations of human rights abuse, while refusing to allow access to its prisons, such allegations cannot be dismissed or ignored.
--------------------------------------------------------------------------------

Access to Evil was broadcast in the UK on Sunday, 1 February, 2004 at 2100 on BBC Two.
http://news.bbc.co.uk/2/hi/programmes/this_world/3440771.stm




>> PICTURES AT...NEXT GENERATION? LOVING FAMILY MAN?
http://news.bbc.co.uk/1/hi/world/asia-pacific/3203523.stm

North Korea's secretive 'first family'
By Sarah Buckley
BBC News Online
A series of recent memoirs by former cooks, a bodyguard and the sister of one of the lovers of North Korean leader Kim Jong-il have all served to conjure up a lurid portrait of a mercurial and extravagant dictator.
Kim won power thanks to his father - will the succession be so simple?
But besides detailing Mr Kim's lifestyle, they have also given important indications as to who may go on to succeed the 61-year-old leader - if one of the world's most secretive, and arguably most dangerous, regimes survives.
Analysing events inside North Korea is notoriously difficult, and the question of succession is mired in doubt and speculation.
Click here to see Kim Jong-il's family tree
What does seem widely agreed upon is that Kim Jong-il has produced an indeterminate number of children with a string of women.
Only one of these is known to have married him - Kim Young-sook, chosen for him by his father.
But his eldest son was born to another woman - North Korean movie star Sung Hae-rim, who suffered from depression and died in Moscow last year.
For a long time, analysts assumed that Kim Jong-il's most likely successor would be this boy - Kim Jong-nam.
Pyon Jin-il, editor of the Korea Report Tokyo, said he believed this was still the case.
"North Korea is a feudalistic country. Under feudalism the eldest brother is the heir of the father," he said.
But many believe Kim Jong-nam ruined his chances in 2001, when Japanese officials caught him trying to sneak into Japan using a false passport, an incident which caused severe diplomatic embarrassment to Pyongyang.
They argue that one of Kim Jong-il's sons with his "favourite" consort, Ko Young-hee, is the anointed successor.
The question is which son: Kim Jong-chul, or his younger brother Kim Jong-woong?
Many analysts believe Kim Jong-chul is the most likely, if only because he is the elder.
But a Japanese sushi chef who worked for Kim Jong-il for 13 years believed Kim Jong-woong to be the heir apparent because he considered his older son "like a girl".
Other key players are Kim Jong-il's younger sister, Kim Kyung-hee, and her husband Chang Song-taek - one of the North Korean leader's closest aides.
But Katy Oh, co-author of North Korea Through the Looking Glass said: "Kim Jong-il will be shrewd enough that his power will not go to his brother-in-law's family."
The reclusive nature of North Korea's ruling party makes it difficult for analysts to know for certain what is going on.
Ms Oh said North Korea's ruling family was probably so keen to keep out of view because a public face makes things like foreign travel difficult.
"The more exposed they are, the more trouble."


Kim Jong-il
Tales from dissidents and past aides have created an image of Kim Jong-il as an irrational power-hungry leader who allows his people to starve while he enjoys dancing girls and cognac.
Click here for full profile
But the sister of Sung Hae-rim - one of Kim Jong-il's former partners - has painted a different picture. She describes him fondly in her memoir, The Wisteria House, as a devoted father and sensitive, charismatic individual, although she admits even those closest to him were fearful of him.
Click here to return
Chang Song-taek
Kim Jong-il's brother in law is also believed to be one of his closest confidants. He is vice-director of an extremely powerful government department - the Organisation and Guidance Department. Earlier this year, high-profile defector Hwang Jong-yop described him as "the number-two man in North Korea". The South Korean publication Wolgan Chosun said he has a "genius brain".
But his career has not been without its vacillations. Having rapidly climbed the party career ladder, he was suddenly demoted in the late 1970s to secretary of a steel works in Nampo. It is thought this was because Kim Jong-il worried he was abusing his power.
He is said to inspire considerable fear. On an trip to the South last October, Mr Chang overslept and reportedly had to be woken by a South Korean as his North Korean colleagues were too scared to do it.
He is married to Kim Kyung-hee, Kim Jong-il's younger sister (born 30 May, 1946). Often referred to as the "First Lady", she is a senior member of the Workers' Party of Korea (WPK) - North Korea's ruling (and only) party - but is rarely seen in public.
According to the South Korean newspaper Munhwa Ilbo, Kim Kyung-hee has been living separately from her husband for some time. The couple have a daughter.
Click here to return
Ko Young-hee
Little is known about Ko Young-hee. Born in Japan to ethnic Koreans, she is said to have caught Kim Jong-il's eye while working in a state dance troupe. She is said to be his favourite consort and is the mother of two possible successors, Kim Jong-chul and Kim Jong-woong.
A North Korean army document released last year and seen in the South showed an "idolising campaign" had begun to raise Ko's status. The report referred to an "esteemed mother" who was the "most loyal" companion to Kim Jong-il.
Earlier this month, a Japanese newspaper reported that she was in a serious condition after suffering head injuries in a car crash in late September.
But South Korea's largest daily newspaper, The Chosun Ilbo, said Ko was suffering from the recurrence of the cancer for which she has already reportedly received treatment in Europe.
Click here to return
Kim Jong-nam
Kim Jong-nam, 32, is Kim Jong-il's eldest son.
Sung Hae-rang, the sister of Kim Jong-nam's mother Sung Hae-rim, has written in her memoir The Wisteria House that Kim Jong-il was extremely fond of Kim Jong-nam and was pained to be parted from him when he was away.
Like his half-brothers, Kim Jong-nam studied in an international school in Switzerland.
However, he is thought to have ruined his chances of succession after Japanese officials caught him trying to sneak into Japan using a false passport. He told officials that he was planning to visit Tokyo Disneyland.
Click here to return
Kim Jong-chul
Kim Jong-chul, 22, studied at an international school in Switzerland. He works in the WKP propaganda department.
Some analysts believe he is being groomed as Kim Jong-il's successor. His mother, Ko Young-hee, is said to be the North Korean leader's favourite consort, and he is fulfilling the same role in the WKP that Kim Jong-il did when his father was grooming him as leader.
However, Kenji Fujimoto, the pseudonym of a Japanese sushi chef who spent 13 years cooking for Kim Jong-il, has written that the leader considered his second son "no good because he is like a little girl."
Click here to return
Kim Jong-woong
Kim Jong-woong, 18, is the second son of Kim Jong-il and Ko Young-hee. Like his older brother, he is thought to have been educated abroad.
A Japanese sushi chef who worked for Kim Jong-il for 13 years up to 2001 believes Kim Jong-woong is the heir apparent. He said that he "resembled his father in every way, including his physical frame".
But Pyon Jin-il, the editor of the Tokyo-based Korea Report, argues that at 18, he is too young to be nominated successor.



------------------------------------------------
>> MALAYSIA WATCH
Malaysia PM's '100 days' test

By Jonathan Kent
BBC, Kuala Lumpur
Sunday marks 100 days since Malaysia's Prime Minister Abdullah Badawi took office.
The new leader has a reputation for being a "clean pair of hands" and a man who cares about ordinary folk.
When Mr Abdullah - whom Malaysians affectionately call Pak Lah - took office last October, his late mother was just about the first person whom he went to see.
Kailan Hassan, who died last week, reminded the new leader: "Don't forget the people at the bottom."
Mr Abdullah seems to have taken her words to heart.
He has already started to distance himself from some of the excesses of his predecessor Dr Mahathir Mohamad.
Expect no repeats of mega projects with which the spendthrift Dr Mahathir littered Malaysia - the formula one circuit, the outsized international airport in the middle of nowhere, the world's tallest buildings, the empty stadia, the disused film village, the ostentatious new city of government in Putrajaya, and the multimedia super corridor that's yet to lead anywhere much.
Dr Mahathir enjoyed nothing more than to lecture the world from the stage that he had built for himself; in contrast Mr Abdullah prefers to do things quietly.
Singapore thaw
There are few better illustrations of this than the dramatic thaw in relations between Malaysia and its sibling neighbour Singapore.
For the first time we've had a prime minister speaking about the things that affect ordinary people
Andrew, Malaysian voter
The two have been trading insults since they split in 1965, and Dr Mahathir happily kept the war of words going.
Mr Abdullah prefers diplomacy and in January paid a low key visit to his Singaporean opposite number Goh Chok Tong.
Within weeks Mr Goh popped over to Malaysia to celebrate Lunar New Year, and the next day the two men were playing golf together.
There's not much sign of any improvement
R Sivarasa, human rights activist
The former Singaporean High Commissioner to Malaysia, Kesavapany, says the new PM's first 100 days have been "marked by goodwill and rapprochement".
"Hopefully the leadership on both sides of the Causeway will make use of this moment in history to rebuild ties and build a solid foundation for the future," Mr Kesavapany says.
Such a rapprochement is long overdue for in truth Singapore and Malaysia each benefit from the other's success.
Rallying support
At home, Malaysians are waiting for a sign that the autocratic rule of Dr Mahathir is being replaced with a gentler touch.
"There's not much sign of any improvement on that front," says R Sivarasa, director of the Malaysian human rights group, Suaram, and an opposition politician.
"The police have continued to restrict opposition attempts to hold rallies," Mr Sivarasa says.
"And the country's former Deputy Prime Minister Anwar Ibrahim still languishes in jail - serving 15 years for abuse of power and sodomy charges that few here believe him guilty of."
Mr Abdullah is unlikely to take any chances before a general election he's expected to call within weeks.
He was appointed, not elected, prime minister and he needs not just to win, which is a virtual certainty, but to win well so that he can claim a strong personal mandate.
So he's busy rallying support for his coalition National Front government.
Chinese 'revelations'
He's wooing Malaysia's ethnic minorities - Chinese, Tamil and tribal - telling them that Malaysia is as much for them as for the Malay majority.
He's even let it be known that he is one-quarter Chinese - like Malaysia itself.
It's a striking departure from decades of Malay ethno-nationalist rhetoric under Dr Mahathir.
Mr Abdullah is also out to persuade the rural Muslim Malay voters who deserted his party at the last election in 1999 to return.
So he's putting their concerns - small businesses, agriculture and rural development - at the top of the political agenda.
"This is an electorate that the Mahathir administration had neglected in the past," says Terence Gomez, one of Malaysia's leading economists.
"By responding to their needs so actively this is an avenue for him to draw support from this electorate and at the same time address a serious problem that needs to be rectified within the economy," Mr Gomez says.
Malaysians 'impressed'
Before Mr Abdullah took over I gathered a small group of Malaysians together to get their views.
They were sceptical. Pak Lah was a "yes" man, they said, weak, just a puppet of his former master Dr Mahathir.
Three months on they've changed their tune.
"For the first time we've had a prime minister speaking about the things that affect ordinary people," says Anthony, who works with disadvantaged groups.
Even his friend Andrew, who back in October expressed little faith in the new man, said he was impressed.
Tackling corruption
Their main concern however is corruption.
If Mr Abdullah is to keep his promise to fight it he'll need a very strong mandate at the polls because he'll be taking on some very powerful people.
Corruption grew largely unchecked under Dr Mahathir.
It stops government from functioning effectively, deters business, frightens away foreign investors, and really angers the people.
Mr Abdullah has above all else set himself up as its enemy - and he's probably the only leader Malaysia has, or is likely to have for a generation, who seems to have the will to tackle it.
If it doesn't happen now then the country may find itself eclipsed, as other East Asian nations, not least China, race ahead.
Mr Abdullah has already started on the "ikan bilis", or the small fry, among the police and civil servants.
But Mr Sivarasa is still waiting to be convinced that the new leader is as good as he seems.
"If he's serious about corruption he'll go ahead and deal with those in his government that Malaysia's former head of prosecutions said should face charges," Mr Sivarasa says.
"Then we'll decide."
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/asia-pacific/3466273.stm
Published: 2004/02/07 00:47:03 GMT
? BBC MMIV
------------------------------------------------------
>> AHEM...
Nuclear scandal still begs questions

By Zaffar Abbas
BBC Islamabad correspondent
If Pakistan was hoping that, after investigations into proliferation allegations and a public admission by its top scientist of leaking nuclear information abroad, the controversy would go away, it has certainly not happened.
Questions are still being asked at home and abroad about the level of proliferation and, more importantly, about who else might have been involved in transferring nuclear know-how to countries like Iran, Libya and North Korea.
Serious doubts have been raised about the government's claim that a handful of scientists acted on their own, without the involvement of the civilian and military establishment.
The widely-held view is that because of the controlled nature of the Pakistani establishment, it would not have been possible for individuals to transfer nuclear technology to a third country.
For the first time, President Pervez Musharraf has given some details of Pakistan's covert nuclear weapons programme to substantiate the government's claim that top scientist Abdul Qadeer Khan acted on his own to pass details to other countries.
He says Mr Khan, as sole authority for running the clandestine operation to illegally acquire nuclear technology and know-how for Pakistan in the past, took advantage of his position to sell some of the information to other countries.
Blue-eyed boy
If President Musharraf's explanation is to be believed, it all happened when Pakistan was covertly developing its nuclear weapons programme; and only a handful of people were directly involved to ensure a high level of secrecy.
According to him, when Pakistan embarked on its nuclear weapons programme in 1976, it was a closely guarded secret between Dr Khan and then Prime Minister Zulfiqar Ali Bhutto.
STREET REACTION
The military is definitely involved. One can't clap with one hand
Syed Kosar Ahmed, Peshawar
With the change of government, military ruler General Zia-ul-Haq and Dr Khan shared the information for several years, and the civilian head of state became the third player in the late 1980s.
Other than these three, no-one - including successive prime ministers - was informed about the exact nature of the weapons programme until it became overt in 1998 when Pakistan carried out its first nuclear tests.
It was during this period that Mr Khan was considered the blue-eyed boy of the Pakistani establishment.
He was given authority to develop contacts with Europe's underworld that was illegally dealing in nuclear technology; creating a team of scientists and officials who were assigned to this clandestine operation.
For years they worked to bring to Pakistan technology and know-how to establish a uranium enrichment facility outside Islamabad, the Khan Research Laboratories.
Monetary benefits
Some of these people also developed contacts with countries like Iran, Libya and North Korea, who were also seeking nuclear weapons.
In return for huge monetary benefits, they provided them with information that was only meant for Pakistan.
Dr Khan's appearance on TV to admit responsibility for leaking nuclear information has shattered those who saw him as a national hero
While admitting that there may have been intelligence lapses, President Musharraf believes that because of Mr Khan's stature it was not possible for anyone to doubt his intentions.
"During this period it was not difficult for someone like him to carry the centrifuge design with him," he said.
He says there was no physical transfer of hardware, only designs.
President Musharraf says the only motivation for these scientists was money.
Two ex-army chiefs have also been questioned.
General Aslam Beg, who was the army chief during the most crucial period of 1988-92, and General Jehangir Karamat, who headed the military in the mid-1990s, were asked about their involvement. President Musharraf says they have been cleared by the investigators.
Demoralising effect
So if President Musharraf is to be believed, these few scientists deceived the Pakistani establishment, particularly the powerful military and its intelligence agencies. They made hundreds of millions of dollars by selling nuclear know-how to three different states.
Some analysts believe a more thorough investigation is required to establish that only 11 scientists and officials were involved.
The proliferation controversy has shocked the country. Its demoralising effect on most Pakistanis can be compared to the country's defeat in the 1971 war with India, which led to the creation of Bangladesh.
Dr Khan's admission of responsibility has virtually shattered those who regarded him as a national hero.
President Musharraf's explanation that national heroes cannot be protected when the country's own prestige is at stake has gone some way to satisfying people at home.
However, it may not be enough to satisfy the international community, particularly the international atomic agency IAEA.
Perhaps at some stage Islamabad will have to share its findings with the international community to convince the world that the Pakistani establishment was neither involved in the past, nor will ever share its nuclear knowledge with any other country.
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/south_asia/3464073.stm
Published: 2004/02/05 23:14:03 GMT
? BBC MMIV

--------------------------------------------
>> BIDEN WATCH...

1/28/04
Iran: Washington, Tehran Hold Rare Talks on Sidelines Of Davos
By Golnaz Esfandiari
In a rare high-level meeting between Iran and the United States, Iranian Foreign Minister Kamal Kharrazi and U.S. Senator Joseph Biden held 90-minute talks on the sidelines of the World Economic Forum in Davos, Switzerland. Analysts say the meeting marks an important first step toward improved ties between the two nations.
Prague, 27 January 2004 (RFE/RL) -- Iranian Foreign Minister Kamal Kharrazi and U.S. Senator Joseph Biden did not comment on the nature of their talks on 23 January on the sidelines of the World Economic Forum in Davos.
But Iran's Foreign Ministry has since said the meeting was not planned, and said the U.S. senator himself approached the Iranian delegation to propose a meeting with Foreign Minister Kharrazi.
Washington and Tehran have had no diplomatic relations since the 1979 Iranian revolution and the U.S. hostage crisis. Tensions further increased in 2002, when U.S. President George W. Bush labeled Iran, Iraq, and North Korea as an "axis of evil" intent on attaining weapons of mass destruction.
Although diplomats from both sides have reportedly held secret talks on Afghanistan and Iraq in the past, last week's private meeting between Biden and Kharrazi took place on the sidelines of the heavily publicized World Economic Forum. Observers say the talks signal a step toward improved ties between the United States and Iran.
Hooshang Amirahmadi heads the American-Iranian Council, an advocacy group based in Princeton, New Jersey. He says the fact the meeting took place in a relatively public setting is important in and of itself, and shows Iran's leadership is changing its attitude regarding dialogue with the United States. "I think both the Iranian and the U.S. government are slowly showing signs of readiness for meeting in public, and the meaning of this is that both sides are getting ready to enter a sort of dialogue," he said. "The other meaning is that the Iranian side is showing more signs of readiness for normalization of issues with the U.S. -- in fact, it means that the Iranian leadership has come to the conclusion that meeting, holding talks and discussions with the U.S. in public is not a problem. This a very important point."
Amirahmadi added that the Davos meeting between Kharrazi and Biden -- an influential member of the Senate Foreign Relations Committee -- could lead to more such meetings between lawmakers from the two countries. "I'm sure that [during last week's discussion] there were also talks about a possible meeting in the near future between a group of Iranian [parliamentarians] and representatives from the U.S. Congress. This is a step Mr. Biden has been pursuing for a long time."
But the United States has continued to voice concern about Iran's nuclear program, and Iranian Supreme Leader Ayatollah Ali Khamenei -- who has the last word in all matters related to the Islamic Republic -- has always strongly rejected any negotiations with the United States.
Iran's former ambassador to the United Nations, Said Rajayi Khorassani, says he believes that this time, Khamenei gave his consent to the Kharrazi-Biden meeting. "I suspect that Kamal Kharrazi would not have met with a U.S. senator without informing President [Mohammad Khatami] and other top officials," he said "I'm certain that the supreme leader knew about the meeting and had also agreed with it."
Gary Sick is a professor of Middle East politics at New York's Columbia University and was the principal White House aide for Iran during the 1979 revolution and hostage crisis. He says the high-level meeting is a hopeful new step on a long road to rapprochement. He notes, however, that Biden was not officially representing the U.S. government -- meaning the talks, while important, stop short of signaling a major diplomatic breakthrough. "Of course this is not the executive branch [conducting the talks]. So I do not see this necessarily as a breakthrough in terms of direct U.S.-Iran discussions or negotiations -- that would be with the executive branch, not with the Congress," he said. "But I do think that this is an important step, I think it signals a willingness on both sides to conduct such talks. But it really is very much up to the president and the members of the State Department and the executive branch to decide whether they are prepared to undertake such meetings and I think that has not been resolved yet."
Following last month's massive earthquake in Bam -- which prompted the United States to send humanitarian aid and temporarily lift sanctions -- some analysts speculated that so-called "earthquake diplomacy" might help ease tensions between the two countries. But top officials from both sides have drawn a clear distinction between humanitarian issues and politics, and have set a number of preconditions for any future talks.
Rajayi Khorasani, the former UN ambassador, says the talks between Kharrazi and Biden could ultimately lead to the resumption of political negotiations between the two countries. "I think this is the first step in breaking the ice; it's possible that this step will lead to other steps, [other meetings] at the level of U.S. congressmen and senators," he said. "No [U.S.] government official has entered the scene yet. But further contacts, which I believe could take a few months, could open new horizons for other talks and meetings that finally could lead to political negotiations. Not in the preliminary stages, though."
Gary Sick of Columbia University says a resumption of ties between the two countries anytime soon is unlikely. "I do not see a very strong likelihood that full reconciliation and resumption of diplomatic relations is really in the cards at the moment," he said. "I think it's going to happen and I think it could happen rather quickly if people on both sides were willing to demonstrate some goodwill. But you have to remember, first of all, it is an election year in the United States, and people generally don't win votes by being nice to Iran. And secondly, it is a double election year for the next 18 months or so in Iran, and again you don't win very many points in Iranian politics by opening up to the United States."
Sick says that as the United States seeks to expand its presence in the Middle East, normalized ties with Iran will become more and more necessary. "I do think there is a process under way. There is no question in my mind -- or, really, very many people's minds -- that the United States, because of its presence in Iraq and Afghanistan and the Persian Gulf, actually needs to develop a neighborly relationship of some sort with Iran. And I think that's going to happen but I don't see it happening, say, in the next few months," Sick said.
Government officials in the United States and Iran have yet to comment publicly on last week's meeting.

(Alireza Taheri, a senior correspondent with Radio Farda, contributed to this report.)

Copyright (c) 2004 RFE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036. www.rferl.org

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Lebanese minister to prepare "secret file" on missing Iranians
Fri Feb 6,11:59 AM ET Add Mideast - AFP to My Yahoo!
BEIRUT (AFP) - A Lebanese minister and former official of a Christian militia allegedly connected with the 1982 disappearance of four Iranian diplomats claimed not to know if they were alive, but said he would prepare a secret file for Beirut and Tehran.
AFP Photo
AFP
Slideshow: Mideast Conflict
The pledge by Administrative Development Minister Karim Pakradouni means the Lebanese government will likely be drawn into complex negotiations on the second phase of a prisoner swap between the country's Shiite militia Hezbollah and its arch-enemy Israel.
"I do not have a definite answer ... I hope that they are alive," Pakradouni, who heads the right-wing Christian Phalangist party, told reporters after meeting with visiting Iranian Foreign Minister Kamal Kharazi.
Kharazi arrived Thursday to probe the fate of the Iranians who disappeared as they passed through territory controlled by Christian militiamen with links to Israel during the country's 15-year civil war. Iran believes the men are now in Israeli hands.
"The answer to this 22-year-old question is absolutely not easy ... To find the truth is a very difficult mission since the event is very old and those who could testify are dead or have left Lebanon," Pakradouni said.
"I want to prepare a file in absolute secrecy. When I have credible and useful information ... I will put it at the disposition of the Lebanese and Iranian governments," he said.
Kharazi, who is being accompanied by relatives of the missing Iranians, later insisted he believed the four are in Israel and indicated he was counting on the next phase of the prisoner swap to free them.
"According to our information, our diplomats were kidnapped in a region north of Beirut occupied by Israel in 1982. They were then taken by boat to Israel where they are being held," he told a press conference.
He added that Lebanese President Emile Lahoud had promised to provide Tehran with more information after Samir Geagea, a jailed leader of a disbanded Christian militia group, the Lebanese Forces, was questioned.
He complained Pakradouni had given him "insufficient" information on the fate of the Iranians.
Israel freed 400 Palestinians and some 30 other Arabs, mainly Lebanese, on January 29 and handed over the bodies of 59 other Lebanese killed fighting its occupation forces, in exchange for an Israel businessman and the bodies of three Israeli soldiers held by Hezbollah.
Israel is itself seeking information on the fate of a missing airman shot down over Lebanon in 1986.
But until it receives hard information the fate of navigator Ron Arad, it is refusing to free longtime Lebanese prisoner Samir Kantar, who is serving multiple life sentences handed down in 1980 for killing an Israeli family.
Hezbollah, which is backed by Tehran, has also also said it believes the Iranians were held by the Christians until 1990 before they were turned over to Israel.
Israel denies holding them and insists they were killed almost immediately and buried under a building in Beirut.
Accounts by former Christian militia members published in the Lebanese press Friday also said the four Iranians were gunned down shortly after their capture.
Kharazi is also expected to meet with Hezbollah chief Sheikh Hassan Nasrallah during his two-day stay.

