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The Five Extra Words That Can Fix the Second Amendment Print
Saturday, 12 April 2014 14:39

Stevens writes: "Each year, more than 30,000 people die in the United States in firearm-related incidents. Many of those deaths involve handguns. The adoption of rules that will lessen the number of those incidents should be a matter of primary concern to both federal and state legislators."

Retired U.S. Supreme Court Justice John Paul Stevens. (photo: The Progressive Forum)
Retired U.S. Supreme Court Justice John Paul Stevens. (photo: The Progressive Forum)


The Five Extra Words That Can Fix the Second Amendment

By Justice John Paul Stevens, The Washington Post

12 April 14

 

ohn Paul Stevens served as an associate justice of the Supreme Court from 1975 to 2010. This essay is excerpted from his new book, “Six Amendments: How and Why We Should Change the Constitution.”

Following the massacre of grammar-school children in Newtown, Conn., in December 2012, high-powered weapons have been used to kill innocent victims in more senseless public incidents. Those killings, however, are only a fragment of the total harm caused by the misuse of firearms. Each year, more than 30,000 people die in the United States in firearm-related incidents. Many of those deaths involve handguns.

The adoption of rules that will lessen the number of those incidents should be a matter of primary concern to both federal and state legislators. Legislatures are in a far better position than judges to assess the wisdom of such rules and to evaluate the costs and benefits that rule changes can be expected to produce. It is those legislators, rather than federal judges, who should make the decisions that will determine what kinds of firearms should be available to private citizens, and when and how they may be used. Constitutional provisions that curtail the legislative power to govern in this area unquestionably do more harm than good.

The first 10 amendments to the Constitution placed limits on the powers of the new federal government. Concern that a national standing army might pose a threat to the security of the separate states led to the adoption of the Second Amendment, which provides that “a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

For more than 200 years following the adoption of that amendment, federal judges uniformly understood that the right protected by that text was limited in two ways: First, it applied only to keeping and bearing arms for military purposes, and second, while it limited the power of the federal government, it did not impose any limit whatsoever on the power of states or local governments to regulate the ownership or use of firearms. Thus, in United States v. Miller, decided in 1939, the court unanimously held that Congress could prohibit the possession of a sawed-off shotgun because that sort of weapon had no reasonable relation to the preservation or efficiency of a “well regulated Militia.”

When I joined the court in 1975, that holding was generally understood as limiting the scope of the Second Amendment to uses of arms that were related to military activities. During the years when Warren Burger was chief justice, from 1969 to 1986, no judge or justice expressed any doubt about the limited coverage of the amendment, and I cannot recall any judge suggesting that the amendment might place any limit on state authority to do anything.

Organizations such as the National Rifle Association disagreed with that position and mounted a vigorous campaign claiming that federal regulation of the use of firearms severely curtailed Americans’ Second Amendment rights. Five years after his retirement, during a 1991 appearance on “The MacNeil/Lehrer NewsHour,” Burger himself remarked that the Second Amendment “has been the subject of one of the greatest pieces of fraud, I repeat the word ‘fraud,’ on the American public by special interest groups that I have ever seen in my lifetime.”

In recent years two profoundly important changes in the law have occurred. In 2008, by a vote of 5 to 4, the Supreme Court decided in District of Columbia v. Heller that the Second Amendment protects a civilian’s right to keep a handgun in his home for purposes of self-defense. And in 2010, by another vote of 5 to 4, the court decided in McDonald v. Chicago that the due process clause of the 14th Amendment limits the power of the city of Chicago to outlaw the possession of handguns by private citizens. I dissented in both of those cases and remain convinced that both decisions misinterpreted the law and were profoundly unwise. Public policies concerning gun control should be decided by the voters’ elected representatives, not by federal judges.

In my dissent in the McDonald case, I pointed out that the court’s decision was unique in the extent to which the court had exacted a heavy toll “in terms of state sovereignty. . . . Even apart from the States’ long history of firearms regulation and its location at the core of their police powers, this is a quintessential area in which federalism ought to be allowed to flourish without this Court’s meddling. Whether or not we can assert a plausible constitutional basis for intervening, there are powerful reasons why we should not do so.”

“Across the Nation, States and localities vary significantly in the patterns and problems of gun violence they face, as well as in the traditions and cultures of lawful gun use. . . . The city of Chicago, for example, faces a pressing challenge in combating criminal street gangs. Most rural areas do not.”

In response to the massacre of grammar-school students at Sandy Hook Elementary School, some legislators have advocated stringent controls on the sale of assault weapons and more complete background checks on purchasers of firearms. It is important to note that nothing in either the Heller or the McDonald opinion poses any obstacle to the adoption of such preventive measures.

First, the court did not overrule Miller. Instead, it “read Miller to say only that the Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as short-barreled shotguns.” On the preceding page of its opinion, the court made it clear that even though machine guns were useful in warfare in 1939, they were not among the types of weapons protected by the Second Amendment because that protected class was limited to weapons in common use for lawful purposes such as self-defense. Even though a sawed-off shotgun or a machine gun might well be kept at home and be useful for self-defense, neither machine guns nor sawed-off shotguns satisfy the “common use” requirement.

