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To: FaultLine who wrote (9608)9/27/2003 3:17:18 PM
From: LindyBill  Respond to of 793757
 
Left or right, no matter who is in office, this always happens. It is why I hate the "Rico Act."
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U.S. Uses Terror Law to Pursue Crimes From Drugs to Swindling
By ERIC LICHTBLAU NEW YORK TIMES

WASHINGTON, Sept. 27 — The Bush administration, which calls the USA Patriot Act perhaps its most essential tool in fighting terrorists, has begun using the law with increasing frequency in many criminal investigations that have little or no connection to terrorism.

The government is using its expanded authority under the far-reaching law to investigate suspected drug traffickers, white-collar criminals, blackmailers, child pornographers, money launderers, spies and even corrupt foreign leaders, federal officials said.

Justice Department officials say they are simply using all the tools now available to them to pursue criminals — terrorists or otherwise. But critics of the administration's antiterrorism tactics assert that such use of the law is evidence the administration has sold the American public a false bill of goods, using terrorism as a guise to pursue a broader law enforcement agenda.

Justice Department officials point out that they have employed their newfound powers in many instances against suspected terrorists. With the new law breaking down the wall between intelligence and criminal investigations, the Justice Department in February was able to bring terrorism-related charges against a Florida professor, for example, and it has used its expanded surveillance powers to move against several suspected terrorist cells.

But a new Justice Department report, given to members of Congress this month, also cites more than a dozen cases that are not directly related to terrorism in which federal authorities have used their expanded power to investigate individuals, initiate wiretaps and other surveillance, or seize millions in tainted assets.

For instance, the ability to secure nationwide warrants to obtain e-mail and electronic evidence "has proved invaluable in several sensitive nonterrorism investigations," including the tracking of an unidentified fugitive and an investigation into a computer hacker who stole a company's trade secrets, the report said.

Justice Department officials said the cases cited in the report represent only a small sampling of the many hundreds of nonterrorism cases pursued under the law.

The authorities have also used toughened penalties under the law to press charges against a lovesick 20-year-old woman from Orange County, Calif., who planted threatening notes aboard a Hawaii-bound cruise ship she was traveling on with her family in May. The woman, who said she made the threats to try to return home to her boyfriend, was sentenced this week to two years in federal prison because of a provision in the Patriot Act on the threat of terrorism against mass transportation systems.

And officials said they had used their expanded authority to track private Internet communications in order to investigate a major drug distributor, a four-time killer, an identity thief and a fugitive who fled on the eve of trial by using a fake passport.

In one case, an e-mail provider disclosed information that allowed federal authorities to apprehend two suspects who had threatened to kill executives at a foreign corporation unless they were paid a hefty ransom, officials said. Previously, they said, gray areas in the law made it difficult to get such global Internet and computer data.

The law passed by Congress just five weeks after the terror attacks of Sept. 11, 2001, has proved a particularly powerful tool in pursuing financial crimes.

Officials with the Bureau of Immigration and Customs Enforcement have seen a sharp spike in investigations as a result of their expanded powers, officials said in interviews.

A senior official said investigators in the last two years had seized about $35 million at American borders in undeclared cash, checks and currency being smuggled out of the country. That was a significant increase over the past few years, the official said. While the authorities say they suspect that large amounts of the smuggled cash may have been intended to finance Middle Eastern terrorists, much of it involved drug smuggling, corporate fraud and other crimes not directly related to terrorism.

The terrorism law allows the authorities to investigate cash smuggling cases more aggressively and to seek stiffer penalties by elevating them from what had been mere reporting failures.

Customs officials say they have used their expanded authority to open at least nine investigations into Latin American officials suspected of laundering money in the United States, and to seize millions of dollars from overseas bank accounts in many cases unrelated to terrorism.

In one instance, agents citing the new law seized $1.7 million from United States bank accounts that were linked to a former Illinois investor who fled to Belize after he was accused of bilking clients out of millions, federal officials said.

Publicly, Attorney General John Ashcroft and senior Justice Department officials have portrayed their expanded power almost exclusively as a means of fighting terrorists, with little or no mention of other criminal uses.

"We have used these tools to prevent terrorists from unleashing more death and destruction on our soil," Mr. Ashcroft said last month in a speech in Washington, one of more than two dozen he has given in defense of the law, which has come under growing attack. "We have used these tools to save innocent American lives."

Internally, however, Justice Department officials have emphasized a much broader mandate.

A guide to a Justice Department employee seminar last year on financial crimes, for instance, said: "We all know that the USA Patriot Act provided weapons for the war on terrorism. But do you know how it affects the war on crime as well?"

