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BAUAW NEWSLETTER Subscribe/Unsubscribe
Friday, September 10, 2004
YES ON PROP. N-BAUAW NEWSLETTER
Dear readers,
At our meeting last evening we resolved to throw our efforts in the coming weeks before the elections, into the Proposition N antiwar campaign in San Francisco. Proposition N reads: "It is the Policy of the people of the City and County of San Francisco that: The Federal government should take immediate steps to end the U.S. occupation of Iraq and bring our troops safely home now." To this end we have already entered a ballot argument in support of Prop. N at a cost of over $600.00 and have contributed an additional $50.00 to the Prop. N campaign committee last evening. However our funds are getting very low. We wish to publish material so that we can cover the city with Yes on Prop N material. Very few people even know about the initiative yet. We need to change this and make it a central focus for the movement here. There should be window signs in every window on every block urging a YES on N vote. We are a voluntary organization and have no outside funding other than contributions from folks like you. We have no paid staff or office so all the money we get is spent on antiwar organizing efforts-posters, brochures, flyers, forums, teach-ins, street meetings and mailings-and now we want to focus on YES on N material and community organizing up until the elections. This means we need money for printed material and for sound permits (at $60.00 each) for community street meetings, etc., to get out the YES on N vote. We are appealing to our readers to make a financial contribution to help us in this work. Please send a contribution to: Bay Area United Against War P.O. Box 318021 San Francisco, CA 94131-8021 If you can send an amount over $50.00 and wish to take a tax deduction then make your check payable to: Bay Area United Against War/NVM P.O. Box 318021 San Francisco, CA 94131-8021 We want to ensure nothing less than a landslide victory for Proposition N in San Francisco this year and we need your support! Peace and solidarity, BAUAW P.S. We will be launching our redesigned web site soon with links to all major antiwar groups. The site will include all the latest news and information of actions and activity in the San Francisco Bay Area. Keep a lookout for the opening launch soon! The next BAUAW meeting will be: WEDNESDAY, SEPTEMBER 22, 7 p.m. 1380 VALENCIA STREET (BETWEEN 24TH & 25TH STREETS, S.F.) ---------*---------*---------*---------*---------*---------* 1) U.S. Hid Dozens of Iraqi Prisoners, Investigators Say By Vicki Allen WASHINGTON (Reuters) Thu Sep 9, 2004 05:41 PM ET http://www.reuters.com/newsArticle.jhtml?type=topNews&storyID=6197512&src=eDialog/GetContent§ion=news 2) New Documents Reveal that USAID Provided $2.3 Million to Venezuela's Opposition in 2003 By: Eva Golinger - Venezuelafoia.info New York, September 8, 2004 http://www.venezuelanalysis.com/print.php?newsno=1360 3) Ashcroft Strikes Out, Third Federal Court Rules Federal Abortion Ban is Unconstitutional and Cannot Be Enforced Decision Echoes Rulings in San Francisco and New York NEW YORK CITY September 8, 2004 http://www.plannedparenthood.org/about/pr/040908_Ashcroft.html 4) Gaza Emergency "Barbara Lubin" Thu, 9 Sep 2004 16:12:16 -0700 (PDT) ---------*---------*---------*---------*---------*---------* 1) U.S. Hid Dozens of Iraqi Prisoners, Investigators Say By Vicki Allen WASHINGTON (Reuters) Thu Sep 9, 2004 05:41 PM ET http://www.reuters.com/ newsArticle.jhtml?type=topNews&storyID=6197512&src=eDialog/ GetContent§ion=news WASHINGTON (Reuters) - The United may have kept up to 100 "ghost detainees" in Iraq off the books and concealed from Red Cross observers, a far higher number than previously reported, an Army general told Congress on Thursday. Estimates were rough because the CIA has withheld documents on concealed detainees, Army generals who investigated U.S. abuses of Iraqi prisoners told lawmakers. Republican and Democratic senators blasted the CIA, and called for it to turn over the material. At a Senate committee hearing, Gen. Paul Kern, commander of the U.S. Army Materiel Command, said he believed the number of ghost detainees held in violation of Geneva Convention protections was "in the dozens to perhaps up to 100," far surpassing the eight people identified in an Army report. Maj. Gen. George Fay, deputy commander at the U.S. Army Intelligence and Security Command, said he expected it may be two dozen or more. "We were not able to get documentation from the Central Intelligence Agency to answer those types of questions. So we really don't know the volume," he said. The Geneva Conventions require countries to disclose information on prisoners to the International Committee of the Red Cross, which monitors their treatment. The Senate and House of Representatives Armed Services Committees held hearings on an Army probe of the role of military intelligence in abuses at Abu Ghraib prison near Baghdad, as well as broader findings on U.S. mistreatment of prisoners by an independent panel headed by former Defense Secretary James Schlesinger. The reports depicted more widespread abuses than the acts of a handful of soldiers accused when the images of horrific sexual and physical humiliation and torture at the Abu Ghraib prison first came to light last spring. CIA CRITICIZED While the panel led by Schlesinger blamed top Pentagon civilian and military leaders for contributing to a climate that led to the sadistic treatment of detainees, Schlesinger said U.S. forces in Iraq had behaved far better overall than in previous wars, including World War II, Korea and Vietnam. He said the 66 cases of confirmed abuse, although higher than the Bush administration first disclosed, "is a s mall number -- comparing quite well ... with previous wars." Senators called the CIA's failure so far to turn over information sought by Army investigators unacceptable. "The situation with the CIA and ghost soldiers is beginning to look like a bad movie," said Sen. John McCain, an Arizona Republican. "I think that this is something that needs to be asked ... of the incoming director of the CIA," McCain said, referring to Rep. Porter Goss, a Florida Republican tapped by President Bush to run the CIA. The Senate Intelligence Committee scheduled a confirmation hearing for Goss on Sept. 14. Warner said the Intelligence Committee also was pressing the CIA for information, and said the Armed Services Committee would more closely examine the ghost detainees issue. CIA spokesman Mark Mansfield said the agency's inspector general was conducting "a comprehensive review of the agency's involvement in detention and interrogation activities," and the agency was "determined to examine thoroughly any allegations of abuse." The findings of the Army investigation, headed by Fay and Lt. Gen. Anthony Jones and released in August, listed 44 instances of prisoner abuse, 13 directly involving interrogations. It said 27 military intelligence personnel -- 23 soldiers and four contractors -- directly took part in abuse or induced others to do so, while another eight -- six soldiers and two contractors -- failed to report abuse they had witnessed. All have been recommended for possible criminal charges. Lawmakers said those higher up the chain of command also must be held accountable for failing in key duties. Sen. Lindsey Graham, a South Carolina Republican, worried that the "only people that are court-martialed here are privates and sergeants ... Dereliction of duty will be redefined one way or the other after this investigation." (Additional reporting by Will Dunham, Jim Wolf and Tabassum Zakaria) (c) Copyright Reuters 2004. ---------*---------*---------*---------*---------*---------* 2) New Documents Reveal that USAID Provided $2.3 Million to Venezuela's Opposition in 2003 By: Eva Golinger - Venezuelafoia.info New York, September 8, 2004 http://www.venezuelanalysis.com/print.php?newsno=1360 New York, September 8, 2004- Documents recently obtained from the U.S. Department of State under the Freedom of Information Act (FOIA) by www.venezuelafoia.info than $5 million annually during the past two years was given by the United States Agency for International Development (USAID) to various organizations in Venezuela, many of which are aligned with the opposition. One of the key groups collaborating with USAID is Súmate, the organization that promoted the recall referendum campaign against President Hugo Chávez and is now rejecting the results that have been certified by the most credible international observers and even by the U.S. government. Súmate, despite its numerous undemocratic positions and actions, has also been a recipient of U.S. government funds from the National Endowment for Democracy in 2003. However, these new documents obtained by Venezuelafoia.info have all been censored by the U.S. Government despite the use of the FOIA, which intends to ensure transparency in U.S. Government operations. The Department of State has withheld the names of the organizations receiving financing from USAID by misapplying a FOIA exemption that is intended to protect "personnel and medical files" of individuals. Such clear censorship indicates that USAID and the U.S. Government clearly have something to hide regarding their collaborations with the Venezuelan opposition. Despite USAID's ongoing crusade to encourage transparency in foreign governments, the withholding of information that does not fall under any available exemptions clearly demonstrates a double standard applied by the U.S. Government in this case. USAID is financed by the U.S. Congress and is controlled by the Department of State. Founded by President John F. Kennedy in 1961, USAID was established as a fund dedicated to humanitarian intervention around the world. Despite Kennedy's humane intentions, USAID has more recently been used, in many instances, as a mechanism to promote the interests of the U.S. in strategically important countries around the world. In the case of Venezuela, USAID maintains a private contractor in Caracas monitoring and facilitating its projects and funds and also has a local operating center, the Office of Transition Initiatives (OTI) that was established in 2002, after the failed coup d'etat against President Chávez. The private contractor, Development Alternatives, inc. (DAI), manages and supervises grants approved by USAID to Venezuelan organizations. Under a program entitled Venezuela: Initiative to Build Confidence, DAI has awarded 67 grants to Venezuelan organizations in various sectors and areas of interest. These grants equal $2.3 million, just during 2003. In total, DAI 's program in Venezuela counts on $10,000,000 in funding for the period August 2002 through August 2004 -$5 million annually to "focus on common goals for the future of Venezuela". According to the documents obtained under FOIA and DAI's project description (available on www.dai.com/about_dai/about_fs.htm none of the project grants or programs have been in collaboration with the Venezuelan government. In fact, many of the same recipients of U.S. government funds through the National Endowment for Democracy (NED) have also received USAID funding through DAI. Despite the illegal withholding of names on the USAID-DAI grants, one document apparently was skipped, at least in part. The name, Súmate appears on a grant intended to encourage "electoral participation" in the recall referendum, citing $84,840 as the total grant amount. Combined with the NED grant of $53,400 given to Súmate in 2003-2004, the organization that is now crying fraud about the recall referendum against President Chávez, the results of which have been recognized as absolutely credible by the Carter Center and the U.S. Department of State, has received, at minimum, more than $200,000 in just one year for promoting its attempts to remove Venezuela's President from office. Other recipients of USAID funds through DAI which are apparent in the censored documents include the organization Liderazgo y Visión for its project, "Un Sueño para Venezuela", ("A Dream for Venezuela") a project created in 2002-2003 with the intent of offering an