Monday, May 4, 2009

Iraq insists on US leaving cities by June 30

By ROBERT H. REID, Associated Press Writer Robert H. Reid, Associated Press Writer 35 mins ago

BAGHDAD – Iraq's government Monday ruled out allowing U.S. combat troops to remain in Iraqi cities after the June 30 deadline for their withdrawal, despite concern that Iraqi forces cannot cope with the security challenge following a resurgence of bombings in recent weeks.

Asking U.S. forces to stay in the cities, including volatile Mosul in the north, would be embarrassing for Iraq's prime minister, who has staked his political future on claims that the country has turned the corner in the war against Sunni and Shiite extremists.

The departure of heavily armed combat troops from bases inside the cities is important psychologically to many Iraqis, who are eager to regain control of their country after six years of war and U.S. military occupation.

U.S. officials played down the Iraqi decision, with Pentagon spokesman Bryan Whitman saying it's up to the Iraqi government to request an extension of the U.S. presence in the cities and "we intend to fully abide by" terms of the security agreement.

The chairman of the Joint Chiefs of Staff, Adm. Mike Mullen, told reporters Monday that violence had not risen to a level that would force a change in the withdrawal schedule.

Last month, however, the top U.S. commander in Iraq, Gen. Raymond Odierno, said he was worried that Iraqi forces won't be ready to assume full responsibility for Mosul by the end of June.

Privately, some U.S. officers fear the Iraqis may lose control of Mosul within a few months after American forces pull out of Iraq's third largest city, where al-Qaida and other Sunni militants remain active.

The U.S.-Iraq security agreement that took effect this year calls for American combat troops to leave urban areas by the end of June, with all U.S. forces out of the country by the end of 2011.

But a series of high-profile bombings has raised questions whether Iraqi forces can assume more security responsibilities, especially in Mosul.

Nationwide, at least 451 people were killed in political violence last month, compared with 335 in March, 288 in February and 242 in January, according to an Associated Press tally.

Even in Baghdad, where violence is down sharply from levels of two years ago, attacks are continuing.

On Monday, two car bombs exploded almost simultaneously near the Oil Ministry and a police academy, killing at least three people and wounding eight.

Although those casualties were relatively low, the attack was significant because it occurred in a sensitive, well-guarded area in the heart of the Iraqi capital.

The security agreement allows Prime Minister Nouri al-Maliki to request an extension of the deadlines if he feels Iraqi forces need help. But the prime minister's spokesman said the withdrawal deadlines, including the June 30 date, were "non-extendable."

"These dates cannot be extended and this is consistent with the transfer and handover of responsibility to Iraqi security forces," spokesman Ali al-Dabbagh said in a statement.

However, many key Iraqi politicians, including the newly elected leadership in Mosul, oppose keeping U.S. combat troops in urban areas after the June deadline.

Al-Maliki, a Shiite, needs the support of the Sunni leadership in Mosul as he prepares for national elections by the end of the year.

The new governor of the Mosul area told the AP on Monday that the departure of U.S. troops from the city will actually reduce violence, since much of it is directed at the Americans.

"A U.S. withdrawal will reduce the number of targets," Gov. Atheel al-Nujaifi said. "We believe it's important for U.S. troops to stay in camps outside the cities to provide help only if needed."

The requirement to leave the cities applies only to combat troops and not to trainers, advisers and others in noncombat roles. The agreement does not preclude combat soldiers from patrolling in Baghdad, Mosul and other cities from bases outside the city limits.

But prominent Shiite lawmaker Abbas al-Bayati said extending the June 30 deadline would "send the wrong signal to the Iraqi people" that the Americans might remain in the country indefinitely.

"Thus both sides must stand together to fulfill the withdrawal timetable," he said.

U.S. combat troops largely pulled out of many cities in 2005 and 2006 but returned a year later as part of the U.S. troop surge that was designed to protect civilians from Shiite and Sunni extremists living in their neighborhoods.

This time, U.S. and Iraqi officials are gambling that Iraqi security forces are better trained and equipped to prevent the return of extremists than they were years ago.

Extending the deadline would also call into question al-Maliki's claim that his government has set the country on the road to stability — despite the occasional spike in violence.

On Monday, al-Maliki told an audience in Paris that he would not allow Iraq to be used as a "base for any terrorist organization" and that the country was ready for foreign investment.

Nevertheless, U.S. officials believe security in Iraq remains fragile because the various religious and ethnic groups have still not agreed on power-sharing arrangements necessary for long-term stability.

___

Associated Press Writers Mazin Yahya in Baghdad and Qassim Abdul-Zahra and Jenny Barchfield in Paris contributed to this report.

http://news.yahoo.com/s/ap/20090504/ap_on_re_mi_ea/ml_iraq/print

Friday, April 17, 2009

The Latest Absurdity in the Fight to Conserve Water: Making Rainwater Harvesting Illegal

By Yee Huang , Center for Progressive Reform
Posted on April 13, 2009, Printed on April 17, 2009
http://www.alternet.org/story/136477/

A recent article in the Los Angeles Times described the latest absurdity in the never-ending search to quench the thirst for water: ownership of rainwater and, more precisely, the illegality of rainwater harvesting. Residents and communities in parts of Colorado are turning to this ancient practice of collecting and storing rain to fulfill their domestic water needs, including flushing toilets and watering lawns. Using this “grey” water, as it is called, relieves pressure on water resources and can be extremely efficient.

Many long-time water users, however, object to the practice.

These so-called water buffaloes argue that people who collect rainwater are taking away from their water by collecting the water before it has a chance to flow into a river from which they obtain water. Effectively, they argue, the rainwater belongs to them – they own the rain that falls from the sky as part of their water allocation, even though 97 percent of the rainfall that falls on soil does not reach a river. The bad news? The law in Colorado stands behind those water buffaloes.

Like most states west of the one-hundredth meridian, Colorado follows the doctrine of prior appropriation to allocate water. For all water uses that are non-domestic, a person must have a water right. Water rights are assigned a priority date, which is the date that the water use was initiated.

Under prior appropriation, these senior water users – many of whom have rights dating back to the 1800’s – have priority in times of water shortages based on the date of their initiation. Their water allocation is fulfilled before any junior users, who are often left with a nominal amount of water. People who harvest rainwater are “interfering” with the priority system by jumping ahead of all the senior users, who have the first right to use the water.

This dogmatic adherence to temporal priority blocks efforts to acquire water rights for newer or more efficient uses, such as in-stream conservation and recreation. These uses, initiated relatively recently, will always be subordinate to older, more consumptive uses.

Ownership of water has always been a tenuous proposition. Water and water rights linger on the perimeter of traditional property rights, eluding the solid “property” categorization of items like land or salad bowls. Individual water molecules cannot be marked or identified, and water is in constant motion, swirling below, above, and around the earth in the global hydrologic cycle. More significantly, water is survival for the vast array of living creatures on this planet, so privatizing the world’s most precious liquid would necessarily create a divide between haves and have-nots.

Whether or not water is definitively property has great legal implications for constitutional and civil claims, and courts have not given clear or consistent guidance. If, for example, water is considered a property right and the government required reduced water delivery to irrigators under the Endangered Species Act, those irrigators might have a valid claim for compensation under a Fifth Amendment takings claim. CPR Member Scholar Dan Tarlock blogged about this specific issue here. Categorizing water as a private property right also facilitates the commodification of water, which often ignores the common public interest in water quantity, quality, and viability.