Elliot Mincberg, legal director for People for the American Way, a liberal group that has been critical of Mr. Ashcroft, said the Justice Department's public assertions had struck him as misleading and perhaps dishonest.

"What the Justice Department has really done," he said, "is to get things put into the law that have been on prosecutors' wish lists for years. They've used terrorism as a guise to expand law enforcement powers in areas that are totally unrelated to terrorism."

A study in January by the General Accounting Office, the investigative arm of Congress, concluded that while the number of terrorism investigations at the Justice Department soared after the Sept. 11 attacks, 75 percent of the convictions that the department classified as "international terrorism" were wrongly labeled. Many dealt with more common crimes like document forgery.

The terrorism law has already drawn sharp opposition from those who believe it gives the government too much power to intrude on people's privacy in pursuit of terrorists.

Anthony Romero, executive director of the American Civil Liberties Union, said, "Once the American public understands that many of the powers granted to the federal government apply to much more than just terrorism, I think the opposition will gain momentum."

Senator Patrick J. Leahy of Vermont, the ranking Democrat on the Judiciary Committee, said members of Congress expected some of the new powers granted to law enforcement to be used for nonterrorism investigations.

But he said the Justice Department's secrecy and lack of cooperation in implementing the legislation have made him question whether "the government is taking shortcuts around the criminal laws" by invoking intelligence powers — with differing standards of evidence — to conduct surveillance operations and demand access to records.

"We did not intend for the government to shed the traditional tools of criminal investigation, such as grand jury subpoenas governed by well-established precedent and wiretaps strictly monitored" by federal judges, he said.

Justice Department officials say such criticism has not deterred them. "There are many provisions in the Patriot Act that can be used in the general criminal law," Mark Corallo, a department spokesman, said. "And I think any reasonable person would agree that we have an obligation to do everything we can to protect the lives and liberties of Americans from attack, whether it's from terrorists or garden-variety criminals."
nytimes.com



To: FaultLine who wrote (9608)9/28/2003 4:49:17 AM
From: LindyBill  Respond to of 793757
 
This is how they broke you, FL.
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Huge State Budget Gap Rooted in Three Major Spending Areas
By Doug Smith
LA Times Staff Writer

September 28, 2003

During the first four years Gray Davis was governor, state spending increased by $20 billion. That spending surge has become a main theme for those seeking his recall.

Anti-tax Republicans, in particular, repeat these numbers at almost every opportunity: Inflation and population increases would have driven spending up by 21%; state revenue grew 25%, but spending grew 40%.

"This is not a revenue problem," said state Sen. Tom McClintock (R-Thousand Oaks). "The problem is the 40% increase in spending."

The gap between revenue and spending is indisputable — it is the heart of the state's current budget crisis. But a close examination of where spending went up illustrates why keeping California's budget in balance has become so difficult, regardless of which party controls the governor's office.

Although the precise 40% figure used by Republicans is debatable, spending during the Davis years has grown faster than the combined effects of inflation and the state's population would suggest. But the same was true during the last Republican administration.

Spending from the state's general fund, currently $70 billion, actually grew by a smaller percentage in the first four years of Davis' tenure than during the preceding four years under Gov. Pete Wilson, when the inflation rate was lower.

Analyzing where the money went from the start of Davis' tenure through the peak of his spending shows that the big increases — 92% of the change, excluding tax relief — fell into three categories: health and social services, education and prisons.

Health, Social Services

California has more residents without health insurance than any other state. More than a million of the uninsured are children.

To provide health care to some of those children, the Wilson administration established a program called Healthy Families. Under Davis, that program became one of the fastest-growing major parts of the budget.

That growth was a key reason that health and social services accounted for the largest chunk of new spending under Davis — 43% of all the dollars added.

Three factors combined to swell the costs of health programs under Davis: The state expanded existing programs, such as Healthy Families. It began many new ones. And, as the state made those moves, health-care costs soared nationwide after having been relatively stable during the mid-1990s.

From June 1998 to June 2002, the state aggressively sought out children of working parents who lacked insurance and increased enrollment in Healthy Families more than fourfold, to 562,000 people. But the rapid rise in health-care costs made each person more expensive to cover. While enrollment went up four times, costs rose more than ninefold, from $59 million to $546 million, according to state figures.

Even as the economy soured, Davis continued to expand health-care coverage. His 2002 budget included $8.8 million to draw more people into Healthy Families. Currently, enrollment is up to about 660,000 children.