Thus, even as generously construed in Heller, the Second Amendment provides no obstacle to regulations prohibiting the ownership or use of the sorts of weapons used in the tragic multiple killings in Virginia, Colorado and Arizona in recent years. The failure of Congress to take any action to minimize the risk of similar tragedies in the future cannot be blamed on the court’s decision in Heller.

A second virtue of the opinion in Heller is that Justice Antonin Scalia went out of his way to limit the court’s holding not only to a subset of weapons that might be used for self-defense but also to a subset of conduct that is protected. The specific holding of the case covers only the possession of handguns in the home for purposes of self-defense, while a later part of the opinion adds emphasis to the narrowness of that holding by describing uses that were not protected by the common law or state practice. Prohibitions on carrying concealed weapons, or on the possession of firearms by felons and the mentally ill, and laws forbidding the carrying of firearms in sensitive places such as schools and government buildings or imposing conditions and qualifications on the commercial sale of arms are specifically identified as permissible regulations.

Thus, Congress’s failure to enact laws that would expand the use of background checks and limit the availability of automatic weapons cannot be justified by reference to the Second Amendment or to anything that the Supreme Court has said about that amendment. What the members of the five-justice majority said in those opinions is nevertheless profoundly important, because it curtails the government’s power to regulate the use of handguns that contribute to the roughly 88 firearm-related deaths that occur every day.

There is an intriguing similarity between the court’s sovereign immunity jurisprudence, which began with a misinterpretation of the 11th Amendment, and its more recent misinterpretation of the Second Amendment. The procedural amendment limiting federal courts’ jurisdiction over private actions against states eventually blossomed into a substantive rule that treats the common-law doctrine of sovereign immunity as though it were part of the Constitution itself. Of course, in England common-law rules fashioned by judges may always be repealed or amended by Parliament. And when the United States became an independent nation, Congress and every state legislature had the power to accept, to reject or to modify common-law rules that prevailed prior to 1776, except, of course, any rule that might have been included in the Constitution.

The Second Amendment expressly endorsed the substantive common-law rule that protected the citizen’s right (and duty) to keep and bear arms when serving in a state militia. In its decision in Heller, however, the majority interpreted the amendment as though its draftsmen were primarily motivated by an interest in protecting the common-law right of self-defense. But that common-law right is a procedural right that has always been available to the defendant in criminal proceedings in every state. The notion that the states were concerned about possible infringement of that right by the federal government is really quite absurd.

As a result of the rulings in Heller and McDonald, the Second Amendment, which was adopted to protect the states from federal interference with their power to ensure that their militias were “well regulated,” has given federal judges the ultimate power to determine the validity of state regulations of both civilian and militia-related uses of arms. That anomalous result can be avoided by adding five words to the text of the Second Amendment to make it unambiguously conform to the original intent of its draftsmen. As so amended, it would read:

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed.”

Emotional claims that the right to possess deadly weapons is so important that it is protected by the federal Constitution distort intelligent debate about the wisdom of particular aspects of proposed legislation designed to minimize the slaughter caused by the prevalence of guns in private hands. Those emotional arguments would be nullified by the adoption of my proposed amendment. The amendment certainly would not silence the powerful voice of the gun lobby; it would merely eliminate its ability to advance one mistaken argument.

It is true, of course, that the public’s reaction to the massacre of schoolchildren, such as the Newtown killings, and the 2013 murder of government employees at the Navy Yard in Washington, may also introduce a strong emotional element into the debate. That aspect of the debate is, however, based entirely on facts rather than fiction. The law should encourage intelligent discussion of possible remedies for what every American can recognize as an ongoing national tragedy.

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Another Pro-Life Issue Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=7500"><span class="small">Jim Wallis, Sojourners</span></a>   
Saturday, 12 April 2014 14:36

"Boston's Cardinal Sean O'Malley, the closest American prelate to Pope Francis, took nine other bishops to the Mexican-American border for three days of listening to the stories of people who are suffering from America's horribly broken immigration system."

Rows of body bags containing remains of unidentified people found in the desert sit in a cooler outside the Pima County Medical Examiner's Office in Tucson. (photo: Matt Nagar/NPR)
Rows of body bags containing remains of unidentified people found in the desert sit in a cooler outside the Pima County Medical Examiner's Office in Tucson. (photo: Matt Nagar/NPR)


Another Pro-Life Issue

By Jim Wallis, Sojourners

12 April 14

 

oston’s Cardinal Sean O’Malley, the closest American prelate to Pope Francis, took nine other bishops to the Mexican-American border for three days of listening to the stories of people who are suffering from America’s horribly broken immigration system. The bishops celebrated a dramatic mass with hundreds of Mexicans, taking communion through slats in the security fence, and laid a wreath at the border commemorating the estimated 6000 people who have died trying to cross.

“We can no longer tolerate the suffering caused by a broken system,” the Cardinal said. “The suffering and death must end.”

When asked how important immigration reform now is to the Catholic Church, O’Malley replied, “It’s another pro-life issue.”

Indeed it is.