-------------------------------------------------------
washingtonpost.com
Business, Science Clash at Medical Journal

By Shankar Vedantam
Washington Post Staff Writer
Saturday, February 7, 2004; Page A02
An analysis critical of the growing use of an expensive medicine used for dialysis patients was turned down by the most widely circulated medical journal in the field after its marketing department objected, according to an e-mail from the journal's editor to the article's author.
Three senior scientists had reviewed the analysis and approved it for publication, Joseph Herman, executive editor of Dialysis & Transplantation, wrote to author Dennis Cotter, president of a nonprofit health research group in Bethesda.
"Unfortunately, I have been overruled by our marketing department with regard to publishing the editorial," Herman added. "As you accurately surmised, the publication of your editorial would, in fact, not be accepted in some quarters . . . and apparently went beyond what our marketing department is willing to accommodate."
Cotter questioned whether patients benefited from increased doses of Epogen, which increases levels of red blood cells in patients with kidney problems. The federal government is considering whether to provide Medicare patients with higher doses of such treatments, which could cost hundreds of millions of additional tax dollars.
The journal's publisher, Deborah Carver, reversed the decision after Cotter protested, but Cotter said he would rather publish the article elsewhere. The initial rejection, however, has highlighted concerns that research, publication and analysis of scientific data are being influenced by drug industry pressures.
"The public should be very concerned about the pervasive influence of the pharmaceutical companies on the way science is done and on the academic medical community," said Marcia Angell, former editor of the New England Journal of Medicine and a senior lecturer at Harvard Medical School. "Most journals are absolutely dependent on advertising from drug companies, and they are not going to offend them."
Dialysis & Transplantation's editorial advisory board included researchers from the Centers for Disease Control and Prevention, Cedars-Sinai Medical Center in Los Angeles, the Robert Wood Johnson Medical School in New Jersey, and dozens of other doctors at academic and government hospitals across the country. Christopher Blagg, a Seattle nephrologist who is on the board, said he believed the marketing department rejected the article because it wanted to avoid offending Amgen Inc., which makes Epogen.
"I have no knowledge of this article or this data," said Kelly Stoddard, a spokeswoman for Amgen. "Any decision about what they publish is entirely up to them."
Cotter, president of Medical Technology and Practice Patterns Institute Inc. in Bethesda, said he was "amazed" by the journal's rejection. "This was very damaging to us, because we had hoped to have this thing appear in the literature in February. Medicare right now is reviewing its policy," he said. He forwarded the e-mail he received from Herman, the editor.
A call to Herman was returned by his boss, Linda Lewis, editorial director of Creative Age publications, which owns Dialysis & Transplantation. She said that "a mistake" had been made by the journal's associate publisher, Tom Blackstone. The company describes the journal as "the world's largest (and oldest) renal care journal with a specific focus on clinical application."
"The associate publisher, who has been with the magazine for 25 years, felt he had cause for turning down the article," said Lewis. "He's also the marketing director. . . . He made that decision, unfortunately, and we felt it was the wrong decision."
Cotter's analysis concluded that higher doses of Epogen did not extend patients' lives, and may not be worth the added cost. Normally, said Cotter, the medicine costs an average of $5,000 to 6,000 per year per patient. Increasing patients' red blood cell levels further could double the cost. Since there are 100,000 to 120,000 patients getting such treatment at any one time, Cotter said, higher doses for large numbers of people could translate into hundreds of millions of extra dollars for Medicare.
While cost was a factor, Cotter said, his principal concern is his finding that patients on higher doses of Epogen actually seem to have higher death rates.
This could be because these patients were sicker, because there was a problem with the drug, or because of some underlying problem that had not been identified, he said.
"Our primary issue is patient safety," he said. "Anyone that claims that higher [doses] result in longer survival is not correct."
Brian Pereira, a nephrologist who is president of the National Kidney Foundation, said there was an ongoing debate in the field over the appropriate red blood cell level for patients with kidney problems.
"To date, there is no prospective, randomized study that shows higher [doses] are better," he said. A national database showed that people with higher levels of red blood cells tend to do better, he said.
"It's associated with higher survival," said Pereira, who is also a professor at Tufts University.
Regardless of where the science leads, Blagg, the journal board member, said he disapproved of the way the journal handled the matter.
He told editors that a full airing of the debate would have been possible if they had published the article, if necessary with a contrasting article written by a scientist who disagreed with Cotter.
The larger question raised by this case is whether it happens elsewhere. Pereira said that top journals would never compromise their editorial independence. But Angell said that with the exception of the New England Journal of Medicine, virtually no other journal could survive if advertisers pulled out.
Other editors, she said, might deal similarly with the same pressures -- but be more discreet.
"They are going to come up with excuses for going along with the companies that are a lot less candid than this editor," she said. "This editor must be pretty close to retirement or doesn't like his job very much."

? 2004 The Washington Post Company
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washingtonpost.com
Lights Are Coming On, Slowly, in Iraq
Citizens Frustrated by Continuing Problems With Power Generation, Distribution
By Jackie Spinner
Washington Post Staff Writer
Saturday, February 7, 2004; Page A16
BAGHDAD -- During eight months of reconstruction work, occupation authorities in Iraq have tried to reverse decades of political favoritism by distributing electricity more equitably throughout the country. Iraq now generates slightly more electricity than it did before the war, and with this city of 5 million people no longer hogging the supply, many cities that had little power under Saddam Hussein are glowing again.
"Our policy is fair allocation across the nation," said Robyn McGuckin, the Coalition Provisional Authority's deputy senior adviser for electricity.
Getting the electricity flowing has been one of the occupation authority's top priorities, and the pace of the project has been one of the main sources of frustration for Iraqis.
Immediately after the war, the U.S. Agency for International Development assumed responsibility for overseeing reconstruction of Iraq's electrical grid and hired Bechtel National Inc. as the initial contractor to make repairs and add capacity. In August, the military brought in the U.S. Army Corps of Engineers to share oversight duties with USAID. The engineer corps picked Fluor Corp., Washington Group International and Perini Corp. to work on 26 projects around the country, and IPA Worldwide Services to buy generators.
Lt. Col. Joseph P. Schweitzer, director of operations for the Corps of Engineers, said commanders brought the corps in because of concerns "that we were going to lose the consent of the Iraqi people if we did not do something significant to improve the power generation."
The obstacles have been enormous, according to the engineers and contractors working in Iraq. Security ranks high on the list, as insurgents continually sabotage power lines and attack repair teams -- most recently killing two French subcontractors near Fallujah on Jan. 5.
But there are other problems as well: postwar looting by Iraqis, poor planning by Americans for the massive reconstruction, unrealistic expectations about how quickly things could be done, too little money and the state of disrepair of the entire electrical infrastructure.
"This is just the most amazing mess," said Clifford G. Mumm, a Bechtel executive supervising the company's work in Iraq. "But it's not unlike what people found when they went to East Germany after the Berlin Wall fell, or in Kosovo."
Col. Lem DuBose, commander of the Corps of Engineers mission in another key Iraqi sector -- oil -- said of the general state of industry here: "If Iraq was a used car, Saddam sold at the right time. Everything was falling apart."
The World Bank estimates that it will cost $12.1 billion to restore and improve the country's electrical capacity, more than twice what Congress appropriated last fall.
Mumm said it would be impossible to give Iraq all of the electricity it needs, at least in the short term. The country's entire power grid is technically capable of generating about 10,000 megawatts, but only about half of it works, Mumm said.
Occupation officials say they hope to give Iraq 6,000 megawatts of generating capacity -- the same amount of power that the city of Baltimore typically uses -- but a World Bank report says that goal "will be difficult to achieve without the addition of significant emergency generating plants." The occupation authority has no plans to install such plants, according to a recent report by the Congressional Budget Office.
"Once the system is . . . back up, there is not an adequate distribution system," Mumm said. "Power in Iraq will be a long story."
At the same time, the overall condition of the system is gradually improving. With output surpassing prewar levels, the engineers have been able to shut down parts of the system for winter maintenance.
"Generating units at power plants are like vehicles in a small fleet," the occupation authority's McGuckin explained. "You have to change the oil and check the sparks every couple of thousand of miles -- in this case thousands of megawatt hours -- to keep things running well."
Brig. Gen. Steven Hawkins runs the Corps of Engineers efforts to restore electricity from a Baghdad mansion with a sweeping marble staircase and spectacular view of the Tigris River. Using $1 billion in Iraqi funds, the corps has restored five major power plants, erected 200 transmission towers and created a security force of 1,500 officers to guard oil facilities.
Hawkins said that, although he was still unable to meet the expectations of the Iraqi people, "it's better than it was. It's getting better every day."
For example, in the past few months, the southern port city of Basra has enjoyed uninterrupted power almost 24 hours a day. Before the war, it was getting only a few hours of power a day.
Engineers are working to route some of that electricity to Baghdad, where the power flickers on and off in three-hour intervals. But saboteurs keep attacking the transmission lines. Mumm said in some cases attackers have left signs reading, "Stop sending our power to Baghdad."
The result, he said, "is surplus generation in the south we're not able to tap."
But in Baghdad, many people say they cannot understand why it is taking so long to get power restored, especially when the Electricity Ministry began sending out power bills last month for the first time since the war.
"They want 350 Iraqi dinars," said Qasim Zubaidi, 35, who owns an exchange shop in the Karada district. "For what? For no electricity?"
Amar Sabah, 25, who owns an electrical supplies shop, said people have lost patience. "They are tired of this game," he said. "Saddam also used electricity to keep people busy with something to think of so that they'll not ask about other things."
Under Hussein, the system of electrical distribution was anything but democratic. "Thugs could threaten or bribe substation operators to withhold electricity from one area and provide uninterrupted electricity to other areas," said Lt. Col. Taras "T.J." Jemetz, who is in charge of the Corps of Engineers projects in central Iraq. "Saddam was known to punish residents of areas that fell out of his favor by withholding electricity to those areas."
To eliminate such favoritism, the Army engineers are installing a centralized computer system that will alert government officials if power at regional distribution points is disrupted. The new system was up and running last week at a refurbished substation in Baghdad.
"This does not eliminate the corruption aspect, but at least provides the capability to know that there is a problem," Jemetz said.
In dozens of interviews last month, engineers and contractors described the challenges they face every day.
Rockets and bullets rain down almost nightly outside the secured compound in Baghdad where the contractors and engineers live. They sleep on cots in palaces that have gold-plated faucets in the bathrooms, but no heat. They stay up late drinking nonalcoholic beer left over from the holidays and poring over plans to restore the electrical grid one transmitter at a time. Everyone is exhausted, red-eyed and dirty by the end of the day because there is so much work to do.
Rhett Hubbard, a civilian engineer for the Corps of Engineers, said that the security situation was so uncertain that he had adopted a 30-minute rule. A power plant operator back home in Portland, Ore., Hubbard is in charge of repairing electrical substations in Baghdad. When he visits the stations, however, he doesn't linger. "I try not to spend more than 15 to 30 minutes at a maximum," he said, adding that he has at least six bodyguards at each job site.
North of Baghdad, Bechtel and Fluor are finishing a power plant project begun under Hussein, whose government had purchased huge turbine generators with funds from the U.N.-administered oil-for-food program. The equipment sat in a neighboring country for two years and is only now being installed.
"Nothing is easy here right now," said Cecil Whitehouse, a civilian overseeing the project for the Army engineers.
When the project started in October, Whitehouse and his crew drove to the site from Baghdad every day, a risky commute. So in November, the corps and its contractors moved to the desolate site.
Just outside the perimeter of the plant, in the shadow of the massive transmission towers, Iraqis live in mud huts that have no electricity.
Muhamed Abdul-Jabbar, a project manager at the power station for the Electricity Ministry, said he initially didn't tell his friends or family that he was working with the Americans, fearing that he might be seen as a traitor. He has since changed his mind.
"I see suffering," he said in broken English. "Everywhere there was suffering. The American companies come here, and we want to increase electrical energy. Power is very good."

Special correspondent Omar Fekeiki contributed to this report.
? 2004 The Washington Post Company


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Hatfill Lawyers Given Go-Ahead
By Carol D. Leonnig
Washington Post Staff Writer
Saturday, February 7, 2004; Page A15
Attorneys for former Army scientist Steven J. Hatfill can move forward with efforts to determine whether federal officials improperly leaked information tying him to the probe of anthrax-laced mailings in 2001, a federal judge ruled yesterday.
U.S. District Judge Reggie B. Walton said the lawyers can attempt to question journalists to get "the ball rolling" in Hatfill's civil suit against Attorney General John D. Ashcroft, the Justice Department and the FBI.
Walton also dealt Hatfill's attorneys a setback. He agreed to let the government put off for six more weeks answering or providing any government information to Hatfill in the civil case. Government lawyers maintained that the anthrax investigation is at a critical stage and sought a six-month delay in answering the lawsuit, which Walton deemed too long a wait.
Walton said the Justice Department failed to convince him that responding to Hatfill's suit would jeopardize its investigation into the mailing of anthrax-laced letters to media and government offices in the fall of 2001. The mailings killed five people and sickened 17 others.
Hatfill, who has not been charged, filed his lawsuit in August, contending that the federal government violated his privacy, ruined his reputation and destroyed his chances of employment by illegally leaking private information about him to the media and suggesting that he was the source of the anthrax. The former biological weapons scientist has denied any wrongdoing.
The suit accuses officials of a "coordinated smear campaign" starting in August 2002, when Ashcroft called Hatfill "a person of interest" in the case. News reports about Hatfill have quoted unnamed federal law enforcement sources.
Mark Nagle, chief of the civil division for the U.S. attorney's office, told the judge yesterday that responding to Hatfill's suit now would put the government in the dangerous position of confirming or denying facts about its investigation.
Walton said he saw no harm in letting Hatfill's attorneys attempt to identify anyone who improperly leaked information about the case.
"I do agree with Mr. Hatfill that, based on what he's alleging, he's been injured . . . and is going to continue to be injured, " the judge told the parties. "To insist he remain in limbo indefinitely . . . until the crime is solved is a problem."
Mark Grannis, one of Hatfill's attorneys, said the Justice Department's argument that it is protecting national security and a criminal investigation is just a ruse.
Seeking the names of confidential sources from journalists could trigger a legal battle. In a similar case in federal court in Washington, former nuclear scientist Wen Ho Lee in December won a judge's order that reporters answer questions in depositions. Most have refused, and the issue appears headed for an appellate court.
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Case Against Ex-CIA Agent Is Dismissed
Associated Press
Saturday, February 7, 2004; Page A08
HOUSTON, Feb. 6 -- A federal judge dismissed an indictment against a former CIA operative who was convicted of selling arms to Libya, after prosecutors decided they would not pursue a retrial.
A 1983 conviction of Edwin Wilson, now 75, for shipping 20 tons of C-4 plastic explosives to Libya was thrown out late last year. At his trial, Wilson maintained he was only doing what the CIA asked him to do.
Wilson is jailed at a federal penitentiary in Allenwood, Pa., on two other convictions. He will be eligible for release this fall, Justice Department spokesman Mark Corallo said in Washington.
A federal court in Virginia convicted Wilson of exporting firearms to Libya without permission and sentenced him to 10 years. A New York court sentenced him to 25 years, to run consecutively with the Virginia term, on offenses involving claims he conspired behind bars to have witnesses and prosecutors killed.
In a scathing opinion Friday, U.S. District Judge Lynn N. Hughes said the government failed to correct information about Wilson's service to the CIA that it acknowledged internally was false. Federal prosecutors informed Hughes earlier Friday they would not seek a retrial.
Corallo said the decision to dismiss the Texas case was based in part on "the difficulty of marshaling the facts and witnesses after 21 years."
Wilson's attorney, David Adler, said the government did the right thing by not seeking a retrial. He said Wilson would not have received a fair trial because a number of witnesses in the Texas case have died.


Posted by maximpost at 4:12 PM EST
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>> PREDATOR'S BALL?

Iran hosting global terrorist conference
Event includes Hamas, Hezbollah, Islamic Jihad, al-Qaida allies
Posted: February 7, 2004
1:00 a.m. Eastern
Editor's note: JosephFarah's G2 Bulletin is an online, subscription intelligence news service from the creator of WorldNetDaily.com - a journalist who has been developing sources around the world for the last 25 years.
? 2004 WorldNetDaily.com
Just as the U.S. State Department approves wider contact with Iran and as members of Congress begin planning the first official trips in 25 years, Tehran is sponsoring a 10-day conference of major terrorist organization beginning next week.
The purpose of the conference is to discuss anti-U.S. strategy.
Among the groups headed to Iran to participate are: Hamas, Hezbollah, Islamic Jihad and al-Qaida allies Ansar Al Islam.
The conference, dubbed "Ten Days of Dawn," is designed to mark the 25th anniversary of the return to Iran from exile of the late Ayatollah Ruhollah Khomeini, who led the revolution that ousted the shah of Iran in 1979.
Officials said the conference, ordered by Iranian supreme leader Ali Khamenei, marks Iran's investment in sponsoring Islamic insurgency groups in the Middle East, Asia and South America.

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>> COVERUP?
Proof That Tehran Backed Terrorism
Posted Feb. 4, 2004
By Kenneth R. Timmerman
Published: Tuesday, February 17, 2004

