Political MoJo

What Could Sink DeLay?

| Fri Oct. 7, 2005 12:43 PM PDT

What's going to become of Tom DeLay? Down in Texas, Travis County prosecutor Ronnie Earle has indicted the House Majority Leader on charges of conspiracy to violate campaign-finance laws, money laundering, and conspiracy to launder money. Yesterday, DeLay hit back, accusing Earle of accepting union and law firm donations, but as Josh Marshall reports, those charges are mostly bogus—Earle's contributions were not at all illegal. Regardless, DeLay could very well squirm his way out of the Texas charges, which ultimately amount to violating a campaign-finance technicality (that doesn't make it right, of course). It's not impossible, although this bit of news doesn't look good for him.

But even if he was acquitted in Texas, would DeLay be in the clear? Hardly. In the New Republic this week, Michael Crowley discusses what DeLay should really be worrying about, and it involves his little junkets to Scotland allegedly financed by Jack Abramoff:

Most devastating for DeLay would be if the government could prove bribery: a direct quid pro quo in which DeLay carried legislative water for Abramoff in return for a junket. Given that DeLay and Abramoff were longtime personal friends and political allies, however, isolating specific favor-trading beyond the two men's symbiotic relationship won't be easy. But, even without proof of such a clear transaction, DeLay could be vulnerable to prosecution under what is known as federal "gratuity law," which requires a lower standard of evidence for conviction but still brings a penalty of up to two years in prison. (Bribery can bring a 15-year sentence.) "Federal gratuity law is extraordinarily broad," says former federal prosecutor Seth Rodner of the Tampa-based firm Fowler White Boggs Banker.

A gratuity-law prosecution might only require the government to show that Abramoff had some business interest in which DeLay was in a position to help. The feds would not need smoking-gun proof like, say, an e-mail from DeLay promising a House vote in exchange for a golf trip. For instance, in a 2001 case involving corruption by a Florida housing official, the Justice Department argued that, if an official accepted a gift from someone with an identifiable business interest, "the jury is free to find that a criminal violation occurred, even with no evidence of wrongdoing, inflated contract prices or other suspect dealings." Two of the three defendants were convicted. At the time of DeLay's British junket, Abramoff had countless business interests before DeLay's House, from bills that might regulate his gambling clients to proposed labor laws threatening his sweatshop patrons in the Pacific Marianas Islands. In that context, the 2000 British golf trip alone could be grounds for gratuity charges against DeLay.

It looks like the House leadership is a little less sanguine about this particular business, given that Roy Blunt—who by all accounts is a mini-DeLay himself—has already started maneuvering for the House leadership position. DeLay behind bars for two years? It's a strong possibility.

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Katrina and Rita make significant environmental impact on Louisiana

| Thu Oct. 6, 2005 8:06 PM PDT

Louisiana did not need any additional environmental problems. With a rapidly disappearing coastline, a number of invasive species that have played havoc with the ecosystem, a Formosan termite crisis in New Orleans of shocking proportions, and lax pollution laws, the state had major problems before Katrina and Rita landed. Now, it will have even more.

10,000 family foresters in southeast Louisiana may lose 90% of their income, according to an article in today's New Orleans Times-Picayune. The article featured Roy Wood, a forester with 800 acres of ecologically sound forest, which hosts one of the state's two remaining gopher tortoise dens. He has lost almost everything. The downed timber can be used to make plywood and paper, but much of it will have to be used as fuel wood, burned in boilers for energy.

Louisiana's national wildlife refuges have taken a huge blow from Hurricane Katrina. Big Branch Marsh, which extends from Mandeville to Slidell, lost too many trees to count. The cavity trees served as home to the endangered red-cockaded woodpecker, and between 40 and 50% of are gone. There was also coastal marshland erosion and the displacement of other wildlife.

Initial damages to the state's wildlife-and-fisheries facilities now exceed $94 million. It is unknown how many animals drowned, how many birds were destroyed by high winds, or what the effect of oil and chemical spills will be on wildlife. Wildlife experts are concerned about southwest Louisiana's rich bird habitats, for there is both habitat loss and the loss of refuge from prey. It is estimated that 200,000 nutria died in the two hurricanes.