Many water rights are colored by the public trust doctrine, which holds that certain natural resources cannot be privately owned and instead must be held in trust by the government for the use and benefit of the public. This doctrine, an inherent component of a water right, tends to support the argument that water is not a matter of private property. As inexpensive supplies of water dwindle, how water is viewed as a private property will become increasingly important to water allocation and priorities.

In other parts of the West, states are exploring the idea of rainwater harvesting. Santa Fe, New Mexico, became the first city to require by ordinance rainwater harvesting on all new residential or commercial structures of a certain size. Tucson, Arizona, became the first city to require rainwater harvesting to provide 50 percent of landscape-irrigation needs. Even Colorado has reconsidered its position, recently passing a bill that permits extremely limited instances of rainwater harvesting. It remains illegal for most individual residents to harvest rainwater.

Given an increase in population and per capita consumption, coupled with water needs to restore and maintain aquatic ecosystems, perhaps those water buffaloes need to lower their horns and let other creatures sip from the limited watering holes in the West.

Yee Huang, J.D., L.L.M, joined the Center for Progressive Reform as a Policy Analyst in December 2008. Her public interest experience includes internships with the Department of State in Vienna, Austria, and Windhoek, Namibia.
© 2009 Center for Progressive Reform All rights reserved.
View this story online at: http://www.alternet.org/story/136477/

Thursday, April 2, 2009

Jury: Colorado school wrongly fired professor

By IVAN MORENO, Associated Press Writer Ivan Moreno, Associated Press Writer 46 mins ago

DENVER – A jury ruled Thursday that the University of Colorado wrongly fired the professor who compared some Sept. 11 victims to a Nazi, a verdict that gives the professor $1 and a chance to get his job back. "What was asked for and what was delivered was justice," Ward Churchill said outside the courtroom.

Then-Gov. Bill Owens was among the officials who had called on the university to fire Churchill after his essay touched off a national firestorm, but the tenured professor of ethnic studies was ultimately terminated on charges of research misconduct.

Churchill said claims including plagiarism were just a cover and that he never would have been fired if it weren't for the essay in which he called World Trade Center victims "little Eichmanns," a reference to Adolf Eichmann, a Nazi leader who helped orchestrate the Holocaust. Jurors agreed.

When the verdict was read, Churchill hugged his attorney, David Lane, and his wife, Natsu Saito.

"I can't tell you how significant this is," Lane said. "There are few defining moments that give the First Amendment this kind of light."

A judge will decide whether Churchill gets his job back. Lane said a reinstatement motion would be filed within 30 days and a hearing would likely be scheduled in June.

"What's next for me? Reinstatement, of course," Churchill said. "That's what I asked for. I didn't ask for money."

University spokesman Ken McConnellogue said the university will review its options before deciding whether to appeal.

"(The verdict) doesn't change the fact that more than 20 of his faculty peers found that he engaged in plagiarism and other academic misconduct," McConnellogue said.

He said the jury's $1 damage award sends a message about the merits of Churchill's civil claims.

Lane said the university will also be liable for hundreds of thousands of dollars in Churchill's legal bills.

Churchill's essay was written in 2001 but attracted little attention until 2005, when critics publicized it after Churchill was invited to speak at Hamilton College in upstate New York.

Churchill testified last week that he didn't mean his comments to be hurtful to Sept. 11 victims. He said he was arguing that "if you make it a practice of killing other people's babies for personal gain ... eventually they're going to give you a taste of the same thing."

Betsy Hoffman, who was president of the university at the time, had testified that Owens pressured her to fire Churchill and said he would "unleash my plan" when she told him she couldn't.

In his testimony, Owens denied threatening the university.

University officials concluded that Churchill couldn't be fired over the essay because of his First Amendment rights, but they launched an investigation of his academic research.

That investigation, which didn't include the Sept. 11 essay, concluded he had plagiarized, fabricated evidence and committed other misconduct. He was fired on those allegations in 2007.

The university has maintained that the firing was justified.

http://news.yahoo.com/s/ap/20090403/ap_on_re_us/embattled_professor_lawsuit

8 Ways to Join the Local Food Movement

By Sarah van Gelder, YES! Magazine
Posted on April 1, 2009, Printed on April 2, 2009
http://www.alternet.org/story/134329/

1. From Lawn to Lunch

To convert your sunny lawn to a lunch box, remove turf in long, 18-inch strips. Cut the edges of each strip with a sharp-bladed edging tool. While one partner rolls up the grass like a jellyroll, another slices through grass roots with the edging tool. Remove about an inch of rooty soil with the top growth. When the roll gets heavy, slice it off and load it in a wheelbarrow.

To compost the strips, layer green sides together, then brown sides together, ending brown-side-up. Cover the stack with soil and mulch (straw, chopped leaves, or shredded bark) and let stand for 10-12 months.

Make beds 10 to 20 feet long and six to eight feet wide (so you can reach the center from each side). Mulch three to four-foot wide paths between beds (grass left in the path will infiltrate your beds) to accommodate a wheelbarrow. Now fork over the soil strips and remove as many roots as possible. Aerate beds with a garden fork, sinking it as evenly and deeply as possible.

Spread on two or three inches of compost, then set plants about six inches apart, in staggered rows. Top with a mulch containing corn gluten, a high-nitrogen protein that prevents weed seeds from germinating.

-- Ann Lovejoy is author of Ann Lovejoy's Organic Garden Design School (A Rodale Organic Gardening Book, 2004) and many other books.

www.YesMagazine.org/lawn
Look who wants to TransFarm the White House lawn…

2. Eat Your Vegetables

Some 18 percent of greenhouse gas emissions are caused by meat production. The USDA attributes 14 percent of all deaths in the U.S. to poor diets and/or sedentary lifestyles. You can improve your health and the health of the planet by following food columnist Michael Pollan's simple rule: "Eat food. Not too much. Mostly plants."

3. Party with Your Preserves

Ten quarts of pumpkin puree in the pantry, and not a jar of tomato sauce left? Throw a canning swap party. Here are some tips and recommendations from foodroutes.org:

Plan ahead.
Gauge interest with your friends early on. Then remind them throughout the planting, growing, and harvesting season to set aside extras for canning and swapping.

Don't be afraid to grow a lot of something.
If you're a budding salsa artist, plant that extra row of tomatoes. Or if you see a good deal on a box of local pears -- get them.

Try new recipes on your swappers.
Bust out that crazy 5-alarm salsa verde recipe you've always been scared to try. Make sure to can extra so you can pop a jar open for samples.

Be aware of what constitutes a "fair" trade.
This is simple. You're all friends and canners who know how time-consuming canning can be. Be open and ask what your neighbor feels comfortable receiving in exchange for one jar of Grandma Edie's apricot chutney.

Think outside the Ball Jar.
Not everything at the canning swap party has to be pressure-canned or boiled in a hot water bath. Dried items, homemade baked goods, candies, and homebrewed beer are all eligible. You'll be amazed by what can be preserved from the season's bounty.

4. Glean Those Fields Clean

A lot of perfectly good food is left to rot in farm fields and under fruit and nut trees. With a bit of work, you can gather a group to "glean" this free food, providing fresh, nutritious food to your community.

To glean in your area, talk to farmers, gardeners, and orchard owners. Explain your purpose, share a copy of federal "Good Samaritan" law, which protects them from liability, and ask for written permission to glean.