Immigration reform is not just an economic issue — although it plays a big role in attracting and retaining talented people who will contribute to our economy. Commonsense immigration reform — as the Cardinal affirmed — is part of a consistent ethic in which all of life is treated as sacred. This includes issues such as abortion, but extends to anything that promotes human flourishing and protects human rights. A consistent life ethic keeps families intact and protects the voiceless.

This is the strongest and clearest American Catholic Bishops have been in their advocacy for immigration reform, and the time is right. The next three months will determine whether we will finally end the separation of families and the devastation of lives being caused every day by a system that almost nobody supports anymore, but politics seems unwilling to change. We may not have another opportunity for a long time.

Yesterday, the Fast for Families buses arrived in Washington, D.C. after traveling 19,000 miles in six weeks, through 30 states, holding community meetings in over 90 Congressional districts, and visiting many members of Congress or their staffs. Eliseo Medina, the spiritual and prophetic leader of the fast, noted that this has become not just an immigration issue but “an American issue” and that not a single member of Congress or one of their staff members they have talked with believes the immigration “status quo” is working. The bus tour went both north and south encountering many stories of parents who have lost their children, husbands and wives who have lost each other, and pastors who have lost their church members.

But while the Senate has passed a bill with strong Democratic and Republican leadership, the House of Representatives continues to hold up reform. Its Republican leaders refuse to even allow a vote — which would reform the system if it were voted on today. The deep and passionate consensus of the racially and politically diverse rally that welcomed the Fast for Families buses yesterday was that the time to vote is now. Voting on fixing the “broken system” has become a moral imperative and a religious obligation for people of faith.

The Boston Globe asked Cardinal O’Malley if “a Catholic in good faith has to support immigration reform.” The Cardinal answered, “I think so, yes.” That means it is time for the Speaker of the House, John Boehner, Congressman Paul Ryan, and the other Catholics who are Republican leaders and caucus members to examine their Catholic faith. Last week, a group of Jewish rabbis from Richmond, Va. came to Washington to see Representative Eric Cantor, their member of Congress and Republican Majority Leader, to remind him how Jewish it was to treat immigrants well and to examine his Jewish faith on passing immigration reform. In two weeks, the Evangelical Immigration Table will bring hundreds of pastors from the districts of key Republican representatives who will testify to their evangelical faith and the Scriptures which instruct us to welcome the stranger and to remind evangelical lawmakers to examine their evangelical faith.

We didn’t end our prayers and fasting on April 9, but we vowed to continue. People of faith must do what they say, walk what they talk, and live what they believe. And we will continue to pray and to act, “unceasingly” as the Bible instructs us to, until our prayers are answered, until we fix this “broken system,” until the nation’s suffering from this injustice and cruelty is healed. We will pray on our knees in our homes, pray from the pews in our churches, pray in our public squares, pray at our Congressional offices, and perhaps soon in them. We will pray until our political leaders agree with 75 percent of the American people that the nation’s immigration system is bad for people, for families, for our economy, for our security. For many of us the integrity of our faith is now at stake. We will not go away, and we will not stop praying, speaking, and acting until this work is done.

Would you like to help raise your voice and prayers for immigration reform? In anticipation of the Evangelical Immigration Table event on April 29, join your voices with ours on Twitter by participating in this Thunderclap.

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FOCUS | Reagan-Bush Ties to Iran-Hostage Crisis Print
Saturday, 12 April 2014 12:46

Parry writes: "The double standard - getting worked up over the allegations about Iranian Ambassador Hamid Aboutalebi and going silent over the evidence implicating Reagan and Bush - is just the latest in a long series of examples of the U.S. government's hypocrisy."

If Hamid Aboutalebi can be denied a Visa for his alleged role in the Iran hostage crisis, then why not deport George Bush Sr.? (photo: Iran)
If Hamid Aboutalebi can be denied a Visa for his alleged role in the Iran hostage crisis, then why not deport George Bush Sr.? (photo: Iran)


Reagan-Bush Ties to Iran-Hostage Crisis

By Robert Parry, Consortium News

12 April 14

 

.S. government officials are in high dudgeon again – this time over Iran’s audacity in naming an ambassador to the United Nations who allegedly played a minor role in the 1979-81 crisis in which 52 Americans were held hostage for 444 days in Iran. But the same U.S. officials ignore the now overwhelming evidence that Ronald Reagan and George H.W. Bush helped extend the hostages’ suffering to gain an edge in the 1980 election.

The double standard – getting worked up over the allegations about Iranian Ambassador Hamid Aboutalebi and going silent over the evidence implicating Reagan and Bush – is just the latest in a long series of examples of the U.S. government’s hypocrisy.

Indeed, one might think that the near treasonous behavior of Reagan and Bush was more objectionable than whatever Aboutalebi did as a young man in Tehran. He has denied direct participation in the seizure of the U.S. Embassy in Tehran in 1979 though he apparently provided some assistance with translations and negotiations. Aboutalebi is now a close adviser to Iran’s President Hassan Rouhani and has served as Iranian ambassador to Belgium, Italy, Australia and the European Union.

It is rare for the United States to block an ambassador to the United Nations, which is located in New York City, but Aboutalebi’s selection has become the latest excuse for congressional hardliners to throw a wrench into negotiations aimed at limiting but not eliminating Iran’s nuclear program. On Monday, the U.S. Senate passed a bill sponsored by Sen. Ted Cruz, R-Texas, to deny Aboutalebi a visa for entering the United States. Following the Senate’s lead, the Obama administration also has criticized the nomination.