alternative vision and agenda for those opposing President Chávez's administration. Liderazgo y Visión has also been a recipient of NED funds over the past few years. More than 6 organizations have been given funding for political and social formation and development in Petare, a poor neighborhood in the outskirts of Caracas, in the Miranda State. The work in Petare and the more than $200,000 that have been funneled into that neighborhood in the past year, appear to have been aimed at converting a community that was traditionally pro-Chávez, into one that supports the opposition. The recall referendum results from August 15, 2004 show the opposition gaining substantial numbers in Petare, and Miranda state was one of only two states in the entire nation that gave victory to the opposition in the referendum. One grant from USAID/DAI focuses on the creation of radio and television commercials during the December 2002- February 2003 strike imposed by the opposition, during which the private media dedicated its airwaves 24-7 to opposition propaganda. One of the most striking aspects of the media's dedication to the strike was the use of anti-Chávez commercials to indoctrinate viewers' opinions on Venezuela's political situation. The USAID/DAI grant shows funding originating from the U.S. government for some of these anti-Chávez commercials, collaborating with former Fedecámaras President Carlos Fernandez, who was one of the leaders of the strike, in the project. These new documents from USAID provide evidence for a clear focus on two major projects in Venezuela: The Recall Referendum and the Formation of a National Agenda that would serve as a transitional government post-Chávez (assuming the referendum was won by the opposition). The documents are available for public viewing on www.venezuelafoia.info ---------*---------*---------*---------*---------*---------* 3) Ashcroft Strikes Out, Third Federal Court Rules Federal Abortion Ban is Unconstitutional and Cannot Be Enforced Decision Echoes Rulings in San Francisco and New York NEW YORK CITY September 8, 2004 http://www.plannedparenthood.org/about/pr/040908_Ashcroft.html NEW YORK CITY - In the third of three federal court rulings, a Nebraska judge has struck down the federal abortion ban passed by Congress last October and signed by President Bush. Planned Parenthood Federation of America (PPFA) applauded the ruling issued today in Carhart v. Ashcroft . "Today's ruling should be a cease and desist order for Attorney General Ashcroft and his taxpayer-funded anti-choice pursuits," PPFA President Gloria Feldt said. "Like the San Francisco and New York courts, the Nebraska court recognized that women's health, medical privacy and the U.S. Constitution trump anti-choice ideology. Women and doctors should make private, personal health care decisions - not John Ashcroft or any other politician." On June 1, 2004, in Planned Parenthood Federation of America v. Ashcroft, a federal court in northern California struck down the federal abortion ban. In doing so, the federal court ruled that Attorney General Ashcroft cannot enforce the federal abortion ban against any Planned Parenthood affiliate, or its "officers, agents, servants, employees, [or] contractors," whether the abortion is performed in a facility owned or operated by Planned Parenthood or elsewhere. On August 26, the federal court in New York City struck down the ban again in National Abortion Federation (NAF) v. Ashcroft . All three cases included the overwhelming testimony of highly respected ob/gyns from around the country who testified that this law would ban abortions as early as 12 to 15 weeks in pregnancy, abortions they say are safe and among the best for women's health. The ban would further fail to safeguard women because it does not contain an exception to protect their health. The American College of Obstetricians and Gynecologists (ACOG) and many other major medical organizations join PPFA in opposing the ban. In an attempted sweeping invasion of medical privacy earlier this year, Attorney General John Ashcroft tried unsuccessfully to obtain thousands of confidential medical records of women who obtained abortions. Among the records subpoenaed were those from Planned Parenthood health centers nationwide, but PPFA successfully blocked the effort. Ashcroft's calculated fishing expedition was in response to the effort to block the federal abortion ban. On March 29, 2003, three federal courts began hearing legal challenges to the "Partial-Birth Abortion Ban Act of 2003," a new law passed by Congress in October 2003 and signed by President Bush in November 2003. The lawsuits were brought by PPFA on behalf of Planned Parenthood Golden Gate, the affiliate in San Francisco, and the physicians, staff and patients of Planned Parenthood affiliates nationwide; the American Civil Liberties Union and Wilmer Cutler Pickering Hale and Dorr LLP on behalf of the National Abortion Federation and other doctors; and the Center for Reproductive Rights (CRR) on behalf of Dr. LeRoy Carhart and other doctors. Planned Parenthood Federation of America is the nation's largest and most trusted voluntary reproductive health organization. We believe that everyone has the right to choose when or whether to have a child - and that every child should be wanted and loved. Planned Parenthood affiliates operate nearly 850 health centers nationwide, providing medical services and sexuality education for millions of women, men, and teenagers each year. Contact: Colleen McCabe (212) 261-4729 Joel Lawson (202) 973-4880 ---------*---------*---------*---------*---------*---------* 4) Gaza Emergency "Barbara Lubin" Thu, 9 Sep 2004 16:12:16 -0700 (PDT) All of us at the Middle East Children's Alliance are concerned, as I'm sure you are, about the worsening situation in Palestine and particularly the latest news coming out of northern Gaza. I, MECA's executi= ve director, spoke with a friend and doctor in Gaza City this morning and was = told that 19 Palestinians had been admitted into the Al-Awda hospital last night with serious injuries. The Israeli army has stated that this an open ended invasion. We fear that this will become another operation like those in Rafah and Beit Hanoun, leaving many more Palestinians killed, injured, and homeless. We felt we had to send out a message to our friends and supporters to update you on the tragedies being paid for by our US tax dollars. Please find below a number of excerpts with the links to full articles. We = hope you will pass on this information to your friends and families. Thank you, Middle East Children's Alliance 901 Parker Street Berkeley, California 94710 United States No US Aid to Israel. End the Occupation. Support Divestment and Sanctions. From the Palestinian Center for Human Rights (PCHR): http://www.pchrgaza.org/ files/PressR/English/2004/110-2004.htm "At the time of writing, 4 Palestinians, including a 10 year old child, have been killed and 53 others, mostly children, have been injured by the Israeli gunfire and shelling. PCHR's investigations strongly indicate that Israeli troops used excessive lethal force against unarmed Palestinian civilians, without adhering to the principles of proportionalit= y and distinction." "...At approximately 12:00, Israeli troops indiscriminately shelled [Jabalya] camp. As a result, 3 Palestinian civilians, including a child, were killed." "PCHR reminds the international community of Israeli violations of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 1949 (Fourth Geneva Convention), particularly article 33 which prohibits collective punishment, and article 147 which considers "extensive destruction and appropriation of property, not justified by military necessity, and carried out unlawfully and wantonly" a grave breach that may amount, in some circumstances, to be a war crime under article 85-3 of Protocol 1 Additional to the Geneva Conventions." 10-Year Old Girl Hit in UNRWA Classroom by Israeli Gunfire UNRWA Press Release- September 7 http://domino.un.org/unispal.nsf/0/ 6b9f5e29011585b585256f08004f231b?OpenDocument At 07:45 10-year old Raghda Adnan Al-Assar was struck in the head by Israeli fire while sitting at her desk in UNRWA's Elementary C Girl's School in Khan Younis camp. She is now in the European Gaza Hospital where she has undergone major surgery. UNRWA's Commissioner-General Peter Hansen said: "The kind of live firing into refugee camps that is so indiscriminate that it makes classroom= s dangerous for 10-year old children is totally unacceptable. UNRWA will protest this violation of the sanctity of its school in the strongest possible terms to the Israeli authorities." Story about the extrajudicial assassination of a Palestinian at an internet café in Jericho. http://news.xinhuanet.com/english/2004-09/09/ content_1962652.htm "A special Israeli undercover unit stormed the West Bank city of Jericho Wednesday night and assassinated a Palestinian member of Al Aqsa martyrs brigades, Palestinian security sources said on Thursday. "...Witnesses confirmed that the soldiers opened intensive gunfire directly on Abedeia who tried to pull out from the café. "Three of the café visitors were wounded by Israeli soldiers who opened fire haphazardly in the café, added the witnesses." What you can do: -Invite MECA to speak to your community group, school, church, synagogue, mosque, union, etc. -Send a contribution to MECA for emergency medical aid Donate online: https://secure.groundspring.org/dn/index.php?aid=1171 Checks can be mailed to: 901 Parker Street Berkeley, CA 94710 -Email this message to as many people as possible -Tell your US senators and congress representatives to stop aid to Israel www.congress.org
Thursday, September 09, 2004
BAUAW NEWSLETTER-THURSDAY, SEPTEMBER 9, 2004
BAUAW MEETING TONIGHT
THURSDAY, SEPTEMBER 9. 7 PM 1380 VALENCIA STREET ---------*---------*---------*---------*---------*---------* 1) FW: Press conference and vigil From: Howard Wallace Wed, 8 Sep 2004 2) For 1,000 Troops, There Is No Going Home By MONICA DAVEY September 9, 2004 http://www.nytimes.com/2004/09/09/national/09deaths.html?hp 3) U.S. Forces on Offensive in Iraq Rebel Strongholds By Luke Baker BAGHDAD (Reuters) Thu Sep 9, 2004 09:28 AM ET http://www.reuters.com/ newsArticle.jhtml?type=topNews&storyID=6193417&src=eDialog/ GetContent§ion=news 4) Israel Kills 4, Including 9-Year-Old, in Gaza By Nidal al-Mughrabi JABALYA, Gaza Strip (Reuters) Thu Sep 9, 2004 09:43 AM ET http://www.reuters.com/ newsArticle.jhtml?type=topNews&storyID=6193616&src=eDialog/ GetContent§ion=news 5) Family 'Thanks' Bush for Death of Son WKYC-TV Wednesday 08 September 2004 http://www.truthout.org/docs_04/091004Z.shtml 6) USA: Chevron donates to Schwarzenegger, gets removal of restrictions on oil refineries in California by Tom Chorneau , Associated Press Friday, September 03, 2004 - SACRAMENTO http://www.corpwatch.org/article.php?id=11519 7) The Beslan hostage tragedy: the lies of the Putin government and its media By Vladimir Volkov 8 September 2004 http://www.wsws.org/articles/2004/sep2004/puti-s08.shtml 8) Protests Powered by Cellphone By PATRICK DI JUSTO September 9, 2004 http://www.nytimes.com/2004/09/09/technology/circuits/09mobb.html 9) Ex-Banking Star Given 18 Months for Obstruction By ANDREW ROSS SORKIN September 9, 2004 http://www.nytimes.com/2004/09/09/business/09star.html ---------*---------*---------*---------*---------*---------* 1) FW: Press conference and vigil From: Howard Wallace Wed, 8 Sep 2004 Dear Friends, Please help us spread the word about the vigil below to commemorate the over 1,000 US soldiers who died in Iraq. If any of you or someone from your organizations would like to speak, please do so. Thanks so much, Medea Benjamin Code Pink and Global Exchange URGENT CALL TO ACTION: JOIN US AT A VIGIL FOR THE 1,000 U.S. SOLDIERS AND TENS OF THOUSANDS IRAQIS KILLED IN IRAQ THURSDAY, SEPTEMBER 9, 5-7PM at UN PLAZA (Market St between 7th and Hyde), San Francisco For more information: Nancy Mancias, Code Pink, 415-342-6409 or foonan@jps.net Over 1,000 young Americans have now died in Iraq, over 7,000 are maimed, and many thousands of Iraqis have died. The President won't mourn our dead, but we will. Please