Recruit gleaners. Family, friends, students, and members of your faith community are potential volunteers. You can also put a notice on craigslist, bulletin boards, at farmers markets, or in the local paper.

Contact food banks, shelters, and other facilities to check on their needs, and to arrange delivery times.

On gleaning day, bring collection baskets and buckets, snacks, water, and other necessities that will ensure a successful expedition.

As the day ends, gather your freshly harvested food, thank the landowner, distribute something to each gleaner, and leave the land in better condition than you found it.

-- Kim Nochi

Source: University of Maine Cooperative Extension

5. Shop Outside of Supermarkets

It's easy to see, taste, and feel the benefit of locally produced food, but for many of us it's a hassle to locate alternative food sources. Local foods are not nearly as well-advertised or visible as chain supermarket foods, so even those who want to give locally harvested food a try may not know where to get it. Here are some ways you can find local food sources in your area.

Get the lay of the land; consider what types of agriculture are natural to your environment. Does your area have a history of blueberry farming or cod fishing? Are there traditional foods that have been neglected in the fast-food age?

Talk to old timers, ask around at farmers markets, look for road-side food stands and U-pick places. Watch for hand-painted signs. You may find a wide variety of freshly harvested foods and get to know new communities and regional traditions at the same time.

Visit localharvest.org, sustainabletable.org, and eatwellguide.org to find sources of affordable and environmentally friendly food.

-- Heather Purser

6. Start a Community Garden

Start by calling a meeting (or better yet, a potluck) to decide what kind of garden you want, what locations might work, and how to manage plots.

Identify possible sites. Look for land that gets plenty of sunlight, has a water source, is convenient to get to, and is free of soil contamination. You could consider combining back yards if several neighbors are involved.

Identify the owner of the land and negotiate a lease long enough to make it worth building the soil and the community involvement. Invite immediate neighbors to join.

Test the soil for nutrient levels and contaminants. Clean the site, mark plots with gardeners' names, and, if possible, include on-site storage for tools and equipment. Also designate a spot for compost.

When the first planting season comes around, consider hiring someone to turn the earth, or throw a work party to build raised beds.

Meet now and then with your fellow gardeners to swap seeds and seedlings, advice, and produce, and to resolve any difficulties. Have potlucks to enjoy the harvest.

For more ideas, including sample bylaws and insurance policies, go to communitygarden.org

7. Plant a Row for the Hungry

As unemployment rises, more people are wondering how they will put food on their table. How can you boost food security at home …

* Skip the so-called convenience foods; processed foods almost always cost more for what you get.

* Form a buying club to get healthy food in bulk at discount prices.

* Grow your own -- start a community garden, or transform your lawn or parking strip (see #1 and #6).

* Buy in season, or harvest and preserve it yourself.

* Study (and/or teach) the art of cooking and preserving tasty, nutritious food on a budget.

… and in your community:

* Contribute something from every shopping trip to local food banks.

* Glean (see #4 above).

* Plant a row for the hungry and donate the produce to a shelter, day care center, neighbor, or food bank.

* Start a food bank out of a faith center or community center if there are no similar programs nearby (see www.yesmagazine.org/pantry).

8. Share Your Table

The best antidote to fast-food culture is as simple as your table. Invite friends and a few strangers to a local-foods potluck. In good weather, eat outside. Share an evening of conversation and enjoy the good life.


www.YesMagazine.org/sundaydinner
Meet Jim Haynes, the man who invites the world to dinner.

Sarah van Gelder, Anne Lovejoy, Kim Nochi, and Heather Purser wrote pieces for this article as part of Food for Everyone, the Spring 2009 issue of YES! Magazine. Sarah is the Executive Editor of YES! Magazine.

© 2009 YES! Magazine All rights reserved.
View this story online at: http://www.alternet.org/story/134329/

Sunday, March 29, 2009

States Rebellion Pending

Thursday, March 26, 2009
By Walter E. Williams

Our Colonial ancestors petitioned and pleaded with King George III to get his boot off their necks. He ignored their pleas, and in 1776, they rightfully declared unilateral independence and went to war.

Today it’s the same story except Congress is the one usurping the rights of the people and the states, making King George’s actions look mild in comparison. Our constitutional ignorance—perhaps contempt, coupled with the fact that we’ve become a nation of wimps, sissies and supplicants—has made us easy prey for Washington’s tyrannical forces. But that might be changing a bit. There are rumblings of a long overdue re-emergence of Americans’ characteristic spirit of rebellion.

Eight state legislatures have introduced resolutions declaring state sovereignty under the Ninth and 10th amendments to the U.S. Constitution; they include Arizona, Hawaii, Montana, Michigan, Missouri, New Hampshire, Oklahoma and Washington. There’s speculation that they will be joined by Alaska, Alabama, Arkansas, California, Colorado, Georgia, Idaho, Indiana, Kansas, Nevada, Maine and Pennsylvania.

You might ask, “Isn’t the 10th Amendment that no-good states’ rights amendment that Dixie governors, such as George Wallace and Orval Faubus, used to thwart school desegregation and black civil rights?” That’s the kind of constitutional disrespect and ignorance that big-government proponents, whether they’re liberals or conservatives, want you to have. The reason is that they want Washington to have total control over our lives. The Founders tried to limit that power with the 10th Amendment, which reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

New Hampshire’s 10th Amendment resolution typifies others and, in part, reads: “That the several States composing the United States of America, are not united on the principle of unlimited submission to their General (federal) Government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes, delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force.” Put simply, these 10th Amendment resolutions insist that the states and their people are the masters and that Congress and the White House are the servants.

Put yet another way, Washington is a creature of the states, not the other way around.

Congress and the White House will laugh off these state resolutions. State legislatures must take measures that put some teeth into their 10th Amendment resolutions. Congress will simply threaten a state, for example, with a cutoff of highway construction funds if it doesn’t obey a congressional mandate, such as those that require seat belt laws or that lower the legal blood-alcohol level to .08 for drivers. States might take a lead explored by Colorado.

In 1994, the Colorado Legislature passed a 10th Amendment resolution and later introduced a bill titled “State Sovereignty Act.” Had the State Sovereignty Act passed both houses of the legislature, it would have required all people liable for any federal tax that’s a component of the highway users fund, such as a gasoline tax, to remit those taxes directly to the Colorado Department of Revenue. The money would have been deposited in an escrow account called the “Federal Tax Fund” and remitted monthly to the IRS, along with a list of payees and respective amounts paid.

If Congress imposed sanctions on Colorado for failure to obey an unconstitutional mandate and penalized the state by withholding funds due, say $5 million for highway construction, the State Sovereignty Act would have prohibited the state treasurer from remitting any funds in the escrow account to the IRS. Instead, Colorado would have imposed a $5 million surcharge on the Federal Tax Fund account to continue the highway construction.

The eight state legislatures that have enacted 10th Amendment resolutions deserve our praise, but their next step is to give them teeth.

http://www.cnsnews.com/public/content/article.aspx?RsrcID=45680

Thursday, March 26, 2009

Commander confirms Netanyahu war plans

Mon, 23 Mar 2009 13:36:18 GMT

The last Israeli aggression against the Gaza Strip claimed the lives of at least 1,350 Palestinians.

Israel is preparing for all-out war on multiple fronts that include Iran, Syria and Lebanon, a senior military commander claims.

