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Politics : Bill Clinton Scandal - SANITY CHECK -- Ignore unavailable to you. Want to Upgrade?


To: JBL who wrote (36104)2/27/1999 3:16:00 AM
From: JBL  Respond to of 67261
 
Sudanese Businessman Plans Suit Against
U.S.
Owner of Bombed Plant Seeks Frozen Assets

By Vernon Loeb
Washington Post Staff Writer
Friday, February 26, 1999; Page A03

A Saudi businessman whose pharmaceutical plant in Sudan was destroyed
by a U.S. missile attack last August is launching a legal counterattack with
a lawsuit contending that the Treasury Department unlawfully froze $24
million in his bank accounts immediately after the missile strike.

Saleh Idris, a Sudanese-born magnate who purchased the El Shifa plant in
Khartoum last April, was set to file the suit in U.S. District Court here
today, associates said. The suit alleges that the Treasury Department's
Office of Foreign Assets Control froze his funds on deposit in London
without designating him a terrorist or declaring he is linked to a designated
terrorist, as the law demands.

Controversy has swirled around the El Shifa attack ever since 13 cruise
missiles slammed into the facility Aug. 20, 13 days after U.S. embassies in
Kenya and Tanzania were bombed. Senior Clinton administration officials
have provided elaborate justification for the attack--saying the plant played
a role in chemical weapons production--but criticism has mounted at home
and abroad from those who argue the administration made a mistake in its
haste to strike back against international terrorism.

"We think that they are seeking to position Saleh Idris as someone
connected to terrorism without any basis or evidence at all in order to
justify the attack on the plant," said Mark J. MacDougall, one of Idris's
lawyers at Akin, Gump, Strauss, Hauer & Feld. "We know of no evidence
connecting Saleh Idris . . . to any form of terrorist organization."

Steven R. Ross, another Akin Gump lawyer representing Idris, said the
case Idris plans to file today "is not about whether the U.S. should or
should not fight terrorism. It's about how, if the U.S. government makes a
mistake, it should stand up and admit that mistake and not ruin an innocent
person's life."

A senior administration official responded that "it is our belief that there is a
link between Mr. Idris and Mr. bin Laden, and it's the administration's
judgment that we have to use all the tools available to undermine the
effectiveness of [bin Laden's] terrorist organization."

In launching the cruise missile attacks against El Shifa and against camps in
Afghanistan run by exiled Saudi dissident Osama bin Laden, they said they
targeted the Khartoum plant as a chemical weapons facility with links to
bin Laden. They subsequently admitted that they did not know at the time
of the attack that El Shifa was owned by Idris, who purchased the facility
four months before it was destroyed.

But U.S. officials now say bin Laden, who has been charged with
engineering the embassy bombings in Africa, has ties to the plant's former
and current operators. As criticism mounted in the attack's immediate
aftermath, U.S. officials also took the unusual step of disclosing that the
CIA had obtained a soil sample from the plant grounds containing
EMPTA, a known precursor of deadly VX nerve gas.

Idris, an entrepreneur and former bank executive at the National
Commercial Bank in Saudi Arabia, has fought back in an attempt to clear
his name.

He has hired Thomas D. Tullius, chemistry department chairman at Boston
University, to take a complete set of soil samples at El Shifa to show that
he never made chemical weapons there. The samples, including specimens
gathered from the plant's destroyed laboratory and its septic tank, were
tested at three European laboratories and contained no VX precursors of
any kind, according to Tullius.

But the lawsuit Idris plans to file today against the Treasury Department
represents the first concrete step he has taken to regain use of assets
frozen by the U.S. government. Loss of the pharmaceutical plant could be
the source of a second lawsuit, associates have said.

Idris' lawsuit says that the Office of Foreign Assets Control (OFAC) froze
$24 million of his assets through a one-page letter sent four days after the
missile strike to the Bank of America. The letter stated that Idris's assets
"are blocked pending investigation of interests of Specially Designated
Terrorists" named by U.S. officials. But the government has never
designated Idris as a terrorist or provided any evidence linking his assets to
bin Laden, according to MacDougall and Ross. Without such a
declaration, they say, the Treasury Department has no legal basis to freeze
Idris's funds.

Stanley J. Marcuss, a Washington attorney who has written extensively on
the government's powers to freeze terrorists' assets, said the Office of
Foreign Assets Control "has tremendous powers in this area and a lot of
latitude" to freeze assets, but only after it has officially designated someone
as a terrorist. Seizing Idris's assets without such a declaration, he said,
would be "quite unusual."

"An interesting question for OFAC would be, why isn't he on the list?"
Marcuss said. "That's not a difficult thing to do. It can be done with the
stroke of a pen."