join Code Pink, Bring Our Troops Home Now Committee, Mother Speak, United for Peace and Justice, Veterans For Peace, Not in Our Name, and Global Exchange to say: Enough to Endless War and Suffering, Bring Them Home NOW. There will be dozens such vigils happening all over the country, where we will remember the 1,000 US servicemen and women who have died in Iraq. We will remember the tens of thousands of Iraqis--civilians and combatants, men and women, children, the elderly--who have been killed. We will remember that these deaths did not have to happen. We know that the current administration has plunged us into this unjust and unjustifiable war, driven by greed for oil and lust for power and fueled by lie after lie. We cannot remain silent. We want an end to the occupation so the Iraqi people can determine their own destiny free from foreign interference and control. We want our troops brought home now. Don't ask these men and women to continue to die for politicians' mistakes and lies. And we want them treated right when they return. Give them the benefits there were promised and give them the help they will need to heal their bodies, their minds and their spirits. We are here to remember, to honor and to mourn. We will not forget! ---------*---------*---------*---------*---------*---------* 2) For 1,000 Troops, There Is No Going Home By MONICA DAVEY September 9, 2004 http://www.nytimes.com/2004/09/09/national/09deaths.html?hp Dixie Codner had a question for the marines who came down her gravel road, past the rows of corn and alfalfa, to tell her that her 19-year-old son, Kyle, had been killed in Iraq. Should she bring them the dress blues, = still pressed and hanging neatly in his closet, for his funeral? No need, she recalled them answering. They had dress uniforms from all the services, all sizes, waiting back at Dover Air Force Base in Delawa= re, where the bodies of American service members come home. "What does that say?" Ms. Codner asked, as she sat at her kitchen table in Shelton, Neb., on a recent morning, fingering a thick stack of photograp= hs that her son had sent from the desert. "How many more are they expecting? All I know is that there are 1,000 families that feel just like we do. We g= o to bed at night, and we don't have our children." Like Lance Cpl. Kyle W. Codner, each of the more than 1,000 marines and soldiers, sailors and airmen killed since the United States sent troops to invade Iraq leaves behind a grieving family, a story, a unique memory of duty and sacrifice in what has become the deadliest war for Americans since Vietnam. But along with so much personal loss, the roster of the dead tells a larger story, a portrait of a society and a military in transition, with ever-widening roles and costs for the country's part-time soldiers, women and Hispanics. As has often been true in the United States' wars, small towns like Shelton and other rural areas suffered a disproportionate share of deaths compared with the nation's big cities. More than 100 service members who died were from California, the most for any state, but the smaller, less-populated states, many in the nation's middle - the Dakotas, Wyoming and Nebraska - recorded some of the biggest per capita losses. In these mostly Republican-leaning states, people have begun to take painful note of the toll in Iraq. Many of the families of the dead there said they remained supportive of the war, the troops and the president. Still, with the death toll reaching 1,000 just two months before the presidential election, the somber milestone captured a central spot in the national political debate this week. More than 70 percent of the dead were soldiers in the Army, and more than 20 percent were marines. More than half were in the lowest-paid enlisted ranks. About 12 percent were officers. Three- quarters of the troops died in hostile incidents: most often, homemade-bomb explosions, small-arms fire, rocket attacks. A quarter died in illnesses or accidents: truck and helicopter crashes and gun discharges. On average, the service members who died were about 26. The youngest was 18; the oldest, 59. About half were married, according to the death roll, which does not include a handful yet to be identified by the Defense Department and three civilians who worked for the military. Part-time soldiers, the guardsmen and reservists who once expected to tend to floods and hurricanes, were called to Iraq on a scale not seen through five decades of war. Increasingly, Iraq is becoming their conflict, and in growing numbers this spring and early summer, these part-time soldiers died there. Ten times as many of them died from April to July of this year as had in the war's first two months. American women, too, have quietly drawn closer to combat than they had in half a century. At least 24 female service members died in Iraq, more than in any American conflict since World War II, a stark sign of a barrier broken. Many Hispanics, once underrepresented in the armed forces, have fought and died in striking numbers. At least 122 Hispanics have died in Iraq, meaning that they died at a rate disproportionately high for their representation in the active forces and among the deployed troops. Among the dead were 39 service members who were not American citizens, significantly more than had died in Vietnam or Afghanistan, according to Defense Department records. Most of the troops - 85 percent - died after President Bush declared major combat operations over on May 1, 2003. Nearly 15 percent died after the United States turned over sovereignty to Iraq's new leaders this June. The deadliest month was this April, as insurgents stepped up their attacks. Nearly as many American troops died that month as had in the initial invasion. The Pentagon says it does not track or release estimates of the number of Iraqis killed since the war began, although some independent groups have offered widely varying estimates. (A group called Iraq Body Count said Iraqi civilian deaths exceeded 11,000.) Among Americans, especially the relatives of service members who have died, the meaning of the toll is already a matter of feverish, sometimes bitter, debate. Some say they view the number of deaths - and the injuries to more than 7,000 other Americans - as a tragic but unavoidable price of war, and one that seems modest beside the death toll from Vietnam, which was 58,000. About 380 troops died in the Persian Gulf war of 1991, and some 97 in Afghanistan. Any questions about the mounting numbers in Iraq, these relatives said, served as a rejection of the troops' mission, an insult to their lost soldier's work. "The loss is there, of course, but we also know the honor and the pride," said Kelby McCrae, himself a captain in the National Guard and the son of a veteran soldier. His younger brother, Erik, was killed in June. "We're just so honored at the sacrifice he gave." But others said they worried that their soldier's sacrifice in Iraq might be forgotten as more months pass and people grow inured to news of so many deaths, one after the next in this war. The Guard and the Reserves: 'Weekend Warriors' Go Full Time Eric S. McKinley was a baker and a part-time soldier. He dyed his hair strange colors and pierced his body in places his mother sometimes wished he had not. His six-year stint in the Oregon National Guard was supposed to end in April, but it was extended, and Specialist McKinley died June 13 when a bomb blew up near his Humvee near Baghdad. Specialist McKinley's father, Tom, said he was left with a haunting conviction: that guardsmen and reservists are now being asked in record numbers to fight the same lethal wars as full-time soldiers, but without the same level of training, equipment or respect. Dozens of parents and spouses of guardsmen - some who died and others still serving in Iraq - said they shared Mr. McKinley's worries as they wrestled with what the role of the nation's 1.2 million part-time service members once was and what it was becoming. "They are not prepared for this, not emotionally and not with their gear and equipment," said Mr. McKinley, of Salem, Ore. "There's this opinion that these guys are just 'weekend warriors,' and we'll have them do all the things the regular army doesn't have time to do. But these guys are being asked to put their lives on the line just as much as everyone else. These guys are yanked from their lives, and yet they aren't treated the same." During special training at a base in Texas before he left for Iraq, Specialist McKinley told his father that his Guard unit was getting only two meals a day, while regular units ate three. And in Iraq, on the day of his death, Specialist McKinley's fellow guardsmen said he was in a Humvee reinforced with plywood and sandbags, not real armor. Cecil Green, a spokesman at Fort Hood where Specialist McKinley's unit trained before it left for Iraq, said all soldiers - regular and part time - were fed equally. But Col. Mike Caldwell, deputy director of the Oregon National Guard, said his troops had complained about unequal conditions during training there in months past. "There were a lot of problems in their treatment," Colonel Caldwell said. "It was deplorable. They were treated like slaves in some respects." Thomas F. Hall, the assistant secretary of defense for reserve affairs, acknowledged in a telephone interview last week that since the terrorist attacks of 2001, the nation's reserve components had been called in numbers unknown since perhaps World War II. But those part-timers sent to Iraq are trained and equipped to the same level as any active-duty troops, Mr. Hall said. "It's no longer your father or your grandfather's Guard and Reserves," Mr. Hall said. "A lot of this is a leftover vestige from a time in which we didn't perhaps equip and train our Guard and Reserve as we need to." Any shortages of equipment - of armored Humvees or protective gear - have been faced by all types of troops, not just guardsmen, he said. And Mr. Hall insisted that no one, not even him, could distinguish between part--s and others when it came to Iraq. "They look the same. Their standards are the same. Their training is the same," he said. Recently home from Iraq with an injury, Specialist Andrew Cross, a member of the North Carolina National Guard, said the only difference he discerned was a little taunting. "Sure, they say stuff about you not being full time,'' Specialist Cross said, "but who cares what they say." Specialist Cross's best friend, Specialist Daniel A. Desens, who listened to Bob Marley and Dave Matthews with him as they rolled along in their Bradleys in Iraq, was one of at least 179 guardsmen and reservists killed there, the records of those identified as of yesterday show. Their deaths make up less than a fifth of those killed, but the timing of their deaths underscores the changing makeup of American forces in Iraq. In the first weeks of war, only a small group of reserve forces was sent to Iraq, and only a few died. The numbers grew swiftly this year, and reserves and guards now amount to about 40 percent of the forces deployed to Iraq, and maybe still more soon. Back in Oregon, Colonel Caldwell said leaders were busy arranging more deployments for some of the state's 8,400 Army and Air National Guard troops in the coming weeks, even as gloom lingered over the headquarters. Four Oregon guardsmen, including Specialist McKinley, died in a 10-day stretch. Nationally, Mr. Hall said, recruiters may fall 1 percent short of their goals for new Guard members when the annual count is taken at the end of September. In Oregon, Colonel Caldwell predicted direr shortfalls: 10 percent to 15 percent. "I think it's pretty obvious what's happening," he said. "People have realized: you join the Guard in Oregon, you're going to be mobilized." The Women: Dying, in a Role Quietly Redefined Before she left her home in Richmond, Va., Leslie D. Jackson's Junior R.O.T.C. instructor warned her that although women might not officially be on the very front line of a ground war, they were edging ever closer - and the line itself, if ever there was one in Iraq, had grown dangerously blurry. "I told her that even combat support roles could still take you