Davis aides defend the expansion of Healthy Families as cost-efficient over the long term. Healthy Families "is a matter of priority of the Davis administration and the Legislature," said Hilary McLean, a spokeswoman for Davis. "Providing health insurance for children saves money down the line."

The program's supporters, who include many Republicans, say that, by providing basic health coverage such as immunizations and checkups, the program reduces the number of children who will develop expensive medical problems as they grow up.

Davis aides also note that expanding the program made the state eligible for federal matching funds that otherwise would not have come to California. The federal government paid two of every three dollars spent on the program. But even the state's one-third share has added nearly $250 million to the budget.

Conservatives have objected to spending money to recruit people into the program — one of Davis' initiatives. But overall, Healthy Families has enjoyed bipartisan support.

"In this dire budget situation, one would think we, like everybody else, were going to be under the ax," said Kristen Testa, health program director for Children's Partnership, which promotes health coverage for children in California. "But everybody realized that was a good program, and we were doing the right thing."

For Davis, however, the large increases for health and social services programs have posed a political problem — the effects of the spending weren't visible to most voters, said John Ellwood, a professor of public policy at UC Berkeley.

Spending on medical care and other social services for the poor "are not the things that the middle class out there sees," Ellwood said. "They are good if you believe we should devote more of our resources to the young and poor. But the average Californian is neither young nor poor, particularly the average California voter."

Education

Unlike social services programs, education spending in California is tied by law to state revenues. In good times, that means schools get extra money to expand programs. When the economy turns bad, they often must scramble to make cuts.

During the recession of the early 1990s, Wilson cut education spending sharply. Then, as the economy improved and state revenues increased, he and the Legislature poured money into class-size reduction and textbooks. Smaller classes proved extremely popular, especially in the suburban areas that were Wilson's political base.

The need to hire more teachers aggravated an existing shortage. Schools, particularly in the big cites that had more trouble competing for talent, had large numbers of inexperienced teachers, many of them lacking full credentials.

Davis tried to alleviate that by directing a large portion of his new spending on education toward teachers. The state paid for more teacher training and provided tax incentives for teachers. It also provided an additional $1.8 billion that local districts could — and generally did — use to raise teachers' pay.

Critics called the pay increases a sop to the politically powerful teachers unions. Davis supporters said the raises were needed to keep experienced teachers in the classroom.

Davis also created a school accountability program based on expanding the state's standardized tests and rewarding those schools and teachers that performed well.

Overall, spending on kindergarten-through-12th-grade education accounted for 36% of the extra dollars spent under Davis. On top of those increases, money for higher education accounted for an additional 13% of the growth.

In elementary and secondary schools, spending per student rose 16%, going from $5,695 to $6,624 in 2002-03. That got California out of the bottom of national rankings of per-pupil spending and up to about the national average.

Because education spending is tied by law to state revenues, the amount school districts got from the state's general fund stopped going up since 2000, when the economy worsened. Overall state spending on education has continued to rise, but largely because of increased money from the federal government.

At the same time, the number of schoolchildren in California has increased about 7% since Davis took office. That has translated into more teachers, often at the higher salaries, locking districts in and limiting their flexibility when state funding leveled off or dropped.

As the recall gained momentum this year, and the budget crisis deepened, most districts wrestled with hard choices about what programs to cut, and some ended up laying off teachers.

Prisons

In 1995, the Prison Law Office, a nonprofit organization with offices just outside the gates of the San Quentin penitentiary, sued the state Department of Corrections, alleging that prisons were indifferent to the needs of mentally ill inmates. A court agreed and ordered the prison system to hire more psychiatrists and psychologists.

That was one of several court rulings and settlements of prisoner lawsuits over the last decade that have helped drive up the cost of running the state's vast prison system, which now houses 161,000 inmates.

Overall, the number of state prisoners, which grew rapidly during Wilson's tenure, leveled off after 1998. But the budget for prisons and the California Youth Authority continued to increase, going up by about 25% under Davis. The $1.2-billion increase in prison spending accounted for about 8% of the total rise in state spending under Davis.

Davis' opponents often criticize him for wage increases given to prison guards, whose union contributed to Davis' campaigns. Those raises accounted for a large part of the total increase, state figures indicate.

Another large chunk of the increased spending came from higher overtime costs, which added $13 million to the budget. That was attributable in part to changes in the contract, and in part because prison guards were able to take days off more easily under the state's Family Leave Act, requiring co-workers to put in overtime.

But much of the increase in prison spending was driven by one of the same factors that swelled the budget for social services: the cost of health care.