To: JBL who wrote (36104)2/27/1999 11:19:00 AM
From: Les H  Read Replies (1) | Respond to of 67261
 
Reading between lines of latest scandal tale

Media coverage of Juanita Broaddrick's story speaks to a
changing definition of 'news.'

Alexandra Marks (marksa@csps.com)
Staff writer of The Christian Science Monitor

NEW YORK

News, as defined by The Concise Oxford Dictionary, is "information
about important or interesting recent events." So how did Juanita
Broaddrick's allegation about a sexual attack that she says occurred
21 years ago - an event that was never reported to any authority, was
recently denied in a legal affidavit, and may be impossible to ever
substantiate - how did that come to the sudden attention of the
nation's media during the past week? The answer, say many media
critics, is that in today's hotly competitive media environment the
definition of news is not what it used to be.

In fact, some say, the media's handling of Mrs. Broaddrick's
allegation against Bill Clinton may have finally obliterated any
traditional notion of what constitutes "news."

Such notions have been eroding for some time, under pressure of
intense competition brought by a proliferation of media outlets and
fueled by the Internet's gossip mongers. But the Broaddrick story is
serving to redefine news, especially for much of the national press. "If
journalists believed that news by definition was something that had to
be serious and had to impact people's lives, the Juanita story would
not be in the paper," says Marvin Kalb, a media analyst at Harvard
University. "But since news today merely has to titillate, appeal to the
curiosity factor - sex - then Juanita is the story."

Others argue that the seriousness of the allegation does constitute
news in the traditional sense, particularly because Broaddrick's story
was a factor in several House members' decision to vote to impeach
President Clinton. Still others say it reaches that threshold because it
reflects on the president's character.

But media critic Ed Fouhy says the most interesting fallout from the
debate could be about the media themselves. "It's been a lesson in the
differences among news organizations, and the values and news
standards that they have," he says. "And that has played out in public,
when it usually plays out in private."

Editors and producers around the country this week debated, argued,
and in some cases agonized over how to handle the story that had
lived quietly in the media's shadows as rumor and innuendo since
1992.

Broaddick's allegation was first revealed publicly as part of an
extensive legal filing last spring by Paula Jones's lawyers. NBC News'
Lisa Myers then reported on the allegation in detail. But Ms. Myers
wanted more - an interview with the mysterious woman who had
come to be known as Jane Doe No. 5. Myers regularly called and
pleaded, finally landing an interview in January, at the height of the
impeachment trial.

Nbc News then sat on the story, checking and cross-checking facts,
it says. But Matt Drudge, the media's Internet nemesis, got wind that
NBC was holding the interview and began beating the cyber-drums,
indignant that such an explosive allegation had not aired.

Then Robert Bartley, editor of The Wall Street Journal's decidedly
anti-Clinton editorial page (The Columbia Journalism Review once
called it "Bartley's Believe It or Not"), heard on CNN that NBC was
holding its story. Mr. Bartley bypassed his news editors and sent
columnist Dorothy Rabinowitz to interview Broaddrick.

And so last Friday, in the guise of an editorial piece about NBC's
decision to hold the story, The Wall Street Journal laid out in detail
Broaddrick's allegation. The wire services picked up the story, and
so did The Boston Globe and The Washington Post. The Post
followed the next day with a front-page story that characterized the
allegation as "sensational yet ancient and unproven." "When I read
that, I thought, 'So what's it doing on the front page?' " says Professor
Kalb.

With the genie out of the bottle, White House lawyer David Kendall
issued a statement denying that Mr. Clinton had ever assaulted
Broaddrick. That gave the story an official patina, and many regional
papers ran wire-service stories about the president's lawyer's denial.

But many also refrained from publishing anything about it. The San
Jose Mercury News only mentioned it Wednesday in a short piece
about NBC's decision to finally air the interview, which it did that
night. Managing editor David Yarnold said the story lacked
corroboration and had too many holes to rush into print.

"We also asked how we would handle it if it was a local story. So
often, the national stories get treated differently - our values can get
challenged," says Mr. Yarnold.

The New York Times held off running the story until Wednesday as
well. Then it ran a story about the unusual route the allegation took
before becoming public - laying out in detail the unsubstantiated
charges. The editors said they felt it was "news" because it was a
factor in the impeachment debate.

Steve Brill, founder of media watchdog Brill's Content, finds good
and bad news in the handling of the Broaddrick allegation. He does
not believe that the story passes the test as "news" by any definition.
But he's encouraged by the fact that there are a host of alternative
news organizations that "can drop a dime on NBC" if it holds a
legitimate story.

"That's very good," says Mr. Brill. "The downside of that is that we've
all been in a situation where an editor holds a story for very legitimate
reasons, and the person who's done the story conjures up all kinds of
conspiracy theories, when in fact it's just not a good story. Then you
have to be vigilant about your reporting."