places that maybe you should not be," said Master Sgt. Earl G. Winston Jr., who taught Private Jackson at George Wythe High School. "But she said she was ready to accept the challenge. She said she did not want her fellow soldiers, most of them men, to think that she wasn't every bit as good as them." Private Jackson, who had talked her reluctant mother into letting her sign up for the Army when she was 17, died on May 20 in Baghdad. The truck she was transporting supplies in hit a roadside bomb. She had finished basic training eight months before, and had turned 18, making her the youngest of 24 women who have died in Iraq. Not long before, she had sent an e-mail message to her former principal, Earl Pappy, to say that she was spending long hours driving trucks and had been unnerved at seeing a soldier killed for the first time right before her: " 'I left home as Mommy's little girl,' ''= Mr. Pappy said she wrote, " 'and I'm coming back as a strong woman.' "She told me she wouldn't be in combat, and I don't think women should be," said Viola Jackson, Private Jackson's mother. "But then again, they joined the Army, and I guess you've got to do whatever the other people are doing. I don't know. What I know is she was a sweet child." Women make up some 10 percent of American forces in Iraq and Afghanistan, but they account for less than 3 percent of the 1,000 deaths in Iraq. Still, more women have died there than in any conflict since hundreds died in World War II - a certain if somber sign of how women's roles in the military have grown in the last decade. More surprising, though, to advocates on both sides of a long- simmering debate over what women should and should not do in times of war has been the public's reaction to the loss of 24 women. Mostly, there has been silence. "What it means is that our view of women has changed," said Lory Manning, director of the Women in the Military Project at the Women's Research and Education Institute in Washington and a retired 25-year veteran of the Navy. "Within our minds, women are doing a lot of athletic things. They're SWAT team members and firefighters now. This is worldwide. So people see this as less horrible. The horror of death is equal now." But others, like Elaine Donnelly, president of the Center for Military Readiness, an independent public policy group in Livonia, Mich., said Americans were largely oblivious to the role women were playing in Iraq and would be disturbed if they knew. Female soldiers who die receive little attention, she said, except in small hometown newspapers; the same is true of the 207 women who have been injured in Iraq. Shortly after the war began, there were hints of the nation's discomfort when three female soldiers, including Pfc. Jessica Lynch and Specialist Shoshana Johnson, were taken hostage, and one of them, Pfc. Lori Ann Piestewa, was killed, Ms. Donnelly said. In images broadcast around the world, Specialist Johnson looked terrified, her eyes darting. "The risk of capture is why we oppose women in combat," said Ms. Donnelly, who wants the Pentagon to reconsider the jobs close to combat that women now hold. "We're a civilized nation. Violence against women is wrong. I hope that we don't become that kind of a nation that doesn't care about this sort of thing." Eight women died in Vietnam. Sixteen died in the first Persian Gulf war. Three died in Afghanistan. And through most of that time, people have argued over what place women should take in war. Women have served in the American military since 1901, and others quietly did unofficial military work as early as the Revolutionary War. But in 1948, Congress adopted the Armed Forces Integration Act, which capped women at 2 percent of the services and barred them from serving on combat planes and combat ships. After Vietnam, and the end of the draft, the restrictions on women began to fade, one by one. By 1994, women were allowed to fly combat aircraft, to serve on fighter ships but not submarines, and to fill ground jobs except those most directly on the front lines: special forces, infantry, armor, artillery. But in Iraq, the jobs that women could fill - as drivers in convoys bringing supplies to troops and as members of military police units - came under attack from homemade bombs and mortar fire, too, and the notion of a front line seemed no longer to fit the conflict. Nearly all of the women killed were full-time soldiers in the Army. And two-thirds of them died in hostile situations, not in accidents or because of illness. Even Ms. Manning, who supports bigger roles for women in the military, said she was surprised at the degree to which women had been included in critical operations, including patrolling checkpoints. In part, their role may have been a necessary outgrowth of cultural differences in Iraq. Female soldiers were needed when Iraqi women were searched or questioned. Still, Ms. Donnelly and other critics say, the scars from so much change are being ignored: What will come of the children, they asked, who lose their mothers to war? Sgt. Tatjana Reed, a single mother, was killed on July 22 when a bomb exploded near her convoy vehicle. She had signed papers leaving her 10-year-old daughter, Genevieve, in the care of relatives near her base in Germany, expecting the arrangement to be temporary. Sergeant Reed "always said, 'What a man can do, I can do,' '' recalled her mother, Brigitte Dykty, who lives in Clarksville, Tenn. "Sometimes I wish she hadn't thought that." The Hispanics: Underrepresented, Except on Death Rolls Five years ago, the National Council of La Raza, an advocacy group for Hispanics, released a scathing study of Hispanics in the United States military. The central finding was that the military was not employing as many Hispanics as it should. In 1996, the study said, Hispanics 18 to 44 made up more than 11 percent of the civilian work force but accounted for less than 7 percent of the military's active forces. The military took notice, and the Marines, in particular, began a serious recruiting effort aimed at Spanish-speaking markets, said Lisa Navarrete, vice president of the advocacy group. "They took it very, very seriously," Ms. Navarrete said. By 2004, Latinos accounted for 9.2 percent of all active-duty forces and about 10 percent of those forces deployed to Iraq nd Afghanistan. That news came with a distinctly bittersweet edge. Of the 1,000 killed in Iraq, at least 122, or more than 12 percent, were Hispanic, according to the Defense Department, which says ethnicity was not tracked by the same measures in previous wars. "It seems that in a time of peace, we're underrepresented," Ms. Navarrete said quietly. "In a time of war, the situation is completely changed." One reason for the high rate of Hispanic deaths in Iraq is that Hispanics = account for a particularly large segment - more than 13 percent - of the Marines, the ground troops who suffered significant losses early in the war, as well as in the uprisings of recent weeks. Some of those who died fighting for the United States were not even citizens. At least 39 noncitizens - many, though not all, of Hispanic heritage - were among the dead. Legal residents of this country have long served in the armed forces, but records of their deaths in war are hard to find. The official Defense Department records show that one noncitizen died in military duty in Vietnam and three in Afghanistan. In 2002, Mr. Bush issued an order shortening the waiting periods for service members and their families seeking citizenship, and Congress made those changes permanent with a law that takes effect in October. Some anti-immigration advocates said that military service alone was not a qualification for citizenship, while others worried that the changes might induce some immigrants to enlist in hopes of speedy citizenship. "But the bottom line, whatever the casualties, is that people are going to continue to join because they have to," said Rodolfo Acuna, a professor of Chicano studies at California State University, Northridge. "They want to live better. They want to get money. They want to better themselves." Rey David Cuervo was born in Tampico, Mexico, but his mother, Rosalba Kuhn, took him to Texas when he was 6. She was a maid in Port Isabel. He was an only boy among three sisters, the quiet one with just a handful of friends. At age 8, she said, he went to her carrying a picture of the American flag and explained that he planned to join the American Army. "He said that this is all he wanted," she recalled not long ago. "He said if they wouldn't take him in the Army here, then he'd go back to Mexico and sign up there." In 1999, he left for basic training. "I was so proud," Ms. Kuhn said. "When I came here, my dreams were that I would see my kids here, see them learn the language, see them get a better life for themselves. Part of that was wanting to see my son in an American uniform." Ms. Kuhn said she thinks of her son every day when she wakes up. She lights candles for him. She holds a hat of his under her nose and breathes it in. In the sadness, though, Ms. Kuhn said she had no anger. Her son wanted to go into the Army. He wanted to go to Iraq. He chose his future. Private Cuervo, who once told his mother that he planned to retire from the military after 20 years and then buy a big house, died on Dec. 28, 2003, when a bomb exploded. He was 24, one of 32,000 noncitizens in the armed forces. The government granted him citizenship after he died. The Small Towns: When the Population Is Reduced by One There are no sidewalks along the quiet streets of Shelton, Neb., but there is red-white-and-blue bunting, a little faded now, and tattered black ribbon tied to the street posts. Not that anyone here needs to be reminded about Kyle Codner. The nation's small towns experienced more than their share of death in Iraq, a clear reflection of their representation in the nation's military services. Not only did death arrive in disproportionate numbers in these towns, but each death seemed to echo louder and longer than it might have in a big city. One resident here compared Corporal Codner's death on May 26 to a tornado whipping up in the Midwest and zeroing in on this town of 1,100 people. "The word 'shock' is overused, generally," said Lynn McBride, the chairman of Shelton's village trustees and a schoolteacher. "But it understates the feelings about this. We're all in it together here, and there was a feeling that this couldn't be true." To Shelton, Corporal Codner was the son of Dixie and Wain Codner. He was one of 19 graduates of Shelton High in 2003, and one of two to go off to the military. He was the basketball player with the blond girlfriend, each of them usually on the king and queen court. He was the clerk at J. R.'s Mini Mart. He was the kid who got his photograph taken in front of the old military tank that sits at the town's entrance, and the student named in the yearbook as "Most Likely to Kick Some Terrorist Butt." Nebraska and a long list of states in the country's middle and South had some of the highest death rates per capita. Many of these states are considered Republican strongholds. Vermont, a Democratic-leaning state in the presidential race, had the most deaths per capita. Among swing states in the presidential race, Oregon, Maine and Iowa had heavy losses. No one can be sure what role the deaths in Iraq will play in this election = season. Nebraska has been more reliably Republican through five decades of presidential races than any other state. Still, Democrats in Nebraska say the war and the death toll of 14 is stirring political discussion. "The Republican voting bloc is persuadable here, especially when you're talking about sending your sons and daughters to war," said Barry R. Rubin, executive director of the Nebraska Democratic Party. "One thing about Nebraska is we are very independent-minded people, and people are seriously questioning the merits of this war." But along the streets of Shelton last weekend, most people said they backed the war, and would probably vote for Mr. Bush. Among them was Corporal Codner's best friend from childhood, Matthew S. Walter, 19 and preparing to vote in his first presidential election. "I