Nineteen U.S. Air Force personnel died here when terrorists attacked with a truck full of explosives. Freeh testified it was planned, funded and sponsored by Iran.
As a former Iranian intelligence officer was providing testimony in a courtroom in Germany detailing operational ties between the September 11 hijackers and the government of Iran, lawyers from the U.S. departments of State and Justice and appeals-court judges in Washington were working hard to overturn a law that has allowed victims of terrorism to sue foreign governments for sponsoring terrorist crimes that have killed Americans.
The measure, known as the "Flatow amendment," was signed into law by President Bill Clinton in October 2000. Terrorism experts believe it has had a sobering effect on terrorist sponsors, including Iran and Libya, because it has made them financially accountable for the crimes of their proxies by awarding damages to victims from frozen assets held in the United States.
The simple message of the Flatow amendment is this: If you direct terrorist groups to kill Americans, you will pay. Damage awards to victims from Iranian government assets in the United States in some 50-odd cases now top $3 billion.
Among those victims have been U.S. hostages held in Lebanon, the families of U.S. citizens killed by Iranian government proxies in suicide bombings in Israel and the Palestinian territories, and the families of the 241 U.S. Marines who were killed when an Iranian government agent rammed a truck full of explosives into their barracks outside of the international airport in Beirut on Oct. 23, 1983 [see "Invitation to September 11," Jan. 6-19].
Now the U.S. government, apparently without the consent or knowledge of the Bush White House, is about to engage in what observers call "an act of unilateral disarmament" that will comfort state sponsors of terror, especially Iran.
"We always knew the State Department was against these lawsuits and tried to scuttle them from day one," a representative of a group of victims' families tells Insight. "At every step of the way, they intervened - whether to block efforts to discover where frozen Iranian government assets were held, or how we could get them released once we found them on our own."
But in the opinion of congressional sources, the attorneys for the victims and the family members themselves, the decision handed down by Judge Howard Edwards of the U.S. Court of Appeals for the District of Columbia on Jan. 16 is an act of judicial activism that violates the will of Congress and delivers an overwhelming victory to terrorist states. "By vacating the Flatow amendment pure and simple, the U.S. government is sending a crystal-clear message to the terrorists: Go right ahead," said one attorney who has followed these cases for several years.
Pleading the case to repeal the law was Peter D. Keisler, an assistant attorney general in the Bush administration. He was assisted by U.S. Attorney for the District of Columbia Roscoe C. Howard Jr. and Mark A. Clodfelter, a legal adviser to the secretary of state.
"We ran this up the flagpole and went through the whole interagency process before sending our recommendation up to the Solicitor General's Office," an official involved in the litigation tells Insight. "The solicitor general approved our approach and set out the guidelines for our appeal."
If true, that would be astonishing. Barbara Olson, the wife of U.S. Solicitor General Ted Olson, was among those killed during the 9/11 attacks when American Airlines Flight 77 was crashed into the Pentagon by al-Qaeda hijackers. As solicitor general, Ted Olson vigorously has defended every aspect of the U.S. war on terror, including the USA PATRIOT Act and the government's right to detain illegal combatants for indefinite periods without access to counsel. When pressed about who had authorized their appeal, government attorneys interviewed by Insight declined to respond.
Lawyers from the State and Justice departments argued that the law crafted by Congress, and vetted by their own attorneys at the time, allowed victims of terrorism to sue in U.S. courts but not to seek damages because the language provided "no private cause of action against foreign governments." In response to questions from Insight, they insisted that the distinction was not just "splitting legal hairs." But attorneys who helped write the legislation contested that view and revealed that State Department attorneys made last-minute "technical changes" to the bill that required victims of terrorism to sue "officials, employees and agents" of a foreign state, rather than the government itself.
"We had no objection to that change during the conference," one of the attorneys told Insight, "because they are one and the same thing. But what they are saying now is that Congress is a bunch of incompetents who don't know how to draft legislation. We'll be back in a year's time with a much more muscular bill."
These are not lawsuits like any other. They involve U.S. foreign policy, national security and the rights of victims of murderous crimes to seek redress under the law.
What makes the decision by Judge Edwards and the active intervention of the State and Justice department lawyers particularly odious, lawyers and family members of victims tell Insight, is the potential cost in human lives it could entail. As President Ronald Reagan was fond of saying, weakness or the perception of weakness invites attack.
The shabbiest treatment of all was reserved for the families of the 19 U.S. airmen and Air Force personnel who lost their lives when Iranian-backed Hezbollah terrorists drove a truck bomb into the Khobar Towers barracks in Dhahran, Saudi Arabia, in June 1996. After keeping them waiting two weeks for their day in court, Magistrate Judge Deborah A. Robinson sent some 100 family members back to their homes around the country in mid-December after she single-handedly attempted to block the testimony of former FBI Director Louis Freeh [see "Is Khobar Towers Testimony Being Silenced," posted Dec. 17, 2003].
Freeh already had testified in open session on Oct. 8, 2002, to the Joint Intelligence Committee about involvement of the Iranian government in the Khobar Towers bombing and told Insight when he first appeared in Robinson's courtroom on Dec. 2, 2003, that he planned to give the same testimony. But Robinson kept disappearing from her own courtroom for brief, unexplained recesses. When she returned, she read out long lists of questions, apparently dictated to her by others, that raised objections to Freeh's testimony and to every other witness the victims' attorneys tried to call. A longtime observer of the court called Robinson's courtroom behavior "disingenuous" and "out of line" and "in violation of federal rules of evidence."
To family members, Freeh had become a hero. "He was the only man in Washington during this whole thing who gave a damn," said Katherine Adams, mother of U.S. Air Force Capt. Christopher Adams, a pilot who had been taking another officer's tour of duty in Saudi Arabia so he could stay home with his wife while she was having a baby. "He was the only man who kept his word to the families, who cared, who met with us. [President] Clinton never did anything, except to show up for a photo op," Katherine Adams says.
When Robinson finally allowed the former FBI director to testify to an empty courtroom on Dec. 18, Freeh got straight to the point. "My own conclusion was that the [Khobar Towers] attack was planned, funded and sponsored by the senior leadership of the government of Iran," he said. Freeh's breathtaking conclusion, and the hard evidence of the Iranian government's role in the attack, is widely seen as far more compelling than the evidence used by the Bush administration to justify the war in Iraq. Making all evidence public could increase pressure on the administration to move militarily against Iran, a step most observers agree the administration would prefer to avoid.
Robinson also took the unprecedented step in a terrorism case of disqualifying the most qualified nongovernmental witness on Iranian government funding of terrorism, Patrick Clawson of the Washington Institute of Near East Policy, in a written order handed down Jan. 27. Clawson has testified in more than a half-dozen lawsuits against the government of Iran, providing hard data culled from Iranian government reports on state budgets allocated to international terrorism. Robinson ordered that his testimony be "stricken in its entirety" because Clawson would not reveal all the sources for his expert opinion on Iranian government sponsorship of terror. Clawson was unable to attend one hearing, an affidavit shows, because he was scheduled for all-day briefings at CIA headquarters in McLean, Va.
Sources familiar with the U.S. government investigations tell Insight that Iran "supplied the explosives" for the 1998 al-Qaeda bombings of U.S. embassies in Africa that killed more than 200 persons, and designated top terrorist operative Imad Mugniyeh as their liaison to Osama bin Laden's groups.
U.S. intelligence agencies consistently have argued that Iran could "not possibly" have a connection to al-Qaeda or to Sunni Muslim terrorist networks because Sunnis and Shias "do not talk to one another." And yet, a handful of intelligence analysts resisted this consensus view and compiled "B-Team" reports on al-Qaeda/Iran contacts for Deputy Secretary of Defense Paul Wolfowitz and Undersecretary of Defense Doug Feith. After an Oct. 26, 2001, briefing, Wolfowitz expressed astonishment that this information had been kept from him, and he asked to be given more information as it became available. Instead, the Defense Intelligence Agency analyst who compiled the report, Kai Fallis, was fired by his superiors.
"What has been done is incredibly hypocritical," says Stephen Perlis, a lawyer involved in a dozen similar cases, including the original Flatow case. "They used the Flatow amendment to facilitate rapprochement with Libya by resolving the Pan Am 103 case, but now they want to destroy it when it applies to Iran."
As the war on terror progresses, the Bush administration is seeking to put pressure on hard-line clerics in Iran, deter their use of terror, stop weapons of mass destruction and encourage pro-democracy forces - at least, that is what the president says. But the message sent by the repeal of the Flatow amendment, and by the refusal of the State Department to back up the president's promise to support the pro-democracy movement in Iran, suggests a policy process the president does not control, say former National Security Council officials.
Kenneth R. Timmerman is a senior writer for Insight magazine.
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Breaking News: Is Khobar Towers Testimony Being Silenced?
Posted Dec. 17, 2003
By Scott L. Wheeler
Published: Tuesday, December 23, 2003
A senior government official says the State Department is interfering with a civil lawsuit, creating setbacks for family members of victims of the 1996 bombing of a military barracks in Saudi Arabia. The official, who spoke on condition that he not be named, told Insight that the State Department is taking "active measures" to prevent family members of some of the 19 victims of the Khobar Towers bombing from proceeding with a civil court case that alleges Iran sponsored the bombing and seeks a judgment against the Islamic nation which the State Department itself lists as a country that sponsors terrorism.
Former FBI Director Louis Freeh and the former head of the FBI's counterterrorism unit, Dale Watson, had been slated to testify in the trial and had even shown up in court to testify on one occasion but were told they couldn't appear, even though lawyers for the victims said they had received permission from the Justice Department for their testimony to go forward. In court, attorneys stated that there was another agency that had not granted permission and was holding up the testimony. The government official, who does not work for the State Department but who does have dealings with it on matters pertaining to terrorism, told Insight that State was the agency holding up testimony and attempting to prevent it from occurring altogether. "First they did everything they could to prevent Freeh and Watson from testifying," the official says, "and now they are putting pressure on the judge to dismiss the case."
A spokesman for the State Department said that "We reviewed the request without objection," but could not say when the Justice Department was notified of State's clearance of testimony by Freeh and Watson.
Another source close to the Justice Department told Insight that U.S. District Court Judge Thomas Penfield Jackson, the boss of presiding judge U.S. Magistrate Deborah Robinson, was approached by the State Department and told that the Khobar Towers case was "still under investigation" and a "matter of national security" and that the case should be dismissed. When asked about allegations that the State Department applied pressure on the judge, a department spokesman told Insight, "We do not discuss ongoing cases."
Last Friday, after two weeks of hearing testimony, Robinson indicated her desire to dismiss the case even if Freeh and Watson are allowed to testify. "What evidence will be presented to make the trial worth holding over?" the judge asked attorneys for the families of the victims. Freeh and Watson both had concluded and previously had testified in other venues that Iran's assistance in the Khobar Towers bombing amounted to state sponsorship of the attack.
Robinson, however, raised questions over whether testimony of the two would divulge "classified" information. Attorneys responded that they only intended to pursue information provided by Freeh and Watson that already had been made public in other court depositions. The government official says that claims of national security in this case are "specious at best. This is about the State Department putting the interests of Iran and Saudi Arabia ahead of that of their own citizens." Testimony by the two former FBI officials is viewed as the cornerstone of the case for the family members and, according to several attorneys without an interest in the outcome of the case, would go well beyond the evidence necessary to win in a case where the defendant doesn't show up and put on a defense.
On Tuesday the court learned that the Justice Department had agreed to allow testimony from Freeh and Watson to go forward. However, family members of victims of the Khobar Towers bombing said they were disheartened by Robinson's statement about whether the family members who previously were scheduled to testify would be allowed to testify. Last week the judge told the victims' family members who had traveled at their own expense to testify at the trial to just "go home." Marie Campbell, wife of Air Force Sgt. Millard Dee Campbell, fighting back tears, told Insight, "It hurts a lot to have to prepare to testify about the loss of my husband" and then to be told "to just go home." Campbell says being involved with the lawsuit "may be the only justice we get" for the attack.
"My tears never stop," said Jennie Haun, wife of Air Force Capt. Timothy Haun, another Khobar Towers victim.
"We have so many things that make us suffer. Our loved ones were murdered and we only want what little bit of justice this provides," Haun told Insight. Haun also was scheduled to testify but says that after what happened in court yesterday she sees a chance for "a little bit of peace" slipping away.
Attorneys for the victims' families had no comment.
Scott L. Wheeler is a contributing writer for Insight.
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Invitation to September 11
Posted Dec. 22, 2003
By Kenneth R. Timmerman
Published: Tuesday, January 6, 2004

The spider holes where terrorists and the nation-states who back them hide from public view lie in the murkiest recesses of the murky world of intelligence. Rarely do victims of terrorist attacks get to face their attacker, let alone know his identity, especially when the attacker is a foreign government. Individual terrorists such as Osama bin Laden or Ilich Ramirez Sanchez (aka "Carlos the Jackal") - who openly boast of their evil deeds and thus can be tracked, targeted and eventually taken out - are the exception, not the rule.
Or so said the conventional wisdom until a recent groundbreaking public trial in a federal courtroom in Washington that blew the lid off the world's most elusive terrorist sponsor: the Islamic Republic of Iran. That legal action was brought by the families of the 241 U.S. Marines who were killed when terrorists crashed an explosives-filled truck into their barracks near the Beirut airport on Oct. 23, 1983. It raises disturbing questions concerning some of our most basic assumptions about the war on terror.
New intelligence revealed at the March 2003 trial, and independently confirmed by Insight with top military commanders and intelligence officials who had access to it at the time, shows that the U.S. government knew beyond any reasonable doubt who carried out the bombing of the Marine barracks 20 years ago and yet did nothing to punish the perpetrators. Even more disturbing is the revelation, which Insight also confirmed independently, that intelligence then available and known within the government gave clear forewarning of the attack. But this warning never was transmitted to operations officers on the ground who could have done something to prevent or reduce the impact of the devastating assault.
Among the intelligence information initially uncovered by Thomas Fortune Fay, an attorney for the families of the victims, was a National Security Agency (NSA) intercept of a message sent from Iranian intelligence headquarters in Tehran to Hojjat ol-eslam Ali Akbar Mohtashemi, the Iranian ambassador in Damascus. As it was paraphrased by presiding U.S. District Court Judge Royce C. Lamberth, "The message directed the Iranian ambassador to contact Hussein Musawi, the leader of the terrorist group Islamic Amal, and to instruct him ... 'to take a spectacular action against the United States Marines.'"
Rear Adm. James "Ace" Lyons was deputy chief of naval operations for plans, policy and operation at the time and remembers well when he first learned of the NSA intercept. It was exactly two days after terrorists had driven a truck laden with military explosives into the fortified Marine barracks complex just outside the Beirut airport and detonated it, producing the largest, non-nuclear explosion in history, the equivalent to 20,000 pounds of TNT. "The director of naval intelligence carried the transcript to me in a locked briefcase," he tells Insight. "He gave it to me, to the chief of naval operations, and to the secretary of the Navy all in the same day."
At trial, Lyons described the general contents of the message. In a personal tribute to the slain Marines and their families, he had obtained a copy of the NSA transcript and presented it in a sealed envelope to the court. "If ever there was a 24-karat gold document, this was it," Lyons said, "This was not something from the third cousin of the fourth wife of Muhammad the taxicab driver." Lamberth accepted the still-classified NSA intercept into evidence under seal to protect NSA sources and methods. It was the first time in nearly a dozen cases brought against the government of Iran by victims of terrorism that material evidence emanating directly from the U.S. intelligence community was brought forward in such a direct manner.
The existence of this intercept - just one of thousands of messages incriminating the governments of Iran, Syria and Saddam Hussein's Iraq (among others) in deadly terrorist crimes against Americans - long has been rumored. Insight reported in May 2001 on similar electronic intelligence that unequivocally revealed how Palestine Liberation Organization (PLO) leader Yasser Arafat personally ordered Palestinian terrorists to murder U.S. diplomats Cleo Noel and George Curtis Moore after a PLO commando took them hostage in Khartoum, Sudan, in March 1973 [see "Arafat Murdered U.S. Diplomats," June 25, 2001].
Then as now, the release of such information shocks many Americans who find it hard to believe that the U.S. government could have had such clear-cut indications of impending terrorist acts and done nothing to stop them or to punish those responsible. And yet that is precisely what the intelligence indicates. And the reasons, far from some dire government conspiracy, appear to be the laziness and incompetence of intelligence officials and bureaucratic gatekeepers who failed to pass on information to the political appointees or Cabinet officers making the decisions.
The message from Tehran ordering Iranian-backed terrorists to attack the U.S. Marines in Beirut was picked up "on or about Sept. 26, 1983," Lamberth said, noting it was nearly four full weeks before the actual bombing. With all that lead time, why did no one take steps to protect the Marines or to head off the attack? "That's a question I've been waiting 20 years for someone to ask," Lyons tells this magazine.
Insight has learned that the CIA station in Damascus received a copy of the terrorist message almost as soon as it was intercepted and transmitted it back to CIA headquarters in Langley, Va. "The response I heard back from headquarters was, 'The Marines? We don't want to know about the Marines,'" a former CIA officer who saw the intercept and was involved in transmitting it to his superiors tells Insight.
Marine Col. Tim Geraghty, commander of the 24th Marine Amphibious Unit then stationed at the Beirut Airport, tells Insight that he never received a warning or even a report based on the message, although he was well aware that his Marines had become "sitting ducks" to hostile militias on the ground. "Generally, yes, we knew the problem," he said, "but we never received anything specific."
This was not because the CIA was stonewalling him, Geraghty believes. "I became personal friends with Bill Buckley, who was CIA station chief in Beirut, and he was giving me everything he had. But we never got a warning mentioning a possible attack on the barracks or mentioning Iran." And yet, as Geraghty himself learned at the trial, such warnings indeed had been picked up and they were very specific indeed.
For one thing, there was no other place but the barracks near the airport where a "spectacular operation" could have been carried out. It was the only major Marine bivouac in all of Lebanon. And then, there was the mention in the intercept of Hussein Musawi by name and the group he then headed, Islamic Amal - a precursor of what later became known as Hezbollah. Both were under direct Iranian-government control. But as former CIA officer Robert Baer tells Insight, in this case the warning "did not mention a specific time or place and so was not considered [by CIA managers] to be actionable." Because of this, the warning never was sent on to Beirut, where Buckley could have passed it on to Geraghty. Until 9/11 such a lack of specificity was a standard excuse.
Michael Ledeen, author of The War Against the Terror Masters, was working as a consultant to the Department of Defense at the time of the bombing. The failure to share intelligence "drove a change in the structure of the intelligence community," he said at trial, "because what they found was that we should have seen it coming, we had enough information so that we should have seen it coming [but] we didn't because of the compartmentalization of the various pieces of the intelligence community. So the people who listen to things weren't talking to the people who looked at things weren't talking to people who analyzed things and so on." That failure, he said, led CIA director William Casey to establish the Counter-Terrorism Center, a new, cross-discipline unit whose sole purpose was to prevent terrorism and, when that failed, to fight back against terrorists.
After the Beirut attack the intelligence on Iran's involvement all of a sudden looked different. And yet, despite evidence that Ledeen categorized as "absolutely convincing," the Reagan administration not only didn't fight back, but within three months of the attack secretary of defense Caspar Weinberger ordered the Marines to leave Beirut altogether, opening the United States to accusations that it had "cut and run" and inviting terrorists to have at Americans with impunity.
Exactly why that happened is still a mystery to many of the participants, Insight discovered in interviews with Weinberger, former Navy secretary John F. Lehman, former deputy chief of naval operations Lyons, Geraghty, former CIA officer Robert Baer and others. To Baer, a self-avowed "foot soldier" in the war on terror, "The information we had on the Iranians in 1983 was infinitely better than anything we had on Saddam Hussein." The failure to retaliate for the attack "was all politics."
For example, the CIA managed to identify the Hezbollah operative who built the bomb in the truck. "His name was Ibrahim Safa. He was working with the Pasdaran - the Iranian Revolutionary Guards - out of the southern suburbs of Beirut," Baer tells Insight. "In the hierarchy of things, he was just a thug who'd found God. He'd been a bang-bang man in the civil war in the 1970s who knew explosives."
One option available to military planners was to target the actual planners of the operation, such as Safa, but that was rejected because of the congressional ban on assassination. "Assassination was forbidden, so we couldn't target individuals, the heads of Hezbollah," Ledeen recalls. "We would have had to go after Hezbollah training camps and kill a lot of innocent civilians." That was something Weinberger says neither he nor the president wanted to do.
Soon the primary target became the Sheikh Abdallah barracks in Baalbek, the capital of Lebanon's Bekaa Valley. A former Lebanese-army barracks, it had been taken over by Iran's Pasdaran and was being used to train Hezbollah and house Iranian troops stationed in Lebanon. "We had the planes loaded and ready to take out the group," says Lyons, referring to Hezbollah and their Iranian masters in Baalbek, "but we couldn't get the go-ahead from Washington. We could have taken out all 250 of them in about one-and-a-half minutes."
President Ronald Reagan was demanding retaliation, and asked the U.S. Navy and the Joint Chiefs of Staff to draw up target lists, Lehman tells Insight. According to several participants, the Syrian government also had played a role in the plot and several named Syrian officers were suggested as potential targets, as was the Syrian defense ministry.
"It is my recollection that I had been briefed on who had done it and what the evidence was," Lehman says. "I was told the actual names of the Syrians and where they were. I was told about the evidence that the Iranian government was directly behind it. I was told that the people who had done it were trained in Baalbek and that many of them were back in Baalbek. I recall very clearly that there was no controversy who did it. I never heard any briefer or person in the corridor who said, 'Oh maybe we don't know who did it.'"
Insight has learned that, within three weeks of the attack, enough intelligence had been gathered to determine exactly where and how to hit back, and a counterstrike package was briefed directly to the president. Planners say it included eight Tomahawk missiles launched from the battleship New Jersey against the Syrian defense ministry and other command targets in Syria. Carrier-based A6-A Intruders were assigned to bomb the Sheikh Abdallah barracks in Baalbek in a joint strike with the French, who had lost 58 marines when their own barracks, known as the "Drakkar," was bombed just minutes after the U.S. Marines. It also included selected "snatches" of Syrian officers based in Lebanon who had helped carry out the operation.
Coordinates already were being programmed into the Tomahawks, and the A6 pilots and snatch teams were being briefed, say the intelligence and defense officials Insight interviewed, when someone pulled the plug. By all accounts, that someone was Weinberger.
In his memoirs, Weinberger made clear that he had opposed deployment of the Marines to Beirut in the first place because they were never given a clear mission. He also expressed regret - which he repeated in an interview with Insight - that he had not been "persuasive" enough at White House meetings to convince the president to withdraw the Marines before the October 1983 attack occurred. "I was begging the president to take us out of Lebanon," he tells Insight. "We were sitting right in the middle of the bull's-eye."
Weinberger believed the United States should only deploy U.S. troops in situations where "the objectives were so important to American interests that we had to fight," at which point, the United States should commit "enough forces to win and win overwhelmingly." Those conditions were not present in Lebanon in 1983, he argued. But Weinberger was overpowered by secretary of state George Shultz, who argued at the White House meetings that the United States could not afford to give the impression it would "cut and run" after the attack since that would only encourage the terrorists. As it soon did.
Speaking with Insight, Weinberger insists today that the only reason the United States did not retaliate for the October 1983 attack on the U.S. Marines "was the lack of specific knowledge of who the perpetrators were. We had nothing before the bombing, although I had warned repeatedly that the security situation was very bad. We were in the middle of the bull's-eye, but we didn't know who was attacking the bull's-eye."
Weinberger insists that he has "never heard of any specific information. If I had known, I wouldn't have hesitated" to approve retaliatory action. "Clearly the attack was planned. But it was hard to locate who had done it out of all the different groups. The president didn't want some kind of carpet bombing that would kill a lot of innocent civilians. There were so many groups and not all of them were responsible to the government of Iran. All we knew was that they were united in their hatred of America."
Weinberger's account surprised several other participants who had firsthand knowledge of the intelligence information. "Perhaps Weinberger was never given the intercept by his staff," one participant suggested.
At the time highly classified NSA material such as the Damascus intercept would have been given to the chairman of the Joint Chief of Staff, Gen. John Vessey, and to the military aide to the secretary of defense, who would determine whether the secretary would be apprised of the information personally. Weinberger's aide at the time was Maj. Gen. Colin Powell.
But Vessey tells Insight he has "no recollection" of seeing the intelligence on Iran's involvement in the attack. "It is unbelievable to me that someone didn't bring it through the director of the Defense Intelligence Agency up to me and the secretary of defense." Somewhere along the line, the system broke down. "I just don't know what happened," Vessey says. Sources close to Powell suggest the intercept never made it into the president's daily briefing.
On Nov. 16, 1983, Weinberger received a telephone call from Charles Hernu, the French minister of defense, informing him that French Super-Etendard fighter-bombers were getting ready to attack Baalbek. In his memoirs, Weinberger states that he "had received no orders or notifications from the president or anyone prior to that phone call from Paris," which he said gave him too short a notice to scramble U.S. jets.
This reporter was covering the fighting between Arafat and Syrian-backed PLO rebels in Tripoli, Lebanon, at the time, and vividly recalls watching the French planes roar overhead en route to Baalbek. The raid was a total failure.
Whatever the reasons behind the refusal of the United States to join that French retaliatory raid, there can be no doubt that the terrorists and their masters took the U.S. failure to retaliate as a sign of weakness. Just five months later, Iran's top agent in Beirut, Imad Mugniyeh, took CIA station chief William Buckley hostage and hideously tortured him to death after extracting whatever information he could. Since then, notes former Navy secretary Lehman, Osama bin Laden has "directly credited the Marine bombing" and the lack of U.S. retaliation as encouraging his jihadi movement to believe they could attack the United States with impunity.
"The first shots in the war on terror we are in now were fired in Beirut in October 1983," says Geraghty. "The [Bush] administration is now doing exactly what we need to be doing, attacking the enemies of freedom where they live instead of letting them attack us in our home." But the failure to strike back against Iran and Syria in 1983 was a dreadful mistake, he says. "This was an act of war. We knew who the players were. And, because we didn't respond, we emboldened these people to increase the violence."
Never again.
Kenneth R. Timmerman is a senior writer for Insight magazine.
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A Marine 'Peacekeeper's' Story
Posted Dec. 22, 2003
By Kenneth R. Timmerman
Published: Tuesday, January 6, 2004
Steve Edward Russell, an E-5 sergeant with the 2nd Marine Division out of Camp Lejeune, N.C., was in the guard post directly in front of the lobby when he heard a loud snap, "like a two-by-four breaking" out by the main gate. When he turned to look, he saw a large Mercedes water truck coming through the open gate, leaning heavily as it swerved around barriers. Russell fiddled briefly with his sidearm, but realized it was not loaded - in keeping with the rules of engagement for this "peacekeeping" mission. Then he saw that the truck was coming straight for him.
He made eye contact with the driver - a man in his mid-twenties with curly hair and an olive complexion, wearing what looked like a camouflage shirt - "and the only thing on my mind was to warn." He began running, screaming to Marines who were milling around to get out, but got one last look at the driver. He had "a sh--ty grin, a smile of success you might say." Russell made it to the other side of the building when the truck exploded, wounding him severely.
As he gave his testimony to a courtroom packed with family members of victims, Russell exploded with 20 years of guilt for not having been able to stop the truck. "I hope I've done some good today," he said, "and if I step down right now and drop dead I'd be happy because I've been a good Marine."
Kenneth R. Timmerman is a senior writer for Insight.
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Defector Points Finger at Iran in September 11 Plot
Posted Feb. 4, 2004
By Kenneth R. Timmerman
Published: Tuesday, February 17, 2004
An Iranian defector stepped forward to provide key testimony in the trial of an alleged 9/11 conspirator, a 31-year old Moroccan named Abdelghani Mzoudi, just hours before a German court was preparing to drop all charges against him. The defector, Hamid Reza Zakeri, told a court in Hamburg on Jan. 30 that a Mzoudi colleague, 9/11 hijacker Ziad Samir al-Jarrah, met in Iran with Zakeri's former bosses at the Ministry of Information and Security (MOIS), Iran's intelligence service, two years before the September 11 terrorist attacks. "I saw him at a training camp in eastern Iran with [Lebanese terrorist] Imad Mugniyeh and [top al-Qaeda operative] Saef al-Adil," he said.
Mzoudi himself was in Iran for training in 1997, Zakeri says. The Germans had charged Mzoudi with providing material support to the al-Qaeda cell in Hamburg that included al-Jarrah and two other 9/11 hijackers, but they were preparing to drop the charges before Zakeri stepped forward with new information. Insight first published Zakeri's allegations of an Iranian government link to the 9/11 conspiracy last year [see "Defector Alleges Iranian Involvement in Sept. 11 Attacks," posted June 10, 2003, at Insight Online]. At the time, the CIA responded to Insight inquiries regarding Zakeri's credibility by calling him a "serial fabricator."
Zakeri claimed that he met with a CIA officer at the U.S. Embassy in Baku, Azerbaijan, in July 2001 and provided warning of the 9/11 attacks. The CIA acknowledged the meeting, then claimed Zakeri had provided no credible evidence of a terrorist plot against the United States. But German prosecutors and the German intelligence agencies who have interviewed Zakeri don't appear to share that assessment. Germany's counterespionage service, the Bundeskriminalamt, supplied prosecutors with a 30-page transcript of its interview with Zakeri on Jan. 21, prompting the court to halt Mzoudi's trial and expected release.
In his original interview with Insight, which was picked up by American media organizations only after Zakeri's name surfaced in the German 9/11 trial on Jan. 21, the former MOIS operative said he personally handled security at two meetings between top al-Qaeda operatives and Iranian officials held in Iran just months before the September 11 attacks.
Zakeri's information dovetailed in many respects with an earlier report on Iran's al-Qaeda ties produced by the Defense Intelligence Agency that Insight first revealed in November 2001 [see "Iran Cosponsors Al-Qaeda Terrorism," Dec. 3, 2001]. Both reports have been spiked until now.
Zakeri backed up his original account of the two meetings between al-Qaeda and Iran with a document signed by Hojjat-ol eslam Ali Akbar Nateq-Nouri, who headed the Intelligence Department for Supreme Leader Ali Khamenei. The letter, dated May 14, 2001, carried instructions from Khamenei to his Intelligence Ministry regarding relations with al-Qaeda.
In a follow-on interview with Insight just hours before he appeared in the Hamburg courtroom on Jan. 30, Zakeri reiterated his earlier allegations that Saad bin Laden, eldest son of the Saudi terrorist, and bin Laden's deputy, Ayman al-Zawahri, both came to Iran in the months prior to the 9/11 attacks to discuss the logistics and strategy of a major attack on the United States with Iranian intelligence officers.
Saad bin Laden "spoke good English" during his talks with MOIS officials when he came to Iran four months and seven days before 9/11, Zakeri tells Insight.
Another top al-Qaeda operative, Saef al-Adil, currently is in Iran, Zakeri tells Insight, where he has met with the deputy military commander of the Iranian Revolutionary Guards Corps (IRGC), Gen. Mohammad Baqr Zolqadr. Training of al-Qaeda operatives by the IRGC took place at the "Fathi Shiqaqi" camp to the northeast of Iran, he adds. Shiqaqi was the leader of Palestinian Islamic Jihad (PIJ), an Iranian-backed terrorist group, until Israeli intelligence operatives assassinated him in Malta in October 1995. Shiqaqi was replaced as head of PIJ by Ramadan Shallah, who left a teaching job at the University of South Florida where he had worked alongside professor Sami al-Arian, now awaiting trial in the United States on terrorism-related charges.
U.S. officials say they believe Saad bin Laden currently is in Iran, where he is being given refuge and safe harbor, but repeated requests to the Iranian government to hand him over for trial have gone unanswered. The Iranian government says only that a number of al-Qaeda operatives crossed into Iran from neighboring Afghanistan and that they currently are awaiting prosecution for unspecified violations of Iranian law.
Kenneth R. Timmerman is a senior writer for Insight.
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Stacking the Deck Against Science By Kristen Philipkoski
Story location: http://www.wired.com/news/medtech/0,1286,62119,00.html
02:00 AM Feb. 03, 2004 PT
Under the guise of promoting sound science, the Bush administration is advancing a policy that could make it more difficult for federal agencies to protect health and the environment, U.S. scientists say.
A White House Office of Management and Budget, or OMB, bulletin (PDF) drafted in August 2003 would allow the government to hand-pick scientists to second-guess scientific research, opponents say. The text of the bulletin says its purpose would be to ensure that all research affecting federal regulations, such as environmental or health advisories, would be thoroughly peer reviewed by unbiased researchers.
But scientists feel the government is commandeering a term that is near and dear to their hearts.
Peer review is the backbone of all serious science. It's a process by which top experts in a given field examine research for flaws, and often send it back to researchers for more work before it's disseminated to the public. But scientists say the White House version of peer review would allow the government to stack review committees in favor of the government and industry.
"It wouldn't be peer review as we're used to," said William Schlesinger, president of the Ecological Society of America, which represents 8,000 scientists in academia, government and industry.
The OMB bulletin would require that peer reviewers be "independent of the agency" involved when it comes to "significant regulatory information." Experts receiving funding from the agency involved, who have performed multiple peer reviews for that agency in recent years or just one review on the same topic, would be eliminated as potential reviewers.
That would eliminate the top experts in a given field, scientists said in letters responding to the bulletin.
"Anyone really good has done some science and made a conclusion," Schlesinger said. "If you eliminate those people, probably the researchers did multiple reviews because they were recognized as being good at it. (Also,) anybody any good on an issue is always looking for research funding."
Many also complain that the bulletin does not address ways to combat conflict of interest when it comes to researchers working in the private sector.
Opponents of the bulletin also said the definition of "significant" or "especially significant" regulatory information was so broad that it could lead to an unmanageable number of federally mandated peer reviews.
The OMB did not return repeated phone calls, and it's unclear when the OMB will advance the bulletin or if it will be revised.
Five congressmen and members of the Committee on Science wrote a response to the bulletin saying items as disparate as Alan Greenspan's decisions on interest rates, Veterans Affairs drug prices and weather warnings could fall under this rule and require peer review.
"When the National Weather Service predicts a major storm, it has immediate implications for businesses and governments in affected areas," they wrote (PDF). "It would appear completely unworkable, however, to obtain peer review of this information on a regular basis."
The peer-review proposal could dangerously slow down the process of warning the public about health dangers, said Winifred DePalma, regulatory affairs counsel for Public Citizen.
"This is explicitly taking control over when the public health and environmental agencies can make an announcement to the public," DePalma said. "You would have to go through peer review before disseminating that information to the public unless peer review is waived."
Respondents to the bulletin are divided between industry and scientific or environmental groups. For example, the Gas Appliance Manufacturers Association and the Industrial Minerals Association favor the proposal. The American Academy for the Advancement of Science, the National Academy of Sciences and the Natural Resources Defense Council oppose it.
Opponents also say the measure is trying to fix something that's not broken.
"There's nothing wrong with the system," said Georges Benjamin, president of the American Public Health Association. "People might not like the way the good science comes out, so they want to look for an opposition to second-guess it. I don't know what OMB's motives are, but I think they've got a solution looking for a problem."
"It is really amazing that OMB has not pointed out a single instance of bad rule-making or decision-making based on (scientific) information," DePalma said.