The only good news so far is that Lake Pontchartrain is relatively healthy and should return to full health. Several years ago, the Lake Pontchartrain Basin Foundation set about cleaning up the lake, which was in abysmal shape because of shell dredging, dairy farm run-off, and the dumping of sewerage and chemicals.

Bush Interferes in Latin American Politics

Thu Oct. 6, 2005 6:35 PM PDT

Here's an interesting power play: The U.S. Deputy Secretary of State Robert Zoellick threatened the business community in Nicaragua on Wednesday. Who was that? Yes, you read it right: the business community in Nicaragua was threatened by the U.S. State Department.

Zoellick offered an ultimatum: either stop supporting political parties we don't like, or else the United States will cease to do business with you. The ultimatum came on the second day of Zoellick's trip in which he said, gathered before a group of business men and women, "Your opportunities will be lost."

In particular, Zoellick opposes (on behalf of the United States) a coalition that has emerged between political parties on the left and the right who have come together for the joint purpose of unseating Nicaragua's President before the 2006 elections.

Surprise, surprise. Zoellick claims he is justified in interfering in Nicaragua's affairs because the Bush administration wants to "preserve democracy."

But it gets even better. Nicaragua has still not ratified CAFTA - that pernicious piece of neoliberal investor rights protection that has masqueraded as a so-called "free-trade agreement". Although opposition to CAFTA has waned somewhat in recent months, Nicaragua's National Assembly remains nonetheless unable to come to an agreement. Thus enter Zoellick, dispatched by his boss to Nicaragua to champion the cause of democracy by casually dropping threats. Indeed, Zoellick even said that if Sandinista leader Daniel Ortega is elected in the presidential election next year that the U.S. would reduce its economic aid. Hence: the U.S. is really concerned with democracy as long as it goes our way.

[Cross posted at Freiheit und Wissen]

Domestic Spying?

| Thu Oct. 6, 2005 4:51 PM PDT

According to Newsweek, it looks like the Senate wants to authorize domestic spying inside the United States:

[T]he Senate Intelligence Committee recently approved broad-ranging legislation that gives the Defense Department a long sought and potentially crucial waiver: it would permit its intelligence agents, such as those working for the Defense Intelligence Agency (DIA), to covertly approach and cultivate "U.S. persons" and even recruit them as informants—without disclosing they are doing so on behalf of the U.S. government. The Senate committee's action comes as President George W. Bush has talked of expanding military involvement in civil affairs, such as efforts to control pandemic disease outbreaks.

The provision was included in last year's version of the same bill, but was knocked out after its details were reported by NEWSWEEK and critics charged it could lead to "spying" on U.S. citizens. But late last month, with no public hearings or debate, a similar amendment was put back into the same authorization bill—an annual measure governing U.S. intelligence agencies—at the request of the Pentagon. A copy of the 104-page committee bill, which has yet to be voted on by the full Senate, did not become public until last week.

At the same time, the Senate intelligence panel also included in the bill two other potentially controversial amendments—one that would allow the Pentagon and other U.S. intelligence agencies greater access to federal government databases on U.S. citizens, and another granting the DIA new exemptions from disclosing any "operational files" under the Freedom of Information Act (FOIA). "What they are doing is expanding the Defense Department's domestic intelligence activities in secret—with no public discussion," said Kate Martin, director of the Center for National Security Studies, a civil-liberties group that is often critical of government actions in the fight against terrorism

As they say, "no public hearings or debate" on this…

The Art of the No-Bid

| Thu Oct. 6, 2005 4:46 PM PDT

Earlier this afternoon, FEMA chief David Paulison admitted that just a wee bit of waste, fraud, and abuse might have somehow insinuated themselves into the early rush to hand out post-Katrina reconstruction contracts:

Hundreds of millions of dollars worth of federal contracts for Hurricane Katrina recovery that were hurriedly awarded after little or no competition will be rebid, FEMA chief R. David Paulison told a Senate committee today.

Paulison, testifying before a Senate panel investigating the Federal Emergency Management Agency's response to the devastating hurricane, said he has never "been a fan of no-bid contracts."