don't think= I like what John Kerry has to say,'' Mr. Walter said. Most people interviewed said they did not see Corporal Codner's death through the prism of politics. "I sense no bitterness or contrition whatsoever about Kyle,'' Mr. McBride said. "I've never heard any of that. I think the overall feeling is that we're grateful he died the way he did - serving his country." About eight miles away, back at Ms. Codner's kitchen table, the Codners said they would vote against President Bush, one of the many people Ms. Codner describes as "someone without skin in the game." She and her husband go to sleep thinking of the boy in the circle of class pictures on their living room wall, she said, and then they wake up thinking of him. In the moments when other thoughts crowd out those memories, Ms. Codner said, something always brings him back. On Friday, it was the mail. Four packages that had been sent to her son in Iraq were returned to her, unopened. A yellow form on the front of the boxes gave a curt explanation in the form of a checked box: "Deceased." The Codners tried to discourage their son from joining the Marines during his senior year in high school, but when he complained that they were not being supportive, they tried to go along. Wain Codner said the town's embrace helped his family the first weeks after his son's death. "The support was incredible," he said. "But then, people go on with their lives." A few days before Corporal Codner died, he sent home a roll of film. His family developed it, then waited, hoping he would call, so he could tell them exactly what they were seeing. The mysterious stack of pictures still sits on the kitchen table. One shows Corporal Codner, with a wide smile, beside an Iraqi child. In another, a thick automatic weapon dangles around his neck, seeming to dwarf his slim frame. Another shows just a sleeping bag and pad, arranged carefully on a concrete block. This is probably where he slept, his parents surmise, but they will never be sure. Tom Torok and the research staff of The New York Times contributed to this report. Copyright 2004 The New York Times Company ---------*---------*---------*---------*---------*---------* 3) U.S. Forces on Offensive in Iraq Rebel Strongholds By Luke Baker BAGHDAD (Reuters) Thu Sep 9, 2004 09:28 AM ET http://www.reuters.com/ newsArticle.jhtml?type=topNews&storyID=6193417&src=eDialog/ GetContent§ion=news BAGHDAD (Reuters) - U.S.-led forces launched operations in three Iraqi rebel strongholds on Thursday, killing nearly two dozen insurgents in a town near the Syrian border and bombing targets in Falluja for the third straight day. Fierce fighting around the town of Tal Afar, a suspected haven for foreign fighters about 100 km (60 miles) east of the Syrian border in northern Iraq, left 22 insurgents dead and more than 70 wounded, a local government health official said. "The situation is critical," Rabee Yassin, general manager for health in Nineveh province, told Reuters. "Ambulances and medical supplies cannot get to Tal Afar because of the ongoing military operations." There were no immediate reports of any U.S. or Iraqi government casualties in the fighting which local government sources said had killed 57 since Saturday. U.S. forces said the assault was in response to provocation after they and Iraqi security forces "were repeatedly attacked by a large terrorist element that has displaced local Iraqi security forces throughout recent weeks." "These attacks by terrorist groups included rocket-propelled grenades, small arms fire, mortars and roadside bombs, and resulted in civilian casualties," the military said. Further south, U.S. warplanes bombed rebel-held Falluja for a third successive night. The U.S. military said the assault was part of a "precision strike" on an operating base for Abu Musab al-Zarqawi, a Jordanian militant Washington says is allied to Osama bin Laden's al Qaeda network. "The target was a building frequently used by terrorists at the time of the strike. Three Zarqawi associates were reported to be in the area, no other individuals were present at the time of the strike," the statement said. DOCTORS SAY CHILDREN KILLED But doctors in Falluja said at least eight people were killed. Doctor Rafi Hayad said four of them were children and two women. Iraq's Health Ministry said at least 16 people had been killed in fighting in Falluja in the past 24 hours. Reuters Television pictures showed several bloodied and heavily bandaged children being treated in a Falluja hospital. The United States blames Zarqawi for masterminding a series of suicide bomb attacks and the killing of several hostages. It has offered a $25 million reward for his capture. A statement posted on an Islamic Web Site and claiming to come from Zarqawi's group said four of his militants had been killed in the U.S. bombardment of Falluja earlier this week. The past few days have seen a surge in attacks and clashes in Iraq that pushed the official Pentagon U.S. death toll for the war to above 1,000. The Pentagon has admitted that U.S. and Iraqi forces are not in control of strongholds of the insurgency like Falluja, Ramadi and Samarra. U.S. forces entered Samarra on Thursday for the first time in weeks to try to reestablish Iraqi government control there. A military statement said the troops went in to install a temporary mayor and police chief, set up a local council and assess police stations. There were no reports of clashes. NO WORD ON HOSTAGES Besides trying to contain the insurgency, Iraq's government is also grappling with a hostage crisis. In one of the most brazen abductions so far, two Italian women aid workers and two Iraqi colleagues were snatched from their office in central Baghdad in broad daylight on Tuesday. No word has yet emerged from their captors. Since April, people from more than two dozen countries have been kidnapped as guerrillas have tried to force foreign troops and firms to leave. More than 20 foreign hostages have been killed, including two Italians. The latest kidnappings has piled more pressure on Italian Prime Minister Silvio Berlusconi. Most Italian voters strongly oppose Italy's role in Iraq, where it has sent 2,700 soldiers. Foreign Ministry Undersecretary Margherita Boniver flew to the Middle East on Thursday to seek help in securing the women's release. The abductions are likely to fuel uncertainty over the fate of two French journalists, Christian Chesnot and Georges Malbrunot, who have been held since Aug. 20 despite intense diplomatic efforts to free them. The seizure of the aid workers is also likely to trigger an exodus of the 50 or so remaining foreign humanitarian workers in Iraq. (c) Copyright Reuters 2004. ---------*---------*---------*---------*---------*---------* 4) Israel Kills 4, Including 9-Year-Old, in Gaza By Nidal al-Mughrabi JABALYA, Gaza Strip (Reuters) Thu Sep 9, 2004 09:43 AM ET http://www.reuters.com/ newsArticle.jhtml?type=topNews&storyID=6193616&src=eDialog/ GetContent§ion=news JABALYA, Gaza Strip (Reuters) - Israeli forces thrust into Gaza's largest refugee camp on Thursday, killing four Palestinians including a 9-year-old boy, as the army tightened its grip on the northern part of the coastal strip. Scores of gunmen fought a column of tanks and armored vehicles as Israeli troops took up positions in and around the teeming Jabalya camp, a militant stronghold, in an operation the army said was aimed at stopping rocket fire into Israel. Helicopter gunships fired missiles into the camp of 100,000 inhabitants as Israeli forces sealed it off in Israel's biggest incursion in the northern Gaza Strip in months. Munir el-Deqqes was shot in the chest while playing with friends outside his grandfather's house, witnesses said. "How can anyone blame children playing in the street?" said the boy's uncle. "Munir was a victim of blind Israeli retaliation." At least 35 people, including militants and civilians, were wounded by Israeli fire, medics said. A military source said soldiers had shot only at armed men. It was the latest chapter in Israel's military response after suicide bombers killed 16 people in southern Israel last week. The raid marked a widening of Israel's incursion that began on Wednesday when forces swept in and seized control following a barrage of makeshift rocket strikes in southern Israel. The latest spiral of violence could further complicate Israeli Prime Minister Ariel Sharon's plan to withdraw troops and settlers from the occupied Gaza Strip by the end of 2005. Palestinian militants are determined to claim any Israeli pullout as a victory, but Israel has vowed to smash them first. PALESTINIAN CONDEMNATION "We urge the ... civilized world to stop these crimes by Israeli occupation forces and call on the United States to shoulder its responsibilities toward the peace process," Palestinian Foreign Minister Nabil Shaath said in a statement. Israel's army killed 14 Hamas fighters at a Gaza training camp on Tuesday in the deadliest strike ever against the militant Islamic group, which is sworn to Israel's destruction. Hamas, responsible for a double suicide bombing in the Israeli city of Beersheba on August 31, vowed revenge for the Israeli attacks. In the second day of Israel's incursion in northern Gaza, the army said its forces had penetrated to the first row of houses in eastern Jabalya. Israeli commanders have usually been reluctant to send forces deep into Jabalya's cramped alleys, where they would be vulnerable to booby traps and bombs planted by militants. "We won't stay there forever," a senior Israeli official said. "But we have to conduct forays just to keep them (the rocket crews) off balance." Medics said troops shot dead four people in Jabalya, including at least one Hamas militant. It was not known if two other dead, both men in their 20s, were militants or civilians. Israeli forces surrounded Beit Hanoun and Beit Lahiya on Wednesday -- towns that have been frequently raided -- and bulldozers tore up stretches of road to cut off the area. By Thursday, shops were getting low on supplies. Despite the two-day-old raid, militants managed to fire several primitive Qassam rockets from fenced-in Gaza toward the Israeli town of Sderot. There were no reports of casualties. In a game of cat-and-mouse, militants in some cases use timers so they can escape minutes before the rockets are launched, Palestinian sources said. The army said soldiers in northern Gaza destroyed three welding machines on Thursday used to make the rockets. (c) Copyright Reuters 2004. ---------*---------*---------*---------*---------*---------* 5) Family 'Thanks' Bush for Death of Son WKYC-TV Wednesday 08 September 2004 http://www.truthout.org/docs_04/091004Z.shtml THOMPSON - In Geauga County, anger and frustration over the death of a young soldier inside Iraq has prompted one family to send a personal message to President Bush. Ken and Betty Landrus have put up a large sign outside their home near Thompson, Ohio that is sharply critical of the Bush administration. The sign reads "Thanks Mr. Bush for the death of our son." Their son, Staff Sgt. Sean Landrus was killed near Fallujah in January. They believe the president misled the country about the reasons for invading Iraq and that their son died for nothing. "Yes I do feel lied to because they kept saying there's mass destruction and nobody's found anything yet," father Ken Landrus said. Sean Landrus also left behind a wife and three young children. His youngest daughter, Kennedy, was born just before Sean left to serve inside Iraq. ---------*---------*---------*---------*---------*---------* 6) USA: Chevron donates to Schwarzenegger, gets removal of restrictions on oil refineries in California by Tom Chorneau , Associated Press Friday, September 03, 2004 - SACRAMENTO http://www.corpwatch.org/article.php?id=11519 Friday, September 03, 2004 - SACRAMENTO - Gov. Arnold Schwarzenegger's ambitious plan to reorganize almost every aspect of state government was influenced significantly by oil and gas giant ChevronTexaco Corp., which managed to shape such key recommendations as the removal of restrictions on oil refineries. Many corporations and interest groups participated in the governor's reform