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Andrew Jewett
Science & the promise of democracy in America - D?dalus Fall 2003
Andrew Jewett, a visiting scholar at the American Academy in the academic year 2002-2003, is a lecturer in history at Yale University. He is completing a book on the understanding of scienti?c democracy in early-twentieth-century America.
http://www.amacad.org/publications/fall2003/jewett.pdf


The intellectual skirmishes known as the science wars have centered on whether scienti?c facts and theories are socially constructed. This is, of course, a substantive argument over meaningful issues: the nature of truth, the possibility of objective knowledge, and the proper methodology for scholarly inquiry. But why in the past decade has debate over this particular set of abstract questions become so acrimonious, so deeply politicized? And why has the debate erupted most stridently in the United States?
Commentators sometimes claim that sociological factors explain the intensity of the conflict, and that this philosophical quarrel gains its emotional tenor from an underlying struggle over academic turf. Thomas F. Gieryn argues, for example, that sociologists and literary theorists are trying to portray their own disciplines as the only sources of authoritative judgment-an assertion that physicists, chemists, and biologists naturally dispute. The science wars, he writes, are a series of "credibility contests in which rival parties manipulate the boundaries of science in order to legitimate their beliefs about reality and secure for their knowledge-making a provisional epistemic authority that carries with it influence, prestige, and material resources."1
For Gieryn what is really at stake is social status. But I am not convinced. I believe that the science wars express something more than a substantive debate over epistemological issues, and something deeper than a dispute over academic status. What we are witnessing is a new chapter in an ongoing struggle over the meaning of modern science for American democracy.
This is a struggle that took shape in the ?rst half of the twentieth century, especially during the 1920s and 1930s. The vigorous debates of that period about the political meaning of science inform today's political, institutional, and cultural climate, and by reconsidering them we may discover the deep roots and true stakes of the science wars today. In the late nineteenth century, a few Americans began to argue that the nation could best guarantee its political health by expanding its scienti?c institutions. After the turn of the century, an increasingly broad group of academics- some based in the natural sciences but most in the social sciences, philosophy, history, and educational theory- were joined in this endeavor by journalists and educators outside the academy who agreed that science held great social promise.
This group of `scienti?c democrats' included (to name only a few of the most famous) the philosopher John Dewey, President Herbert Hoover, the physicist Robert A. Millikan, the anthropologist Franz Boas-and Vannevar Bush, the electrical engineer who directed the wartime effort to build the ?rst atomic bomb.2 They constituted a large proportion, perhaps even an outright majority, of those Americans engaged in research, study, and writing during the ?rst half of the twentieth century. And, although their views were far from uniform, they shared enough ideas that we can consider them a social movement.
For the scienti?c democrats the most salient fact of American life during the Gilded Age was the spread of egoistic and self-seeking behavior. As the frontier closed and the economy industrialized, the nation seemed increasingly indanger of developing some of the most feared solvents of a republican society: a permanent class of dependent wageearners and an economically parasitic elite.
One response was the Social Gospel movement in American Protestantism. Theologians of this bent emphasized that the path to individual salvation ran through social salvation, and they advocated for, among other moralities, the worker's right to a living wage and safe working conditions. Other responses included socialism and trade unionism. But the scienti?c democrats felt that none of these programs could adequately address the political challenges of an industrial society. Since most of these democrats had been raised in evangelical Protestant environments, they still believed that personal benevolence was central to solving the nation's industrial woes. They therefore rejected what they saw as the narrowly material goals of the socialists and the trade unionists. Yet they also moved away from institutional Protestantism, believing that it was still tainted by a stringent Calvinist emphasis on self-denial and failed to explain how benevolence, by itself, could transform a complex industrial society. The "major problem of life," as Ralph Barton Perry put it, was to foster simultaneously "sentiments" and "modes of organization" by which "human suffering may be mitigated, and by which every unnecessary thwarting of human desire may be eliminated."3
To solve this problem, the scienti?c democrats proposed a return to the scienti?c method, as they understood it. (By the standards of contemporary physics or biology, what they meant by `science' was quite broad-it implied a general commitment to the experimental investigation and theoretical explanation of a variety of phenomena, both natural and social.) In their optimistic view, modern science had proved its power in practice, by harnessing natural resources and creating new inventions such as the steam engine and the rail- road, creating an industrial society with the potential to overcome scarcity. The task now was to apply the methods of modern science to the improvement of social organization itself. The application of such methods might allow the nation to close the gap between its professed ideals and the realities of industrial social life, by organizing a new kind of political community that was capable of enlightened self-rule.
By taking as givens both political democracy
and an industrial system based on extensive personal interdependence, the scienti?c democrats were forced to reject the nineteenth-century equation of civic virtue with economic independence. In effect, the scienti?c democrats neatly severed the two halves of what Sacvan Bercovitch describes as the nineteenth-century American model of "representative selfhood": "independence of mind" and "independence of means."4 What virtue, they asked, was economic independence supposed to have protected in the ?rst place? Their answer was intellectual freedom, a social-psychological state that allowed the individual to participate constructively in collective action and decisionmaking. The problem, as they saw it, was to restore the intellectual freedom that had been lost during the rise of the industrial economy. According to Lyman Bryson, "scienti?c or objective thinking" was the source of "the only kind of freedom that is worth having, the freedom to use the mind in all its untrammeled strength and to abide by clearly seen conclusions." And in order to keep the people from "suffering at the hands of those who have knowledge and would use it against them," Bryson continued, society had to provide for "common ownership" of such "effective thought." Science would protect the public against not only errors in judgment, but also "enslavement" by the more knowledgeable. 5 Universal access to science would liberate the public from its mental bondage. To modern ears, the scienti?c democrats' program may sound as deeply authoritarian as the intellectual tyranny they feared. But the now common charge that these ?gures imposed a concrete ethical system under the cover of absolute neutrality misses the point, for the scienti?c democrats de?ned intellectual freedom in far different terms than we do. Scholars have long noted that Progressive Era reformers developed a positive notion of political freedom, in which removing obstacles to action was only the ?rst step toward making freely chosen action possible. The scienti?c democrats understood intellectual freedom in equally positive terms, conceiving it as the possession of suf?cient resources to think effectively in a social setting, rather than as merely the absence of coercion. "No man and no mind," Dewey wrote in 1927, "was ever emancipated by being left alone."6 Freedom was a product of social relations, not of the escape from them. Meanwhile, science seemingly reinforced the point that an attitude of pure neutrality or pure self-seeking was counterproductive; what characterized science as a cultural practice was the participants' emotional commitment to the pursuit of collective truths.
During its ?rst phase, in the years before World War I, the movement for scienti?c democracy centered on two goals. The ?rst was increasing the cognitive and social authority of science. This meant familiarizing the public with the inevitability of industrialization, as well as expanding the predictive power of the physical and social sciences, establishing these disciplines on a ?rmer professional basis, and strengthening the universities with which these disciplines were increasingly associated. Despite internal divisions, the nascent movement united during these early years behind a general program of persuading Americans that a commitment to `science'-however vaguely de?ned-promoted social integration and the only kind of democracy compatible with an industrial society. The second shared goal prior to World War I was more subtle, though equallyconsequential: rede?ning how scienti ?c inquiry itself was understood. Nineteenth-century American interpreters of science offered a narrowly empirical reading based on the work of Francis Bacon, as ?ltered through the writings of the Scottish common-sense realists. They held that all individuals possessed a truth-?nding faculty that could perceive the orderly, lawful structures of the universe, just as the eye perceived light and shape. Scienti?c facts were like objects to be collected or discovered, available to all and requiring little analysis beyond systematic classi?cation. The scientist was like a pioneer on the prairie, struggling to organize the elements of an inhuman but morally responsive nature.7
But to the scienti?c democrats it was abundantly clear that morally normative facts were not simply strewn about the landscape to be collected and assembled by any frontiersman. The general public consistently got the facts wrong, and, more importantly, consistently read the social implications of even the most well-established facts-in particular, the irreversible rise of the industrial economy-incorrectly. Abandoning common-sense realism, then, the scienti ?c democrats developed a range of new theories based on the work of European thinkers such as John Stuart Mill, Karl Pearson, and Ernst Mach. These theories, typically designated either positivism or pragmatism, held that the production of scienti?c knowledge required coordinated effort by specially trained individuals.
When these scienti?c democrats invoked objectivity as a characteristic of scienti?c knowledge, they meant neither that the knowledge was absolutely certain nor that the generalizations would necessarily hold permanently true. As one researcher summarized recently, "All the great scientists of the last hundred years (and some much earlier ones) have in one place or another clearly stated that their purpose was to create plausible theoretical models for the organisation of experience and that these models must not be considered representations of absolute reality."8 Objectivity, for these theorists, meant that scienti?c knowledge was as immune as possible to the influence of the observer's own desires. Science was, in the new theories, most fundamentally a means of error correction, producing not perfect truths but simply the best available truths. In the wake ofWorld War I, a new variant of scienti?c democracy appeared,
endorsed by such ?gures as Dewey, Perry, Bryson, and Eduard C. Lindeman. Rather than leave the organization of society to the political-economic conclusions of a small group of scienti?c experts, this group of `deliberative democrats' wanted to engage the public in the intellectual freedom represented by science. If science was the preeminent form of free communication, then it was also the preeminent means by which the social organism could alter itself democratically. By Dewey's account, "Society not only continues to exist by transmission, by communication, but it may fairly be said to exist in transmission, in communication."9 Even if substantial socialization of property was the wave of the future, the process would attain political legitimacy only through the public's active intellectual participation. The deliberativists agreed with their predecessors that the scienti?c method as such was value neutral, in that it neither forced any particular values nor produced facts that were inherently normative. Yet they suspected that the scienti?c methodologies inherited from
their European predecessors were themselves part of the social problem; science would have to be puri?ed or Americanized so that it could perform its appointed task of buttressing democratization. So the deliberativists set out to create not merely a new science but what they often called `a science of science'-a methodologically self-conscious form of inquiry that, by going beyond both realism and positivism, would automatically generate democratic knowledge. The most influential formulation of this idea was Dewey's instrumentalism. This philosophy held that all intellectual constructs and even the scienti?c method itself were merely tools for the achievement of human values, available for use by any and all actors in the pursuit of any and all conceivable ends. A purely methodological conception of science had positive consequences for the organization of intellectual life. It allowed the specialized disciplines to claim scienti?c authority without stepping on each other's toes. In lieu of transcendent or universal principles, standards of explanation could be determined locally, according to the speci?c characteristics of the phenomena under investigation. It also provided a quasipolitical role for a new group of scienti ?c democrats: ?rst- and secondgeneration immigrants, almost all of them Jews. These ?gures were deeply committed to the tenets of democracy, but found the United States far less egalitarian and open than it proclaimed itself to be. Suspicious of crass business values, and harboring idealized images of the highly integrated Old World communities they or their parents had left behind, they faced what one historian has called a standing ideological challenge "to relate the myth of America to the context and conditions of modern America."10 Tools of inquiry that retained their validity no matter who cre-ated or used them offered an important means by which they could help close the cultural gap.
On the other hand, installing this methodological de?nition of science at the heart of American democratic theory forced a split between institutionally committed religious thinkers-no matter how supportive they were of modern science's ?ndings-and scienti?c democrats. A strict insistence on scienti?c methods ruled out reference to biblical authority or mystical visions as guides to political action. The program of the deliberative democrats was, in this regard, radically secular. And because it denigrated in principle the beliefs and religious convictions held by many ordinary Americans, the movement was never able to win the democratic support its own vision demanded.
The ascendancy of the movement to create a scienti?c democracy did not in any case last long. The Great Depression, the rise of fascism and Nazism, and America's entry into World War II and subsequent emergence as a global power with a large standing army presented formidable new challenges to the ideal of a deliberative democracy. By the 1950s, with new support in all quarters for research and a seemingly endless Cold War underway, the language of scienti ?c democracy had lost much of its critical edge.
The rhetorical identi?cation of science with democracy remained a staple of Cold War rhetoric, but in the publicly visible invocations of this equation, both science and democracy were de?ned in strictly material fashion and shorn of the deliberative idealism championed by Dewey.11 Defenders of science had jettisoned Dewey's emphasis on science as a tool for the pursuit of human values in favor of rigorous new theories of objectivity that gained their support from the work of the logical empiricists in the new ?eld of philosophy of science. The new, postwar emphasis was summarized by Harvard economics professor John D. Black, writing that the growth of science secured a new Bill of Rights for Americans: To every man shall be given a job suited to his abilities, or a shop of his own in which to turn out products or services needed by his fellow men, or a piece of land upon which to make a living for his family. To every woman shall be given a home or these same opportunities. To every father and mother shall be given the same opportunities for their children to be well-fed and educated and successful as are given to any other children. No man or woman is entitled to any share of the world's goods larger than he produces; but he shall be given an opportunity to produce according to his abilities and his ambition and a necessary minimum of food, clothing, and shelter, regardless of his means; and the child shall not be denied an equal opportunity merely because of the poverty of the parent.12
Such a deeply chastened consensus set the stage for an inevitable reaction. When the ideological pressures of the Cold War eased in the early 1960s, a new generation began to wonder why consumption and military spending were politically untouchable. The situation was galling, in part, precisely because educated middle-class Americans- and the generation of the 1960s was no exception-had entertained such lofty political hopes for science and the universities. Faced with the argument that not even those scientists funded by the Department of Defense bore responsibility for the use of their discoveries, many social critics turned against the language of scienti?c objectivity itself. Believing that they were forced to choose between democratic values and the bene?ts of science, many Americans were prepared to reject the dream of the scienti?c democrats and their Enlightenment- inspired vision of a society modeled on the intellectual freedom of scientists. As they entered academia, these critics retained their focus on science as the ideological core of the American social and political system. Assuming, as had the scienti?c democrats, that intellectual and institutional change were causally linked, they insisted that the critique of objectivity offered a theoretical lever for moving society toward social justice. In fact, historian Edward A. Purcell, Jr., writes, the "most characteristic and signi ?cant intellectual endeavor of the Sixties" was the "attempt to reevaluate the nature of science: to analyze its sociological bases, to illuminate its political functions, and, above all, to deny its pretensions to exclusive and total access to truth." The goal was to "dethrone objectivist science as the supreme intellectual authority."13
And as the conservative ascendancy of the 1970s and 1980s swept away hopes of social reconstruction, the critics redoubled their efforts to unmask the pretensions of science to enlighten and liberate. Meanwhile, defensively minded scientists dug in their feet and took a stand for the possibility of objectivity, even if they personally sought different political goals than those articulated by Black. The outspoken entomologist Edward O. Wilson wrote in a characteristic recent passage that "The propositions of the original Enlightenment are increasingly favored by objective evidence, especially from the natural sciences."14 The stage was set for the science wars. Still, the original vision of scienti?c democracy has yet to disappear fully from the American scene. Despite the sound and fury of contemporary arguments in the academy, the prospect that science can have cultural as well as material bene?ts for ordinary Americans has not entirely lost its hold on the national imagination. And while it seems unlikely that any group of academics will ever voluntarily surrender its hard-won claims to institutional authority, the time may come again when America's natural and social scientists, leaving behind the disputes of the 1990s, undertake a new joint effort to redeem the promise of American democracy under the banner of intellectual freedom.
1 Thomas F. Gieryn, Cultural Boundaries of Science: Credibility on the Line (Chicago, Ill.: University of Chicago Press, 1999), 337.
2 I use the term `democrat' in a relatively loose sense to refer to those who rejected authoritarian solutions to the nation's problems and who retained a place for universal suffrage and the consent of the governed. We have, of course, come to see many of their proposals as something less than democratic in the wake of the New Left's renewed emphasis on the value of political participation.
3 Ralph Barton Perry, "Realism in Retrospect," in Contemporary American Philosophy, ed. George P. Adams and William P. Montague (New York: Macmillan, 1930), 187-209, 206.
4 Sacvan Bercovitch, "The Rites of Assent: Rhetoric, Ritual, and the Ideology of American Consensus," in The American Self: Myth, Ideology, and Popular Culture, ed. Sam B. Girgus (Albuquerque, N.Mex.: University of New Mexico Press, 1981), 5-42, 13.
5 Lyman Bryson, The New Prometheus (New York: Macmillan, 1941), 74, 82, 99, 107.
6 John Dewey, "The Public and Its Problems," in John Dewey: The Later Works, 1925-1953, vol. 2, ed. Jo Ann Boydston (Carbondale, Ill.: Southern Illinois University Press, 1988), 340.
7 Historians have demonstrated that science flourished in the nineteenth-century state only where it was linked ?rmly to the colonization of the continent. The government scientist was, in many cases, a pioneer in actual as well as metaphorical terms, accompanying various expeditions to work in relatively unpopulated areas on the frontier. See Philip J. Pauly, Biologists and the Promise of American Life: From Meriwether Lewis to Alfred Kinsey (Princeton, N.J.: Princeton University Press, 2000), esp. 44-70.
8 Ernst von Glasersfeld, "Comment on Neil Ryder's `Science and Rhetoric,'" Pantaneto Forum 10 (April 2003), .
9 John Dewey, "Democracy and Education: An Introduction to the Philosophy of Education," in John Dewey: The Middle Works, 1899- 1924, vol. 9, ed. Jo Ann Boydston (Carbondale, Ill.: Southern Illinois University Press, 1976), 7.
10 Sam B. Girgus, "The New Covenant: The Jews and the Myth of America," in The American Self: Myth, Ideology, and Popular Culture, ed. Girgus, 105-123, 111.
11 As Rebecca Lowen shows in her study of Stanford University, Creating the Cold War University: The Transformation of Stanford (Berkeley: University of California Press, 1997), evenduring the depths of the Cold War there were scientists who fought against a militaristic reading of their enterprise. The socio-political meaning of science has always been contested, both inside and outside the scienti?c disciplines. David Hollinger discusses scienti?c intellectuals' participation in the cultural battles of the midcentury in "Science as a Weapon in Kulturk?mpfe in the United States during and after World War II," in Science, Jews, and Secular Culture: Studies in Mid-Twentieth-Century Intellectual History (Princeton, N.J.: Princeton University Press, 1996), 155-174.
12 John D. Black, Design for Defense: A Symposium of the Graduate School, U.S. Department of Agriculture (Washington, D.C.: American Council on Public Affairs, 1941), 40.
13 Edward A. Purcell, Jr., "Social Thought," American Quarterly 35 (Spring/Summer 1983): 80-100, 84.
14 Edward O. Wilson, Consilience: The Unity of Knowledge (New York: Alfred A. Knopf, 1998), 8.
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Wendy L. Freedman
on the age of the universe
Wendy L. Freedman, a Fellow of the American Academy since 2000, has been appointed as the next director of the Carnegie Observatories in Pasadena, California, where she is presently a faculty member and astronomer. For almost a decade she has been one of three principal investigators using the Hubble Space Telescope to determine the rate at which the universe is expanding. With a group of Carnegie Astronomers, she has recently begun a project to study dark energy.
http://www.amacad.org/publications/winter2003/freedman.pdf