Prisons are required by federal law and court rulings to care for the sick, disabled and injured among their inmate populations. As lawsuits led to greater health-care requirements, and as the cost of health care rose, medical bills for the prison system soared by 70% since 1998, adding more than $350 million a year to the budget.

Davis has largely refused to consider spending cuts for prisons even in the most recent budget, arguing that he will not compromise public safety. But his close relationship with the prison guards has opened him to criticism that he is protecting key campaign contributors in the midst of a crisis.

Other Spending

Beyond those three areas — health and social services, education and prisons — Davis' overall record is more frugal.

In his early budgets, Davis steered some of the state's surplus revenue to one-time improvements, rather than commit it to long-term spending. His 2000 budget included an increase of more than $2 billion for transportation and housing, for example. But, as revenue began to shrink the next year, Davis cut that budget back in those areas rather than reduce his new health programs.

Davis restrained spending below the rate of inflation and population growth on consumer affairs, which grew 9%; natural resources, up 12%; and environmental protection, down 1%.

One final item that goes into the Republican calculation of spending increases under Davis involves a quirk in the way the state accounts for its vehicle license fee — the car tax.

In 1998, under Wilson, the state reduced the car tax. As part of the deal to cut the tax, the Legislature agreed to reimburse local governments for billions of dollars of car-tax revenue they would lose.

The money for local governments, which used to flow directly to them from the car-tax collections, was now coming out of the general fund. By the 2002 fiscal year, the reimbursements to local governments totaled nearly $4 billion and accounted for almost a fifth of the nominal increase in state spending.

Even allowing for that, however, spending under Davis still increased by 27%, which was faster than population growth and inflation combined.

The general fund — essentially the checking account for state taxes — does not include all state spending. In fact, it declined somewhat as a share of the budget under Davis.

But examining trends in the general fund remains the best way to assess the impact that elected officials have on the budget. The other two main sources of spending by the state — both of which have increased in recent years — are money from the federal government and proceeds from the sale of capital improvement bonds. The flow of federal money is determined mostly by policymakers in Washington; bond funds have to be approved by voters. The state budget is proposed by the governor, adopted by a two-thirds vote of the Legislature, and then signed by the governor, who can line-item veto individual amounts.

To avoid what they see as mistakes of the Davis era, many Republicans now advocate a cap that would allow state spending to increase only to the extent needed to match inflation and population growth.

Under such a formula, spending would have grown much less than it did since 1994. But some fiscal experts say the broad consumer price index measurement of inflation does not fairly measure the change in the cost of services paid by government.

For example, they note, spending on health care, which made up 15% of the state budget last year, has consistently outpaced the overall inflation rate, whether the spending was by government or private companies. The same is true of higher education, which stood at 7% of the state budget.

The challenge for the governor and Legislature over the last decade was to strike a balance between tax cuts and expanded services within a cyclical economy, said Steven M. Sheffrin, director of the Center for State and Local Taxation at UC Davis.

"The money wasn't being tossed down a rat hole," Sheffrin said of state spending under Davis' watch. "It was useful things that he wanted to spend money on."

The crisis arose because the spending was based in part on unstable revenues, and to keep spending in line with plummeting revenues would have required pulling back on initiatives begun when the state was flush.

"It does create a stop-and-go policy for the state," Sheffrin said.
latimes.com



To: FaultLine who wrote (9608)9/28/2003 2:22:46 PM
From: GST  Respond to of 793757
 
Lost in Translation
During WWII, the U.S. taught Japanese to thousands. Why wasn't a similar program put in place for Iraq?
By Frank Gibney, Frank Gibney, professor of politics at Pomona College, is president of the Pacific Basin Institute and author of "The Pacific Century" and other works on Asia.

SANTA BARBARA — When my children used to ask me, "What did you do in the war, Daddy?" my answer was terse and occupationally disappointing: "I spoke Japanese." No daring fighter pilot. No inspiring platoon leader. No crack submarine commander.

Still, I did a lot in World War II. As a Navy intelligence officer, I interrogated Japanese prisoners of war. I elicited much military information, both tactical and strategic, and translated it. After August 1945, I spent more than a year in Japan doing liaison work, interpreting and translating U.S. occupation directives and policy. I was a small human bridge between Gen. Douglas MacArthur's conquering army and a puzzled but receptive Japanese public.

I was not alone. Some 1,100 young Americans hurriedly learned Japanese at U.S. naval schools, while approximately 9,000 officers and men, most of them Japanese Americans, received Japanese language instruction from the U.S. Army. Language programs in both services were in place by November 1941, as relations with Japan neared a breaking point. By late 1942, when I joined up, a huge language-recruitment program was underway. The objective was to train a generation of bilingual communicators not merely for wartime intelligence but also for the occupation of Japan, being planned long before the war's end.