plan - known as the California Performance Review - but state records and interviews with the participants show Chevron enjoyed immense success in influencing the report through its array of lobbyists, attorneys and trade organizations. And few corporations have spent so much political cash on the governor, either. Since Schwarzenegger's election last October, the San Ramon company has contributed more than $200,000 to his committees and $500,000 to the California Republican Party. Chevron, whose officials acknowledge they lobbied hard to get their ideas in the report, is one of about 20 companies that paid to send the governor and his staff to this week's Republican National Convention in New York. On Wednesday, Schwarzenegger attended a closed-door meeting in New York with representatives of those companies, including Chevron. And just three weeks after the governor's office released the 2,700-page reorganization report, the company gave $100,000 to a Schwarzenegger- controlled political fund. Environmental watchdogs and local agencies that regulate some of Chevron's operations complain that they had no such access, and that their counterproposals appear nowhere in the massive report. Top reform project Disclosure of Chevron's determined role in what many believe is the administration's most important political reform effort contrasts sharply with statements he made during last year's election campaign and afterward in which he promised to sweep out a corrupt system where "contributions go in, the favors go out." Schwarzenegger launched the reorganization effort in January, calling the state bureaucracy a "mastodon frozen in time" that needed to be reviewed from top to bottom to eliminate waste and duplication. The administration said the recommendations in the report would save $32 billion over five years, a claim analysts said is exaggerated. Although the governor's senior aides helped organize and oversee the reorganization effort, a spokeswoman for Schwarzenegger said the review staff, not the governor's office, was responsible for the report. Schwarzenegger announced the review in January and then appointed its two top members, who then assembled the rest of the staff. Ashley Snee, the governor's deputy press secretary, said it was premature to assume any of the recommendations will be adopted and that those who are unhappy with parts of the report can comment at a series of statewide hearings on the proposal. Beneficial proposals Proposals that would benefit Chevron are peppered throughout the four-volume report. They include: - Streamlining the permit process for the construction of new oil refineries and the expansion of existing ones. Chevron, which owns two of the state's largest refineries in Richmond and El Segundo, wanted the state's help in revising existing laws so local government officials would be required to make decisions more quickly on construction permits at refineries. - Streamlining the activities of the San Francisco Bay Conservation and Development Commission. That agency, which issues permits for dredging and sand mining in the Bay Area, oversees activities related to Chevron's interests in the Bay Area. - Reorganizing the regulatory process for picking the locations for refineries, tank farms, liquefied natural gas and other energy facilities. Chevron has two proposals to build liquefied natural gas (LNG) facilities in Southern California and the Mexican state of Baja California. But Mark Petracca, a University of California, Irvine political scientist, said Chevron's considerable influence on the CPR report may taint the whole review because the study was presented to the public as an objective and authoritative analysis of how to fix state government. "This is good old fashioned interest-group politics," Petracca said. "Powerful people who have money can hire powerful people and use occasions like this report to set the agenda for policy beneficial to those interests." Under scrutiny In response, Snee repeated that the report was independent of the governor's office. Chevron's operations have drawn steady and critical scrutiny from state and federal regulators, including a settlement last October of a lawsuit with the U.S. Justice Department that required the company to install $275 million in air pollution equipment and pay $3.5 million in civil penalties. Company officials said they were just doing their jobs through their vigorous participation in the CPR process, which included meeting with senior aides to the governor. "This is what we are here for," said Jack Coffey, Chevron's general manager over state government relations, from New York where he was attending the Republican convention. Chevron learned about the CPR early and "obviously understood their agenda," Coffey said, adding that while there was direct contact by company lobbyists, most contact came through trade groups of which Chevron is a member. "We made an effort to feed those trade associations who were more active." But, Coffey said, Chevron's donations to Schwarzenegger are because of his "pro-business agenda" and have nothing to do with the CPR report. Chevron's concerns In an interview, Chevron lobbyist K.C. Bishop said he met with Richard Costigan, Schwarzenegger's legislative affairs secretary, in April or May, about trouble the company was having with routine refinery permits and proposed legislation on the issue. At the end of the discussion, Bishop was directed to the CPR staff, which he visited a week or so later. Neither the meeting with Costigan nor with CPR staff were reported in Chevron's quarterly lobbying filings. Also acknowledged in the CPR report were Bishop; Mike Barr, a lawyer with the San Francisco-based firm Pillsbury Winthrop and who represents Chevron; and affiliated lobbyists of the Western States Petroleum - Kahl/Pownall Advocates - of which Chevron is also a member. Meanwhile, the Bay Planning Coalition - a business-oriented group of which Chevron is a board member - contacted the governor's cabinet secretary over problems its members were having with the San Francisco Bay Conservation and Development Commission. Schwarzenegger's staff sent the coalition's issue to the CPR staff, which met with the coalition sometime in April, according Ellen Johnck, the coalition's executive director. Complaints lodged A letter from the coalition outlining the complaints - including some lodged by Chevron - was used a primary source for the CPR report that concluded BCDC had overstepped its authority. Although BCDC officials offered significant documentation to rebut the allegations, none of the commission's defense was included in the CPR report. In its section about making it easier to locate refineries or LNG plants, the CPR report cites attorney Mike Carroll of the law firm Latham & Watkins as a source. Based in the firm's Orange County office, Carroll represents Chevron on a variety of regulatory issues, according to the firm's Web site. Carroll did not return telephone calls for comment from the Associated Press. Chevron has two LNG proposals - a $650 million facility that would be built offshore on an island near Tijuana in Baja California; and a second plan that would place a facility at Camp Pendleton in Orange County. Schwarzenegger is expected to meet with Mexican officials in Mexicali later this month. One expected topic of discussion is Chevron's LNG proposal. FAIR USE NOTICE. This document may contain copyrighted material whose use has not been specifically authorized by the copyright owner. CorpWatch is making this article available in our efforts to advance the understanding of corporate accountability, human rights, labor rights, social and environmental justice issues. We believe that this constitutes a 'fair use' of the copyrighted material as provided for in section 107 of the U.S. Copyright Law. If you wish to use this copyrighted material for purposes of your own that go beyond 'fair use,' you must obtain permission from the copyright owner. ---------*---------*---------*---------*---------*---------* 7) The Beslan hostage tragedy: the lies of the Putin government and its media By Vladimir Volkov 8 September 2004 http://www.wsws.org/articles/2004/sep2004/puti-s08.shtml The hostage-taking tragedy in the town of Beslan in North Ossetia has demonstrated the lengths to which the ruling elite in Russia is prepared to go in deceiving its own people. Four days after the hostage drama began with terrorists seizing over 1,000 children, parents and teachers, elementary facts still remain unclear. The Russian government has denied the people the most important and elementary right-that of reliable, rapid and extensive information on what has taken place. From the beginning of the crisis on the morning of September 1 to its tragic end two days later, leading politicians, representatives of the secret police and the major media outlets in Russia conducted a deliberate campaign of disinformation regarding the extent of the catastrophe and its dreadful consequences. Lie number one: the number of hostages From the outset, the number of hostages was deliberately underestimated. The official figure of 354 hostages was repeated by television channels and in the public appearances of government representatives up to the point of the storming of the school building. Early on in the crisis, much higher figures for the hostages were provided by newspapers and Internet sources, yet the television networks held firm to their original claim. After talks September 2 between the hostage takers and the former president of Ingushetia, Ruslan Auschev-resulting in the release of 26 women and children-the media repeated its estimate, even though the real extent of the hostage taking could at that stage hardly be concealed. Auschev had seen how many people had been incarcerated in the gymnasium hall. One of the women released September 2 told the press: "There are many hostages, very many. I think a thousand." Another woman whose two children remained in the school said: "According to the list 860 children attend the school. Maybe half of them did not come to the school's opening ceremony. Then there are the parents. Look around at how many people are standing here. Here in the House of Culture there are 1,000 people and all of them have at least one relative or child in the school." Similar reports appeared in newspapers and Internet magazines. Nevertheless the television channels remained stubbornly attached to their original figure. Lie number two: the terrorists had posed no demands At the outset of the drama, a decision was made at the highest political level that under no circumstances would information be released concerning the terrorists' demands. This was a lesson that the Putin government had drawn from the hostage drama at the Moscow Musical Theatre "Nordost" in 2002. Relatives of the hostages then held captive inside the theatre had demonstrated for an end to the Russian war in Chechnya. The demand met with widespread popular support, and the Kremlin has had great difficulty suppressing this political sentiment. This time it was claimed that the terrorists had made no demands. A statement calling for an end to the Chechen war and the withdrawal of Russian troops made at the start of the hostage crisis by an Islamist group was kept secret. In addition, the government maintained that all of its efforts to make contact with the terrorists had been ignored. On September 6, the newspaper Novaya Gazeta reported that as early as the afternoon of September 1 and not far from the school, "Parents of children being held in the school had addressed the Russian president in a video. They called upon him to fulfill all the demands of the terrorists in order to save the lives of the children." All the major television and other media outlets kept this information secret for a considerable period. According to numerous witnesses, the hostage takers made no secret about their demands. For example, on September 3, Izvestia interviewed a teacher who had been released along with her three-year-old daughter. Question: "Did the terrorists tell you their demands?" Answer: "They said they had just one demand: the withdrawal of Russian troops from