How did the world begin? How old is it? Do mysterious and invisible forces determine its fate? Surprisingly enough, such questions are now at the forefront of scienti?c research.
Over the past century, old ideas about the cosmos and our place in it have been dramatically overturned. We now know that the Sun does not occupy the center of the universe, and that in addition to our own Milky Way, space is ?lled with hundreds of billions of other galaxies. Even more astonishingly, we know that the universe itself is expanding everywhere, and that as space expands, galaxies are being swept apart from each other at colossal speeds.
In the last few years, tantalizing hints have begun to appear that the expansion of the universe is even accelerating. These results imply the existence of a mysterious force able to counter the attraction of gravity. The origin and nature of this force currently defy explanation. But astronomers have reason to hope that ongoing research will soon resolve some of the deepest riddles of nature.
It was Edwin Hubble, a Carnegie Astronomer based in Pasadena, California, who ?rst learned that the universe was expanding; in 1929, he discovered that the farther away from our Milky Way galaxies are, the faster they are moving apart. A few years before, Albert Einstein in his general theory of relativity had published a mathematical formula for the evolution of the universe. Einstein's equations, like Hubble's observations, implied that the universe must once have been much denser and hotter. These results suggested that the universe began with an intense explosion, a `big bang.'
The big bang model has produced a number of testable predictions. For example, as the universe expands, the hot radiation produced by the big bang will cool and pervade the universe-thus we should see heat in every direction we look. Big bang theory predicts that by today the remnant radiation should have cooled to a temperature of only 3 degrees above absolute zero (corresponding to a temperature of -270 degrees Celsius). Remarkably, this radiation has been detected. In 1965, two radio astronomers, Arnold Penzias and Robert Wilson, discovered this relic radiation during a routine test of communications dishes, a discovery for which they were awarded the Nobel Prize.
The current expansion rate of the universe, known as the Hubble constant,determines the size of the observable universe and provides constraints on competing models of the evolution of the universe. For decades, an uncertainty of a factor of two in measurements of the Hubble constant existed. (Indeed, determining an accurate value for the Hubble constant was one of the main reasons for building the Hubble Space Telescope.) However, rapid progress has been made recently in resolving the differences. New, sensitive instruments on telescopes, some flying aboard the Hubble Space Telescope, have led to great strides in the measurement of distances to galaxies beyond our own. In theory, determining the Hubble constant is simple: one need only measure distance and velocity. But in practice, making such measurements is dif?cult. It is hard to devise a means to measure distances over cosmological scales accurately. And measuring velocity is complicated by the fact that neighboring galaxies tend to interact gravitationally, thereby perturbing their motions. Uncertainties in distances and in velocities then lead to uncertainties in their ratio, the Hubble constant.
Velocities of galaxies can be calculated from the observed shift of lines (due to the presence of chemical elements such as hydrogen, iron, oxygen) in the spectra of galaxies. There is a familiar analogous phenomenon for sound known as the Doppler effect, which explains, for instance, why the pitch of an oncoming train changes as the train approaches and then recedes from us. As galaxies move away from us, their light is similarly shifted and stretched to longer (redder) wavelengths, a phenomenon referred to as redshift. This shift in wavelength is proportional to velocity. Measuring distances presents a greater challenge, which has taken the better part of a century to resolve. Most distances in astronomy cannot be measured directly because the size scales are simply too vast. For the very nearest stars, distances can be measured using a method called parallax. This uses the baseline of the Earth's orbit, permitting the distance to be calculated using simple, high-school trigonometry. However, this technique currently can be applied reliably only for relatively nearby stars within our own galaxy.
In order to measure the distance of more remote stars and galaxies, astronomers identify objects that exhibit a constant, known brightness, or a brightness that is related to another measurable quantity. The distance is then calculated using the inverse square law of radiation, which states that the apparent brightness of an object falls off in proportion to the square of its distance from us. The effects of the inverse square law are easy to see in everyday life-say if we compare the faint light of a train in the distance with the brilliant light as the train bears down close to us. To get a sense of the (astronomical) scales we are talking about, the nearest star to us is about 4 light-years away. One light-year is the distance that light can travel within a year moving at the enormous speed of 186,000 miles per second. At this speed, light circles the Earth more than 7 times in 1 second. For comparison, the `nearby' Andromeda galaxy lies at a distance of about 2 million light-years. And the most distant galaxies visible to us currently are about 13 billion light-years away. That is to say, the light that left them 13 billion years ago is just now reaching us, and we are seeing them as they were 13 billion years ago, long before the Sun and Earth had even formed (4.6 billion years ago). Until recently, one of the greatest challenges to measuring accurate distances was a complication caused by the pres-ence of dust grains manufactured by stars and scattered throughout interstellar space. This dust, located in the regions between stars, absorbs and scatters light. If no correction is made for its effects, objects appear fainter and therefore apparently, but erroneously, farther away than they actually are. Fortunately, dust makes objects appear not only fainter, but also redder. By making measurements at more than one wavelength, this color dependence provides a powerful means of correcting for the presence of dust and allowing correct distances to be derived.
Currently, the most precise method for measuring distances is based on the observations of stars named Cepheid variables. The atmospheres of these stars pulsate in a very regular cycle, on timescales ranging from 2 days to a few months. The brighter the Cepheid, the more slowly it pulsates, a property discovered by astronomer Henrietta Leavitt in 1908. This unique relation allows the distance to be obtained, again using the inverse square law of radiation-that is, it allows the intrinsic brightness of the Cepheid to be predicted from its observed period, and its distance from Earth to be calculated from its observed, apparent brightness.
High resolution is vital for discovering Cepheids in other galaxies. In other words, a telescope must have suf?cient resolving power to distinguish individual Cepheids from all the other stars in the galaxy. The resolution of the Hubble Space Telescope is about ten times better than can be generally obtained through Earth's turbulent atmosphere. Therefore galaxies within a volume about a thousand times greater than accessible to telescopes from Earth could be measured for the ?rst time with Hubble. With it, distances to galaxies with Cepheids can be measured relatively simply out to the nearest massive clusters of galaxies some 50 to 70 million light-years away. (For comparison, the light from these galaxies began its journey about the time of the extinction of the dinosaurs on Earth.)
Beyond this distance, other methods- for example, bright supernovae or the luminosities of entire galaxies-are employed to extend the extragalactic distance scale and measure the Hubble constant. Supernovae are cataclysmic explosions of stars near the end of their lives. The intrinsic luminosities of these objects are so great that for brief periods, they may shine as bright as an entire galaxy. Hence, they may be seen to enormous distances, as they have been discerned out to about half the radius of the observable universe. Unfortunately, for any given method of measuring distances, there may be uncertainties that are as yet unknown. However, by comparing several independent methods, a limit to the overall uncertainty of the Hubble constant can be obtained. This was one of the main aims of the Hubble Key Project.
This project was designed to use the excellent resolving power of the Hubble Space Telescope to discover and measure Cepheid distances to galaxies, and to determine the Hubble constant by applying the Cepheid calibration to several methods for measuring distances further out in the Hubble expansion. The Key Project was carried out by a group of about 30 astronomers, and the results were published in 2001. Distances measured using Cepheids were used to set the absolute distance scale for 5 different methods of measuring relative distances. The combined results yield a value of the Hubble constant of 72 (in units of kilometers per second per megaparsec, where 1 megaparsec corresponds to a distance of 3.26 million light-years),with an uncertainty of 10 percent. (The previous range of these measurements was 40 to 100 in these units.) Unlike the situation earlier, all of the different methods yield results in good agreement to within their respective measurement uncertainties.
The Hubble constant is the most important
parameter in gauging the age of the universe. However, in order to determine a precise age, it is important to know how the current expansion rate differs from past rates. If the universe has slowed down or speeded up overtime, then the total length of time over which it has been expanding will differ accordingly. Is the universe slowing down (as expected if the force of gravity has been retarding its expansion)? If so, the expansion would have been faster in the past before the effects of gravity slowed it down, and the age estimated for the universe would be younger than if it had always been expanding at a constant rate.
Indeed, this deceleration is what astronomers expected to ?nd as they looked further back in time. The calculation for a Hubble constant of 72 and a universe with a slowing expansion rate yields an age for the universe of about 9 billion years. This would be ?ne, except for one not-so-small detail from other considerations: the measured ages of stars.
The best estimates of the oldest stars in the universe are obtained from studying globular clusters, systems of stars that formed early in the history of our galaxy. Stars spend most of their lifetimes undergoing the nuclear burning of hydrogen into helium in their central cores. Detailed computer models of the evolution of such stars compared with observations of them in globular clusters suggest they are about 12 or 13 billion years old-apparently older than the universe itself. Obviously, this is not possible.
The resolution of this paradox appears to rest in a newly discovered property of the universe itself. A wealth of new data over the past few years has begun to evolutionize cosmology. Probably the most surprising result is the increasing evidence that instead of decelerating as expected, the universe is accelerating! One implication is the existence of a form of energy that is repulsive, acting against the inward pull of gravity. Astronomers refer to this newly discovered universal property of the universe as `dark energy.'Before the expansion of the universe was discovered, Einstein's original mathematical equation describing the evolution of the universe in general relativity contained a term that he called the cosmological constant. He introduced this term to prevent any expansion (or contraction) of the universe, as it was thought that the universe was static. After Hubble discovered the expansion, Einstein referred to the cosmological constant as his greatest blunder. He had missed the opportunity to predict the expansion.
However, a recent discovery suggests that, although the universe is expanding, the term in Einstein's equation may have been correct after all: it may represent the dark energy. In a universe with a Hubble constant of about 70, and with matter contributing one-third and dark energy providing approximately twothirds of the overall mass plus energy density, the resulting estimated age for the universe is 13 billion years, in very good agreement with the ages derived from globular clusters.
It is too soon yet to know whether the existence of dark energy will be con- ?rmed with future experiments. But to the surprise of an initially skeptical community of astronomers and physicists,several independent observations and experiments are consistent with this theory. Perhaps most exciting is the prospect of learning more about an entirely new form of mysterious energy, a property of the universe that to date has evaded all explanation.
The dark energy observed is smaller by at least 10 billion, billion, billion, billion, billion, billion times than the best theories of elementary particle physics would predict from ?rst principles. Hence, by studying the behavior of the universe, astronomers are posing new challenges to fundamental physics. It is often the case in science that as old questions are resolved, novel, perhaps even more exciting, questions are uncovered. The next decade promises to be a fruitful one in addressing profound questions about the nature of the universe we live in.
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Oil: The illusion of plenty
By Alfred Cavallo

One hundred and twelve billion of anything sounds like a limitless quantity. But in terms of barrels of oil, it's just a drop in the gas tank. The world uses about 27 billion barrels of oil per year, meaning that 112 billion barrels--the proven oil reserves of Iraq, the second largest proven oil reserves in the world--would last a little more than four years at today's usage rates.
In the future, 112 billion barrels will likely prove even shorter-lived. In the United States, gas-guzzling sport utility vehicles and larger homes are deemed essential. As the underdeveloped world industrializes, demand for oil by billions of people increases; China and India are building superhighways and automobile factories. Energy demand is expected to rise by about 50 percent over the next 20 years, with about 40 percent of that demand to be supplied by petroleum.
Ever-increasing supplies of low-cost petroleum are thought to be vital to the U.S. and world economies, which is why the invasion of Iraq and the belief that controlling its 112-billion-barrel reserve would give the United States a limitless pipeline to cheap oil were so dangerous. The war in Iraq will definitely have an effect on the U.S. and world economies, but not a positive one. The invasion, occupation, and rebuilding of Iraq will cost the people of the United States both blood and treasure. But more to the point, Iraq could be a fatal distraction from many fundamental and extremely unpleasant facts that actually threaten the United States--one of which is the finite nature of petroleum resources.
Petroleum reserves are limited. Petroleum is not a renewable resource and production cannot continue to increase indefinitely. A day of reckoning will come sometime in the future. The point at which production can no longer keep up with increasing demand will mean a radical and painful readjustment globally to everyday life.
In spite of that indisputable fact, people behave as if the global petroleum supply is unending. Predictions of the exhaustion of oil reserves seem to have lost all credibility. The public assumes that inexpensive oil will be available essentially forever. The idea that petroleum resources are finite and that petroleum production might peak in the near future seems to have vanished from all discussions of energy policy in Congress, in the press, and even among public interest groups.
This surreal situation is due to several factors. One, certainly, is that pessimists have cried wolf too often. Forecasts of imminent shortages of oil, food, and other natural resources are confounded by the enormous display of material goods that envelops consumers in the West. For most people, the market price of any commodity is what signals shortage or plenty. Time and again, collapsing oil prices have succeeded rising oil prices, leading to the belief that oil will always become cheap again. That oil supplies are currently abundant and inexpensive and have been for nearly 20 years, and that the models used to predict peak oil production are not easy to understand, appear to ignore economic factors, and are based on proprietary data, explain to some degree the present feeling of permanent abundance.
In reality, the differential between petroleum production cost and market price is so large that market price cannot be used as a measure of resource depletion. For example, the variation in the average price of oil between 1998 ($10 per barrel) and 2000 ($24 per barrel) had nothing to do with depletion of reserves and everything to do with an attempt to exercise "market discipline" by the Organization of Petroleum Exporting Countries (OPEC).
But the most important reason there seems to be an unending supply of oil is the activity of non-OPEC producers. Oil production is immensely lucrative. Large amounts of petroleum have been and will continue to be produced outside the Middle East at costs that are very low, $5-$10 per barrel, compared to the desired OPEC price range of $22-$28 per barrel. The opportunity to realize extraordinary profits provides irresistible pressure to produce as much oil as possible, as soon as possible.
Yet oil is a finite resource, and there are only so many places to look for it. Sooner or later petroleum production will decline, so sooner or later the prophets of depletion will be correct. The question then becomes: Can a peak oil forecast be made that is useful to the petroleum industry and to consumers, one that will alert them to the problems and allow for a redeployment of resources?
Answering that question requires an understanding of why the world's rising petroleum needs are being met without skyrocketing prices or supply shortages.
Everyone knows that the science and technology underpinning computers, telecommunications, and medicine have advanced dramatically over the last 20 years. The proof is everywhere, from ever more powerful personal computers, to increasingly sophisticated cell phones, to new medical imaging technologies and pharmaceuticals.
Unknown to most people, however, advances in geological sciences and petroleum technologies have been equally profound and dramatic. Since the 1970s, plate tectonics has been providing a uniform framework for understanding the geology of the Earth's surface (including petroleum formation). Much as X-ray and nuclear magnetic resonance tomography examine structures within the human body non-invasively, three-dimensional seismography now allows potential oil-bearing formations to be evaluated in great detail. Nuclear magnetic resonance probes are used to determine porosity and hydrocarbon content as well as to estimate the permeability of these formations. Petroleum deposits are being brought into production on the continental shelves off Texas, Brazil, and West Africa in water up to 8,000 feet deep--areas that were, until recently, inaccessible. Technological advances like sub-sea terminals, directional drilling, and floating production, storage, and offloading ships have been developed to exploit smaller, previously uneconomic or unreachable deposits. Sophisticated science and technology coupled with unparalleled profitability has provided the foundation for the wide availability of oil.
Yet the same advances in geology and engineering that have provided consumers with seemingly limitless petroleum also allow much better estimates to be made of how much oil may ultimately be recovered. After a five-year collaboration with representatives from the petroleum industry and other U.S. government agencies, the U.S. Geological Survey (USGS) completed a comprehensive study of oil resources. The "USGS World Petroleum Assessment 2000" is the first study to use modern science to estimate ultimate oil resources. [1]
The importance of this assessment is difficult to overstate. Previous world oil resource evaluations have ranged from crude "back-of-the-envelope" calculations to estimates based on proprietary databases, and have often lacked enough detail to allow a comparison between production and estimated reserves. We now have credible, easily accessible long-term production records and science-based resource estimates for all of the important oil producing regions in the world--crucial for understanding how oil production might evolve over time.
The USGS assessment allocates reserves to three separate and distinct categories. The first is "proven reserves," or petroleum that can be produced using current technology. The second category is "undiscovered reserves"--oil deposits that are highly likely to exist based on similar areas already producing oil. The third category is "reserve growth" and represents possible production from extensions of existing fields, application of new technology, and decreased well spacing in existing fields. Oil in this last category can be extracted much less rapidly than oil in the proven and undiscovered categories. (For purposes of determining the approximate year of peak or constant output, the best that can be hoped for is that all proven reserves are produced and all undiscovered reserves are found and produced as rapidly as needed. Petroleum from reserve growth, produced at much lower rates, can be ignored. According to the USGS, it is available only to lengthen the period of peak production or to reduce the decline in a field's output.)
As of January 1, 1996, OPEC's proven and undiscovered reserves amounted to about 853 billion barrels, while similar non-OPEC reserves were 769 billion barrels, according to the USGS assessment. Based on actual production patterns in many non-OPEC oil producers, output can increase until there remains between 10 and 20 years of proven plus undiscovered reserves (as determined by the USGS), at which point a production plateau or decline sets in, depending on the reserve growth that is actually available.
Given that non-OPEC production rates are nearly twice as great as OPEC rates, and assuming stable prices and 2 percent per year market growth, non-OPEC production will reach a maximum sometime between 2010 and 2018 based on resource limitations alone (assuming complete cooperation of producers and that all undiscovered oil is actually found and produced as rapidly as needed). [2] Once this happens, OPEC will control the market completely, and it is unlikely that production will increase much longer.
Yet this simplistic analysis is too optimistic. There is no such thing as "non-OPEC oil," but rather U.S. oil, Norwegian oil, and oil produced by various other countries. In particular, about 39 percent of non-OPEC proven plus undiscovered reserves are located in the former Soviet Union. It is only a matter of time before these countries reach an agreement with OPEC on how to divide the oil market, at which point the current illusion of unlimited oil resources will end, not due to resource constraints but to political factors.
Yet the U.S. public, industrial and political leaders, environmentalists, and policy-makers in general do not believe that they need to be concerned with the finite supply of oil and its unfavorable (from the U.S. perspective) geographic distribution. As noted earlier, the overwhelming majority behaves as if inexpensive oil will be readily available far into the distant future.
This attitude is reflected in U.S. policy toward Iraq. One might expect that a major consequence of the U.S. conquest of Iraq would have been full control of Iraqi oil reserves, reducing or eliminating the ability of OPEC to set prices, and giving the United States a permanent--because oil is forever--overwhelming strategic advantage. It would allow the United States to dictate production rates and lower prices, which would serve two important aims. Reduced prices would reward consumers in the West, buying their support for U.S. policies. It would also deprive oil producers of the revenues with which they could challenge the U.S. domination of the Middle East. Oil prices could be expected to drop to between $15 and $20 per barrel once existing Iraqi fields were refurbished and large new deposits were developed.
However, lower prices would stimulate consumption and decrease the incentive to develop more inaccessible reserves, essentially those of the non-OPEC producers. If non-OPEC producers fail to develop those harder-to-get-at reserves, peak oil production will more likely occur earlier, at the front end of the 2010-2018 forecast. So the very success of the current effort to seize control of the Middle East would doom U.S. imperial ambition to failure within the next 10 years, from an oil supply standpoint.
This scenario is now implausible given the bitter Iraqi resistance to U.S. occupation, and it is not clear when Iraqi production might reach, much less significantly exceed, its pre-invasion level.
To understand what may unfold, given current levels of sabotage and chaos in Iraq, one must examine how the petroleum marketing system has changed over the past year, and in particular the role that OPEC producers have played.
In 2002, Iraqi oil production averaged two million barrels per day. The United States must have understood that an attack might interrupt production, which would in turn cause a large increase in the price of oil. Since this would have a severe negative impact on the world economy, it would further inflame anti-American sentiment throughout the world and even turn U.S. voters against the enterprise. The conclusion: Lost Iraqi production had to be replaced. Thus, an agreement was reached with OPEC to stabilize the markets by increasing production levels as needed.
In March 2003, the Saudi oil minister reassured the International Energy Agency of Saudi Arabia's longstanding policy and practice of supplying the oil markets reliably and promptly, and highlighted the collective responsibility that producing countries have shown in addressing the concerns of world oil markets. This was most likely viewed as a temporary measure, as it was assumed that Iraqi production would be restored and expanded rapidly after the United States took charge.
In addition to the impending interruption of Iraqi production, in early 2003 Venezuelan oil production was far below its OPEC quota due to a conflict between populist president Hugo Chavez and the business community; Nigerian production was also depressed by civil strife.
OPEC rose to the occasion (or, more likely, felt compelled to rise to the occasion, given the huge U.S. military presence in the Persian Gulf in preparation for war) and increased production by about 3.2 million barrels per day--equivalent to the production of the Norwegian North Sea sector--virtually overnight, more than compensating for lost Iraqi, Venezuelan, and Nigerian production.
About 65 percent of the increase came from just two countries, Saudi Arabia and Kuwait; Saudi Arabia alone contributed more than half and probably controls what remains of any spare production capacity.
The critical role that OPEC, in particular Saudi Arabia, plays as the swing producer for the world oil market is clearly evident from this episode, which allows one to quantify the ability of the Saudis to affect the world oil market and the world economy.
The U.S. assault on Iraq has not undermined the power of OPEC and Saudi Arabia. On the contrary, it has if anything enhanced that power. This will not change until Iraqi oil production significantly exceeds its pre-invasion level. Thus, even in the short term, and on the most cynical level, U.S. Iraq policy vis-?-vis oil has been a failure.
Oil supplies are finite and will soon be controlled by a handful of nations; the invasion of Iraq and control of its supplies will do little to change that. One can only hope that an informed electorate and its principled representatives will realize that the facts do matter, and that nature--not military might--will soon dictate the ultimate availability of petroleum.
Alfred Cavallo is an energy consultant based in Princeton, New Jersey.
1. T. Ahlbrandt (project leader), "The USGS World Petroleum Assessment 2000." The assessment is available at www.usgs.gov and on compact disc. A detailed analysis using the assessment appears in Alfred Cavallo, "Predicting the Peak in World Oil Production," Natural Resources Research, 2002, vol. 11, pp. 187-195. Production statistics, based on data from the International Energy Agency, are available in a variety of trade publications, including Oil and Gas Journal, World Oil, and Petroleum Economist.
2. The most popular method used to predict a peak in oil production is in M. King Hubbert's monograph, Energy Resources: A Report to the Committee on Natural Resources, National Academy of Sciences-National Research Council, Publication 1000-D, December 1962. Hubbert noted that resource production often (but not always) could be described by a logistic growth curve, and used oil production records and estimates of proven oil reserves made by the American Petroleum Institute's Committee on Petroleum Reserves to estimate the year of U.S. peak production. Hubbert does not discuss the assumptions implicit in his model, among which are stable markets, excellent profitability, and affordable prices for oil. See also Colin Campbell and J. H. Laherrere, "The End of Cheap Oil," Scientific American, March 1998, pp. 78-83. The Oil and Gas Journal has also recently published a series of articles discussing the future of petroleum and its alternatives. See Bob Williams, "Special Report: Debate Over Peak Oil Issue Boiling Over, With Major Implications For Industry, Society," Oil and Gas Journal, July 14, 2003.
? 2004 Bulletin of the Atomic Scientists
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The Imminence Myth
From the February 16, 2004 issue: What the Bush administration really said about the threat from Iraq.
by Stephen F. Hayes
02/16/2004, Volume 009, Issue 22