Well, who is? Besides the companies winning them, of course. As Paulison goes on to say, no-bid contracts have some value; especially when the federal government needs to do something in a hurry, sometimes it's just plain easier—and far more helpful—to hand out contracts to large corporations that have experience rather than haggling over every last dollar. On the other hand, the fact that many of the post-Katrina contracts are now set to undergo a second bidding indicates that speed and efficiency weren't of primary concern here. Plus, there's no reason why FEMA couldn't have held biddings for many of these contracts beforehand—not unreasonable given that, you know, a hurricane striking New Orleans was one of its three major doomsday scenarios—and had these contracts "pre-positioned". Not that we want to play the blame game or anything.

Dobson's Head Explodes

| Thu Oct. 6, 2005 1:26 PM PDT

James Dobson is just plain bizarre:

An anguished James Dobson prayed Wednesday for a sign from God, telling his Christian radio listeners he was questioning his early endorsement of Supreme Court nominee Harriet Miers.

Dobson, founder of Colorado Springs-based Focus on the Family, is one of the most prominent religious conservatives to back Miers, citing his trust in President Bush and a confidential briefing he received about her from the White House.

But in his regular radio broadcast Wednesday, Dobson prayed he was not making a mistake.

"Lord, you know I don't have the wisdom to make this decision," Dobson said. "You know that what I feel now and what I think is right may be dead wrong."

As near as I can guess, Dobson endorsed Miers early on because she was an evangelical, and hailed from a fairly conservative congregation in Dallas, the Valley View Christian Church. But evangelicals are hardly a monolithic bloc, even evangelicals at conservative churches; occasionally you get all sorts of closet liberals, compulsive gamblers, people who think sex and abortion are just fine and dandy, and people who don't care all that much about faith and are just there for the company and coffee bar, all lurking in the pews. Harriet Miers, for instance, has been organizing radical feminist conferences in her spare time, probably not something high on Dobson's list of approved behaviors. Furthermore, as Jon Cohn reported yesterday, the Valley View Christian Church itself underwent a schism of sorts recently, with the Flintstones wing of the congregation breaking away, leaving a more progressive pastor to take the helm, and since then, most of the church's truly fire-breathing positions have been moderated or abandoned. All very mysterious.

So, you know, Dobson really might not have the wisdom to make this call, and he really might be dead wrong when he endorsed her. But who knows? This only emphasizes how stupid this whole "stealth nominee" idea was in the first place. It was bad enough when a prominent religious conservative had "secret information" about Miers that no one else in the public sphere had. But now it seems that even Dobson doesn't know for sure. So the Senate is supposed to assess this nominee how, exactly? The only thing anyone can be truly confident about is that she'll be a pro-administration hack who will, one assumes, happily and irresponsibly vote to expand presidential wartime powers when the opportunity arises. For that alone she deserves blanket rejection, but beyond that, there's just a whole lot of senseless guessing here.

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Detainee Abuse Finished? Not Quite.

| Thu Oct. 6, 2005 10:30 AM PDT

Good news: The Senate voted 90-9 yesterday to pass John McCain's amendments which would "define and limit interrogation techniques that U.S. troops may use against terrorism suspects." Good, and that could go some ways to curbing abuses, depending on potential loopholes, but I'm a bit suspicious here. Why would the majority of Republicans vote to restrict torture; they've never shown any such inclination before. (Look what happened to the Markey Amendment in the House: similar anti-torture provision, defeated by a majority of the House GOP.) The cynical guess here is that the Senate Republicans who voted for thing feel confident that Dennis Hastert and the House leadership will quietly strip McCain's provision out of the final bill when it goes to conference. So everyone can feel good about voting on the record to oppose torture without their votes having any actual consequences. Or as a last resort, Bush can just veto the bill—maybe as a way of boosting his poll numbers among the Rush Limbaugh set. Or perhaps get some favorable Supreme Court ruling, with John Roberts and Harriet Miers in tow, to do whatever he feels like. The battle against torture is far, far from over.

UPDATE: Jack Balkin has the full text of the amendment, and it's much more sweeping than anything else yet passed. It applies to all U.S. personnel, not just the Department of Defense (thus closing the "CIA loophole"), and prohibits "cruel, inhuman, or degrading treatment or punishment" anywhere in the world.