Chechnya." Lie number three: there were no plans for storming the building Immediately after news of the hostage taking broke, leading to widespread popular anguish, representatives of the Russian government declared that everything would be done to avoid an armed assault on the school by security forces. In fact, nothing was done to prevent such a storming of the school. According to a commentary in the newspaper Izvestia, the drama "took the worst possible turn." The government sought to hide its own failure by claiming that the storming of the building had not been prepared, and even that there were no plans for such an action. This claim is contradicted by a series of facts and reports by witnesses. On September 3, the paper Nezavicimaya Gazeta reported that "intelligence forces were preparing to storm the school." The paper referred to the fact that on the night of September 1 specially equipped military transport planes had landed in North Ossetia. The paper also said it was presumed that the anti-terror unit "Alfa" had been flown in. It is now known that "Alfa" and another anti-terror unit, "Vimpel," played the decisive role in the storming of the building. The very fact that, following the unexpected exchange of fire on September 3, the terrorists immediately began shooting and set off previously installed explosives indicates that they were sure a storming of the building would take place. Bearing these facts in mind-the demands of the terrorists that were never disclosed, the refusal of the government to undertake any discussions with the hostage-takers, the scale of the censorship of information regarding what was taking place inside the school and the positioning of the special forces units in the front line-the newspaper Gazeta.ru concluded on September 4: "The storming had in fact been prepared and was to have been carried out within the next two days. Without water, the children could only have survived for three or four days, and then it would have no longer been possible to rescue most of the hostages. However, on Friday they were forced to take action." Lie number four: the number of victims Even after the catastrophe had taken place-bombs had gone off in the gym, part of which had collapsed-the government and the media continued to lie by minimizing the number of casualties. The official death toll rose only as the bodies began to be counted. According to government sources on Monday morning, September 6, 335 dead had been counted. At the same time it became clear there existed a list of missing persons totaling 260. According to the radio station "Echo Moscow," these victims feature neither on the lists of those who have died nor on the list of those who have been hospitalized. On Saturday, inhabitants of Beslan, who observed coffins with victims inside being transported from the burnt out ruins of the school, reported t hat they had counted a total of between 500 and 600. Against this background it is hardly necessary to examine the other lies broadcast by the Russian media about the number of terrorists involved-which was also minimized-or the course of events that was officially reported in wildly varying versions. The overall conduct of the Russian media, in particular the major television networks, was shameful. While in the West many television stations devoted special coverage to the events in North Ossetia, often working with Russian cameramen, Russian television refused to interrupt its regular programming. At one point in the crisis, a correspondent for the Russian television channel NTW addressed the camera and bluntly declared, "We cannot say what is happening; we cannot comment on the actions of those involved in the fighting!" It is no wonder that television journalists have been physically assaulted by Beslan inhabitants. As the first information emerged on the real extent of the casualties, outraged bystanders turned on television journalists, lashing out at their cameras and the reporters themselves. The role played by Russian television, however, only expressed the iron-fisted control exerted over the major media outlets by Putin's Kremlin, which has brought every television channel under either direct or indirect state control. The Russian regime has enforced media subservience with intimidation and state gangsterism, which is backed by much of Russia's ruling strata of corrupt businessmen and ex-Stalinist bureaucrats. Putin used the hostage-taking crisis at the Moscow theatre two years ago to consolidate this grip over the media, claiming that it had abused freedom of the press in its coverage. He demanded that the news outlets report nothing that could conceivably aid the terrorists, including their statements or demands, analysis of the events or coverage of Russian military and police operations. This noose is tightening. The editor in chief of Izvestia, Raf Shakirov, announced his forced resignation Monday after coming under fire from the Kremlin and the newspaper's corporate publishers over its coverage of the Beslan events. The paper filled its entire front page last Saturday with a photograph of a man carrying a wounded child from the besieged school. The newspaper also raised pointed questions about the official claim that only 350 people were held hostage and published a stinging column denouncing the self- censorship by the television channels. Meanwhile, a prominent Russian journalist who has reported critically on the war in Chechnya was prevented from reaching the scene of the latest hostage-taking tragedy under circumstances that can only be described as ominous. Novaya Gazeta correspondent Anna Politkovskaya fell sick after drinking tea during the first leg of her flight to Beslan. Rushed to the hospital after landing in Rostov, she was diagnosed with acute food poisoning. According to one report, authorities had blocked her from boarding her original flight, but the captain of another airliner recognized her and invited her aboard. The suppression of the media, together with the impotence of the Russian parliament-the Duma chose not to meet during the crisis, with its leaders affirming that all they could do was issue another statement-are hallmarks of the authoritarian state that Putin is consolidating in Russia. The president's resort to the methods of state censorship, however, is a manifestation of the general impotence and political isolation of the regime as a whole. Under conditions of historically unprecedented social inequality between a thin layer of "new Russian" entrepreneurs and masses of impoverished working people, democratic forms of rule are not possible. While capable of buying off or intimidating his political opponents and much of the media, Putin has proven unable to resolve any of the deepening crises wracking Russia, from the war in Chechnya and other outbreaks of regional separatism, to the generalized corruption and breakdown that characterizes the entire state apparatus and the economy. All of these crises came together to produce the tragedy in Beslan. While these failures are behind the drive to control the media, the ham-fisted censorship carried out in the latest crisis has provoked widespread anger and opposition within the former Soviet Union. The "democratic reforms" that were touted as a byproduct of the collapse of the USSR and the introduction of capitalism have produced instead a media that is in many ways reminiscent of the worst of the Stalinist period, based on lies and deception and dedicated to the suppression of any news that casts the head of state in a bad light. Putin has seized upon the atrocity in Beslan to claim even more authoritarian power and to reject any suggestion of negotiating an end to the brutal war in Chechnya. His transparent aim is to emulate Bush in claiming unlimited power to carry out repression in the name of a "war on terror." While hundreds of thousands turned out at rallies against terrorism that were organized with state support on Tuesday, the mood of outrage was directed not only at the terrorists, but at the government itself. The harshest anger was expressed at a rally in the North Ossetian capital of Vladikavkaz, about 18 miles north of Beslan. The crowd that turned out in the city's central square protested not only against terrorism, but the state authorities as well. "Today, we will bury our children and tomorrow we will come here and throw these devils out of their seats, from the lowest director up to ministers and the president," a speaker at the rally declared. A protest sign raised above the crowd read, "Corrupt authority is a source of terrorism." ---------*---------*---------*---------*---------*---------* 8) Protests Powered by Cellphone By PATRICK DI JUSTO September 9, 2004 http://www.nytimes.com/2004/09/09/technology/circuits/09mobb.html AS thousands of protesters marched through Manhattan during the Republican National Convention last week, some were equipped with a wireless tactical communications device connected to a distributed information service that provided detailed and nearly instantaneous updates about route changes, street closures and police actions. The communications device was a common cellphone. The information service, a collection of open-source, Web-based programming scripts running on a Linux server in someone's closet, is called TXTMob. TXTMob works like an Internet mailing list for cellphones and is the brainchild of a young man who goes by the pseudonym John Henry. He is a member of the Institute for Applied Autonomy, a group of artists, programmers and others who say their mission is to develop technologies that serve the social and human need for self-determination. (The group was behind iSee, a Web site that has maps of surveillance cameras in Lower Manhattan and calculates routes for those seeking to avoid them.) He conceals his identity as part of an agreement with other members of the group and out of concern that he might become the target of an effort to force disclosure of TXTMob members' phone numbers, which are kept in a database he maintains. TXTMob allows people to quickly and easily send text messages from one cellphone to a group of other cellphones. This in itself is nothing new: other mobile networking systems like dodgeball.com and bedno.com already exist. To sign up for TXTMob, users enter their cellphone numbers into the TXTMob Web site, www.txtmob .com. To thwart spammers, the system uses opt-in registration: a machine-generated authorization code is sent to each registered number and must be re-entered into the Web site to activate the registration. TXTMob is designed to carefully maintain members' privacy, not surprising given why most are using TXTMob. The software was not intended for everyday mobile socializing. It was created as a tool political activists could use to organize their work, from staff meetings to street protests. Most of the people using it are on the left: of the 142 public groups listed on the TXTMob site, the largest are dedicated to protesting the Bush administration, the Republican Party or the state of the world in general. When a preliminary version of TXTMob was tested at the Democratic National Convention in Boston in July, about 200 people used it to organize protesters into spontaneous rallies, to warn them about the location of police crackdowns and to direct volunteer medics where they were needed, all in real time. Based on user feedback afterward, some changes were made - primarily beefing up the system to handle a heavier volume of messages - to increase its usefulness for what were expected to be much larger protests during the Republican National Convention. TXTMob had its first major New York workout on the evening of Aug. 27, during the Critical Mass, a loosely organized bicycle ride through Manhattan by anti-Republican protesters. From the start of the ride, participants in a TXTMob group called comms_dispatch sent a slew of messages alerting one another to route changes and warning of traffic snarls. As the ride neared its end, comms_dispatch buzzed with reports of arrests from Second Avenue to 10th Avenue, and around St. Mark's Church in-the-Bowery. On Aug. 29, two days after she took part in the Critical Mass ride, a woman from San Francisco who identified herself only as Josie sat outside St. Mark's and read text messages on her cellphone. Describing herself as a "voracious" TXTMob reader, she credited the service with helping keep her safe during the ride. "It told me where the cops were and where I could rest," she said as she thumbed through the TXTMob messages from that day's United for Peace and Justice march that were arriving on her cellphone at the rate of about one per minute. "It brought me here." As reports of clashes between the police and protesters appeared on her cellphone screen, it became possible to build a mental picture of the march: a burning papier mâché dragon outside Madison Square Garden, barricades on 34th Street, police officers zipping around on scooters, a rally so large that the first marchers had finished before the last marchers had started. That, to Josie, was TXTMob's most important function. "When I can't be at a protest, like now," she said, waving her phone, "it's like I can be there, because I can know what's going on directly from the people who are there in the streets." What might have been TXTMob's greatest moment, the planned flash mob at Union Square on Aug. 31, did not work out as planned. That afternoon, TXTMob subscribers with cellular service from Sprint or T-Mobile stopped receiving messages for nearly four hours, leaving them unaware of the first meeting location. When those who did meet started marching, the police quickly set up a barricade across 16th Street and began arresting the marchers. All told, it took about an hour for the event, loosely organized by the A31 Action Coalition, to go from promise to debacle: 18:15:50 Tue., Aug 31: A31 party mtg at SE corner of Union Sq. 18:37:56 Tue., Aug 31: A31 party look for festive signs. 