Israeli army Home Front Command Major General Yair Golan said Sunday that Tel Aviv is preparing for "all possible scenarios", indicating that one such scenario would be to fight a simultaneous war against Iran, Syria and Lebanon.

The confirmation comes as US President Barack Obama seeks "new beginnings" with its arch-rival Iran. The US offer has been met with world praise but with fury in Tel Aviv.

Israeli media outlets late on Sunday began propagating wild scenarios that Iran is using the Lebanese Hezbollah to recruit Palestinian fighters to carry out terror attacks on Israel.

Citing anonymous sources, the reports began to surface after Tel Aviv countered an alleged bombing attempt outside a shopping mall in the northern city of Haifa.

"We are treating the attempted attack in Haifa with great gravity. A huge disaster was prevented by a miracle," Israeli Prime Minister Ehud Olmert told a weekly cabinet meeting after the bomb was defused on Sunday.

Israel has long accused Iran of arming Hezbollah and Palestinian groups via Syria, in an attempt to demonize the two Muslim countries.

Tel Aviv also accuses Tehran of developing nuclear weaponry -- a charge denied by the UN nuclear watchdog.

At a conference held in Tel Aviv, Golan also confirmed the likeliness of Israel staging another military confrontation against Hamas in the Gaza Strip.

Although Israel does not consider rocket attacks from Gaza as a serious threat, there is the possibility of "dangerous" missile attacks by other countries, he said.

He failed to elaborate how such missile attacks would relate to Gaza.

His remarks came as reports claim that the soon-to-be Israeli Prime Minister Benjamin Netanyahu has plans for "a major military conflict in the coming months."

The commander also revealed that Tel Aviv will install new warning systems across Israel in preparation for its war plans.

The last Israeli-waged war on the Gaza Strip, which began on December 27, killed at least 1,350 Palestinians and wounded more than 5,450 others in the densely-populated sliver.

The aggression was the last in a series of operations carried out by the Israeli forces against the natives of the land since occupying Palestine in 1948.

SB/AA/MD

http://www.presstv.ir/detail.aspx?id=89413§ionid=351020202

IMF director warns of war

25 March 2009

Dominique Strauss-Kahn, managing director of the International Monetary Fund, warned on Monday that the global economic situation is "dire" and could lead to social upheaval and war. The statement is the latest in a series of worried pronouncements from leading international figures in the financial and political establishment.

The IMF is projecting a 1 percent decline in the global economy this year, which Strauss-Kahn noted would be "the first setback of the world economy in over 50 years." The IMF chief was speaking before a meeting of the International Labour Organization (ILO) in Geneva, Switzerland.

The economic crisis, Strauss-Kahn said, would affect "dramatically unemployment for many countries. It will be at the roots of social unrest, some threats to democracy and maybe for some cases, it can also end in war."

Without citing specific countries, Strauss-Kahn also warned of regions of the world where "the financial collapse risk does exist."

The implications of the economic collapse for working people internationally are still in their initial stages. The ILO predicted in January that up to 50 million jobs would be eliminated throughout the world in 2009. This is likely an underestimation, as the economic crisis has sharply accelerated over the past several months.

Strauss-Kahn's position is one of concern over the prospect of mass opposition to the policies of the ruling elite as the economic situation deteriorates. He pleaded for the capitalist powers to implement policies that would prevent the crisis from "becoming a wasteland of unemployment." The major architects of the capitalist system over the past several decades are keenly aware that they have created an economic catastrophe that threatens social upheaval.

While Strauss-Kahn did not specify what he meant by the danger of war, his remarks came in the midst of hardening conflicts between the major powers over economic policy in the run-up to the G-20 summit meeting of major economies in London next month.

On Tuesday, German President and former IMF chief Hörst Koehler echoed some of Straus-Kahn's concerns and urged the countries participating in the G-20 summit to come up with a common plan for restructuring the world financial order. "I stand by my suggestion of organising a Bretton Woods II under the auspices of the United Nations to push forward a fundamental reform of the international economic and financial system," Koehler said. He warned that the outcome is a "test for democracy as a whole. Many citizens are unsettled. The coming months will be very tough."

In the back of the minds of many heads of state and figures such as Strauss-Kahn is no doubt the last time world leaders gathered in London to discuss a financial crisis. At the 1933 London conference, the major powers failed to come up with any coordinated agreement to respond to the Great Depression. The breakdown of the conference accelerated protectionist and beggar-thy-neighbor policies, which intensified the slump and exacerbated national antagonisms, culminating in the eruption of World War II.

As in 1933, world leaders are today proclaiming the need for international coordination, even as they fiercely defend the national interests of their respective financial and corporate elites.

In a column published in many world newspapers on Tuesday, US President Barack Obama asserted that "the leaders of the Group of 20 have a responsibility to take bold, comprehensive and coordinated action that not only jump-starts recovery, but also launches a new era of economic engagement to prevent a crisis like this from ever happening again."

The US continues to insist that European countries implement expanded stimulus packages, while Europe—particularly France and Germany—are insisting that the summit focus on new international financial regulations. While making vague reference to new regulations, Obama wrote that the efforts of the major powers "must begin with swift action to stimulate growth" and that fiscal stimulus "should be robust and sustained until demand is restored."

French Prime Minister Francois Fillon argued on Monday that France had already committed sufficient resources to stimulus and that it was necessary to "avoid creating a bubble of public debt." The major European powers have opposed further stimulus packages, in part over concern over inflation and the stability of the euro.

Whatever Obama's talk of "coordinated action," the US is implementing a policy that approaches the financial equivalent of preemptive war. The government has committed trillions of dollars to bail out Wall Street and US banks. Capitalizing on the still privileged position of the US dollar, the American ruling class is intent on funding these bailouts through the sale of massive volumes of debt on world markets, sucking up available financing and making it more difficult and expensive for other countries to get funding for their own programs.

The United States has initiated a policy of printing vast quantities of money—in part to finance the very debt that it is creating to bail out its banks. This potentially inflationary policy has generated an extremely nervous reaction from other powers, most noticeably China, which has over $1 trillion in dollar-denominated assets. These assets would plunge in value in the event of a major decline in the value of the dollar.

The head of the Chinese central bank argued on Monday for a new international currency to replace the dollar as the world reserve currency. On Tuesday, Li Xiangyang of the government-backed Chinese Academy of Social Sciences called the Fed's new policy of purchasing US Treasuries "irresponsible." He said that China would likely ask for "specific measures" on the part of the US to ensure the value of Chinese holdings.

Behind these policy differences are competing interests. The financial stakes are considerable. Tens of trillions of dollars in paper wealth have been destroyed on world markets since the crisis began. The combined wealth of the world's billionaires has declined by almost a half. How will these losses be allocated?

Whatever the hopes of Strauss-Kahn and Koehler for a more coordinated policy that will help head off social conflict, there is an inexorable logic to the class interests involved. On the one hand, the ruling class in every country will work ruthlessly to impose the burden of the economic crisis on the backs of working people. This is already taking place through massive job- and wage-cutting and attacks on social programs. On the other hand, the economic crisis will exacerbate the struggle over resources between the major powers—a struggle that, within the capitalist system, can ultimately be resolved only through war.