A crash program it surely was. Army and Navy language specialists canvassed colleges looking for young Americans with Asian backgrounds (typically from oil-business or missionary families) or classics majors, the latter on the plausible ground that anyone foolish enough to spend their college education studying Latin and Greek could handle Japanese. Other recruiters enlisted young Japanese American volunteers from the internment camps into which their families had been unjustly confined. When I was sworn in as a yeoman second class, I had finished two years plus at Yale and could quote Plato ad infinitum. My only knowledge of Japan was derived from the daily scare headlines in the newspapers and from my recollection of the Mr. Moto detective stories in the Saturday Evening Post.

We learned about Japan in a hurry. After 14 months of reading, writing and speaking Japanese — topped off by a few weeks' study at the Advanced Naval Intelligence School (unfortunately, we missed the elementary course) — we were on our own in the Pacific Theater trying to win the war. In the process, we learned a lot about the enemy's way of life. Most of us would go on to help in the occupation and played key roles in its reform programs.

The Japanese had been propagandized and cut off from the rest of the world for almost two decades. They were fearful and upset in the backwash of total defeat. The presence of a few thousand Americans who spoke the language did much to ease the shock of occupation.

The sudden and peaceful cultural exchange also profoundly affected the occupiers. Some of us became journalists. John Rich joined NBC News. I became Time-Life Tokyo bureau chief. Marshall Green, Dick Sneider and Dave Osborn became distinguished ambassadors. Otis Cary, Donald Keene, Marius Jansen and Ted de Bary expanded postwar Japanese and Asian studies at universities. It's no exaggeration to say that the wartime language-school graduates helped recast the old U.S. relationship with Japan into a new and permanent partnership. This was export democracy in action.

When plans for the Bush administration's invasion of Iraq first surfaced, many of us worried abut the obvious shortage of qualified American Arabic speakers, as we had earlier worried about the too few proficient in Pushtu and Persian. In May 2002, I wrote Defense Secretary Donald H. Rumsfeld to thank him for his help in honoring the surviving World War II Japanese American language teachers. I also asked him whether the government would consider an Arabic version of the wartime crash language programs. Six months later, I got an answer from Assistant Secretary Peter W. Rodman. He confidently assured me that programs had long been in place (well before the Sept. 11, 2001, attacks) to facilitate university instruction in "less widely taught languages and cultures," Islamic included. So much for a crash program.

A look at the situation in Iraq and Afghanistan today tells a vastly different story. Estimates vary, but everyone agrees that very few of the more than 130,000 U.S. soldiers on duty in Iraq are in any sense Arabic-speaking, far fewer certainly than the 850 originally planned. There is a similar shortage of Iraqi Americans working with the U.S.-led occupation. Senior U.S. administrators in Iraq are frantically seeking more. Yet according to a 2002 General Accounting Office report, almost half the Defense Department positions for speakers of difficult languages (Korean, Chinese, Persian and Russian, along with Arabic) still remained unfilled.

The State Department has barely 40 competent Arabists — not all of them are in Iraq — and perhaps 50 learning the language. Other agencies, notably the FBI, are scurrying for Arabic-speaking recruits. But supplying them is not easy. A minimum of 18 months is needed to acquire a basic knowledge of this highly difficult language. Moreover, to be effective as an interpreter/translator in what is becoming a long-term occupation of Iraq, students should also learn Arab and Islamic history and customs. All this takes time, at least two years.

As things now stand in Iraq, occupation forces rely on a patchwork of outsourcing contracts with various private translation agencies, local Iraqis who speak English (beware of the superficially smiling interpreter) and, worst of all, machine translators capable (one hopes) of repeating preselected English phrases in Arabic, or vice versa. There is nothing remotely resembling the corps of translators and interpreters we had in World War II. Small wonder there are daily collisions and firefights between Americans and Iraqis who do not understand what the other is saying.

Few people in Iraq speak English. Fewer remotely comprehend the Anglo-Saxon concepts of law and democratic governance. To transform Iraq into a bastion of democracy in the Middle East, as President Bush and his ambitious neocon retainers have resolved to do, would require a mammoth job of cultural and political translation. (By comparison, democratizing the failed nation-states of Japan and Germany a half-century ago seems easy.) For starters, we might have trained a new generation of Arabic speakers to explain our unfamiliar words and concepts in a language the locals in Baghdad could understand.

With our occupation forces on the ground and under fire, it is late — very late — to begin.

latimes.com