19:02:51 Tue., Aug 31: A31 party on B-way at 15th headed north. Doing fine. 19:07:02 Tue., Aug 31: A31 party penned in b/w Irving and 16th. More in next message. 19:15:23 Tue., Aug 31: A31 party disperse immediately. What happens to TXTMob after Election Day? The events of last week left the Institute for Applied Autonomy convinced that it has a future, not just as an activist organizing tool but also as a general mobile networking system. The Internet Business Chronicle, an online publication, is using TXTMob to deliver news updates to readers, and the number of party groups is quickly catching up to the number of protest groups. The pseudonymous John Henry said he was looking at keeping the system going and might even expand it to work with cellphones in Europe and Asia. After that, it's anyone's guess. "People keep finding their own uses for this thing, and they're developing it on the fly," he said. "That's what's really exciting." Copyright 2004 The New York Times Company ---------*---------*---------*---------*---------*---------* 9) Ex-Banking Star Given 18 Months for Obstruction By ANDREW ROSS SORKIN September 9, 2004 http://www.nytimes.com/2004/09/09/business/09star.html Frank P. Quattrone, the Wall Street banker whose pay and deals made him a vivid symbol of the 1990's technology boom, was sentenced to 18 months in prison yesterday for obstructing a government investigation into the allocation of hot stock offerings. Mr. Quattrone, 48, who led the initial offerings of companies like Amazon.com and Cisco Systems as a banker at Credit Suisse First Boston, is the most prominent Wall Street figure to face prison since Michael R. Milken pleaded guilty to six securities charges in 1990. Judge Richard Owen of Federal District Court in Manhattan handed down a harsher prison sentence than the 10 to 16 months stipulated by basic federal guidelines, finding that Mr. Quattrone perjured himself when he took the witness stand during his trial and said under oath that he had not intended to impede the government's investigation when he sent a one-line e-mail message at the heart of the case. "It is crystal clear that he was untruthful," Judge Owen said yesterday. Mr. Quattrone, who made $120 million in 2000, was perhaps the most prominent banker in Silicon Valley during the 1990's, assembling a team that brought public many of the biggest names in technology. After that success and the bursting of the technology bubble, Mr. Quattrone and First Boston came under the microscope of regulators and prosecutors, who began investigating whether the bank was soliciting kickbacks from preferred investors, later dubbed Friends of Frank, in exchange for access = to hot stock offerings. While that inquiry did not lead to criminal charges, Mr. Quattrone was charged with hampering the investigations when he endorsed a colleague's e-mail message in December 2000 urging his staff to "clean up those files." Mr. Quattrone's first trial ended in a hung jury, but he was convicted at a retrial. Judge Owen refused Mr. Quattrone's request to remain free while he appealed the case. Mr. Quattrone must surrender to federal prison authorities within 50 days. The judge also fined him $90,300 and initially asked him to make the payment immediately. "There's $50 million in the bank," Judge Owen said. "He can't write a check today?" He then acquiesced to requests by Mr. Quattrone's lawyers to pay the fine within 20 days. Mr. Quattrone's sentence, which includes two years of probation, stands in stark contrast to the one recently given to Martha Stewart, who was also convicted of obstruction of justice. In that case, Judge Miriam Goldman Cedarbaum sentenced Ms. Stewart to five months in prison, plus five months of home confinement. Ms. Stewart was also allowed to remain free pending appeal. The Bureau of Prisons had recommended in its presentencing report that Mr. Quattrone receive the same sentence as Ms. Stewart. Robert G. Morvillo, who is Ms. Stewart's lawyer, said yesterday that Mr. Quattrone's sentence was too severe. "Is it a reasonable sentence?" Mr. Morvillo asked. "You won't find a defense attorney in town who thinks this is reasonable. The idea that Judge Owen jumped the sentence just continues the defense bar view that he is overly harsh." Judge Owen, an appointee of President Richard M. Nixon, has long had a reputation among defense lawyers of favoring prosecutors, and the sentencing of Mr. Quattrone capped nearly a year of dueling between his lawyers and the judge that often included heated exchanges in court. At one point yesterday, Mr. Quattrone's trial lawyer, John W. Keker, a former prosecutor of Oliver L. North during the Iran-contra trial, told the judge he thought he was being strung along while making his argument for leniency. "If you've made up your mind on this, just tell me," Mr. Keker said. At another point, in which Mr. Keker cited the hung jury in the first trial and asserted there were grounds for appeal because the case was so close, Judge Owen blurted out: "I don't agree with you that this was a close case." Mr. Quattrone's appeal will be based in large part on several rulings Judge Owen made that barred him from introducing evidence that may have been helpful to his case. The clash continued in court yesterday and spilled into the street after the hearing, with Mr. Quattrone's lawyers standing in pelting rain accusing Judge Owen of an unfair trial. "Cases like this are why we have courts of appeals," said Mark F. Pomerantz, a partner at Paul, Weiss, Rifkind, Wharton & Garrison in Manhattan who will lead Mr. Quattrone's appeal. "The defense was forced to try its case from the inside of a straitjacket." "The trial judge kept out critical evidence offered by the defense," said Mr. Pomerantz, who represented Dr. Samuel D. Waksal, the founder of ImClone Systems Inc. , who pleaded guilty to insider trading. "And although the judge tied the hands of the defense, he gave the government free rein to put in irrelevant but prejudicial evidence." Before he was sentenced, Mr. Quattrone addressed the judge, saying: "I humbly ask that you show mercy and compassion for me and my family, for whom any separation from me would be extremely detrimental." But the judge denied his request, and Mr. Quattrone's legal team and friends sitting in court were enraged when Judge Owen then appeared to gratuitously make public the medical problems of Mr. Quattrone's 15-year-old daughter, Cristina, questioning the severity of claims from doctors who submitted records that she has a medical disorder. Mr. Quattrone's lawyers had asked that the medical records of the family remain sealed. Judge Owen also dismissed arguments from Mr. Quattrone's lawyers that he should receive a lenient sentence because his wife has a chronic illness that makes him the "only functioning adult" in the household. "There's $50 million of assets out there to take care of Mrs. Quattrone and $26 million to take care of Cristina in some trust fund," Judge Owen said. Reading from Mrs. Quattrone's medical records, Judge Owen added, "It says here she can drive under limited conditions." Judge Owen's decision to depart from the basic federal guidelines and give Mr. Quattrone a tougher sentence raises questions about whether it will be upheld. In a case from Washington State in June, the Supreme Court ruled that the state's judicial system, which allowed judges to increase a convicted defendant's sentence beyond the ordinary range for the crime, violated the constitutional right to trial by jury. While the ruling only applies to Washington State, the decision - Blakely v. Washington - is being watched by federal judges nationwide, and many have stuck to the guidelines, worried that their sentences will be overturned. The Supreme Court has agreed to rule on the constitutionality of the guidelines for federal criminal sentences this fall. "Given that the Blakely case is still out there, to do an upward departure, this is a judge who is thumbing his nose at Blakely," said John J. Fahy, a former federal prosecutor who practices law in New Jersey. Some defense lawyers contended the sentence might help Mr. Quattrone's appeal. "It plays into the defense claim of unfair treatment on the part of Judge Owen," said Robert A. Mintz, a former federal prosecutor and a partner at McCarter & English. Judge Owen agreed to a request from Mr. Quattrone's lawyers that he be assigned to Lompoc Federal Prison Camp in California, which is a minimum-security prison northwest of Los Angeles where Ivan F. Boesky was once an inmate. As he left the courthouse, Mr. Quattrone said: "To my family in California, Dad is coming home soon, and I love you. And I can hold my head high because I know I'm innocent and I never intended to obstruct justice." Copyright 2004 The New York Times Company
Wednesday, September 08, 2004
BAUAW NEWSLETTER-WEDNESDAY, SEPTEMBER 7, 2004
NEXT BAY AREA UNITED AGAINST WAR MEETING: TOMORROW, THURSDAY, SEPTEMBER 9, 7 p.m. 1380 VALENCIA STREET (Between 24th & 25th Streets, S.F.) ---------*---------*---------*---------*---------*---------* 1) Tomgram: Nick Turse on the new Homeland Security State Posted September 5, 2004 at 11:09 am 2) One Thousand and One By William Rivers Pitt t r u t h o u t | Perspective Wednesday 08 September 2004 http://www.truthout.org/docs_04/090804A.shtml 3) CONFRONTING INSURGENTS U.S. Conceding Rebels Control Regions of Iraq By ERIC SCHMITT and STEVEN R. WEISMAN WASHINGTON, Sept. 7 http://www.nytimes.com/2004/09/08/politics/08policy.html?hp 4) Fight Oppression One Olive at a Time Help with the Palestinian Olive Harvest this Fall This simple act will help Palestinians resist the occupation by insisting on life. 5) Peace activist held as 'danger to Israel' Lawyers question state motives behind detention without trial of former woman soldier who befriended leading Palestinian militant Chris McGreal in Jerusalem Tuesday September 7, 2004 The Guardian 6) URGENT CALL TO ACTION: ORGANIZE A VIGIL ON THURSDAY NIGHT FOR THE MORE THAN 1,000 U.S. SOLDIERS AND TENS OF THOUSANDS OF IRAQIS KILLED 7) CENSORED 2005: THE TOP 25 CENSORED MEDIA STORIES OF 2003-2004 http://www.projectcensored.org/publications/2005/index.html 8) 150 Arrests during Demonstration by San Francisco Hotel Workers By Frontlines correspondent 9) Bush & Putin self-fulfilled prophesies: Slaughter and Terrorism Frontlines Editorial Board http://www.sf-frontlines.com | |