Joe Kishore

http://wsws.org/articles/2009/mar2009/pers-m25.shtml

Wednesday, March 25, 2009

China calls for new global currency

By JOE McDONALD, AP Business Writer Joe Mcdonald, Ap Business Writer Tue Mar 24, 10:23 pm ET

BEIJING – China is calling for a new global currency to replace the dominant dollar, showing a growing assertiveness on revamping the world economy ahead of next week's London summit on the financial crisis.

The surprise proposal by Beijing's central bank governor reflects unease about its vast holdings of U.S. government bonds and adds to Chinese pressure to overhaul a global financial system dominated by the dollar and Western governments. Both the United States and the European Union brushed off the idea.

The world economic crisis shows the "inherent vulnerabilities and systemic risks in the existing international monetary system," Gov. Zhou Xiaochuan said in an essay released Monday by the bank. He recommended creating a currency made up a basket of global currencies and controlled by the International Monetary Fund and said it would help "to achieve the objective of safeguarding global economic and financial stability."

Zhou did not mention the dollar by name. But in an unusual step, the essay was published in both Chinese and English, making clear it was meant for a foreign audience.

China has long been uneasy about relying on the dollar for the bulk of its trade and to store foreign reserves. Premier Wen Jiabao publicly appealed to Washington this month to avoid any response to the crisis that might weaken the dollar and the value of Beijing's estimated $1 trillion in Treasuries and other U.S. government debt.

For decades, the dollar has been the world's most widely used currency. Many governments hold a large portion of their reserves in dollars. Crude oil and many commodities are priced in dollars. Business deals around the world are done in dollars.

But the financial crisis has highlighted how America's economic problems — and by extension the dollar — can wreak havoc on nations around the world. China is in a bind. To keep the value of its currency steady — some say undervalued — the Chinese government has to recycle its huge trade surpluses, and the biggest, most liquid option for investing them is U.S. government debt.

To better insulate countries from the ills of one country or one currency, Zhou said the IMF should create a "reserve currency" based on shares in the body held by its 185 member nations, known as special drawing rights, or SDRs.

He said it also should be used for trade, pricing commodities and accounting, not just government finance.

President Barack Obama described China's proposal as unnecessary during a prime-time news conference Tuesday.

"I don't believe that there's a need for a global currency," Obama said.

The president also pointed to the current strength of American money. "The reason the dollar is strong right now is because investors consider the United States the strongest economy in the world with the most stable political system in the world."

Earlier in the day, both U.S. Treasury Secretary Timothy Geithner and Federal Reserve Chairman Ben Bernanke took similar positions at a congressional hearing. They were asked by Rep. Michele Bachmann, R-Minn., if they would "categorically renounce the United States moving away from the dollar and going to a global currency," and both said they would.

And the European Union's top economy official said the dollar's role as the international reserve currency is secure despite China's proposal.

"Everybody agrees also that the present world reserve currency, the dollar, is there and will continue to be there for a long period of time," EU Commissioner Joaquin Almunia said Tuesday after a meeting of the European Commission.

Zhou also called for changing how SDRs are valued. Currently, they are based on the value of four currencies — the dollar, euro, yen and British pound. "The basket of currencies forming the basis for SDR valuation should be expanded to include currencies of all major economies," he wrote.

Beijing has been unusually bold in recent months in expressing concern about Washington's financial management and pushing for global economic changes. That reflects both its relative financial health and growing concern that increased globalization means missteps abroad could harm its own economy.

Zhou's comments are also part of China's longstanding push to reform the IMF, World Bank and global financial system to give greater voice to China and other developing economies — another theme that will be heard from China, Brazil, Russia and India at the summit of Group of 20 major economies next week.

"Overdue reforms should give proper representation to and increase the say of the emerging and developing economies," Yi Xianrong, a researcher with the Institute of Economics and Finances at the Chinese Academy of Social Sciences, a government think-tank, wrote in the government newspaper China Daily.

"Proper representation and a bigger voice for the developing countries are the need of the hour. For instance, being the world's third-largest economy and the largest foreign reserves holder, China should get its due place in the monetary body."

Another idea Yi raised was that the U.S. and Europe should give up their traditional privileges of appointing the heads of the World Bank and the IMF.

The idea of a creating a new global reserve currency isn't new. But analysts say the proposal isn't likely to gain much traction because it faces major obstacles. It would require acceptance from nations that have long used the dollar and hold huge stockpiles of the U.S. currency.

"There has been for decades talk about creating an international reserve currency and it has never really progressed," said Michael Pettis, a finance professor at Peking University's Guanghua School of Management.

Managing such a currency would require balancing the contradictory needs of countries with high and low growth or with trade surpluses or deficits, Pettis said. He said the 16 European nations that use the euro have faced "huge difficulties" in managing monetary policy even though their economies are similar.

"It's hard for me to imagine how it's going to be easier for the world to have a common currency for trade," he said.

___

Chinese central bank (in Chinese): http://www.pbc.gov.cn

Chinese central bank (in English): http://www.pbc.gov.cn/english

http://news.yahoo.com/s/ap/20090325/ap_on_re_as/as_china_global_currency/print

Postcard from Pipelineistan

By Pepe Escobar

What happens on the immense battlefield for the control of Eurasia will provide the ultimate plot line in the tumultuous rush towards a new, polycentric world order, also known as the New Great Game.

Our good ol' friend the nonsensical "Global War on Terror," which the Pentagon has slyly rebranded "the Long War," sports a far more important, if half-hidden, twin -- a global energy war. I like to think of it as the Liquid War, because its bloodstream is the pipelines that crisscross the potential imperial battlefields of the planet. Put another way, if its crucial embattled frontier these days is the Caspian Basin, the whole of Eurasia is its chessboard. Think of it, geographically, as Pipelineistan.

All geopolitical junkies need a fix. Since the second half of the 1990s, I've been hooked on pipelines. I've crossed the Caspian in an Azeri cargo ship just to follow the $4 billion Baku-Tblisi-Ceyhan pipeline, better known in this chess game by its acronym, BTC, through the Caucasus. (Oh, by the way, the map of Pipelineistan is chicken-scratched with acronyms, so get used to them!)

I've also trekked various of the overlapping modern Silk Roads, or perhaps Silk Pipelines, of possible future energy flows from Shanghai to Istanbul, annotating my own DIY routes for LNG (liquefied natural gas). I used to avidly follow the adventures of that once-but-not-future Sun-King of Central Asia, the now deceased Turkmenbashi or "leader of the Turkmen," Saparmurat Niyazov, head of the immensely gas-rich Republic of Turkmenistan, as if he were a Conradian hero.

In Almaty, the former capital of Kazakhstan (before it was moved to Astana, in the middle of the middle of nowhere) the locals were puzzled when I expressed an overwhelming urge to drive to that country's oil boomtown Aktau. ("Why? There's nothing there.") Entering the Space Odyssey-style map room at the Russian energy giant Gazprom's headquarters in Moscow -- which digitally details every single pipeline in Eurasia -- or the National Iranian Oil Company (NIOC)'s corporate HQ in Tehran, with its neat rows of female experts in full chador, was my equivalent of entering Aladdin's cave. And never reading the words "Afghanistan" and "oil" in the same sentence is still a source of endless amusement for me.

Last year, oil cost a king's ransom. This year, it's relatively cheap. But don't be fooled. Price isn't the point here. Like it or not, energy is still what everyone who's anyone wants to get their hands on. So consider this dispatch just the first installment in a long, long tale of some of the moves that have been, or will be, made in the maddeningly complex New Great Game, which goes on unceasingly, no matter what else muscles into the headlines this week.