The irony, however, is that Cruz and pretty much every leading Republican model themselves after President Reagan whose election in 1980 now appears to have been aided by his campaign’s behind-the-scenes maneuvering to frustrate President Jimmy Carter’s negotiations to gain the hostages’ freedom. Those talks broke down in October 1980 and the hostages were only freed after Reagan was inaugurated on Jan. 20, 1981.

Reagan’s purported “October Surprise” operation to torpedo Carter’s hoped-for success in getting the hostages out before the Nov. 4, 1980, election would have made the Republican icon a much bigger villain in the hostages’ ordeal than Aboutalebi. George H.W. Bush, who was Reagan’s running mate in 1980, was also implicated in the sabotage operation.

Mounting Evidence

The evidence of this Republican skullduggery has been building for more than three decades, with the 1980 contacts between the Reagan team and radical Iranians appearing to be the opening chapter of the Iran-Contra saga of 1985-86, which also involved secret contacts and the trading of arms for hostages.

Both operations also were shielded by aggressive Republican cover-ups that extended from 1986 to 1993, although congressional and government investigators did a much better job in excavating the Iran-Contra secrets than they did with the October Surprise case. It wasn’t until last June that Rep. Lee Hamilton, D-Indiana, who headed both congressional inquiries, admitted that he had been misled about key October Surprise evidence.

In a phone interview, the retired Indiana Democrat responded to a document that I had e-mailed him revealing that in 1991 a deputy White House counsel working for then-President George H.W. Bush was notified by the State Department that Reagan’s campaign director William Casey had taken a trip to Madrid in relation to the so-called October Surprise issue.

Casey’s alleged trip to Madrid in 1980 had been at the center of Hamilton’s investigation in 1991-92 into whether Reagan’s campaign went behind Carter’s back to frustrate his hostage negotiations. In early 1993, Hamilton’s task force dismissed the allegations after concluding that Casey had not traveled to Madrid.

“We found no evidence to confirm Casey’s trip to Madrid,” Hamilton told me. “We couldn’t show that. … The [Bush-41] White House did not notify us that he did make the trip. Should they have passed that on to us? They should have because they knew we were interested in that.”

Asked if knowledge that Casey had traveled to Madrid might have changed the task force’s dismissive October Surprise conclusion, Hamilton said yes, because the question of the Madrid trip was key to the task force’s investigation. “If the White House knew that Casey was there, they certainly should have shared it with us,” Hamilton said, adding that “you have to rely on people” in authority to comply with information requests.

The document revealing White House knowledge of Casey’s Madrid trip was among records released to me by the archivists at the George H.W. Bush library in College Station, Texas. The U.S. Embassy’s confirmation of Casey’s trip was passed along by State Department legal adviser Edwin D. Williamson to Associate White House Counsel Chester Paul Beach Jr. in early November 1991, just as the October Surprise inquiry was taking shape.

Williamson said that among the State Department “material potentially relevant to the October Surprise allegations [was] a cable from the Madrid embassy indicating that Bill Casey was in town, for purposes unknown,” Beach noted in a “memorandum for record” dated Nov. 4, 1991.

Organizing the Cover-up

Two days later, on Nov. 6, Beach’s boss, White House counsel C. Boyden Gray, arranged an inter-agency strategy session and explained the need to contain the congressional investigation into the October Surprise case. The explicit goal was to ensure the scandal would not hurt President Bush’s reelection hopes in 1992.

At the meeting, Gray laid out how to thwart the October Surprise inquiry, which was seen as a dangerous expansion of the Iran-Contra investigation, which Rep. Hamilton had co-chaired when the scandal was reviewed by Congress in 1987. A parallel criminal investigation by special prosecutor Lawrence Walsh was continuing in 1991 and some of his investigators were coming to suspect that the origins of Iran-Contra contacts with Iran traced back to Reagan’s 1980 campaign.

Up to that point, Iran-Contra had focused on illicit arms-for-hostage sales to Iran that President Reagan authorized in 1985-86. However, some October Surprise witnesses were claiming that the framework for Reagan’s secret arms shipments to Iran, usually through Israel, took shape during the 1980 campaign.

The prospect that the two sets of allegations would merge into a single narrative represented a grave threat to George H.W. Bush’s reelection campaign. As assistant White House counsel Ronald vonLembke, put it, the White House goal in 1991 was to “kill/spike this story.” To achieve that result, the Republicans coordinated the counter-offensive through Gray’s office under the supervision of associate counsel Janet Rehnquist, the daughter of the late Chief Justice William Rehnquist.

Gray explained the stakes at the White House strategy session. “Whatever form they ultimately take, the House and Senate ‘October Surprise’ investigations, like Iran-Contra, will involve interagency concerns – and be of special interest to the President,” Gray declared, according to minutes. [Emphasis in original.]

Among “touchstones” cited by Gray were “No Surprises to the White House, and Maintain Ability to Respond to Leaks in Real Time. This is Partisan.” White House “talking points” on the October Surprise investigation urged restricting the inquiry to 1979-80 and imposing strict time limits for issuing any findings, according to the document said.