New report of factory farm horror, this time in Philadelphia

| Wed Oct. 5, 2005 5:21 PM PDT

It was bad enough when Virgil Butler first did his report on the Tyson Chicken plant in Arkansas, which exposed horrific conditions for factory farm hens, as well as poor employee conditions. The resulting publicity made trouble for Tyson, but did nothing to change consumers' buying habits or make them demand an end to factory farm torture.

Now, a Philadelphia-based animal rights group is reporting the results of its undercover investigation of Kreider Farms, a large Pennsylvania egg producer. The Kreider report is similar to the Tyson report: Thousands of chickens are crowded into battery cages, where each has a space of about 4 by 6 inches to live. The hens' feathers are ripped off of their necks in order to push them through the cage bar, which are stacked 3-high, resulting in feces dropping all over each of them.

There are about 300 million hens stacked in battery cages in the United States. The "good" cages provide 16 inches of space for each chicken. They cannot stretch their legs or wings, and they have their beaks cut off to prevent excessive pecking. Debeaking is, as you can imagine, a painful procedure. The hens often suffer from fatty liver syndrome and "cage layer fatigue," which frequently results in death. Many suffer from calcium deficiency.

In 2003, at San Diego's Ward Egg Ranch, more than 15,000 spent laying hens were tossed live into a wood chipper to dispose of them. The San Diego District Attorney refused to prosecute because, he said, this was a "standard industry practice." The male chicks of laying hens are frequently grouond up alive or tossed into a trash heap, where they suffocate.

At some supermarkets, cartons of "free range hen" eggs are sold, but there is no reason to believe that the hens that laid those eggs have it much better than the ones at Kreider Farms or similar egg-producing factories. The only way to be sure that your eggs did not come from brutalized chickens is to buy local yard eggs.

Billions of animals are killed at factory farms in America every year. For those who eat meat, buying factory farm meat not only encourages and supports the most inhumane practices imaginable, it also guarantees that customers will consume significant amounts of hormones that have been injected into the animals.

Detainee Amendments Decided Tonight

| Wed Oct. 5, 2005 3:11 PM PDT

It looks like the Senate will decide tonight on the fate of Sen. John McCain's proposed amendments to the defense spending bill, both of which would standardize treatment of detainees. According to McCain and others, the odds look good that the amendments will pass:

Republicans, defying President George W. Bush, said on Wednesday they expected the Senate to support imposing standards on the Pentagon's treatment of military detainees in the wake of abuse scandals at Abu Ghraib prison and elsewhere.

The Senate was to vote later in the day on bipartisan amendments to regulate the Pentagon's interrogations and treatment of prisoners and detainees.

President Bush, of course, has promised to veto the bill—which would be his first veto since taking office—if it contained any amendments that would "bar the U.S. military from engaging in 'cruel, inhuman or degrading treatment' of detainees, from hiding prisoners from the Red Cross, and from using interrogation methods not authorized by a new Army field manual." He wouldn't veto a pork-laden highway bill that clocked in at billions of dollars over its proposed budget, but by gun, he'll wave a veto right in the face of the first Senator or Congressman who takes away his right to torture detainees in captivity. We'll have to see who wins this battle—hopefully the president has been so weakened by his foul-ups of late that he won't be able to pitch this battle, but who knows?

VAWA Passes Senate

Wed Oct. 5, 2005 2:52 PM PDT

Late last night, the Senate approved the reauthorization of the Violence Against Women Act (VAWA), taking a step toward ensuring continued funding for criminal justice programs that advocate for battered women. Amnesty International reports reports that since VAWA originally passed in 1994, designating as federal crimes domestic violence, sexual assault, dating violence, and stalking:

  • Rates of domestic violence incidents have dropped by almost 50% and incidents of rape are down by 60%
  • Intimate partners committed fewer murders in each of the 3 years (1996, 1997, and 1998) than in any other year since 1976
  • Although the Senate excluded an amendment proposed by Sens. Jon Kyl (R-AZ) and John Coryn (R-TX) to create a DNA database of federal detainees—including those not convicted of a crime—that issue remains on the table. The House and Senate will soon resolve their differences over the legislation in a joint conference. Read more Mother Jones coverage of VAWA, here, here, and here.