Forget the mainstream media's obsession with al-Qaeda, Osama "dead or alive" bin Laden, the Taliban -- neo, light or classic -- or that "war on terror," whatever name it goes by. These are diversions compared to the high-stakes, hardcore geopolitical game that follows what flows along the pipelines of the planet.

Who said Pipelineistan couldn't be fun?

Calling Dr. Zbig

In his 1997 magnum opus The Grand Chessboard, Zbigniew Brzezinski -- realpolitik practitioner extraordinaire and former national security advisor to Jimmy Carter, the president who launched the U.S. on its modern energy wars -- laid out in some detail just how to hang on to American "global primacy." Later, his master plan would be duly copied by that lethal bunch of Dr. No's congregated at Bill Kristol's Project for a New American Century (PNAC, in case you'd forgotten the acronym since its website and its followers went down).

For Dr. Zbig, who, like me, gets his fix from Eurasia -- from, that is, thinking big -- it all boils down to fostering the emergence of just the right set of "strategically compatible partners" for Washington in places where energy flows are strongest. This, as he so politely put it back then, should be done to shape "a more cooperative trans-Eurasian security system."

By now, Dr. Zbig -- among whose fans is evidently President Barack Obama -- must have noticed that the Eurasian train which was to deliver the energy goods has been slightly derailed. The Asian part of Eurasia, it seems, begs to differ.

Global financial crisis or not, oil and natural gas are the long-term keys to an inexorable transfer of economic power from the West to Asia. Those who control Pipelineistan -- and despite all the dreaming and planning that's gone on there, it's unlikely to be Washington -- will have the upper hand in whatever's to come, and there's not a terrorist in the world, or even a long war, that can change that.

Energy expert Michael Klare has been instrumental in identifying the key vectors in the wild, ongoing global scramble for power over Pipelineistan. These range from the increasing scarcity (and difficulty of reaching) primary energy supplies to "the painfully slow development of energy alternatives." Though you may not have noticed, the first skirmishes in Pipelineistan's Liquid War are already on, and even in the worst of economic times, the risk mounts constantly, given the relentless competition between the West and Asia, be it in the Middle East, in the Caspian theater, or in African oil-rich states like Angola, Nigeria and Sudan.

In these early skirmishes of the twenty-first century, China reacted swiftly indeed. Even before the attacks of 9/11, its leaders were formulating a response to what they saw as the reptilian encroachment of the West on the oil and gas lands of Central Asia, especially in the Caspian Sea region. To be specific, in June 2001, its leaders joined with Russia's to form the Shanghai Cooperation Organization. It's known as the SCO and that's an acronym you should memorize. It's going to be around for a while.

Back then, the SCO's junior members were, tellingly enough, the Stans, the energy-rich former SSRs of the Soviet Union -- Kyrgyzstan, Uzbekistan, Kazakhstan, and Tajikistan -- which the Clinton administration and then the new Bush administration, run by those former energy men, had been eyeing covetously. The organization was to be a multi-layered economic and military regional cooperation society that, as both the Chinese and the Russians saw it, would function as a kind of security blanket around the upper rim of Afghanistan.

Iran is, of course, a crucial energy node of West Asia and that country's leaders, too, would prove no slouches when it came to the New Great Game. It needs at least $200 billion in foreign investment to truly modernize its fabulous oil and gas reserves -- and thus sell much more to the West than U.S.-imposed sanctions now allow. No wonder Iran soon became a target in Washington. No wonder an air assault on that country remains the ultimate wet dream of assorted Likudniks as well as Dick ("Angler") Cheney and his neocon chamberlains and comrades-in-arms. As seen by the elite from Tehran and Delhi to Beijing and Moscow, such a U.S. attack, now likely off the radar screen until at least 2012, would be a war not only against Russia and China, but against the whole project of Asian integration that the SCO is coming to represent.

Global BRIC-a-brac

Meanwhile, as the Obama administration tries to sort out its Iranian, Afghan, and Central Asian policies, Beijing continues to dream of a secure, fast-flowing, energy version of the old Silk Road, extending from the Caspian Basin (the energy-rich Stans plus Iran and Russia) to Xinjiang Province, its Far West.

The SCO has expanded its aims and scope since 2001. Today, Iran, India, and Pakistan enjoy "observer status" in an organization that increasingly aims to control and protect not just regional energy supplies, but Pipelineistan in every direction. This is, of course, the role the Washington ruling elite would like NATO to play across Eurasia. Given that Russia and China expect the SCO to play a similar role across Asia, clashes of various sorts are inevitable.

Ask any relevant expert at the Chinese Academy of Social Sciences in Beijing and he will tell you that the SCO should be understood as a historically unique alliance of five non-Western civilizations -- Russian, Chinese, Muslim, Hindu, and Buddhist -- and, because of that, capable of evolving into the basis for a collective security system in Eurasia. That's a thought sure to discomfort classic inside-the-Beltway global strategists like Dr. Zbig and President George H. W. Bush's national security advisor Brent Scowcroft.

According to the view from Beijing, the rising world order of the twenty-first century will be significantly determined by a quadrangle of BRIC countries -- for those of you by now collecting Great Game acronyms, that stands for Brazil, Russia, India, and China -- plus the future Islamic triangle of Iran, Saudi Arabia, and Turkey. Add in a unified South America, no longer in thrall to Washington, and you have a global SCO-plus. On the drawing boards, at least, it's a high octane dream.

The key to any of this is a continuing Sino-Russian entente cordiale.

Already in 1999, watching NATO and the United States aggressively expand into the distant Balkans, Beijing identified this new game for what it was: a developing energy war. And at stake were the oil and natural gas reserves of what Americans would soon be calling the "arc of instability," a vast span of lands extending from North Africa to the Chinese border. No less important would be the routes pipelines would take in bringing the energy buried in those lands to the West. Where they would be built, the countries they would cross, would determine much in the world to come. And this was where the empire of U.S. military bases (think, for instance, Camp Bondsteel in Kosovo) met Pipelineistan (represented, way back in 1999, by the AMBO pipeline).

AMBO, short for Albanian Macedonian Bulgarian Oil Corporation, an entity registered in the U.S., is building a $1.1 billion pipeline, aka "the Trans-Balkan," slated to be finished by 2011. It will bring Caspian oil to the West without taking it through either Russia or Iran. As a pipeline, AMBO fit well into a geopolitical strategy of creating a U.S.-controlled energy-security grid that was first developed by President Bill Clinton's Energy Secretary Bill Richardson and later by Vice President Dick Cheney.

Behind the idea of that "grid" lay a go-for-broke militarization of an energy corridor that would stretch from the Caspian Sea in Central Asia through a series of now independent former SSRs of the Soviet Union to Turkey, and from there into the Balkans (thence on to Europe). It was meant to sabotage the larger energy plans of both Russia and Iran. AMBO itself would bring oil from the Caspian basin to a terminal in the former SSR of Georgia in the Caucasus, and then transport it by tanker through the Black Sea to the Bulgarian port of Burgas, where another pipeline would connect to Macedonia and then to the Albanian port of Vlora.