But the key to understanding the October Surprise case was that it appeared to be a prequel to the Iran-Contra scandal, part of the same storyline beginning with the 1980 crisis over 52 American hostages held in Iran, continuing through their release immediately after Ronald Reagan’s inauguration on Jan. 20, 1981, then followed by mysterious U.S. government approval of secret arms shipments to Iran via Israel in 1981, and ultimately morphing into the Iran-Contra Affair of more arms-for-hostage deals with Iran until that scandal exploded in 1986. [For more on the scandal and cover-up, see Robert Parry’s America’s Stolen Narrative.]

Getting Some Help

Though Beach’s memo in November 1991 revealed the Bush-41 administration’s knowledge of the Casey trip to Madrid in 1980, the Republican cover-up was aided immensely that month by Newsweek and The New Republic, which published matching stories on their covers claiming to have debunked the October Surprise allegations by proving that Casey could not have made the trip to Madrid.

Despite knowing the falsity of those magazine articles, Bush’s White House made no effort to correct the record or to inform congressional investigators. Yet, even without Beach’s memo, there was solid evidence at the time disproving the Newsweek/New Republic debunking articles. Both magazines had sloppily misread attendance records at a London historical conference that Casey had attended on July 28, 1980, the time frame when Iranian businessman (and CIA agent) Jamshid Hashemi had placed Casey in Madrid for a secret meeting with Iranian emissary Mehdi Karrubi.

The two magazines insisted that the attendance records showed Casey in London for a morning session of the conference, thus negating the possibility that he could have made a side trip to Madrid. But the magazines had failed to do the necessary follow-up interviews, which would have revealed that Casey was not at the morning session on July 28. He didn’t arrive until that afternoon, leaving the “window” open for Hashemi’s account.

At PBS “Frontline,” where I was involved in the October Surprise investigation, we talked to Americans and others who had participated in the London conference. Most significantly, we interviewed historian Robert Dallek who gave that morning’s presentation to a small gathering of attendees sitting in a conference room at the British Imperial War Museum.

Dallek said he had been excited to learn that Casey, who was running Reagan’s presidential campaign, would be there. So, Dallek looked for Casey, only to be disappointed that Casey was a no-show. Other Americans also recalled Casey arriving later and the records actually indicate Casey showing up for the afternoon session.

In other words, the high-profile Newsweek-New Republic debunking of the October Surprise story had itself been debunked. However, typical of the arrogance of those publications – and our inability to draw attention to their major screw-up – the magazines never acknowledged their gross error.

Worse Than a Mistake

I later learned that the journalistic malfeasance at Newsweek was even worse than sloppiness. Journalist Craig Unger, who had been hired by Newsweek to work on the October Surprise story, told me that he had spotted the misreading of the attendance records before Newsweek published its article. Unger said he alerted the investigative team, which was personally headed by executive editor Maynard Parker.

“They told me, essentially, to fuck off,” Unger said.

During my years at Newsweek, from 1987-90, Parker had been my chief nemesis. He was considered close to prominent neocons, including Iran-Contra figure Elliott Abrams, and to Establishment Republicans, such as former Secretary of State Henry Kissinger. Parker also was a member of banker David Rockefeller’s Council on Foreign Relations — and viewed the Iran-Contra scandal as something best shut down quickly. Jumping to a false conclusion that would protect his influential friends would fit perfectly with what I knew of Parker.

The false articles in Newsweek and The New Republic gave the White House cover-up a key advantage: Washington’s conventional wisdom crowd now assumed that the October Surprise allegations were bogus. All that was necessary was to make sure no hard evidence to the contrary, such as the U.S. Embassy’s confirmation of a mysterious Casey trip to Madrid, reached the congressional investigation.

A big part of the Bush-41 cover-up was to run out the clock on Hamilton’s inquiry, which was only authorized through the end of the congressional session in early January 1993. Delays of document production and evasion of a subpoena would prove crucial.

For instance, on May 14, 1992, a CIA official ran proposed language past associate White House counsel Janet Rehnquist from then-CIA Director Robert Gates regarding the agency’s level of cooperation with Congress. By that point, the CIA, under Gates, was already months into a pattern of foot-dragging on congressional document requests.

Bush had put Gates, who was also implicated in the October Surprise case, at the CIA’s helm in fall 1991, meaning that Gates was well-positioned to stymie congressional requests for sensitive information about secret initiatives involving Bush, Gates and Donald Gregg, another CIA veteran who was linked to the scandal.

The records at the Bush library revealed that Gates and Gregg, indeed, were targets of the congressional October Surprise probe. On May 26, 1992, Rep. Hamilton wrote to the CIA asking for records regarding the whereabouts of Gregg and Gates from Jan. 1, 1980, through Jan. 31, 1981, including travel plans and leaves of absence.

The persistent document-production delays finally drew a complaint from Lawrence Barcella, chief counsel to the House task force who wrote to the CIA on June 9, 1992, that the agency had not been responsive to three requests on Sept. 20, 1991; April 20, 1992; and May 26, 1992.