THE Milwaukee Journal-Sentinel, my hometown newspaper, unintentionally broke some news on its website last Thursday after Director of Central Intelligence George Tenet defended his agency in a speech at Georgetown University.
"In his first public defense of prewar intelligence, CIA Director George Tenet said today that U.S. analysts never claimed Iraq was an 'imminent threat,' the main argument used by President Bush for going to war."
I followed the debate over the Iraq war closely and wrote about it extensively. Yet somehow I missed what, according to the Journal-Sentinel, was the "main argument" for the war: an "imminent threat" from Iraq.
The Tenet speech got similar treatment in newspapers and on broadcasts throughout the country. But was this line--8 words out of the 5,400 he spoke--really the "gotcha" moment the media would have us believe? Hardly.
Here is what Tenet actually said, speaking of the October 2002 National Intelligence Estimate:
This estimate asked if Iraq had chemical, biological and nuclear weapons and the means to deliver them. We concluded that in some of these categories Iraq had weapons, and that in others where it did not have them, it was trying to develop them.
Let me be clear: Analysts differed on several important aspects of these programs and those debates were spelled out in the estimate.
They never said there was an imminent threat. Rather, they painted an objective assessment for our policy-makers of a brutal dictator who was continuing his efforts to deceive and build programs that might constantly surprise us and threaten our interests. No one told us what to say or how to say it.
With the hundreds of stories over the past year about how CIA analysts were influenced and pressured to adjust their analyses to fit the Bush administration's political agenda, one might think the most important news from this passage was found in the last sentence. This is especially so since Tenet is the fourth person in the past two weeks to reject explicitly the allegations that politicized intelligence came from the CIA. The others: Iraq Survey Group head David Kay; former Deputy Director of Central Intelligence Richard Kerr, the official tapped by Tenet to conduct an in-house CIA review of prewar intelligence; and Senator Pat Roberts, chairman of the Senate Intelligence Committee, a panel that has just completed its own review of prewar intelligence.
"We've interviewed over 200 people, and not one person to date in very tough interviews has indicated any coercion or any intimidation or anything political," says Roberts, whose committee will be distributing its 300 pages of findings next week. "And that was also replicated or agreed to by Dr. Kay, who had 1,400 people under his command."
That conclusion was not terribly important to most journalists covering the speech. Instead, headlines screamed that Tenet's analysts had not concluded Iraq presented an "imminent threat," and the reporting implied that the CIA director's words somehow conflicted with the public case made by the Bush administration.
It's worth dwelling on that for a moment. It should not be terribly surprising or newsworthy even that the CIA never deemed Iraq an imminent threat. If agency analysts had ever concluded that an attack from Iraq was "about to occur" or "impending," to use the dictionary definition of imminent, it's fair to assume that they would have told the president forthwith, rather than holding the information for inclusion in a periodic assessment of threats. And the president would not have taken 18 months to act to protect the nation.
In fact, the case for war was built largely on the opposite assumption: that waiting until Iraq presented an imminent threat was too risky. The president himself made this argument in his 2003 State of the Union address:
Before September the 11th, many in the world believed that Saddam Hussein could be contained. But chemical agents, lethal viruses and shadowy terrorist networks are not easily contained. Imagine those 19 hijackers with other weapons and other plans--this time armed by Saddam Hussein. It would take one vial, one canister, one crate slipped into this country to bring a day of horror like none we have ever known. We will do everything in our power to make sure that that day never comes.
Some have said we must not act until the threat is imminent. Since when have terrorists and tyrants announced their intentions, politely putting us on notice before they strike? If this threat is permitted to fully and suddenly emerge, all actions, all words, and all recriminations would come too late. Trusting in the sanity and restraint of Saddam Hussein is not a strategy, and it is not an option.
It didn't take long for the media to get it wrong. One day after Bush said we must not wait until the threat is imminent, the Los Angeles Times reported on its front page that Bush had promised "new evidence that Saddam Hussein's regime poses an imminent danger to the world." Also, "Bush argued that use of force is not only justified but necessary, and that the threat is not only real but imminent." Exactly backwards.
Is this nitpicking? After all, there were occasions when, under badgering from the media about whether the threat was "imminent," administration spokesmen Ari Fleischer and Dan Bartlett responded affirmatively. And various administration officials described the threat as "grave" or "immediate" or "serious" or "unique" or "gathering." What's the difference? The administration clearly sought to communicate that Saddam Hussein posed a threat we could no longer tolerate.
In doing so, of course, Bush administration officials were considerably less melodramatic than their predecessors in the Clinton administration. Who can forget then-Defense Secretary Bill Cohen's appearance on ABC's "This Week" on November 16, 1997, when he hoisted a 5 lb. bag of sugar onto the interview table. "This amount of anthrax could be spread over a city--let's say the size of Washington. It would destroy at least half the population of that city," Cohen warned dramatically. He then produced a small vial of a substance he likened to VX. "VX is a nerve agent. One drop from this particular thimble as such--one single drop will kill you within a few minutes."
In their prepared speeches, in the National Security Strategy, in media appearances, Bush administration representatives mostly avoided such hype. They did consistently advocate preempting the Iraqi threat--that is, acting before it was imminent. That's precisely what was controversial about their policy.
Senator Ted Kennedy, for one, objected. The day after the 2003 State of the Union address, he introduced a short-lived bill that would have required the administration to show that Iraq posed an imminent threat. It was the administration's willingness to go to war even while conceding that the threat was not imminent that provoked opponents of the war. Inspections could continue, the critics urged, because there was no imminent danger.
But in the present politically charged season, positions have shifted. Many of the same people who criticized the Bush administration before the war for moving against a threat that was not imminent are today blaming the administration for supposedly having claimed that Iraq posed an imminent threat.
There are serious questions to be answered about the prewar intelligence on Iraq's stockpiles of weapons of mass destruction. But, as Tenet noted last week, "you rarely hear a patient, careful or thoughtful discussion of intelligence these days."
Stephen F. Hayes is a staff writer at The Weekly Standard.

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Civil Rights Undermined by Antidiscrimination Laws
Wednesday, February 04, 2004
http://www.foxnews.com/story/0,2933,110482,00.html
By David E. Bernstein
This year marks the 40th anniversary of the enactment of the Civil Rights Act of 1964 (search). The accomplishments of the civil rights movement in achieving a more just and equal society are undoubtedly well worth celebrating.
However, these achievements have not come without costs. In particular, it's worth pausing to consider the growing threat more recent and draconian anti-discrimination laws pose to American civil liberties.
While the civil rights laws of the 1960s were generally sensitive to civil libertarian concerns, contemporary antidiscrimination laws often are not. For example, in deference to freedom of association and privacy considerations, the 1964 Act prohibited discrimination only in public facilities such as restaurants, hotels, and theaters. Newer laws, however, often prohibit discrimination in the membership policies of private organizations ranging from large national organizations like the Boy Scouts of America to small local cat fanciers' clubs.
The framers of the 1964 Act also were sensitive to religious freedom, and wrote into the law a limited but important exemption for religious institutions. Many recently enacted state and local laws, however, contain no religious exemption. Moreover, courts have unnecessarily stretched the definition of "discrimination" to force religious groups and individuals to conform to secular social norms. For example, courts have required conservative Christian schools to retain teachers who become pregnant out of wedlock. The schools' attempts to ensure their teachers are proper religious role models have been interpreted as invidious sex discrimination.
The authors of early federal civil rights legislation also cabined the laws' intrusions on civil liberties by limiting coverage to race, national origin, religion, and, sometimes, sex. In the past two decades, however, the federal government has prohibited discrimination based on family status, age and disability in a variety of contexts. Meanwhile, state and local antidiscrimination laws go even further, covering the obese, the ugly, and the body-pierced, cohabitating unmarried couples, and even (in Minnesota) motorcycle gang members.
In yet another show of concern for civil liberties, Congress exempted landlords from the 1968 Fair Housing Act (search) if they rented four or fewer units and lived on the premises. This "Mrs. Murphy exception" is a reasonable compromise between the goals of antidiscrimination law and privacy concerns. Recently, however, the laws of several jurisdictions have been interpreted to ban discrimination in the selection of roommates. And the Fair Housing Act's ban on discriminatory advertising has been interpreted so broadly that it's almost impossible to convey useful information in a real estate advertisement.
It's illegal, for example, to advertise that a house is in a neighborhood with many churches, lest the advertisement be interpreted as expressing an illicit preference for Christians. For fear of liability, some realtors even avoid using such phrases as master bedroom (either sexist or purportedly evocative of slavery and therefore insulting to African Americans), great view (allegedly expresses preference for the nonblind), and walk-up (supposedly discourages the disabled).
Federal civil rights laws were once intended to ban only actual discrimination. Modern law, however, attempts to ensure that no member of a protected group is subjected to a "hostile work environment," a "hostile educational environment," or even a "hostile public environment." The result has been a wild proliferation of speech and behavior codes throughout the nation's workplaces, universities, and other public spaces. Surely the authors of the 1964 Civil Rights Act never imagined that the law could be used to ban all "sexually suggestive" material from a workplace. But that's exactly what a federal judge did in one of the leading "hostile environment" cases.
Forty years ago, Congress responded to the moral urgency of ending Jim Crow (search) and bringing African Americans and other minorities into the American mainstream by enacting the Civil Rights Act of 1964. Since then, the primary justification for antidiscrimination laws has shifted from this relatively limited goal to an authoritarian agenda aimed at eliminating all forms of supposedly invidious discrimination. Such a goal cannot possibly be achieved-or even pursued-without grave consequences for civil liberties.
Today, we need to accept that attempting to totally eradicate discriminatory attitudes and actions is not feasible if we want to preserve civil liberties. Preserving the liberalism that defines the United States, and the civil liberties that go with it, requires Americans to show a certain level of virtue, including a phlegmatic tolerance of those who intentionally or unintentionally offend and sometimes--when civil liberties are implicated--even of those who blatantly discriminate.
Admittedly, asking Americans to display a measure of fortitude in the face of offense and discrimination is asking for a lot. But in the end, it is a small price to pay for preserving the pluralism, autonomy, and check on government power provided by civil liberties.

David E. Bernstein is a professor of law at George Mason University and the author of "You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws" (Cato Institute, 2003)

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Iraq Raid Yields Cyanide Linked to Al Qaeda
Saturday, February 07, 2004
http://www.foxnews.com/story/0,2933,110749,00.html
WASHINGTON -- U.S. forces in Iraq found seven pounds of cyanide (search) during a raid late last month on a Baghdad house believed connected to an Al Qaeda (search) operative, U.S. officials said.
The cyanide salt was in either one or several small bricks, and U.S. officials said they believe it was to have been used in an attack on U.S. or allied interests. Cyanide is extremely toxic and can be used as a chemical weapon, although it was unclear if the cyanide was in a form that could be used that way easily.
The raid took place on Jan. 23, a defense official said, speaking on condition of anonymity. It was unclear if anyone was captured in the raid. Parts for making bombs also were found in the house, the defense official said.
The house was inhabited by a suspected subordinate of Abu Musab Zarqawi (search), U.S. officials said. Zarqawi is a Jordanian whom CIA officials have described as a senior associate of Usama bin Laden (search).
Zarqawi is believed to have tried to direct Al Qaeda operations inside Iraq, although it is unknown if he is in the country now.
He also is connected with Ansar al-Islam (search), an Islamic extremist group from northern Iraq. He and his followers are believed to have sought cyanide and other chemical weapons for use in attacks in the past, American officials say.
U.S. officials say they have mounting evidence to suggest Zarqawi has had a hand in multiple attacks in Iraq, including those on a mosque in Najaf, the U.N. headquarters in Baghdad and Italy's paramilitary police station in Nasiriyah.
Another alleged Al Qaeda member, Hassan Ghul, detained this year while trying to enter northern Iraq, is believed to have met with Zarqawi to plan attacks against U.S. and coalition forces, said another U.S. official speaking on condition of anonymity.
Now in U.S. custody, Ghul is believed to be cooperating with interrogators. He is known as a facilitator who can move people and money around and is the highest-ranking member of to Al Qaeda have been arrested in Iraq.
The U.S. official said Ghul also is thought to have worked closely with Khalid Shaikh Mohammed, who officials say masterminded the Sept. 11, 2001, attacks.
The official said attacks in Iraq for which Zarqawi is a suspect include a truck bomb in August that hit U.N. headquarters in Baghdad, killing 23 people; a car bomb that exploded outside a mosque in Shiite Muslim holy city of Najaf and killed more than 85; and a suicide truck bombing in November that devastated Italy's paramilitary police headquarters in southern city of Nasiriyah, killing more than 30.
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Musharraf reportedly aware of nuke technology transfers
2004-02-04 / Associated Press /
The father of Pakistan's nuclear program told investigators he gave nuclear weapons technology to other countries with the full knowledge of top army officials, including now-President General Pervez Musharraf, a friend of the scientist said yesterday.
Abdul Qadeer Khan, Pakistan's top nuclear scientist, told the friend he hadn't violated Pakistan's laws by giving "disused centrifuge machines" and other equipment to Iran, North Korea and other countries, the friend told The Associated Press on condition of anonymity.
"Whatever I did, it was in the knowledge of the bosses," Khan's friend quoted him as saying last week. Khan also told the friend that two former military chiefs - General Mirza Aslam Beg and General Jehangir Karamat - and even Musharraf were "aware of everything" he was doing.
"I am also convinced that (Khan) couldn't act unilaterally," the friend said.
Military spokesman Major General Shaukat Sultan denied Musharraf was privy to any transfer of nuclear technology or authorized Khan to do it.
"It is absolutely wrong," Sultan said. Musharraf "was not involved in any such matter," he said. "No such thing has happened since he seized power in 1999."
Musharraf has headed the army since 1998, and before that held a number of top positions in the military.
Khan, who gave Pakistan the Islamic world's first nuclear bomb, was removed Sunday from his post as scientific adviser to the prime minister after he confessed to investigators he had leaked nuclear secrets to other countries.
Khan's admission has shocked many in Pakistan, and raised questions about how Khan could have spread nuclear technology without consent of the military - which has often ruled Pakistan since the country gained independence from Britain in 1947.
The two retired army chiefs, Karamat and Beg, have told investigators they didn't authorize nuclear transfers. Musharraf and other government officials have repeatedly ruled out official involvement in proliferation.
Meanwhile, officials said yesterday that Khan smuggled high-tech centrifuges - used to enrich uranium for nuclear weapons - and other equipment to Iran, Libya, North Korea and Malaysia through an international black market network.
"In some cases, chartered planes were used to smuggle out centrifuge machines and other sophisticated equipment to these countries," a senior government official told AP.
The official, who spoke on condition of anonymity, said two "individuals" from Sri Lanka and Germany operated on behalf of Khan.
"This practice began in the 1980s and continued at least until 1997," the official said.
Pakistan began its probe into allegations of nuclear proliferation in November after Iran and Libya gave information to the U.N. nuclear watchdog.
So far, investigators have questioned two former heads of the army, scientists, engineers and security officials to determine whether they knew about the leak of nuclear technology to other countries.
Authorities are focusing on seven suspects - three scientists including Khan and four former security officials at Khan Research Laboratories, or KRL, a nuclear weapons facility named after Khan.
Investigators told Pakistani journalists Sunday that Khan didn't sell nuclear technology for personal gain.
But two intelligence officials said Tuesday that money was a motivation.
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China ready to open classified diplomatic files
2004-01-21 / Associated Press /
China's secretive communist government says it has declassified thousands of diplomatic documents from the 1940s and 1950s, offering a glimpse into its early years in a move it frames as part of the country's opening to the world.
The first cache of 10,000 items from the Foreign Ministry's diplomatic archives includes telegrams on establishing relations with Moscow after China's 1949 communist revolution, the official Xinhua News Agency reported Monday. It said most come from between 1949 and 1955.
The state-controlled newspaper China Daily cast the decision as "an indication of social progress and the country expanding to the outside world."
"It is not easy to take the first step," said Li Jiasong, the archives' former director-general, quoted by China Daily.
The newly opened files include directives and speeches by then-Premier Zhou Enlai, who also was the country's foreign minister, and documents from international conferences, Xinhua said, citing Zhang Sulin, a ministry archivist.
It wasn't clear how comprehensive the files would be or whether they include material about such sensitive issues as the 1950-53 Korean War, when China fought alongside North Korea against U.S.-led United Nations troops.
Anyone who wants to see them must apply 20 days in advance, the government said. It didn't say how officials would decide what applicants would be allowed to see.


China to open up secret files from politically sensitive 1950s
2004-01-20 / Associated Press /
Offering a rare glimpse into its early years, China's secretive communist government said yesterday it has declassified thousands of diplomatic documents from the 1940s and 1950s.
The first cache of 10,000 items includes telegrams on establishing relations with Moscow following China's 1949 revolution, the official Xinhua News Agency reported. It said most come from 1949-55.
It wasn't clear how comprehensive the files would be or whether they cover such sensitive issues as the 1950-53 Korean War, when China fought alongside North Korea against U.S.-led United Nations troops.
The ministry is opening the files under rules requiring historical records to be opened to the public 30 years after they are compiled, Xinhua said.
"Archives should serve the state interests and the public," Foreign Minister Li Zhaoxing was quoted as saying.
The newly opened files include directives and speeches by then-Premier Zhou Enlai, who also was foreign minister, and documents from international conferences, Xinhua said, citing Zhang Sulin, a ministry archivist.
Anyone who wants to see them must apply 20 days in advance, the report said. It didn't say how officials would decide what applicants would be allowed to see.
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Private property amendment on agenda for PRC legislature
2004-02-05 / Associated Press /
China's nominal legislature will convene March 5 for a session expected to enshrine the notion of private property in the communist nation's constitution.
The government announced the March 5 session of the National People's Congress via the official Xinhua News Agency in a report yesterday that also said the legislature's companion body, the Chinese People's Political Consultative Conference, would convene two days earlier.
The CPPCC is an advisory body that helps the Beijing leadership know what is happening in far-flung regions.
The government typically does not announce the date of the National People's Congress session until a few weeks before it takes place.
The legislature has little real power and largely carries out the directives of the ruling Communist Party, but is an opportunity for delegates from different regions to exchange views - and be feted in the hulking Great Hall of the People, Chinese communism's flagship building.
This year's NPC will be less dramatic than last year's, when President Hu Jintao and Premier Wen Jiabao - both top party officials - were installed in their equivalent government posts as part of a generational leadership change.
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Former BBC man pleads guilty
2004-01-31 / Associated Press /
A former director of BBC Worldwide Ltd. has admitted accepting bribes from two men who helped secure contracts from the broadcaster for the production of toys including those based on the BBC children's program "Teletubbies," officials said yesterday.
Jeffrey Everard Taylor, 42, pleaded guilty on Thursday to accepting 2.65 million Hong Kong dollars (US$339,743) from Daniel Jonathan Berman and Sydney Edels, who acted on behalf of toy suppliers, Hong Kong's Independent Commission Against Corruption said.
Berman, 31, director of supplier Eurasia Management Services Ltd., or EMS, and Edels, 59, director of the Hong Kong-based EMS Asia Ltd., both pleaded guilty to offering Taylor the money, the anti-graft agency said in a statement.
Berman and Edels received payments totaling 6.46 million Hong Kong dollars (US$828,200) from the five toy manufacturers awarded the BBC Worldwide order between July 9, 1999 and Oct. 18, 2001. Part of the money was directed to Taylor, according to the anti-graft agency.
The three defendants, who were remanded in custody pending sentencing on Monday, could each face a maximum penalty of seven years in jail and a fine of 500,000 Hong Kong dollars (US$64,000), it said.
The toy suppliers, which made toys and bags based on characters including those from the "Teletubbies" show, generated the bribes by inflating their invoices, the agency said.The defendants' lawyers did not immediately return calls from The Associated Press.
BBC Worldwide is a wholly owned subsidiary of the BBC.
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Hong Kong politicians accuse government of colluding on reforms
2004-01-16 / Reuters /
Pro-democracy politicians accused the Hong Kong government yesterday of colluding with Beijing to delay and limit any election reforms.
Though capitalist Hong Kong was promised a high degree of autonomy when it was returned to Chinese rule in 1997, many politicians fear the Beijing government will set limits on how far democratic reforms can go.
"You are asking the central government to build a bird cage and once it is built, Hong Kong people will live inside," Lee Cheuk-yan told Chief Secretary Donald Tsang during a meeting of the Legislative Council.
"Where is the high level of autonomy for Hong Kong people?"
The Hong Kong government last week said it would not make a move on constitutional reforms without first consulting Beijing, drawing howls of protests from democracy groups who said it was ignoring the wishes of the people.
The government said it has to clear up legal and technical issues before it can hold public consultations, but opponents say it is stonewalling on growing calls for democratic reforms because they clearly unsettle China's communist leaders.
Tsang told lawmakers that talks will begin with Chinese officials in Beijing on the city's political reforms after the Lunar New Year holidays, which begin on January 22. He did not specify any dates.
Unhappy with their Beijing-backed leader Tung Chee-hwa, most Hong Kong people want direct elections for the chief executive and all their legislators from 2007.
Hong Kong's constitution, which was agreed by Britain and Beijing before the city was handed back to China, allows the possibility of direct elections from that date "if there is a need."
But it does not spell out who determines if reforms are needed, or at what pace, other than to say it should be gradual, which pro-democracy forces interpret to mean that Beijing wants no major changes at all.
Tung said last week his government would hammer out broad principles and legal issues with Beijing before opening the issue for public consultation.
China's leaders fear growing calls for more political self-determination in Hong Kong could spread to the mainland and shake their grip on power.
Tsang promised to seek the views of the community in coming months and convey Hong Kong residents' aspirations for more and quicker democracy to Beijing.
"We will be open and take into account all views. We don't have any preconceived ideas, we want frankness," Tsang said.
"Any views they want me to convey to Beijing, I will gladly do so, we will reflect them to the central government."
But some lawmakers were not convinced.
They slammed the government for seeking what could be exhaustive legal opinions from Beijing which may not settle the only truly important question at hand: Will China agree to give more democracy to Hong Kong?
"If we go through such a process, even your grandchildren will not see universal suffrage," said lawmaker Emily Lau.
Lawmaker Margaret Ng said: "This is not consultation but taking instructions from the central government."
Nearly 100,000 people took to the streets on New Year's Day to press for more democracy and recent public opinion polls show overwhelming support for more voting rights.