As for Camp Bondsteel, it was the "enduring" military base that Washington gained from the wars for the remains of Yugoslavia. It would be the largest overseas base the U.S. had built since the Vietnam War. Halliburton's subsidiary Kellogg Brown & Root (KBR) would, with the Army Corps of Engineers, put it up on 400 hectares of farmland near the Macedonian border in southern Kosovo. Think of it as a user-friendly, five-star version of Guantanamo with perks for those stationed there that included Thai massage and loads of junk food. Bondsteel is the Balkan equivalent of a giant immobile aircraft carrier, capable of exercising surveillance not only over the Balkans but also over Turkey and the Black Sea region (considered in the neocon-speak of the Bush years "the new interface" between the "Euro-Atlantic community" and the "Greater Middle East").

How could Russia, China, and Iran not interpret the war in Kosovo, then the invasion of Afghanistan (where Washington had previously tried to pair with the Taliban and encourage the building of another of those avoid-Iran, avoid-Russia pipelines), followed by the invasion of Iraq (that country of vast oil reserves), and finally the recent clash in Georgia (that crucial energy transportation junction) as straightforward wars for Pipelineistan? Though seldom imagined this way in our mainstream media, the Russian and Chinese leaderships saw a stark "continuity" of policy stretching from Bill Clinton's humanitarian imperialism to Bush's Global War on Terror. Blowback, as then Russian President Vladimir Putin himself warned publicly, was inevitable -- but that's another magic-carpet story, another cave to enter another time.

Rainy Night in Georgia

If you want to understand Washington's version of Pipelineistan, you have to start with Mafia-ridden Georgia. Though its army was crushed in its recent war with Russia, Georgia remains crucial to Washington's energy policy in what, by now, has become a genuine arc of instability -- in part because of a continuing obsession with cutting Iran out of the energy flow.

It was around the Baku-Tblisi-Ceyhan (BTC) pipeline, as I pointed out in my book Globalistan in 2007, that American policy congealed. Zbig Brzezinski himself flew into Baku in 1995 as an "energy consultant," less than four years after Azerbaijan became independent, and sold the idea to the Azerbaijani elite. The BTC was to run from the Sangachal Terminal, half-an-hour south of Baku, across neighboring Georgia to the Marine Terminal in the Turkish port of Ceyhan on the Mediterranean. Now operational, that 1,767-kilometer-long, 44-meter-wide steel serpent straddles no less than six war zones, ongoing or potential: Nagorno-Karabakh (an Armenian enclave in Azerbaijan), Chechnya and Dagestan (both embattled regions of Russia), South Ossetia and Abkhazia (on which the 2008 Russia-Georgia war pivoted), and Turkish Kurdistan.

From a purely economic point of view, the BTC made no sense. A "BTK" pipeline, running from Baku through Tehran to Iran's Kharg Island, could have been built for, relatively speaking, next to nothing -- and it would have had the added advantage of bypassing both mafia-corroded Georgia and wobbly Kurdish-populated Eastern Anatolia. That would have been the really cheap way to bring Caspian oil and gas to Europe.

The New Great Game ensured that that was not to be, and much followed from that decision. Even though Moscow never planned to occupy Georgia long-term in its 2008 war, or take over the BTC pipeline that now runs through its territory, Alfa Bank oil and gas analyst Konstantin Batunin pointed out the obvious: by briefly cutting off the BTC oil flow, Russian troops made it all too clear to global investors that Georgia wasn't a reliable energy transit country. In other words, the Russians made a mockery of Zbig's world.

For its part, Azerbaijan was, until recently, the real success story in the U.S. version of Pipelineistan. Advised by Zbig, Bill Clinton literally "stole" Baku from Russia's "near abroad" by promoting the BTC and the wealth that would flow from it. Now, however, with the message of the Russia-Georgia War sinking in, Baku is again allowing itself to be seduced by Russia. To top it off, Azerbaijan President Ilham Aliyev can't stand Georgia's brash President Mikhail Saakashvili. That's hardly surprising. After all, Saakashvili's rash military moves caused Azerbaijan to lose at least $500 million when the BTC was shut down during the war.

Russia's energy seduction blitzkrieg is focused like a laser on Central Asia as well. (We'll talk about it more in the next Pipelineistan installment.) It revolves around offering to buy Kazakh, Uzbek, and Turkmen gas at European prices instead of previous, much lower Russian prices. The Russians, in fact, have offered the same deal to the Azeris: so now, Baku is negotiating a deal involving more capacity for the Baku-Novorossiysk pipeline, which makes its way to the Russian borders of the Black Sea, while considering pumping less oil for the BTC.

President Obama needs to understand the dire implications of this. Less Azeri oil on the BTC -- its full capacity is 1 million barrels a day, mostly shipped to Europe -- means the pipeline may go broke, which is exactly what Russia wants.

In Central Asia, some of the biggest stakes revolve around the monster Kashagan oil field in "snow leopard" Kazakhstan, the absolute jewel in the Caspian crown with reserves of as many as 9 billion barrels. As usual in Pipelineistan, it all comes down to which routes will deliver Kashagan's oil to the world after production starts in 2013. This spells, of course, Liquid War. Wily Kazakh President Nursultan Nazarbayev would like to use the Russian-controlled Caspian Pipeline Consortium (CPC) to pump Kashagan crude to the Black Sea.

In this case, the Kazakhs hold all the cards. How oil will flow from Kashagan will decide whether the BTC -- once hyped by Washington as the ultimate Western escape route from dependence on Persian Gulf oil -- lives or dies.

Welcome, then, to Pipelineistan! Whether we like it or not, in good times and bad, it's a reasonable bet that we're all going to be Pipeline tourists. So, go with the flow. Learn the crucial acronyms, keep an eye out for what happens to all those U.S. bases across the oil heartlands of the planet, watch where the pipelines are being built, and do your best to keep tabs on the next set of monster Chinese energy deals and fabulous coups by Russia's Gazprom.

And, while you're at it, consider this just the first postcard sent off from our tour of Pipelineistan. We'll be back (to slightly adapt a quote from the Terminator). Think of this as a door opening onto a future in which what flows where and to whom may turn out to be the most important question on the planet.

Do the Secret Bush Memos Amount to Treason? Top Constitutional Scholar Says Yes

By Naomi Wolf, AlterNet
Posted on March 25, 2009, Printed on March 25, 2009
http://www.alternet.org/story/133273/

In early March, more shocking details emerged about George W. Bush legal counsel John Yoo's memos outlining the destruction of the republic.

The memos lay the legal groundwork for the president to send the military to wage war against U.S. citizens; take them from their homes to Navy brigs without trial and keep them forever; close down the First Amendment; and invade whatever country he chooses without regard to any treaty or objection by Congress.

It was as if Milton's Satan had a law degree and was establishing within the borders of the United States the architecture of hell.

I thought this was -- and is -- certainly one of the biggest stories of our lifetime, making the petty burglary of Watergate -- which scandalized the nation -- seem like playground antics. It is newsworthy too with the groundswell of support for prosecutions of Bush/Cheney crimes and recent actions such as Canadian attorneys mobilizing to arrest Bush if he visits their country.

The memos are a confession. The memos could not be clearer: This was the legal groundwork of an attempted coup. I expected massive front page headlines from the revelation that these memos exited. Almost nothing. I was shocked.

As a non-lawyer, was I completely off base in my reading of what this meant, I wondered? Was I hallucinating?

Astonished, I sought a reality check -- and a formal legal read -- from one of the nation's top constitutional scholars (and most steadfast patriots), Michael Ratner of the Center for Constitutional Rights, which has been at the forefront of defending the detainees and our own liberties.