A History of Lies

Gregg and Gates also were implicated in the broader the Iran-Contra scandal. Both were suspected of lying about their knowledge of secret sales of military hardware to Iran and clandestine delivery of weapons to Contra rebels in Nicaragua.

An ex-CIA director himself, Bush also had been caught lying in the Iran-Contra scandal when he insisted that a plane shot down over Nicaragua in 1986 while dropping weapons to the Contras had no connection to the U.S. government (when the weapons delivery had been organized by operatives close to Bush’s vice presidential office where Gregg served as national security adviser).

And, Bush falsely claimed that he was out of the “loop” on Iran-Contra decisions when later evidence showed that he was a major participant in the discussions. From the Bush library documents, it was apparent that the October Surprise cover-up was essentially an extension of the broader Republican effort to contain the Iran-Contra scandal, with Bush personally involved in orchestrating both efforts.

For instance, Iran-Contra special prosecutor Walsh discovered in December 1992 that Bush’s White House counsel’s office, under Boyden Gray, had delayed production of Bush’s personal notes about the arms shipments to Iran in the 1985-86 time frame. Though Gray’s office insisted that the delay was unintentional, Walsh didn’t buy it.

Beyond dragging its heels on producing documents, the Bush administration maneuvered to keep key witnesses out of timely reach of the investigators. For instance, Gregg used his stationing as U.S. Ambassador to South Korea in 1992 to evade a congressional subpoena.

Like Gates and Bush, Gregg had been linked to secret meetings with Iranians during the 1980 campaign. When asked about those allegations by FBI polygraph operators working for Iran-Contra prosecutor Walsh, Gregg was judged to be deceptive in his denials. [See Final Report of the Independent Counsel for Iran/Contra Matters, Vol. I, p. 501]

Dodging a Subpoena

And, when it came to answering questions from Congress about the October Surprise matter, Gregg found excuses not to accept service of a subpoena.

In a June 18, 1992, cable from the U.S. Embassy in Seoul to the State Department in Washington, Gregg wrote that he had learned that Senate investigators had “attempted to subpoena me to appear on 24 June in connection with their so-called ‘October Surprise’ investigation. The subpoena was sent to my lawyer, Judah Best, who returned it to the committee since he had no authority to accept service of a subpoena. …

“If the October Surprise investigation contacts the [State] Department, I request that you tell them of my intention to cooperate fully when I return to the States, probably in September. Any other inquiries should be referred to my lawyer, Judah Best. Mr. Best asks that I specifically request you not to accept service of a subpoena if the committee attempts to deliver one to you.”

That way Gregg ensured that he was not legally compelled to testify while running out the clock on the Senate inquiry and leaving little time for the House task force. His strategy of delay was endorsed by Janet Rehnquist after a meeting with Best and a State Department lawyer. In a June 24, 1992, letter to Gray, Rehnquist wrote that “at your direction, I have looked into whether Don Gregg should return to Washington to testify before the Senate Subcommittee hearings next week. … I believe we should NOT request that Gregg testify next week.”

The failure to effect service of the subpoena gave the Bush team an advantage, Rehnquist noted, because the Senate investigators then relented and merely “submitted written questions to Gregg, through counsel, in lieu of an appearance. …. This development provides us an opportunity to manage Gregg’s participation in October Surprise long distance.” Rehnquist added hopefully that by the end of September 1992 “the issue may, by that time, even be dead for all practical purposes.”

Asked about this strategy of delay, Hamilton told me that “running out the clock is a very familiar tactic in any congressional investigation” since the Bush-41 administration would have known that the task force’s authorization expired at the end of the session. That deadline came into play when the floodgates on evidence of Republican guilt opened in December 1992.

In 2010, shortly before his death to cancer, the task force’s former chief counsel Barcella told me that so much incriminating evidence against the Reagan campaign poured in during December 1992 that he asked Hamilton for a three-month extension, but was rebuffed. Hamilton said he had no recollection of such a specific request from Barcella, but added that he might have explained the problem of the task force’s authorization running out at end of the session.

“All I could have done is go before the next Congress and request reauthorization,” Hamilton told me. However, with key evidence withheld – and facing fierce Republican resistance to extending the inquiry – Hamilton chose to simply wrap up the task force’s report with a judgment clearing Reagan, Bush, Casey and other alleged participants.

Now, realizing that the White House was sitting on knowledge about a mysterious Casey trip to Madrid, Lee Hamilton is no longer so sure. [For a fuller account of the October Surprise evidence implicating Reagan’s 1980 campaign, see Robert Parry’s Secrecy & Privilege and America’s Stolen Narrative, which also contains evidence of a precursor “October Surprise” case, Richard Nixon’s sabotage of President Lyndon Johnson’s Vietnam peace talks in 1968.]

Yet, in April 2014, even as the U.S. government endlessly honors Ronald Reagan with his name attached to Washington’s National Airport and dozens of other government facilities – and as warm nostalgia envelopes the aging George H.W. Bush – there is outrage across Official Washington that Hamid Aboutalebi, who was 22 when the U.S. hostages were taken, has been named Iran’s ambassador to the UN.