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Taiwan ready to send team to PRC over 'spies'
2004-01-19 / Reuters /
China has again called on the United States to oppose any separatist moves by Taiwan, which said yesterday it wanted to send a delegation to the the PRC to meet eight men accused of spying.
"China urged the United States to abide by its promises and continue to oppose any activities of the Taiwan authorities aimed at Taiwan independence," Xinhua news agency quoted Chinese Foreign Ministry spokesman Kong Quan as saying on Saturday.
"China has noticed U.S. President George W. Bush's clear stance of adherence to the one-China policy...opposing any word or activity of the Taiwan authority to change the status quo of Taiwan and the U.S. authority has reiterated this stance several times," Kong said.
China on Saturday accused President Chen Shui-bian (陳水扁) of using a planned referendum alongside elections in March to prepare for a formal declaration of independence.
"This is a one-sided provocation to the peace and stability of the Taiwan Strait, and its essence is to use the referendum to realise Taiwan independence in the future," Xinhua quoted the cabinet's Taiwan Affairs Office as saying.
Chen outlined plans on Friday for the referendum which he said was aimed at preventing China from attacking Taiwan and from unilaterally changing the political status quo.
In Taipei, an official said Taiwan wanted to send a delegation to China to meet eight men locked up after being accused of being spies for the island.
China paraded seven of the men before reporters on Friday in an apparent move to embarrass Chen, but Taiwan says the men are businessmen, not spies.
"We want to negotiate with the Chinese side to allow a group, including lawyers, relatives and members of the Straits Exchange Foundation, to go to China and see the people who are under arrest," said Chen Ming-tong (陳明通), vice chairman of the Mainland Affairs Council, which is Taiwan's top China policymaking body.
The delegation would provide legal assistance to the detainees and try to secure their return, Chen said.
Taiwan's semi-official Straits Exchange Foundation, which handles communications with Beijing in the absence of diplomatic ties, sent a written request to its opposite number - the Association for Relations Across the Taiwan Strait - on Saturday, Chen said.
An estimated one million Taiwan citizens live in China and Taiwan businesses have invested up to US$100 billion in the there since the 1980s.
On a visit to China last week, U.S. General Richard Myers, chairman of the Joint Chiefs of Staff, reaffirmed that the United States was against any change in the status quo with regard to Taiwan, echoing President George W. Bush's line to Premier Wen Jiabao (溫家寶) last month during a meeting in Washington.
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U.S. looks at reopening Iraq-Israel oil pipeline
Pentagon asks Israel about feasibility of reactivating Mosul-Haifa facilities

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Posted: February 7, 2004
12:46 p.m. Eastern
Editor's note: Joseph Farah's G2 Bulletin is an online, subscription intelligence news service from the creator of WorldNetDaily.com - a journalist who has been developing sources around the world for the last 25 years.
? 2004 WorldNetDaily.com
The U.S. has asked Israel to report on the feasibility of pumping oil from the Kirkuk wells to the refineries in Haifa.
G2 Bulletin reported exclusively last April that Prime Minister Ariel Sharon offered to reactivate the old Mosul-Haifa oil pipeline in a move certain to bring sharp reactions in an already tense Middle East. The U.S. request came in a telegram last week from a senior Pentagon official to a top Foreign Ministry official in Jerusalem.
The original pipeline was built by the Iraqi-British oil company in the late 1920s and early 1930s and was among the main targets of the 1936-1939 Arab revolt.
The pipeline carried Iraqi crude oil to the Haifa refineries on the Mediterranean. From there it was shipped to Europe. But the facility was constantly attacked by Arab guerrillas. Most often it was targeted by Sheikh Az-Adin Kassem, who was finally killed in an engagement with British forces.
Kassem is buried in Haifa, and his name was adopted by Hamas as a symbol of heroism. The defense of the pipeline gave birth to the organization of Jewish underground forces which cooperated with the British and formed special night squads led by legendary Bible-carrying British officer Charles Orde Wingate.
A Christian hero of the Israeli military legacy, Wingate was killed in Burma during operations in 1944.
Immediately following the news report of Israel's readiness to cooperate with the U.S., Iraq and Jordan on reactivating the pipeline closed down in 1948, the Az-Adin Kassem Brigades issued a warning that they would never allow the plan to materialize.
Sources in Amman said the Jordanian intelligence agency warned both the Jordanian and the Israeli governments that pro-Iraqi and pro-Palestinian terrorists might focus their hostile attention on the proposal.
Turkey is also reportedly concerned over the Israeli idea.
Turkish experts believe that Israel plans to revive the pipeline, a potential rival to the pipeline linking the oil-rich city of Kirkuk in northern Iraq with the Turkish Mediterranean port of Yumurtalik.
They also say that the Mosul-Haifa pipeline has been closed for 55 years, and it could not be able to meet the world's demand for oil. But it might be activated with a $3 billion investment in a period of five to six months.
If the Iraqi-Israeli pipeline is reactivated, very little will remain for repair, he said, adding that although the pipeline was closed in 1948, its route is very comfortable and its hydraulic projects are ready.
The annual capacity of the Kirkuk-Yumurtalik pipeline is 71 million tons, while the capacity of the Mosul-Haifa pipeline is 5 million tons.
The new pipeline would take oil from the Kirkuk area, where some 40 percent of Iraqi oil is produced, and transport it via Mosul, and then across Jordan to Israel. The U.S. telegram included a request for a cost estimate for repairing the Mosul-Haifa pipeline that was in use prior to 1948. During the War of Independence, the Iraqis stopped the flow of oil to Haifa and the pipeline fell into disrepair over the years.
The National Infrastructure Ministry has recently conducted research indicating that construction of a 42-inch diameter pipeline between Kirkuk and Haifa would cost about $400,000 per kilometer. The old Mosul-Haifa pipeline was only 8 inches in diameter.
Iraq is one of the world's largest oil producers, with the potential of reaching about 2.5 million barrels a day. Oil exports were halted after the Gulf War in 1991 and then were allowed again on a limited basis to finance the import of food and medicines. Iraq is currently exporting several hundred thousand barrels of oil per day.
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U.S. Taxpayers Could Back Iraqi Reds
Posted Feb. 6, 2004
By J. Michael Waller
Published: Tuesday, February 17, 2004

Iraqi Communists take to the streets of Baghdad to celebrate the capture of Saddam Hussein. Effort is afoot to finance them with U.S. tax dollars.
With the Soviet Union gone, who is to take up the communist cause in Iraq? If some in the U.S. relief effort have their way, it will be the American taxpayer. As U.S. officials continue to map out a strategy to help Iraqis build a democratic system, some are urging that the Iraqi Communist Party be made a beneficiary of U.S. aid and assistance programs. Some American operatives in the political reconstruction process even claim to see the communists as the anchor of Iraq's fractious secular political parties and a bulwark against Islamist fundamentalism.
Leading the charge, sources at the U.S. Agency for International Development (USAID) tell Insight, is the National Democratic Institute for International Affairs (NDI), a private, taxpayer-funded group chaired by former secretary of state Madeleine Albright that is chartered to promote democracy abroad. The NDI has won bipartisan praise for its work in the former Soviet bloc and the developing world, but by supporting the Iraqi Communist Party, friends say, the NDI is embarrassing itself and the United States.
The initiative likely will raise the ire of USAID administrator Andrew Natsios, an Army veteran of the Persian Gulf War. Natsios is trying to revamp USAID in an effort to return it to its original purpose as an instrument of national-security policy.
As senior Iraqi communists publicly hinted to their loyalists that they were prepared to use violence against American and Coalition forces and that they were organizing front groups and infiltrating civil organizations across Iraq to gain political power, some American aid workers nonetheless were convinced that the communists are committed to European-style social democracy. "At present, the Iraqi Communist Party (ICP) boasts the most significant organizational structure of the secular parties," NDI Middle East director Leslie Campbell wrote in a January bulletin by the Carnegie Endowment for International Peace. "With dues-paying members and small offices nationwide, the credibility of long opposition to Saddam, and a newly adopted European-style social democratic platform, the ICP could anchor a secular democratic coalition that could rally some former Iraqi National Congress parties and the newly formed or reinvigorated parties of moderate, secular Governing Council members."
The Governing Council, the standing group of leaders of tribal, religious, regional and political groups, is designed to become a transitional government under the Coalition Provisional Authority led by U.S. Ambassador L. Paul Bremer. At first the ICP refused to collaborate, but then Communist Party Secretary General Hamid Majid Mousa was given a seat on the council.
While appearing to cooperate publicly, the ICP Central Committee wrote a letter to its faithful in October 2003 explaining that it would use its position on the Governing Council to wage political warfare from within, to complement its fight from the outside. "Our Party," the letter said, "has regarded the Council as an arena of struggle rather than being a final, fixed and definitive authority.... Our Party can play a more influential role from within this process, to push in the required direction, while struggling, from without, to mobilize the people to effectively ensure that the process develops in the right direction. It is, in this sense, an arena of struggle because diverse forces and sides are influencing the political process both inside and outside the Council."
But NDI seems to treat the Communists as a representative voice of secular Iraqis. The group issued an on-site assessment report in July 2003 that stated, "When asked if the military or the Coalition Provisional Authority (CPA) should withdraw from Iraq, most people expressed a sentiment similar to the one we heard from a former secretary general of the Iraqi Communist Party, 'If the CPA were to withdraw from Iraq, there would be a civil war and democrats would have no chance.'"
That isn't what the party has been telling its cadres at home and its comrades abroad. On April 10, 2003, the day after U.S. and Coalition forces toppled Saddam Hussein, the ICP issued a statement denouncing the Americans, de-manding "an immediate halt to the war" and "ending U.S. unilateralism." Mousa told the radical Italian paper Il Manifesto in June, "If the U.S. wants stability for the country, then it should accept our solution."
"And if they don't agree," asked the Il Manifesto questioner, "would you then be ready to fight?" Mousa avoided the question, replying, "We are now acting in a legitimate and peaceful way."
For now. But the party reserved the right to fight the Americans. On July 9, Iran's Communist Tudeh Party journal Tareeq Al-Shaab ran an interview with "Comrade Salam Ali," a member of the ICP Central Committee, who assailed the Americans as "occupiers" who were denying the Iraqi people their sovereignty. Ali appeared to threaten the liberators: "Failing to respond to the just demands of the people can only intensify sentiments of anger and resistance against U.S.-British occupation." Another senior ICP official, Raid Fahmi, made a similar veiled threat in an interview with the Communist Party USA weekly paper: "We are for a speedy end to the occupation and the creation of an Iraqi provisional government. It should arrange for the transfer of power from the occupying power and prepare the withdrawal of troops. Of course if the Americans don't respond, each party could resort to other forms of struggle."
Although U.S. officials say the ICP has been behaving responsibly, they add that the Communists would be foolish to do otherwise. For the first time in its 70-year history, the ICP is able to operate freely throughout Iraq without fear of persecution. Well-organized, well-trained, and supported from abroad, the party maintained networks of clandestine front organizations inside Saddam Hussein's Iraq and abroad. It was the first to publish a regular newspaper after the U.S. liberation, even as the Coalition was struggling to establish a credible daily of its own. For now, the ICP is content to pursue the nonviolent road. In its October letter to members and followers, the ICP Central Committee explained, "Resisting occupation is not limited to employing violent means in struggle, but rather includes various forms of peaceful political struggle." Ironically, the ICP owes its survival to American and British forces. "In the '90s the party reconstituted itself in Iraqi Kurdistan and after the Gulf War in 1991 the Party worked publicly there" under the protection of the U.S./U.K.-enforced northern no-fly zone, Raid Fahmi told the People's Daily World. "We had our own headquarters, publications, several radio stations and a television station," and an Arabic-language newspaper as well. The overthrow of the Hussein regime brought new opportunities too.
Since April, Fahmi said, "The Party has reorganized. We had a large number of comrades abroad. We were present in practically every European country and everyone was doing an enormous job. We had an underground structure that was working in Baghdad and southern Iraq. So when the regime collapsed, the Party was able to be on the ground very rapidly. Because we [were] already publishing our paper in Kurdistan, we could rapidly get it to Baghdad. We are now starting radio broadcasts from Baghdad."
That organization has allowed the ICP to infiltrate new political and social institutions, including human-rights groups, and provoke them to take and maintain an anti-U.S. position while benefiting from U.S. protections. "A lot of effort has been put into rebuilding the democratic and trade-union movement," the ICP's "Comrade Ali" told the Iranian Communist Tudeh Party. "Women, youth and student organizations have emerged in the open, after long decades of clandestine work."
A senior Pentagon official says the Coalition Provisional Authority and USAID lack the means to screen the ICP, Islamist agents and other troublemakers from receiving taxpayer funds. "It's pretty hard to screen them out when people in the middle USAID machinery want to bring them in," he said.
The ICP and its front groups set about undermining U.S. and British leadership. According to Comrade Ali, "Workers are flexing their muscles, setting up their national trade unions and protesting the rampant unemployment. The first dem-onstration against violations of workers' rights by a U.S. multinational company took place last month in Basra and was organized by the Workers Democratic Trade Union Movement." That movement is a front of the ICP, according to the People's Daily World.
Reaching out beyond its own membership, the ICP has set up "local Political Coordinating Committees which encompass various political organizations, to help with mobilizing the people, representing their interests and articulating their demands," says Comrade Ali. The coordinating committees are working against - not with - the Coalition, he told his Iranian counterparts: "There is an ongoing political battle on the ground, in all major cities, with the occupation authorities that are trying to usurp the people's legitimate right to elect their own representatives to bodies of local government." That said, skeptics within USAID are wondering how their colleagues can justify financing the ICP.
Shaping Iraq's secular culture also is high on the ICP agenda. "The party is also helping with efforts to revive and support various cultural activities, sponsoring theatre, art and folk groups, especially young talents," according to Comrade Ali. "In the current circumstances, under the existing climate of freedom, the Iraqi political forces, including our Party, are in almost unanimous agreement that violent means are not the most appropriate and effective," the party Central Committee said in its October letter, "as long as peaceful means have not been exhausted."
The Iraqi Communist Party says it is depending on the international antiwar movement - the same movement that tried to save Saddam Hussein - to protest for the U.S. and the Coalition to get out of Iraq. Says Comrade Ali, "Active solidarity by peace movements all over the world is therefore of great importance."

J. Michael Waller is a senior writer for Insight.

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SPIEGEL ONLINE - 07. Februar 2004, 17:46
URL: http://www.spiegel.de/politik/deutschland/0,1518,285429,00.html
Sicherheitskonferenz

Rumsfelds emotionaler Tadel
Aus M?nchen berichtet Severin Weiland
Auf der Sicherheitskonferenz in M?nchen hat US-Verteidigungsminister Donald Rumsfeld nichts zur?ckzunehmen. Im Gegenteil. Er verteidigt den Krieg gegen den Irak und r?ffelt die Berichterstattung der Medien. Manche Schreiber h?tten die Koalition der Willigen mit Saddam Husseins Regime gleichgesetzt.
DDP
Rumsfeld in M?nchen: Der Verteidigungsminister wollte nicht klein beigeben
M?nchen - Donald Rumsfeld hat diese Geschichte schon einmal erz?hlt, zuletzt bei seinem Besuch in S?dkorea im vergangenen Jahr. Ein amerikanischer Journalist kennt sie. "Nothing new", sagt der Mann von der Nachrichtenagentur Reuters. Doch hier in M?nchen, wo die Frage, warum sich Deutschland nicht an einer milit?rischen Stabilisierung des Irak beteiligt, insgeheim in der Luft liegt, bekommt die Geschichte eine ganz besondere Bedeutung.
Pl?tzlich, mitten in seinen Ausf?hrungen, spricht der US-Verteidigungsminister von jener jungen s?dkoreanischen Journalistin, die ihn bei seinem Besuch auf der Halbinsel fragte, warum S?dkoreas Truppen um die halbe Welt reisen m?ssten, um ausgerechnet im Irak stationiert zu werden.
Korea ist weit weg, aber es hat auch etwas mit Deutschland zu tun. Als die Amerikaner Westdeutschland vor den Russen sch?tzten, gaben in den 50er Jahren Zehntausende von US-Soldaten f?r den nichtkommunistischen S?den Koreas ihr Leben. Das sagt Rumsfeld nat?rlich nicht. Er erz?hlt nur die Geschichte S?dkoreas und vom Namen eines Football-Sportlers seiner High-School-Mannschaft, der auf dem Mahnmal in S?dkorea steht. Am letzten Tag dieses Krieges sei er gestorben, sagt der US-Minister in den Saal hinein.
Seine Stimme schwankt mit einem Mal. Dann hat er sich wieder in der Gewalt und man wei? nicht so recht, ob das nun eine Geschichte f?r das heimische Fernsehpublikum war oder sich Rumsfeld wie einst Helmut Kohl von den Emotionen hat mitrei?en lassen.
Die Distanz bleibt
Auf jeden Fall zeigt das Beispiel, wie sehr ein Teil der Europ?er und der Amerikaner aneinander vorbeireden, hier in M?nchen. Denn Rumsfelds s?dkoreanische Episode ist im Kern eine Geschichte von Solidarit?t, von Beistand und nat?rlich auch von der Entt?uschung eines Amerikaners f?r das Unverst?ndnis, das ihm entgegengebracht wird.
In M?nchen versuchen die Beteiligten nach vorne zu blicken. Die Spannungen der Vergangenheit, die kaum ein Jahr alt sind, bleiben dennoch unterschwellig pr?sent. Der deutsche Au?enminister Joschka Fischer macht noch einmal klar, dass sich die Bundesregierung im Falle des Irak "durch den Gang der Ereignisse in ihrer damaligen Haltung best?tigt" sieht. Verteidigungsminister Peter Struck betont, dass Multilateralismus kein "l?stiges Beiwerk oder Zugest?ndnis an kleinere Partner" sei, dass auch Amerika nicht ohne starke Partner auskommen k?nne.
Fischer hat auch seine Zweifel an einem Nato-Einsatz deutlich gemacht. Deutschland werde keine Truppen entsenden. Er hat aber auch angek?ndigt, dass es im Falle eines Nato-Einsatzes keine Blockade der Deutschen geben wird. Rumsfeld kann also einen Punktsieg verbuchen, auch wenn ein formeller Beschluss zu einem Irak-Einsatz erst im Juni in Istanbul auf dem Nato-Gipfel zu erwarten ist.
Fischer hat in M?nchen eine neue Nahost-Initiative vorgelegt, ein breiter Ansatz, der die USA und die Europ?er aneinander binden soll. EU und Nato, so will es Fischer, sollen eine Schl?sselrolle im Friedensprozess spielen. Das ist ein gewagter Ansatz. Einer, der wie viele andere in Nahost im Papierkorb enden k?nnte.
AP
Struck und Fischer: Starkes Europa liegt in US-Interesse
Rumsfeld nimmt Fischers Vorschlag nur indirekt auf. Im Juni, wenn sich die Nato zum Gipfel in Istanbul trifft, sollte die Ausweitung des Mittelmeer-Dialogs "oben auf der Tagesordnung stehen", sagt der Amerikaner. Mehr nicht.
Was den Sinn des Krieges angeht, weicht Rumsfeld keinen Millimeter. 25 Millionen Menschen im Irak, weitere 25 Millionen in Afghanistan seien befreit worden. Rumsfeld ist sich seiner Sache sicher. Wenn die Saat der Freiheit im Nahen Osten aufgegangen sei, werde sie sich ausbreiten, sagt er. Er verweist auf das Beispiel Japans und Deutschlands nach dem Ende des Zweiten Weltkrieges. Rumsfeld, das ist erkennbar, will wie Fischer und Struck keine Schlacht der Vergangenheit schlagen. So vergisst er nicht zu erw?hnen, dass Japan Truppen in den Irak, Deutschland nach Afghanistan entsandt hat.
Aber er will auch nicht klein beigeben vor jenen, die den Krieg nach wie vor f?r falsch halten und sich durch die bis jetzt nicht aufgefundenen Massenvernichtungswaffen in ihrem Zweifel an dem eigentlichen Kriegsgrund best?tigt sehen.
Und so bringt er das Beispiel Libyens auf, das k?rzlich Inspektionen zugestimmt hat. Rumsfeld stellt eine These auf. "Wenn der Irak den Schritt getan h?tte, den Libyen geht, dann h?tte es keinen Krieg gegeben." Er wei? nat?rlich, dass die Welt in den letzten Wochen dar?ber geredet hat, dass die F?hrung in Tripolis wohl nicht so nachgiebig geworden w?re, wenn nicht der Krieg im Irak gewesen w?re. So ist auch diese Rumsfeld-These eine, die zu seinen Gunsten ausf?llt.
Die Nato vom Mars aus gesehen
Rumsfeld hat in der Sache nichts zur?ckzunehmen. Er verteidigt die Strategie des pr?vemptiven Krieges. Diese habe es schon immer gegeben, sie sei nichts Neues. Auch die Situation der Nato will er nicht in einem schlechten Licht sehen. Daf?r hat er einen typischen Rumsfeld-Vergleich parat: Jeder Affe auf dem Mars, der auf die Erde blicke, w?rde sehen, dass die Mitglieder der Nato die gleichen Interessen und Werte vertrete. Er sei jetzt 71 Jahre alt und habe manches Auf- und Ab in der Allianz schon erlebt. Das sei schon fast "ein Muster", sagt er.
Rumsfeld hat in M?nchen nichts gesagt, was er nicht schon an anderer Stelle gesagt h?tte. Nur eines ist deutlicher geworden: Wie sehr die Entt?uschung noch nachwirkt, dass mit Deutschland einer der engsten Verb?ndeten im vergangenen Jahr von der Fahne ging.
REUTERS
US-Soldaten im Irak: Schockierende Gleichsetzung
Als ihn der deutsche Botschafter in Washington, Wolfgang Ischinger, fragt, ob nicht das derzeit in vielen Telen der Welt schlechte Ansehen der USA eine Hypothek f?r den Vermittlungsprozess im Nahen Osten sei, sagt er: "Das ist eine harte Frage."
Und dann holt er aus zu einem Exkurs. Der f?hrt ihn zu den arabischen Fernsehsendern, schlie?lich auch zur Presseberichterstattung in Deutschland. Da seien Artikel geschrieben worden, die den Eindruck erweckt h?tten, es sei eigentlich gleichg?ltig, wer im Irak gewinnen sollte. Diese Gleichsetzung sei "schockierend" gewesen, sagt Rumsfeld, "wirklich best?rzend."

? SPIEGEL ONLINE 2004
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* Portfolio : la carri?re d'Alain Jupp?