Here is our conversation:

Naomi Wolf: Michael, can you explain to a layperson what the Yoo memos actually mean?'

Michael Ratner: What they mean is that your book looks moderate in respect to those issues now. This -- what is in the memos -- is law by fiat.

I call it "Fuhrer's law." What those memos lay out means the end of the system of checks and balances in this country. It means the end of the system in which the courts, legislature and executive each had a function and they could check each other.

What the memos set out is a system in which the president's word is law, and Yoo is very clear about that: the president's word is not only law according to these memos, but no law or constitutional right or treaty can restrict the president's authority.

What Yoo says is that the president's authority as commander in chief in the so-called war on terror is not bound by any law passed by Congress, any treaty, or the protections of free speech, due process and the right to be free from unreasonable searches and seizures. The First, Fourth and Fifth amendments -- gone.

What this actually means is that the president can order the military to operate in the U.S. and to operate without constitutional restrictions. They -- the military -- can pick you or me up in the U.S. for any reason and without any legal process. They would not have any restrictions on entering your house to search it, or to seize you. They can put you into a brig without any due process or going to court. (That's the Fourth and Fifth amendments.)

The military can disregard the Posse Comitatus law, which restricts the military from acting as police in the the United States. And the president can, in the name of wartime restrictions, limit free speech. There it is in black and white: we are looking at one-person rule without any checks and balances -- a lawless state. Law by fiat.

Who has suspended the law this way in the past? It is like a Caesar's law in Rome; a Mussolini's law in Italy; a Fuhrer's law in Germany; a Stalin's law in the Soviet Union. It is right down the line. It is enforcing the will of the dictator through the military.

NW: The mainstream media have virtually ignored these revelations, though it seems to me this is the biggest news since Pearl Harbor.

MR: I think that's right. We had a glimmering of the blueprint for some of this -- when they picked up Jose Padilla, the military went to a prison and snatched an American citizen as if they had a perfect right to do so.

Now we can see that these memos laid the legal groundwork for such actions. We knew the military could do this to an individual. We did not know the plan was to eliminate First Amendment constitutional rights for the entire population.

NW: If Bush only wanted these powers in order to prosecute a war on terror, why does he need to suspend the First Amendment? Isn't that the smoking gun of a larger intention toward the general population?

MR: Part of this plan was actually implemented: for instance, they tried to keep people like Padilla from getting to a magistrate. They engaged in the wiretapping, because according to these memos there was no Fourth Amendment.

They had to be planning some kind of a takeover of the United States to be saying they could simply abolish the First Amendment if the president believed it was necessary in the name of national security. It lays the groundwork for what could have been a massive military takeover of the United States.

Here they crept right up and actually implemented part of the plan, with Padilla, with the warrantless wiretapping. Yet they are saying in the White House and in Congress that it is looking backward to investigate the authors of these memos and those who instructed Yoo and others to write them.

But investigation and prosecutions are really looking forward -- to say we need the deterrence of prosecution so this does not happen again.

NW: What about the deployment of three brigades in the U.S.? How should we read that?'

MR: With terrorism as less of a concern to many, but now with the economy in tatters there is a lot more militant activism in U.S. -- the New School and NYU student takeovers, protests around the country and strikes are just the beginning. I think governments are now concerned over people's activism, and people's anger at their economic situation. I don't think those brigades can be detached from the idea that there might well be a huge amount of direct-action protest in the U.S.

There could have also been a closer election that could have been stolen easily and then a huge protest. Those troops would have been used to enforce the will of the cabal stealing the election.

NW: As a layperson, I don't fully understand what powers the memos actually manifest. Are they theoretical or not just theoretical? What power did the memos actually give Bush?

MR: They were probably, in fact almost for sure, written in cahoots with the administration -- [Karl] Rove, [Dick] Cheney -- to give them legal backing for what they planned or wanted to carry out.

What I assume happened here is people like Cheney or his aides go to the Office of Legal Counsel and say, "We are going to need legal backing, to give a face of legality to what we are doing and what we are planning." When the president then signs a piece of paper that says, "OK, military, go get Jose Padilla," these memos give that order a veneer of legality.

If you are familiar with the history of dictators, coups and fascism (as I know you are), they (the planners) prefer a veneer of legality. Hitler killed 6 million Jews with a veneer of legality -- getting his dictatorial powers through the Reichstag and the courts.

These memos gave the Bush administration's [lawless] practices the veneer of legality.

NW: So are you saying that these memos actually created a police state that we did not know about?

MR: If you look at police state as various strands of lawlessness, we knew about some of this lawlessness even before this latest set of memos.

But the memos revealed how massive the takeover of our democracy was to be -- that this wasn't just going to be a few individuals here or there who suffered the arrows of a police state.

These memos lay the groundwork for a massive military takeover of the United States in cahoots with the president. And if that's not a coup d'etat then, nothing is.

NW: Can I ask something? I keep thinking about the notion of treason. In America now, people tend to read the definition of treason in the Constitution as if they are thinking of a Tokyo Rose or an American citizen acting as an agent for an enemy state -- very much a World War II experience of the traitor to one's country.

But I've been reading a lot of 16th and 17th century history, and it seems to me that the founders were thinking more along the lines of English treason of that era -- small groups of Englishmen, usually nobility, who formed cabals and conspired with one another to buy or recruit militias to overthrow the crown or Parliament.

The notion that a group might conspire in secret to overthrow the government is not a wild, marginal concept, it is a substantial part of European, and especially British, Renaissance and Reformation-era history and would have been very much alive in the minds of the Enlightenment-era founders. (I just visited the Tower of London where this was so frequent a charge against groups of English subjects that there is a designated Traitor's Gate.)

So clearly you don't have to act on behalf of another state to commit treason. The Constitution defines it as levying war against the United States or giving aid and comfort to its enemies. It says nothing about the enemy having to be another state.

When the Constitution was drafted, the phrase "United States" barely referred to a singular country; it referred to a new federation of many united states. They imagined militias rising up against various states; it was not necessarily nation against nation.

Surely, when we have evidence Bush prepared the way to allow the military to imprison or shoot civilians in the various states and created law to put his own troops over the authority of the governors and the national guard of the various states, and when the military were sent to terrorize protesters in St. Paul, [Minn.], Bush was levying war in this sense against the united states?

Hasn't Bush actually levied war against Minnesota? And if our leaders and military are sworn to protect and defend the Constitution, and there is clear evidence now that Bush and his cabal intended to do away with it, are they not our enemies and giving aid and comfort to our enemies? Again, "enemy" does not seem to me to be defined in the Constitution as another sovereign state.

MR: You are right. Treason need not involve another state. Aaron Burr was tried for treason. I do think that a plan to control the military, use it in the United States contrary to law and the Constitution and employ it to levy a war or takeover that eliminates the democratic institutions of the country constitutes treason, even if done under the president of the United States.

The authority given by these memos that could be used to raid every congressional office, raid and search every home, detain tens of thousands, would certainly fit a definition of treason.

This would be the president making war against the institutions of the United States.

Naomi Wolf is the author of Give Me Liberty (Simon and Schuster, 2008), the sequel to the New York Times best-seller The End of America: A Letter of Warning to a Young Patriot (Chelsea Green, 2007).
© 2009 Independent Media Institute. All rights reserved.
View this story online at: http://www.alternet.org/story/133273/