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FOCUS | Bernie Sanders Versus Citizens United Print
Saturday, 12 April 2014 11:20

Nichols writes: "Citizens United is not just the default reference for US Supreme Court decisions - including the 2010 Citizens United v. Federal Election Commission ruling - that have ushered in a new era of corporate dominance of American elections. It's the name of the conservative group that encouraged Chief Justice John Roberts and the most activist Court majority in American history to tear the heart out of what were already weak campaign finance laws."

Senator Bernie Sanders. (photo: Rich Pedroncelli/AP)
Senator Bernie Sanders. (photo: Rich Pedroncelli/AP)


Bernie Sanders Versus Citizens United

By John Nichols, The Nation

12 April 14

 

itizens United is not just the default reference for US Supreme Court decisions—including the 2010 Citizens United v. Federal Election Commission ruling—that have ushered in a new era of corporate dominance of American elections. It’s the name of the conservative group that encouraged Chief Justice John Roberts and the most activist Court majority in American history to tear the heart out of what were already weak campaign finance laws.

Citizens United still exists as an activist group that produces documentaries—ACLU: At War with America, Border War: The Battle Over Illegal Immigration, Fire From the Heartland: The Awakening of the Conservative Woman, America at Risk: Hosted by Newt and Callista Gingrich—and organizes gatherings that highlight right-wing policies and politicians. On Saturday, Citizens United will host something of a kickoff for the Republican presidential race in the first-primary state of New Hampshire.

Organized in collaboration with the Koch brothers–funded Americans for Prosperity Foundation, Citizens United’s “Freedom Summit” has attracted as confirmed speakers many of the leading contenders for the GOP nod. Indeed, Greg Moore, the director of AFP-New Hampshire, is talking up the summit as the first “cattle call” of 2016.

Kentucky Senator Rand Paul will be there.

So will Texas Senator Ted Cruz.

And former Arkansas Governor Mike Huckabee.

And perennial (if never quite announced) contender Donald Trump.

It is a safe bet that no one at the Freedom Summit will object to the latest Supreme Court decision to steer more big money into politics—in the case of McCutcheon v. FEC—or to the corruption of American democracy and governance by bottom-line corporations and self-serving billionaires.

But across town, on the same day, the objection will be raised.

Vermont Senator Bernie Sanders will be in Manchester Saturday for “a free town hall meeting and discussion on the economy and what we can do to save the middle class“ at the New Hampshire Institute of Politics on the campus of Saint Anselm College.

Like some of the Republicans who will be in New Hampshire this weekend, Sanders has talked about running for president. And he acknowledges that a visit to the first-primary state will stir speculation about a possible bid.

But the independent senator says he is months away from any kind of decision.

What he is decided about, however, is the absolute absurdity of the high court’s approach to cases like Citizens United and McCutcheon.

“What world are the five conservative Supreme Court justices living in?” asks Sanders. “To equate the ability of billionaires to buy elections with ‘freedom of speech’ is totally absurd. The Supreme Court is paving the way toward an oligarchic form of society in which a handful of billionaires like the Koch brothers and Sheldon Adelson will control our political process.”

He has also decided that a constitutional amendment is needed to push back against Supreme Court decisions that threaten to make the dollar more consequential than the vote in American elections.

The “Democracy is for the People” amendment, sponsored by Sanders and Congressman Ted Deutch, D-Florida, is one of several proposed by members of Congress in response to the national outcry over the Citizens United decision—an outcry that, so far, has seen sixteen states and close to 600 communities demand that the Constitution be amended to address the crisis created, and now compounded, by the court.

It reads:

Section I. Whereas the right to vote in public elections belongs only to natural persons as citizens of the United States, so shall the ability to make contributions and expenditures to influence the outcomes of public elections belong only to natural persons in accordance with this Article.

Section II. Nothing in this Constitution shall be construed to restrict the power of Congress and the States to protect the integrity and fairness of the electoral process, limit the corrupting influence of private wealth in public elections, and guarantee the dependence of elected officials on the people alone by taking actions which may include the establishment of systems of public financing for elections, the imposition of requirements to ensure the disclosure of contributions and expenditures made to influence the outcome of a public election by candidates, individuals, and associations of individuals, and the imposition of content neutral limitations on all such contributions and expenditures.

Section III. Nothing in this Article shall be construed to alter the freedom of the press.

Section IV. Congress and the States shall have the power to enforce this Article through appropriate legislation.

Sanders is blunt with regard to the crisis.

“The disastrous 2010 Supreme Court ruling in Citizens United threw out campaign funding laws that limited what wealthy individuals and corporations could spend on elections,” he argues. “Since that ruling, campaign spending by Adelson, the Koch brothers and a handful of other billionaire families has fundamentally undermined American democracy. If present trends continue, elections will not be decided by one-person, one-vote, but by a small number of very wealthy families who spend huge amounts of money supporting right-wing candidates who protect their interests.”

And Sanders is blunt about the necessary response.

“Clearly, if we are to retain the fundamentals of American democracy, we need to overturn the Supreme Court decision,” explains the senator, who argues that the time has come for “overturning Citizens United.”

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What Do the Koch Brothers Really Want? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=15102"><span class="small">Bernie Sanders, Reader Supported News</span></a>   
Saturday, 12 April 2014 09:45

Sanders writes: "As a result of the disastrous Citizens United Supreme Court decision, billionaires and large corporations can now spend an unlimited amount of money to influence the political process."