UMP : le d?part pr?vu de M. Jupp? entrouvre la voie ? M. Sarkozy
LE MONDE | 07.02.04 | 14h01
Le parti r?unit ? Paris, dimanche 8 f?vrier, son congr?s pour lancer la campagne des ?lections r?gionales. Peu disert sur la condamnation du maire de Bordeaux, le ministre de l'int?rieur entend s'y investir et montrer qu'il est indispensable ? la formation chiraquienne et au gouvernement.
L'image a tout juste quatorze mois et elle semble d?j? jaunie. Flanqu? de Jean-Claude Gaudin et de Philippe Douste-Blazy, Alain Jupp? vient d'?tre ?lu ? la pr?sidence de l'Union pour un mouvement populaire (UMP) avec pr?s de 75 % des suffrages.
Il triomphe. C'?tait le 17 novembre 2002, au Bourget (Seine-Saint-Denis), lors du premier congr?s de l'UMP. Pr?s de 20 000 militants applaudissaient ? tout rompre. Dimanche 8 f?vrier, 10 000 d?l?gu?s, les m?mes pour la plupart, se retrouvent, porte de Versailles, ? Paris, pour le deuxi?me congr?s du parti chiraquien. Officiellement, ils valideront les listes de leurs candidats aux ?lections r?gionales des 21 et 28 mars. Rituellement, ils feront un nouveau triomphe ? leur pr?sident, apr?s sa condamnation par le tribunal de Nanterre dans l'affaire du financement du RPR. Mais, avec neuf mois d'avance sur le calendrier, la succession de M. Jupp? hantera tous les esprits.
"GENTIL, GENTIL"
Car c'est lui qui, ? sa fa?on, a ouvert la course ? sa succession en annon?ant, mardi 3 f?vrier, sur TF1, qu'il faut "un nouveau pr?sident ? l'UMP" et qu'il entend "pr?parer un vote tout ? fait serein". Il pr?cise les r?gles de ce "passage de t?moin", le 6 f?vrier, dans un entretien ? Sud-Ouest. "Je n'ai pas ? d?signer mon successeur. Il va y avoir des ?lections, elles seront libres et transparentes, elles l'ont ?t? la premi?re fois."
Pour l'heure, aucun candidat ne s'est encore d?clar?, mais un nom revient dans toutes les conversations : Nicolas Sarkozy. Entre le 30 janvier, date du jugement de M. Jupp?, et le 3 f?vrier, o? il a annonc? qu'il conservait ses mandats et la pr?sidence de l'UMP jusqu'en novembre 2004, le ministre de l'int?rieur est rest? en retrait. L'?pisode du printemps 1997 est s?rement revenu ? la m?moire de M. Sarkozy : apr?s la dissolution de l'Assembl?e nationale et l'?chec retentissant de la droite aux ?lections l?gislatives de juin, M. Jupp? avait, pour la premi?re fois, manifest? des vell?it?s de d?part. "Jamais je n'ai pens? qu'il se retirerait d?finitivement", affirme le ministre de l'int?rieur.
Depuis le commencement de cette crise au sein de l'UMP, M. Sarkozy - qui ne devait pas prendre la parole dimanche - n'a qu'un souci : montrer qu'il est indispensable. Tant au parti, o? rien ne peut se jouer sans lui, qu'au gouvernement, et donc ? Jean-Pierre Raffarin, qui mesure ? quel point la popularit? de son ministre de l'int?rieur rejaillit sur sa propre action ? la t?te du gouvernement. "L'UMP est sensible au fait que M. Raffarin est un bon chef et que M. Sarkozy est le moteur de cette popularit? ? l'int?rieur du parti", r?sume un d?put? chiraquien.
Pour l'heure, M. Sarkozy observe, non sans plaisir, cette situation. "Je n'ai qu'une ambition, tout faire pour participer ? la victoire de mon camp aux ?lections de mars", rel?ve-t-il, avec une modestie inhabituelle. Pour les semaines ? venir, M. Sarkozy a noirci les pages de son agenda de r?unions publiques. R?clam? dans la plupart des r?gions par les t?tes de listes UMP, il r?pondra ? un maximum d'invitations, ? commencer par celle de Xavier Darcos, t?te de liste en Aquitaine, sur les terres de M. Jupp?.
Le num?ro deux du gouvernement est convaincu d'une chose : se porter en premi?re ligne dans la bataille ?lectorale ne peut que lui profiter. Un ministre lui recommande d'ailleurs d'adopter, dans les mois qui viennent, un comportement "gentil, gentil". "Si M. Sarkozy veut prendre l'UMP, personne ne pourra l'en emp?cher. Pas m?me le premier ministre", ajoute-t-il.
SOLUTION N?GOCI?E
Dans le contexte politique actuel, la majorit? des responsables de la droite partage cette analyse. M?me les plus farouches adversaires du ministre de l'int?rieur l'admettent : "Sarkozy a les moyens de prendre le parti s'il le d?cide." Les adh?rents ?lisant le pr?sident du parti au suffrage direct, sa victoire ne souffre gu?re de doutes aux yeux de la plupart de ses dirigeants. Aussi plusieurs voix commencent ? se faire entendre en faveur d'une solution n?goci?e pour l'?lection ? la pr?sidence du parti. "Je ne crois pas ? la possibilit? de passer en force pour imposer le successeur d'Alain Jupp?, explique un dirigeant de l'UMP, proche du maire de Bordeaux. Je sais que certains en ont la tentation contre Sarkozy, mais ce serait une erreur fatale qui nous ferait perdre l'?lection pr?sidentielle de 2007."
Reste le r?le d?volu ? M. Raffarin. Le r?sultat des ?lections r?gionales permettra de mesurer, pour partie, le niveau de sa cr?dibilit? au sein de la droite. Durant les quatre journ?es qui ont secou? l'UMP, il n'avait pas dissimul? qu'en tant que chef de la majorit? il ?tait pr?t ? prendre le relais en cas de retrait imm?diat de M. Jupp?.
Le maire de Bordeaux ayant choisi d'"organiser" un repli progressif, les conditions de la passation de pouvoir ont chang?. "Il ne pourra se pr?senter que s'il signe un accord politique avec Sarkozy. Un conflit entre le num?ro un et le num?ro deux du gouvernement n'est pas concevable", note un ministre. "M. Raffarin ne peut y aller que s'il est s?r de gagner. Perdre contre Sarkozy serait catastrophique pour lui", insiste-t-il.
Le 29 janvier, ? la veille de la condamnation de M. Jupp?, les deux hommes ont d?n? ensemble, avec leurs ?pouses, ? Angoul?me. Ont-ils, ce soir-l?, scell? une alliance en vue de cette ?ch?ance ?
Yves Bordenave

* ARTICLE PARU DANS L'EDITION DU 08.02.04
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Ce qu'Alain Jupp? d?clarait sur les affaires, la justice et les "p?ch?s" du PS avant sa condamnation
LE MONDE | 07.02.04 | 14h01
"Le seul souverain est le peuple (...). Qu'en est-il des juges, d?s lors qu'ils constituent ? leur tour un "pouvoir"", d?clarait-il dans un livre d'entretiens publi? en 2001.
Depuis le milieu des ann?es 1980, Alain Jupp? a fait, ? plusieurs reprises, des d?clarations sur la moralisation de la vie politique, les affaires et le r?le des juges. Le Monde en donne de larges extraits.
Le financement des partis : "Je regrette que nous ayons tard? ? mettre en place un cadre l?gal.
"
"Faut-il faire payer par les contribuables les campagnes des partis politiques ? J'?tais moi-m?me pour un syst?me lib?ral parce que la r?glementation ne me semblait pas mettre ? l'abri des combines. Personnellement, je reconnais que j'ai ?volu? sur ces questions-l?." (Lib?ration, 6 novembre 1987)
"On a atteint un bon ?quilibre dans le domaine du financement des partis politiques. La suppression des dons des personnes morales -aux partis- est une fausse bonne id?e parce que c'est le retour ? un encouragement de la corruption." (Grand Jury RTL-Le Monde, 9 octobre 1994)
"C'est ? partir de 1988 qu'on a commenc? ? s'attaquer au probl?me. On a b?ti petit ? petit un cadre qui est devenu plus strict. Je me suis trouv? aux responsabilit?s durant cette p?riode-l?. Qu'ai-je fait ? J'ai naturellement demand? aux gestionnaires du RPR de se mettre en conformit? avec les lois successives. Si j'ai eu un tort, c'est sans doute d'avoir abord? ce dossier de mani?re trop g?n?rale et de ne pas l'avoir r?gl? imm?diatement. (...) On n'en sentait pas l'urgence comme on la ressent aujourd'hui ! L'interdiction totale du financement des partis politiques par les entreprises priv?es date de 1995. Avant 1995, une entreprise pouvait contribuer au fonctionnement d'un parti politique. Ces contributions ont pu prendre des formes diverses que l'on pensait, ? tort, admises (...)
Le financement des syndicats : "des centaines de fonctionnaires travaillent pour les syndicats"
"Je regrette que la soci?t? fran?aise ait tard? collectivement ? s'interroger sur le co?t de fonctionnement de la d?mocratie et que nous ayons tard? ? mettre en place ce cadre l?gal. Les Fran?ais savent que ces pratiques ?taient un fait g?n?ralis?es. La mise ? disposition de personnes par une administration ou une collectivit? ?tait tr?s r?pandue. Il y a plusieurs centaines de fonctionnaires qui sont pay?s par leur administration d'origine et qui travaillent, en fait, dans des syndicats ou des associations priv?es." (Le Point, 26 septembre 1998). M. Jupp? a repris ces critiques, le 3 f?vrier, sur TF1.
"En 1995, on a ?t?, ? mon sens, trop loin en interdisant totalement les dons des entreprises." (Entre quatre z'yeux, entretien avec Serge July, Grasset, 2001)
Le partage des responsabilit?s avec Jacques Chirac : "C'est moi qui suis en cause."
"La justice n'est pas une affaire de sentiment. Quand on a ?t? le patron - passez-moi l'expression -, il faut assumer ses responsabilit?s." (Le Figaro, 26 ao?t 1998)
"Avant tout, je souhaite rappeler qu'il s'agit d'un probl?me de financement et de fonctionnement d'un parti. Il ne s'agit en aucun cas d'une affaire personnelle". (Le Figaro, 26 ao?t 1998)
"Il s'agit d'un probl?me de r?mun?ration du personnel et d'emplois dits fictifs. J'esp?re que cela sera trait? avec un certain sens de la relativit?." (Le Figaro, 26 ao?t 1998)
"Quant au fond, j'ai assum? mes responsabilit?s au RPR ? une p?riode, je l'ai dit, qui a ?t? une p?riode de transition. On est pass? d'un ?ge ? un autre." (Le Point, 26 septembre 1998)
"C'est moi qui suis en cause. J'assume mes responsabilit?s de secr?taire g?n?ral de 1988 ? 1995, puis comme pr?sident de 1995 ? 1997. Vous me permettrez de ne pas faire de proc?s d'intention aux juges." (Le Figaro, ao?t 1998).
Les hommes politiques face ? la justice : "Je ne suis pas un adepte de la th?orie du complot."
"Je me suis fix? une r?gle que je crois n'avoir jamais enfreint, c'est de ne pas commenter les d?cisions de justice. (...) C'est un fondement de la d?mocratie. (...) Ce n'est pas au premier ministre de commenter des d?cisions de justice. Si je le faisais, je crois que j'enfreindrais un principe d?mocratique fondamental. J'ajoute que cette s?r?nit? de la justice doit aussi r?gner ? l'int?rieur de l'institution judiciaire." (TF1, 17 mars 1996).
"Il faut convaincre nos concitoyens que la justice est ?gale pour tous et que le pouvoir n'intervient pas dans les affaires sensibles." (Le Figaro, 23 mai 1997)
"Je ne m'y attendais pas -? la mise en examen dans l'affaire du financement du RPR-. D'autant que les chefs retenus sont durs. Tr?s durs. Les termes employ?s frappent au c?ur et ? l'esprit." (Le Figaro du 26 ao?t 1998).
"La justice a son temps propre. Je me pr?pare ? une longue ?preuve." (Le Point, 26 septembre 1998)
"Je ne suis pas un adepte de la th?orie du complot -des juges-. Je respecte les institutions de mon pays. Je souhaite que la justice se fasse dans la s?r?nit?." (Le Figaro, 26 ao?t 1998)
"La premi?re chose qui me choque, c'est la pression m?diatique qui s'exerce sur les hommes politiques pour qu'ils abandonnent leur charge au moment o? il sont mis en examen, voire avant m?me qu'ils le soient. Depuis qu'Edouard Balladur a formul? et appliqu? la r?gle de la d?mission imm?diate de tout ministre en examen, on a m?me donn? aux juges d'instruction le pouvoir de faire et de d?faire les gouvernements !" (Entre quatre z'yeux, entretien avec Serge July, Grasset, 2001)
"Le seul souverain est le peuple ; c'est donc le suffrage universel, direct ou indirect, qui conf?re la l?gitimit? d?mocratique (...) Qu'en est-il des juges d?s lors qu'ils constituent ? leur tour un -pouvoir'' (...) et qu'ils prennent leurs d?cisions -au nom du peuple fran?ais'' ?" (Entre quatre z'yeux, entretien avec Serge July, Grasset, 2001)
L'amnistie : "L?gif?rer pour apurer le pass?, les Fran?ais y sont-ils pr?ts ?"
"Il ne faut pas abuser des amnisties. Mais je ne suis pas pr?sident de la R?publique." (Lib?ration du 5 mai 1995).
"Faut-il l?gif?rer pour pr?ciser encore les r?gles en vigueur, pourquoi pas ? Par exemple, la question du statut de l'?lu. L?gif?rer pour apurer le pass?, les Fran?ais y sont-ils pr?ts ?" (Le Point, 26 septembre 1998).
L'affaire de l'appartement parisien : "Je reste droit dans mes bottes."
En juillet 1995, Alain Jupp? s'?tait expliqu? dans le "20 heures" de TF1, sur son appartement parisien dont le loyer ?tait jug? inf?rieur ? ceux du march? : " Je n'ai rien cach?, il n'y a eu aucune irr?gularit?, aucune entorse, je paie un loyer normal pour le type d'immeuble que j'habite (...) -Je suis- " profond?ment bless? par tout cela. -...- J'ai fait de l'int?grit? dans ma vie politique une r?gle de tous les jours, ainsi que dans ma vie personnelle. (...) Je ne me laisserai pas impressionner par toutes les campagnes qui vont continuer (...) Je reste droit dans mes bottes. -Je refuse- les le?ons de morale de professeurs de vertu qui feraient bien de balayer devant leur porte. (...) Si elle estime qu'il y a mati?re, que la justice fasse son travail ! Croyez bien que personne ne contrarierait son action, et je m'y engage personnellement. (...) Il y a un procureur, qu'il instruise sa plainte. " En janvier 1996, le tribunal administratif de Paris n'avait pas autoris? de poursuites contre M. Jupp?.
Les affaires et la gauche : "Le PS a p?ch? de mani?re industrielle."
"[ Nous avons ] la gauche la plus pourrie au monde." (Le "Grand jury RTL-Le Monde", 22 janvier 1989 )
"Ce n'est pas moi qui vais pr?tendre que seul le PS a p?ch?, mais il a p?ch? de mani?re industrielle." (Europe 1, 21 avril 1991)

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M. Schwartzenberg veut poursuivre les ministres
Roger-G?rard Schwartzenberg, d?put? (app. PS) du Val-de-Marne, a ?crit, samedi 7 f?vrier, au garde des sceaux pour lui demander d'engager des poursuites contre les ministres qui, en commentant le jugement d'Alain Jupp?, "ont enfreint l'article 434-25 du code p?nal". Cet article dit que "le fait de chercher ? jeter le discr?dit publiquement sur un acte ou une d?cision juridictionnelle dans des contidions de nature ? porter atteinte ? l'autorit? de la justice est puni de 6 mois d'emprisonnement". Pour le d?put?, "la loi doit ?tre respect?e par les citoyens en g?n?ral et les ministres en particulier", et ceux qui ont critiqu? la d?cision dans l'exercice de leurs fonctions devraient m?me relever de la Cour de justice de la R?publique.

* ARTICLE PARU DANS L'EDITION DU 08.02.04
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Pour l'Elys?e, le probl?me de la succession "ne se pose pas" aujourd'hui
LE MONDE | 07.02.04 | 12h14
L'ump , parti du pr?sident ? "Oui, je pense bien !", s'exclame un proche conseiller de Jacques Chirac, tout en nuan?ant aussit?t ce cri du c?ur : " C'est le parti de la majorit? qui soutient l'action du pr?sident et du gouvernement.
" Alors que le deuxi?me congr?s de la grande formation de droite se tient, dimanche 8 f?vrier, ? Paris, l'Elys?e a bien l'intention que l'UMP continue ? jouer ce r?le, m?me si Alain Jupp? a annonc? qu'il en quitterait la pr?sidence en novembre.
Premier souci de M. Chirac, ?teindre la guerre de succession qui s'annonce, pr?figurant celle qui se jouera pour la pr?sidentielle de 2007. " Le probl?me ne se pose pas, puisqu'Alain reste jusqu'en novembre, veut croire l'un des plus proches conseillers du pr?sident de la R?publique. Il se poserait s'il avait pris une autre position." C'est-?-dire si M. Jupp? avait imm?diatement abandonn? la pr?sidence de l'UMP. C'est d'ailleurs la premi?re fonction que M. Jupp? a laiss? tomber. Mais il est l? jusqu'en novembre, " ce qui laisse plus de six mois pour r?gler le probl?me. ?a se pr?cisera apr?s les vacances d'?t?", estime-t-on ? l'Elys?e. Que les candidats suppos?s ou r?els se le tiennent pour dit : " Personne n'est en mesure de r?gler le probl?me aujourd'hui." Autrement dit, le bal des pr?tendants a beaucoup agac? " alors qu'il y a d?j? tellement de probl?mes ? r?gler avant". Notamment passer le cap des ?lections r?gionales et europ?ennes en mars et juin. A l'Elys?e, on compte beaucoup sur M. Jupp? pour ?tre ? la barre du parti ? ce moment-l?.
M. Chirac a toujours franchi une ?tape apr?s l'autre. Cette r?gle est d'autant plus sage qu'il y a d?sormais, dans le jeu, une inconnue nomm?e Jupp?. "Les choses ne sont pas aussi tranch?es qu'on veut le dire. Jacques Chirac l'a conseill?, oui, mais il y a des situations ?volutives", admet un vieux conseiller du pr?sident. M. Jupp? esquisse d?sormais une strat?gie de d?fense bien diff?rente de celle qu'il avait adopt?e lors du proc?s sur le financement du RPR, en octobre 2003. Certains de ses amis pensent qu'il aurait tout int?r?t ? arriver en appel d?gag? de ses mandats ?lectifs - maire de Bordeaux, voire d?put? de la Gironde - pour montrer au juge qu'il ferait amende honorable. " C'est une jurisprudence non ?crite. Les tribunaux sont plus indulgents quand la personne a quitt? ses mandats", assure l'un d'entre eux.
Sur France Bleu Gironde, vendredi, le pr?sident de l'UMP a d'ailleurs laiss? entendre qu'il pourrait quitter, selon un calendrier qu'il n'a pas pr?cis?, la mairie de Bordeaux. " Mais ce n'est pas ce qu'il a dit mardi soir ? la t?l?vision", s'?tonne un conseiller et ami de Chirac. "Si vous vous appliquez ? vous-m?me et par avance la peine d'in?ligibilit?, ce n'est m?me pas la peine de faire appel, s'insurge-t-il. On ne s'inflige pas une peine qu'on conteste."
Quoi qu'il en soit, M. Jupp? a promis de garder la maison UMP jusqu'en novembre. " Je maintiendrai la coh?sion", a-t-il dit sur France Bleu Gironde. Ce parti est " loyal", estime un cacique de l'ex-RPR : "Jusqu'au jour o? il pensera que Chirac est d?pass? et qu'il faut passer ? autre chose."

B?atrice Gurrey

* ARTICLE PARU DANS L'EDITION DU 08.02.04
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Les autres pr?tendants possibles ? la pr?sidence de la formation chiraquienne
LE MONDE | 07.02.04 | 14h01
Jean-Louis Debr?
Pr?sident de l'Assembl?e nationale, 59 ans
Ecart? du gouvernement Raffarin, il a gagn? en autonomie et en visibilit? depuis qu'il s'est install? au perchoir de l'Assembl?e, contre la volont? de l'Elys?e, qui souhaitait r?server le poste ? Alain Jupp?.
Ses critiques ? l'?gard de M. Raffarin - qu'il soup?onne de lorgner l'Elys?e - en font le chef de file d'un front antilib?ral qui pourrait un jour devenir un courant au sein de l'UMP. Cette gu?rilla contre le premier ministre, qu'il a r?cemment trait? de "boutiquier", lui vaut davantage de sympathie ? gauche que dans son propre camp.
Mich?le Alliot-Marie
Ministre de la d?fense, ancienne pr?sidente du RPR, 57 ans
C'est la derni?re pr?sidente du RPR, dont elle n'a jamais accept? la disparition, en septembre 2002. Elue en 1999, au suffrage direct des militants, elle s'?tait impos?e contre le candidat de l'Elys?e, Jean-Paul Delevoye, ce qui lui a valu un brevet d'ind?pendance ? l'?gard du chef de l'Etat et la sympathie de la base. Ses proches sont persuad?s qu'elle seule est ? m?me de contrer une offensive de Nicolas Sarkozy sur l'UMP. "Je -le- pourrais, reconna?t-elle, mais je n'en ai pas envie." Une mani?re d'avouer qu'elle y songe.
Philippe Douste-Blazy
Secr?taire g?n?ral de l'UMP, 51 ans
L'ancien pr?sident du groupe UDF de l'Assembl?e nationale (1997-2002) a ?t? l'un des principaux organisateurs de l'UMP au c?t? d'Alain Jupp?. D?s 2001, il pr?nait le ralliement des centristes ? la cause de Jacques Chirac. Elu au poste de num?ro trois du nouveau parti chiraquien en novembre 2002, il a, depuis, multipli? les visites dans les f?d?rations du parti, nourrissant l'espoir de se tisser un r?seau de partisans. Le retrait annonc? de M. Jupp? r?veille en lui des ambitions qu'il tente vainement de dissimuler.
Fran?ois Fillon
Ministre des affaires sociales, du travail et de la solidarit?, 49 ans
Le ministre des affaires sociales a r?ussi ? faire oublier qu'il fut un proche de Philippe S?guin pour devenir un soutien de Jacques Chirac. Fort de son succ?s sur le dossier des retraites, M. Fillon a conquis une certaine notori?t? et renforc? son poids au sein de l'UMP. Pourtant, il n'est jamais all? au bout de ses ambitions, ?chouant dans la conqu?te de la pr?sidence du RPR en 1999, et renon?ant ? constituer un courant sur la base de son club, France.9. S'il souhaite contrer M. Sarkozy, il devra ?largir la base des ses soutiens.
Herv? Gaymard
Ministre de l'agriculture, 43 ans
Ce pur chiraquien n'a gu?re de mal ? faire avancer ses dossiers aupr?s du pr?sident de la R?publique, qui a mis la ruralit? au programme de sa campagne de 2002. Fid?le et discret, M. Gaymard est l'un des quadrag?naires sur lesquels M. Chirac compte pour renouveler le personnel politique. Il a ?t? l'un des promoteurs de la cr?ation de l'UMP et figure parmi les proches de Jacques et Bernadette Chirac. Sa femme, Clara, est la fille du professeur Lejeune, d?couvreur du g?ne de la trisomie 21 et militant contre l'avortement, un ami du couple Chirac.
Dominique Perben
Ministre de la justice, garde des sceaux, 58 ans
C'est le plus proche d'Alain Jupp? parmi les pr?tendants ? sa succession. Aux avant-postes de la cr?ation du parti chiraquien au sein du club Dialogue et initiative, il pourrait ?tre le garant d'une succession en douceur. Ancien secr?taire g?n?ral adjoint du RPR (1990-1993), il sait faire fonctionner un parti sans avoir le charisme du chef. Alors qu'il s'est engag? dans la conqu?te de Lyon aux municipales de 2007, la pr?sidence du parti chiraquien pourrait s'av?rer un handicap dans une ville r?put?e centriste.
* ARTICLE PARU DANS L'EDITION DU 08.02.04

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