Sen. Bernie Sanders at a markup meeting of the Senate Energy and Natural Resources Committee, 03/21/13. (photo: Win McNamee/Getty Images)
Sen. Bernie Sanders at a markup meeting of the Senate Energy and Natural Resources Committee, 03/21/13. (photo: Win McNamee/Getty Images)


What Do the Koch Brothers Really Want?

By Bernie Sanders, Reader Supported News

12 April 14

 

s a result of the disastrous Citizens United Supreme Court decision, billionaires and large corporations can now spend an unlimited amount of money to influence the political process.

Perhaps, the biggest winners of Citizens United are Charles and David Koch, owners of the second-largest privately run business in America Koch Industries.

Among other things, the Koch brothers own oil refineries in Texas, Alaska, and Minnesota and control some 4,000 miles of pipeline.

According to Forbes Magazine, the Koch brothers are now worth $80 billion, and have increased their wealth by $12 billion since last year alone.

For the Koch brothers, $80 billion in wealth, apparently, is not good enough. Owning the second largest private company in America is, apparently, not good enough. It doesn’t appear that they will be satisfied until they are able to control the entire political process.

It is well known that the Koch brothers have provided the major source of funding to the Tea Party and want to repeal the Affordable Care Act.

In 1980, David Koch ran as the Libertarian Party’s vice-presidential candidate in 1980.

Let’s take a look at the 1980 Libertarian Party platform.

Here are just a few excerpts of the Libertarian Party platform that David Koch ran on in 1980:

  • “We urge the repeal of federal campaign finance laws, and the immediate abolition of the despotic Federal Election Commission.”
  • “We favor the abolition of Medicare and Medicaid programs.”
  • “We oppose any compulsory insurance or tax-supported plan to provide health services, including those which finance abortion services.”
  • “We also favor the deregulation of the medical insurance industry.”
  • “We favor the repeal of the fraudulent, virtually bankrupt, and increasingly oppressive Social Security system. Pending that repeal, participation in Social Security should be made voluntary.”
  • “We propose the abolition of the governmental Postal Service. The present system, in addition to being inefficient, encourages governmental surveillance of private correspondence. Pending abolition, we call for an end to the monopoly system and for allowing free competition in all aspects of postal service.”
  • “We oppose all personal and corporate income taxation, including capital gains taxes.”
  • “We support the eventual repeal of all taxation.”
  • “As an interim measure, all criminal and civil sanctions against tax evasion should be terminated immediately.”
  • “We support repeal of all law which impede the ability of any person to find employment, such as minimum wage laws.”
  • “We advocate the complete separation of education and State. Government schools lead to the indoctrination of children and interfere with the free choice of individuals. Government ownership, operation, regulation, and subsidy of schools and colleges should be ended.”
  • “We condemn compulsory education laws … and we call for the immediate repeal of such laws.”
  • “We support the repeal of all taxes on the income or property of private schools, whether profit or non-profit.”
  • “We support the abolition of the Environmental Protection Agency.”
  • “We support abolition of the Department of Energy.”
  • “We call for the dissolution of all government agencies concerned with transportation, including the Department of Transportation.”
  • “We demand the return of America's railroad system to private ownership. We call for the privatization of the public roads and national highway system.”
  • “We specifically oppose laws requiring an individual to buy or use so-called "self-protection" equipment such as safety belts, air bags, or crash helmets.”
  • “We advocate the abolition of the Federal Aviation Administration.”
  • “We advocate the abolition of the Food and Drug Administration.”
  • “We support an end to all subsidies for child-bearing built into our present laws, including all welfare plans and the provision of tax-supported services for children.”
  • “We oppose all government welfare, relief projects, and ‘aid to the poor’ programs. All these government programs are privacy-invading, paternalistic, demeaning, and inefficient. The proper source of help for such persons is the voluntary efforts of private groups and individuals.”
  • “We call for the privatization of the inland waterways, and of the distribution system that brings water to industry, agriculture and households.”
  • “We call for the repeal of the Occupational Safety and Health Act.”
  • “We call for the abolition of the Consumer Product Safety Commission.”
  • “We support the repeal of all state usury laws.”

In other words, the agenda of the Koch brothers is not only to defund Obamacare. The agenda of the Koch brothers is to repeal every major piece of legislation that has been signed into law over the past 80 years that has protected the middle class, the elderly, the children, the sick, and the most vulnerable in this country.

It is clear that the Koch brothers and other right wing billionaires are calling the shots and are pulling the strings of the Republican Party.

And because of the disastrous Citizens United Supreme Court decision, they now have the power to spend an unlimited amount of money to buy the House of Representatives, the Senate, and the next President of the United States.

If they are allowed to hijack the American political process to defund Obamacare they will be back for more.

Tomorrow it will be Social Security, ending Medicare as we know it, repealing the minimum wage. It seems to me that the Koch brothers will not be content until they get everything they believe they are entitled to.

Our great nation can no longer be hijacked by right-wing billionaires like the Koch brothers.

For the sake of our children and our grandchildren, for the sake of our economy, we have got to let democracy prevail.

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